MONDAY, December 5, 1836. Link to Annals.

Present:

From the State of New Hampshire.

The honorable

Henry Hubbard,

John Page.

From the State of Massachusetts,

The honorable John Davis.

From the State of Rhode Island and Providence Plantations.

The honorable

Nehemiah R. Knight,

Asher Robbins.

From the State of Connecticut.

The honorable

John M. Niles,

Gideon Tomlinson.

From the State of Vermont.

The honorable

Samuel Prentiss,

Benjamin Swift.

From the State of New York.

The honorable Silas Wright, jun.

From the State of New Jersey.

The honorable

Samuel L Southard,

Garret D. Wall.

From the State of Pennsylvania.

The honorable

James Buchanan,

Samuel McKean.

From the State of Delaware.

The honorable Richard H. Bayard.

From the State of Maryland.

The honorable Joseph Kent.

From the State of Virginia.

The honorable William C. Rives.

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From the State of Georgia.

The honorable John P. King.

From the State of Kentucky.

The honorable

Henry Clay,

John J. Crittenden.

From the State of Tennessee.

The honorable

Felix Grundy,

Hugh L. White.

From the State of Ohio.

The honorable

Thomas Ewing,

Thomas Morris.

From the State of Indiana.

The honorable

William Hendricks,

John Tipton.

From the State of Mississippi.

The honorable Robert J. Walker.

From the State of Illinois.

The honorable

William L. D. Ewing,

John M. Robinson.

From the State of Alabama.

The honorable

William R. King,

Gabriel Moore.

From the State of Maine.

The honorable John Ruggles.

From the State of Missouri.

The honorable

Thomas H. Benton,

Lewis F. Linn.

From the State of Arkansas.

The honorable

William S. Fulton,

Ambrose H. Sevier.

The Vice President of the United States resumed the chair.

Mr. Benton presented the credentials of the honorable William S. Fulton and the honorable Ambrose H. Sevier , appointed Senators of the United States by the General Assembly of the State of Arkansas; and the oath prescribed bylaw was administered to them, and they took their seats in the Senate.

Mr. Benton submitted the following motion; which was considered and agreed to:

Resolved , That the Senate proceed to ascertain the classes in which the Senators of the State Arkansas shall be inserted, in conformity with the resolution of the 14th May, 1789, and as the constitution requires.

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On motion by Mr. Benton,

Ordered , That the Secretary put into the ballot-box three papers of equal size, numbered 1, 2, 3. Each of the Senators of the State of Arkansas shall draw out one paper. No. 1, if drawn, shall entitle the member to be placed in the class of Senators whose terms of service will expire the third day of March, 1837; No. 2, in the class whose terms will expire the third day of March, 1839; and No. 3, in the class whose terms will expire the third day of March, 1841.

Whereupon,

The papers above mentioned were put by the Secretary into the box, and the honorable Ambrose H. Sevier drew No. 1, and is accordingly of the class of Senators whose terms of service will expire the third day of March, 1837; and the honorable William S. Fulton drew No. 3, and is accordingly of the class of Senators whose terms of service will expire the third day of March, 1841.

On motion by Mr. Grundy,

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

On motion by Mr. Grundy,

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

On motion by Mr. Swift,

It was agreed that the Vice President appoint the committee; and

Mr. Grundy and Mr. Swift were appointed.

The Vice President communicated a letter of the Secretary of the Senate, accompanied by a statement of the contingent expenses of the Senate, prepared in obedience to the requirements of the act of Congress of the 9th of May, 1836; and the letter was read.

Mr. Linn 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 of 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.

The Vice President communicated a letter of the honorable Walter Lowrie, resigning the office of Secretary of the Senate; which was read.

On motion by Mr. Benton,

Resolved , The Secretary of the Senate having this day resigned, that Lewis H. Machen, principal clerk, do act as Secretary until one shall be appointed.

The oath prescribed by law was administered to Lewis H. Machen.

On motion by Mr. Wall,

Ordered , That the standing committee to audit and control the contingent expenses of the Senate be now appointed.

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It was agreed, on motion by Mr. King, of Alabama, that the Vice President appoint the committee; and

Mr. McKean, Mr. Tomlinson, and Mr. Hendricks, were appointed.

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

Mr. President: I am directed to inform the Senate that a quorum of the House of Representatives is assembled, and that the House is ready to proceed to business.

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

On motion by Mr. Hubbard,

The Senate adjourned.

TUESDAY, December 6, 1836. Link to Annals.

Mr. Grundy, from the joint committee appointed yesterday to wait on the President of the United States, and inform him that quorums of the two Houses have assembled, and that Congress is ready to receive any communication he may be pleased to make, reported that the committee had performed the duties of their appointment, and that the President of the United States replied that he would make a communication in writing to the two Houses of Congress this day at 12 o'clock.

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

Fellow-citizens of the Senate and House of Representatives:

Addressing to you the last annual message I shall ever present to the Congress of the United States, it is a source of the most heartfelt satisfaction to be able to congratulate you on the high state of prosperity which our beloved country has attained. With no causes at home or abroad to lessen the confidence with which we look to the future for continuing proofs of the capacity of our free institutions to produce all the fruits of good government, the general condition of our affairs may well excite our national pride.

I cannot avoid congratulating you, and my country particularly, on the success of the efforts made during my administration by the Executive and Legislature, in conformity with the sincere, constant, and earnest desire of the people, to maintain peace and establish cordial relations with all foreign Powers. Our gratitude is due to the Supreme Ruler of the Universe, and I invite you to unite with me in offering to him fervent supplications that his providential care may ever be extended to those who follow us, enabling them to avoid the dangers and the horrors of war, consistently with a just and indispensable regard to the rights and honor of our country. But, although the present state of our foreign affairs, standing without important change as they did when you separated in July last, is flattering in the extreme, I regret to say that many questions of an 0007 7 interesting character, at issue with other Powers, are yet unadjusted. Amongst the most prominent of these, is that of our Northeastern boundary. With an undiminished confidence in the sincere desire of his Britannic Majesty's Government to adjust that question, I am not yet in possession of the precise grounds upon which it proposes a satisfactory adjustment.

With France, our diplomatic relations have been resumed, and under circumstances which attest the disposition of both Governments to preserve a mutually beneficial intercourse, and foster those amicable feelings which are so strongly required by the true interests of the two countries. With Russia, Austria, Prussia, Naples, Sweden, and Denmark, the best understanding exists, and our commercial intercourse is gradually expanding itself with them. It is encouraged in all these countries, except Naples, by their mutually advantageous and liberal treaty stipulations with us.

The claims of our citizens on Portugal are admitted to be just, but provision for the payment of them has been unfortunately delayed by frequent political changes in that kingdom.

The blessings of peace have not been secured by Spain. Our connexions with that country are on the best footing, with the exception of the burdens still imposed upon our commerce with her possessions out of Europe.

The claims of American citizens for losses sustained at the bombardment of Antwerp, have been presented to the Governments of Holland and Belgium, and will be pressed, in due season, to settlement.

With Brazil, and all our neighbors of this continent, we continue to maintain relations of amity and Concord, extending our commerce with them as far as the resources of the people and the policy of their Governments will permit. The just and long-standing claims of our citizens upon some of them, are yet sources of dissatisfaction and complaint. No danger is apprehended, however, that they will not be peacefully, although tardily, acknowledged and paid by all, unless the irritating effect of her struggle with Texas should unfortunately make our immediate neighbor, Mexico, an exception.

It is already known to you, by the correspondence between the two Governments communicated at your last session, that our conduct in relation to that struggle is regulated by the same principles that governed us in the dispute between Spain and Mexico herself; and I trust that it will be found, on the most severe scrutiny, that our acts have strictly corresponded with our professions. That the inhabitants of the United States should feel strong prepossessions for the one party, is not surprising. But this circumstance should, of itself, teach us great caution, lest it lead us into the great error of suffering public policy to be regulated by partiality or prejudice; and there are considerations connected with the possible result of this contest between the two parties of so much delicacy and importance to the United States, that our character requires that we should neither anticipate events, nor attempt to control them. The known desire of the Texans to become a part of our system, although its gratification depends upon the reconcilement of various and conflicting interests, necessarily a work of time, and uncertain in itself, is calculated to expose our conduct to misconstruction in the eyes of the world. There are already those who, indifferent to principle themselves, and prone 0008 8 to suspect the want of it in others, charge us with ambitious designs and insidious policy. You will perceive by the accompanying documents, that the extraordinary mission from Mexico has been terminated, off the sole ground that the obligations of this Government to itself and to Mexico, under treaty stipulations, have compelled me to trust a discretionary authority to a high officer of our army, to advance into territory claimed as part of Texas, if necessary, to protect our own or the neighboring frontier from Indian depredation. In the opinion of the Mexican functionary who has just left us, the honor of his country will be wounded by American Soldiers entering, with the most amicable avowed purposes, upon ground from which the followers of his Government have been expelled, and over which there is at present no certainty of a serious effort on its part being made to re-establish its dominion. The departure of this minister was the more singular, as he was apprized that the sufficiency of the causes assigned for the advance of our troops by the commanding general had been seriously doubted by me, and there was every reason to suppose that the troops of the United States, their commander having had time to ascertain the truth or falsehood of the information upon which they had been marched to Nacogdoches, would be either there in perfect accordance with the principles admitted to be just in his conference with the Secretary of State, by the Mexican minister himself, or were already withdrawn in consequence of the impressive warnings their commanding officer had received from the Department of War. It is hoped and believed that his Government will take a more dispassionate and just view of this subject, and not be disposed to construe a measure of justifiable precaution, made necessary by its known inability in execution of the stipulations of our treaty to act upon the frontier, into an encroachment upon its rights or a stain upon its honor.

In the mean time, the ancient complaints of injustice, made on behalf of our citizens, are disregarded, and new causes of dissatisfaction have arisen, some of them of a character requiring prompt remonstrance, and ample and immediate redress. I trust, however, by tempering firmness with courtesy, and acting with great forbearance upon every incident that has occurred, or that may happen, to do and to obtain justice, and thus avoid the necessity of again bringing this subject to the view of Congress.

It is my duty to remind you that no provision has been made to execute our treaty with Mexico for tracing the boundary line between the two countries. Whatever may be the prospect of Mexico's being soon able to execute the treaty on its part, it is proper that we should be, in anticipation, prepared at all times to perform our obligations, without regard to the probable condition of those with whom we have contracted them.

The result of the confidential inquiries made into the condition and prospects of the newly-declared Texan Government, will be communicated to you in the course of the session.

Commercial treaties, promising great advantages to our enterprising merchants and navigators, have been formed with the distant Governments of Muscat and Siam. The ratifications have been exchanged, but have not reached the Department of State. Copies of the treaties will be transmitted to you, if received before, or published, if arriving after, the close of the present session of Congress.

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Nothing has occurred to interrupt the good understanding that has long existed with the Barbary Powers, nor to check the good-will which is gradually growing up from our intercourse with the dominions of the Government of the distinguished chief of the Ottoman empire.

Information has been received at the Department of State that a treaty with the Emperor of Morocco has just been negotiated, which, I hope, will be received in time to be laid before the Senate previous to the close of the session.

You will perceive, from the report of the Secretary of the Treasury, that the financial means of the country continue to keep pace with its improvement in all other respects. The receipts into the Treasury during the present year will amount to about $47,691,898; those from customs being estimated at $22,523,151; those from lands at about $24,000,000; and the residue from miscellaneous sources. The expenditures for all objects during the year are estimated not to exceed $32,000,000, which will leave a balance in the Treasury for public purposes, on the 1st day of January next, of about $41,723,959. This sum, with the exception of $5,000,000, will be transferred to the several States, in accordance with the provisions of the act regulating the deposites of the public money.

The unexpended balances of appropriation on the 1st day of January next, are estimated at $14,636,062, exceeding by $9,636,062 the amount which will be left in the deposite banks, subject to the draft of the Treasurer of the united States, after the contemplated transfers to the several States are made. If, therefore, the future receipts should not be sufficient to meet these outstanding and future appropriations, there may be soon a necessity to use a portion of the funds deposited with the States.

The consequences apprehended when the deposite act of the last session received a reluctant approval, have been measurably realized. Though an act merely for the deposite of the surplus moneys of the United States in the State treasuries for safe keeping, until they may be wanted for the service of the General Government, it has been extensively spoken of as an act to give the money to the several States, and they have been advised to use it as a gift, without regard to the means of refunding it when called for. Such a suggestion has doubtless been made without a due consideration of the obligations of the deposite act, and without a proper attention to the various principles and interests which are affected by it. It is manifest that the law itself cannot sanction such a suggestion, and that, as it now stands, the States have no more authority to receive and Use these deposites, without intending to return them, than any deposite bank, or any individual temporarily charged with the safe keeping or application of the public money would now have for converting the same to their private use, without the consent and against the will of the Government. But, independently of the violation of public faith and moral obligation which are involved in this suggestion, when examined in reference to the terms of the present deposite, act, it is believed that the considerations which should govern the future legislation of Congress on this subject will be equally conclusive against the adoption of any measure recognising the principles on which the suggestion has been made.

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Considering the intimate connexion of the subject with the financial interests of the country, and its great importance in whatever aspect it can be viewed, I have bestowed upon it the most anxious reflection, and feel it to be my duty to state to Congress such thoughts as have occurred to me, to aid their deliberation in treating it in the manner best calculated to conduce to the common good.

The experience of other nations admonished us to hasten the extinguishment of the public debt; but it will be in vain that we have congratulated each other upon the disappearance of this evil: if we do not guard against the equally great one of promoting the unnecessary accumulation of public revenue. No political maxim is better established than that which tells us that an improvident expenditure of money is the parent of profligacy, and that no people can hope to perpetuate their liberties who long acquiesce in a policy which taxes them for objects not necessary to the legitimate and real wants of their Government. Flattering as is the condition of our country at the present period, because of its unexampled advance in all the steps of social and political improvement, it cannot be disguised that there is a lurking danger already apparent in the neglect of this warning truth, and that the time has arrived when the representatives of the people should be employed in devising some more appropriate remedy than now exists, to avert it.

Under our present revenue system, there is every probability that there will continue to be a surplus beyond the wants of the Government; and it has become our duty to decide whether such a result be consistent with the true objects of our Government.

Should a surplus be permitted to accumulate beyond the appropriations, it must be retained in the Treasury as it now is, or distributed among the people or the States.

To retain it in the Treasury unemployed in any way, is impracticable. It is, besides, against the genius of our free institutions to lock up in vaults the treasure of the nation. To take from the people the right of bearing arms, and put their weapons of defence in the hands of a standing army, would be scarcely more dangerous to their liberties, than to permit the Government to accumulate immense amounts of treasure beyond the supplies necessary to its legitimate wants. Such a treasure would doubtless be employed at some time, as it has been in other countries, when opportunity tempted ambition.

To collect it merely for distribution to the States, would seem to be highly impolitic, if not as dangerous as the proposition to retain it in the Treasury. The shortest reflection must satisfy every one, that to require the people to pay taxes to the Government merely that they may be paid back again, is sporting with the substantial interests of the country, and no system which produces such a result can be expected to receive the public countenance. Nothing could be gained by it, even if each individual who contributed a portion of the tax could receive back promptly the same portion. But it is apparent that no system of the kind can ever be enforced, which will not absorb a considerable portion of the money to be distributed in salaries and commissions to the agents employed in the process, and in the various losses and depreciations which arise from other causes; and the practical effect of such an attempt must ever be to burden the people with taxes, not for purposes beneficial to them, but to 0011 11 swell the profits of deposite banks, and support a band of useless public officers.

A distribution to the people is impracticable and unjust in other respects. It would be taking one man's property and giving it to another. Such would be the unavoidable result of a rule of equality. (and none other is spoken of or would be likely to be adopted,) inasmuch as there is no mode by which the amount of the individual contributions of our citizens to the public revenue can be ascertained. We know that they contribute unequally; and a rule, therefore, that would distribute to them equally would be liable to all the objections which apply to the principle of an equal division of property. To make the General Government the instrument of carrying this odious principle into effect, would be at once to destroy the means of its usefulness, and Change the character designed for it by the framers of the constitution.

But the more extended and injurious consequences likely to result from a policy which would collect a surplus revenue for the purpose of distributing it, may be forcibly illustrated by an examination of the effects already produced by the present deposite act. This act, although certainly designed to secure the safe-keeping of the public revenue, is not entirely free in its tendencies from any of the objections which apply to this principle of distribution. The Government had, without necessity, received from the people a large surplus, which, instead of being employed as heretofore, and returned to them by means of the public expenditure, was deposited with sundry banks. The banks proceeded to make loans upon this surplus, and thus converted it into banking capital; and in this manner it has tended to multiply bank charters, and has had a great agency in producing a spirit of wild speculation. The possession and use of the property out of which this surplus was created belonged to the people; but the Government has transferred its possession to incorporated banks, whose interest and effort it is to make large profits out of its use. This process need only be stated to show its injustice and bad policy.

And the same observations apply to the influence which is produced by the steps necessary to collect as well as to distribute such a revenue. About three-fifths of all the duties on imports are paid in the city of New York, but it is obvious that the means to pay those duties are drawn from every quarter of the Union. Every citizen in every State who purchases and consumes an article which has paid a duty at that port, contributes to the accumulating mass. The surplus collected there, must, therefore, be made up of moneys or property withdrawn from other points and other States. Thus, the wealth and business of every region from which these surplus funds proceed, must be to some extent injured, while that of the place where the funds are concentrated and are employed in banking are proportionably extended. But both in making the transfer of the funds which are first necessary to pay the duties and collect the surplus, and in making the re-transfer which becomes necessary when the time arrives for the distribution of that surplus, there is a considerable period when the funds cannot be brought into use; and it is manifest that, besides the loss inevitable from such an operation, its tendency is to produce fluctuations in the business of the country, which are always productive of speculation and detrimental to the interests of 0012 12 regular trade. Argument can scarcely be necessary to show that a measure of this character ought not to receive further legislative encouragement.

By examining the practical operation of the ratio for distribution adopted in the deposite bill of the last session, we shall discover other features that appear equally objectionable. Let it be assumed, for the sake of argument, that the surplus moneys to be deposited with the States have been collected and belong to them in the ratio of their federal representative population—an assumption founded upon the fact that any deficiencies in our future revenue from imports and public lands must be made up by direct taxes collected from the States in that ratio. It is proposed to distribute this surplus, say $30,000,000, not according to the ratio in which it has been collected and belongs to the people of the States, but in that of their votes in the colleges of electors of President and Vice President. The effect of a distribution upon that ratio is shown by the annexed table, (marked A.)

By an examination of that table, it will be perceived that, in the distribution of a surplus of $30,000,000 upon that basis, there is a great departure from the principle which regards representation as the true measure of taxation; and it will be found that the tendency of that departure will be to increase whatever inequalities have been supposed to attend the operation of our federal system in respect to its bearings upon the different interests of the Union. In making the basis of representation the basis of taxation, the framers of the constitution intended to equalize the burdens which are necessary to support the Government; and the adoption of that ratio, while it accomplished this object, was also the means of adjusting other great topics arising out of the conflicting views respecting the political equality of the various members of the confederacy. Whatever, therefore, disturbs the liberal spirit of the compromises which established a rule of taxation so just and equitable, and which experience has proved to be so well adapted to the genius and habits of our people, should be received with the greatest caution and distrust.

A bare inspection, in the annexed table, of the differences produced by the ratio used in the deposite act, compared with the results of a distribution according to the ratio of direct taxation, must satisfy every unprejudiced mind that the former ratio contravenes the spirit of the constitution, and produces a degree of injustice in the operations of the Federal Government which would be fatal to the hope of perpetuating it. By the ratio of direct taxation, for example, the State of Delaware, in the collection of $30,000,000 of revenue, would pay into the treasury $188,716; and in a distribution of $30,000,000 she would receive back from the Government, according to the ratio of the deposite bill, the sum of $306,122; and Similar results would follow the comparison between the small and the large States throughout the Union; thus realizing to the small States an advantage which would be doubtless as unacceptable to them as a motive for incorporating the principle in any system which would produce it, as it would be inconsistent with the rights and expectations of the large States. It was certainly the intention of that provision of the constitution which declares that “all duties, imposts, and excises” shall “be uniform throughout the United States,” to make the burdens of taxation fall equally upon the people, in whatever State of the Union they may reside. 0013 13 But what would be the value of such a uniform rule, if the moneys raised by it could be immediately returned by a different one, which will give to the people of Some States much more, and to those of others much less than their fair proportions? Were the Federal Government to exempt, in express terms, the imports, products, and manufactures, of some portions of the country from all duties, while it imposed heavy ones on others, the injustice could not be greater. It would be easy to Show how, by the operation of such a principle, the large States of the Union would not only have to contribute their just share towards the support of the Federal Government, but also have to bear in some degree the taxes necessary to support the Governments of their smaller sisters; but it is deemed unnecessary to state the details where the general principle is so obvious.

A system liable to such objections can never be supposed to have been sanctioned by the framers of the constitution, when they conferred on Congress the taxing power; and I feel persuaded that a mature examination of the subject will satisfy every one that there are insurmountable difficulties in the operation of any plan which can be devised, of collecting revenue for the purpose of distributing it. Congress is only authorized to levy taxes “ to pay the debts and provide for the common defence and general welfare of the United States .” There is no such provision as would authorize Congress to collect together the property of the country, under the name of revenue, for the purpose of dividing it equally or unequally among the States or the people. Indeed, it is not probable that such an idea ever occurred to the States when they adopted the constitution. But, however this may be, the only safe rule for us, in interpreting the powers granted to the Federal Government, is to regard the absence of express authority to touch a subject so important and delicate as this is, as equivalent to a prohibition.

Even if our powers were less doubtful in this respect, as the constitution now stands, there are considerations afforded by recent experience which would seem to make it our duty to avoid a resort to such a system.

All will admit that the simplicity and economy of the Static Governments mainly depend on the fact that money has to be supplied to support thereby, the same men, or their agents, who vote, it away in appropriations. Hence, when there are extravagant and wasteful appropriations, there must be a corresponding increase of taxes; and the people becoming awakened, will necessarily scrutinize the character of measures which thus increase their burdens. By the watchful eye of self-interest, the agents of the people in the State Governments are repressed and kept within the limits of a just economy. But if the necessity of levying the taxes be taken from those who make the appropriations, and thrown upon a more distant and less responsible set of public agents, who have power to approach the people, by an indirect and stealthy taxation, there is reason to tear that prodigality will soon supersede those characteristics which have thus far made us look with so much pride and confidence to the State Governments as the main stay of our union and liberties. The State Legislatures, instead of studying to restrict their State expenditures to the smallest possible sum, will claim credit for their profusion, and harass the General Government for increased supplies. Practically, there would soon be but one taxing power, and that vested in a 0014 14 body of men far removed from the people, in which the farming and mechanic interests would scarcely be represented. The States would gradually lose their purity as well as their independence; they would not dare to murmur at the proceedings of the General Government, lest they should lose their supplies; all would be merged in a practical consolidation, cemented by wide-spread corruption, which could only be eradicated by one of those bloody revolutions which occasionally overthrow the despotic systems of the old world.

In all the other aspects in which I have been able to look at the effect of such a principle of distribution upon the best interests of the country, I can see nothing to compensate for the disadvantages to which I have adverted. If we consider the protective duties, which are, in a great degree, the source of the surplus revenue, beneficial to one section of the Union and prejudicial to another, there is no corrective for the evil in such a plan of distribution. On the contrary, there is reason to fear that all the complaints which have sprung from this cause would be aggravated. Every one must be sensible that a distribution of the surplus must beget a disposition to cherish the means which create it; and any system, therefore, into which it enters, must have a powerful tendency to increase rather than diminish the tariff. If it were even admitted that the advantages of such a system could be made equal to all the sections of the Union, the reasons already so urgently calling for a reduction of the revenue would, nevertheless, lose none of their force; for it will always be improbable that an intelligent and virtuous community can consent to raise a surplus for the mere purpose of dividing it, diminished, as it must inevitably be, by the expenses of the various machinery necessary to the process.

The safest and simplest mode of obviating all the difficulties which have been mentioned is, to collect only revenue enough to meet the wants of the Government, and let the people keep the balance of their property in their own hands, to be used for their own profit. Each State will then support its own Government, and contribute its due share towards the support of the General Government. There would be no surplus to cramp and lessen the resources of individual wealth and enterprise, and the banks would be left to their ordinary means. Whatever agitations and fluctuations might arise from our unfortunate paper system, they could never be attributed, justly or unjustly, to the action of the Federal Government. There would be some guaranty that the spirit of wild speculation which seeks to convert the surplus revenue into banking capital, would be effectually checked, and that the scenes of demoralization which are now so prevalent through the land would disappear.

Without desiring to conceal that the experience and observation of the last two years have operated a partial change in my views upon this interesting subject, it is nevertheless regretted that the suggestions made by me, in pay annual messages of 1829 and 1830, have been greatly misunderstood. At that time, the great st struggle was begun against that latitudinarian construction of the constitution which authorizes the unlimited appropriation of the revenues of the Union to internal improvements within the states, tending to invest in the hands, and place under the control, of the General Government, all the principal roads and canals of the country, 0015 15 in violation of State rights, and in derogation of State authority. At the same time, the condition of the manufacturing interest was such as to create an apprehension that the duties on imports could not, without extensive mischief, be reduced in season to prevent the accumulation of a considerable surplus after the payment of the national debt. In view of the dangers of such a surplus, and, in preference to its application to internal improvements, in derogation of the rights and powers of the States, the suggestion of an amendment of the constitution to authorize its distribution was made. It was an alternative for what were deemed greater evils—a temporary resort to relieve an overburdened Treasury, until the Government could; without a sudden and destructive revulsion in the business of the country, gradually return to the just principle of raising no more revenue from the people, in taxes, than is necessary for its economical support. Even that alternative was not spoken of but in connexion with an amendment of the constitution. No temporary inconvenience can justify the exercise of a prohibited power, or a power not granted by that instrument; and it was from a conviction that the power to distribute even a temporary surplus of revenue is of that character, that it was suggested only in connexion with an appeal to the source of all legal power in the General Government—the States which have established it. No such appeal has been taken, and, in my opinion, a distribution of the surplus revenue by Congress, either to the States or the people, is to be considered as among the prohibitions of the constitution. As already intimated, my views have undergone a change, so far as to be convinced that no alteration of the constitution in this, respect is wise or expedient. The influence of an accumulating surplus upon the legislation of the General Government and the States, its effect upon the credit system of the country, producing dangerous extensions and ruinous contractions, fluctuations in the price of property, rash speculation, idleness, extravagance, and a deterioration of morals, have taught us the important lesson, that any transient mischief which may attend the reduction of our revenue to the wants of our Government is to be borne in preference to an overflowing Treasury.

I beg leave to call your attention to another Subject intimately associated with the preceding one—the currency of the country.

It is apparent, from the whole context of, the constitution, as well as the history of the times which gave birth to it, that it was the purpose of the convention to establish a currency, consisting of the precious metals. These, from their peculiar properties, which rendered them the standard of value in all other countries, were adopted in this, as well to establish its commercial standard, in reference to foreign countries, by a permanent rule, as to exclude the use of a mutable medium of exchange, such as of certain agricultural commodities, recognised the statutes of some States as a tender for debts, or the still more pernicious expedient of a paper currency. The last, from the experience of the evils of the issues of paper during the Revolution, had become so justly obnoxious as not only to suggest the clause in the constitution for bidding the emission of bills of credit by the States, but also to produce that vote in the convention which negatived the proposition to grant power to Congress to charter corporations; a proposition a the understood at the time as intended to, authorize the establishment of a national bank, which was to 0016 16 issue a currency of bank notes, on a capital to be created to some extent out of Government stocks. Although this proposition was refused by a direct vote of the convention, the object was afterwards in effect obtained by its ingenious advocates, through a strained construction of the constitution. The debts of the Revolution were funded, at prices which formed no equivalent compared with the nominal amount of the stock, and under circumstances which exposed the motives of some of those who participated the passage of the act to distrust.

The facts that the value of the stock was greatly enhanced by the creation of the bank; that it was well understood that such would be the case, and that some of the advocates of the measure were largely benefited by it, belong to the history of the times, and are well calculated to diminish the respect which might otherwise have been due to the action of the Congress which created the institution.

On the establishment of a national bank, it became the interest of its creditors that gold should be superseded by the paper of the bank as a general currency. A value was soon attached to the gold coins, which made their exportation to foreign countries as a mercantile commodity more profitable than their retention and use at home as money. It followed as a matter of course, if not designed by those who established the bank, that the bank became, in effect, a substitute for the mint of the United States.

Such was the origin of a national bank currency, and such the beginning of those difficulties which now appear in the excessive issues of the banks incorporated by the various States.

Although it may not be possible, by any legislative means within our power, to change at once the system which has thus been introduced, and has received the acquiescence of all portions of the country, it is certainly our duty to do all that is consistent with our constitutional obligations in preventing the mischiefs which are threatened by its undue extension. That the efforts of the fathers of our Government to guard against it by a constitutional provision were founded on an intimate knowledge of the subject, has been frequently attested by the bitter experience of the country. The same causes which led them to refuse their sanction to a power authorizing the establishment of incorporations for banking purposes, now exist in a much stronger degree to urge us to exert the utmost vigilance in calling into action the means necessary to correct the evils resulting from the unfortunate exercise of the power; and it is to be hoped that the opportunity for effecting this great good will be improved before the country witnesses new scenes of embarrassment and distress.

Variableness must ever be the characteristic of a currency of which the precious metals are not the chief ingredient, or which can be expanded or contracted without regard to the principles that regulate the value of those metals as a standard in the general trade of the world. With us bank issues constitute such a currency, and must ever do so until they are made dependent on those just proportions of gold and silver, as a circulating medium, which experience has proved to be necessary, not only in this but in all other commercial countries. Where those proportions are not infused into the circulation, and do not control it, it is manifest that prices must vary according to the tide of bank issues, and 0017 17 the value and stability of property must stand exposed to all the uncertainty which attends the administration of institutions that are constantly liable to the temptation of an interest distinct from that of the community in which they are established.

The progress of an expansion, or rather a depreciation of the currency, by excessive bank issues, is always attended by a loss to the laboring classes. This portion of the community has neither time nor opportunity to watch the ebbs and flows of the money market. Engaged from day to day in their useful toils, they do not perceive that although their wages are nominally the same, or even somewhat higher, they are greatly reduced, in fact, by the rapid increase of a spurious currency, which, as it appears to make money abound, they are at first inclined to consider a blessing. It is not so with the speculator, by whom this operation is better understood, and is made to contribute to his advantage. It is not until the prices of the necessaries of life become so dear that the laboring classes cannot supply their wants out of their wages, that the wages rise, and gradually reach a justly-proportioned rate to that of the products of their labor. When thus, by the depreciation in consequence of the quantity of paper in circulation, wages as well as prices become exorbitant, it is soon found that the whole effect of the adulteration is a tariff on our home industry for the benefit of the countries where gold and silver circulate and maintain uniformity, and moderation in prices. It is then perceived that the enhancement of the price of land and labor produces a corresponding increase in the price of products, until these products do not sustain a competition with similar ones in other countries,and thus both manufactured and agricultural productions cease to bear exportation from the country of the spurious currency, because they cannot be sold for cost. This is the process by which specie is banished by the paper of the banks. Their vaults are soon exhausted to pay for foreign commodities. The next step is a stoppage of specie payment; a total degradation of paper as a currency; unusual depression of prices; the ruin of debtors, and the accumulation of property in the hands of creditors and cautious capitalists.

It was in view of these evils, together with the dangerous power wielded by the Bank of the United States, and its repugnance to our constitution, that I was induced to exert the power conferred upon me by the American people to prevent the continuance of that institution. But, although various dangers to our republican institutions have been obviated by the failure of that bank to extort from, the Government a renewal of its charter, it is obvious that little has been accomplished, except a salutary change of public opinion, towards restoring to the country the sound currency provided for in the constitution. In the acts of several of the States prohibiting the circulation of small notes, and the auxiliary enactments of Congress at the last session, forbidding their reception or payment on public account, the true policy of the country, has been advanced, and a larger portion of the precious metals infused into our circulating medium. These measures will probably be followed up in due time by the enactment of State laws, banishing from circulation bank notes of still higher denominations; and the object may be materially promoted by further acts of Congress, forbidding the employment, as fiscal 2 0018 18 agents, of such banks as continue to issue notes of low denominations, and throw impediments in the way of the circulation of gold and silver.

The effects of an extension of bank credits and over-issues of bank paper have been strikingly illustrated in the sales of the public lands. From the returns made by the various registers and receivers in the early part of last summer, it was perceived that the receipts arising from the sales of the public lands were increasing to an unprecedented amount. In effect, however, these receipts amounted to nothing more than credits in bank. The banks lent out their notes to speculators; they were paid to the receivers, and immediately returned to the banks, to be lent out again and again, being mere instruments to transfer to speculators the most valuable public land, and pay the Government by a credit on the books of the banks. Those credits on the books of some of the Western banks, usually called deposites, were already greatly beyond their immediate means of payment, and were rapidly increasing. Indeed, each speculation furnished means for another: for no sooner had one individual or company paid in the notes, than they were immediately lent to another for a like purpose; and the banks were extending their business and their issues so largely as to alarm considerate men, and render it doubtful whether these bank credits, if permitted to accumulate, would ultimately be of the least value to the Government. The spirit of expansion and speculation was not confined to the deposite banks, but pervaded the whole multitude of banks throughout the Union, and was giving rise to new institutions to aggravate the evil.

The safety of the public funds, and the interest of the people generally, required that these operations should be checked, and it became the dray of every branch of the General and State Governments to adopt all legitimate and proper means to produce that salutary effect. Under this view of my duty, I directed the issuing of the order which will be laid before you by the Secretary of the Treasury, requiring payment for the public lands sold to be made in specie, with an exception until the fifteenth of the present month in favor of actual settlers. This measure has produced many salutary consequences. It checked the career of the Western banks, and gave them additional strength in anticipation of the pressure which has since pervaded our Eastern as well as the European commercial cities. By preventing the extension of the credit system, it measurably cut off the means of speculation, and retarded its progress in monopolizing the most valuable of the public lands. It has tended to save the new States from a non-resident proprietorship, one of the greatest obstacles to the advancement of a new country and the prosperity of an old one. It has tended to keep open the public lands for entry by emigrants, at Government prices, instead of their being compelled to purchase of speculators at double or triple prices; and it is conveying into the interior large sums in silver and gold, there to enter permanently into the currency of the country, and place it on a firmer foundation. It is confidently believed that the Country will find, in the motives which induced that order, and the happy consequences which will have ensued, much to commend, and nothing to condemn.

It remains for Congress, if they approve the policy which dictated this order, to follow it up in its various bearings. Much good, in my judgment, would be produced by prohibiting sales of the public lands, 0019 19 except to actual, settlers, at a reasonable reduction of price, and to limit the quantity which shall be sold to them, Although it is believed the General Government never ought to receive any thing but the constitutional currency in exchange for the public lands, that point would be of less importance if the lands were sold for immediate settlement and cultivation. Indeed there is scarcely a mischief arising out of our present land system, including the accumulating surplus of revenues, which would not be remedied at once by a restriction on land sales to actual-settlers; and it promises other advantages to the country in general, and to the new states in particular, which cannot tail to receive the most profound consideration of Congress.

Experience continues to realize the expectations entertained as to the capacity of the State banks to perform the duties of fiscal agents for the Government, at the time of the removal of the deposites. It was alleged, by the advocates of the Bank of the United States that the State banks, whatever might be the regulations of the Treasury Department, could not make the transfers required by the Government, or negotiate the domestic exchanges of the country. It is now well ascertained that the real domestic exchanges, performed through discounts, by the United States Bank and its twenty-five branches, were at least one-third less than those of the deposite banks for an equal period of time; and if a comparison be instituted between the amounts of service rendered by these institutions, on the broader basis which has been used by the advocates of the United States Bank, in estimating what they consider the domestic exchanges transacted by it, the result will be still more favorable to the deposite banks.

The whole amount of public money transferred by the Bank of the United states in 1832, was $16,000,000. The amount transferred and actually paid by the deposite banks in the year ending the 1st of October last, was $39,319,899; the amount transferred and paid between that period and the 6th of November, was $5,399,000; and the amount of transfer warrants outstanding on that day, was $14,450,000; making an aggregate of $59,168,894. These enormous sums of money first mentioned have been transferred with the greatest promptitude and regularity; and the rates at which the exchanges have been negotiated previously to the passage of the deposite act were generally below those charged by the Bank of the United States. Independently of these services, which are far greater than those rendered by the United States Bank and its twenty-five branches, a number of the deposite banks have, with a commendable zeal to aid in the improvement of the currency, imported from abroad, at their own expense, large sums of the precious metals for coinage and circulation.

In the same manner have nearly all the predictions turned out in respect to the effect of the removal of the deposites—a step unquestionably necessary to prevent the evils which it was foreseen the hank itself, would endeavor to create in a final struggle to procure a renewal of its charter. It may be thus, too, in some degree, with the further steps which may be taken to prevent the excessive issue of other bank paper; but it is to be hoped that nothing will now deter the Federal and State authorities rein the firm and vigorous performance of their duties to themselves and to the people in this respect.

0020 20

In reducing the revenue to the wants of the Government, your particular attention is invited to those articles which constitute the necessaries of life. The duty on salt was laid as a war tax, and was no doubt continued to assist in providing for the payment of the war debt. There is no article the release of which from taxation would be felt so generally and so beneficially. To this may be added all kinds of fuel and provisions. Justice and benevolence unite in favor of releasing the poor of our cities from burdens which are not necessary to the support of our Government, and tend only to increase the wants of the destitute.

It will be seen by the report of the Secretary of the Treasury, and the accompanying documents, that the Bank of the United States has made no payment on account of the stock held by the Government in that institution, although urged to pay any portion which might suit its convenience, and that it has given no information when payment may be expected. Nor, although repeatedly requested, has it furnished the information in relation to its condition, which Congress authorized the Secretary to collect at their last session. Such measures as are within the power of the Executive have been taken to ascertain the value of the stock, and procure the payment as early as possible.

The conduct and present condition of that bank, and the great amount of capital vested in it by the United States, require your careful attention. Its charter expired on the third day of March last, and it has now no power but that given in the 21st section, “to use the corporate name, style, and capacity, for the purpose of suits, for the final settlement and liquidation of the affairs and accounts of the corporation, and for the sale and disposition of their estate, real, personal, and mixed, but not for any other purpose, or in any other manner whatsoever, nor for a period exceeding two years after the expiration of the said term of incorporation. Before the expiration of the charter, the stockholders of the bank obtained an act of incorporation from the Legislature of Pennsylvania, excluding only the United States.

Instead of proceeding to wind up their concerns, and pay over to the United States the amount due on account of the stock held by them, the president and directors of the old bank appear to have transferred the books, papers, notes, obligations, and most or all of its property, to this new corporation, which entered upon business as a continuation of the old concern. Amongst other acts of questionable validity, the notes of the expired corporation are known to have been used as its own, and again put in circulation. That the old bank had no right to issue or re-issue its notes after the expiration of its charter, cannot be denied; and that it could not confer any such right on its substitute, any more than exercise it itself, is equally plain. In law and honesty, the notes of the bank in circulation, at the expiration of its charter, should have been called in by public advertisement, paid up as presented, and, together with those on hand, cancelled and destroyed. Their re-issue is sanctioned by no law, and warranted by no necessity. If the United States be responsible in their Stock for the payment of these notes, their re-issue by the new corporation, for their own profit, is a fraud on the Government. If the United States is not responsible, then there is no legal responsibility in any quarter, and it is a fraud on the country. They are the redeemed notes of a dissolved partnership, but, contrary to the wishes 0021 21 of the retiring partner and without his consent, are again re-issued and circulated.

It is the high and peculiar duty of Congress to decide whether any further legislation be necessary for the security of the large amount of public property now held and in use by the new bank, and for vindicating the rights of the Government, and compelling a speedy and honest settlement with all the creditors of the old bank, public and private, or whether the subject shall be left to the power now possessed by the Executive and Judiciary. It remains to be seen whether the persons, who, as managers of the old bank, undertook to control the Government, retained the public dividends, shut their doors upon a committee of the House of Representatives, and filled the country with panic to accomplish their own sinister objects, may now, as managers of a new bank, continue with impunity to flood the country with a spurious currency, use the seven millions of Government stock for their own profit, and refuse to the United States all information as to the present condition of their own property, and the prospect of recovering it into their own possession.

The lessons taught by the Bank of the United States cannot well be lost upon the American people. They will take care never again to place so tremendous a power in irresponsible hands; and it will be fortunate if they seriously consider the consequences which are likely to result on a smaller scale from the facility with which corporate powers are granted by their State Governments.

It is believed that the law of the last session regulating the deposite banks, operates onerously and unjustly upon them in many respects; and it is hoped that Congress, on proper representations, will adopt the modifications which are necessary to prevent this consequence.

The report of the Secretary of War ad interim , and the accompanying documents, all which are herewith laid before you, will give you a full view of the diversified and important operations of that Department during the past year.

The military movements rendered necessary by the aggressions of the hostile portions of the Seminole and Creek tribes of Indians, and by other circumstances, have required the active employment of nearly our whole regular force, including the marine corps, and of large bodies of militia and volunteers. With all these events, so far as they were known at the seat of Government before the termination of your last session, you are already acquainted; and it is therefore only needful in this place to lay before you a brief summary of what has since occurred.

The war with the Seminoles during the summer was, on our part, chiefly confined to the protection of our frontier settlements from the incursions of the enemy; and, as a necessary and important means for the accomplishment of that end, to the maintenance of the posts previously established. In the course of this duty several actions took place, in which the bravery and discipline of both officers and men were conspicuously displayed, and which I have deemed it proper to notice in respect to the former, by the granting of brevet rank for gallant services in the field. But as the force of the indians was not so far weakened by these partial successes as to lead them to submit, and as their savage inroads were frequently repeated, early measures were taken for placing at the disposal of Governor Call, who, as commander-in-chief of the territorial 0022 22 militia, had been temporarily invested with the command, an ample force, for the purpose of resuming offensive operations in the most efficient manner, so soon as the season should permit. Major General Jesup was also directed, on the conclusion of his duties in the Creek country, to repair to Florida, and assume the command.

The result of the first movement made by the forces under the direction of Governor Call, in October last, as detailed in the accompanying papers, excited much surprise and disappointment. A full explanation has been required of the causes which led to the failure of that movement, but has not yet been received. In the mean time, as it was feared that the health of Governor Call, who was understood to have suffered much from sickness, might not be adequate to the crisis, and as Major General Jesup was known to have reached Florida, that officer was directed to assume the command, and to prosecute all needful operations with the utmost promptitude and vigor. From the force at his disposal, and the dispositions he has made and is instructed to make, and from the very efficient measures which it is since ascertained have been taken by Governor Call, there is reason to hope that they will soon be enabled to reduce the enemy to subjection. In the mean time, as you will perceive from the report of the Secretary, there is urgent necessity for further appropriations to suppress these hostilities.

Happily for the interests of humanity, the hostilities with the Creeks were brought to a close soon after your adjournment, without that effusion of blood which at one time was apprehended as inevitable. The unconditional submission of the hostile party was followed by their speedy removal to the country assigned them west of the Mississippi. The inquiry as to alleged frauds in the purchase of the reservations of these Indians, and the causes of their hostilities, requested by the resolution of the House of Representatives of the 1st of July last, to be made by the President, in now going on, through the agency of commissioners appointed for that purpose. Their report may be expected during your present session.

