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The Presidency.--Trial of Judge Peck.
[Dec. 29, 30, 31.--Jan. 3, 4, 1831.
other member of the Missouri bar, were examined, and tox Recton, witnesses in behalf of the impeachment, cross-examined, as witnesses on behalf of the Ilouse of were then called, sworn, examined, and cross-exmined. Representatives.
The certificate of naturalization of Mr. Lawless, the
protest of the Spanish Lieutenant Governor of Upper WEDNESDAY, DECEMBER 29.
Louisiana, against the regulations of Morales, and sundry
other papers, were produced as evidence. THE PRESIDENCY.
Mr. 'Buchanan then said, that the Managers for the Mr. DICKERSON rose to offer a joint resolution to House of Representatives here rested the cause of the . amend the constitution, so as to limit the service of any United States. individual in the Presidency to two terms. lie was un
Mr. MenEdith renewed his application for a suspension derstood to say, in substance, that, according to the ex- of the trial until Monday. isting article of the constitution on the subject, a Presi
On motion of Mr. TAZEWELL, the court determined dent was eligible, by re-election at successive terms, for to adjourn over to Monday next, at twelve o'clock. life. Usage had hitherto restricted the period of presi- The Senate adjourned till to-morrow'. dential service to two terms. Washington had refused to be elected for a third term; and his example, which
THURSDAY, DECEMBER 30. had become a kind of law, had been followed to the pre. The Senate was principally occupied, this day, in the sent time; but it was a law so weak as to render it liable consideration of Executive business. to yield to the pressure of any ambitious incumbent, who might desire to continue in office. In the Federal Con
FRIDAY, DECEMBER 31. vention, by whom the constitution had been framed, the
THE PRESIDENCY. principle of limiting the continuance of the President in office to a single term of seven years, had been carried
The joint resolution to amend the constitution in relaon more than one occasion, but it was as often evaded. tion to the Presidential term of service, submitted on Some had been in favor of more terms than one; others Wednesday by Mr. DICKERSON, was read a second had supported the election of a President during good time, and referred to a select committee, consisting of Mr. behavior. These preferred a number of terms to a single DICKERSON, Mr. Wute, Mr. ForsyTH, Mr. BURNET, term, and had united in the adoption of the present pro- and Mr. Knight. vision. The usage of two terms had been so long con
The Senate thon proceeded to the consideration of Extinued, that he was disposed to adopt it as a part of the ecutive business, and remained upwards of three hours constitution. It had been approved by popular opinion, with closed doors. and a joint resolution to that effect hadl, some sessions
Adjourned to Monday. ago, been almost unanimously sanctioned by a vote of the Senate, If, however, the Senate should, at this time,
MONDAY, JANUARY 3, 1831. prefer a single term of seven, or even of six years, he The honorable JOHN C. CALHOUN, Vice President should have no objection.. He then submitted the follow- of the United States, appeared this day and took the ing joint resolution, promising, at the proper time, to as. Chair as President of the Senate. sign his reasons in its favor:
After the transaction of some morning business, the Se“ Resolved by the Senate and House of Representatives of nate resolved itself into a High Court of Impeachment. the United States of America in Congress assembled, two- In consequence of the death of a daughter of Mr. Wunt, thirds of both Houses concurring, That the following the leading Counsel of Judge Peck, the Court of Im. amendment to the constitution of the United States be peachment, on motion of Mr. TAZEWELL, adjourned proposed to the Legislatures of the several States, which, to twelve o'clock on Wednesday next. when ratified by the Legislatures of three-fourths of the Mr. LIVINGSTON submitted the following resolution: States, shall be valid, to all intents and purposes, as part of Resolved, That nothing contained in any of the rules for the constitution:
conducting impeachments, made on the eleventh day of “That no person, who shall have been elected to the May, 1830, shall be so construed as to prevent any Senaoffice of President of the United States a second time, tor, when he shall give his vote on the question of guilty shall again be eligible to that office.”
or not guilty on any article in an impeachment, from asTRIAL OF JUDGE PECK.
signing his reasons for such vote.
The Senate proceeded to the consideration of Executive At twelve o'clock the Senate again resolved itself into business, and spent upwards of two hours on it, and then a High Court of Impeachment.
adjourned. Mr. MEREDITI announced the absence of his friend and colleague, (Mr. Wint,) in this case. He had been called
TUESDAY, JANUARY 4. home to Baltimore by the dangerous illness of one of his children. He felt the embarrassment of his own situa
THE IMPEACHMENT. . tion, occasioned by this unpleasant circumstance. To be The resolution submitted yesterday by Mr. LIVINGSdeprived of the aid of his colleague at any time, or on TON, explaining the rules to conduct impeachments, so any occasion, wuld to him be a cause of regret; but in a as to allow any Senator to assign his reasons for his vote case of this magnitude, so interesting to the respondent, on the question of guilty or not guilty, was taken up. and so interesting to the community, to be deprived of his Mr. L. said that the resolution was predicated upon services was a source of deep regret. What he should, a doubt whether the rules adopted in May last did, or therefore, propose, with the consent of the managers on did not, allow Senators to assign their reasons for the the other side, was, that they should proceed to finish the votes they might give on the pending impeachment. He examination of the witnesses, on the part of the United was rather indifferent than otherwise as to the fate of States, and then that this honorable court should adjourn the resolution. Its object was to settle the doubts which over to Monday next, to await the return of Mr. Wirt. existed on the subject; and that object would be attained,
Mr. BUCHANAN said, that the managers on the part of whcther the resolution should be rejected or adopted. the House of Representatives would acquiesce in what. Both sides of the question presented difficulties. The ever the court might determine to be its pleasure on the Court consisted of forty cight members; and if every occasion.
member were to express his sentiments, after the ManaCHARLES S. HEMPSTEAD, Edward CHARLESS, and Waar-Igers and the Counsel for the respondent had been leared, Jas. 5, 1831.]
Navigation and Commerce.--Trial of