The difficulties apprehended in the Cherokee country have been prevented, and the peace and safety of that region and its vicinity effectually secured, by the timely measures taken by the War Department, and still continued.

The discretionary authority given to General Gaines to cross the Sabine, and to occupy a position as far west as Nacogdoches, in case he should deem such a step necessary to the protection of the frontier, and to the fulfilment of the stipulations contained in our treaty with Mexico, and the movement subsequently made by that officer, have been alluded to in a former part of this message. At the date of the latest intelligence from Nacogdoches, our troops were yet at that station; but the officer who has succeeded General Gaines has recently been advised that, from the facts known at the seat of Government, there would seem to be no adequate cause for any longer maintaining that position; and he was accordingly instructed, in case the troops were not already withdrawn under the discretionary powers before possessed by him, to give the requisite orders for that purpose, on the receipt of the instructions, unless he shall then have in his possession such information as shall satisfy him that the maintenance, of the post is essential to the protection of our frontiers, 0023 23 and to the due execution of our treaty stipulations, as previously explained to him.

Whilst the necessities existing during the present year, for the service of militia and volunteers, have furnished new proofs of the patriotism of our fellow-citizens, they have also strongly illustrated the importance of an increase in the rank and file of the regular army. The views of this subject, submitted by the Secretary of War, in his reports meet my entire concurrence, and are earnestly commended to the deliberate attention of Congress. In this connexion, it is also proper to remind you that the defects in our present militia system are every day rendered more apparent. The duty of making further provision by law, for organizing, arming, and disciplining this arm of defence, has been so repeatedly presented to Congress by myself and my predecessors, that deem it sufficient, on this occasion, to refer to the last annual message, and to former Executive communications in which the subject has been discussed.

It appears from the reports of the officers charged with mustering into service the volunteers called for under the act of Congress of the last session, that more presented themselves at the place of rendezvous in Tennessee, than were sufficient to meet the requisition which had been made by the Secretary of War upon the Governor of that State. This was occasioned by the omission of the Governor to apportion the requisition to the different regiments of militia, so as to obtain the proper number of troops, and no more. It seems but just to the patriotic citizens who repaired to the general rendezvous, under circumstances authorizing them to believe that their services were needed, and would be accepted, that the expenses incurred by them, while absent from their homes, should be paid by the Government. I accordingly recommend that a law to this effect be passed by Congress, giving them a compensation which will cover their expenses on the march to and from the place of rendezvous, and while there; in connexion with which, it will also be proper to make provision for such other equitable claims, growing out of the service of the militia, as may not be embraced in the existing laws.

On the unexpected breaking out of hostilities in Florida, Alabama, and Georgia, it became necessary, in some cases, to take the property of individuals for public use. Provision should be made by law for indemnifying the owners; and I would also respectfully suggest whether some provision may not be made, consistently with the principles of our government, for the relief of the sufferers by Indian depredations, or by the operations of our own troops.

No time was lost, after the making of the requisite appropriations, in resuming the great national work of completing the unfinished fortifications on our seaboard, and of placing them in a proper state of defence. In consequence, however, of the very late day at which those bills were passed, but little progress could be made during the season which has just dosed. A very large amount of the moneys granted at your last session accordingly remains unexpended; but as the work will be again resumed at the earliest moment in the coming spring, the balance of the existing appropriations, and in several cases which will be laid before you, with the proper estimates, further sums for the like objects, may be usefully expended during the next year.

The recommendations of an increase in the Engineer corps, and for a 0024 24 reorganization of the Topographical corps, submitted to you In my last annual message, derive additional strength from the great embarrassments experienced, during the present year, in those branches of the service, and under which they now suffering. Several of the most important surveys and constructions, directed by recent laws, have been suspended, in consequence of the want of adequate force in these corps.

The like observations may be applied to the Ordnance corps and to the General Staff, the operations of which, as they are now organized, must either be frequently interrupted, or performed by officers taken from the line of the army, to the great prejudice of the service.

For a general view of the condition of the Military Academy, and of other branches of the military service not already noticed, as well as for fuller illustrations of those which have been mentioned, I refer you to the accompanying documents; and among the various proposals contained therein, for legislative action, I would particularly notice the suggestion of the Secretary of War for the revision of the pay of the army, as entitled your favorable regard.

The national, policy, founded alike in interest and in humanity, so long and so steadily pursued by this Government, for the removal of the Indian tribes orginally settled on this side of the Mississippi, to the west of that river, may be said to have been consummated by the conclusion of the late treaty with the Cherokees. The measures taken in the execution of that treaty, and in relation to our Indian affairs generally, will fully appear by referring to the accompanying papers. Without dwelling on the numerous and important topics embraced in them, I again invite your attention to the importance of providing a well-digested and comprehensive system for the protection, supervision, and improvement of the various tribes now planted in the Indian country. The suggestions submitted by the Commissioner of Indian Affairs, and enforced by the Secretary, on this subject, and also in regard to the establishment of additional military posts in the Indian country, are entitled to your profound consideration. Both measures are necessary, for the double purpose of protecting the Indians from intestine war, and in other respects complying with out engagements to them, and of securing our Western frontier against incursions which otherwise will assuredly be made on it. The best hopes of humanity in regard to the aboriginal race, the welfare of our rapidly-extending settlements, and the honor of the United States, are all deeply involved in the relations existing between this Government and the emigrating tribes. I trust, therefore, that the various matters submitted in the accompanying documents, in respect to those relations, will receive your early and mature deliberation; and that it may issue in the adoption of legislative measures adapted to the circumstances and duties of the present crisis.

You are referred to the report of the Secretary of the Navy for a satisfactory view of the operations of the Department under his charge during the present year. In the construction of vessels at the different navy yards, and in the employment of our ships and squadrons at sea, that branch of the service has been actively and usefully employed. While the situation of our commercial interests in the West Indies required a greater number than usual of armed vessels to be kept on that station, it is gratifying to perceive that the protection due to our commerce in other 0025 25 quarters of the world has not proved insufficient. Every effort has been made to facilitate the equipment of the exploring expedition authorized by the act of the last session, but all the preparation necessary to enable it to sail has not yet been completed. No means will be spared by the Government to fit out the expedition on a scale corresponding with the liberal appropriations for the purpose, and with the elevated character of the objects which are to be effected by it.

I beg leave to renew the recommendation made in my last annual message respecting the enlistment of boys in our naval service, and to urge upon your attention the necessity of further appropriations to increase the number of ships afloat, and to enlarge generally the capacity and force of the navy. The increase of our commerce, and our position in regard to the other Powers of the world, will always make it our policy and interest to cherish the great naval resources of our country.

The report of the Postmaster General presents a gratifying picture of the condition of the Post Office Department. Its revenues for the year ending the 30th June last, were $3,398,455 19, showing an increase of revenue over that of the preceding year of $404,878 53, or more than thirteen per cent. The expenditures for the same year were $2,755,623 76, exhibiting a surplus of $642,831 43. The Department has been redeemed from embarrassment and debt; has accumulated a surplus exceeding half a million of dollars; has largely extended, and is preparing still further to extend the mail service, and recommends a reduction of postages equal to about twenty per cent. It is practising upon the great principle which should control every branch of our Government, of rendering to the public the greatest good possible, with the least possible taxation to the people.

The scale of postages suggested by the Postmaster General, recommends itself, not only by the reduction it proposes, but by the simplicity of its arrangement, its conformity with the federal currency, and the improvement it will introduce into the accounts of the Department and its agents.

Your particular attention is invited to the subject of mail contracts with railroad companies. The present laws providing for the making of contracts are based upon the presumption that competition among bidders will secure the service at a fair price. But on most of the railroad lines there is no competition in that kind of transportation, and advertising is therefore useless. No contract can now be made with them, except such as shall be negotiated before the time of offering or afterwards, and the power of the Postmaster General to pay them high prices is, practically, without limitation. It would be a relief to him, and no doubt would conduce to the public interest, to prescribe by law some equitable basis upon which such contracts shall rest, and restrict him by a fixed rule of allowance. Under a liberal act of that sort, he would undoubtedly be able to secure the services of most of the railroad companies, and the interest of the Department would be thus advanced.

The correspondence between the people of the United States and the European nations, and particularly with the British islands, has become very extensive, and requires the interposition of Congress to give it security. No obstacle is perceived to an interchange of mails between New York and Liverpool, or other foreign ports, as proposed by the 0026 26 Postmaster General. On the contrary, it promises, by the security it will afford, to facilitate commercial transactions, and give rise to an enlarged intercourse among the people of different nations, which cannot but have a happy effect. Through the city of New York most of the correspondence between the Canadas and Europe is now carried on, and urgent representations have been received from the head of the Provincial Post Office, asking the interposition of the United States to guard it from the accidents and losses to which it is now subjected. Some legislation appears to be called for, as well by our own interest, as by comity to the adjoining British provinces.

The expediency of providing a fire-proof building for the important books and papers of the lost Office Department is worthy of consideration. In the present condition of our Treasury it is neither necessary nor wise to leave essential public interests exposed to so much danger, when they can so readily be made secure. There are weighty considerations in the location of a new building for that Department, in favor of placing it near the other Executive buildings.

The important subjects of a survey of the coast, and the manufacture of a standard of weights and measures for the different custom-houses, have been in progress for some years, under the general direction of the Executive, and the immediate superintendence of a gentleman possessing high scientific attainments. At the last session of Congress, the making of a set of weights and measures for each State in the Union, was added to the others by a joint resolution.

The care and correspondence, as to all these subjects, have been devolved on the Treasury Department during the last year. A special report from the Secretary of the Treasury will soon be communicated to Congress, which will show what has been accomplished as to the whole, the number and compensation of the persons now employed in these duties, and the progress expected to be made during the ensuing year, with a copy of the various correspondence deemed necessary to throw light on the subjects which seem to require additional legislation. Claims have been made for retrospective allowances in behalf of the superintendent and some of his assistants, which I did not feel justified in granting; other claims have been made for large increases in compensation, which, under all the circumstances of the several cases, I declined making without the express sanction of Congress. In order to obtain that sanction, the subject was, at the last session, on my suggestion, and by request of the immediate superintendent, submitted by the Treasury Department to the Committee on Commerce of the House of Representatives. But no legislative action having taken place, the early attention of Congress is now invited to the enactment of some expressed and detailed provisions in relation to the various claims made for the past, and to the compensation and allowances deemed proper for the future.

It is further respectfully recommended that, such being the inconvenience of attention to these duties by the Chief Magistrate, and such the great pressure of business on the Treasury Department, the general supervision of the coast survey, and the completion of the weights and measures, if the works are kept united, should be devolved on a board of officers organized specially for that propose, or on the Navy Board attached to the Navy Department.

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All my experience and reflection confirm the conviction I have so often expressed to Congress in favor of an amendment of the constitution which wild prevent, in any event, the election of the President and Vice President of the United States devolving on the House of Representatives and the Senate; and I therefore beg leave again to solicit your attention to the subject. There were various other suggestions in my last annual message not acted upon, particularly that relating to the want of uniformity in the laws of the District of Columbia, that are deemed worthy of your favorable consideration.

Before concluding this paper, I think it due to the various Executive Departments to hear testimony to their prosperous condition, and to the ability and integrity with which they have been conducted. It has been my aim to enforce in all of them a vigilant and faithful discharge of the public business, and it is gratifying to me to believe that there is, no just cause of complaint from any quarter, at the manner in which they have fulfilled the objects of their creation.

Having now finished the observations deemed proper on this, the last occasion I shall have of communicating with the two Houses of Congress at their meeting, I cannot omit an expression of the gratitude which is due to the great body of my fellow-citizens, in whose partiality and indulgence have found encouragement and support, in the many difficult and trying scenes through which it has been my lot to pass during my public career. Though deeply sensible that my exertions have not been crowned with a success corresponding to the degree of favor bestowed upon me, I am sure that they will be considered as having been directed by an earnest desire to promote the good of my country; and I am consoled by the persuasion that whatever errors have been committed will find a corrective in the intelligence and patriotism of those who will succeed us. All that has occurred during my administration is calculated to inspire me with increased confidence in the stability of our institutions; and should I be spared to enter upon that retirement which is so suitable to my age and infirm health, and so much desired by me in other respects, I shall not cease to invoke that beneficent Being, to whose providence we are already so signally indebted, for the continuance of his blessings on our beloved country.

ANDREW JACKSON.

Washington , 5 th December , 1836.

The message was read; and,

On motion by Mr. Grundy,

Ordered , That 5,000 copies of the message, and 1,500 copies of the documents accompanying it, be printed for the use of the Senate.

The Vice President communicated letters from the Secretary of the Treasury, transmitting—

I. His annual report on the state of the finances of the United States, prepared in obedience to the “Act supplementary to the act to establish the Treasury Department.”

II. The annual report of the Commissioner of the General Land Office, showing the operations of that office for the past year.

On motion by Mr. Hubbard,

Ordered , That they be printed, and that 1,500 extra copies, of each be sent to the Senate.

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Mr. Kent announced the death of the honorable Robert H. Goldsborough , late a Senator from the State of Maryland, which took place during the recess of Congress.

On motion by Mr. Kent,

Resolved, unanimously , That the members of the Senate, from a sincere desire of showing every mark of respect due to the memory of the honorable Robert H. Goldsborough, deceased, late a member thereof, will go into mourning for one month, by the usual mode of wearing crape round the left arm.

On motion by Mr. Kent,

The Senate then adjourned.

WEDNESDAY, December 7, 1836. Link to Annals.

The honorable Bedford Brown , from the State of North Carolina, and the honorable Robert Carter Nicholas , from the State of Louisiana, severally attended.

The Vice President communicated reports from the Secretary of the Treasury, showing—

I. The moneys which have been paid on contracts, or advanced to disbursing officers, out of appropriations made at the last session of Congress, for the civil and diplomatic expenses of Government, so far as they belong to the offices of the First and Fifth Auditors, or are connected particularly with the Treasury Department; prepared in obedience to a resolution of the Senate of the 1st of July last.

II. The investments that have been made, in pursuance of treaty stipulations, for the benefit of the Chickasaw Indians; prepared in obedience to the act of the 20th of April last, upon that subject.

The Vice President also communicated reports of the Secretary of the Treasury, respecting—

I. The deportation of paupers from Great Britain and other places, the countries to which such persons are sent, where landed, and what provision, if any, is made for their future support; prepared in obedience to a resolution of the Senate of the 4th of July last.

II. The points or places in which it may be most expedient or necessary to establish marine hospitals for the relief of sick and disabled seamen; prepared in obedience to a resolution of the Senate of the 15th of June last.

The Vice President communicated a letter from the Treasurer of the United States, with copies of his accounts for the third and fourth quarters of 1835 and the first and second quarters of 1836, in compliance with the act of 1789, establishing the Treasury Department.

The communications from the Secretary of the Treasury, and the Treasurer of the United States, were read; and

Ordered , That they be printed.

The following written messages were received from the President of the United States, by Mr. Andrew Jackson, Jr., his Secretary:

To the Senate and House of Representatives:

I transmit herewith to Congress, copies of my correspondence with Mrs. Madison, produced by the resolution adopted at the last session by the Senate and House of Representatives, on the decease of her venerated 0029 29 husband. The occasion seems to be appropriate to present a letter from her on the subject of the publication of a work of great political interest and ability, carefully prepared by Mr. Madison's own hand, under circumstances that give it claims to be considered as little less than official.

Congress has already, at considerable expense, published, in a variety of forms, the naked Journals the revolutionary Congress, and of the Convention that formed the Constitution of the United States. I am persuaded that the work of Mr. Madison—considering the author, the subject-matter of it, and the circumstances under which it was prepared, long withheld from the public, as it has been, by those motives of personal kindness and delicacy that gave tone to his intercourse with his fellowmen, until he and all who had been participators with him in the scenes he describes have passed away—well deserves to become the property of the nation, and cannot fail, if published and disseminated at the public charge, to confer the most important of all benefits on the present and every succeeding generation, accurate knowledge of the principles of their Government, and the circumstances under which they were recommended, imbodied in the constitution, for adoption.

ANDREW JACKSON.

December 6, 1836.

To the Senate of the United States:

I transmit to Congress a report from the Commissioner of the Public Buildings showing the progress made in the construction of the public buildings which, by the act of the 4th of July last, the President was authorized to cause to be erected.

ANDREW JACKSON.

The messages were severally read; and

Ordered , That they be printed.

On motion,

The Senate adjourned.

THURSDAY, December 8, 1836. Link to Annals.

The Vice President communicated the following reports, which were severally made in compliance with the second section of the act of the 9th of May, 1836, “making appropriations for the civil and diplomatic expenses of the Government for the year 1836;” viz:

A report of the Secretary of State, with statements of the expenditures during the present year, for incidental and contingent expenses of the Department of State, including the expense of publishing and distributing the laws, for contingent expenses of the northeast executive building, for contingent expenses of foreign intercourse, and for the expenses of all the missions abroad; with a statement of the Commissioner of Patents of the expenditures from the patent fund to the first instant.

A report of the Secretary of War, with statements of the expenditure of the contingent funds the office of the Secretary of War, the northwestern executive building, and the several bureaus and offices of that Department.

A report of the Secretary of the Navy, with statements of the expenditures on account of the contingent expenses of the office of the Secretary of the Navy, and of the office of the Navy Commissioners, for the year ending the 30th day of september last.

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The said reports were severally read; and

Ordered , That they be printed.

The Vice President also communicated a report of the Secretary of War, made in obedience to a resolution of the Senate of the 1st of July last, with statements of the Second and Third Auditors, of moneys which have been paid on contracts, or advances to disbursing officers, out of appropriations made at the last session of Congress.

The said report was read; and

Ordered , That it be printed.

On motion by Mr. King, of Alabama, and by unanimous consent,

Resolved , That the Senate will, on Monday next, at 1 o'clock, proceed to the election of a Secretary of the Senate, in place of Walter Lowrie, resigned.

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

Resolved , That the Senate will, on Monday next, proceed to the appoint of the standing committees.

Agreeably to notice, Mr. King, of Alabama, asked and obtained leave to bring in a bill (No. 1) to amend an act entitled “An act for the better organization of the district courts of the United States within the State of Alabama,” approved 10th March, 1824; which was read.

Ordered , That it pass to a second reading.

Agreeably to notice, Mr. Knight asked and obtained leave to bring in a bill (No. 2) for the relief of Sarah Angel and the other heirs at law of Benjamin King, deceased; and a bill (No. 3) to allow a drawback of duties on imported hemp, when manufactured into cordage and exported; which were severally read.

Ordered , That they pass to a second reading.

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

No. 4. A bill making appropriations for the collection of materials and the purchase of sites, and to commence the construction of certain fortifications, and for other purposes.

No. 5. A bill to increase the present military establishment of the United States.

No. 6. A bill for the relief of the heirs of General William Eaton; which were severally read; and

Ordered , That they pass to a second reading.

Agreeably to notice, Mr. Walker asked and obtained leave to bring in a bill (No. 7) to advance to each of the States of Alabama and Mississippi, one million of dollars, chargeable upon the two per cent, fund of said States, respectively, to be appropriated by said States towards the construction of a railway from Brandon, Mississippi, to Cahaba, Alabama; which was read.

Ordered , That it pass to a second reading.

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

Resolved , That the annual statement of the commerce and navigation of the United States be hereafter printed under the direction of the Secretary of the Treasury, and be communicated in a printed from as soon as possible after the commencement of each stated session of Congress.

On motion by Mr. Benton,

Ordered , That it lie on the table.

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On motion by Mr. Ewing, of Ohio,

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

The Senate then adjourned.

MONDAY, December 12, 1836. Link to Annals.

The honorable Daniel Webster , from the State of Massachusetts, the honorable Nathaniel T. Tallmadge , from the State of New York, and the honorable John Black , from the State of Mississippi, attended.

Mr. Benton presented the petition of the heirs and representatives of the late General William Eaton, praying compensation for services and sacrifices on the coast of Barbary, in the years 1804 and 1805; which was read.

Agreeably to notice, Mr. Robbins asked and obtained leave to bring in a bill (No. 8) for the more equitable administration of the navy pension fund; which was read.

Ordered , That it pass tea second reading.

Agreeably to notice, Mr. Ewing, of Ohio, asked and obtained leave to bring in a resolution (No. 1) to rescind the Treasury order of the 11th day of July, one thousand eight hundred and thirty-six, and to make uniform the currency receivable for the public revenue; which was read,

On motion by Mr. Prentiss,

Ordered , That Jonathan Bean have leave to withdraw his petition and papers on the files of the first session of the twenty-third Congress.

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

No. 9. A bill for the relief of John McCartney.

No. 10. A bill for the relief of William East.

No. 11. A bill for the relief of Samuel Miller.

The said bills were severally read;

Ordered , That they pass to a second reading.

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

No. 12. A bill to establish a foundry; an armory in the West or South-west; arsenals in the States in which none have yet been established; and depots for arms in certain States and Territories.

No. 13. A bill to grant a township of land to the French University of Saint Louis, in the State of Missouri.

The said bills were severally read.

Ordered , That they pass to a second reading.

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

No. 14. A bill to authorize Peter Warner, of Indiana, to purchase a certain half section of land.

No. 15. A bill supplementary to an act entitled “An act to provide for an exchange of lands with the Indians residing in any of the States or Territories, and for their removal west of the river Mississippi,” approved the twenty-eighth of May, eighteen hundred and thirty.

The said bills were severaly read;

Ordered , That they pass to a second reading.

On motion by Mr. Benton,

The Senate, resumed the consideration of the resolution submitted by 0032 32 him on the 8th instant, relative to the statement of commerce and navigation.

On motion by Mr. Knight,

It was amended, by striking out all after the word “Resolved,” and inserting: by the House of Representatives of the United States of America in Congress assembled, That the annual statement of the commerce and navigation of the United States be hereafter printed under the direction of the Secretary of the Treasury, and communicated as soon as possible after the commencement of each stated session of Congress; and that said statement be printed in the same form, and at the same price, as the ordinary printing of the two Houses of Congress.

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

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

Agreeably to the order of the day, the Senate proceeded to the election of a Secretary; and, on counting the ballots, it appeared that Asbury Dickins had a majority of the votes and was duly elected.

Agreeably to the order of the day, the Senate proceeded, by ballot, to the appointment of the standing committees, in conformity with the 33d rule; and,

Ordered , That Mr. Buchanan be the chairman of the Committee on Foreign Relations;

That Mr. Wright be the chairman of the Committee on Finance;

That Mr. King, of Alabama, be the chairman of the Committee on Commerce;

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

That Mr. Morris be the chairman of the Committee on Engrossed Bills;

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

Mr. President: The House of Representatives have passed a resolution for the appointment of a joint committee on the Library of Congress, and have appointed Mr. Patton, Mr. McKeon, and Mr. Pinckney, of the 0033 33 proposed committee on their part; in which they request the concurrence of the Senate.

The said resolution was read.

On motion by Mr. Robbins,

Resolved , That the Senate concur therein.

On motion by Mr. Tipton,

Resolved, unanimously , That, as a testimony of respect for the memory of the honorable George L. Kinnard, late a member of the House of Representatives from the State of Indiana, the Senate will go into mourning by wearing crape on the left arm for thirty days.

On motion by Mr. Hendricks,

The Senate adjourned.

TUESDAY, December 13, 1836. Link to Annals.

The Vice President administered the oath prescribed by law to Asbury Dickins, Secretary of the Senate.

The Vice President communicated a report of the Secretary of the Navy, made in compliance with a resolution of the Senate of the 1st of July, 1836, showing the moneys paid on contracts, or advanced to disbursing officers, for the period therein mentioned; which was read.

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

Resolved , That the Committee on Finance be instructed to inquire into the expediency of abolishing the present copper coinage of the United States, and of substituting therefor a coinage of mixed metal composed of copper and silver, and called in the French mints billon; also, that the said committee inquire into the expediency of directing a gold coin of the value of one dollar to be stamped at the Mint of the United States.

Agreeably to notice, Mr. Benton asked and obtained leave to bring in a bill (No. 16) to grant to the State of Missouri a certain quantity of land for purposes of internal improvement; which was read, and passed to the second reading.

Agreeably to notice, Mr. Grundy asked and obtained leave to bring in a bill (No. 17) supplementary to the act entitled “An act to amend the judicial system of the United States;” which was read, and passed to the second reading.

Agreeably to notice, Mr. Linn asked and obtained leave to bring in a bill (No. 18) for the payment of a debt due to the heirs of Antoine Peltier, which was read and passed to the second reading.

Agreeably, to notice, Mr. Walker asked and obtained leave to bring in a bill (No. 19) for the settlement of the claim of the executrix of Richard W. Meade; which was read, and passed to the second reading.

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

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

The Senate resumed the appointment of the standing committees; and 3

0034 34

Ordered , That Mr. Tallmadge, Mr. King of Georgia, Mr. Clay, and Mr. Rives, be of the committee on Foreign Relations.

Ordered , That Mr. Webster, Mr. Cuthbert, Mr. Nicholas, and Mr. Benton, be of the Committee on Finance.

Ordered , That Mr. Davis, Mr. Linn, Mr. Brown, and Mr. Ruggles, be of the Committee on Commerce.

Ordered , That Mr. Morris, Mr. Black, Mr. Hubbard, and Mr. Preston, be of the Committee on Manufactures.

Ordered , That Mr. Morris, Mr. Kent, Mr. McKean, and Mr. Clay, be of the Committee on Agriculture.

Ordered , That Mr. Preston, Mr. Tipton, Mr. Wall, and Mr. Ewing of Illinois, be of the Committee on Military Affairs.

Ordered , That Mr. Hendricks, Mr. Swift, Mr. Ewing of Illinois, and Mr. Moore, be of the Committee on the Militia.

Ordered , That Mr. Southard, Mr. Tallmadge, Mr. Cuthbert, and Mr. Nicholas, be of the Committee on Naval Affairs.

Ordered , That Mr. Ewing of Ohio, Mr. King of Alabama, Mr. Ruggles, and Mr. Fulton, be of the Committee on Public Lands.

Ordered , That Mr. Porter, Mr. Bayard, Mr. Preston, and Mr. Sevier, be of the Committee on Private Land Claims.

Ordered , That Mr. Swift, Mr. Tipton, Mr. Linn, and Mr. Sevier, be of the Committee of Indian Affairs.

Ordered , That Mr. Tipton, Mr. Prentiss, Mr. Crittenden, and Mr. Ewing of Illinois, be of the Committee of Claims.

Ordered , That Mr. White, Mr. Hubbard, Mr. Crittenden, and Mr. Niles, be of the Committee on Revolutionary Claims.

Ordered , That Mr. Crittenden, Mr. Morris, Mr. King of Georgia, and Mr. Wall, be of the Committee on the Judiciary.

On motion by Mr. Davis,

The Senate adjourned.

WEDNESDAY, December 14, 1836. Link to Annals.

The honorable John C. Calhoun , from the State of South Carolina, attended.

Mr. McKean presented the memorial of a number of importers of hardware of the city of Philadelphia, praying a modification of the tariff act of July 14, 1832.

Mr. Buchanan presented a memorial of a number of umbrella manufacturers and importers of umbrella furniture of the city of Philadelphia, complaining of the operation of the act of Congress imposing duties on imports, approved July 14, 1832, and praying that certain sums paid under that act may be refunded.

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

Mr. Prentiss presented the petition of Moses Strong, and Harriet Strong, his wife, widow of Benjamin W. Hopkins, late of Alabama, praying compensation for the failure, on the part of the United States, to proceed in the construction of a fort at Mobile Point, agreeably to a contract, in their behalf, with Brigadier General Swift, chief engineer.

Mr. Buchanan presented the petition of John Laub, praying compensation for his services as acting Comptroller.

0035 35

Ordered , That these petitions severally referred to the Committee of Claims.

Mr. Hubbard presented the petition of Hy. J. B. Brevoort, of Michigan, praying Compensation for services as a clerk to the board of land commissioners; also, the petition of John Branson, of Michigan, praying compensation for certain goods, the loss of which was occasioned by the impressment of a team while carrying them.

Ordered , That the said petitions be severally referred to the Committee of Claims.

Mr. Benton presented the petition of Benjamin King, an assistant surgeon in the army of the United States, praying compensation for certain expenses to which he has been subjected, in consequence of being ordered to give his medical attendance to officers and soldiers at the United States arsenal in the city of Washington.

Mr. White presented the petition of certain citizens of the county of Jefferson, in Tennessee, praying compensation for military services.

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

Mr. Black presented the petition of Anselm Lynch, praying permission to locate a quantity of land, in lieu of a tract of which he has been deprived in consequence of an inaccurate survey.

Mr. Black presented a memorial of Charles Lynch, praying authority to locate, without payment, a quantity of land, in lieu of a like quantity of which he has been deprived in consequence of a new survey.

Mr. King, of Alabama, presented the petition of Thomas Cannon, praying to be allowed to correct an erroneous entry of a tract, of laid.

Ordered , That the said petitions be severally referred to the Committee on Public Lands.

Mr. Tallmadge presented the petition of Moses Van Campen, praying commutation pay for military services in the revolutionary war.

Mr. Moore presented the petition of James McCrory, praying commutation pay for military services in the revolutionay war.

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

Mr. Linn presented the memorial of John McDonald, of Michigan, asking compensation, in land or money, for property taken by the enemy during the late war; which was referred to the Committee on Private Land Claims.

Mr. King of Georgia, presented the memorial of a number of the citizens of Walker county, in the State of Georgia, praying for the establishment of a post route; which was referred to the Committee on the Post Office and Post Roads.

On motion by Mr. Rives,

Ordered , That the petition of the representatives of Gustavus B. Horner, and the petition of the representatives of Samuel Claggett, on the files of last session, be severally referred to the Committee on Revolutionary Claims.

On motion by Mr. Benton,

Ordered , That the memorial of the representatives of Henry Morfit, on the files of last session, be referred to the Committee on Revolutionary Claims.

0036 36

Mr. Tallmadge presented the petition of William Davis, 3d, praying arrears of pension; which was referred to the Committee on Pensions.

Mr. Davis presented the petition of Hannah Caldwell, widow of the late Lieutenant William M. Caldwell, of the United States navy, praying arrears and augmentation of pension; which was referred to the Committee on Naval Affairs.

The Vice President communicated a report of the Secretary of War, containing the information called for by the resolution of the Senate of the 6th of July, 1836, relative to fortifications, armories, and arsenals; which was read, and ordered to be printed.

Agreeable to notice, Mr. Morris asked and obtained leave to bring in a bill (No. 20) to prohibit the sale of public lands, except to actual settlers; which was read, and passed to the second reading.

Agreeably to notice, Mr. Linn asked and obtained leave to bring in a bill (No. 22) for the relief of the heirs of Nicholas Lachance and Joseph Placy; which was read the first and second times by unanimous consent, and referred to the Committee on the Judiciary.

The resolution yesterday received from the House of Representatives, for the appointment of chaplains, was read.

Resolved , That the Senate concur therein.

On motion by Mr. Rives,

Ordered , That the message of the President of the United States of 7th instant, in relation to a manuscript work of the late James Madison, be referred to the Committee on the Library.

The following bills, viz:

No. 1. A bill to amend an act entitled “An act for the better organization of the district courts of the United States within the State of Alabama,” approved 10th March, 1824;

No. 2. A bill for the relief of Sarah Angel and the other heirs at law of Benjamin King, deceased;

No. 3. A bill to allow a drawback of duties on imported hemp, when manufactured into cordage and exported;

No. 4. A bill making appropriations for the collection of materials, and the purchase of sites, and to commence the construction of certain fortifications, and for other purposes;

No. 5. A bill to increase the present military establishment of the United States;

No. 6. A bill for the relief of the heirs of General William Eaton;

No. 7. A bill to advance to each of the States of Alabama and Mississippi one million of dollars, chargeable upon the two per cent, fund of said States respectively, to be applied by said States towards the construction of a railway from Brandon, Mississippi, to Cahaba, Alabama; were severally read a second time.

Ordered , That the 1st be referred to the Committee on the Judiciary; the 2d, to the Committee on Revolutionary Claims; the 3d, to the Committee on Finance; the 4th, 5th, and 6th, to the Committee on Military Affairs; and the 7th, to the Committee on public Lands.

The Senate resumed the appointment of standing committees; and

Ordered , That Mr. Knight, Mr. Grundy, Mr. Brown, and Mr. Niles, be of the Committee on the Post Office and Post Roads.

Ordered , That Mr. McKean, Mr. Robinson, Mr. Nicholas, and Mr. Page, be of the Committee on Roads and Canals.

0037 37

Ordered , That Mr. Prentiss, Mr. Hubbard, Mr. Morris, and Mr. Sevier, be of the Committee on Pensions.

Ordered , That Mr. King of Alabama, Mr. King of Georgia, Mr. Buchanan, and Mr. Nicholas, be of the Committee on the District of Columbia; and

Ordered , That Mr. Page and Mr. Fulton be the Committee oh Engrossed Bills.

The Senate proceeded to the appointment of the joint committee, on the part of the Senate, who shall have the expenditure of the money appropriated for the Library of Congress; and

Mr. Robbins, Mr. Preston, and Mr. Wall, were appointed.

The Senate resumed the consideration of the resolution to rescind the Treasury order of the 11th day of July, 1836, and to make uniform the currency receivable for the public revenue; and, after debate,

On motion by Mr. Webster,

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

On motion by Mr. Webster,

Ordered , That the Treasury order of the 11th day of July, 1836, be printed.

The resolution (No. 2) directing the prompt publication of the annual statement of commerce and navigation having been reported by the committee correctly engrossed, was read a third time.

Resolved , That this resolution pass.

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

The Senate then adjourned.

THURSDAY, December 15, 1836. Link to Annals.

Mr. Rives presented the credentials of the honorable Richard E. Parker , chosen a Senator by the Legislature of the Commonwealth of Virginia; which were read.

Mr. Brown presented the credentials of the honorable Robert Strange , chosen a Senator by the Legislature of the State of North Carolina, to supply the vacancy occasioned by the resignation of the honorable Willie P. Mangum; which were read.

The honorable Richard E. Parker and the honorable Robert Strange severally attended, and the oath prescribed by law was administered to them, respectively, and they took their seats in the Senate.

Mr. Davis presented the memorial of R. D. Tucker and others, merchants and traders of Boston, praying certain modifications of the tariff act of July 14, 1832; which was referred to the Committee on Finance.

Mr. Webster presented the petition of Thomas H. Perkins and others, surviving partners of J. & H. Perkins and J. & H. Perkins and Sons, praying to be released from the payment of certain duties charged on merchandise imported from Canton in 1820, on the ground of its being the property of aliens.

Mr. Webster presented the memorial of John R. Parker, who claims to be the inventor of the semaphonic telegraph, praying the establishment 0038 38 of a permanent line of telegraphic stations throughout the United States.

Mr. Hendricks presented the petition of a number of merchants of Michigan city, praying that the said city be made a port of entry.

Mr. Hendricks presented a memorial of the Legislature of Indiana, representing the expediency of making the town of Lafayette, in that State, a port of entry.

Mr. Hendriks also presented the petition of a number of the inhabitants of Delhi, in the State of Indiana, praying that that place may be made a port of entry.

Mr. Hubbard presented the petition of Daniel P. Drown, collector for the district of Portsmouth, praying an increase of compensation.

Mr. Fulton presented the memorial of the General Assembly of the State of Arkansas, asking an appropriation for the purpose of improving the navigation of Black, White, and Current rivers.

Ordered , That the said petitions and memorials be referred to the Committee on Commerce.

On motion by Mr. Davis,

Ordered , That the petition of Thomas L. Winthrop and others, on the files of the Senate, be referred to the Committee on the Judicary.

Mr. Fulton presented the memorial of the General Assembly of the State of Arkansas, asking the erection of certain fortifications on the Western frontiers, and, until their completion, an additional regiment of mounted dragoons.

Mr. King, of Alabama, presented the petition of William C. Easton, praying additional compensation for his services as a clerk in the office of Commissary General of Subsistence.

Mr. Linn presented the petition of Waddy V. Cobbs, a captain in the army, praying the pay of a brevet major commanding a separate post.

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

Mr. Grundy presented the petition of Washington Bowie and others, praying indemnity for the loss of a ship, called the Alleghany, and her cargo.

Mr. Davis presented the memorial of William Eaton, praying that his claim upon the United States, arising from the partial execution of a contract for the erection of a fortification, suspended by the Government, may be settled on the principles of justice and equity.

Mr. Niles presented the petition of Jesse E. Dow, praying to be compensated for his services as a bearer of despatches.

Mr. Kent presented the petition of William A. Gordon, praying compensation for certain clerical services in the Quartermaster's office in Washington;

Also, the petition of John M. Hepburn, praying to be allowed additional pay as a clerk in the War Department, for a period anterior to the passage of the act of 30th April, 1818.

Mr. Tipton presented the petition of Pacificus Oral, praying to be allowed a compensation for his services as a copying and recording clerk in the office of the Solicitor of the Treasury.

Ordered , That the said petitions be severally referred to the Committee of Claims.

0039 39

Mr. Nicholas presented the petition of Catharine Read, widdow of the late Benjamin Franklin Read, lieutenant commandant in the navy of the United States, praying relief in consideration of the circumstances which occasioned the decease of her late husband.

Mr. Nicholas presented the memorial and petition of Daniel T. Patterson, a captain in the navy, praying to be allowed, in the settlement of his accounts, in conformity with usage in other cases, a sum in lieu of commissions for drawing bills.

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

Mr. Fulton presented the memorial of the Genera Assembly of the State of Arkansas, representing the expediency of certain Suggested enactments in favor of the actual settler on the public lands; and of the substitution, in particular cases, of a fractional section for the use of schools, in lieu of a fractional sixteenth section claimed in right of pre-emption.

Mr. Fulton presented a memorial of the General Assembly of the State of Arkansas, praying that the right of pre-emption may be granted, by law, to the persons who may have cultivated and improved the public lands prior to the time when the same may be offered at public sale.

Mr. Fulton also presented a memorial of the General Assembly of the State of Arkansas, praying that the public lands within the State returned as unfit for cultivation, may be granted to the settlers or ceded to said State.

Ordered , That the said memorials be severally referred to the Committee on Public Lands.

Mr. Southard presented the petition of Benjamin Harrison, only child and heir of Benjamin Harrison, deputy paymaster general to the continental army of the Revolution, praying remuneration for losses in the revolutionary war, and the equitable adjustment of his father's accounts.

Mr. McKean presented the petition of Roger Stagner, a captain in the continental line of the revolutionary army, praying commutation pay for military services.

Mr. Swift presented the petition of Patience Babcock, praying compensation for property taken for the use of the United States during the revolutionary war.

Mr. Kent presented the petition of Thomas Jones and William J. Blackstone, for themselves and the legal representatives of William Jones, praying payment of a loan-office certificate issued to the ancestor of the petitioners and destroyed by fire, and interest thereon.

Mr. Brown presented the petition of Samuel Mathews, son and executor of General Thomas Mathews, praying commutation pay for military services in the revolutionary war.

Mr. Rives presented the petition of Amelia Hotsenpiller, formerly Amelia Seigle, daughter and only heir of Frederick Seigle, a surgeon in the Virginia continental line of the revolutionary army; the memorial of Robert Lanier, in behalf of the heirs of Francis Eppes; and the petition of the heirs of John Ramsay, of the revolutionary army; severally praying commutation pay for military Services in the revolutionary war.

Mr. Wall presented the petition of the heirs of Moses Elmer, praying commutation pay for military services in the revolutionary war.

0040 40

Ordered , That the said petitions and memorial be severally referred to the Committee on Revolutionary Claims.

Mr. Kent presented the petition of Alexander Estep, praying a pension.

Mr. Niles presented the petition of John S. Billings, of the State of Connecticut, praying an increase of pension.

Mr. Page presented the petition of Samuel West, of New Hampshire, praying arrears of pension.

Mr. Page also presented the petition of Joseph Foord, of New Hampshire, praying arrears and an augmentation of pension.

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

Mr. Webster presented a memorial of a large number of the inhabitants of Boston, Massachusetts, praying a reduction of the duty on coal imported into the United States.

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

On motion by Mr. Bayard,

Ordered , That the petition on the files of the Senate, of Irvine Shubrick, a lieutenant in the navy, praying to be allowed the pay and emoluments of a captain of a frigate of the first class, in consideration of extra duties as senior lieutenant, be referred to the Committee on Naval Affairs.

On motion by Mr. Buchanan,

Ordered , That the memorial of Charles Frazer Sibbald, on the files of last session, be referred to the Committee of Claims.

On motion by Mr. Ruggles,

Ordered , That Thomas Cutts have leave to withdraw his petition and papers.

Mr. Robinson, from the Committee on the Post Office and Post Roads, reported the following resolution:

Resolved , That the Committee on the Post Office and Post Roads be instructed to inquire into the cause of the destruction, by fire, of the building in which were the General Post Office, the city post office, and the Patent office.

The Senate proceeded to consider the resolution, by unanimous consent; and

Resolved , That they concur therein.

Agreeably to notice, Mr. Benton asked and obtained leave to bring in a bill (No. 23) 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, together with the papers in this case, on the files of the Senate, referred to the Committee on Military Affairs.

Agreeably to notice, Mr. Crittenden asked and obtained leave to bring in a bill (No. 24) for the relief of George F. Strother; which was read the first and second times by unanimous consent, and referred to the Committee on the Judiciary.

Agreeably to notice, Mr. Crittenden asked and obtained leave to bring in a bill (No. 25) for the relief of the legal representatives of Samuel Y. Keene; which was read the first and second times by unanimous consent, and referred, to the Committee on Revolutionary Claims.

0041 41

Agreeably to notice, Mr. Tomlinson asked and obtained leave to bring in a bill (No. 26) to extend the time for issuing scrip certificates on United States military land warrants; which was read the first and second times by unanimous consent, and referred to the Committee on Public Lands.

Agreeably to notice, Mr. Robinson asked and obtained leave to bring in a bill (No. 27) providing for the establishment of a surveyor general's office for the State of Illinois; which was read the first and second times by unanimous consent, and referred to the Committee on Public Lands.

On motion by Mr. Linn,

Ordered , That the documents on the files of the Senate relating to the claims of Pierre Menard and Joseph Bogy, be referred to the Committee on the Judiciary.

On motion by Mr. Wright,

Ordered , That so much of the message of the President of the United States, of the 6th instant, as relates to the finances of the United States, be referred to the Committee on Finance.

On motion by Mr. Ruggles,

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

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

Resolved , That the Committee on Commerce be instructed to inquire into the expediency of creating Vicksburg and Grand Gulf, in the State of Mississippi, ports of entry, and of placing on the same footing all the ports of entry of the United States.

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

Resolved , That the Committee on Commerce be instructed to inquire into the expediency of making an appropriation for the completion, of the river Raisin harbor, in Michigan, agreeably to the estimate furnished by the engineer under whose superintendence and direction the work is constructing.

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

Resolved , That the Committee on Revolutionary Claims be instructed to inquire into the expediency of allowing to the heirs of Doctor William Cogswell, deceased, (who was an hospital surgeon of the army during the war of the Revolution,) the commutation pay granted to such officers in pursuance of the resolution of the Continental Congress of March, 1783.

On motion by Mr. Hubbard,

Ordered , That the documents on the files of the Senate relating to the claim of the heirs of Doctor William Cogswell, be referred to the Committee on Revolutionary Claims.

The bill (No. 8) for the more equitable, administration of the navy pension fund, was read the second time, and referred to the Committee on Naval Affairs.

The bill (No. 9) for the relief of John McCartney, was read the second time, and referred to the Committee of Claims.

The bill (No. 10) for the relief of William East, was read the second time, and referred to the Committee of Claims.

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The bill (No. 11) for the relief of Samuel Miller, was read the second time, and referred to the Committee of Claims.

The bill (No. 12) to establish foundry, an armory in the West or Southwest, arsenals in States in which none have yet been established, and depots for arms in certain States and Territories, was read the second time, and referred to the Committee on Military Affairs.

The bill (No. 13) to grant a township of land to the French University of St. Louis, in the State of Missouri; and

The bill (16) to grant to the State of Missouri a certain quantity of land for purposes of internal improvement; were severally read the second time, and referred to the Committee on Public Lands.

The bill (No. 14) to authorize Peter Warner, of Indiana, to purchase a certain half section of land, was read the second time, and, with the papers on file relating to his case, referred to the Committee on Indian Affairs.

The bill (No. 15) supplementary to an act entitled “An act to provide for an exchange of lands with the Indians residing in any of the States or Territories, and for their removal west of the river Mississippi,” approved the 28th of May, 1820, was read the second times and referred to the Committee on Indian Affairs.

The bill (No. 17) supplementary to the act entitled “An act to amend the judicial system of the United States;” and,

The bill (No. 18) for the payment of a debt due to the heirs of Antoine Peltier; were severally read the second time, and referred to the Committee on the Judiciary.

The bill (No. 19) for the settlement of the claim of the executrix of Richard W. Meade, was read the second time, and referred to the Committee on Foreign Relations.

The bill (No. 20) to prohibit the sale of public lands except to actual settlers in limited quantities, was read the second time, and referred to the Committee on Public Lands.

After the consideration of Executive business,

The Senate adjourned.

MONDAY, December 19, 1836. Link to Annals.

The Vice President communicated the credentials of the honorable James Buchanan , chosen a Senator by the Legislature of the State of Pennsylvania, for the term of six years, commencing the fourth day of March, 1837; which were read.

The Vice President communicated a letter from the Secretary of the Treasury, transmitting an additional report of a committee of the Franklin Institute, on the explosion of steam boilers; which was read.

Mr. Wright presented the memorial of James Lee and others, of New York, praying the passage of a law to return the duty paid on merchandise burnt in New York, the 16th and 17th December, 1835; which was referred to the Committee on Finance.

Mr. Walker presented the memorial of the Trustees of the Natchez Hospital, praying a donation in money, for the benefit of that institution.

Mr. Buchanan presented a memoral signed by a number of merchants, mechanics, and other citizens of Philadelphia, praying an appropriation for the erection of a commodious custom-house in that city.

0043 43

The said memorials where severally referred to the Committee on Commerce.

Mr. Southard presented the memorial of Charles G. Ridgely, a captain in the navy of the United States, praying that certain allowances may be authorized in the settlement of his accounts with the Navy Department; which was referred to the Committee on Naval Affairs.

Mr. Southard presented the petition of Tench Ringgold, late marshal of the District of Columbia, praying to be allowed, in the settlement of his account with the Treasury of the United States, a sum adjudged to him by the Supreme Court of the United States, with the costs and expenses to which he has been subjected.

Mr. Hubbard presented the petition of Richard H. Ayer and Thomas D. Bailey, sureties of John P. Decatur, collector of the customs for the district of Portsmouth, praying certain reductions from the amount of a judgment recovered against them, and that the sum which has been wrongfully received by the United States, under the same, may be refunded.

Mr. Fulton presented the memorial of the Legislature of Arkansas, requesting the extension, for five years, of the provisions of the act 22d May, 1826, authorizing certain soldiers of the late war, or their heirs, to locate their lands as therein prescribed.

Mr. Davis presented the petition of J. J. Robertson, who has been employed as a missionary in Greece, praying that a law may pass conferring the privilege of American citizens upon his children who have been born in foreign parts.

Mr. Buchanan presented the memorial of certain citizens of the State of Pennsylvania, praying the purchase of a site, and the erection of suitable buildings for a court-house, custom-house, and post office, in the city of Philadelphia.

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

Mr. Linn presented the memorial of Martin Thomas, praying to be compensated for his services and responsibilities as the superintendent of lead mines owned by the United States.

Mr. Hubbard presented the petition of the widow and children of colonel Benjamin W. Hopkins, deceased, praying remuneration for damages and losses which he sustained in consequence of the non-fulfilment on the part of the United States of a contract with him.

Ordered , That the said petitions be referred to the Committee of Claims.

On motion by Mr. Moore,

Ordered , That the petitions of John McCartney, William East, and Samuel Miller, on the files of last session, be severally referred to the Committee of Claims.

Mr. Fulton presented memorials of the Legislature of Arkansas, praying—

1. An appropriation for the completion of a road from the town of Helena to Jackson.

2. A further appropriation for opening a road from the mouths of Arkansas and White rivers to the port of Arkansas and to the Pine bluff.

3. An appropriation for the completion of a roads from Jackson, by way of Liberty and Fayetteville, to Fort Smith, and for the completion and extension of the road from St. Francis to Batesville; and,

0044 44

4. An appropriation for opening road from the seat of government of Missouri to Washington, in Hempstead county, at Little Rock; also,

5. An appropriation for completing a road from the town of Columbus, on the Mississippi, to Little Rock.

Ordered , That the said memorials be severally referred to the Committee on Roads and Canals.

Mr. Ewing, of Illinois, presented the petition of James Dutton, of Illinois, praying permission to enter lands in lieu of a quarter section of land which he has entered from an erroneous impression that it was subject to entry; which was referred to the Committee on Public Lands.

Mr. Sevier presented the memorial of Matthew Arbuckle, praying the confirmation of his claim to certain tracts of land of which he is the purchaser for a valuable consideration; which was referred to the Committee on Private Land Claims.

Mr. Grundy presented the petition of Joseph Marechal, praying arrears and an increase of pension.

Mr. Clay presented the petition of William Phillips and others, surviving soldiers of the revolutionary army, praying an augmentation of their present pensions.

Mr. Niles presented the memorial of Charles Larrabee, praying an increase of pension.

Mr. Niles also presented the petition of Seth Phelps, of Suffield county, praying a pension in consideration of his military services in the revolutionary war.

Mr. Robinson presented the petition of John Snyder, a soldier of the Revolution, praying a pension.

Mr. Page presented the petition of Jerusha Morey, of New Hampshire, widow of Isaac Morey, deceased, a revolutionary pensioner, praying relief.

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

Mr. Calhoun presented the petition of Samuel Warren, praying commutation pay in consideration of revolutionary services.

Mr. Tomlimson presented the petition of Isaac Bronson, a surgeons mate in the revolutionary army, praying commutation pay.

Mr. Robbins presented the petition of Nahum Ward, of Ohio, praying the payment of forty-three loan-office certificates, dated the 23d December, 1777.

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

Mr. Calhoun presented the petition of a number of citizens of the States of South Carolina and Georgia, praying the establishment of a post route; which was referred to the Committee on the Post Office Post Roads.

On motion by Mr. Prentiss,

Ordered , That the petition of James Smalley and others, on the files of the Senate, be referred to the Committee on Military Affairs.

On motion by Mr. Prentiss,

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

0045 45

On motion by Mr. Bayard,

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

On motion by Mr. Rives,

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

On motion by Mr. Calhoun,

Ordered , That so much of the message of the President of the United States, at the commencement of the session, as relates to the reduction of the revenue to the wants of the Government, be referred to the Committee on Finance.

On motion by Mr. King, of Alabama,

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

On motion by Mr. Walker,

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

On motion by Mr. Benton,

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

On motion by Mr. Buchanan,

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

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. Robinson,

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

On motion by Mr. Rives,

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

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

Resolved , That a committee of five be appointed to examine and report the extent of the loss sustained by the burning of the Patent office, and to consider whether any and what measures ought to be adopted to repair the loss, and to establish such evidences of property in patented inventions as the destruction of the records and drawings may have rendered necessary for its security; and to report by bill or otherwise.

It was agreed that the Vice President appoint the committee; and

Mr. Ruggles, Mr. Prentiss, Mr. Strange, Mr. Parker, and Mr. Bayard, were appointed accordingly.

0046 46

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

Resolved , That the Committee on Private Land Claims be instructed to inquire into the expediency of confirming to the purchasers thereof, certain tracts of land sold to them by John Pope, late Governor of Arkansas, by virtue of an act of Congress authorizing him to dispose of ten sections of the public land to build a State-house at Little Rock, in Arkansas.

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

Resolved , That the President of the United States be requested to cause a statement to be laid before the Senate, showing, as nearly as may be, the different appropriations which will leave unexpended balances on the 1st day of January next, the amounts so left, the objects to which they are applicable, and the dates of the acts by which they were authorized.

Agreeably to notice, Mr. Robbins asked and obtained leave to bring in a bill (No. 28) for the relief of Andrew Armstrong; which was read the first and second times by unanimous consent, and referred to the Committee on Naval Affairs.

Agreeably to notice, Mr. Southard asked and obtained leave to bring in a bill (No. 29) for the relief of certain officers of the United States sloop of war Boston; which was read the first and second times by unanimous consent, and referred to the Committee on Naval Affairs.

Agreeably to notice, Mr. Linn asked and obtained leave to bring in a bill (No. 30) for the relief of Sebastian Butcher and the heirs and legal representatives of Bartholomew Butcher, Michael Butcher, and Peter Bloom; which was read the first and second times by unanimous consent, and referred to the Committee on Private Land Claims, together with the documents on file relating thereto.

Agreeably to notice, Mr. Clay asked and obtained leave to bring in a bill (No. 31) to appropriate, for a limited time, the proceeds of the sales of the public lands of the United States, and for granting land to certain States; which was read the first and second times by unanimous consent, and referred to the Committee on Public Lands.

Agreeably to notice, Mr. Linn asked and obtained leave to bring in a bill (No. 32) to authorize the Washington County Turnpike Company, in the State of Missouri, to construct a road through the public lands; which was read the first and second times by unanimous consent, and referred to the Committee on Roads and Canals.

Agreeably to notice, Mr. Wright asked leave to bring in a bill (No. 33) supplementary to the act entitled “An act establishing a mint and regulating the coins of the United States:” which was read the first and second times by unanimous consent, referred to the Committee on Finance, and ordered to be printed.

Agreeably to notice, Mr. Nicholas asked and obtained leave to bring in a bill (No. 34) for giving effect to the 18th article of the treaty of 1819 with Spain; which was read the first and second times by unanimous consent, and referred to the Committee on Foreign Relations.

Agreeably to notice, Mr. Moore asked and obtained leave to bring in a bill (No. 35) authorizing the relinquishment of the sixteenth sections 0047 47 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.

Agreeably to the order of the day, the Senate resumed the consideration of the resolution to rescind the Treasury order of the 11th day of July, 1836, and to make uniform the currency receivable for the public revenue; and,

After debate,

On motion by Mr. Crittenden,

The Senate adjourned.

TUESDAY, December 20, 1836. Link to Annals.

Mr. Southard presented the petition of Andrew Forrest, praying reimbursement for certain supplies and advances of money to the marine corps, in 1819, by the direction of the paymaster, when departing from the United States in the 74-gun-ship Columbus.

Mr. King, of Alabama, presented the petition of Samuel H. Thompson, praying compensation for the seizure, detention, and loss of a ship and her cargo, libelled in Mobile harbor by older of Commodore Shaw, of the navy of the United States.

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

Mr. Kent presented the petition of Alexander Scott, praying to be allowed interest on a part of his Salary as a diplomatic agent, advanced by himself, to defray his expenses; which was referred to the Committee on the Judiciary.

Mr. Wright presented the petition of William G. Buckner, executor of John J. Bulow, praying compensation for property destroyed by the enemy during the war in Florida.

Mr. Parker presented the petition of John Burke, praying indemnity for the destruction of his property by the British forces, in 1814, in consequence of its military occupancy by the United States.

Ordered , That the said petition be referred to the Committee of Claims.

Mr. Linn presented the petition of John Ryley, of Michigan, praying the confirmation of his title to a tract of land; which was referred to the Committee on Private Land Claims.

Mr. Kent presented the petition of Ann Levacher de Van Brun, widow of Lieutenant John Levacher de Van Brun, praying the commutation pay and bounty land to which her husband was entitled on account of his military services during the revolutionary war.

Mr. Kent presented the petition of the heirs of Uriah Forrest, a lieutenant colonel in the revolutionary army, disabled in service, praying the commutation pay granted to those who served to the close of the war.

Mr. Bayard presented the petition of Elizabeth Montgomery, of Wilmington, Delaware, only child and descendant of Captain Hugh Montgomery, praying remuneration for the losses and sacrifices, and compensation for the services, of her father, during the revolutionary war.

Mr. Rives presented the memorial of Hodijah B. Meade and Benjamin 0048 48 L. Meade, heirs and residuary legatees of Everard Meade, late a captain in the army of the Revolution, praying the allowance of interest on the commutation pay granted by an act of Congress.

Mr. Wall presented the petition of Keziah Kirkpatrick, a widow of a revolutionary soldier, praying relief, in consideration of her sufferings during the revolutionary war.

Ordered , That the said petitions be referred to the committee on Revolutionary Claims.

Mr. Kent presented the petition of William W. Hall, a surgeon in the army during the late war with Great Britain, praying the pay to which be conceives himself entitled, or the half pay of a regimental surgeon, as a pension.

Mr. Kent presented the petition of Thomas G. Prettyman, formerly a sergeant in Captain Aisquith's company of sharp-shooters, praying a pension.

Mr. Tomlinson presented the petition of Ransom Mix, praying an increase of pension.

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

On motion by Mr. Robbins,

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

On motion by Mr. Prentiss,

Ordered , That the petition of Garret Tunison, on the files of last session, be referred to the Committee on Pensions.

Mr. Kent presented the petition of Harvey Linsley and others, a committee of the Board of Health of the city of Washington, praying the establishment of a national hospital at the seat of Government; which was referred to the Committee on the District of Columbia.

On motion by Mr. Buchanan,

Ordered , That Samuel Grice have leave to withdraw his petition and papers, presented the first session of the twenty-third Congress.

On motion by Mr. King, of Georgia,

Ordered , That Hartwell H. Tarver have leave to withdraw the documents relating to his claim, on the files of the last session.

On motion by Mr. Morris,

Ordered , That the bill (No. 20) to prohibit the sale of public lands, except to actual settlers, in limited quantities, be printed.

Mr. Webster submitted the following motions; which were considered by unanimous consent, and agreed to:

Resolved , That the Secretary of the Treasury communicate to the Senate the latest statement made at or for the Treasury, of the condition of the deposite banks, exhibiting, among other particulars, the name and places of all deposite banks appointed since the 23d of June last, their capitals, and the amount of public moneys actually transferred or ordered to be transferred to those banks respectively.

Resolved , That the Secretary of the Treasury communicate to the Senate a detailed statement of all transfers of public moneys ordered since the 23d of June last, for the purpose of executing the act of that date for regulating the deposites of public money, showing the dates and amounts of such transfers; from what place, to what place; from what 0049 49 bank, to what bank, and the times allowed for such transfers, respectively; also, a similar statement of all transfers other than such as were made in execution of the aforesaid act.

On motion by Mr. Sevier,

Ordered , That the documents relating to the claim of Benjamin Murphy, on the files of the last session, be referred to the Committee on Indian Affairs.

Agreeably to notice, Mr. Hendricks asked and obtained leave to bring in a bill (No. 36) to authorize the East Florida Railroad Company to construct a railroad through the public lands in the Territory of Florida; which was read the first and second times by unanimous consent, and referred to the Committee on Roads and Canals.

Agreeably to notice, Mr. Linn asked and obtained leave to bring in a bill (No. 37) to provide for the legal adjudication and settlement of the claim to land therein mentioned; which was read the first and second times by unanimous consent, and referred to the Committee on Private Land Claims.

Agreeably to notice, Mr. King, of Alabama, asked and obtained leave to bring in a bill (No. 38) to authorize the Pensacola and Perdido Railroad Company to cut a canal and construct a railroad through the public lands; which was read the first and second times by unanimous consent, and referred to the Committee on Roads and Canals.

Agreeably to notice, Mr. Southard asked and obtained leave to bring in a bill (No. 39) to provide for the enlistment of boys for the naval service, and to extend the term for the enlistment of seamen; which was read the first and second times by unanimous consent, and referred to the Committee on Naval Affairs.

Agreeably to notice, Mr. Wall asked and obtained leave to bring in resolution (No. 3) to instruct the Joint Library Committee to procure certain laws and journals; which was read, and passed to the second reading.

A motion was made by Mr. Niles, that so much of the message of the President of the United States as relates to the repeal of duties on provisions and fuel be referred to the Committee on Manufactures; and,

On motion by Mr. Ewing, of Ohio,

Ordered , That this motion lie on the table.

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

Resolved , That the Committee on Military Affairs be instructed to inquire into the expediency of providing payment to such Volunteers and other troops as have been called out daring the late Creek war, and not mustered into actual service; and, also, for indemnifying the Alabama mounted volunteers, in the said war, for horses lost in the service.

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

Resolved , That the Committee on Military Affairs be instructed to inquire into the expediency of establishing an arsenal at Columbus, in the State of Mississippi, as recommended in the memorial of the Legislature of that State presented to the Senate at the last session.

The following motion, submitted by Mr. Tallmadge, was considered and agreed to: 4

0050 50

Resolved , That the Committee on the Post Office and Post Roads be directed to inquire into the expediency of furnishing some of the principal post offices in the United States with copies of the maps of the post offices and post roads, which have been compiled under the direction of the Post Office Department.

The following motion, submitted by Mr. Ewing, of Ohio, was considered and agreed to:

Resolved , That the Committee on the Judiciary be instructed to inquire into the expediency of increasing the salary of the district judge for the district of Ohio.

The following motion, submitted by Mr. Ewing, of Illinois, was considered and agreed to:

Resolved , That the Committee on Roads and Canals be instructed to inquire into the expediency of making provision by law for the establishment of a more efficient system of operations on the Cumberland road in Illinois, and for the appointment of a separate superintendency for said road in that State; and, also, into the expediency of continuing said road from Vandalia, Illinois, to the Mississippi river.

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

Resolved , That the Committee on Commerce be instructed to inquire into the expediency of an appropriation for the erection of a suitable building for a custom-house and public stores in the city of New Orleans.

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

Resolved , That the Committee on the District of Columbia be instructed to inquire whether there is any law in force, in this District, which confers on the Medical Society, or any other association, whether self-constituted or incorporated, the power to grant licenses to practice medicine, or to decide on licenses granted elsewhere, and making it illegal and a criminal offence for persons not so licensed or approved, to practise physic or surgery in the District; also, to inquire into the justice and expediency of the repeal of such laws, if any such are found to exist.

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

Resolved , That the Committee on the Judiciary be instructed to inquire into the expediency of so amending the act establishing the Territorial Government of Wisconsin, as to authorize the appointment of two additional attorneys; and that the committee also inquire into the expediency of authorizing, by further amendment of such act, the extension of the jurisdiction of justices of the peace, in cases where the sum in controversy shall not exceed one hundred dollars.

Resolved , That the Committee on Public Lands be instructed to inquire into the expediency of so amending the act of Congress for laying off certain towns in wisconsin, approved July 2, 1836, as to conform, in its provisions, to the amendment to the act entitled “An act authorizing the laying off a town on Bean river, in the State of Illinois,” and for other purposes, approved 5th February, 1829.”

Resolved , That the Committee on the Judiciary be instructed to inquire into the expediency of establishing a separate Territorial Government 0051 51 for that section of the present Territory of Wisconsin which lies west of the Mississippi river and north of the State of Missouri.

Resolved , That the Committee on Commerce be instructed to inquire into the expediency of improving harbors and constructing light-houses on the coast of Lake Michigan, in the counties of Milwalkie and Brown, in Wisconsin Territory; and that the said committee also inquire into the expediency of constructing a pier and beacon-light at the head of Green bay, and of placing buoys in the channel of Green bay, to the mouth of Fox river.

Resolved , That the Committee on Indian Affairs be instructed to inquire into the expediency of appropriating money for holding treaties with, and the purchase of the lands belonging to, the Sac and Fox, Sioux and Winnebago Indians, in Wisconsin Territory, and to provide for their removal west of the Mississippi river.

Resolved , That the Committee on Public Lands be instructed to inquire into the expediency of establishing a surveyor general's office for the Territory of Wisconsin; and that the same committee also inquire into the expediency of establishing two additional offices for the sale of the public lands in that part of the Territory lying west of the Mississippi river, and comprising the counties of Des Moines and Du Buque.

Resolved , That the Committee on Roads and Canals be instructed to inquire into the expediency of appropriating, for the purposes of constructing roads and bridges in the Territory of Wisconsin, in money, the value at this time of all the rent-lead received at the United States lead mines on the Upper Mississippi river; which money shall be expended for the above purpose, under the direction of the Governor and Legislative Assembly of said Territory.

Resolved , That the Committee on Roads and Canals be instructed to inquire into the expediency of making appropriations in lands and in money for the construction of roads in the Territory of Wisconsin, from Lake Michigan to the Mississippi river, through the United States lead mines; for a road from the northern boundary line of Wisconsin, through the counties of Des Moines and Du Buque; for the completion of the road leading flora Chicago, Illinois, through the counties of Milwalkie and Brown to Fort Howard, at Green bay.

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

Mr. President: The House of Representatives have passed a bill (No. 744) entitled “An act to provide for the payment of horses and other property lost or destroyed in the military service of the United States.”

The Senate resumed the consideration of the resolution to rescind the Treasury order of the 11th day of July, 1836, and to make uniform the currency receivable for the public revenue; and, after debate,

On motion by Mr. Webster,

The Senate adjourned.

WEDNESDAY, December 21, 1836. Link to Annals.

The Vice President communicated a report of the Secretary of the Treasury, made in compliance with the resolutions of the Senate of the 0052 52 20th instant, in relation to the condition of the deposite banks; which was read, and ordered to be printed.

The Vice President communicated a report of the Secretary of War, made in compliance with the resolution of the Senate of the 14th of April last, in relation to the cost per mile of certain portions of the Cumberland road; which was read.

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

To the Senate and House of Representatives:

Gentlemen : Herewith I transmit a report of the Postmaster General, and recommend the passage of such laws, and the making of such appropriations, as may be necessary to carry into effect the measures adopted by him for resuming the business of the Department under his charge, and securing the public property in the old Post Office building.

It is understood that the building procured for the temporary use of the Department is far from being fire-proof, and that the valuable books and papers saved from the recent conflagration will there be exposed to similar dangers. I therefore feel it my duty to recommend an immediate appropriation for the construction of a fire-proof General Post Office, that the materials may be obtained within the present winter, and the buildings erected as rapidly as practicable.

ANDREW JACKSON.

December 20, 1836.

The message was read.

Ordered , That it be printed.

On motion by Mr. Wright,

Ordered , That the petition and papers of William Hogan, administrator of Michael Hogan, on the files of the Senate, be referred to the Committee on Naval Affairs.

Mr. Sevier presented the petition of George W. Brand, praying a reasonble compensation for the use and occupation of his buildings by the agent of the United States for the Creek tribe of Indians; which was referred to the Committee on Indian Affairs.

Mr. Kent presented the petition of Elizabeth Reynolds, in behalf of the heirs of William Bayley, an officer in the revolutionary army, praying commutation pay; which was referred to the Committee on Revolutionary Claims.

Mr. Kent presented the petition of John Keith, praying compensation for his services as a messenger in the Quartermaster's department.

Mr. Wall presented the petition of John H. McIntosh, praying compensation for property occupied as a military post by the troops of the United States, and subsequently destroyed.

Ordered , That the said petitions be referred to the Committee of Claims.

Mr. Tomlinson presented the petition of Gersham Wakeman, of Connecticut, praying an increase of pension; which was referred to the Committee on Pensions.

0053 53

On motion by Mr. Ewing, of Ohio,

Ordered , That the heirs of Haffield White have leave to withdraw their petition and papers.

On motion by Mr. Hubbard,

Ordered , That the Committee of Claims be discharged from the consideration of the petition of John McCartney; and that the said petition be referred to the Committee on Military Affairs.

Mr. Ruggles presented the credentials of the honorable Judah Dana, appointed a Senator by the Governor and Council of the State of Maine, to fill the vacancy occasioned by the resignation of the honorable Ether Shepley.

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

Mr. Benton submitted the following motion, which was considered and agreed to:

Resolved , That the Secretary of the Treasury be directed to inform the Senate what amount in gold and silver has been received at each of the land offices since the Treasury order of July 11 took effect, also, to inform the Senate of the amount of receipts or certificates given by the Treasurer of the United States for payments to him on account of public lands, and the amount and date of each certificate or receipt, and the name of the payer.

Mr. Hubbard, from the Committee of Claims, to whom was referred the bill (No. 10) for the relief of William East, reported the same without amendment. He also made a special report on the subject; which was ordered to be printed.

Mr. Tipton, from the Committee of Claims, to whom was referred the bill (No. 11) for the relief of Samuel Miller, reported it without amendment. He also made a special report on the subject; which was ordered to be printed.

Agreeably to notice, Mr. Calhoun asked and obtained leave to bring in a bill (No. 40) to extend the provisions of certain sections therein named of the act of the 23d June, 1836, regulating the deposites, to the money that may be in the Treasury on the 1st of January 1838.

The bill was read the first and second times by unanimous consent.

On motion by Mr. Calhoun,

That the said bill be postponed to and made the order of the day for next Monday week ,

A motion was made by Mr. Walker to amend the same, by striking out the following words: “be postponed to and made the order of the day for next Monday week,” and to insert in lieu thereof, “ be referred to the Committee on Finance ,”

And it was determined in the affirmative,

Yeas, 22,

Nays, 22.

On motion by Mr. Calhoun,

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

Those who voted in the affirmative, are,

Messrs. Brown, Buchanan, Ewing of Illinois, Fulton, Grundy, Hendricks, Hubbard, King of Alabama, King of Georgia, Linn, McKean, 0054 54 Niles, Pages, Parker, Rives, Robinson, Ruggles, Sevier, Strange, Tallmadge, Walker, Wall.

Those who voted in the negative, are,

Messrs. Bayard, Benton, Black, Calhoun, Clay, Crittenden, Davis, Ewing of Ohio, Kent, Knight, Moore, Morris, Nicholas, Prentiss, Robbins, Southard, Swift, Tipton, Tomlinson, Webster, White, Wright.

The Senate being equally divided, the Vice President determined the question in the affirmative; and the bill was referred accordingly.

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

Mr. President: The House of Representatives have elected the Reverend Oliver C. Comstock, of the Baptist church, a chaplain to Congress on their part, for the present session.

The bill (No. 744) entitled “An act to provide for the payment of horses and other property lost or destroyed in the military service of the United States,” was read the first and second times by unanimous consent, and referred to the Committee of Claims.

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

Resolved , That the Secretary of the Treasury be requested to transmit to the Senate, at the earliest convenient day, an abstract from the returns of the State banks, on file in his office, showing, 1st, the amount of discounts; 2d, the amount of public deposites; 3d, the amount of specie; 4th, the amount of bills or notes in circulation, of each of those banks making returns to the Department, as shown by each return received from the 1st day of July last to the present time.

The Senate resumed the consideration of the resolution to rescind the Treasury order of the 11th day of July, 1836, and to make uniform the currency receivable for the public revenue; and, after debate,

On motion by Mr. Ewing, of Ohio,

The Senate adjourned.

THURSDAY, December 22, 1836. Link to Annals.

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

To the Senate of the United States:

During the last session, information was given to Congress, by the Executive, that measures had been taken to ascertain “the political, military, and civil condition of Texas.” I now submit, for your consideration, extracts from the report of the agent who had been appointed to collect it, relative to the condition of that country.

No steps have been taken by the Executive towards the acknowledgment of the independence of Texas; and the whole subject would have been left without further remark on the information now given to Congress, were it not that the two Houses, at their last session, acting separately, passed resolutions “that the independence of Texas ought to be acknowledged by the United States, whenever satisfactory information should be received that it had, in successful operation, a civil government, capable of performing the duties and fulfilling the obligations of an 0055 55 independent Power.” This mark of interest in the question of the independence of Texas, and indication of the views of Congress, make it proper that I should, somewhat in detail, present the considerations that have governed the Executive in continuing to occupy the ground previously taken in the contest between Mexico and Texas.

The acknowledgment of a new state as independent, and, entitled to a place in the family of nations, is, at all times, an act of great delicacy and responsibility; but more especially so when such state has forcibly separated, itself from another, of which it had formed an integral part, and which still claims dominion over it. A premature recognition, under these circumstances, if not looked upon as justifiable cause of war, is always liable to be regarded as a proof of an unfriendly spirit to one of the contending parties. All questions relative to the government of foreign nations, whether of the old or the new world, have been treated by the United States as questions of fact only, and our predecessors have cautiously abstained from deciding upon them, until the clearest evidence was in their possession to enable them not only to decide correctly, but to shield their decisions from every unworthy imputation. In all the contests that have arisen out of the revolutions of France, out of the disputes relating to the Crowns of Portugal and Spain, out of the revolutionary movements of those kingdoms, out of the separation of the American possessions of both from the European Governments, and out of the numerous and constantly-occurring struggles for dominion in Spanish America, so wisely consistent with our just principles has been the action of our Government, that we have, under the most critical circumstances, avoided all censure, and encountered no other evil than that produced by a transient estrangement of good-will in those against whom we have been, by force of evidence, compelled to decide.

It has thus been made Known to the world, that the uniform policy and practice of the United States is, to avoid all interference in disputes which merely relate to the internal government of other nations, and eventually to recognise the authority of the prevailing party, without reference to our particular interests and views, or to the merits of the original controversy. Public opinion, here, is so firmly established and well understood in favor of this policy, that no serious disagreement has ever arisen among ourselves in relation to it, although brought under review in a variety of forms, and at periods when the minds of the people were greatly excited by the agitation of topics purely domestic in their character. Nor has any deliberate inquiry ever been instituted in Congress, or in any of our legislative bodies, as to whom belonged the power of originally recognising a new state—a power, the exercise of which is equivalent, under some circumstances, to a declaration of war—a power nowhere expressly delegated, and only granted in the constitution as it is necessarily involved in some of the great powers given to Congress; in that given to the President and Senate to form treaties with foreign Powers, and to appoint ambassadors and other public ministers; and in that conferred upon the President to receive ministers from foreign nations.

In the preamble to the resolution of the House of Representatives, it is distinctly intimated that the expediency of recognising the independence of Texas should be left to the decision of Congress. In this view, 0056 56 on the ground of expediency, I am disposed to concur; and do not, therefore, consider it necessary to express any opinion as to the strict constitutional right of the Executive, either apart from or in conjunction with the Senate, over the subject. It is to be presumed that on no future occasion will a dispute arise, as none has heretofore occurred, between the Executive and Legislature, in the exercise of the power of recognition. It will always be considered consistent with the spirit of the constitution, and most safe, that it should be exercised, when probably leading to war, with a previous understanding with that body by whom war can alone be declared, and by whom all the provisions for sustaining its perils must be furnished. Its submission to Congress, which represents in one of its branches the States of this Union, and in the other the people of the United States, where there may be reasonable ground to apprehend so grave a consequence, would certainly afford the fullest satisfaction to our own country, and a perfect guaranty to all other nations, of the justice and prudence of the measures which might be adopted.

In making these suggestions, it is not my purpose to relieve myself from the responsibility of expressing my own opinions of the course the interests of our country prescribe and its honor permits us to follow.

It is scarcely to be imagined that a question of this character could be presented, in relation to which it would be more difficult for the United States to avoid exciting the suspicion and jealousy of other Powers, and maintain their established character for fair and impartial dealing; but, on this as on every trying occasion, safety is to be found in a rigid adherence to principle.

In the contest between Spain and her revolted colonies we stood aloof, and waited, not only until the ability of the new states to protect themselves was fully established, but until the danger of their being again subjugated had entirely passed away. Then, and not till then, were they recognised. Such was our course in regard to Mexico herself. The same policy was observed in all the disputes growing out of the separation into distinct governments of those Spanish American states who began or carried on the contest with the parent country, united under one form of government. We acknowledged the separate independence of New Granada, of Venezuela, and of Ecuador, only after their independent existence was no longer a subject of dispute, or was actually acquiesced in by those with whom they had been previously united. It is true that, with regard to Texas, the civil authority of Mexico has been expelled, its invading army defeated, the chief of the republic himself captured, and all present power to control the newly-organized government of Texas annihilated within its confines. But, on the other hand, there is, in appearance at least, an immense disparity of physical force on the side of Mexico. The Mexican republic, under another Executive, is rallying its forces under a new leader, and menacing a fresh invasion to recover its lost dominion.

Upon the issue of this threatened invasion, the independence of Texas may be considered as suspended; and, were there nothing peculiar in the relative situation of the united States and Texas, our acknowledgment of its independence at such a crisis could scarcely be regarded as consistent with that prudent reserve with which we have heretofore held ourselves bound to treat all similar questions. But there are circumstances 0057 57 in the relations of the two countries which require us to act, on this occasion, with even more than our wonted caution. Texas was once claimed as a part of our property, and there are those among our citizens who, always reluctant to abandon that claim, cannot but regard with solicitude the prospect of the reunion of the territory to this country; a large proportion of its civilized inhabitants are emigrants from the United States, speak the same language with ourselves, cherish the same principles, political and religious, and are bound to many of our citizens by ties of friendship and kindred blood; and, more than all, it is known that the people of that country have instituted the same form of government with our own, and have, since the close of your last session, openly resolved, on the acknowledgment by us of their independence, to seek admission into the Union as one of the federal States. This last circumstance is a matter of peculiar delicacy, and forces upon us considerations of the gravest character. The title of Texas to the territory she claims is identified with her independence; she asks us to acknowledge that title to the territory, with an avowed design to treat immediately of its transfer to the United States. It becomes us to beware of a too-early movement, as it might subject us, however unjustly, to the imputation of seeking to establish the claim of our neighbors to a territory, with a view to its subsequent acquisition by ourselves. Prudence, therefore, seems to dictate that we should still stand aloof, and maintain our present attitude, if not until Mexico itself or one of the great foreign Powers shall recognise the independence of the new Government, at least until the lapse of time or the course of events shall have proved, beyond cavil or dispute, the ability of the people of that country to maintain their separate sovereignty, and to uphold the Government constituted by them. Neither of the contending parties can justly complain of this course. By pursuing it, we are but carrying out the long-established policy of our Government—a policy which has secured to us respect and influence abroad, and inspired confidence at home.

Having thus discharged my duty, by presenting, with simplicity and directness, the views which, after much reflection, I hard been led to take of this important subject, I have only to add the expression of my confidence that, if Congress shall differ with me upon it, their judgment will be the result of dispassionate, prudent, and wise deliberation; with the assurance that, during the short time I shall continue connected with the Government, I shall promptly and cordially unite with you in such measures as maybe deemed best fitted to increase the prosperity and perpetuate the peace of our favored country.

ANDREW JACKSON.

Washington , December 21, 1836.

The message was read.

Ordered , That it be referred to the Committee on Foreign Relations, and be printed, with the accompanying documents; and that 1,500 copies of the same be sent to the Senate.

On motion by Mr. Brown,

Ordered , That the petition of Lewis Le Roy, on the files of the first session 22d Congress, be referred to the Committee on Finance; and that the petition of the heirs of William Pugh, on the files of the last session, be referred to the Committee on Revolutionary Claims.

0058 58

On motion by Mr. Rives,

Ordered , That the petitions of the heirs of William Ramsay; the petition of the heirs of Dr. William Rumney; the petition of the heirs of Enoch R. Withers; the petition of the heirs of John Hawkins; the petition the heirs of, Joseph Blackwell, and the petition of the heirs of John Spitfathom, on the flies of the last session, be severally referred to the Committee on Revolutionary Claims.

On motion by Mr. Wright,

Ordered , That the annual report of the Secretary of the Treasury, on the state of the finances, be referred to the Committee on Finance.

On motion by Mr. Rives,

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

Mr. Wall presented the petition Margaret S. Morris, widow of Jonathan F. Morris, an officer in the revolutionary army, praying a pension or other relief; which was referred to the Committee on Revolutionary Claims.

Mr. Linn presented the memorial of certain Choctaw Indians, by Andrew Hays, their agent, setting forth their grievances, in consequence of the failure of the United States to carry into effect the 14th article of the treaty made at Dancing Rabbit creek; and praying relief; which was referred to the Committee on Private Land Claims.

Mr. Tomlinson presented the petition of Ward Peck, of Connecticut, a soldier in the revolutionary army, praying an increase of pension; which was referred to the Committee on Pensions.

Mr. Walker presented the petition of John Fletcher, legal representative of William Taylor, praying the confirmation of his title to certain lands, or an equivalent therefor.

Mr. Nicholas presented the petition of a number of the citizens of the parish of Natchitoches, Louisiana, praying that the settlers on a certain tract of land may be confirmed in their possession.

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

Mr. Walker presented the memorial of C. Rawlings and others, citizens of Natchez, praying an appropriation for the erection of an hospital at that place; which was referred to the Committee on Commerce.

On motion by Mr. King, of Alabama,

Ordered , That the petition of William H. Robertson and others, on the files of the last session, be referred to the Committee on Finance.

Mr. King, of Georgia, presented the petition of John Forsyth, praying indemnity for the injuries he has sustained in consequence of the occupation of his property by the troops of the United States, and the trespasses committed thereon; which was referred to the Committee of Claims.

On motion by Mr. King, of Alabama,

Ordered , That the heirs of Philip C. S. Barbour have leave to withdraw their petition and papers.

On motion by Mr. Hubbard,

Ordered , That so much of the message of the President of the United States, at the commencement of the session, as relates to indemnifying individuals for property taken for public use, and to the relief of sufferers 0059 59 by Indian depredations, or by the operation of our own troops, in the present war with our hostile tribe of Indians, be referred to the Committee of Claims.

Mr. Ruggles presented the petition of a number of the citizens of Maine, praying the erection of a light-house at the mouth of Damariscotta river; which was referred to the Committee on Commerce.

Mr. Grundy, from the Committee on the Judiciary, to whom was referred the bill (No. 1) to amend an act entitled “An act entitled an act for the better organization of the district courts of the United States within the State of Alabama,” approved 10th March, 1824, reported the same without amendment.

Mr. Hendricks, from the Committee on Roads and Canals, to whom wag referred the bill (No. 32) to authorize the Washington County Turnpike Company, in the State of Missouri, to construct a road through the public lands, reported the same without amendment.

Mr. Hendricks, from the Committee on Roads and Canals, to whom was referred the bill (No. 36) to authorize the East Florida Railroad Company to construct a rail road through the public lands in the Territory of Florida, reported the same with an amendment; which was read.

Mr. Buchanan, from the Committee on Foreign Relations, to whom was referred the bill (No, 19) for the settlement of the claim of the executrix of Richard W. Meade, reported it without amendment.

Mr. Wright, from the Committee on Finance, to whom was referred the bill (No. 3) to allow a drawback of duties on imported hemp, when manufactured into cordage and exported, reported it with amendments; which were read.

Mr. White, from the Committee on Indian Affairs, to whom was referred the bill (No. 14) to authorize Peter Warner, of Indiana, to purchase a certain half section of land; and to whom was also referred the bill (No. 15.) supplementary to an act entitled “An act to provide for an exchange of lands with the Indians residing in any of the States or Territories, or for their removal west of the river Mississippi,” approved the 28th of May, 1830, reported them severally without amendment.

Mr. Wright, from the Committee on Finance, to whom was referred the petition of certain importers of hardware in the city of Philadelphia, reported a bill (No. 41) to repeal certain provisions of an act to alter and amend the several acts imposing duties on imports,” approved the 14th of July, 1832; which was read, and passed to the second reading.

Agreeably to notice, Mr. Hendricks asked and obtained leave to bring in a bill (No. 42) authorizing certain internal improvements in the Territory of Florida; which was read the first and second times by unanimous consent, and referred to the Committee on Roads and Canals.

Mr. White, from the Committee on Indian Affairs, to whom were referred certain documents relating to the claim of Benjamin Murphy, reported a bill (No. 43) to authorize the Secretary of War to adjust and pay to Benjamin Murphy, of Arkansas, the value of his corn, cattle, and hogs taken by the Cherokee Indians in the month of December, 1828; which was read, and passed to the second reading.

Agreeably to notice, Mr. Linn asked and obtained leave to bring in a bill (No. 44) to continue in force the act for the final adjustment of private land claims in Missouri, approved 9th July, 1832, and the act 0060 60 supplemental thereto, approved 2d March, 1833; which was read the first and second times by unanimous consent, and referred to the Committee on Private Land Claims.

Agreeably to notice, Mr. Wright asked and obtained leave to bring in a bill (No. 45) in addition to an act entitled “An act to provide more effectually for the settlement of accounts between the United States and receivers of public moneys,” approved March 3, 1797; which was read the first and second times by unanimous consent, and referred to the Committee on the Judiciary.

Agreeably to notice, Mr. Wright asked and obtained leave to bring in a bill (No. 46) for anticipating the payment of the indemnities accruing to citizens of the United States under the convention with France of the 4th of July, 1831, and that with the Two Sicilies of the 14th of October, 1832.

Agreeably to notice, Mr. Swift asked and obtained leave to bring in a bill (No. 47) to provide for the moral and religious instruction of 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.

Agreeably to notice, Mr. Swift asked and obtained leave to bring in a bill (No. 48) to incorporate Washington's Manual Labor School and Male Orphan Asylum Society of the city of Washington and 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. Nicholas asked and obtained leave to bring in a bill (No. 49) to provide for the legal adjudication and settlement of the claims to land under the grants and concessions made to the Baron Bastrop, the Marquis de Maison Rouge, and others, in Louisiana, and Elisha, William, and Gabriel Winter, or either of them, in Arkansas; which was read the first and second times by unanimous consent, and referred to the Committee on Private Land Claims.

On motion by Mr. Hendricks,

Ordered , That the report of the Secretary of War, of the 21st instant, in relation to the cost of portions of the Cumberland road, be referred to the Committee on Roads and Canals.

On motion by Mr. Clay,

It was agreed that the Senate, when they adjourn, shall adjourn to Monday next.

The Senate resumed the consideration of the resolution (No. 1) to rescind the Treasury order of the 11th day of July, 1836, and to make uniform the currency receivable for the public revenue;

And, after debate,

Ordered , That the resolution pass to the second reading.

The said resolution was read the second time, and considered as in Committee of the Whole; and

An amendment being proposed by Mr. Rives,

On motion by Mr. Hubbard,

The Senate adjourned.

MONDAY, December 26, 1836. Link to Annals.

The Vice President communicated a report of the Secretary of the Treasury, made in compliance with a resolution of the Senate, showing the amount of discounts, public deposites, specie, and circulation, of the several deposite banks; which was read, referred to the Committee on Finance, and ordered to be printed.

The Vice President communicated a report of the Secretary of War, transmitting one from the Commissioner of Pensions, made in compliance with a resolution of Congress of May 29, 1830. The report was read, referred to the Committee on Pensions, and ordered to be printed.

The Vice President communicated a report of the Commissioner of Public Buildings, made in obedience to the act of 3d March, 1829, showing the expenditure of certain appropriations for the public buildings and other objects; which was read, and ordered to be printed.

The Vice President also communicated a report of the Solicitor of the Treasury, prepared in pursuance of an act of Congress of July 2, 1836, “for the relief of William B. Stokes, Richard C. Stockton, Lucius W. Stockton, and Daniel Moore;” which was read, and referred to the Committee on the Judiciary.

Mr. Wright presented the petition of the heirs of James Rouse, praying compensation for the services of their father, during the late war with Great Britain; which was referred to the Committee of Claims.

Mr. Wright presented the memorial of a number of the inhabitants of the northern section of New York, praying the erection of a breakwater at Port, Kent, on Lake Champlain; which was referred to the Committee on Commerce.

Mr. Linn presented the petition of John W. Johnson and others, half-breeds of the Sac and Fox nations of Indians, praying that the northern line of their Indian reservation, agreeably to the treaty of August 4, 1834, may be run; that the said reservation may be annexed to the State of Missouri; and that the survey of lots in Burlington and Madison may be suspended; which was referred to the Committee on Indian Affairs.

On motion by Mr. Ewing, of Ohio,

Ordered , That the petition of David Stone, on the files of 1st session 23d Congress, be referred to the Committee of Claims.

Mr. Davis presented the petition of Henry J. Pickering, praying that certain duties, and the interest thereon, paid on the importation into the United States of four models, implements, or machines, for the manufacture of paper, may be refunded; which was referred to the Committee on Finance.

Mr. McKean presented the memorial of certain citizens of Philadelphia, praying the erection of a new custom-house in that city; which was referred to the Committee on Commerce.

Mr. Robinson presented the petition of James Tremble, praying permission to exchange the patent he has received for military bounty land, for another, of more value.

Mr. Robinson presented the petition of Michael Thornton, praying permission to surrender a tract of military bounty land, and to locate another in lieu thereof.

0062 62

Mr. Robinson presented the petition of Charles, Ballance and Abigail Waters, praying that the right of pre-emption to certain lands may be extended to them.

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

On motion by Mr. Wall,

Ordered , That the petition of Charles G. Hunter, on the files of the last session, be referred to the Committee on Naval Affairs.

Mr. Wall presented the petition of the heirs of Philip Johnson, a colonel in the army of the Revolution, praying commutation pay for his military services; which was referred to the Committee on Revolutionary Claims.

Mr. Grundy presented the petition of James Barron, of the United States navy, praying compensation for a code of naval signals, prepared by him during the years 1798, 1799, and 1800, and subsequently adopted into the naval Service by the Navy Department.

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

Mr. Linn presented the memorial of the Legislature of Missouri, suggesting the expediency of a port of entry at the town of Independence, and that a drawback of duties may be allowed on the re-exportation of goods from thence to Mexico; which, with the documents accompanying it, was referred to the Committee on Commerce.

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

Mr. Buchanan presented a memorial of a number of the citizens of Philadelphia, praying the erection of a new and more commodious custom-house in that place; which was referred to the Committee on Commerce.

Mr. Walker presented the memorial of Joseph Neibert, of Louisiana, praying the confirmation of his claim to certain lands; which was referred to the Committee on Public Lands.

On motion by Mr. King, of Georgia,

Ordered , That the memorial of M. St. Clair Clarke, agent for and on behalf of the State of Georgia, on the files of the 23d Congress, 2d session, be referred to the Committee on Revolutionary Claims.

Mr. Tomlinson presented the memorial of Frederick Boyer, praying arrears of pension; which was referred to the Committee on Naval Affairs.

Mr. Grundy, from the Committee on the Judiciary, reported the bill (S. 18) for the payment of a debt due to the heirs of Antoine Peltier, without amendment.

Mr. Grundy, from the Committee on the Judiciary, to whom was referred the bill (S. 22) for the relief of the heirs of Nicholas Lachance and Joseph Placy, reported it without amendment.

Mr. Grundy, from the Committee on the Judiciary, to whom was referred the bill (S. 17) supplementary to the act entitled “An act to amend the judicial system of the United States,” reported it with an amendment; which was read.

Mr. Wright, from the Committee on Finance, to whom was referred the bill (No. 46) for anticipating the payment of the indemnities accruing 0063 63 to, citizens of the United States under the convention with France of the 4th of July, 1831, and that with the two Sicilies of the 14th October, 1832, reported the same without amendment.

Mr. Wright, from the Committee on Finance, to whom was referred the bill (No. 40) to extend the provisions of certain sections therein named, of the act of 23d of June, 1836, regulating the deposites, to the money that may be in the Treasury on the 1st of January, 1838, reported the same without amendment.

Mr. Wright, from the Committee on Finance, to whom was referred the petition of William H. Robertson, reported a bill (No. 50) for the relief of William H. Robertson and Samuel H. Garrow; which was read, and passed to a second reading.

Mr. Hubbard, from the Committee on Revolutionary Claims, to whom was referred the bill (No. 2) for the relief of Sarah Angel and others, heirs at law of Benjamin King, deceased, reported it without amendment.

Mr. Hubbard, from the Committee on Revolutionary Claims, to whom was referred the petition of Isaac Bronson, reported a bill (No. 51) granting commutation to Isaac Bronson; which was read, and passed to the second reading. He also made a special report, on the subject; which was ordered to be printed.

Mr. Hubbard, from the Committee on Revolutionary Claims, to whom was referred the petition of James McCrory, made a special report, together with a bill (No. 52) for his relief. The bill was read, and passed to the second reading.

Ordered , That the report be printed.

Mr. Hubbard, from the Committee on Revolutionary Claims, to whom was referred the petition of the heirs of Moses Elmer, made a special report; which was ordered to be printed. He also reported a bill (No. 53) for the relief of the legal heirs of Moses Elmer; which was read, and passed to the second reading.

Mr. Hubbard, from the Committee on Revolutionary Claims, to whom was referred certain documents relating to the claim of the heirs of Dr. William Cogswell, submitted a report, together with a bill for their relief. The bill was read, and passed to the second reading.

Ordered , That the report be printed.

Mr. Hubbard, from the Committee on Revolutionary Claims, to whom was referred the petition of the heir of Frederick Seigle, reported a bill (No. 54) for her relief; which was read, and passed to the second reading. He also made a special report on the subject; which was ordered to be printed.

Mr. Brown, from the Committee on Revolutionary Claims, to whom was referred a bill (S. 25) for the relief of the legal representatives of Samuel Y. Keene, reported it without amendment.

On motion by Mr. Niles,

Ordered , That the Committee on Revolutionary Claims be discharged from the further consideration of the petition of Kezia Kirkpatrick, widow of James Kirkpatrick.

Mr. Rives, from the Committee on Naval Affairs, to whom was referred the bill (No. 39) to provide for the enlistment of boys for the naval service, and to extend the term for the enlistment of seamen, reported it without amendment.

0064 64

Mr. Southard, from the Committee on Naval Affairs, to whom was referred the petition of Michael Hogan, administrator of William Hogan, submitted a report, together with a bill (No. 55) for his relief. The bill was read, and passed to the second reading.

Agreeably to notice, Mr. Hendricks asked and obtained leave to bring in a bill (No. 57) to authorize the purchase of private stock, on the part of the United States, in the Louisville and Portland 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. Buchanan asked and obtained leave to bring in a bill (No. 58) to authorize the Secretary of the Treasury to compromise the claim of the United States on the Alleghany Bank of Pennsylvania; which was read the first and second times by unanimous consent, and referred to the Committee on the Judiciary.

Agreeably to notice, Mr. King, of Georgia, asked and obtained leave to bring in a bill (No. 60) for the completion of the improvement of certain rivers and roads in Florida; which was read the first and second times by unanimous consent, and referred to the Committee on Roads and Canals.

Agreeably to notice, Mr. Benton asked and obtained leave to bring in a bill (No. 61) to fix the compensation of the senior clerk employed in the Adjutant and Inspector General's office; which was read the first and second times by unanimous consent, and referred to the Committee on Military Affairs.

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

Resolved , That the Committee on Commerce be instructed to inquire into the expediency of making a suitable appropriation in aid of the improvement of the navigation of the Tennessee river, now in progress at the Muscle and Calbert Shoals.

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

Resolved , That the Committee on the Judiciary be instructed to inquire into the expediency of causing to be erected at Jackson, in the State of Mississippi, a suitable building for the accommodation of the district court of the United States for that State.

On motion by Mr. King, of Alabama, and by unanimous consent,

Resolved , That the Committee on Roads and Canals be instructed to inquire into the expediency of authorizing the Gainesville and Narkeeta Railroad Company to construct a railroad through the public lands of the United States.

Mr. King, of Alabama, presented documents relating to the Gainesville and Narkeeta railroad; which were referred to the Committee on Roads and Canals.

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

Resolved , That the Committee on Roads and Canals be instructed to inquire into the expediency of making the necessary appropriations for the completion of the military road from Little Rock to Fort Gibson, the road from Little Rock to Fort Towson, and the road from Little Rock to Columbia.

After the consideration of Executive business,

The Senate adjourned.

TUESDAY, December 27, 1836. Link to Annals.

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

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

By the second section of the 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, the Constitution and State Government which the people of Michigan had formed for themselves, was ratified and confirmed, and the State of Michigan declared to be one of the United States of America, and admitted into the Union, upon an equal footing with the original States, but on the express condition that the said State should consist of and have jurisdiction over all the territory included within certain boundaries described in the act, and over none other. It was further enacted by the third section of the same law, that, as a compliance with the fundamental condition of admission, the boundaries of the State of Michigan, as thus described, declared, and established, should “receive the assent of a convention of delegates elected by the people of said State, for the sole purpose of giving the assent” therein required; that as soon as such assent should be given, the President of the United States should announce the same by proclamation; and that, thereupon, and without any further proceeding on the part of Congress, the admission of the State into the Union, as one of the United States of America, should be considered as complete, and the Senators and Representatives in the Congress of the United States entitled to take their seats without further delay.

In the mouth of November last, I received a communication, enclosing the official proceedings of a convention, assembled at Ann Arbor, in Michigan, on the 26th of September, 1836; all which (marked A) are herewith laid before you. It will be seen by these papers, that the convention therein referred to was elected by the people of Michigan, pursuant to an act of the State Legislature passed on the 25th of July last, in consequence of the above-mentioned act of Congress; and that it declined giving its assent to the fundamental condition prescribed by Congress, and rejcted the same.

On the 24th instant, the accompanying paper, (marked B,) with its enclosure, containing the proceedings of a convention of delegates subsequently elected, and held in the State of Michigan, was presented to me. By these papers, which are also herewith submitted, for your consideration, it appears that elections were held in all the counties of the State, except two, on the 5th and 6th days of December instant, for the purpose of electing a convention of delegates to give the assent required by Congress; that the delegates then elected assembled in convention on the 14th day of December instant; and that, on the following day, the assent of the body to the fundamental condition above stated was formally given.

This latter,convention was not held or elected by virtue of any act of the Territorial or State Legislature; it originated from the people themselves, and was chosen by them in pursuance of resolutions adopted 5 0066 66 in primary assembles held in the respective counties. The act of Congress, however, does not prescribe by what authority the convention shall be ordered, or the time when, or the manner in which, it shall be chosen. Had these latter proceedings come to me during the recess of Congress, I should therefore have felt it my duty, on being satisfied that they emanated from a convention of delegates elected, in point of fact, by the people of the State, for the purpose required, to have issued my proclamation thereon, as provided by law. But, as the authority conferred on the President was evidently given to him under the expectation that the assent of the convention might be laid before him during the recess of Congress, and to avoid the delay of a postponement until the meeting of that body, and as the circumstances which now attend the case are in other respects peculiar and such as could not have been foreseen when the act of June 15, 1836, was passed, I deem it most agreeable to the intent of that law, and proper for other reasons, that the whole subject should be submitted to the decision of Congress. The importance of your early action upon it is too obvious to need remark.

ANDREW JACKSON.

Washington , December , 1836.

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

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

To the Senate of the United States:

I herewith transmit to the Senate the report of the Secretary of the Treasury, giving all the information required by their resolution of the 19th instant, calling for a list of the different appropriations which will leave unexpended balances on the first day of January next.

ANDREW JACKSON.

December 26, 1836.

The message was read.

The Vice President communicated a report of the Secretary of the Treasury, in further compliance with a resolution of the Senate of the 20th instant, in relation to transfers of the public money, in execution of the act of the 23d June, 1836, for regulating the deposites of the public money; which was referred to the Committee on Finance, and ordered to be printed.

Mr. Wright presented the petition of George S. Knight, of the State of New York, praying that a balance due to him for the loss of a vessel impressed into the service of the United States during the late war, with interest thereon, may be paid; which was referred to the Committee on Naval Affairs.

Mr. Linn presented certain documents relating to the claim of Julian Dubuque to a tract of land; which were referred to the Committee on Private Land Claims.

Mr. Grundy presented the petition of Joseph Nourse, praying the passage of an act to authorize the settlement of his accounts, agreeably to a judgment in his favor, by the judical tribunal to which they were submitted; which was referred to the Committee of Claims.

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Mr. Tomlinson presented the petition of a number of the inhabitants of the town of Norwich, Connecticut, praying the repeal of the duty on foreign coal; which was referred to the Committee on Manufactures, and ordered to be printed.

On motion by Mr. Bayard,

Ordered , That the memorial of the heirs of Henry Fisher, a major in the army of the Revolution, be referred to the Committee on Revolutionary Claims.

Mr. Tipton presented the petition of a number of the inhabitants of the northern part of Indiana, praying an appropriation for opening a road from Toledo, Ohio, to Michigan city; which was referred to the Committee on Roads and Canals.

Mr. Ewing, of Ohio, presented a memorial of the Ohio Railroad Company, praying the grant of a portion of the public land as a right of way, and permission to import from Canada pine timber and other materials for the construction of their work, free of duty; which was referred to the Committee on Roads and Canals.

Mr. Brown presented the petition of the administrator of Hance Hamilton, a surgeon in the army of the Revolution, praying commutation pay for his services; which was referred to the Committee on Revolutionary Claims.

On motion by Mr. Hubbard,

Ordered , That the Committee of Claims be discharged from the further consideration of the petitions of John Keith and William A. Gordon, and that the same be referred to the Committee on Military Affairs.

On motion by Mr. Tipton,

Ordered , That the Committee of Claims be discharged from the further consideration of the petition of Jesse E. Dow, and that the same be referred to the Committe on Naval Affairs.

Mr. Hubbard, from the Committee of Claims, to whom was referred the bill (No. 744) entitled “An act to provide for the payment of horses and other property lost or destroyed in the military service of the United States,” reported it with an amendment; which was read.

On motion by Mr. Walker,

Ordered , That leave be given to withdraw the petition of certain inhabitants of Washington county, Mississippi, in favor of Isaac Knox, on the files of last session.

Agreeably to notice, Mr. Prentiss asked and obtained leave to bring in a bill (No. 62) for the relief of Elisha Town; which was read the first and second times by unanimous consent, and referred to the Committee on Finance.

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

Mr. President: The House of Representatives have passed a bill (No. 760) entitled “An act for the relief of Norman Holt;” in which they request the concurrence of the Senate.

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

No. 63. A bill for the relief of the heirs and legal representatives of Henry Eckford, deceased.

No. 64. A bill to establish a naval academy.

0068 68

No. 65. A bill for the relief of Commodore Isaac Hull.

No. 66. a bill to establish and regulate the navy ration, and for other purposes.

No. 67. A bill to regulate the pay of the officers of the United States marine corps.

No. 68. A bill making appropriation for the deepening of the bar and constructing a dry dock at Pensacola.

No. 69. A bill organizing the navy of the United States.

No. 70. A bill authorizing the necessary examinations and surveys for the establishment of a naval rendezvous and depot near the southern extremity of Florida.

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

Agreeably to notice, Mr. Davis asked and obtained leave to bring in a bill (No. 71) to remunerate the captors of the privateer Lydia; which was read the first and second times by unanimous consent, and referred to the Committee on Commerce.

Agreeably to notice, Mr. Buchanan asked and obtained leave to bring in a bill (No. 72) to extend for a longer period the several acts now in force for the relief of certain insolvent debtors of the United States; which was read the first and second times by uuanimous consent, and referred to the Committee on the Judiciary.

Agreeably to notice, Mr. Robinson asked and obtained leave to bring in a bill (No. 73) for the relief of Daniel Bush; which was read the first and second times by unanimous consent, and referred to the Committee on Public Lands.

Mr. Robinson presented documents relating to the case of Daniel Bush; which were referred to the Committee on Public Lands.

Agreeably to notice, Mr. Moore asked and obtained leave to bring in a bill (No. 74) authorizing the Secretary of the Treasury to invest the amount of the two per cent. fund reserved for making a road or roads leading to the State of Alabama, under the direction of Congress; which was read the first and Second times by unanimous consent, and referred to the Committee on Public Lands.

Agreeably to notice, Mr. Tipton asked and obtained leave to bring in a bill (No. 75) to authorize John E. Metcalf and others to locate certain pre-emption claims to land in Indiana; which was read the first and second times by unanimous consent, and referred to the Committee on Public Lands.

Agreeably to notice, Mr. Hendricks asked and obtained leave to bring in a bill (No. 76) for the completion of certain internal improvements in the Territory of Florida; which was read the first and second times by unanimous consent, and referred to the Committee on Roads and Canals.

On motion by Mr. Kent,

Ordered , That the Senate will, to-morrow, at one o'clock, proceed to the election of a chaplain to Congress on the part of the Senate.

On motion by Mr. Moore,

Ordered , That the Committee on Military Affairs be discharged from the consideration of the bill (S. 9) for the relief of John McCartney; and that the said bill, with the documents relating thereto, be referred to the Committee on Indian Affairs.

0069 69

The Senate resumed, as in Committee of the Whole, the consideration of the resolution (No. 1) to rescind the Treasury order of the 11th day of July, 1836, and to make uniform the currency receivable for the public revenue; and, after debate, and the consideration, by unanimous consent, of Executive business,

The Senate adjourned.

WEDNESDAY, December 28, 1836. Link to Annals.

Mr. McKean presented the memorial of a number of the merchants and citizens of the city of Philadelphia, praying the erection of a lighthouse on the southern end of Reedy island, and another on Brandywine shoal; which was referred to the Committee on Commerce.

On motion by Mr. Linn,

Ordered , That the memorial of the Legislature of Missouri, on the files of the Senate, in relation to the establishment of marine hospitals, be referred to the Committee on Commerce.

On motion by Mr. Linn,

Ordered , That the memorial of the Legislature of Missouri, on the files of the Senate, praying an extension of the right of pre-emption, and graduation of the price of public lands, and that a memorial of the same Legislature, also on the files of the Senate, praying the surrender to the States of the refuse lands within their respective limits, be severally referred to the Committee on Public Lands.

On motion by Mr. Kent,

Ordered , That the memorial of the heirs of Jacob Hale, deceased, on the files of the Senate, be referred to the Committee on Revolutionary Claims.

On motion by Mr. Kent,

Ordered , That the memorial of Boyd Reilly, on the files of the Senate, be referred to a select committee, consisting of five members.

It was agreed, on motion by Mr. Kent, that the Vice President appoint the committee; and Mr. Kent, Mr. Hendricks, Mr. Linn, Mr. Robbins and Mr. Grundy, were appointed accordingly.

Mr. Kent presented the petition of Thomas Vowell, praying to be indemnified for, the release, by the Government of the United States, against his consent, of his claim upon the Government of France, arising from the illegal capture and condemnation of a vessel and her cargo; which was referred to the Committee on Foreign Relations.

Mr. Ruggles presented the petition of John H. Hall of Harper's Ferry. Virginia, praying compensation for his improvements in the construction of fire-arms, and a reimbursement of expenses which he has incurred, in their prosecution; which was referred to the Committee on Military Affairs.

Mr. Davis presented the petition of the Springfield Manufacturing Company, praying the payment of a balance due on a contract with the United States, for the manufacture of certain musket barrels and bayonets; which was referred to the Committee of Claims.

On motion by Mr. Wright,

Ordered , That the petition of Martha Bailey and others, on the files of the Senate, be referred to the Committee of Claims.

0070 70

Mr. Hubbard presented the petition of John Gould, of Vermont, and the petition of Daniel Cilley, of Vermont, severally praying arrears of pension; which were referred to the Committee on Pensions.

On motion by Mr. Tomlinson,

Ordered , That the Committee on Pensions be discharged from the further consideration of the petition of William W. Hall.

On motion by Mr. Prentiss,

Ordered , That the Committee on Pensions be discharged from the further consideration of the petition of Joseph Foord.

On motion by Mr. Hubbard,

Ordered , That the Committee on Pensions be discharged from the further consideration of the petition of Garret Tunison.

On motion by Mr. Hubbard,

Ordered , That the Committee of Claims be discharged from the further consideration of the petition of Pacificus Ord.

Mr. Tomlinson, from the Committee on Pensions, to whom was referred the petition of Ransom Mix, reported a bill (No. 77) for his relief; which was read, and passed to the second reading. He also made a special report on the subject; which was ordered to be printed.

Mr. Grundy, from the Committee on the Judiciary, to whom was referred the bill (No. 45,) in addition to an act entitled “An act to provide more effectually for the settlement of accounts between the United States and receivers of public money,” approved March 3, 1797, reported the same without amendment.

Mr. Wall, from the Committee on the Judiciary, to whom was referred the petition of Tench Ringgold, reported a bill (No. 78) for his relief; which was read, and passed to the second reading.

Mr. Sevier, from the Committee on Pensions, to whom was referred the petition of Seth Phelps, submitted an unfavorable report; which was read, and ordered to be printed.

Mr. Sevier, from the Committee on Pensions, to whom was referred the petition of Thomas Snyder, submitted an unfavorable report; which was read, and ordered to be printed.

The Vice President communicated a report of the Postmaster General, made in conformity to the act to change the organization of the Post Office Department, and to provide more effectually for the settlement of the accounts thereof, and accompanied with estimates of the sums required for the service of the Department; which was read, and referred to the Committee on Finance.

Mr. Nicholas, from the Committee on Roads and Canals, to whom was referred the bill (No. 38) to authorize the Pensacola and Perdido Railroad and Canal Company to cut a canal and construct a railroad through the public lands, reported it without amendment.

Mr. Hendricks, from the Committee on Roads and Canals, to whom was referred the bill (S. 42) authorizing certain internal improvements in the Territory of Florida, reported the same without amendment. He also submitted a report on the subject; which was ordered to be printed.

Mr. Hendricks, from the Committee on Roads and Canals, to whom was referred the bill (S. 76) for the completion of certain internal improvements in the Territory of Florida, reported it without amendment.

Agreeably to notice, Mr. Davis asked and obtained leave to bring in a bill (S. 79) in addition to the acts for the relief of sick and disabled 0071 71 seamen; which was read the first and second times by unanimous consent, and referred to the Committee on Commerce.

Agreeably to notice, Mr. Sevier asked and obtained leave to bring in a bill (S. 80) for the relief of sundry citizens of Arkansas; which was read the first and second times by unanimous consent, and referred to the Committee on Public Lands.

On motion by Mr. Benton,

Ordered , That the message of the President of the United States of the 27th instant, transmitting statements of unexpended balances of appropriations, be printed, and that 1,000 additional copies be sent to the Senate.

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

Mr. President: The House of Representatives have passed bills of the following titles, viz:

No. 529. An act supplementary to the act entitled “An act establishing and regulating the coins of the United States.”

No. 751. An act to regulate in certain cases the disposition of the proceeds of lands ceded by Indian tribes to the United States.

No. 752. An act making an appropriation for the suppression of Indian hostilities.

No. 753. An act making appropriations for the payment of the revolutionary and other pensioners of the United States for the year 1837.

The bills this day received from the House of Representatives were severally read the first and second times by unanimous consent, and referred to the Committee on Finance.

The bill (No. 760) entitled “An act for the relief of Norman Holt,” was read the first and second times by unanimous consent, and referred to the Committee on Public Lands.

Agreeably to order, the Senate proceeded to the election of a chaplain to Congress, on their part, for the present session; and, on Counting the ballots, it appeared that the Rev. Mr. Goodman had a majority of votes, and was elected.

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

The Senate then adjourned.

THURSDAY, December 29, 1836. Link to Annals.

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

To the Senate of the United States:

I transmit to the Senate a report of the Secretary of the Navy, complying with their resolution of the 24th of May, 1836.

ANDREW JACKSON.

The message was read.

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

On motion by Mr. Grundy,

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

Mr. Linn presented the petition of James D. Doty and others, citizens of the Territory of Wisconsin, praying an appropriation for the improvement 0072 72 of Manitoawoc river, and the construction of an artificial harbor at its mouth, on Lake Winnebago; which was referred to the Committee on Commerce.

On motion by Mr. Tomlinson,

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

Mr. Morris presented documents in relation to the claim of George T. Strother; which were referred to the Committee on the Judiciary.

Mr. Hubbard presented the petition of Tabitha Haywood, widow of Eleazer Haywood, late a pensioner of the United, States, praying relief; which was referred to the Committee on Pensions.

On motion by Mr. Hubbard,

Ordered , That the petition of the heirs of Francis Cazeau, and the documents relating to the same, on the files of the Senate, be referred to the Committee on the Judiciary.

On motion by Mr. Linn,

Ordered , That the memorial of the Legislature of Missouri, on the files of the Senate, in relation to the terms of the district court of Missouri, be referred to the Committee on the Judiciary.

On motion by Mr. Linn,

Ordered , That the memorial of the Legislature of Missouri, on the files of the Senate, relating to the location of school lands, be referred to the Committee on Public Lands.

Mr. Grundy, from the Committee on the Judiciary, to whom was referred the message of the President of the 27th instant, relating to the admission of Michigan into the Union, reported a bill (No. 81 ) to admit the State of Michigan into the Union upon an equal footing with the original States; which was read the first and second times by unanimous consent, and considered as in Committee of the Whole.

On motion by Mr. Calhoun,

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

On motion by Mr. Calhoun,

Ordered , That the documents accompanying the last-mentioned bill, the constitution of Michigan, and the “act to establish the northern boundary of the State of Ohio, and to provide for the admission of the State of Michigan into the Union upon the conditions therein expressed,” be printed for the use of the Senate.

The Vice President communicated a report of the Secretary of the Treasury, transmitting, in compliance with a resolution of the Senate, statements of the amount in gold and silver, received at each of the land offices since the Treasury order of July 11, 1836; and the amount of receipts on certificates given by the Treasurer of the United States for payments to him on account of public lands; which was read; and ordered to be printed.

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

Resolved , That the Secretary of the Treasury be directed to report to the Senate, as early as practicable after the first of January next, the amount of the exports for the year ending the 31st instant, ascertained and estimated, and distinguishing between the domestic and foreign, and the portion of the latter that is free and dutiable; the amount of the imports 0073 73 for the same period, estimated and ascertained, distinguishing in like manner the free and dutiable; the amount of duties accrued in the same period, ascertained and estimated, stating the portion paid into the Treasury during the year, and the amount outstanding at the end of the year; also, the amount of money that will be received in the year from the sales of lands, ascertained and estimated, distinguishing the receipts of each quarter; and, also, the amount of public money in the Treasury at the end of the year, ascertained and estimated, and distinguishing what stands to the credit of the Treasurer from what stands to that of the disbursing officer.

Mr. Wright, from the Committee on Finance, to whom was referred the bill (No. 62) for the relief of Elisha Town, reported the same without amendment.

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

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

Mr. Wright, from the Committee on Finance, to whom was referred the bill (H. R. 753) entitled “An act making appropriations for the payment of the revolutionary and other pensioners of the United States for the year 1837,” reported the same without amendment.

Mr. Wright, from the Committee on Finance, to whom was referred the bill (H. R. 529) entitled “An act supplementary to the net entitled “An act establishing a mint, and regulating the coins of the United States,” reported the same with an amendment; which was read.

Mr. Wright, from the Committee on Finance, to whom was referred the bill (H. R. 752) entitled “An act making an appropriation for the suppression of Indian hostilities,” reported the same without amendment.

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

Ordered , That it pass to a third reading.

On motion by Mr. Clay,

It was agreed that the Senate, when they adjourn, will adjourn to Monday next.

The Senate resumed as in Committee of the Whole, the consideration of the resolution (S. 1) to rescind the Treasury order of the 11th day of July, 1836, and to make uniform the currency receivable for the public revenue.

And, after debate,

On motion by Mr. Ewing, of Ohio,

The Senate adjourned.

MONDAY, January 2, 1837. Link to Annals.

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

Mr. King, of Alabama, presented the credentials of the honorable John McKinley , appointed a Senator by the Legislature of the State of Alabama, for the term of six years, commencing the 4th day of March, 1837; which were read.

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

0074 74

Washington , December 30, 1836.

To the Senate and House of Representatives:

I transmit, herewith, a communication from the Secretary of War ad interim , with certain accompanying papers from the Engineer department, required to complete the annual report from that department.

ANDREW JACKSON.

The message was read.

The Vice President communicated a report of the Secretary of the Navy, made in compliance with the 2d section of the act of 9th May, 1836, exhibiting the expenditures made from the contingent appropriations for the navy, as settled in the office of the Fourth Auditor of the Treasury, from the 1st October, 1835, to the 30th September, 1836; which was read.

On motion by Mr. Hendricks,

Ordered , That the petition of Casper W. Weaver, on the files of the last session, be referred to the Committee of Claims.

On motion by Mr. Hendricks,

Ordered , That the documents on the files of the last session relating to the claims of the legal representatives of John H. Piatt, deceased, be referred to the Committee of Claims.

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

Resolved , That the Committee on Pensions be instructed to inquire into the expediency of placing Lemuel Peterson and Alexander McAllister, of the State of Indiana, on the pension roll.

Mr. Hendricks presented certain documents relating to the claim of Lemuel Peterson and Alexander McAllister; which were referred to the Committee on Pensions.

On motion by Mr. Prentiss,

Ordered , That the petition of Silas Williams, on the files of the last session, be referred to the Committee on Pensions.

Mr. Buchanan presented the memorial of A. Planton, praying that an appropriation may be made for the purpose of ascertaining the practicability of applying steam power to the navigation of canals; which was referred to the Committee on Roads and Canals.

Mr. Buchanan presented the memorial of the Chamber of Commerce of the city of Philadelphia, praying the erection of a new and commodious custom-house in that place; which was referred to the Committee on Commerce.

On motion by Mr. Calhoun,

Ordered , That the petition of the executrix of John Elias Moore, on the files of the last session, be referred to the Committee on Revolutionary Claims.

On motion by Mr. Wright,

Ordered , That the petition of Archibald W. Hamilton, on the files of the last session, be referred to the Committee of Claims.

Mr. Wright presented the petition of John Polphemus, of the city of Philadelphia, praying payment of a lost certificate issued to him for commutation pay and arrearages of pay during the revolutionary war; which was referred to the Committee on Revolutionary Claims.

0075 75

Mr. Tomlinson presented the petition of Daniel Bradley, praying compensation for a horse lost while he was in the discharge of his duty as a major in the army of the United States, in the year 1798; which was referred to the Committee of Claims.

Mr. Tomlinson presented the petition of Samuel Dean, of Stanford, Connecticut, praying to be restored to the roll of revolutionary pensioners, and the payment of arrears of pension; which was referred to the Committee on Pensions.

On motion by Mr. Walker,

Ordered , That the petition of a number of the inhabitants of Washington county, Mississippi, in favor of Andrew Knox, on the files of the last session, be referred to the Committee on Public Lands.

Mr. Clay presented the petition of Anthony Gale, praying compensation for certain duties as quartermaster in the year 1806; which was referred to the Committee on Naval Affairs.

Mr. Niles presented the petition of the widow of Nathaniel L. Raymond, a soldier in the war of the Revolution, praying a pension or other relief; which was referred to the Committee on Pensions.

Mr. Niles presented the memorial of Gary Pratt, of the District of Columbia, praying an augmentation of his pension; which was referred to the Committee on Pensions.

Mr. Tipton presented certain documents relating to the claim of John Smith, of Indiana, for a pension; which was referred to the Committee on Pensions.

Mr. Rives presented the petition of the heirs of John and Henry Banks, praying, remuneration for supplies furnished the army of the United States during the revolutionary war; which was referred to the Committee on Revolutionary Claims.

Mr. Rives presented the petition of Willia G. Gregory, daughter of Abraham Maury, a revolutionary officer, praying that the pension granted to her father may be continued to her; which was referred to the Committee on Pensions.

Mr. Rives presented the petition of John J. Roane, of the city of Washington, District of Columbia, praying that he may be authorized by law to take out a patent for a new and improved mode, of which he is the discoverer, to secure property from destruction by fire; which was referred to the Committee on the Judiciary.

Mr. King, of Alabama, presented the memorial of the corporate authorities of the city of Mobile, praying the reimbursement of a sum advanced by them for the equipment, transportation, and supply of two companies of mounted men, in the beginning of the Greek Indian hostilities; which was referred to the Committee on Military Affairs.

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

Resolved , That the Committee of Claims be instructed to inquire into the expediency of compensating Jeremiah Taylor for shoeing horses belonging to Captain Bradley's company of cavalry, attached to Colonel John Coffee's regiment, during the late war.

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

Resolved , That the Committee on the Judiciary be instructed to inquire into the expediency of extending the jurisdiction of the district court of Arkansas, so as to embrace all capital offences against the United 0076 76 States which may be committed in the Indian country west of Arkansas.

Resolved , That the Committee on Public Lands be instructed to inquire into the expediency of granting, to each of the States of Arkansas, Mississippi, and Louisiana, five hundred thousand acres of land, for the purposes of internal improvement.

On motion by Mr. White,

Ordered , That the Committee on Revolutionary Claims be discharged from the consideration of the petition of William Woodcock, and that the said petition be referred to the Committee on Pensions.

Mr. White, from the Committee on Revolutionary Claims, to whom was referred the petition of Samuel Warren, reported a bill for his relief, (No. 82;) which was read, and passed, to a second reading. He also made a report thereon; which was ordered to be printed.

Mr. Grundy, from the Committee on the Judiciary, to whom was referred the bill (No. 58) to authorize the Secretary of the Treasury to compromise the claim of the United States upon the Alleghany Banks reported the same without amendment.

Mr. Robinson, from the Committee on Roads and Canals, to whom the subject was referred, reported a bill (No. 83) to authorize the location of the Gainesville and Narkeeta railroad, chartered by the States of Alabama and Mississippi, through the public lands; which was read, and passed to the second reading.

On motion by Mr. Brown,

Ordered , That the Committee on Revolutionary Claims be discharged from the petition of the heirs of Everard Meade.

Mr. Brown, from the Committee on Revolutionary Claims, to whom was referred the petition of the legal representatives of Gustavus B. Horner, deceased, reported a bill (No. 84) for their relief; which was read, and passed to the second reading.

Mr. Walker, from the Committee on Public Lands, to whom was referred the bill (No. 20) to prohibit the sale of public lands, except to actual settlers in limited quantities, reported the same with an amendment; which was read, and ordered to be printed.

The Senate proceeded to consider the said bill, as in Committee of the Whole; and,

On motion by Mr. Walker,

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

Mr. Hendricks, from the Committee on Roads and Canals, reported a bill (No. 85) for the continuation of the Cumberland road in the States of Ohio, Indiana, and Illinois; which was read, and passed, to a second reading.

Mr. Hendricks, from the Committee on Roads and Canals, to whom was referred the petition of the Ohio Railroad Company, reported a bill (No. 86) to authorize the Ohio Railroad Company to locate a road through the public lands; which was read, and passed to a second reading.

Mr. Hendricks, from the Committee on Roads and Canals, to whom was referred the bill (S. 60) for the completion of the improvement of certain rivers and roads in Florida, reported it without amendment.

0077 77

Mr. Hendricks, from the Committee on Roads and Canals, who were instructed by a resolution of the 26th December to inquire into the subject, reported a bill (S. 87) making appropriations to complete certain military roads in the State of Arkansas; which was read, and passed to the second reading.

On motion by Mr. Hendricks,

Ordered , That the documents accompanying the bill last, mentioned be printed.

Mr. Wright, from the Committee on Finance, to whom was referred the memorial of a number of citizens of New York, reported a bill (S. 88) to remit the duties upon certain goods destroyed by fire at the late conflagration in the city of New York; which was read, and passed to the second reading.

Mr. Wright submitted documents in relation to the bill last mentioned; which were ordered to be printed.

Mr. Wright, from the Committee on Finance, to whom was referred the petition of Lewis Le Roy, reported “that the prayer of the petitioner be not granted.”

Mr. Wright, from the Committee on Finance, to whom was referred the bill (H. R. 751 ) entitled “An act to regulate, in certain cases, the disposition of the proceeds of the lands ceded by Indian tribes to the United States,” reported the same without amendment.

Mr. Rives, from the Committee on Naval Affairs, to whom was referred the bill (S. 29) for the relief of certain officers of the United States sloop of war Boston, reported the same without amendment.

On motion by Mr. Rives,

Ordered , That the Committee on Naval Affairs be discharged from the further consideration of the memorial of Samuel H. Thompson; and that the said memorial be referred to the Committee of Claims.

On motion by Mr. Rives,

Ordered , That the Committee on Naval Affairs be discharged from the further consideration of the petition of George S. Knight; and that the said petition be referred to the Committee of Claims.

On motion by Mr. Hubbard,

Ordered , That the Committee on Revolutionary Claims be discharged from the further consideration of the petition of the widow of Phineas Babcock.

Mr. Sevier, from the Committee on Private Land, Claims, to whom the subject was referred, reported a bill (S. 89) to ratify and confirm certain special acts of John Pope, late Governor of Arkansas; which was read, and passed to a second reading. He also made a special report thereon; which was ordered to be printed.

Mr. Niles, from the Committee on Revolutionary Claims, to whom was referred the petition of Moses Van Campen, made a report, accompanied by a bill (S. 90) for his relief. The bill was read and passed to the second reading.

Ordered , That the report be printed.

Mr. Niles, from the Committee on Revolutionary Claims, to whom was referred the memorial of the heirs of William Baily, submitted an unfavorable report; which was ordered to be printed.

0078 78

Mr. Niles, from the Committee on Revolutionary Claims, to whom was referred the petition of the executor and heir of Thomas Matthews, submitted an unfavorable report; which was ordered to be printed.

Mr. Niles, from the Committee on Revolutionary Claims, to whom was referred the petition of the legal representatives of Samuel Claggett, submitted an unfavorable report; which was ordered to be printed.

Mr. King, of Georgia, from the Committee on Foreign Relations, reported the bill (S. 34) for giving effect to the eighth article of the treaty of 1819 with Spain, with amendments; which were read.

On motion by Mr. Grundy,

The first special order of the day was postponed; and

The Senate proceeded to consider, as in Committee of the Whole, the the bill (S. 81) to admit the State of Michigan into the Union upon an equal footing with the original States.

After debate,

On motion by Mr. Ewing, of Ohio,

The Senate adjourned.

TUESDAY, January 3, 1837. Link to Annals.

On motion by Mr. Ewing, of Ohio,

Ordered , That George Johnson have leave to withdraw his petition and papers horn the files of the first session twenty-third Congress.

Mr. Wright presented the memorial of the marshal of the United States for the southern district of New York, representing the expediency of erecting a court-house for the use of the United States courts, in the said district; which was read, and referred to the Committee on the Judiciary.

Mr. Robinson presented the memorial of the President, Directors, and Stockholders of the Galena and Chicago Union Railroad Company, praying a grant of the right of way through the public lands, and a right of pre-emption to one section of public land on each side of said road, on certain conditions; which was referred to the Committee on Roads and Canals.

On motion by Mr. Linn,

Ordered , That the memorial of the Legislature of Missouri, on the files of the Senate, relating to a donation of lands, be referred to the Committee on Public Lands.

Mr. Buchanan presented the memorial of William B. Stokes, Richard C. Stockton, and others, praying some legislative provision to carry into execution an award in their favor, by the Solicitor of the Treasury; which was referred to the Committee on the Judiciary.

Mr. Wall presented a document relating to the claim of J. H. McIntosh; which was referred to the Committee of Claims.

On motion by Mr. Linn,

Ordered , That the memorial of the Legislature of Missouri, for the establishment of an additional land district, on the files of the Senates be referred to the Committee on Public Lands; and that the papers on file, relating to the same subject, be referred to the same committee.

0079 79

Mr. Kent presented the memorial of the Common Council of Alexandria, praying the aid of Congress to enable them to complete a branch of the Chesapeake and Ohio Canal from Georgetown to Alexandria; which was referred to the Committee on Roads and Canals.

Mr. Kent presented the petition of the widow of the late Colonel Julius F. Heileman praying that the law granting a pension to the widows of those who have fallen in battle may be extended to her, in consideration of the circumstances which caused his death; which was referred to the Committee on Pensions.

Mr. Walker presented the memorial of Andrew Marschalk, praying relief in consideration of his services in the revolutionary war; which was referred to the Committee on Pensions.

Mr. Rives presented the petition of John H. Hall, praying compensation for certain improvements in the fabrication of fire-arms; which was referred to the Committee on Military Affairs.

Mr. Rives presented the memorial of a number of the citizens of Virginia, praying compensation for certain illegal captures and seizures, under the authority of the Government of France, prior to the year 1800.

Mr. Rives presented the memorial of George Taylor, praying to be indemnified for the release, by the Government of the United States, of his claims upon the Government of France, for certain illegal captures and seizures prior to the year 1800.

Mr. King, of Alabama, presented the memorial of certain citizens of Georgetown, in the District of Columbia, representing the beneficial consequences which would arise from the incorporation of a banking institution in the city of Washington, with branches in Alexandria and Georgetown; which was referred to the Committee on the District of Columbia.

Mr. Kent, from the Committee on the District of Columbia, to whom was referred the bill (S. 48) to incorporate Washington's Manual Labor School and Male Orphan Asylum Society of the city of Washington and District of Columbia, reported the same without amendment.

Mr. Kent, from the Committee on the District of Columbia, who were instructed by a resolution of the Senate of the 20th instant, in relation to the exercise of a power by a medical society in the District of Columbia, to grant licenses to practise medicine, submitted a report; and, in concurrence therewith,

Ordered , That the committee be discharged from the further consideration of the subject.

Mr. Linn, from the Committee on Private Land Claims, to whom was referred the bill (S. 30) for the relief of Sebastian Butcher, and the heirs and legal representatives of Bartholomew Butcher, Michael Butcher, and Peter Bloom, reported the same without amendment.

Mr. Sevier, from the Committee on Indian Affairs, to whom was referred the petition of George W. Brand, submitted a report, accompanied by a bill (S. 91) for the relief of George W. Brand, a citizen of the Cherokee nation of Indians west of the Mississippi river. The bill was read, and passed to the second reading.

Ordered , That the report be printed.

Mr. Southard, from the Committee on Naval Affairs, to whom was referred the petition of Irvine Shubrick, submitted a report, accompanied 0080 80 by a bill (S. 92) for his relief; which was read, and passed to the second reading.

Mr. Crittenden, from the Committee of Claims, to whom was referred the petition of John Forsyth, submitted a report, accompanied by a resolution “that the prayer of the petition be not granted.”

The report was read.

Mr. Walker, from the Committee on Public Lands, to whom was referred the bill (S. 31 ) to appropriate, for a limited time, the proceeds of the sales of the public lands of the United States, and for granting land to certain States, reported the same without amendment.

Mr. Benton, from the Committee on Military Affairs, to whom were referred the following bills, viz:

S. 12. A bill to establish a foundry, an armory in the West or Southwest, arsenals in the States in which none have yet been established, and depots for arms in certain States and Territories;

S. 4. A bill making appropriations for the collection of materials and the purchase of sites, and to commence the construction of certain fortifications, and for other purposes;

S. 23. A bill for the relief of Caroline E. Clitherall, widow of Doctor George C. Clitherall, late a surgeon in the army of the United States;

S. 6. A bill for the relief of the heirs of General William Eaton;

S. 61. A bill to fix the compensation of the senior clerk employed in the adjutant and inspector general's office; reported them, severally, without amendment.

Mr. Hubbard, from the Committee of Claims, to whom was referred the petition of Daniel Steenrod, reported a bill (S. 93) for his relief; which was read, and passed to the second reading.

Agreeably to notice, Mr. King, of Alabama, asked and obtained leave to bring in a bill (S. 94) to encourage the employment of boys in the vessels of the United States; which was read the first and second times by unanimous consent, and referred to the Committee on Commerce.

On motion by Mr. Wright,

The Senate proceeded to consider, as in Committee of the Whole, the bill (H. R. 751) entitled “An act to regulate, in certain cases, the disposition of the proceeds of lands ceded by Indian tribes to the United States;” and no amendment being made thereto, it was reported to the Senate.

Ordered , That it pass to a third reading.

The said bill was read a third time by unanimous consent.

Resolved , That this bill pass.

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

The bill (S. 62) for the relief of Elisha Town, having been reported by the committee as 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 (H. R. 752) entitled “An act making an appropriation for the suppression of Indian hostilities,” was read the third time.

Resolved , That this bill pass.

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

0081 81

The Senate proceeded to consider the unfavorable report of the Committee on Pensions, on the petition of Thomas Snyder; and

Resolved , That they concur therein.

The Senate proceeded to consider the unfavorable report of the Committee on Finance, on the petition of Lewis Leroy; and

Resolved , That they concur therein.

The following motions submitted Mr. Benton, was considered:

Whereas, on the 26th day of December, in the year 1333, the following resolve was moved in the Senate:

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

Which proposed resolve was altered and changed by the mover thereof, on the 28th day of March, in the year 1834, so as to read as follows:

“ Resolved , That, in taking upon himself the responsibility of removing the deposite of the public money from the Bank of the United States, the President of the United States has assumed the exercise of a power over the Treasury of the United States not granted to him by the constitution and laws, and dangerous to the liberties of the people.”—

Which resolves so changed and modified by the mover thereof, on the same day and year last mentioned was further altered so as to read in these words:

“ Resolved , That the President, in the late executive proceedings in relation to the revenues has assumed upon himself authority and power not conferred by the constitution and laws, but in derogation of both.”—

In which last-mentioned form the said resolve, on the same day and year last mentioned, was adopted by the Senate, and became the act and judgment of that body, and, as such, now remains upon the Journal thereof:

And whereas the said resolve was irregularly, illegally, and unconstitutionally adopted by the Senate, in violation of the rights of defence which belong to every citizens and in subversion of the fundamental principles of law and justice: because President Jackson was thereby adjudged and pronounced to be guilty of an impeachable offence, and a stigma placed upon him as a violator of his oath of office, and of the laws and constitution, which he was sworn to preserve, protect, and defend, without going through the forms of an impeachment, and without allowing to him the benefits of a trial, or the means of defence:

And whereas the said resolve, in all its various shapes and forms, was unfounded and erroneous in point of fact, and therefore unjust and unrighteous, as well as irregular and unconstitutional: because the said President Jackson, neither in the act of dismissing Mr. Duane, nor in the appointment of Mr. Taney, as specified in the first form of the resolve; nor in taking upon himself the responsibility of removing the deposites, as specified in the second form of the same resolve; nor in any act which was then, or can now, be specified under the vague and ambiguous term s of the general denunciation contained in the third and last form of the 6 0082 82 resolve; did do or commit any act in violation or in derogation of the laws and constitution, or dangerous to the liberties of the people:

And whereas the said resolve, as adopted, was uncertain and ambiguous, containing nothing but a loose and floating charge for derogating from the laws and constitution, and assuming ungranted power and authority in the late executive proceedings in relation to the public revenue without specifying what part of the executive proceedings, or what part of the public revenue was intended to be referred to; or what parts of the laws and constitution were supposed to have been infringed; or in what part of the Union, or at what period of his administration, these late proceedings were supposed to have taken place; thereby putting each Senator at liberty to vote in favor of the resolve upon a separate and secret reason of his own, and leaving the ground of the Senate's judgment to be guessed at by the public, and to be differently and diversely interpreted by individual Senators, according to the private and particular understanding of each: contrary to all the ends of justice, and to all the forms of legal or judicial proceeding; to the great prejudice of the accused, who could not know against what to defend himself; and to the loss of senatorial responsibility, by shielding Senators from public accountability for making up a judgment upon grounds which the public cannot know, and which, if known, might prove to be insufficient in law, or unfounded in fact:

And whereas the specification contained in the first and second forms of the resolve having been objected to in debate and shown to be insufficient to sustain the charges they were adduced to support, and it being well believed that no majority could be obtained to vote for the said specifications, and the same having been actually withdrawn by the mover in the face of the whole Senate in consequence of such objection and belief, and before any vote taken thereupon; the said specifications could not afterwards be admitted by any rule of parliamentary practice, or by any principle of legal implication, secret intendment, or mental reservation, to remain and continue a part of the written and public resolve from which they were thus withdrawn; and, if they could be so admitted, they would not be sufficient to sustain the charges therein contained:

And whereas the Senate being the constitutional tribunal for the trial of the President, when charged by the House of Representatives with offences against the laws and the constitution, the adoption of the said resolve, before any impeachment preferred by the House, was a breach of the privileges of the House; a violation of the constitution; a subversion of justice; a prejudication of a question which might legally come before the Senate; and a disqualification of that body to perform its constitutional duty with fairness and impartiality, if the President should thereafter be regularly impeached by the House of Representatives for the same offence:

And whereas the temperate, respectful, and argumentative defence and protest of the President against the aforesaid proceeding of the Senate was rejected and repulsed by that body, and was voted to be a breach of its privileges, and was not permitted to be entered on its Journal or printed among its documents; while all memorials, petitions, resolves, and remonstrances against the President, however violent or unfounded, and calculated to inflame the people against him, were duly and honorably received, encomiastically commented upon in speeches, read at the table, ordered to be printed with the long list of names attached, referred to the 0083 83 Finance Committee for consideration, filed away among the public archives, and now constitute a part of the public documents of the Senate, to be handed down to the latest posterity:

And whereas the said resolve was introduced, debated, and adopted, at a time and under circumstances which had the effect of co-operating with the Bank of the United States in the parricidal attempt which that institution was then making to produce a panic and pressure in the country; to destroy the confidence of the people in President Jackson; to paralyze his administration; to govern the elections; to bankrupt the State banks; ruin their currency; fill the whole Union with terror and distress; and thereby to extort from the sufferings and the alarms of the people, the restoration of the deposites and the renewal of its charter:

And whereas the said resolve is of evil example and dangerous precedent, and should never have been received, debated, or adopted by the Senate, or admitted to entry upon its Journal: Wherefore,

Resolved , That the said resolve be expunged from the Journal; and, for that purpose, that the Secretary of the Senate, at such time as the Senate may appoint, shall bring the manuscript Journal of the session 1833—34 into the Senate, and, in the presence of the Senate, draw black lines round the said resolve, and write across the face thereof, in strong letters, the following words: “ Expunged by order of the senate, this — day of —, in the year of our lord 1836.”

On motion by Mr. Benton,

Ordered , That it be postponed to and made the order of the day for Monday next; and that it be printed.

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

Resolved , That the Committee on Revolutionary Claims be instructed to inquire into the expediency of allowing to Benjamin J. Porter, a surgeons' mate in the army of the Revolution, the commutation pay to which such officers were entitled under the resolutions of the Continental Congress.

Resolved , That the Committee on the Judiciary be instructed to inquire into the expediency of providing by law that the terms of the circuit and district courts of the United States which are now established at Exeter, in the State of New Hampshire, shall hereafter be holden at Concord, in the county of Merrimac, in said State.

Resolved , That the same committee be instructed to inquire into the expediency of increasing the salary of the district judge of the district of New Hampshire.

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

Resolved , That the Committee on the Judiciary inquire into the expediency of giving the consent of the United States, that each and every tract of land which has heretofore been or hereafter may be sold by Congress, be liable to taxation by State authority; and that the several State Legislatures in whose States any such lands are situate, be at liberty to repeal any law or ordinance passed by such State in pursuance of any act of Congress, by which such State is prohibited from levying any tax upon lands sold by the United States for the term of five years from and after the date of such sale.

0084 84

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

Resolved , That the Library Committee of the Senate be instructed to inquire whether it be practicable, from the books now in the possession of Congress, to furnish each of the committee-rooms of the Senate with a complete copy of the Laws of the United States, the Journals of both Houses, the documents, reports, and other papers, and compilations and digests, published under the authority and at the expense of Congress; and if not, to inquire and report what will be the expense of so furnishing them.

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

Resolved , That the Committee on Roads and Canals be instructed to inquire into the expediency of making an appropriation for the construction of the Cumberland road in the States of Ohio, Indiana, and Illinois.

Resolved , That the Committee on Commerce be instructed to inquire into the expediency of establishing a port of entry or delivery at Michigan city,

Resolved , That the Committee on Commerce be instructed to inquire into the expediency of making an additional appropriation for the construction of a breakwater at Michigan city.

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

Resolved , That the Committee on Commerce be instructed to inquire into the expediency of making an additional appropriation for deepening the channel near the mouth of the Pascagoula river, in the State of Mississippi; and, also, for making an appropriation for a survey of the channel of Pearl river, in the same State, near the mouth of said river, with a view to a removal of the obstructions in the same.

Resolved , That the Committee on Commerce be instructed to inquire into the expediency of making an appropriation for a survey of the harbor of the city of Natchez, with a view to the improvement of said harbor.

Resolved , That the Committee on the Judiciary be instructed to inquire into the expediency of increasing the salary of the district judge of the United States for the State of Mississippi, and of changing the time of holding the sessions of said court.

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

Resolved , That the Committee on Public Lands be instructed to inquire into the expediency of surrendering to the State of Missouri that portion of the public lands situated in the counties of Cape Girardeau, Scott, New Madrid, Stoddard, and Wayne, which have been reported by the deputy surveyor to the Surveyor General as not worth the expense of survey; which surrender shall be on condition that all moneys arising from the sale of said lands be expended, under the direction of the Legislature of the State of Missouri, for the purposes of draining, preventing inundations, making canals, and removing obstructions to the navigation of such water-courses as make their way through said lands.

Resolved , That the Committee of Claims inquire into the expediency of making an appropriation to compensate Augustus Jones, marshal of the state of Missouri, for his extraordinary and successful exertions rendered 0085 85 the public, in detecting and breaking up certain bands of counterfeiters who were flooding the country with spurious money.

Resolved , That the Committee on the Judiciary be instructed to inquire into the expediency of increasing the salary of the district judge of the United States court for the district of Missouri.

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

Resolved , That the 47th rule of the Senate be amended as follows:

After “country,” insert “ or who have received medals by a vote of Congress .”

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

Resolved , That the Committee on Commerce be instructed to inquire into the expediency of repealing the laws which impose twenty cents a month upon seamen as hospital money.

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

Resolved , That the Committee on Military Affairs be instructed to inquire into the expediency of making provision by law for constructing suitable, fortifications in Portland harbor, at the mouths of the Kennebec, Penobscot, and St. Croix rivers, and at any other points on the coast or interior frontier of the State of Maine requiring works of defence.

The Senate resumed, as in Committee of the Whole, Mr. King, of Alabama, in the chair, the bill (S. 81) to admit the State of Michigan into the Union, upon an equal footing with the original States.

After debate,

A motion was made by Mr. Calhoun that the Senate adjourn; and

It was determined in the negative,

Yeas, 16,

Nays, 22.

On motion by Mr. Benton,

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

Those who voted in the affirmative, are,

Messrs. Bayard, Calhoun, Clay, Crittenden, Davis, Ewing of Ohio, Kent, Knight, Moore, Morris, Prentiss, Preston, Robbins, Southard, Swift, White.

Those who voted in the negative, are,

Messrs. Benton, Brown, Buchanan, Dana, Fulton, Grundy, Hendricks, Hubbard, King of Alabama, King of Georgia, Linn, Nicholas, Niles, Rives, Robinson, Ruggles, Sevier, Strange, Tipton, Walker, Wall, Wright.

A motion was made by Mr. Morris to amend the preamble to the bill, by striking out the article “a,” in the 6th line, after the word “expressed,” and inserting the following: And whereas it appears, by the message of the President of the United States communicated to the Senate on the 27th of December, 1836, that, in the month of November preceding, he received a communication enclosing the official proceedings of a convention assembled at Ann Arbor, in Michigan, on the 26th of September; 1836, and that convention was elected by the people of Michigan, pursuant to an act of the State Legislature, passed on the 25th of July last, in consequence of the act of Congress of the 15th of June, 1836, and that it declined giving its assent to the fundamental condition prescribed 0086 86 by Congress, but rejected, the same; and it further appears by the message aforesaid, that, on the 24 th of December , 1836, the President had presented to him the proceedings of another convention of delegates, elected by the people of Michigan on the 5 th and 6 th days of December , 1836, by elections held in all the counties of the State except two, and which convention assembled on the 14 th day of December aforesaid, and on the following day the assent of the body to the fundamental condition in the act of Congress of the 15 th of July , 1836, referred to said message, was formally given; and it further appears from the message aforesaid, that this latter convention was not held or elected by virtue of any act of the Territorial or State Legislature, that it originated from the people themselves, and was chosen by them in pursuance of resolutions adopted in previous assemblies held in, the respective counties, and which latter:

And insert, in the 11th line, after “act:” and the President of the United States, not having issued his proclamation, as provided in the third section of the act of Congress aforesaid .

After debate,

On motion by Mr. Wall,

That the Senate adjourn,

It was determined in the negative,

Yeas, 19,

Nays, 19.

On motion by Mr. Sevier,

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

Those who voted in the afirmative, are,

Messrs. Bayard, Brown, Calhoun, Clay, Crittenden, Davis, Ewing of Ohio, Kent, King of Alabama, Knight, Moore, Morris, Nicholas, Niles, Preston, Southard, Swift, Wall, White.

Those who voted in the negative, are,

Messrs, Benton, Buchanan, Dana, Fulton, Grundy, Hendricks, Hubbard, King of Georgia, Linn, Page, Rives, Robinson, Ruggles, Sevier, Strange, Tallmadge, Tipton, Walker, Wright.

A motion was then made by Mr. Ewing, of Ohio, that the Senate adjourn; and

It was determined in the affirmative,

Yeas, 21,

Nays, 17.

On motion by Mr. Benton,

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

Those who voted in the affirmative, are,

Messrs. Bayard, Brown, Calhoun, Clay, Crittenden, Davis, Ewing of Ohio, Kent, King of Alabama, Knight, Linn, Moore, Morris, Nicholas, Niles, Preston, Southard, Strange, Swift, Wall, White.

Those who voted in the negative, are,

Messrs. Benton, Buchanan, Dana, Fulton, Grundy, Hendricks, Hubbard, King of Georgia, Page, Rives, Robinson, Ruggles, Sevier, Tallmadge, Tipton, Walker, Wright.

So,

The Senate adjourned.

WEDNESDAY, January 4, 1837. Link to Annals.

The Vice President communicated a report of the Secretary of the Treasury, showing the measures adopted by the Department since the 1st instant, in compliance with the 13th section of the act regulating the deposites of the public money; which was read.

The Vice President also communicated a letter of the Secretary of the Navy, transmitting sixty copies of the Naval Register, for the members of the Senate; which was read.

On motion by Mr. Kent,

Ordered , That the memorial of Somerville Pinkney, executor of J. Williams, on the files of the last session, be referred to the Committee on the Judiciary.

Mr. Tomlinson presented the petition of Walter Loomis and Abel Gay, praying compensation for extra work and labor on the Cumberland road; which was referred to the Committee of Claims.

Mr. Linn presented the petition of Merriwether Lewis Clark, praying the confirmation of the claim of the legal representatives of Philip Rivierre to a tract of land; which was referred to the Committee on Private Land Claims.

Mr. Hendricks presented the petition of a great number of the citizens of Indiana, praying the aid of the General Government in the construction of the Jeffersonville Ohio Canal; which was referred to the Committee on Roads and Canals.

Mr. Rives presented the memorial of the Marine Insurance Company of Alexandria, praying indemnity for losses sustained in consequence of illegal seizures and captures of American property under orders of the French Government previous to 1800.

Mr. Dana presented the petition of a number of the inhabitants of East Baldwin, Sebago, South Bridgton, Sweden, and Lovell, in Maine, praying the establishment of a mail route; which was referred to the Committee on the Post Office and Post Roads.

Mr. Parker presented the petition of William B. Goodwin, son and heir of F. L. Goodwin, a surgeons' mate in the revolutionary war, praying the commutation pay to which his father was entitled; which was referred to the Committee on Revolutionary Claims.

Mr. King, of Alabama, presented the petition of Susan Marlow; also, the petition of Samuel Smith, Lynn McGhee, and Semoice, praying an amendment to the acts passed at the last session, so as to enable them to locate lands to which they are entitled, in legal subdivisions; which were severally referred to the Committee on Private Land Claims.

Mr. Benton, from the Committee on Military Affairs, to whom was referred the resolution of the Legislature of the State of Mississippi in relation to a military depot at or near Columbus, submitted a report; which was read, and ordered to be printed.

Mr. Kent, from the Committee on the District of Columbia, to whom was referred a petition of the Board of Health of the city of Washington, reported a bill (S. 95) to authorize the erection of an hospital in the city of Washington, and for other purposes; which was read, and passed to the second reading.

0088 88

Mr. Tomlinson, from the Committee on Pensions, to whom was referred the petition of John McCloud, reported a bill (S. 96) for his relief; which was read, and passed to the second reading.

On motion by Mr. Tomlinson,

Ordered , That the Committee on Pensions be discharged from the further consideration of the petition of John Gould.

Mr. Linn, from the Committee on Private Land Claims, to whom was referred “a bill (S. 44) to continue in force the act for the final adjustment of private land claims in Missouri,” approved July 9, 1832, and the act supplemental thereto, approved March 2, 1833, reported the same without amendment. He also submitted a report on the subject; which was ordered to be printed.

On motion by Mr. Sevier,

Ordered , That the Committee on Pensions be discharged from the further consideration of the petition of John Hagey.

Mr. Sevier, from the Committee on Private Land Claims, to whom was referred the bill (S. 49) to provide for the legal adjudication and settlement of the claims to land under the grants or concessions made to the Baron Bastrop, the Marquis de Maison Rouge, and others, in Louisiana, and Elisha, William, and Gabriel Winters, or either of them, in Arkankas, reported the same with amendments; which were ordered to be printed.

On motion by Mr. Linn,

Ordered , That the Committee on Private Land Claims be discharged from the further consideration of the petition or John McDonell; and that the said petition be referred to the Committee of Claims.

Mr. Kent, from the select committee to whom was referred the petition of Boyd Reilly, reported a bill (S. 97) to purchase the right to use the apparatus invented and patented by Boyd Reilly, for applying gas or vapor to the human body, in the naval and military service, in the hospitals, and in the penitentiary of the United States; which was read, and passed to the second reading.

On motion by Mr. Kent,

Ordered , That the report of the committee of the last session, on the petition of Boyd Reilly, be printed.

Agreeably to notice, Mr. Davis asked and obtained leave to bring in a bill (S. 98) for the relief of the owners of the brig Despatch and cargo; which was read the first and second times by unanimous consent, and referred to the Committee on Commerce.

Agreeably to notice, Mr. Davis asked and obtained leave to bring in a bill (S. 99) providing for the final settlement of the claims of States upon the United States, for interest on payments or advances made during the last war; which was read the first and second times by unanimous consent, and referred to the Committee on Finance.

Agreeably to notice, Mr. Rives asked and obtained leave to bring a bill (S. 100) to authorize the Secretary of the Treasury to make certain advances to the Secretary of the Navy, on account of the navy pension fund; which was read the first and second times by unanimous consent, and referred to the Committee on Naval Affairs.

On motion by Mr. Hubbard,

Ordered , That the Committee on Pensions be discharged from the further consideration of the petition of Samuel Dean.

0089 89

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

Resolved , That the Committee on the Judiciary be instructed to inquire into the expediency of constituting a board of commissioners, to be denominated commissioners claims, whose duty it shall be to hear and examine all claims against the United States which may require the special legislation of Congress, and report the facts proved, with their opinion thereon, to Congress.

The Senate proceeded to consider the report of the Committee of Claims on the petition of John Forsyth; and,

On motion by Mr. King, of Georgia,

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

The resolution (S. 3) to authorize the joint Library Committee to procure certain laws and journals, was read the second time, and considered as in Committee of the Whole.

On motion by Mr. Preston,

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

Mr. King, of Georgia, submitted certain documents relating to the bill (S. 84) for giving effect to the 8th article of the treaty of 1819 with Spain; which were ordered to be printed.

The Senate resumed, as in Committee of the Whole, the consideration of the bill (S. 81) to admit the State of Michigan into the Union upon an equal footing with the original States, together with the amendment proposed to the preamble of the bill by Mr. Morris; and,

On the question to agree to the said amendment,

It was determined in the negative,

Yeas, 18,

Nays, 23.

On motion by Mr. Grundy,

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

Those who voted in the affirmative, are,

Messrs. Bayard, Black, Calhoun, Clay, Crittenden, Davis, Kent, King of Georgia, Knight, Moore, Morris, Prentiss, Preston, Robbins, Sevier, Southard, Swift, White.

Those who voted in the negative, are,

Messrs. Benton, Brown, Buchanan, Dana, Fulton, Grundy, Hendricks, Hubbard, King of Alabama, Linn, Nicholas, Niles, Page, Parker, Rives, Robinson, Ruggles, Strange, Tallmadge, Tipton, Walker, Wall, Wright.

On motion by Mr. Southard to strike out the preamble to the bill, as follows:

Whereas, in pursuance of the act of Congress of June the fifteenth, eighteen hundred and thirty-six, entitled “An act to establish the northern boundary of the State of Ohio, and to provide for the admission of the State of Michigan into the Union upon the conditions therein expressed,” a convention of delegates, elected by the people of the said State of Michigan for the sole purpose of giving their assent to the boundaries of the said State of Michigan as described, declared, and established, in and by the said act, did, on the fifteenth of December, eighteen hundred and thirty-six, assent to the provisions of said act: therefore—

It was determined in the negative,

Yeas, 16,

Nays, 25.

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On motion by. Mr. Grundy,

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

Those who voted in the affirmative, are,

Messrs. Bayard, Black, Calhoun, Clay, Crittenden, Davis, Kent, Knight, Moore, Morris, Prentiss, Preston, Robbins, Southard, Swift, White.

Those who voted in the negative, are,

Messrs. Benton, Brown, Buchanan, Dana, Fulton, Grundy, Hendricks, Hubbard, King of Alabama, King of Georgia, Linn, Nicholas, Niles, Page, Parker, Rives, Robinson, Ruggles, Sevier, Strange, Tallmadge, Tipton, Walker, Wall, Wright.

On motion by Mr. Calhoun to amend the bill, by striking out the preamble, and the first section of the bill, in the following words: “That the State of Michigan shall be one, and is hereby declared to be one of the United States of America, and admitted into the Union on an equal footing with the original States, in all respects whatever;” and to insert, in lieu thereof, after the enacting clause, the following: “That so much of the act of the 15th of June last, 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,’ as prescribes the condition of admission contained in the 3d section of said act, be, and the same is hereby, repealed; and that the State of Michigan be, and is hereby, admitted into the Union upon an equal footing with the original States, in all respects whatever”—

A motion was made by Mr. Calhoun that the Senate adjourn; and

It was determined in the negative,

Yeas, 13

Nays, 24.

On motion by Mr. Calhoun,

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

Those who voted in the affirmative, are,

Messrs. Bayard, Black, Calhoun, Davis, Kent, King of Georgia, Knight, Moore, Parker, Prentiss, Robbins, Southard, Swift.

Those who voted in the negative, are,

Messrs. Benton, Brown, Buchanan, Dana, Fulton, Grundy, Hendricks, Hubbard, King of Alabama, Linn, Nicholas, Niles, Page, Rives, Robinson, Ruggles, Sevier, Strange, Tallmadge, Tipton, Walker, Wall, White, Wright.

The question recurring on agreeing to the amendment proposed by Mr. Calhoun,

It was determined in the negative,

Yeas, 12,

Nays, 25.

On motion by Mr. Calhoun,

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

Those who voted in the affirmative, are,

Messrs. Bayard, Calhoun, Davis, Kent, Knight, Moore, Morris, Prentiss, Robbins, Southard, Swift, White.

Those who voted in the negative, are,

Messrs. Benton, Brown, Buchanan, Dana, Fulton, Grundy, Hendricks, Hubbard, King of Alabama, King of Georgia, Linn, Nicholas, Niles, Page, Parker, Rives, Robinson, Ruggles, Sevier, Strange, Tallmadge, Tipton, Walker, Wall, Wright.

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No amendment having been made to the bill, it 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, 27,

Nays, 4.

On motion by Mr. Grundy,

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

Those who voted in the affirmative, are,

Messrs. Benton, Brown, Buchanan, Dana, Fulton, Grundy, Hendricks, Hubbard, King of Alabama, King of Georgia, Knight, Linn, Nicholas, Niles, Page, Parker, Rives, Robinson, Ruggles, Sevier, Strange, Tallmadge, Tipton, Walker, Wall, White, Wright.

Those who voted in the negative, are,

Messrs. Bayard, Calhoun, Davis, Prentiss.

The Senate then adjourned.

THURSDAY, January 5, 1837. Link to Annals.

The Vice President communicated a letter of the honorable Alexander Porter, announcing his having resigned the place of Senator in Congress for the State of Louisiana; which was read.

Mr. Kent presented the memorial of a number of the importers of hardware in the city of Baltimore, praying a modification of the second section of the tariff act of July 14, 1832; which was referred to the Committee on Manufactures.

Mr. Kent presented a memorial signed by a number of the citizens of Alexandria, District of Columbia, praying that the municipal authority of that place may be restrained, by law, from the exercise of an unlimited power to subscribe to works of internal improvement; which was refer-to the Committee on the District of Columbia.

Mr. Robinson presented the petition of Benjamin Harris, of Illinois, praying permission to locate a pre-emption certificate on any unappropriated public land in Illinois or Wisconsin; which was referred to the Committee on Public Lands.

Mr. Linn presented the petition of Job Wood, of Virginia, paying that he may be placed on the list of revolutionary pensioners; which was referred to the Committee on Pensions.

Mr. Linn presented the petition of Jean Baptiste Vallé, of Missouri, assignee of Elizabeth Petchata, praying permission to locate a half section of land on any of the public lands in the State of Indiana, in lieu of one granted to her.

Mr. Sevier presented a resolution of the General Assembly of the State of Arkansas, requesting the Senators and Representatives of the said State, in Congress, to use their exertions to procure the passage of a law authorizing the appointment of commissioners to view and mark out a road from St. Louis to Little Rock, and thence to Fulton, on Red river; which was referred to the Committee on Roads and Canals.

Mr. Sevier presented a resolution of the General Assembly of the State of Arkansas, instructing the Senators and requesting the Representatives of the said State, in Congress, to procure, if practicable, the 0092 92 passage of a law to change the locations selected for a seminary of learning; which was referred to the Committee on Public Lands.

Mr. Tallmadge presented the petition of Peter Smith, of New York, praying arrears of pension; which was referred to the Committee on Pensions.

Mr. Prentiss presented the petition of Cephas Carpenter, of Vermont, praying relief in consideration of his services and exposure during the late war with Great Britain; which was referred to the Committee on Pensions.

On motion by Mr. Southard,

Ordered , That the memorial of the heirs of Major Caleb Swan, on the files of the last session, be referred to the Committee of Claims; and that the petition of Bernard O'Donnell, on the files of the last session, be referred to the Committee on Naval Affairs.

Mr. Hubbard presented the petition of Ruth Cogswell, widow of Thomas Cogswell, an officer in the revolutionary army, praying a grant of the pension to which her husband would have been entitled had he lived until the passage of the pension act of 1818; which was referred to the Committee on Pensions.

Mr. Fulton presented a preamble and resolution of the Legislature of the State of Arkansas, instructing the Senators of the said State, in Congress, “to use their best efforts to procure the expurgation” from the Journal of the Senate, the resolution passed the 28th of March, 1834; which were ordered to be printed.

Mr. Hubbard presented the petition of Parker Cole, of New Hampshire, a soldier of the revolutionary war, praying arrears of pension; which was referred to the Committee on Pensions.

Mr. Grundy, from the Committee on the Judiciary, to whom was referred the bill (S. 72) to extend for a longer period the several acts now in force for the relief of certain insolvent debtors of the United States, reported the same without amendment.

On motion by Mr. Prentiss,

Ordered , That the Committee on Pensions be discharged from the further consideration of the petition of William Davis.

On motion by Mr. Wright,

Ordered , That the Committee on Finance be discharged from the further consideration of the petition of certain umbrella manufacturers of Philadelphia, presented the 14th December, 1836.

Mr. Davis, from the Committee on Commerce, to whom was referred the petition of Thomas H. Perkins and others, reported a bill (S. 101) for their relief; which was read, and passed to the second reading. He also submitted a report on the subject; which, with the accompanying documents, was ordered to be printed.

Mr. King, of Alabama, from the Committee on Commerce, to whom were referred certain memorials on the subject of custom-houses, reported a bill (S. 102) to provide for the erection and repair of customhouses; which was read, and passed to the second reading.

On motion by Mr. Kent,

Ordered , That the executors of John Donnell have leave to withdraw, their memorial and documents.

0093 93

On motion by Mr. King, of Alabama, and by unanimous consent,

Resolved , That the Committee on Finance be instructed to inquire, into the propriety of authorizing the Secretary of the Treasury to pay equitable commissions to the attorneys of persons, the sums awarded to whom under the treaty with France, were taken for debts due by them to the United States.

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

Resolved , That the Committee on Private Land Claims be instructed to inquire into the propriety of confirming the report of the register and receiver of the land office at St. Stephen's, in the State of Alabama, acting as commissioners under the authority of the 3d section of an act of Congress passed the 2d March, 1829, recommending for confirmation the title of Andrew Demetry to lands on the bay of St. Louis; which report was made on the 16th February, 1834.

On motion by Mr. Nicholas,

Ordered , That the report of the register and receiver of the land office at St. Helena, relating to the title of Andrew Demetry, be referred to the Committee on Private Land Claims.

The Vice President communicated a report of the Secretary of the Navy, made in compliance with the act of the 20th April, 1818, exhibiting the names and respective compensations of the clerks employed during the year 1836, in the offices of the Secretary of the Navy, and Navy Commissioners; which was read.

The Vice President also communicated a letter of the Secretary of the Navy, accompanied by a report of the Board of Navy Commissioners, made in obedience to a resolution of the Senate of the 25th June, 1836, in relation to a naval establishment on the waters of the Narragansett bay; which letter and report were read.

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

Mr. President: The House of Representatives have, in pursuance of the joint rules of the two Houses of Congress, appointed a committee on their part, on enrolled bills, consisting of Mr. Hall, of Maine, and of Mr. Briggs, of Massachusetts.

The bill (S. 81) to admit the State of Michigan into the Union upon an equal footing with the original States, 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 25,

Nays 10.

On motion by Mr. Benton,

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

Those who voted in the affirmative present, are,

Messrs. Benton, Brown, Buchanan, Dana, Fulton, Grundy, Hendricks, Hubbard, King of Alabama, King of Georgia, Linn, Nicholas, Niles, Page, Parker, Rives, Robinson, Sevier, Strange, Tallmadge, Tipton, Walker, Wall, White, Wright.

Those who voted in the negative, are,

Messrs. Bayard, Calhoun, Clay, Crittenden, Davis, Kent, Moore, Prentiss, Southard, Swift.

0094 94

So it was

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 Senate then adjourned.

FRIDAY, January 6, 1837. Link to Annals.

The Vice President communicated a report of the Secretary of the Treasury, made in obedience to the sixth section of the act of Congress entitled “An act fixing the compensation of public ministers and of consuls residing on the coast of Barbary, and for other purposes;” which was read.

Mr. White presented the petition of Samuel Martin, praying the imposition of certain duties on coarse linens and flax imported; which was referred to the Committee on Manufactures.

Mr. Tomlinson presented the memorial of De Forest Manice, of New York, praying that the duties paid by him on the importation of certain goods, in the year 1833, may be refunded; which was referred to the Committee on Finance.

Mr. Rives presented the memorial of Gaetano Carusi, praying remuneration for services performed, and losses incurred, under a contract with the Government of the United States, entered into in the year 1805, to form a band of music; which was referred to the Committee on Naval Affairs.

Mr. Buchanan presented a memorial of a number of the citizens of Philadelphia, praying the erection of a court-house and Penitentiary in that place, for the use of the United States; which was referred to the Committee on the Judiciary.

Mr. Brown presented a memorial of Joseph B. Hinton, administrator and heir at law of Covington Simkins, praying indemnification for the illegal capture and condemnation of American property, under the authority of France, prior to the year 1800; which was referred to the Committee on Foreign Relations.

Nr. Clay presented the petition of John McLean, praying the confirmation of his claim to an unsurveyed island in the river Mississippi, adjacent to his plantation, in consideration of the damage to which his property is subjected from the current of that river; which was referred to the Committee on Public Lands.

On motion by Mr. Kent,

Ordered , That the memorial of the Franklin Insurance Company of the city of Washington, on the files of the Senate, be referred to the Committee on the District of Columbia.

On motion by Mr. Tallmadge,

Ordered , That the Committee on Naval Affairs be discharged from the further consideration of the petition of Frederick Boyer.

On motion by Mr. Rives,

Ordered , That the Committee on Naval Affairs be discharged fron the further consideration of the petition of Jesse E. Dow.

Mr. Nicholas, from the Committee on Naval Affairs, to whom was referred the bill (S. 65) for the relief of Commodore Isaac Hull, reported it without amendment.

0095 95

Mr. Nicholas, from the Committee on Naval Affairs, to whom was referred the petition of Charles G. Hunter, reported a bill (S. 103) for his relief; which was read, and passed to the second reading.

On motion by Mr. Robbins,

Ordered , That the report of the Secretary of the Navy, of the 5th instant, in relation to a naval establishment on the waters of the Narragansett bay, be printed, and that five hundred additional copies be sent to the Senate.

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

Resolved , That the Secretary of the Treasury be directed to report to the Senate, as early as practicable, the undrawn appropriations on the first day of January instant, with the date of the acts making such appropriations.

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

Resolved , That the Committee on Public Lands be instructed to inquire into the expediency of establishing a Surveyor General's office in the State of Indiana.

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

Resolved , That the Committee of Claims be instructed to inquire into the expediency of making compensation to James Points, marshal of the western district of Virginia, for extraordinary services rendered by him in detecting and apprehending a band of counterfeiters.

Resolved , That the Committee on the Judiciary be instructed to inquire into the expediency of increasing the salary of the district judge for the eastern district of Virginia.

Resolved , That the Committee on the Judiciary be instructed to inquire into the expediency of making additional provision by law for the compensation of the clerks of the frederal courts held at Richmond and Norfolk, in the State of Virginia.

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

Resolved , That the Committee on Pensions be instructed to inquire into the expediency of providing by law for extending the provisions of the act of the last session, giving pensions to widows in certain cases, so as to embrace the widows now living of all soldiers and officers of the Revolution who would have been entitled to pensions under the act of June 7, 1832.

On motion by Mr. Linn,

Ordered , That a member he added to the Committee on Private Land Claims, to supply the vacancy occasioned by the resignation of the honorable Alexander Porter.

It was agreed that the appointment be made by the Vice President; and

The honorable Mr. Strange was appointed.

On motion by Mr. King, of Alabama,

Ordered , That a committee he appointed on enrolled bills, in pursuance of the 7th joint rule.

It was agreed that the Vice President appoint the committee; and

Mr. Bayard and Mr. Dana were appointed accordingly.

0096 96

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

The Senate proceeded to consider the report of the Committee on Revolutionary Claims, on the petition of samuel Matthews; and, in concurrence therewith,

Resolved , That the Claim of the legal representatives of Thomas Matthews, for commutation, on account of the services of the said Thomas Matthews in the revolutionary war, be rejected.

Agreeably to notice, Mr. Crittenden asked and obtained leave to bring in a bill (S. 104) for the relief of the widows and orphans of the officers, seamen, and marines of the United States schooner Wildcat; which was read the first and second times by unanimous consent, and referred to the Committee on Naval Affairs.

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

Mr. President: The House of Representatives have passed a bill (H. R. 401) “for the relief of Robert P. Letcher and Thomas P. Moore;” in which they request the concurrence of the Senate.

Mr. Bayard reported from the committee that they had examined and found duly enrolled the bill (H. R. 751) entitled “An act to regulate in certain cases, the disposition of the proceeds of lands ceded by Indian tribes to the United States;” also, the act (H. R. 752) making appropriations for the suppression of Indian hostilities.

The Senate resumed, as in Committee of the Whole, the resolution (S. 1) to rescind the Treasury order of the 11th day of July, 1836, and to make uniform the currency receivable for the public revenue; and, after debate,

On motion by Mr. Wright,

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

The Senate proceeded to consider, as in Committee of the whole, the bill (H. R. 529) supplementary to the act entitled “An act establishing a mint, and regulating the coins of the United States,” together with the amendment reported thereto; and the said amendment having been agreed to, the Vice President reported the bill to the Senate, and the amendment was concurred in.

Ordered , That the amendment be engrossed, and the bill read a third time.

The bill (S. 82) for the relief of captain Samuel Warren, was read the second time, and considered as in Committee of the Whole; and no amendment being made thereto, it was reported to the Senate.

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

On motion by Mr. Clay,

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

After the consideration of Executive business,

The Senate adjourned.

MONDAY, January 9, 1837. Link to Annals.

The Vice President presented the credentials of the honorable Samuel Prentiss , appointed a Senator by the Legislature of the State of Vermont, for the term of six years from the 4th day of March next; which were read.

Mr. Calhoun presented, the credentials of the honorable William C. Preston , elected a Senator by the Legislature of the State of South Carolina, for the term of six years from the 4th day of March next; which were read.

The Vice President communicated a report of the Secretary of State, exhibiting the names and respective compensations of the clerks in that Department during the year 1836; which was read.

The Vice President communicated a report of the Secretary of War, made in obedience to the act of March 3, 1809, showing the expenditure of the appropriation for the contingent expenses of the military establishment for the year 1836; which was read.

The Vice President also communicated a memorial of the General Assembly of the State of Tennesse, representing the claims of the militia and volunteers who have been called upon to serve their country during the campaigns in Florida, to an equitable remuneration for their actual losses and sacrifices.

On motion by Mr. Grundy,

Ordered , That the memorial be printed, and, with the accompanying papers, referred to the Committee on Military Affairs.

Mr. Webster presented the petition of George Frazer, of Massachusetts, praying to be allowed the bounty on the tonnage of a vessel fitted out for the cod-fishery, notwithstanding her loss at sea; which was referred to the Committee on Commerce.

Mr. Tomlinson presented the petition of Nathaniel Perry, of Connecticut, praying arrears of pension; which was referred to the Committee on Pensions.

Mr. Wright presented the memorial of Luigi Persico, praying compensation for services connected with the execution of two statues for the use of the United States; which was referred to the Committee on Finance.

On motion by Mr. Knight,

Ordered , That the memorial of a number of merchants, ship-owners, and ship-masters, of Providence, Rhode Island, on the files of the Senate, praying the erection of dolphins and buoys, be referred to the Committee on Commerce.

Mr. Nicholas presented the memorial of a number of the merchants of New Orleans, praying the extension of the port of New Orleans the upper boundary of Jackson street, Fauxbourg Lafayette; which was referred to the Committee on Commerce.

Mr. Buchanan presented the memorial of the Chamber of Commerce of the city of Philadelphia, praying the extension of the time for the production of the certificates of coastwise transportation; which was referred to the Committee on Commerce. 7

0098 98

Mr. Buchanan presented the memorial of H. Colhoun, jr., and others, praying an appropriation for the improvement of the Alleghany river; which was referred to the Committee on Roads and Canals.

Mr. Tipton presented the petition of William Evans; the petition of John Crute; the petition of William Wallace; the petition of the heirs of Philip Stewart; the petition of the heirs of Clement Seawell, deceased; the petition of the heir of Robert White, deceased; the petition of the widow of Mordecai Hale; and the petition of the Widow of William Barton; severally praying pensions, which were discontinued or withheld under the act of the 15th of May, 1828; which petitions were respectively referred to the Committee on Pensions.

Mr. Bayard presented the petition of William Arnel, praying compensation for a house occupied for military purposes, and destroyed while thus occupied, during the revolutionary war; which was referred to the Committee on Revolutionary Claims.

On motion by Mr. Rives,

Ordered , That the memorial of S. Warrington, on the files of last session, be referred to the Committee on Naval Affairs.

Mr. Tallmadge presented the petition of a number of the citizens of New York, praying a survey of the river Hudson, from the termination of the tide-water to the city of New York, the removal of obstructions in its channel, and the erection therein of buoys and beacons; which was referred to the Committee on Commerce.

On motion by Mr. Hubbard,

Ordered , That the petition of James Day and Thomas E. Oliver, guardians of the infant children of Joseph Akerson, be referred to the Committee on Naval Affairs.

On motion by Mr. Hubbard,

Ordered , That the petition of Mary Perkins and others, widows of certain deceased pensioners, presented during the last session, be referred to the Committee on Naval Affairs.

Mr. Preston presented the memorial of Milledge Galphin, executor of Thomas Galphin, praying the payment of a debt due by the Cherokee Indians, and confirmed by treaty stipulations; which was referred to the Committee on Indian Affairs.

Mr. Grundy, from the Committee on the Judiciary, to whom was referred the memorial of the marshal of the southern district of New York, respecting the erection of a court-house, reported the following resolution; which was read:

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

Mr. Grundy, from the Committee on the Judiciary, to whom was referred the memorial of a number of the citizens of Philadelphia, praying the erection of a court-house and penitentiary, reported the following resolution; which was read:

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

Mr. Walker, from the Committee on Public Lands, to whom was referred the bill (S. 7) to advance to each of the States of Alabama and Mississippi one million of dollars, chargeable upon the two per cent. fund of said States respectively, to be appropriated by said States towards the construction of a railway from Brandon, Mississippi, to Cahaba, Alabama, reported the same without amendment.

0099 99

Mr. Walker, from the Committee on Public Lands, to whom was referred the bill (S. 26) to extend the time for issuing scrip on United States military land warrants, reported the same with an amendment; which was read.

Mr. Walker, from the Committee on Public Lands, to whom was referred the bill (S. 35) authorizing the relinquishment of the sixteenth sections, granted for the use of schools, and the entry of other lands in lieu thereof, reported the same with an amendment; which was read,

Mr. Walker, from the Committee on Public Lands, to whom was referred the petition of certain inhabitants of Washington county, Mississippi, reported a bill (S. 105) for the relief of Andrew Knox; which was read, and passed to the second reading.

Mr. Walker, from the Committee on Public Lands, to whom was referred the bill (H. R. 760) entitled “An act for the relief of Norman Holt,” reported it with an amendment; which was read.

On motion by Mr. Crittenden,

Ordered , That the Committee on Revolutionary Claims be discharged from the further consideration of the petition of the heirs of Lieutenant Colonel Uriah Forrest; of the petition, of the representative of Benjamin Harrison; of the petition of Roger Stayner; and of the petition of Joseph Blackwell; and that Roger Stayner have leave to withdraw his petition.

On motion by Mr. Brown,

Ordered , That the Committee on Revolutionary Claims be discharged from the further consideration of the petition of the heirs of Joseph Blackwell; also, from the further consideration of the memorial of the heirs of Jacob Hall.

Mr. White, from the Committee on Indian Affairs, to whom was referred a bill (S. 9) for the relief of John McCartney, reported it without amendment.

Mr. Benton, from the Committee on Military Affairs, to whom was referred the bill (S. 5) to increase the present military establishment of the United States, reported it with amendments; which were read.

On motion by Mr. Morris,

Ordered , That the Committee on the Judiciary be discharged from the further consideration of the petition of John J. Roane.

Mr. Morris, from the Committee on the Judiciary, to whom was referred the bill (S. 24) for the relief of George F. Strother, reported it without amendment.

Mr. Hubbard, from the Committee on Revolutionary Claims, to whom was referred the documents relating to the claim of Benjamin Jones Porter, reported a bill (S. 108) for his relief; which was read, and passed to the second reading.

Mr. Ruggles, from the select committee, appointed the 19th December, in relation to the Patent Office, submitted a special report, accompanied by a bill (S. 107) in addition to the act to promote the progress of science and useful arts. The bill was read, and passed to the second reading.

Ordered , That the report be printed, and that two thousand additional copies be sent to the Senate.

Agreeably to notice, Mr. Sevier asked and obtained leave to bring in a bill (S. 108) authorizing certain surveys in Florida; which was read 0100 100 the first and second times by unanimous consent, and referred to the Committee on Roads and Canals.

Mr. Linn presented a document relating to the claim of Job Wood; which was referred to the Committee on Pensions.

The amendment to the bill entitled “An act (H. R. 529) supplementary to the act entitled ‘An act establishing a mint, and regulating the coins of the United States,” having been reported by the committee correctly engrossed, the bill was read a third time as amended.

Resolved , That this bill pass, with an amendment.

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

The bill (S. 82) for the relief of Captain Samuel Warren, 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 from the House of Representatives (H. R. 401) for the relief off Robert P. Letcher and Thomas P. Moore, was read, and passed to the second reading.

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

Mr. President: The Speaker of the House of Representatives having signed two enrolled bills, I am directed to bring them to the Senate for the signature of their President.

The House of Representatives have passed a joint resolution (H. R. 17) to authorize the settlement of the account of Orange H. Dibble, in which they request the concurrence of the Senate.

The Vice President signed the following enrolled bills, viz:

H. R. 751. An act to regulate the distribution of the proceeds of lands ceded by Indian tribes to the United States.

H. R. 529. “An act supplementary to the act entitled an act establishing a mint, and regulating the coins of the United States;” and the same were delivered to the committee to be laid before the President of the United States.

The Senate resumed the consideration of the resolution (S. 1) to rescind the Treasury order of the 11th day of July, 1836, and to make uniform the currency receivable for the public revenue; and,

After debate, and the consideration, by unanimous consent, of Executive business,

The Senate adjourned.

TUESDAY, January 10, 1837. Link to Annals.

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

To the Senate of the United States:

Immediately after the passage by the Senate, at a former session, of the resolution requesting the President to consider the expediency of opening negotiations with the Governments of other nations, and particularly with 0101 101 the Governments of Central America and New Granada, for the purpose of effectually protecting, by equitable treaty stipulations with them, such individuals or companies as might undertake to open a communication between the Atlantic and Pacific oceans, by the construction of a ship canal across the isthmus which connects North and South America, and of securing forever, by such stipulations, the free and equal right of navigating such Canal to all such nations on the payment of such reasonable tolls as ought to be established to compensate the capitalists who might engage in such undertaking and complete the work, an agent was employed to obtain information in respect to the situation and character of the country through which the line of communication, if established, would necessarily pass, and the state of the projects which were understood to be contemplated for opening such communication by a canal or a railroad. The agent returned to the United States in September last; and although the information collected by him is not as full as could have been desired, yet it is sufficient to show that the probability of an early execution of any of the projects which have been set on foot for the construction of the communication alluded to, is not so great as to render it expedient to open a negotiation at present with any foreign Government upon the subject.

ANDREW JACKSON.

Washington , January 9, 1837.

The message was read.

The Vice President communicated a report of the Secretary of the Treasury, in relation to the deposite banks which have been selected since the annual report on the finances; and the report was read.

Mr. Bayard reported from the committee that they yesterday presented to the President of the United States the bill (H. R. 751) entitled “An act to regulate, in certain cases, the disposition of the proceeds of the lands ceded by Indian tribes to the United States;” also, the bill (H. R. 752) entitled “An act making appropriations for the suppression of Indian hostilities.”

Mr. King, of Alabama, presented a memorial of the Senate and House of Representatives of the State of Alabama, in favor of a grant of the right of pre-emption to the settlers on the lands ceded by the Cherokee Indians to the United States; and a resolution instructing the Senators and requesting the Representatives of the said State, in Congress, to use their efforts in promoting the object of the memorial.

Ordered , That the memorial and resolution be referred to the Committee on Public Lands.

Mr. King, of Alabama, presented the memorial of the Senate and House of Representatives of the State of Alabama, praying that an agent may be appointed to investigate the nature and extent of the losses sustained by the residents of the country lately occupied by the Creek Indians, and that compensation for the same may be provided by law; which was read, and referred to the Committee on Military Affairs.

On motion by Mr. Tomlinson,

Ordered , That the memorial of Francis Allyn, on the files of the Senate, be referred to the Committee of Claims.

Mr. Tipton presented the petition of a number of the inhabitants of the county of Berrien, Michigan, praying that the right of pre-emption 0102 102 may be extended to them, so far as to include the lands which they now occupy; which was referred to the Committee on Public Lands.

Mr. Kent presented the petition of Margaret Day, widow of Daniel Day, late a pensioner of the United States, praying that the provisions of the act of July 4, 1836, may be extended to her; which was referred to the Committee on Pensions.

Mr. Kent presented the memorial of a number of the citizens of Alexandria, in the District of Columbia, praying an enlargement of the banking capital of said District; which was referred to the Committee on the District of Columbia.

Mr. Buchanan presented the memorial of the Insurance Company of the State of Pennsylvania, and others, praying that the amount awarded to the several claimants of indemnity, under the late treaty with France, may be advanced to them from the public Treasury; which was referred to the Committee on Finance.

Mr. Buchanan presented the petition of Peters, Moore, & Company, of the State of Pennsylvania, praying an equitable remuneration for their services in carrying the mail; which was referred to the Committee on the Post Office and Post Roads.

Mr. Buchanan presented the memorial of a number of individuals who are engaged in various departments of the coal trade, praying that the duty on foreign coal may be reduced only in proportion to a general reduction of duties on other imported articles; which was referred to the Committee on Finance.

Mr. Hubbard presented the petition of Jeremiah Tyler, a soldier in the army of the Revolution, praying an increase of pension; which was referred to the Committee on Pensions.

Mr. Fulton presented the memorial of a number of the citizens of Arkansas, praying the extension of the military road from Fort Smith; which was referred to the Committee on Roads and Canals.

Mr. Fulton presented certain documents relating to the claim of the heirs of the late Peter Craig to a pension; which were referred to the Committee on Pensions.

Mr. Fulton presented certain documents relating to the claim of J. Darneille, to be indemnified for the loss of his improvements on public lands, not now in his possession; which were referred to the Committee of Claims.

Mr. Fulton presented the papers of Flavius Waterman, relating to his claim to a tract of land, in lieu of one relinquished to the United States; which were referred to the Committee on Public Lands.

On motion by Mr. Hubbard,

Ordered , That the Committee of Claims be discharged from the further consideration of the documents relative to the claim of Augustus Jones; from the further consideration of the petition of Caspar W. Wever; from the further consideration of the petition of John Watts; and from the further consideration of the documents relating to the claim of Jeremiah Taylor.

On motion by Mr. Linn,

Ordered , That the Committee on Private Land Claims be discharged from the further consideration of the petition of John Ryley.

0103 103

Mr. Brown, from the Committee on Revolutionary Claims, to whom was referred the petition of the heirs of Dr. John Ramsay, deceased, reported a bill (S. 109) for their relief; which was read, and passed to a second reading.

On motion by Mr. Tipton,

Ordered That the Committee of Claims be discharged from the further consideration of the petition of Martha Bailey and others.

Mr. Niles, from the Committee on Revolutionary Claims, to whom was referred the petition of Eneas Munson, reported a bill (S. 110) for his relief; which was read, and passed to the second reading.

On motion by Mr. Niles,

Ordered , That the Committee on Revolutionary (Claims be discharged from the further consideration of the petition of the heirs of William Pugh.

Mr. Walker, from the Committee on Public Lands, to whom was referred the bill (S. 74) authorizing the Secretary of the Treasury to invest the amount of the two per cent. fund, reserved for making a road or roads leading to the State of Alabama, under the direction of Congress, reported it without amendment.

On motion by Mr. Rives,

Ordered , That William G. Munford have leave to withdraw his petition and papers.

Agreeably to notice, Mr. King, of Alabama, asked and obtained leave to bring in a bill (S. 111) to authorize George Whitman to import an iron steamboat in detached parts, with the necessary machinery, tools, and working utensils therefor, free from duty; which was read, and passed to the second reading.

The said bill was read the second time by unanimous consent.

Ordered , That it be referred to the Committee on Finance, together with the memorial of John T. Lamar, on the files of the last session.

The resolution (H. R. 17) to authorize the settlement of the accounts of Orange H. Dibble, was read.

Ordered , That it pass to a second reading.

Agreeably to notice, Mr. Ewing, of Illinois, asked and obtained leave to bring in a bill (S. 112) providing for the establishment of the Peoria land district in Illinois; which was read the first and second times by unanimous consent, and referred to the Committee on Public Lands.

The bill entitled “An act (H. R. 401) for the relief of Robert P. Letcher and Thomas P. Moore,” was read the second time, and referred to the Committee of Claims.

On motion by Mr. Hubbard,

The Senate proceeded to consider, as in Committee of the Whole, the bill (H. R. 744) entitled “An act to provide for the payment of horses and other property lost or destroyed in the military service of the United States;” and, having been amended, it was reported to the Senate, and the amendment was concurred in.

Ordered , That the amendment be engrossed, and the bill read a third time.

On motion by Mr. Wright,

The Senate proceeded to consider, as in Committee of the Whole, the bill (H. R. 753) making appropriations for the payment of the revolutionary and other pensioners of the United States for the year 1837; 0104 104 and no amendment having been made thereto, it was reported to the Senate.

Ordered , That it be read a third time.

The Senate resumed, as in Committee of the Whole, the consideration of the resolution (S. 1) to rescind the Treasury order of the eleventh day of July, 1836, and to make uniform the currency receivable for the public revenue; and, after debate,

On motion by Mr. Brown,

The Senate adjourned.

WEDNESDAY, January 11, 1837. Link to Annals.

The Vice President communicated a report of the Secretary of the Treasury, accompanied by returns flora the incorporated banks in the District of Columbia, showing the condition of their affairs at the close of the year 1836; which was read, and ordered to be printed.

Mr. Linn presented the petition of John Perry, of the State of Missouri, praying the confirmation of his claim to a tract of land; which was referred to the Committee on Private Land Claims.

Mr. Kent presented the credentials of the honorable John S. Spence, appointed a Senator by the General Assembly of Maryland to supply the vacancy occasioned by the decease of the honorable Robert H. Goldsborough; which were read.

Mr. Kent presented the petition of the heirs of Luke Cannon, praying the bounty, in land, to which he was entitled for revolutionary services.

Mr. Kent presented the petition of Polly Buck, praying the bounty, in land, to which her father, Jesse Cannon, was entitled for revolutionary services.

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

Mr. Preston presented the memorial of a number of the inhabitants of Charleston, South Carolina, praying the passage of an act for the establishment of a navy yard and depot in the harbor of Charleston, upon such site as may be selected by the proper authorities; which was read, and referred to the Committee on Naval Affairs.

Mr. Preston presented the petition of Benjamin F. Hard, praying compensation for his services in carrying the mail; which was referred to the Committee on the Post Office and Post Roads.

On motion by Mr. Prentiss,

Ordered , That the Committee on Pensions be discharged from the further consideration of the petition of the daughter of the late Colonel Abraham Maury; and from the further consideration of the documents in relation to the claim of Lemuel Peterson and Alexander McAllister.

On motion by Mr. Tomlinson,

Ordered , That the Committee on Pensions be discharged from the further consideration of the petition of Peter Smith; and from the further consideration of the petition of Daniel Cilley.

On motion by Mr. Sevier,

Ordered , That the Committee on Pensions be discharged from the further consideration of the petition of Andrew Marschalk.

Mr. Buchanan, from the Committee on Foreign Relations, to whom 0105 105 was referred the petition of Thomas Vowell, submitted a report, accompanied by a resolution,

“That the Committee on Foreign Relations be discharged from the further consideration of the petition of Thomas Vowell, and that it be laid on the table.”

The said resolution was considered and agreed to.

Mr. Hubbard, from the Committee on Pensions, submitted an unfavorable report on the petition of Ward Peck; which was considered; and, in concurrence therewith,

Ordered , That the Committee on Pensions be discharged from the further consideration of the petition.

On motion by Mr. Hubbard,

Ordered , That the said report be printed.

On motion by Mr. Hubbard,

Ordered , That the Committee on Pensions be discharged from the further consideration of the petition of Charles Larrabee; and that the petitioner have leave to withdraw his petition and papers.

Mr. Walker, flora the Committee on Public Lands, to whom was referred the bill (S. 27) providing for the establishment of a surveyor general's office for the State of Illinois, reported the same with an amendment; which was read.

Mr. Walker, from the Committee on Public Lands, who were instructed by a resolution of the Senate to inquire into the subject, reported a bill (S. 113) to create the office of surveyor of public lands in the State of Indiana; which was read, and passed to the second reading.

Mr. Hubbard presented the petition of W. Yeaton, praying the payment of certain unliquidated claims against the United States; which was referred to the Committee of Claims.

Mr. King, of Alabama, from the Committee on Public Lands, to whom was referred a document relating to the claim of Thomas Cannon, reported a bill (S. 114) for his relief; which was read, and passed to the second reading.

Mr. Benton, from the Committee on Military Affairs, to whom was referred a memorial of the corporate authorities of the city of Mobile, reported a bill (S. 115) for their relief; which was read, and passed to the second reading.

Agreeably to notice, Mr. Rives asked and obtained leave to bring in a bill (S. 116) for altering the times of holding the circuit court of the United States for the fifth circuit and district of North Carolina, holden at the city of Raleigh; which was read the first and second times by unanimous consent, and referred to the Committee on the Judiciary.

On motion by Mr. Niles,

Ordered , That William Pugh have leave to withdraw his petition and papers.

On motion by Mr. Prentiss,

Ordered , That the Committee on Pensions be discharged from the further consideration of the petition of William Woodcock.

The Senate proceeded to consider the report of the Committee on Revolutionary Claims, on the petition of the legal representatives of Samuel Claggett; and, in concurrence therewith,

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

0106 106

The Senate proceeded to consider the report of the Committee on Pensions, on the petition of Seth Phelps; 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 Revolutionary Claims, on the petition of the heirs of William Bailey; and, in concurrence therewith,

Resolved , That the claim of the heirs of William Bailey for commutation pay be rejected.

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

Resolved , That the Secretary of War be requested to communicate to the Senate copies of the surveys, estimates, and maps, of Owl's-head harbor and Cobscook bay, taken pursuant to a resolution of the Senate at its last session.

The amendment to the bill (H. R. 744) entitled “An act to provide for the payment of horses and other property lost or destroyed in the military service of the United States,” having been reported by the committee correctly engrossed, the bill was read a third time as amended.

Resolved , That this bill pass with an amendment.

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

The bill (H. R. 753) entitled “An act making appropriations for the payment of the revolutionary and other pensioners of the United States for the year 1837,” was read a third time.

Resolved , That this bill pass.

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

The resolution (H. R. 17) “to authorize the settlement of the accounts of Orange H. Dibble,” was read the second time, and referred to the Committee of Claims.

The Senate resumed, as in Committee of the Whole, the consideration of the resolution (S. 1) to rescind the Treasury order of the 11th day of July, 1836, and to make uniform the currency receivable for the public revenue; and, after debate,

On motion by Mr. Niles,

That the resolution, with the proposed amendment, be referred to the Committee on Public Lands,

It was determined in the affirmative,

Yeas, 22,

Nays, 19.

On motion by Mr. Black,

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

Those who voted in the affirmative, are,

Messrs. Benton, Brown, Buchanan, Dana, Ewing of Illinois, Fulton, Grundy, Hubbard, King of Alabama, King of Georgia, Linn, Niles, Page, Rives, Robinson, Ruggles, Strange, Tallmadge, Walker, Wall, White, Wright.

Those who voted in the negative, are,

Messrs. Bayard, Black, Calhoun, Clay, Crittenden, Davis, Hendricks, Kent, Knight, Moore, Nicholas, Prentiss, Preston, Robbins, Sevier, Swift, Tipton, Tomlinson, Webster.

0107 107

So it was

Ordered , That the resolution and amendment be referred to the Committee on Public Lands.

After the consideration of Executive business,

The Senate adjourned.

THURSDAY, January 12, 1837. Link to Annals.

Mr. Hubbard presented the petition of Hannah Roberts, widow of Jesse Roberts, a soldier in the army of the Revolution, praying a pension; which was referred to the Committee on Pensions.

Mr. Linn presented the petition of certain citizens of Indiana, residing in Michigan city, praying the construction of an artificial harbor at the mouth of Root river; which was referred to the Committee on Commerce.

Mr. Linn presented the petition of certain citizens of Cleaveland, Ohio, praying the construction of an artificial harbor at the mouth of Root river; which was referred to the Committee on Commerce.

Mr. Nicholas presented the memorial of Hezekiah L. Thistle, of Louisiana, praying compensation for the use, by the United States, of a patented improvement in the saddle, calculated for the safe and expeditious transportation of sick or wounded persons; which was referred to the Committee on Military Affairs.

Mr. Grundy, from the Committee on the Judiciary, to whom was referred the bill (S. 116) for altering the times of holding the circuit court of the United States for the fifth circuit and district of North Carolina, holden at the city of Raleigh, reported it without amendment.

On motion by Mr. Grundy,

Ordered , That the Committee on the Judiciary be discharged from the further consideration of the resolution instructing them to inquire into the expediency of causing to be erected at Jackson, in the State of Mississippi, a suitable building for the accommodation of the district court of the United States for that State.

On motion by Mr. Wall,

Ordered , That the Committee on the Judiciary be discharged from the further consideration of the memorial of the executor of J. Williams.

Mr. Wright, from the Committee on Finance, to whom was referred the bill (S. 111) to authorize George Whitman to import an iron steamboat in detached parts, with the necessary machinery, tools, and working utensils therefor, free from duty; reported the same without amendment.

On motion by Mr. Wright,

Ordered , That the Committee on Finance be discharged from the further consideration of the memorial of a number of the citizens of Philadelphia, in relation to the payment of the indemnity under the late treaty with France; and that the memorial be printed.

On motion by Mr. Wright,

Ordered , That the Committee on Finance be discharged from the further consideration of the petition of Luigi Persico; and that the said petition be referred to the Committee of Claims.

Mr. Hubbard, from the Committee of Claims, to whom was referred the bill (H. R. 401) entitled “An act for the relief of Robert P. Letcher and Thomas P. Moore,” reported the same without amendment.

0108 108

On motion by Mr. Hubbard,

Ordered , That the report of the Committee on Roads and Canals, on the petition of Daniel Steenrod, made at the last session, be printed.

Mr. Benton, from the Committee on Military Affairs, to whom was referred the petition of James Smalley, reported a bill (S. 117) for the payment of the Vermont militia for services at the battle of Plattsburg; which was read, and passed to the second reading.

Mr. King, of Alabama, from the Committee on Commerce, to whom was referred the bill (S. 71) to remunerate the captors of the privateer Lydia, reported the same without amendment.

The Senate proceeded to consider, as in Committee of the Whole, the bill (S. 40) to extend the provisions of certain sections therein named of the act of the 23d June, 1836, regulating the deposites, to the money that may be in the Treasury on the 1st of January, 1838; and,

On motion by Mr. Calhoun,

Ordered , That it be postponed to and made the order of the day for Thursday, the 19th instant.

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

Resolved , That the Committee on Military Affairs be instructed to inquire into the propriety of making compensation to the regiment of Kentucky militia that, during the last summer, were duly called for, and required to engage in the military service of the United States, and, after being at considerable expense equipped and prepared for said service, were discharged by order of the President of the United States before they had marched tot Camp Sabine, the point of their destination.

Mr. Crittenden presented a preamble and resolution of the Legislature of Kentucky, in relation to the troops raised under the proclamation of the Governor of Kentucky for Camp Sabine; which, with documents relating to the subject, were ordered to be referred to the Committee on Military Affairs.

Mr. Linn, from the Committee on Private Lands, to whom was referred the petition of Samuel Smith and others, reported a bill (S. 118) to amend an act approved the 2d of July, 1836, for the relief of Samuel Smith, Linn McGhee, and Semoice, Creek Indians; and, also, an act passed the 2d July, 1836, for the relief of Susan Marlow; which was read, and passed to the second reading. He also submitted a report on the subject, which was ordered to be printed.

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

Mr. President: The House of Representatives concur in the amendment of the Senate to the bill (H. R. 529) entitled “An act supplementary to the act entitled ‘An act establishing a mint and regulating the coins of the United States.”

Mr. Dana reported from the committee that they had examined and found duly enrolled the bill (H. R. 529) entitled “An act supplementary to the act entitled ‘An act establishing a mint, and regulating the coins of the United States;” also, the bill (H. R. 753) entitled “An act making appropriations for the payment of the revolutionary and other pensioners of the United States for the year 1837.”

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

Resolved , That the Committee on Roads and Canals be instructed to inquire into the expediency of making appropriation for the completion 0109 109 of the military road from Fort Crawford, by Fort Winnebago, to Fort Howard, at Green bay.

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

Resolved , That the committee appointed to Audit and control the contingent expenses of the Senate, inquire into the necessity of an increase of the number of documents printed for the use of the Senate, denominated “the usual number,” so as to make the same conform to the increased members of the body.

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

Resolved , That the Committee on the Militia be instructed to inquire into the expediency of having printed, at the expense, of the United States, an edition of General Macomb's book on Tactics, &c. sufficient for the supply of each commissioned militia officer in the United States with a copy.

The Senate proceeded to consider the resolution reported by the Committee on the Judiciary, the 9th instant, on the memorial of the marshal of the United States for the Southern district of New York; and agreed thereto.

The Senate proceed to consider the resolution reported by the Committee on the Judiciary on the memorial of the citizens of Philadelphia for a new court-house; and agreed thereto.

On motion by Mr. Tipton,

Ordered , That Martha Bailey and others have leave to withdraw their petition and papers.

Mr. Benton submitted the following motion; which was considered by unanimous consent:

Resolved , That the committee to which the resolution to rescind the Treasury order has been sent, be instructed to inquire into the effect and operation of the Treasury order of July 11 upon the business of the country and the banking institutions of the States; and into the conduct of banks in relation to that order; and into their attempt, if any, to withdraw specie from circulation, and to embarrass the exchange and business of the country; the committee to summon witnesses before them, if any such are near at hand, and to conduct their inquiries at a distance by interrogatories.

On motion by Mr. Benton,

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

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

Resolved , That the Committee on Commerce be instructed to inquire into the expediency of establishing a port of entry or delivery at Fort Wayne.

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

Resolved , That the Committee on Commerce be instructed to inquire into the expediency of establishing a port of entry at Poughkeepsie, in the state of New York.

Resolved , That the Committee on Commerce be instructed to inquire into the expediency of authorizing a survey of the ship-channel of the Hudson river, from the city of New York to the city of Troy, with a view to the erection of beacons, spindles, and of placing buoys at the shoal places or dangerous parts.

0110 110

Resolved , That the Committee on Commerce be instructed to inquire into the expediency of legislating on the subject of pilots on the sea-coasts with power to report by bill or otherwise.

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

Resolved , That the Committee on Commerce be instructed to inquire into the expediency of amending an act to regulate the collection of duties on imports and tonnage, passed the 2d of March, 1823, so as to ensure a proper verification of the invoice of goods subject to an ad valorem duty.

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

Resolved , That the Committee on Indian Affairs be instructed to inquire into the expediency of making appropriation for holding a treaty with the Chippewa Indians, in Wisconsin Territory, for the purchase of their lands.

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

Resolved , That the Committee on Roads and Canals inquire into the expediency of making an appropriation for the construction of a bridge over the Ohio river, from the point where the Cumberland road intersects the river opposite the city of Wheeling, in the State of Virginia.

The following motions, submitted by Mr. Ewing, of Illinois, were considered and agreed to:

Resolved , That the Committee on Commerce be instructed to inquire into the expediency of providing by law for the creation of ports of entry at the towns of Alton and Chicago, in the State of Illinois.

Resolved , That the Committee on Commerce be instructed to inquire into the expediency of establishing a marine hospital at Caledonia, in the State of Illinois.

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

Resolved , That the Committee on Public Lands be instructed to inquire into the expediency of authorizing the surrender of such of the sixteenth sections as are fractional in any township where the same has been granted to the township and permitting another section to be located in lieu thereof.

Resolved , That the Committee on Public Lands be instructed to inquire into the expediency of increasing the compensation of the Surveyor General in the State of Arkansas, and of the draughtsman and clerks in his office, so as to make their compensation at least equal to that of persons performing similiar duties in the Southern States.

The following motions submitted by Mr. Walker, was considered:

Resolved , That the State of Texas having established and maintained an independent Government, capable of performing those duties, foreign and domestic, which appertain to independent Governments, and it appearing that there is no longer any reasonable prospect of the successful prosecution of the war by Mexico against said State, it is expedient and proper, and in conformity with the laws of nations, and the practice of this Government in like cases, that the independent political existence of said State be acknowledged by the Government of the United States.

0111 111

On motion by Mr. Walker,

Ordered , That it be postponed to and made the order of the day for Wednesday, the 18th instant.

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

Resolved , That the Secretary of the Treasury be requested to communicate to the Senate the survey of “Crow shoal, in Delaware bay, to ascertain the expediency of constructing a breakwater or artificial harbor,” made in pursuance of the act of Congress for that purpose at the last session, and the report or other papers accompanying the same.

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

Resolved , That the Committee on Pensions be instructed to inquire into the expediency of continuing the office of Commissioner of Pensions for a limited period.

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

Resolved , That the Committee on Commerce be directed to inquire into the expediency of making some provision for the nautical education of American seamen.

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

Resolved , That the Committee on the Judiciary be instructed to inquire into the expediency of increasing the salary of the district judge of the western district of Virginia, or to allow him mileage for his travelling expenses.

The following motion, submitted by Mr. Nicholas, 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 tri-weekly post route on the west bank of the river Mississippi, from the city of New Orleans to Plaquemine, in the parish of Iberville.

The Senate proceed to consider, as in Committee of the Whole, the bill (S. 20) to prohibit the sale of public lands except to actual settlers in limited quantities, together with the amendments reported thereto.

Further amendments having been proposed by Mr. Walker,

On his motion,

Ordered , That the amendments be printed; and that the bill be postponed to and made the order of the day for to-morrow.

The Senate resumed the consideration of the resolution to expunge from the Journal the resolution of the Senate of the 28th of March, 1834, in relation to the proceedings of the Executive;

And, after debate,

On motion by Mr. Grundy,

The Senate adjourned.

FRIDAY, January 13, 1837. Link to Annals.

The Vice President communicated the credentials of the honorable Thomas Clayton , appointed a Senator by the Legislature of the State of Delaware, to fill the vacancy occasioned by the resignation of the honorable John M. Clayton; which were read.

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The Vice President communicated a report of the Secretary of the the Treasury, in relation to the survey of Crow shoal, in Delaware bay; which was read.

Mr. Grundy presented the petition of Walker, Caruthers, and Company, praying the payment of certain expenses which they have incurred in carrying the mail; which was referred to the Committee on the Post Office and Post Roads.

Mr. Prentiss presented the petition of Usher Parsons, of the State of Rhode Island, praying the payment of arrearages of pension; which was referred to the Committee on Naval Affairs.

Mr. Linn presented an act of the Legislature of the Wisconsin Territory “to incorporate the stockholders of the Miners' Bank of Dubuque;” which was referred to the Committee on Finance.

Mr. Ruggles presented the petition of David Gilmore, of Penobscot county, Maine, praying a pension, in consideration of his services in the army of the Revolution; which was referred to the Committee on Pensions.

Mr. Morris presented the petition of Ebenezer Hickox, praying a pension or other relief, in consideration of an injury received in the military service of the United States during the revolutionary war; which was referred to the Committee on Pensions.

Mr. Buchanan presented a memorial of A. Hart and others, praying that the duty on foreign coal may not be repealed; which was referred to the Committee on Finance.

Mr. Tallmadge, from the Committee on Naval Affairs, to whom was referred the petition of Charles G. Ridgely, reported a bill (S. 119) for his relief; which was read, and passed to the second reading.

Mr. Prentiss, from the Committee of Claims, to whom was referred the petition of George J. Knight, submitted a report, accompanied by a bill (S. 120) for his relief. The bill was read, and passed to the second reading.

Ordered , That the report be printed.

Mr. King, of Alabama, from the Committee on Commerce, to whom was referred the memorial of certain merchants of New Orleans on the subject, reported a bill (S. 121) to extend the limits of the port of New Orleans; which was read, and passed to the second reading.

Mr. Hubbard, from the Committee of Claims, to whom was referred the memorial of Francis Allyn, reported a bill (S. 122) to provide for the payment of the passage of General Lafayette from France to the United States in the year 1824; which was read, and passed to the second reading.

On motion by Mr. Hubbard,

Ordered , That the report of the Committee of Claims, on the petition of Francis Allyn, made at the last session, be printed.

On motion by Mr. Hubbard,

Ordered , That the Committee of Claims be discharged from the further consideration of the petition of John Laub.

On motion by Mr. Buchanan,

Ordered , That the petition of G. T. Beyer, on the files of the last session, be referred to the Committee on the Judiciary.

On motion by Mr. Rives,

Ordered , That Morgan Alexander have leave to withdraw his petition and papers.

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On motion by Tomlinson,

Ordered , That the memorial of the representative of Lucy Bond and Hannah Douglas, on the files of the last session, be referred to the Committee on Revolutionary Claims.

On motion by Mr. Tomlinson,

Ordered , That the memorial of the representative of Nathaniel Good-win and Andrew Leitch, on the files of the Senate, be referred to the Committee on Revolutionary Claims.

Agreeably to notice, Mr. Robbins asked and obtained leave to bring in a resolution (No. 4) to supply the respective Judges of the Supreme Court with a set of Gales and Seaton's State Papers; which was read, and passed to the second reading.

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

Resolved , That the Committee on Military Affairs be instructed to inquire into the expediency of causing an examination to be made, by a board of officers of rank and experience, of the improvements in fire-arms made by Hall, Cochran, Colt, and the Baron Hackett; and that the general results be presented in tabular statements, showing the advantages of each, in all important military points of view, and especially as to—

1. The celerity of fire.

2. The extent of the recoil.

3. The efficiency of the fire.

4. The inconvenience from heated barrel in rapid firing.

5. The capacity of being used as a rifle.

6. The simplicity and cheapness of construction.

7. Durability.

8. Saving of ammunition and appendages.

9. The number of charges which may be carried by an infantry soldier.

10. The advantages when used against a charge of cavalry.

11. The advantage when used by cavalry.

The Senate proceeded to consider, as in Committee of the Whole, the bill (S. 10) for the relief of William East; and no amendment having been made thereto, it was reported to the senate.

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

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

Mr. President: The House of Representatives have concurred in the amendment of the Senate to the bill H. R. 744 entitled “An act to provide for the payment of horses and other property lost or destroyed in the military service of the United States.”

They have passed a bill (H. R. 825) entitled “An act giving the assent of Congress to an act of the General Assembly of the State of Virginia, entitled ‘An act to amend an act incorporating the Falmouth and Alexandria Railroad Company,’ which passed February 2, 1836.”

On motion by Mr. Linn,

Ordered That the report of the board of commissioners on the unconfirmed land claims in the State of Missouri, be referred to the Committee on Private Land Claims.

The Senate resumed the consideration of the resolution to expunge 8 0114 114 from the Journal the resolution of the Senate of the 28th March, 1834, in relation to the proceedings of the Executive.

On motion by Mr. Benton,

The resolution was amended by striking out the word “six,” in the last line thereof, and inserting the word “seven.”

After debate,

A motion was made by Mr. Southard that the Senate adjourn; and

It was determined in the negative,

Yeas, 20,

Nays, 21.

On motion by Mr. Benton,

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

Those who voted in the affirmative, are,

Messrs. Bayard, Black, Calhoun, Clay, Crittenden, Davis, Hendricks, Kent, Knight, Moore, Morris, Nicholas, Prentiss, Preston, Robbins, Southard, Swift, Tomlinson, Webster, White.

Those who voted in the negative, are,

Messrs. Benton, Brown, Buchanan, Dana, Fulton, Grundy, Hubbard, King of Alabama, Linn, Niles, Page, Rives, Robinson, Ruggles, Sevier, Strange, Tallmadge, Tipton, Walker, Wall, Wright.

After further debate,

A motion was made by Mr. Moore that the Senate adjourn; and

It was determined in the negative,

Yeas, 20,

Nays, 22.

On motion by Mr. Benton,

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

Those who voted in the affirmative, are,

Messrs. Bayard, Black, Calhoun, Clay, Crittenden, Davis, Hendricks, Kent, Knight, Moore, Morris, Nicholas, Prentiss, Preston, Robbins, Southard, Swift, Tomlinson, Webster, White.

Those who voted in the negative, are,

Messrs. Benton, Brown, Buchanan, Dana, Ewing of Illinois, Fulton, Grundy, Hubbard, King of Alabama, Linn, Niles, Page, Rives, Robinson, Ruggles, Sevier, Strange, Tallmadge, Tipton, Walker, Wall, Wright.

Thereupon,

On motion by Mr. Moore,

The Senate adjourned.

SATURDAY, January 14, 1837. Link to Annals.

The Vice President communicated a report of the Secretary of the Treasury, made in compliance with the “Act for the relief of certain insolvent debtors of the United States;” which was read, and ordered to be printed.

The Vice President communicated a report of the Secretary of War, made in compliance with the provisions of the “Act to regulate and fix the compensation of the clerks in the different offices,” showing the compensations of the respective clerks in that Department for the year 1836; which was read, and ordered to be printed.

Mr. Wright presented the memorial of Thomas Harrison, late an officer in the army of the United States, praying to be allowed compensation for extra services, and the passage of an act to authorize the equitable 0115 115 settlement of his accounts; which was referred to the Committee on Military Affairs.

Mr. Hendricks presented the petition of G. C. Johnston, praying the payment of a debt due to him by the Shawnee tribe of Indians, previous to the cession of their lands to the United States; which was referred to the Committee on Indian Affairs.

Mr. Wall presented the petition of James Newell, praying relief in consideration of his military services during the revolutionary war; which was referred to the Committee on Revolutionary Claims.

Mr. Wall presented the petition of Simon Lucas, a revolutionary soldier, praying a pension; which was referred to the Committee on Revolutionary Claims.

Mr. Kent presented the petition of John P. Van Ness and others, of the city of Washington, praying the extension of the jurisdiction of the Corporation of Washington, and the execution of deeds in fee to them as purchasers of certain lots; which was referred to the Committee on the District of Columbia.

Mr. Tallmadge presented the memorial of a number of the citizens of Newbury, New York, praying the survey of the channel of the river Hudson from New York to the head of tide-water, the removal of obstructions, and the erection therein of buoys and beacons.

Mr. Tallmadge also presented the memorial of a number of the citizens of Poughkeepsie, New York, to the same effect.

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

Mr. Tallmadge presented the memorial of the Board of Trade of the city of New York, praying the establishment of a national bank, in conformity with the recommendation of the President of the United States, to be located in the city of New York, as the best preventive of a total derangement of the currency and exchanges of the country; which was referred to the Committee on Finance.

On motion by Mr. King, of Alabama,

Ordered , That the documents on the files of the last session, relating to the claim of Thomas Rhodes, be referred to the Committee on the Post Office and Post Roads.

Mr. Preston presented the petition of Delia Tudor, mother and legal representative of William Tudor, jr., late chargé d'affaires of the United States at the court of Brazil, deceased, praying that compensation may be allowed for his services as a diplomatic agent; which was referred to the Committee on Foreign Relations.

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

Resolved , That, the Committee on Indian Affairs be instructed to inquire into the expediency of paying to William Marshall, late Indian agent in Indiana, the amount of certain vouchers and accounts unsettled in the War Department.

Mr. Hendricks submitted documents relating to the claim of William Marshall; which were referred to the Committee on Indian Affairs.

Mr. Linn submitted an act of the Legislature of the Territory of Wisconsin “to incorporate the stockholders of the Bank of Milwalkie;” which was referred to the Committee on Finance.

0116 116

Mr. Hendricks, from the Committee on Roads and Canals, to whom was referred the bill (S. 108) authorizing certain surveys in Florida, and for other purposes, reported the same with an amendment; which was read.

Mr. Hendricks, from the Committee on Roads and Canals, to whom the subject was referred, reported a bill (S. 123) making appropriations for certain roads in the Territory of Wisconsin; which was read, and passed to the second reading.

On motion by Mr. Hendricks,

Ordered , That a letter accompanying the last-mentioned bill, from the Delegate of Wisconsin, be printed.

Mr. Tipton, from the Committee on Military Affairs, to whom was referred the petition of John H. Hall, submitted a report, accompanied by a bill (S. 124) for his relief. The bill was read, and passed to the second reading.

Ordered , That the report be printed.

Mr. Kent, from the Committee on the District of Columbia, to whom was referred the memorial of the Franklin Insurance Company of the city of Washington, reported a bill (S. 125) to amend the charter of the Franklin Insurance Company; which was read, and passed to the second reading.

Agreeably to notice, Mr. Grundy asked and obtained leave to bring in a bill (S. 126) to prevent the abatement of suits, and for other purposes; which was read the first and second times by unanimous consent, and referred to the Committee on the Judiciary.

On motion by Mr. Kent,

Ordered , That one hundred additional copies of the report of the Secretary of the Treasury on the state of the banks of the District of Columbia be printed for the use of the Senate.

The resolution (S. 4) to supply the Judges of the Supreme Court, respectively, with a set of the second series of Gales and Seaton's State Papers, was read the second time.

The bill from the House of Representatives (No. 825) entitled “An act giving the assent of Congress to an act of the General Assembly of the State of Virginia, entitled ‘An act to amend an act incorporating the Falmouth and Alexandria Railroad Company,’ which passed February 2, 1836,” was read, and passed to the second reading.

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

Resolved , That the Secretary of War be directed to communicate to the Senate any report or letter of explanation of the military operations of the army in Florida, under the command of the Governor of that Territory, made by him to that Department since the report of the Secretary which accompanied the President's message.

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

Resolved , That the President of the United States be requested to send to the Senate, if not incompatible with the public interest, any communications received by or correspondence had between the Executive of the United States and General Santa Anna or any other person claiming to act in behalf of Mexico, respecting the independence or future disposition and civil condition of Texas, if any such communications have been made or any such correspondence has been had; also, such communications, 0117 117 if any, as have been made from any other foreign Government or Governments touching the same subject.

On motion by Mr. Grundy,

Ordered , That it lie on the table.

The following motion, submitted by Mr. Ewing, of Illinois, 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 Chicago, by Geneva, the county seat of Kane county, Oregon, county seat of Ogle county, to Galena, in the State of Illinois.

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

Resolved , That the Committee on the Library be instructed to inquire into the expediency of procuring suitable books for the blind.

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

Resolved , That the Judiciary Committee be instructed to inquire into the expediency of granting to the corporation of Michigan city a strip of land

along the shore of Lake Michigan, within the limits of the corporation, and situate between the surveys of the lands sold by the United States and the water of the lake.

The bill (S. 10) for the relief of William East, 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 Senate proceeded to consider, as in Committee of the Whole, the bill (S. 11) for the relief of Samuel Miller; and no amendment having been made thereto, it was reported to the Senate.

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

The Senate proceeded to consider, as in Committee of the Whole, the bill (S. 1) to amend an act entitled “An act for the better organization of the district courts of the United States within the State of Alabama,” approved 10th March, 1824.

On motion by Mr. Grundy,

Ordered , That it lie on the table.

The Senate proceeded to consider, as in Committee of the Whole, the following bills, viz:

S. 32. Bill to authorize the Washington County Turnpike Company, in the State of Missouri, to construct a road through the public lands;

S. 36. Bill to authorize the East Florida Railroad Company to construct a road through the public lands in the Territory of Florida;

S. 116. Bill for altering the times for holding the circuit court of the United States for the fifth circuit and district of North Carolina, holden at the city of Raleigh; and no amendment having been made thereto, they were severally reported to the Senate.

Ordered , That the said bills be severally engrossed, and read a third time.

On motion by Mr. King, of Georgia,

The Senate resumed the consideration of the bill (S. 20) to prohibit 0118 118 the sale of public lands, except to actual settlers, in limited quantities; and, after debate,

On motion by Mr. Morris,

Ordered , That the further consideration thereof be postponed to Monday next.

The Senate resumed the consideration of the resolution to expunge from the Journal the resolution of the Senate of March 28, 1834, in relation to the proceedings of the Executive.

On motion by Mr. Kent,

That the Senate adjourn,

It was determined in the affirmative,

Yeas, 23,

Nays, 18.

On motion by Mr. Ruggles,

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

Those who voted in the affirmative, are,

Messrs. Bayard, Black, Calhoun, Clay, Crittenden, Davis, Hendricks, Kent, King of Georgia, Knight, Moore, Nicholas, Prentiss, Rives, Robbins, Robinson, Southard, Swift, Tallmadge, Tipton, Tomlinson, Walker, Webster.

Those who voted in the negative, are,

Messrs. Benton, Brown, Buchanan, Ewing of Illinois, Fulton, Grundy, Hubbard, King of Alabama, Linn, Morris, Niles, Page, Ruggles, Sevier, Strange, Wall, White, Wright.

So,

The Senate adjourned.

MONDAY, January 16, 1837. Link to Annals.

The Vice President communicated a report of the Secretary of the Treasury, made in compliance with a resolution of the Senate of the 14th instant, in relation to the undrawn appropriations on the 1st of January; which was read, and ordered to be printed.

On motion by Mr. Wright.

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

On motion by Mr. Hendricks,

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

Mr. Robinson presented the petition of a number of the citizens of Union county, Illinois, praying the establishment of a post route; which was referred to the Committee on the Post Office and Post Roads.

On motion by Mr. Robinson,

Ordered , That the memorial of Pierre Menard and others, sureties of Felix St. Vrain, on the files of the Senate, be referred to the Committee of Claims.

Mr. Tallmadge presented the petition of a number of the citizens of Waterford, New York, praying a general survey of the Hudson river, the removal of obstructions, and that beacons and buoys may be placed in its channel; which was referred to the Committee on Commerce.

Mr. Tallmadge presented the petition of George W. Lee, clerk of the 0119 119 navy yard, New York, praying an increase of his salary; which was referred to the Committee on Naval Affairs.

Mr. Tallmadge presented the petition of Anne Temple Greene, one of the heirs and daughters of the late Samuel Nicholson, deceased, praying the payment of arrearages of pay, as a captain in the navy, erroneously withheld; which was referred to the Committee on Naval Affairs.

Mr. Ruggles presented the memorial of George Rogers and others, members of the House of Representatives, Senate, and Council, of the State of Maine, praying the erection of a breakwater at Owl's-head harbor, in Penobscot bay; which was referred to the Committee on Commerce.

Mr. Ruggles presented the memorial of Nathan C. Fletcher and others, members of the House of Representatives, Senate, and Council, of the State of Maine, praying the erection of a breakwater at Owl's-head harbor, in Penobscot bay; which was referred to the Committee on Commerce.

On motion by Mr. Grundy,

Ordered , That the memorial of George Bomford and William W. Seaton, on the files of the Senate, be referred to the Committee on the Judiciary.

Mr. Tomlinson presented the petition of Ruth Powell, of the State of Connecticut, widow of John Powell, a revolutionary pensioner, praying that she may receive the pension granted to him; which was referred to the Committee on Pensions.

Mr. Tomlinson presented the petition of Sarah Rogers, widow of Jedediah Rogers, a revolutionary pensioner, praying to be placed on the pension roll; which was referred to the Committee on Pensions.

Mr. Buchanan presented the petition of Samuel Raub, jr., praying that a new and improved mode of preventing explosions in steam boilers may be applied to all steam engines in the service of the United States; which was referred to the Committee on Roads and Canals.

Mr. Buchanan presented the memorial of Horn and Kercass, importers of hardware, of the city of Philadelphia, praying a modification of the tariff act of 1832; which was referred to the Committee on Finance.

Mr. Buchanan presented a memorial of Samuel M. Kempton and others, praying that the duty on foreign coal may not be repealed; which was referred to the Committee on Finance.

Mr. Fulton presented a petition, signed by a great number of the citizens of Arkansas, praying a grant of one quarter section of land to each head of a family residing within one hundred and fifty miles of the western boundary line of the State, and to all future settlers within that district; which was referred to the Committee on Public Lands.

Mr. Fulton presented the petition of Isaac Darneille, praying a grant of three hundred and twenty acres of land, in consideration of the services he has rendered in attempting to instruct and civilize the Indians, and of the loss of his improvements upon their removal; which was referred to the Committee on Public Lands.

Mr. Davis presented the petition of John Scammell and others, heirs of the late colonel Alexander Scammell, praying the arrears of pay to which he was entitled for military service in the revolutionary war; which was referred to the Committee on Revolutionary Claims.

Mr. Davis presented the petition of Benjamin Sawyer, of Massachusetts, praying relief in consideration of his revolutionary services; which was referred to the Committee on Revolutionary Claims.

0120 120

Mr. Clay presented the petition of Richard J. Todd, of the city of New York, praying a repeal of the duty on imported watches; which was referred to the Committee on Finance.

Mr. White presented the petition of Econchatta Nico, an Indian chief, residing in the Territory of Florida, praying indemnification for the loss of his slaves, of which he has been forcibly deprived; which was referred to the Committee on Indian Affairs.

On motion by Mr. Morris,

Ordered , That the Committee on Revolutionary Claims, to whom was referred the petition of the widow of Jonathan Ford Morris, be discharged from the further consideration thereof; and that the said petition be referred to the Committee on Pensions.

Mr. Prentiss presented the petition of John Miles, of Vermont, praying that his present pension may be made to take effect from the time of his disability; which was referred to the Committee on Pensions.

Mr. Kent presented the memorial of the Maryland Insurance Company and others, praying that payment of the indemnity awarded to them under the late treaty with France may be paid by the United States, in anticipation of the time when their certificates are payable; which was referred to the Committee on the Judiciary.

Mr. Sevier, from the Committee on Private Land Claims, to whom was referred the petition of Matthew Arbuckle, submitted a report, accompanied by a bill (S. 127) for his relief.

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

Ordered , That the report be printed.

On motion by Mr. Grundy,

Ordered , That the Committee on the Judiciary be discharged from the further consideration of the petition of G. T. Beyer.

Mr. Grundy, from the Committee on the Judiciary, who were instructed, by a resolution of the 4th instant, to inquire into the subject, reported a bill (S. 128) to establish a board of commissioners to hear and examine claims against the United States; which was read, and passed to the second reading.

On motion by Mr. King, of Georgia,

Ordered , That the Committee on the Judiciary be discharged from the further consideration of the petition of Richard H. Ayer; and that the said petition be referred to the Committee of Claims.

Mr. King, of Georgia, from the same committee, reported a bill (S. 129) to extend the jurisdiction of the district court of the United States for the district of Arkansas; which was read, and passed to the second reading.

Mr. King, of Georgia, from the Committee on the Judiciary, to whom was referred the memorial of the heirs of Francis Cazeau, submitted a report, accompanied by a bill (S. 130) for the relief of the legal representatives of Francis Cazeau, late merchant of Montreal.

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

Ordered , That the report be printed.

On motion by Mr. Brown,

Ordered , That the Committee on Revolutionary Claims be discharged from the consideration of the memorials of the representatives of Captain Nathaniel Goodwin and Major Andrew Leitch.

0121 121

On motion by Mr. Brown,

Ordered , That the Committee on Revolutionary Claims be discharged from the further consideration of the memorial of John Spitfathom.

On motion by Mr. Hubbard,

Ordered , That the Committee on Revolutionary Claims be discharged from the further consideration of the memorial of the representatives of William Ramsay for bounty land.

On motion by Mr. Hubbard,

Ordered , That the Committee on Revolutionary Claims be discharged from the further consideration of the memorial of the representatives of Dr. William Ramsay for commutation pay.

Mr. Preston, from the Committee on Military Affairs, to whom the subject was referred, reported the following resolution; which was read:

Resolved , That the Secretary of War be requested to cause an examination to be made by a board of officers into the improvements in firearms made by Hall, Cochran, Colt, and the Baron Hackett; and that the general results be presented to the Senate in tabular statements, showing the advantages of each in all important military points of view, and especially as to—

1. The celerity of fire.

2. The extent of the recoil.

3. The efficiency of the fire.

4. The inconvenience from heated barrel in rapid firing.

5. The capacity of being used as a rifle.

6. The simplicity and cheapness of construction.

7. Durability.

8. Saving of ammunition and appendages.

9. The number of charges which may be carried by an infantry soldier.

10. The advantages when used against a charge of cavalry.

11. The advantage when used by cavalry.

Mr. Hubbard, from the Committee on Revolutionary Claims, to whom was referred the petition of the heirs of Francis L. B. Goodwin, deceased, reported a bill (S. 131) for their relief; which was read, and passed to the second reading.

Agreeably to notice, Mr. King, of Alabama, asked and obtained leave to bring in a bill (S. 132) to incorporate the Howard Institution of the city of Washington; which was read the first and second times by unanimous consent, and referred to the Committee on the District of Columbia.

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

Resolved , That the Committee on Pensions be instructed to inquire into the expediency of placing the name of William Cooley, an officer of the army of the Revolution, on the pension roll.

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

Resolved , That the Committee on Commerce be instructed to inquire into the expediency of authorizing the sale of the building in Bath, in the State of Maine, occupied for a custom-house, and an application of the proceeds, with other necessary sum, to the erection of a new custom-house at that place.

On motion by Mr. Davis,

The Senate resumed the consideration of the motion of the 14th instant, in relation to the correspondence between the Executive of the United States and General Santa Anna; and agreed thereto.

0122 122

The following bills, having been reported by the committee correctly engrossed, were read a third time, viz:

S. 11. A bill for the relief of Samuel Miller.

S. 32. A bill to authorize the Washington County Turnpike Company, in the State of Missouri, to construct a road through the public lands.

S. 36. A bill to authorize the East Florida Railroad Company to construct a road through the public lands in the Territory of Florida.

S. 116. A bill for altering the times of holding the circuit court of the United States for the fifth circuit and district of North Carolina, holden at the city of Raleigh.

Resolved , That the said bills do pass, and that the titles thereof be as aforesaid.

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

The bill (H. R. 825) entitled “An act giving the assent of Congress to an act of the General Assembly of the State of Virginia, entitled ‘An act to amend an act incorporating the Falmouth and Alexandria Railroad Company,’ which passed February 2, 1836,” was read the second time.

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

Mr. President: The President of the United States approved and signed, the 9th January, 1837—

An act to regulate, in certain cases, the disposition of the proceeds of lands ceded by Indian tribes to the United States; also,

An act making an appropriation for the suppression of Indian hostilities.

The House of Representatives have passed bills entitled—

H. R. 117. An act to amend the charter of the Potomac Fire Insurance Company of Alexandria;

H. R. 235. An act for the relief of Philip F. Voorhees;

H. R. 249. An act for the relief of Wealthy Barker, widow of Isaac Barker, deceased;

H. R. 277. An act for the relief of William Christy;

H. R. 279. An act for the relief of the legal representatives of Joseph Youngs, deceased;

H. R. 286. An act for the relief of F. A. Parker;

H. R. 287. An act for the relief of Green Pryor and the heirs of Peter Pryor;

H. R. 292. An act for the relief of James Brown and John Brown, halfbreeds of the Cherokee nation of Indians;

H. R. 296. An act for the relief of the legal representatives of Isaac Williams, deceased;

H. R. 301. An act for the relief of Charles W. Pickering;

H. R. 306. An act for the relief of Jerah Fenner;

H. R. 309. An act for the relief of H. and D. Cotheal, of New York;

H. R. 310. An act for the relief of Peter Harmony, of New York;

H. R. 326. An act for the relief of James Keytes;

H. R. 351. An act for the relief of William C. Beard, late a captain in the United States army;

H. R. 378. An act for the relief of John P. Becker;

H. R. 480. An act for the relief of Josiah Strong and Samuel Rimick;

H. R. 560. An act for the relief of Hannah Hazard;

0123 123

H. R. 565. An act for the relief of Findley Kellock;

H. R. 672. An act for the relief of Alexander Gibson;

H. R. 784. An act to authorize certain railroad companies to construct railroads through the public lands in the Territory of Florida;

H. R. 827. An act for the relief of John Jeffers;

H. R. 840. An act for the relief of John E. Wool; in which they request the concurrence of the Senate.

The Senate resumed the consideration of the resolution to expunge from the Journal the resolution of the Senate of March 28, 1834, in relation to the proceedings of the Executive, Mr. King, of Alabama, in the chair; and, after debate,

On motion by Mr. Bayard,

That the Senate adjourn,

It was determined in the negative,

Yeas, 16,

Nays, 26.

On motion by Mr. Wright,

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

Those who voted in the affirmative, are,

Messrs. Bayard, Black, Calhoun, Clay, Crittenden, Davis, Ewing of Ohio, Kent, Knight, Moore, Prentiss, Preston, Robbins, Southard, Swift, Webster.

Those who voted in the negative, are,

Messrs. Benton, Brown, Buchanan, Dana, Ewing of Illinois, Fulton, Grundy, Hendricks, Hubbard, King of Alabama, Linn, Morris, Nicholas, Niles, Page, Rives, Robinson, Ruggles, Sevier, Strange, Tallmadge, Tipton, Walker, Wall, White, Wright.

On motion by Mr. Strange,

The resolution was amended by striking out the words, in the last paragraph of the first page, “irregularly, illegally, and unconstitutionally,” and inserting “ not warranted by the constitution, and was irregularly and illegally; ” also, by striking out, second page, line 9, the word “ unconstitutional ,” and inserting “unauthorized by the constitution;” and by striking out, third page, 3d line, the words “a violation of the constitution,” and inserting “not warranted by the constitution.”

On motion by Mr. Benton,

The blanks in the resolution were filled—the first with the word “ sixteenth ,” the second with the word “ January .”

On the question, Will the Senate agree to the resolution as amended?

It was determined in the affirmative,

Yeas, 24,

Nays, 19.

On motion by Mr. Benton,

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

Those who voted in the affirmative, are,

Messrs. Benton, Brown, Buchanan, Dana, Ewing of Illinois, Fulton, Grundy, Hubbard, King of Alabama, Linn, Morris, Nicholas, Niles, Page, Rives, Robinson, Ruggles, Sevier, Strange, Tallmadge, Tipton, Walker, Wall, Wright.

Those who voted in the negative, are,

Messrs. Bayard, Black, Calhoun, Clay, Crittenden, Davis, Ewing of Ohio, Hendricks, Kent, Knight, Moore, Prentiss, Preston, Robbins, Southard, Swift, Tomlinson, Webster, White.

So the resolution was agreed to.

0124 124

Whereupon,

The Secretary of the Senate did, in compliance therewith, bring the manuscript Journal of the session 1833–34 into the Senate; and did, in the presence of the Senate, draw black lines around the said resolve, and write across the face there of, in strong letters, the words, “Expunged by order of the Senate, this 16th day of January, in the year of our Lord 1837.”

During the last-mentioned proceeding, disorderly conduct having occurred in the gallery—

On motion by Mr. Benton,

The Sergeant-at-arms was ordered by the President to take the persons offending into custody.

The Sergeant-at-arms reported that he had, in pursuance of the said order, taken a person represented as having been engaged in disorderly conduct into custody.

On motion by Mr. Benton,

That the person represented as having been engaged in disorderly conduct be forthwith brought to the bar of the Senate,

It was determined in the affirmative,

Yeas, 18,

Nays, 8.

On motion by Mr. Morris,

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

Those who voted in the affirmative, are,

Messrs. Benton, Brown, Dana, Ewing of Illinois, Fulton, Grundy, Hubbard, King of Alabama, Linn, Niles, Page, Rives, Robinson, Ruggles, Tallmadge, Walker, Wall, Wright.

Those who voted in the negative, are,

Messrs. Buchanan, Hendricks, Moore, Morris, Nicholas, Sevier, Tipton, White.

So it was

Ordered , That the Sergeant-at-arms do bring the person represented as chargeable with disorderly conduct to the bar of the Senate.

The Sergeant-at-arms having executed the aforesaid order,

A motion was made by Mr. Benton that the said person, so brought before the bar of the Senate, be discharged from the custody of the Sergeant-at-arms,

And it was determined in the affirmative,

Yeas, 23,

Nay, 1.

On motion by Mr. Morris,

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

Those who voted in the affirmative, are,

Messrs. Benton, Brown, Buchanan, Dana, Ewing of Illinois, Fulton, Grundy, Hendricks, Hubbard, King of Alabama, Linn, Nicholas, Niles, Page, Rives, Robinson, Ruggles, Sevier, Tallmadge, Tipton, Walker, White, Wright.

Mr. Wall voted in the negative.

So the person brought to the bar was discharged from custody; and, thereupon,

On motion by Mr. Sevier,

The Senate adjourned.

TUESDAY, January 17, 1837. Link to Annals.

The honorable John S. Spence , from the State of Maryland, whose credentials were read on the 11th instant, attended; and the oath prescribed by law having been administered to him, he took his seat in the Senate.

The Vice President communicated a report of the Secretary of the Treasury, in relation to the amount of exports, imports, duties, and receipts from sales of public lands for the year ending December 31, 1836, and the amount of money in the Treasury at the end of the year; which was read, and ordered to be printed.

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

To the Senate of the United States:

I hereby submit to the Senate certain communications from the Secretary of the Treasury, and the Attorney of the United States for the District of Columbia.

They relate to the difficulties which have been interposed under the existing laws, in bringing to conviction and punishment the supposed incendiaries of the Treasury buildings, in the year 1833.

The peculiar circumstances of this case, so long concealed, and of the flagrant frauds by persons disconnected with the Government, which were still longer concealed, and to screen some of which forever was, probably, a principal inducement to the burning of those buildings, lead me earnestly to recommend a revision of the laws on this subject. I do this with a wish not only to render the punishment hereafter more severe for the wanton destruction of the public property, but to repeal entirely the statutes of limitation in all criminal cases, except small misdemeanors, and in no event to allow a party to avail himself of its benefits during the period the commission of the crime was kept concealed, or the persons on trial were not suspected of having perpetrated the offence.

It must be manifest to Congress that the exposed state of the public records here, without fire-proof buildings, imperatively requires the most ample remedies for their protection, and the greatest vigilance and fidelity in all officers, whether executive or judicial, in bringing to condign punishment the real offenders.

Without these, the public property is in that deplorable situation which depends quite as much on accident and good fortune as the laws, for safety.

ANDREW JACKSON.

January 17, 1837.

The message was read.

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

Mr. Knight presented the petition of Elizabeth Pierce, daughter and heir at law of Israel Pierce, praying the land bounty of which the said Israel Pierce was the purchaser from the holders, notwithstanding the loss of the original certificates; which was referred to the Committee on Revolutionary Claims.

Mr. Kent presented a memorial of a number of the citizens of Washington, 0126 126 Alexandria, and Georgetown, in the District of Columbia, praying the incorporation of a new bank, with an enlarged capital, to be located in Washington, with a branch in each of the other towns; which was referred to the Committee on the District of Columbia.

Mr. Kent presented a remonstrance of the Grand Jury for the county of Washington, in the District of Columbia, on the subject of the petitions from non-residents of the said county, in relation to the slave property of the citizens of the District; which was read.

On motion by Mr. Kent that the remonstrance be printed,

It was determined in the affirmative,

Yeas, 34,

Nays, 5.

On motion by Mr. Morris,

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

Those who voted in the affirmative, are,

Messrs. Bayard, Black, Brown, Buchanan, Calhoun, Clay, Crittenden, Davis, Ewing of Illinois, Ewing of Ohio, Fulton, Grundy, Hubbard, Kent, King of Alabama, Knight, Moore, Morris, Nicholas, Prentiss, Preston, Rives, Robbins, Robinson, Sevier, Southard, Swift, Tallmadge, Tipton, Tomlinson, Walker, Wall, White, Wright.

Those who voted in the negative, are,

Messrs. Linn, Niles, Page, Ruggles, Strange.

Mr. Linn presented the petition of Thomas L. Alexander, praying to be allowed the pay of an aid-de-camp, since the 18th of March, 1834, and so long as he may continue to act in that capacity; which was referred to the Committee on Military Affairs.

Mr. Linn presented the petition of a number of the inhabitants of the town of Columbia, in Arkansas, praying the confirmation of the claim of Carlos de Villemont to a concession of land; which was referred to the Committee on Private Land Claims.

Mr. Ewing, of Ohio, presented the petition of certain citizens of Ohio, praying the removal of the land office from Lima to some more eligible point; which was referred to the Committee on Public Lands.

Mr. Ewing, of Ohio, presented the petition of a number of citizens of St. Joseph's county, Ohio, praying the establishment of a post route; which was referred to the Committee on the Post Office and Post Roads.

Mr. White presented the petition of the surviving administrator of Henry Conway, deceased, praying commutation pay for military service in the revolutionary war; which was referred to the Committee on Revolutionary Claims.

On motion by Mr. Rives,

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

Mr. Buchanan presented the petition of the widow of Daniel S. Stellwagen, late a sailingmaster in the navy of the United States, praying arrears of pension; which was referred to the Committee on Naval Affairs.

Mr. Davis presented the memorial of the Steamboat Company Nantucket, praying the stipulated compensation for carrying the mail on a post route, agreeably to a contract with the Post Office Department; which was referred to the Committee on the Post Office and Post Road

0127 127

Mr. Tipton presented the petition of Abraham Stipp, praying that a scrip certificate for a military land warrant of which he is an assignee, may be issued in his favor; which was referred to the Committee on Revolutionary Claims.

Mr. Tipton presented the petition of Alexis Picard, praying the confirmation of an Indian grant of a tract of land intended to have been embraced in a treaty with the Pottawatamie Indians, but by some mistake omitted; which was referred to the Committee on Private Land Claims.

On motion by Mr. Nicholas,

Ordered , That the petition of the Atchafalaya Railroad and Banking Company of Louisiana, and the memorial of the New Orleans and Carrollton Railroad Company, be severally referred to the Committee on Roads and Canals.

Mr. Walker, from the Committee on Public Lands, to whom the subject was referred, reported a bill (S. 133) to create the office of Surveyor of public lands in the Wisconsin Territory; which was read, and passed to the second reading.

Mr. Hubbard, from the Committee of Claims, to whom was referred a resolution (H. R. 17) to authorize the settlement of the accounts of Orange H. Dibble, reported the same without amendment.

Mr. Hubbard, from the Committee of Claims, to whom was referred the petition of Walter Loomis and Abel Gay, reported a bill (S. 134) in addition to an act for the relief of Walter Loomis and Abel Gay, approved July 2, 1836; which was read, and passed to the second reading.

Mr. Hubbard presented papers on the subject of the last-mentioned bill; which were ordered to be printed.

Mr. Hubbard, from the Committee of Claims, to whom was referred the petition of Joseph Nourse, submitted a report, accompanied by a resolution,

“That the prayer of the petitioner ought not to be granted.”

Ordered , That the report, with the accompanying document, be printed.

On motion by Mr. Hubbard,

Ordered , That the Committee of Claims be discharged from the further consideration of the petition of the executor of J. J. Bulow, jr.; of the petition of John Brunson; and of the petition of John M. Hepburn.

On motion by Mr. Tipton,

Ordered , That the Committee of Claims be discharged from the further consideration of the petition of George Smith; from the further consideration of the petition of James Rouse; and from the further consideration of the resolution instructing the committee to inquire into the expediency of making compensation to James Points, marshal of the western district of Virginia.

Mr. Tipton, from the Committee of Claims, to whom was referred the petition of David Stone, submitted a report, accompanied by a bill (S. 135) for his relief. The bill was read, and passed to the second reading.

Ordered , That the report be printed.

On motion by Mr. Tipton,

Ordered , That the Committee on Military Affairs be discharged from the further consideration of the petition of William A. Gordon, and from the further consideration of the petition of John Keith.

0128 128

Mr. Preston, from the Committee on the Library, to whom the subject was referred, reported a resolution (S. 5) to authorize the purchase of certain manuscripts of the late James Madison; which was read, and passed to the second reading.

Mr. Robinson, from the Committee on the Post Office and Post Roads, to whom the subject was referred, reported a resolution (S. 6) authorizing the purchase of five hundred sets of maps compiled by David H. Burr; which was read, and passed to the second reading.

Mr. Robinson, from the Committee on the Post Office and Post Roads, to whom the subject was referred, reported a resolution (No. 7) to enable the Postmaster General more readily to change the commencement of the contract year in the Post Office Department; which was read, and passed to the second reading.

Mr. Robinson, from the Committee on the Post Office and Post Roads, to whom the subject was referred, reported a bill (S. 136) to provide for the transportation of the mail upon railroads; which was read, and passed to the second reading.

On motion by Mr. Niles,

Ordered , That the Committee on Revolutionary Claims be discharged from the further consideration of the memorial of Frances Moore, executrix of John E. Moore.

Agreeably to notice, Mr. Hendricks asked and obtained leave to bring in a bill (S. 137) for the relief of Joshua Davis Underwood; which was read, and passed to the second reading.

The said bill was read the second time by unanimous consent, and referred to the Committee on Public Lands.

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

Resolved , That the Committee on Commerce be instructed to inquire into the expediency of making an appropriation for removing the obstructions at Dog-river bar, so as to enable vessels drawing twelve feet water to get up to the city of Mobile.

Mr. King, of Alabama, submitted a letter addressed to General Charles Gratiot; which was referred to the Committee on Commerce.

Mr. Bayard reported from the committee that they had examined and found duly enrolled the bill (H. R. 744) entitled “An act to provide for the payment of horses and other property lost or destroyed in the military service of the United States.”

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

Mr. President: The Speaker of the House of Representatives having signed an enrolled bill, I am directed to bring it to the Senate for the signature of their President.

The Vice President signed the enrolled bill (H. R. 744) last reported to have been examined, and it was delivered to the committee to be laid before, the President of the United States.

The following bills from the House of Representatives were read the first and second times by unanimous consent:

H. R. 309. An act for the relief of H. and D. Cotheal, of New York.

H. R. 310. An act for the relief of Peter Harmony, of New York.

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

0129 129

The bill (H. R. 301) entitled “An act for the relief of Charles W. Pickering,” was read the first and second times by unanimous consent.

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

The following bills were read the first and second times by unanimous consent:

H. R. 306. An act for the relief of Jerah Fenner.

H. R. 235. An act for the relief of Philip F. Voorhees.

H. R. 249. An act for the relief of Wealthy Barker, widow of Isaac Barker, deceased.

H. R. 277. An act for the relief of William Christy.

H. R. 286. An act for the relief of F. A. Parker.

H. R. 378. An act for the relief of John P. Becker,

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

The bill (H. R. 287) entitled “An, act for the relief of Green Pryor and the heirs of Peter Pryor,” was read the first and second times by unanimous consent.

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

The bill (H. R. 296) entitled “An act for the relief of the legal representatives of Isaac Williams, deceased;” and

The bill (H. R. 326) entitled “An act for the relief of James Keytes;” were severally read the first and second times by unanimous consent.

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

The bill (H. R. 292) entitled “An act for the relief of James Brown and John Brown, half-breeds of the Cherokee nation of Indians,” was read the first and second times by unanimous consent.

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

The following bills, viz:

H. R. 480. An act for the relief of Josiah Strong and Samuel Rimick.

H. R. 351. An act granting a pension to William C. Beard, late a captain in the United States army;

H. R. 565. An act for the relief of Findlay Kellock; and

H. R. 672. An act for the relief of Alexander Gibson; were severally read the first and second times by unanimous consent.

Ordered , That the said bills be referred to the Committee on Pensions.

The bill (H. R. 279) entitled “An act for the relief of the legal representatives of Joseph Youngs, deceased;” and the bill (H. R. 560) entitled “An act for the relief of Hannah Hazard;” were severally read the first and second times by unanimous consent.

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

The bill (H. R. 784) entitled “An act to authorize certain railroad companies to construct railroads through the public lands in the Territory of Florida,” was read the first and second times by unanimous consent.

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

The bill (H. R. 177) “to amend the charter of the Potomac Fire Insurance Company of Georgetown,” was read the first and second times by unanimous consent.

Ordered , That it be referred to the Committee on the District of Columbia. 9

0130 130

On motion,

Ordered , That the bill (H. R. 825) entitled “An act giving the assent of Congress to an act of the General Assembly of the State of Virginia,” entitled “An act to amend an act incorporating the Falmouth and Alexandria Railroad Company,” which passed February 2, 1836, be referred to the Committee on the District of Columbia.

The Senate resumed, as in Committee of the Whole, the consideration of the bill (S. 20) to prohibit the sale of public lands except to actual settlers in limited quantities.

On motion by Mr. Ewing, of Ohio,

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

It was determined in the negative,

Yeas, 14,

Nays, 18.

On motion by Mr. Walker,

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

Those who voted in the affirmative, are,

Messrs. Bayard, Clay, Crittenden, Ewing of Ohio, Hendricks, Kent, Knight, Moore, Morris, Prentiss, Robbins, Southard, Swift, Tomlinson.

Those who voted in the negative, are,

Messrs. Benton, Brown, Buchanan, Dana, Fulton, Grundy, Hubbard, King of Alabama, Page, Robinson, Ruggles, Sevier, Tallmadge, Tipton, Walker, Wall, White, Wright.

On motion by Mr. Morris to amend the amendment, by inserting, section 1, line 4, after the word “prescribed,” the following words: “ all lands that have been offered for sale more than ten years, at seventy-five cents per acre; all lands that have been offered for sale more than five years and less than ten years, at one dollar per acre; and all other land at one dollar and twenty-five cents per acre ,”

It was determined in the affirmative,

Yeas, 19,

Nays, 18.

On motion by Mr. Black,

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

Those who voted in the affirmative, are,

Messrs. Benton, Black, Clay, Dana, Ewing of Illinois, Fulton, Grundy, Hendricks, King of Alabama, Linn, Moore, Morris, Page, Robinson, Sevier, Tipton, Walker, Wall, White.

Those who voted in the negative, are,

Messrs. Bayard, Brown, Buchanan, Calhoun, Crittenden, Ewing of Ohio, Hubbard, Kent, Knight, Prentiss, Robbins, Ruggles, Southard, Strange, Swift, Tallmadge, Tomlinson, Wright.

A further amendment having been proposed by Mr. Morris,

On motion by Mr. Buchanan,

The Senate proceeded to the consideration of Executive business; after which,

The Senate adjourned.

WEDNESDAY, January 18, 1837. Link to Annals.

The honorable Alfred Cuthbert , from the State of Georgia, attended.

The Vice President communicated a report of the Secretary of War, 0131 131 furnishing the information in relation to the Delaware breakwater called for by a resolution of the Senate of the 1st of July, 1836; which was read, and ordered to be printed.

The Vice President communicated a report of the Secretary of the Treasury, made in compliance with the “Act to regulate and fix the compensation of clerks in the different offices;” which was read.

The Vice President communicated a report of the Postmaster General, in relation to the emoluments of the respective postmasters; which was read, and ordered to be printed.

Mr. Moore presented three memorials of the Legislature of the State of Alabama—

1. Asking a transfer to the State of Alabama of the two per cent. fund arising from the sale of public lands, to be expended in the manner directed by the act of Congress for the admission of said State into the Union.

2. Praying an extension of the pre-emption law.

3. Asking the right of pre-emption to actual settlers of the public lands.

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

Mr. Linn presented the petition of Stephen Beauchamp, of Missouri, praying the right of pre-emption to a tract of land which he has improved, and whereon he resides; which was referred to the Committee on Public Lands.

Mr. Linn presented the petition of John Gurn and Sarshell C. Fugitt, praying, the right of pre-emption so as to include their improvements; which was referred to the Committee on Public Lands.

Mr. Kent presented the memorial of the members composing the Navy Yard Beneficial Society of the city of Washington, praying an act of incorporation; which was referred to the Committee on the District of Columbia.

Mr. Southard presented the petition of Thomas S. Bingey and Ignatius Lucas, watchmen of the southwest executive buildings, praying that their present compensation may be made to take effect from 27th June, 1834; which was referred to the Committee on the District of Columbia.

On motion by Mr. Strange,

Ordered , That the petition of William M. Sneed and others, on the files of the last session, be referred to the Committee on the Judiciary.

Mr. Davis presented the petition of John B. Russell, of Boston, praying the patronage of Congress to a proposed publication of original letters and documents connected with the biography of George Washington and the history of the revolutionary war; which was referred to the Committee on the Library.

On motion by Mr. Preston,

Ordered , That the memorial and papers of Thomas Sumpter, on the files of the Senate, be referred to the Committee on Foreign Relations.

Mr. Linn, from the Committee on Private Land Claims, to whom the subject was referred, reported a bill (S. 138) confirming the claim of the heirs of Michael Dragon to certain tracts of land therein mentioned; which was read, and passed to the second reading.

0132 132

On motion by Mr. Prentiss,

Ordered , That the Committee on Pensions be discharged, from the further, consideration of the petition of Cary Pratt.

Mr. Kent, from the Committee on the District of Columbia, to whom was referred the bill (S. 132) to incorporate the Howard Institution of the city of Washington, reported the same without amendment.

Mr. Southard, from the Committee on Naval Affairs, to whom was referred the bill (S. 8) for the more equitable administration of the navy pension fund, reported the same with an amendment; which was read.

Mr. Bayard, from the Committee on Private Land Claims, to whom was referred a memorial of certain Choctaw Indians, submitted a report, accompanied by a bill (139) for the adjustment of certain claims to reservations of land, under the 14th article of the treaty of 1830, with the Choctaw Indians. The bill was read, and passed to the second reading.

Ordered , That the report be printed.

Mr. Buchanan, from the Committee on Foreign Relations, to whom the subject was referred, reported a bill (S. 140) to continue in force for a limited time the act entitled “An act to carry into effect a convention between the United States and Spain;” which was read the first and second times by unanimous consent, and considered as in Committee of the Whole; and, no amendment having been made thereto, it was reported to the Senate.

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

On motion by Mr. Tomlinson,

Ordered , That the Committee on Pensions be discharged from the further consideration of the petition of the widow of Daniel Day; and from the further consideration of the petition of the widow of Thomas Cogswell.

On motion by Mr. Morris,

Ordered , That the Committee on Pensions be discharged from the further consideration of the petition of Samuel West; also, from the further consideration of the petition of Jerusha Mory.

On motion by Mr. Buchanan,

Ordered , That the Committee on Foreign Relations be discharged from the further consideration of the petition of the administrator of Covington Simkins.

Mr. Niles, from the Committee on Revolutionary Claims, to whom was referred the petition of the widow of Lieutenant John L. De Van Brun, submitted a report, accompanied by the following resolution:

“That the prayer of the petitioner ought not to be granted.”

Ordered , That the report be printed.

Mr. Niles, from the Committee on Revolutionary Claims, to whom was referred a memorial of the heirs of Henry Fisher, reported a bill (S. 142) for the relief of the legal representatives of Henry Fisher, deceased; which was read, and passed to the second reading.

Mr. Hubbard, from the Committee on Pensions, to whom the petition of John Crute, and other petitions praying arrears of pensions, were referred, reported a bill (S. 143) to authorize the payment of invalid pensions, in certain cases; which was read, and passed to the second reading.

On motion by Mr. Hubbard,

Ordered , That the Committee on Pensions be discharged from the further 0133 133 consideration of the petition of John Crute; of the widow of Mordecai Hall; of, the heirs of Philip Stewart; of the heir of Robert White; of the widow of William Barton; of the petition of William Wallace; of the heirs of Clement Seawall; and of the petition of William Evans.

On motion by Mr. Hubbard,

Ordered , That the Committee on Pensions be discharged from the further consideration of the petition of the widow of Nathaniel L. Raymond; and of documents relating to the claim of Ebenezer Hickox.

On motion by Mr. Sevier,

Ordered , That the Committee on Pensions be discharged from the further consideration of the documents relating to the claim of John Smith, of Indiana; and from the further consideration of the petition of Jeremiah Tyler.

Mr. Walker, from the Committee on Public Lands, to whom was referred the resolution (S. 1) to rescind the Treasury order of the 11th day of July, 1836, and to make uniform the currency receivable for the public revenue, reported the same without amendment.

Mr. Walker, from the Committee of Public Lands, to whom the subject was referred, reported a bill (S. 144) designating and limiting the funds receivable for the revenues of the United States; which was read, and passed to the second reading.

Mr. King, of Alabama, asked and obtained leave to bring in a bill (S. 145) to create a new land district in the State of Alabama; which was read the first and second times by unanimous consent, and referred to the Committee on Public Lands.

Agreeably to notice, Mr. Linn asked and obtained leave to bring in a bill (S. 146) authorizing the President of the United States to run and mark the line dividing the territory of the United States from the State of Missouri on the north; which was read the first and second times by unanimous consent, and referred to the Committee on the Judiciary.

Agreeably to notice, Mr. Linn asked and obtained leave to bring in a bill (S. 147) providing for the execution of certain surveys of the public lands; which was read the first and second times by unanimous consent, and referred to the Committee on Public Lands.

On motion by Mr. Linn,

Ordered , That the petition and papers of Humphrey Marshall, on the files of the Senate, be referred to the Committee on Pensions.

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

Resolved , That the Committee on the Public Lands be instructed to inquire into the expediency of causing patents to be issued to James Smith, of the post of Arkansas, for the southwest fractional quarter of section eighteen south, in range two west; also, for the east part of the northwest fractional quarter of section nineteen, in township eight south, in range two west; and, also, the west half of the southwest quarter of section nineteen, in range two west; which appear to have been entered by said Smith on the 23d of March, 1835, at Little Rock, in the Territory of Arkansas.

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

Resolved , That the Secretary of War be requested to communicate to the Senate, in addition to the report or letter of explanation of Governor Call, concerning military operations in Florida, required by resolution 0134 134 of the 14th instant, the communication calling for that report, and any other communication from or to the said Governor on the subject thereof.

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

Resolved , That the Secretary of the Treasury be directed to communicate to the Senate a statement of the amount of moneys received for public lands in each month of the year 1836, so far as he has returns thereof; also, that he inform the Senate what amount of money has been expended in each month of the year 1836, in removing gold and silver from the land offices to the deposite banks, and whether any, and if any, the amount of losses sustained thereby.

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

To the Senate of the United States:

I transmit to Congress, herewith, the copy of an act of the State of Missouri, passed on the 16th ultimo, expressing the assent of that State to the several provisions of the act of Congress entitled “An act to extend the western boundary of the State of Missouri to the Missouri river,” approved June 7, 1836. A copy of the act duly authenticated has been deposited in the Department of State.

ANDREW JACKSON.

Washington , January , 1837.

The message was read; and

Ordered , That it be printed.

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

To the Senate of the United States:

In compliance with a resolution of the Senate, at their last session, I herewith transmit the enclosed documents, which contain all the information on the subject of the claim of the heirs of George Galphin within the power of the Executive.

ANDREW JACKSON.

January 18, 1837.

The message was read.

Ordered , That it be printed, with the accompanying documents.

The President communicated a report of the Secretary of the Treasury, made in obedience to the act concerning public contracts, exhibiting the statements of contracts and expenditures therein required; which was ready

Ordered , That it be printed.

Mr. Dana reported from the committee that they had presented to the President of the United States, the 17th instant, the following enrolled bills:

H. R. 529. An act supplementary to the act entitled an act establishing a mint and regulating the coins of the United States.

H. R. 744. An act to provide for the payment of horses and other property lost or destroyed in the military service of the United States.

H. R. 753. An act making appropriations for the payment of revolutionary and other pensioners of the United States for the year 1837.

0135 135

The Senate resumed the consideration of the bill (S. 20) to prohibit the sale of the public lands except to actual settlers in limited quantities, together with the amendment reported thereto.

On motion of Mr. Clay to reconsider the vote of yesterday, on the amendment proposed by Mr. Morris,

On motion by Mr. Walker,

Ordered , That the further consideration of the bill be postponed to and made the order of the day for Friday, the 20th instant.

On motion by Mr. Wright,

The Senate proceeded to consider, as in Committee of the Whole, the bill (S. 46) for anticipating the payment of indemnities accruing to the citizens of the United States under the convention with France of the 4th July, 1831, and that with the Two Sicilies of the 14th of October, 1832; and, no amendment being made, it was reported to the Senate.

On the question, Shall this bill be engrossed and read a third time?

It was determined in the negative,

Yeas, 19,

Nays, 22.

On motion by Mr. Calhoun,

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

Those who voted in the affirmative, are,

Messrs. Benton, Buchanan, Dana, Fulton, Grundy, Hubbard, Linn, Nicholas, Niles, Page, Rives, Robinson, Ruggles, Sevier, Tallmadge, Tipton, Walker, Wall, Wright.

Those who voted in the negative, are,

Messrs. Bayard, Black, Brown, Calhoun, Clay, Crittenden, Davis, Ewing of Illinois, Ewing of Ohio, Hendricks, Kent, King, of Georgia, Knight, Moore, Morris, Prentiss, Preston, Robbins, Strange, Swift, Tomlinson, White.

So the bill was rejected.

The bill (S. 41) to repeal certain provisions of “An act to alter and amend the several acts imposing duties on imports,” approved the 14th day of July, 1832, 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 proceeded to consider, as in Committee of the Whole, the bill (S. 3) to allow a drawback of duties on imported hemp, when manufacted into cordage and exported; and having been amended, it was reported to the Senate, and the amendment was concurred in.

Ordered , That this bill be engrossed, and read a third time.

The Senate proceeded to consider, as in Committee of the Whole, the bill (S. 14) to authorize Peter Warner, of Indiana, to purchase a certain half section of land; and no amendment being made, it was reported to the Senate.

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

After the consideration of Executive business,

The Senate adjourned.

THURSDAY, January 19, 1837. Link to Annals.

The honorable Thomas Clayton , appointed a Senator by the Legislature of the State of Delaware, whose credentials were presented the 0136 136 13th instant, appeared; and the oath prescribed by law having been administered to him, he took his seat in the Senate.

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

To the Senate of the United States:

In compliance with the resolution of the Senate dated the 16th instant, I transmit a copy and a translation of a letter addressed to me on the 4th of July last by the President of the Mexican republic, and a copy of my reply to the same on the 4th of September. No other communication on the subject of the resolution referred to has been made to the Executive by any other foreign Government, or by any person claiming to act in behalf of Mexico.

ANDREW JACKSON.

Washington , January 18, 1837.

The message and accompanying documents were read, and ordered to be printed.

The Vice President communicated a report of the Secretary of the Navy, transmitting, in obedience to the act of the 3d March, 1809, a statement of contracts made by the Commissioners of the Navy during the year 1836; which was read.

Mr. Benton presented the petition of Henry Childs, of Maryland late a private in the regiment of dragoons, who has been discharged for a disability received while in the performance of his duty, praying a pension; which was referred to the Committee on Pensions.

Mr. Robinson presented the memorial of the Legislature of Illinois in favor of the passage of a general law providing compensation for losses sustained by marauding parties of Indians, and for horses and their equipments in the service of mounted volunteers, during the campaigns of 1831 and 1832; which was referred to the Committee on Indian Affairs.

Mr. Robinson presented the memorial of the General Assembly of the State of Illinois, praying the completion of the Cumberland road from Vandalia to the point of ultimate destination, and that it may pass through the town of Alton; which was referred to the Committee on Roads and Canals.

Mr. Kent presented the petition of the executor of Mary Sears, of the State of Maryland, praying compensation for property destroyed by the British during the late war; which was referred to the Committee of Claims.

Mr. Buchanan presented the petition of Horatio N. Crabb, a lieutenant of marines, praying the payment of certain allowances to which he was entitled as commanding marine officer, and the reimbursement of expenses incurred in the public service; which was referred to the Committee on Naval Affairs.

Mr. Linn presented the petition of a number of the inhabitants of the district of Palmyra, in Missouri, settlers on the public lands, praying the right of pre-emption; which was referred to the Committee on Public Lands.

Mr. Rives presented the memorial of a number of proprietors of coal lands on the south and north sides of James river, and others interested 0137 137 in the coal trade of Richmond, praying that the duty on foreign coal, imported, may not be repealed; which was referred to the Committee on Finance.

Mr. Wright, from the Committee on Finance, to whom was referred the bill (H. R. 309) entitled “An act for the relief of H. & D. Cotheal, of New York,” reported the same without amendment.

Mr. Wright, from the Committee on Finance, to whom was referred the bill (H. R. 310) entitled “An act for the relief of Peter Harmony, of New York,” reported the same without amendment.

On motion by Mr. Wright,

Ordered , That the Committee on Finance be discharged from the further consideration of the memorial of a number of importers of hardware in the city of Philadelphia.

Mr. Wright, from the Committee on Finance, to whom was referred the petition of De Forest Manice, submitted a report, accompanied by a bill (S. 148) for his relief. The bill was read, and passed to the second reading.

Ordered , That the report, with the accompanying papers, be printed.

On motion by Mr. Grundy,

Ordered , That the Committee on the Judiciary be discharged from the further consideration of the memorial of a number of the citizens of Baltimore, on the anticipation of the payment of the indemnities under the treaty with France.

Mr. Grundy, from the Committee on the Judiciary, to whom was referred the bill (S. 146) authorizing the President of the United States to run and mark the line dividing the territory of the United States from the State of Missouri on the north, reported the same without amendment.

Mr. Grundy, from the Committee on the Judiciary, to whom was referred the bill (S. 126) to prevent the abatement of suits, and for other purposes, reported the same with an amendment; which was read.

Mr. White, from the Committee on Indian Affairs, to whom was referred the bill (H. R. 292) entitled “An act for the relief of James Brown and John Brown, half-breeds of the Cherokee nation of Indians,” reported the same without amendment.

Agreeably to notice, Mr. Preston asked and obtained leave to bring in a resolution (S. 8) authorizing an appropriation for repairing a seawall, to be expended upon the reconstruction of the same; which was read the first and second times by unanimous consent, and referred to the Committee on Military Affairs.

Agreeably to notice, Mr. Grundy asked and obtained leave to bring in a bill (S. 149) to alter the times of holding, the circuit courts of the United States in the State of Tennessee; which was read the first and second times by unanimous consent, and referred to the Committee on the Judiciary.

Agreeably to notice, Mr. Knight asked and obtained leave to bring in a bill (S. 150) for the relief of Samuel Warner; which was read the first and second times by unanimous consent, and, with the petition and papers of Samuel Warner, on the files of last session, referred to the Committee on Naval Affairs.

0138 138

The following bills, viz:

S. 3. A bill to allow a drawback of duties on imported hemp when manufactured into cordage and exported;

S. 14. A bill to authorize Peter Warner, of Indiana, to purchase a certain half section of land;

S. 41. A bill to repeal certain provisions of “An act to alter and amend the several acts imposing duties on imports,” approved the 14th day of July, 1832; and

S. 140. A bill to continue in force, for a limited time, the act entitled “An act to carry into effect a convention between the United States and Spain;” having been reported by the committee correctly engrossed, were severally read a third time.

Resolved , That these bills pass, and that their respective titles be as aforesaid.

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

A motion was made by Mr. Knight to reconsider the vote of yesterday, on engrossing the bill (S. 46) for anticipating the payment of the indemnities accruing to the citizens of the United States under the convention with France of the 4th of July, 1831, and that with the Two Sicilies of the 14th of October, 1832; and,

On motion by Mr. Knight,

Ordered , That this motion lie on the table.

On motion by Mr. Tipton,

It was agreed to reconsider the vote of the 17th instant, discharging the Committee of Claims from the further consideration of the petition of the executor of J. J. Bulow; and,

On motion by Mr. Tipton,

Ordered , That the said petition be referred to the Committee of Claims,

The bill (S. 43) to authorize the Secretary of War to adjust and pay to Benjamin Murphy, of Arkansas, the value of his corn, cattle, and hogs, taken by the Cherokee Indians in the month of December, 1828, was read the second time, and considered as in Committee of the Whole; and, having been amended, it was reported to the Senate, and the amendment was concurred in.

Ordered , That this bill be engrossed, and read a third time.

The following bills, viz:

S. 50. A bill for the relief of William H. Robertson and Samuel H. Garrow;

S. 51. A bill granting commutation to Isaac Bronson; and

S. 91. A bill for the relief of George W. Brand, a citizen of the Cherokee nation of Indians west of the Mississippi river; were Severally read the second time, and considered as in Committee of the Whole; and, having been respectively amended, they were reported to the Senate, and the amendments were concurred in.

Ordered , That the said bills be engrossed, and read a third time.

The Senate proceeded to consider, as in Committee of the Whole, the bill (S. 35) authorizing the relinquishment of the 16th sections, granted for the use of schools, and the entry of other lands in lieu thereof, together with the amendment reported thereto; and the said amendment, 0139 139 with a further amendment, having been agreed to, the bill was reported to the Senate, and the amendment was concurred in.

Ordered , That this bill be engrossed, and the bill read a third time.

The following bills, viz:

S. 52. A bill for the relief of James McCrory;

S. 53. A bill for the relief of the legal heirs of Moses Elmer;

S. 55. A bill for the relief of William Hogan, administrator of Michael Hogan, deceased;

S. 59. A bill for the relief of the heirs of William Coggswell;

S. 77. A bill for the relief of Ransom Mix;

S. 84. A bill for the relief of the legal representatives of Gustavus B. Horner, deceased;

S. 90. A bill for the relief of Moses Van Campan;

S. 92. A bill for the relief of Irvine Shubrick;

S. 101. A bill for the relief of Thomas H. Perkins and others;

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

S. 103. A bill for the relief of Charles G. Hunter; were severally read the second time, and considered as in Committee of the Whole; and no amendment being made thereto, they were reported to the Senate.

Ordered , That the said bills be engrossed, and read a third time.

The Senate proceeded to consider, as in Committee of the Whole, the following bills, viz:

S. 2. A bill for the relief of Sarah Angel and the other heirs at law of Benjamin King, deceased;

S. 18. A bill for the payment of a debt due to the heirs of Antoine Peltier;

S. 22. A bill for the relief of the heirs of Nicholas Lachance and Joseph Placy;

S. 6. A bill for the relief of the heirs of General William Eaton;

S. 23. A bill for the relief of Caroline E. Clitherall, widow of Doctor George C. Clitherall, late a surgeon in the army of the United States;

S. 25. A bill for the relief of the legal representatives of Samuel Y. Keene;

S. 29. A bill for the relief of certain officers of the United States sloop of war Boston;

S. 30. A bill for the relief of Sebastian Butcher and the heirs and legal representatives of Bartholomew Butcher, Michael Butcher, and Peter Bloom;

S. 48. A bill to incorporate Washington's Manual Labor School and Male Orphan Asylum Society of the city of Washington and District of Columbia;

S. 58. A bill to authorize the Secretary of the Treasury to compromise the claim of the United States on the Alleghany Bank of Pennsylvania; and

S. 61. A bill to fix the compensation of the senior clerk employed in the Adjutant and Inspector General's office; and no amendment having been made thereto, they were reported to the Senate.

Ordered , That the said bills be engrossed, and read a third time.

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

Mr. President: The House of Representatives have passed a joint resolution 0140 140 (H. R. 20) authorizing the Secretary of the Treasury to correct a clerical error in the award of the commissioners under the treaty with France of 1831; also, An act (710) to authorize the President of the United States to furnish certain ordnance to the several States; and, An act (798) to change the name of the collection district of Dighton, in the State of Massachusetts, to Fall river, and for other purposes; in which resolution and bills they request the concurrence of the Senate.

On motion by Mr. Wright,

The Senate adjourned.

FRIDAY, January 20, 1837. Link to Annals.

The Vice President communicated a report of the Secretary of War, in answer to a resolution of the Senate of the 11th instant, in relation to the surveys, estimates, and maps of Owl's-head harbor; which was read, and referred to the Committee on Military Affairs.

On motion by Mr. Prentiss,

Ordered , That the Committee of Claims be discharged from the further consideration of the memorial of Archibald W. Hamilton.

Mr. Grundy, from the Committee on the Judiciary, to whom was referred the petition of Lucius W. Stockton and others, submitted a report, accompanied by the following resolution:

Resolved , That the Postmaster General is fully warranted in paying, and ought to pay, William B. Stokes and others, respectively, the full amount of the award of the Solicitor of the Treasury.

The report was read.

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

Mr. Linn, from the Committee on Indian Affairs, to whom was referred the petition of Jean B. Vallé, reported a bill (S. 151) for his relief; which was read, and passed to the second reading.

Mr. Grundy, from the Committee on the Judiciary, to whom was referred the bill (S. 149) to alter the times of holding the circuit courts of the United States in the State of Tennessee, reported the same without amendment.

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

Ordered , That this bill be engrossed, and read a third time.

On motion by Mr. Ewing, of Ohio,

Ordered , That the memorials on the files of the Senate, praying the erection of a bridge over the Ohio river, be referred to the Committee on Roads and Canals.

Mr. Hendricks, from the Committee on Roads and Canals, to whom was referred the bill (H. R. 784) entitled “An act to authorize certain railroad companies to construct railroads through the public lands in the Territory of Florida,” reported the same with amendments.

The Senate proceeded to consider the said bill, as in Committee of the Whole, together with the amendments reported thereto; and the amendments having been agreed to, the bill was reported to the Senate, and the amendments were concurred in.

Ordered , That the amendments be engrossed, and the bill read a third time.

0141 141

Mr. Robinson, from the Committee on Roads and Canals, to whom was referred the memorial of the Galena and Chicago Union Railroad Company, reported a bill (S. 152) granting to the Galena and Chicago Union Railroad Company the right of pre-emption to a quantity of land on certain conditions; which was read, and passed to the second reading.

On motion by Mr. Robinson,

Ordered , That the papers accompanying the last-mentioned bill be printed.

Mr. Nicholas, from the Committee on the District of Columbia, to whom a memorial of the corporate authorities of Alexandria was referred, submitted a report, accompanied by a bill (S. 153) for the relief of the citizens of Alexandria. The bill was read, and passed to the second second reading.

Ordered , That the report be printed.

On motion by Mr. Hubbard,

Ordered , That the Committee of Claims be discharged from the further consideration of the bill entitled “An act (H. R. 235) for the relief of Philip F. Voorhees,” and that the same be referred to the Committee on Naval Affairs.

On motion by Mr. Hubbard,

Ordered , That the Committee of Claims, to whom was referred the bill (H. R. 286) entitled “An act for the relief of F. A. Parker,” be discharged from the further consideration thereof, and that the same be referred to the Committee on Naval Affairs.

Mr. Tomlinson, from the Committee of Pensions, who were instructed to inquire into the subject, reported a bill (S. 154) to continue the office of Commissioner of Pensions; which was read, and passed to the second reading.

On motion by Mr. Hubbard,

Ordered , That the Committee of Claims be discharged from the further consideration of the bill (H. R. 249) entitled “An act for the relief of Wealthy Barker, widow of Isaac Barker, deceased;” also, from the further consideration of the bill (H. R. 378) entitled “An act for the relief of John P. Becker;” and that the said bills be referred to the Committee on Pensions.

Mr. Hubbard, from the Committee of Claims, to whom was referred the bill (H. R. 306) entitled “An act for the relief of Jerah Fenner,” reported the same without amendment.

Mr. Linn presented an act of the Territorial Legislature of Wisconsin, entitled “An act to incorporate the stockholders of the Bank of Mineral Point;” which was referred to the Committee on Finance.

On motion by Mr. Kent,

Ordered , That the Committee on the District of Columbia be discharged from the further consideration of the message of the President of the United States of the 17th instant, relative to the burning of the Treasury Department, and that the same be referred to the Committee on the Judiciary.

Mr. Kent, from the Committee on the District of Columbia, to whom was referred the bill (H. R. 177) entitled “An act to amend the charter 0142 142 of the Potomac Fire Insurance Company of Georgetown, reported the same without amendment.

A motion was made by Mr. Crittenden that the Committee of Claims be discharged from the further consideration of the memorial of Samuel H. Thompson; and,

On motion by Mr. King, of Alabama,

Ordered , That the said motion lie on the table.

Mr. Benton presented certain papers, in relation to bill (S. 5) to increase the present military establishment of the United States and for other purposes; which were ordered to be printed.

Mr. Rives presented the petition of Thomas K. Beale, of Alexandria, D. C., praying relief from the arbitrary and unjust exercise of an unlimited power of taxation vested in the municipal authorities of that place by their present charter; which was referred to the Committee on the District of Columbia.

Mr. Rives presented the memorial of the trustees of the Norwich University of Vermont, praying the grant of a township of unappropriated public land; which was referred to the Committee on Public Lands.

Mr. Hendricks presented the petition of Jacob Shenkle, of Indiana, praying compensation for his services as an issuing commissary during the late war with Great Britain; which was referred to the Committee of Claims.

Mr. Linn presented the memorial of the heirs and legal representatives of the late Carlos De Vilemont, praying the confirmation of a grant of land for two leagues front, on the Mississippi, by one in depth; which was referred to the Committee on Private Land Claims, and, with the accompanying documents, ordered to be printed.

On motion by Mr. Sevier,

Ordered , That the memorial of a number of the citizens of Arkansas, presented the 17th January, be printed.

The bill (S. 35) authorizing the relinquishment of the 16th sections granted for the use of schools, and the entry of other lands in lieu thereof, having been reported by the committee correctly engrossed, was read a third time.

On the question, “Shall this bill pass?”

It was determined in the affirmative,

Yeas, 24,

Nays, 12.

On motion by Mr. Ewing, of Ohio,

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

Those who voted in the affirmative, are,

Messrs. Benton, Black, Buchanan, Cuthbert, Dana, Ewing of Illinois, Fulton, Grundy, Hendricks, Hubbard, King of Alabama, Linn, Moore, Morris, Nicholas, Niles, Rives, Robinson, Sevier, Tallmadge, Tipton, Walker, White, Wright.

Those who voted in the negative, are,

Messrs. Brown, Calhoun, Clay, Clayton, Ewing of Ohio, Knight, Prentiss, Preston, Robbins, Ruggles, Strange, Swift.

So it was

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.

0143 143

The bill (S. 50) for the relief of William H. Robertson and Samuel H. Garrow, was read the third time, and the title amended.

Resolved , That this bill pass, and that the title thereof be “An act for the relief of William H. Robertson, Samuel Garrow, and John W. Siminton.”

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

The following bills having been reported from the committee correctly engrossed, were severally read the third time, to wit:

S. 2. Bill for the relief of Sarah Angel and the other heirs at law of Benjamin King, deceased.

S. 6. Bill for the relief of the heirs of General William Eaton.

S. 18. Bill for the payment of a debt due to the heirs of Antoine Peltier.

S. 22. Bill for the relief of the heirs of Nicholas Lachance and Joseph Placy.

S. 23. Bill for the relief of Caroline E. Clitherall, widow of Doctor George C. Clitherall, late a surgeon in the army of the United States.

S. 25. Bill for the relief of the legal representatives of Samuel Y. Keene.

S. 29. Bill for the relief of certain officers of the United States sloop of war Boston.

S. 30. Bill for the relief of Sebastian Butcher and the heirs and legal representatives of Bartholomew Butcher, Michael Butcher, and Peter Bloom.

S. 43. Bill to authorize the Secretary of War to adjust and pay to Benjamin Murphy, of Arkansas, the value of his corn, cattle, and hogs, taken by the Cherokee Indians in the month of December, eighteen hundred and twenty-eight.

S. 48. Bill to incorporate Washington's Manual Labor School and Male Orphan Asylum of the city of Washington and District of Columbia.

S. 50. Bill for the relief of William H. Robertson and Samuel H. Garrow.

S. 51. Bill granting commutation to Isaac Bronson.

S. 52. Bill for the relief of James McCrory.

S. 53. Bill for the relief of the legal heirs of Moses Elmer.

S. 55. Bill for the relief of William Hogan, administrator of Michael Hogan, deceased.

S. 58. Bill to authorize the Secretary of the Treasury to compromise the claim of the United States on the Alleghany Bank of Pennsylvania.

S. 59. Bill for the relief of the heirs of William Coggswell.

S. 61. Bill to fix the compensation of the senior clerk employed in the Adjutant and Inspector General's office.

S. 77. Bill for the relief of Ransom Mix.

S. 84. Bill for the relief of the legal representatives of Gustavus B. Horner, deceased.

S. 90. Bill for the relief of Moses Van Campen.

S. 91. Bill for the relief of George W. Brand, a citizen of the Cherokee nation of Indians west of the Mississippi river.

S. 92. Bill for the relief of Irvine Shubrick.

S. 96. Bill for the relief of John McCloud.

0144 144

S. 101. Bill for the relief of Thomas H. Perkins and others.

S. 103. Bill for the relief of Charles G. Hunter.

Resolved , That these bills pass, and that their respective titles 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. Franklin, their Clerk:

Mr. President: The House of Representatives have passed a joint resolution (H. R. 21) to grant relief to the legal representatives of Michael Fenwick, deceased; also, the following bills, viz:

H. R. 265. “An act for the relief of Henry Lee.”

H. R. 416. “An act further to amend the act incorporating the Chesapeake and Ohio Canal Company.”

H. R. 482. “An act to authorize the New Orleans and Carrollton Railroad Company to construct a railroad from Carrollton to the town of Bayou Sara, in the State of Louisiana.”

The joint resolution (H. R. 21) to grant relief to the legal representatives of Michael Fenwick, deceased, was read the first and second times by unanimous consent, and referred to the Committee of Claims.

The joint resolution (H. R. 20) “authorizing the Secretary of the Treasury to correct a clerical error in the award of the commissioners under the treaty with France of 1831,” was read the first and second times by unanimous consent, and referred to the Committee on Finance.

The bill (H. R. 798) entitled “An act to change the name of the collection district of Dighton, in the State of Massachusetts, to Fall river, and for other purposes,” was read the first and second times by unanimous consent, and referred to the Committee on Commerce.

The bill (H. R. 265) entitled “An act for the relief of Henry Lee,” was read the first and second times by unanimous consent, and referred to the Committee on Military Affairs.

The bill (H. R. 710) entitled “An act to authorize the President of the United States to furnish certain ordnance to the several States,” was read the first and second times by unanimous consent, and referred to the Committee on Military Affairs.

The bill (H. R. 482) entitled “An act to authorize the New Orleans and Carrollton Railroad Company to construct a railroad from Carrollton to the town of Bayou Sara, in the State of Louisiana,” was read the first and second times by unanimous consent, and referred to the Committee on Roads and Canals.

The bill (H. R. 416) entitled “An act further to amend the act incorporating the Chesapeake and Ohio Canal Company,” was read the first and second times by unanimous consent, and referred to the Committee on the District of Columbia.

A motion was made by Mr. Ewing, of Ohio, to postpone the special orders of the day, for the purpose of proceeding to the consideration of the bill (S. 144) designating and limiting the funds receivable for the revenues of the United States; and

It was determined in the negative,

Yeas, 14,

Nays, 25.

On motion by Mr. Ewing, of Ohio,

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

0145 145

Those who voted in the affirmative, are,

Messrs. Black, Clay, Clayton, Crittenden, Ewing of Ohio, Kent, Knight, Moore, Nicholas, Prentiss, Robbins, Swift, Tomlinson, White.

Those who voted in the negative, are,

Messrs. Benton, Brown, Buchanan, Calhoun, Cuthbert, Dana, Ewing of Illinois, Fulton, Grundy, Hendricks, Hubbard, King of Alabama, Linn, Morris, Niles, Page, Preston, Rives, Robinson, Ruggles, Strange, Tallmadge, Tipton, Walker, Wright.

On motion by Mr. Walker,

Ordered , That the consideration of the special orders, previous to the bill (S. 20) to prohibit the sale of public lands except to actual settlers, in limited quantities, be postponed to Monday next.

The Senate resumed, as in Committee of the Whole, the consideration of the bill (S. 20) to prohibit the sale of public lands except to actual settlers, in limited quantities, together with the motion by Mr. Clay, to reconsider the vote on the amendment proposed, by Mr. Morris, the 17th instant, to the amendment reported by the committee.

The motion to reconsider the vote upon the said amendment was agreed to.

Mr. Morris having modified his proposed amendment,

On the question to agree thereto, as follows:

Insert, section 1, line 4, after the word “prescribed,” the following words: “ All lands that have been offered for sale more than ten years, at seventy-five cents per acre; all lands that have been offered for sale more than five years and less than ten years, at one dollar per acre; and all other land at one dollar and twenty-five cents per acre: Provided, That no person shall enter more than one quarter section at said reduced price ,”

It was determined in the negative,

Yeas, 18,

Nays, 19.

On motion by Mr. Black,

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

Those who voted in the affirmative, are,

Messrs. Benton, Black, Clayton, Ewing of Illinois, Fulton, Grundy, Hendricks, King of Alabama, Linn, Moore, Morris, Nicholas, Rives, Robinson, Sevier, Tipton, Walker, White.

Those who voted in the negative, are,

Messrs. Brown, Buchanan, Calhoun, Clay, Crittenden, Dana, Ewing of Ohio, Hubbard, Kent, Niles, Page, Prentiss, Preston, Robbins, Strange, Swift, Tallmadge, Tomlinson, Wright.

Further amendments having been proposed, a debate ensued; and,

On motion by Mr. Morris,

The Senate adjourned.

SATURDAY, January 21, 1837. Link to Annals.

Mr. Clay presented the memorial of certain inhabitants of Wurtsborough, Sullivan county, praying the modification of the naturalization laws, and the adoption of legislative enactments in relation to nunneries and convents; which was referred to the Committee on the Judiciary.

Mr. Robbins presented the memorial of a number of merchants and 10 0146 146 citizens of Bristol, Rhode Island, praying that an appropriation may be made for the improvement of the harbor of Bristol, by the erection of piers; which was referred to the Committee on Commerce.

Mr. Kent presented the petition of Elizabeth H. Newman, executrix of Francis Newman, praying to be released from the payment of interest on a debt due to the United States, which originated from his liability for the default of his deputy collector; which petition was referred to the Committee on the Judiciary.

Mr. Rives presented the petition of Samuel Griffith, praying arrears, and an augmentation, of pension; which was referred to the Committee on Pensions.

Mr. Preston presented the petition of the executors of James Roddy, praying to be released from his liability as a surety of Samuel Champlin, a paymaster in the army; which was referred to the Committee on the Judiciary.

Mr. Preston presented the petition of certain creditors of the late James Roddy, praying that his executor may be exonerated from liability on account of his testator having been one of the sureties of Samuel Champlin, a paymaster in the army; which was referred to the Committee on the Judiciary.

Mr. Linn presented the petition of a number of citizens of the State of Missouri, praying that the rights of the Choctaw Indians to reservations of land, under the fourteenth article of the treaty of Dancing Rabbit Creek, may be ascertained, under the authority of the General Government; which was ordered to be printed.

Agreeably to notice, Mr. Rives asked and obtained leave to bring in a bill (S. 155) for the relief of Thomas B. Parsons; which was read the first and second times by unanimous consent, and referred to the Committee on Naval Affairs.

Mr. King, of Alabama, from the Committee on Public Lands, to whom was referred the bill (S. 145) to create a new land district in the State of Alabama, reported the same without amendment.

A motion was made by Mr. Walker to discharge the Committee on Public Lands from the further consideration of a resolution, of the 12th instant, instructing the committee in relation to the operation of the Treasury order of the 11th July, 1836; and that the said resolution be referred to the Committee on Finance.

A division of the question was called for by Mr. King, of Alabama; and being taken on so much of the motion as proposes to discharge the Committee on Public Lands from the further consideration of the resolution,

It was determined in the affirmative.

The motion to refer the said resolution to the Committee on Finance was thereupon agreed to.

On motion by Mr. Grundy,

Ordered , That the Committee on the Judiciary be discharged from the further consideration of the petition of J. J. Robertson.

Mr. Crittenden, from the Committee of Claims, to whom was referred the petition of Washington Bowie and others, submitted a report, accompanied by a bill (S. 156) for the relief of the owners of the ship Alleghany and their legal representatives. The bill was read, and passed to the second reading.

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Ordered , That the report be printed.

On motion by Mr. Grundy,

Ordered , That the Committee on the Judiciary be discharged from the further consideration of the resolution of the 6th January, relating to the compensation of the clerks of the federal courts held at Richmond and Norfolk, in Virginia.

Mr. King, of Alabama, presented a memorial of the Legislature of the State of Alabama, in favor of increasing the pay of the militia in the service of the United States; and a resolution of the said Legislature instructing the Senators and requesting the Representatives of the said State, in Congress, in relation to the same; which memorial and resolution were referred to the Committee on Military Affairs.

Mr. Walker, from the Committee on Public Lands, to whom was referred the petition of Michael Thornton, reported a bill (S. 157) for his relief; which was read, and passed to the second reading.

The Senate proceeded to consider the resolution reported by the Committee on Military Affairs the 16th instant, in relation to an examination of improvements in fire-arms; and agreed thereto.

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

Resolved , That the Committee on Commerce be instructed to inquire into the expediency of making an appropriation for the construction of a mole or pier at or near Cape Henlopen, to facilitate the communication between the Delaware breakwater and the main land, in conformity with a report made on that subject by the Secretary of War on the 28th January, 1836.

The bill (S. 149) to alter the times of holding the circuit courts of the United States in the State of Tennessee, 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 amendments to the bill (H. R. 784) entitled “An act to authorize certain railroad companies to construct railroads through the public lands in the Territory of Florida,” having been reported by the committee correctly engrossed, the bill was read a third time as amended.

Resolved , That this bill pass with amendments.

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

The Senate resumed, as in Committee of the Whole, the consideration of the bill (S. 20) to prohibit the sale of public lands except to actual settlers, in limited quantities, together with the amendment reported thereto.

On motion by Mr. Walker,

To amend the amendment by striking out, section 3, line 8, the word “three,” and inserting the word “ one ,”

It was determined in the negative,

Yeas, 12.

Nays, 23.

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. Benton, Black, Clayton, Ewing of Illinois, Fulton, Hendricks, Moore, Robinson, Sevier, Tipton, Walker, Wright.

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Those who voted in the negative, are,

Messrs. Bayard, Brown, Calhoun, Clay, Crittenden, Cuthbert, Ewing of Ohio, Grundy, Hubbard, Kent, King of Alabama, Knight, Linn, Morris, Nicholas, Niles, Page, Rives, Robbins, Strange, Swift, Tallmadge, White.

On motion by Mr. Grundy,

To amend the reported amendment by striking out, section 3, line 8, the word “there,” and inserting “ two ,”

It was determined in the affirmative,

Yeas, 27,

Nays, 11.

On motion by Mr. Grundy,

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

Those who voted in the affirmative, are,

Messrs. Benton, Black, Brown, Buchanan, Clayton, Cuthbert, Dana, Ewing of Illinois, Fulton, Grundy, Hendricks, Hubbard, King of Alabama, Linn, Moore, Morris, Nicholas, Page, Rives, Robinson, Sevier, Strange, Tallmadge, Tipton, Walker, White, Wright.

Those who voted in the negative, are,

Messrs. Bayard, Calhoun, Clay, Crittenden, Ewing of Ohio, Kent, Knight, Niles, Robbins, Swift, Tomlinson.

The amendment reported by the committee having been further amended,

On motion by Mr. Grundy,

Ordered , That the further consideration of the bill be postponed to and be made the order of the day for Monday, the 23d instant.

On motion by Mr. Grundy,

The Senate proceeded to consider, as in Committee of the Whole, the bill (S. 126) to prevent the abatement of suits, and for other purposes, together with the amendment reported thereto; and the amendment having been agreed to, the bill was reported to the Senate, and the amendment was concurred in.

Ordered , That this bill be engrossed, and read a third time.

The Senate proceeded to consider, as in Committee of the Whole, the bill (H. R. 760) entitled “An act for the relief of Norman Holt,” together with the amendments reported thereto; and the amendments having been agreed to, the bill was reported to the Senate, and the amendments were concurred in.

Ordered , That the amendments be engrossed, and the bill read a third time.

The Senate proceeded to consider, as in Committee of the Whole, the bill (H. R. 401) entitled “An act for the relief of Robert P. Letcher and Thomas P. Moore;” and no amendment having been made thereto, it was reported to the Senate.

Ordered , That this bill be read a third time.

The Senate proceeded to consider, as in Committee of the Whole, the following bills, viz:

S. 24. Bill for the relief George F. Strother;

S. 111. Bill to authorize George Whitman to import an iron steamboat, in detached parts, with the necessary machinery, tools, and working utensils therefor, free from duty;

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S. 115. Bill for the relief of the corporate authorities of the city of Mobile; and no amendment being made thereto, they were severally reported to the Senate.

Ordered , That they be engrossed, and read a time.

The following bills were read a second time, and considered as in Committee of the Whole, viz:

S. 109. Bill for the relief of the heirs of Doctor John Ramsay, deceased;

S. 106. Bill for the relief of Benjamin Jones Porter;

S. 110. Bill for the relief of Eneas Munson;

S. 114. Bill for the relief of Thomas Cannon;

S. 117. Bill for the payment of the Vermont militia for services at the battle of Plattsburg; and no amendment having been made thereto, they were respectively reported to the Senate.

Ordered , That they be severally read a third time.

On motion,

The Senate adjourned.

MONDAY, January 23, 1837. Link to Annals.

The Vice President communicated a report of the Secretary of War, transmitting the correspondence between, the Governor of Florida and the War Department, called for by resolutions of the Senate of the 14th and 18th instant; which was read, and ordered to be printed.

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

To the Senate of the United States:

I herewith transmit a copy of the annual report of the Director of the Mint, showing the operations of the institution during the past year; and also the progress made towards completion of the branch mints in North Carolina, Georgia, and Louisiana.

ANDREW JACKSON.

January 19, 1837.

The message was read, and ordered to be printed.

Mr. Grundy presented the memorial of John W. Cooke, of Tennessee, proposing to drain a portion of the public land covered by Reelfoot lake, on the condition of obtaining from the United States a grant of the same; which was referred to the Committee on Public Lands.

Mr. Wright presented the memorial of H. Meech & Co. and others, of New York, praying the erection of a light-house and the construction of a harbor at Milwaukee; which was referred to the Committee on Commerce.

Mr. Wright presented the petition of John W. Kearney, of the State of New York, praying that certain custom-house bonds, given to the United States, may be cancelled; which was referred to the Committee on the Judiciary.

Mr. Linn presented the following memorials of the Legislative Assembly of the Territory of Wisconsin:

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1. Praying an appropriation of seventy-five thousand dollars for the construction of a road from Fort Winnebago to Fort Howard.

2. Praying an appropriation, to be expended under the direction of the Territorial Legislature, for the construction of a road from Lake Michigan to the Mississippi river.

3. Praying an appropriation of eight thousand dollars for opening a road from Fort Winnebago, to intersect the military road leading from Green Bar to Chicago; which memorials were severally referred to the Committee on Roads and Canals.

Mr. Linn presented the memorial of the Legislature of the Territory of Wisconsin, praying that the proceeds of the sales of lots in certain towns in that Territory may be appropriated to certain improvements therein.

Mr. Linn presented a memorial of the Legislative Assembly of the Territory of Wisconsin, praying the passage of a law granting pre-emption rights to actual settlers.

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

Mr. Linn presented a memorial of the Council and House of Representatives of the Territory of Wisconsin, praying that arms, ordnance, and ammunition, may be deposited within said Territory, for the use of its citizens; which was referred to the Committee on Military Affairs.

Mr. Linn presented the memorial of the Legislative Assembly of Wisconsin Territory, praying appropriations for the improvement of rivers, the construction of harbors, the erection of light-houses, and the completion of a military road; which was referred to the Committee on Commerce.

Mr. Ewing, of Illinois, presented the memorial of the General Assembly of the State of Illinois, praying that the pension act of 1832 may be so amended as to embrace all who served in the army, anterior to 1795, a tour of three months; and that a bounty in land may be granted to every soldier who served a like period in the late war with Great Britain; which was referred to the Committee on Pensions.

Mr. Ewing, of Illinois, presented the memorial of the General Assembly of the State of Illinois, praying a repeal of the existing law exempting the public lands from taxation for live years from the time of sale; which was referred to the Committee on Public Lands, and ordered to be printed.

Mr. Tallmadge presented the memorial of a number of merchants and citizens of Detroit, praying an appropriation for the purpose of improving Van Buren harbor, on Lake Erie.

Mr. Tallmadge presented the petition of certain ship-owners and forwarding-merchants, of the city of Detroit, praying an appropriation for the construction of a harbor at the mouth of Galien river.

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

Mr. Tomlinson presented the petition of David Beard, of New York, praying a pension for military services during the revolutionary war; which was referred to the Committee on Pensions.

Mr. King of Alabama, presented the petition of William Barclay, praying 0151 151 that he may be allowed to enter one thousand acres of land, agreeably to the principle of the act entitled “An act for the relief of the representatives of John Donelson, Stephen Heard, and others;” which was referred to the Committee on Private Land Claims.

Mr. King, of Alabama, presented the memorial of a number of the settlers of the public land known as the Cherokee country, in the State of Alabama, praying the right of pre-emption, on such conditions as Congress may prescribe; which was referred to the Committee on Public Lands.

Mr. Linn presented the petition of Van Doren, Pease, and company, praying the grant of the right of way, three hundred feet in width, through certain public lands, and other privileges, to enable them to construct two railroads, which they propose to commence; which petition was referred to the Committee on Public Lands.

On motion by Mr. Prentiss,

Ordered , That the Committee of Claims be discharged from the further consideration of the petition of Henry Waller.

On motion by Mr. White,

Ordered , That the Committee on Revolutionary Claims be discharged from the further consideration of the petition of Elizabeth Montgomery, sole heir of Captain Hugh Montgomery.

Mr. Wright, from the Committee on Finance, to whom was referred the memorial of the Board of Trade of the city of New York, praying the establishment of a national bank, reported the following resolution:

That the prayer of the memorialist ought not to be granted.

On motion by Mr. Brown,

Ordered , That the Committee on Revolutionary Pensions be discharged from the further consideration of the petition of Simon Lucas; and that the said petition be referred to the Committee on Pensions.

Mr. Brown, from the Committee on Revolutionary Claims, to whom was referred the memorial of the representatives of Lucy Bond and Hannah Douglas, reported a bill (S. 158) in addition to the act for the relief of the legal representatives of Lucy Bond and Hannah Douglas; which was read, and passed to the second reading.

On motion by Mr. Grundy,

Ordered , That the Committee on the Judiciary be discharged from the further consideration of the memorial of certain inhabitants of Wurtsborough, Sullivan county, New York.

Mr. Walker, from the Committee on Public Lands, to whom was referred the petition of James Dutton, submitted a report, accompanied by a bill (S. 159) for his relief. The bill was read, and passed to the second reading.

Ordered , That the report be printed.

On motion by Mr. Hubbard,

Ordered , That the Committee on Revolutionary Claims be discharged from the further consideration of the petition of James Newell.

Mr. Hubbard, from the Committee on Revolutionary Claims, to whom was referred the memorial of the legal representatives of Henry Morfit, submitted a report, accompanied by a bill (S. 160) for their relief.

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

Ordered , That the report be printed.

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On motion by Mr. Crittenden,

Ordered , That the Committee on Revolutionary Claims be discharged from the further consideration of the petition of Polly Buck; also, from the further consideration of the petition of Enoch K. Withers.

Mr. Crittendon, from the Committee on Revolutionary Claims, to whom was referred the petition of William Arnel, submitted a report, together with the following resolution:

That the prayer of the petitioner be rejected.

Ordered , That the report be printed.

Mr. Crittenden, from the Committee on Revolutionary Claims, to whom was referred the petition of the heirs of John Hawkins, submitted a report, accompanied by the following resolution:

That the player of the petition be rejected.

Ordered , That the report be printed.

Mr. Crittenden, from the Committee on Revolutionary Claims, to whom was referred the petition of the heirs of Philip Johnson, submitted a report, together with the following resolution:

That the prayer of the petition be rejected.

Ordered , That the report be printed.

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

S. 161. A bill to amend the act for quieting possessions, enrolling conveyances, and securing the estates of purchasers within the District of Columbia, passed the 31st day of May, 1832.

S. 162. A bill to organize the several fire companies in the District of Columbia.

S. 163. A bill to incorporate the President and Directors of the Firemen's Insurance Company of Washington and Georgetown, in the District of Columbia.

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

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

On motion by Mr. Tomlinson,

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

Agreeably to notice, Mr. King, of Alabama, asked and obtained leave to bring in a bill (S. 164) to provide for the adjustment of title and final disposition of the four reserved sections in the tract of country allotted to the Tombeckbee Association for the encouragement of the cultivation of the vine and olive; which was read the first and second times by unanimous consent, and, with the accompanying documents, referred to the Committee on Public Lands.

Mr. Crittenden, from the Committee on Revolutionary Claims, to whom was referred the petition of the legal representatives, of William Jones, submitted a report, accompanied by a bill (S. 166) for the relief of the heirs and representatives of William Jones, deceased, late of the State of Maryland. The bill was read, and passed to the second reading.

Ordered , That the report be printed.

Mr. Niles, from the Committee on Manufactures, to whom were referred a number of petitions and memorials, praying the repeal of the duty 0153 153 on foreign coal, submitted a report, accompanied by a bill (S. 165) to alter and amend the several acts imposing duties on imports.

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

Ordered , That the report be printed, and that one thousand additional copies be sent to the Senate.

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

Resolved , That the Committee on Pensions be instructed to inquire into the expediency of augmenting the pension of James Bruster, of the State of Kentucky.

The amendments to the bill (H. R. 760) entitled “An act for the relief of Norman Holt,” having been reported by the committee correctly engrossed, the bill was read a third time as amended.

Resolved , That this bill pass with amendments.

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

The bill entitled “An act (H. R. 401) for the relief of Robert P. Letcher and Thomas P. Moore,” was read a third time.

Resolved , That this bill pass.

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

The bill (S. 126) to prevent the abatement of suits and for other purposes, having been reported by the committee correctly engrossed, was read a third time.

On motion by Mr. Grundy,

The bill was amended by unanimous consent, by striking out “for,” in the 2d and 4th lines of the 6th section, and inserting the word in; and

The title being amended,

Resolved , That this bill pass, and that the title thereof be “An act in amendment of the acts respecting the judicial system of the United States.”

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

The following bills, viz:

S. 24. A bill for the relief of George F. Strother;

S. 106. A bill for the relief of Benjamin Jones Porter;

S. 109. A bill for the relief of the heirs of Dr. John Ramsay, deceased;

S. 110. A bill far the relief of Eneas Munson;

S. 111. A bill to authorize George Whitman to import an iron steamboat in detached parts, with the necessary machinery, tools, and working utensils therefor, free from duty;

S. 114. A bill for the relief of Thomas Cannon;

S. 115. A bill for the relief of the corporate authorities of the city of Mobile;

S. 117. A bill for the payment of the Vermont militia, for services at the battle of Plattsburg; having been reported by the committee Correctly engrossed, were severally read a third time.

Resolved , That these bills pass.

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

The following bills were severally read the second time, and considered as in Committee of the Whole, viz:

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S. 93. A bill for the relief or Daniel Steenrod; and

S. 105. A bill for the relief of Andrew Knox; and no amendment having been made thereto, they were respectively reported to the Senate.

Ordered , That these bills be engrossed, and read a third time.

The Senate proceeded, as in Committee of the Whole, to consider the following bills, viz:

S. 4. A bill making appropriations for the collection of materials and the purchase of sites, and to commence the construction of certain fortifications, and for other purposes.

S. 5. A bill to increase the present military establishment of the United States, and for other purposes.

S. 12. A bill to establish a foundry, an armory in the West or Southwest, arsenals in the States in which none have yet been established, and depots for arms in certain States and Territories; and,

On motion by Mr. Benton,

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

The Senate resumed, as in Committee of the Whole, the bill (S. 20) to prohibit the sale of public lands except to actual settlers, in limited quantities, together with the amendment reported thereto.

The said amendment having been further amended,

After debate,

On motion by Mr. Clay,

The Senate adjourned.

TUESDAY, January 24, 1837. Link to Annals.

The Vice President communicated a report of the Secretary of War, made in compliance with a resolution of the Senate of the 4th of July, 1836, in relation to the improvements of harbors, rivers, and other objects committed to the Topographical bureau; which was read.

Mr. Ewing, of Ohio, presented the petition of John Roads, praying a pension in consideration of his military service during the revolutionary war; which was referred to the Committee on Pensions.

Mr. Buchanan presented the petition of a number of the inhabitants of Erie county, Pennsylvania, praying an appropriation for the survey of the mouth of Walnut creek, at its junction with Lake Erie, as a suitable point for the formation of an artificial harbor; which was referred to the Committee on Commerce.

Mr. Dana presented the petition of Catharine Pearl and others, widows of revolutionary soldiers, praying pensions or other relief; which was referred to the Committee on Pensions.

Mr. Hubbard presented the petition of Thomas D. Morrison, praying arrears of pension; which was referred to the Committee on Pensions.

Mr. Hubbard presented the petition of Enoch Rowell, of New Hampshire, praying arrearages of pension; which was referred to the Committee on Pensions.

Mr. Hubbard presented the petition of William Bennett Parker, a lieutenant of the army during the late war with Great Britain, praying to be allowed the pay of a captain for a period during which he acted in that capacity; which was referred to the Committee of Claims.

0155 155

Mr. Nicholas presented the petition of Thomas Scott, jr., of Louisiana, praying the grant of a right of pre-emption to a tract of 1,000 arpens of land, of which he is the purchaser for a valuable consideration, or the confirmation of his title thereto; which was referred to the Committee on Private Land Claims.

Mr. Nicholas presented the petition of V. Le Blanc, of Louisiana, praying a grant of land, in consideration of the expense which he has incurred in the construction of a dike or embankment, by which a portion of the public domain is secured against inundation; which was referred to the Committee on Private Land Claims.

Mr. Nicholas presented the petition of Benjamin Collins, of Louisiana, praying a compensation, in land, for services specified in the petition; which was read, and referred to the Committee on Private Land Claims.

On motion by Mr. Hubbard,

Ordered , That the Committee of Claims be discharged from the further consideration of the memorial of Martin Thomas.

On motion by Mr. Hubbard,

Ordered , That the Committee of Claims be discharged from the further consideration of the petition of the heirs of Caleb Swann.

On motion by Mr. Hubbard,

Ordered , That the Committee of Claims be discharged from the further consideration of the documents relating to the claim of Jacob Shenkle.

Mr. Hubbard, from the Committee of Claims, to whom was referred a resolution (H. R. 21) to grant relief to the legal representatives of Michael Fenwick, deceased, reported the same without amendment.

Mr. Hubbard, from the Committee of Claims, to whom was referred the bill (H. R. 277) for the relief of William Christy, reported the same without amendment.

Mr. Linn, from the Committee on Private Land Claims, to whom was referred the bill (H. R. 326) for the relief of James Keytes, reported the same without amendment.

Mr. Linn, from the Committee on Private Land Claims, to whom was referred the bill (S. 37) to provide for the legal adjudication and settlement of the claim to land therein mentioned, reported the same without amendment.

Mr. Sevier, from the Committee on Pensions, to whom was referred the petition of the heirs of Peter Craig, submitted a report, accompanied by a bill (S. 167) for the relief of the heirs or legal representatives of Captain Peter Craig, deceased. The bill was read, and passed to the second reading.

Ordered , That the report be printed.

Mr. Robinson, from the Committee on the Post Office and Post Roads, reported a bill (S. 168) to give greater security to correspondence between the United States and foreign nations; which was read, and passed to the second reading.

Mr. Niles, from the Committee on Revolutionary Claims, to whom was referred the petition of John Polhemus, reported a bill (S. 169) for his relief; Which was read, and passed to the second reading.

0156 156

On motion by Mr. Ewing, of Illinois,

Ordered , That the Committee of Claims be discharged from the further consideration of the petition of Pierre Menard and others.

Mr. Linn, from the Committee on Private Land Claims, to whom was referred the bill (H. R. 296) entitled “An act for the relief of the legal representatives of Isaac Williams, deceased,” reported it without amendment.

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

Resolved , That the Committee on Naval Affairs be instructed to inquire into the construction put upon the act of 30th June, 1834, regulating the pay of the marine corps, by the Fourth Auditor, and into the propriety of any further legislation thereon.

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

Resolved , That the Secretary of the Senate be and he is hereby directed to furnish the Commissioner of Indian Affairs with one copy of the public documents compiled and printed by Gales and Seaton.

On motion by Mr. White,

Ordered , That it lie on the table.

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

Resolved , That the Secretary of War be requested to communicate to the Senate the survey of Crow shoal, in the Delaware, to ascertain the practicability of erecting a breakwater or stone pier, made in pursuance of the law of the last session, and the report of the engineer and other papers relating to the same.

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

Resolved , That the Committee on Revolutionary Claims be instructed to inquire into the claim of the heirs of Doctor Thomas Carter, a surgeon in the war of the Revolution, and the expediency o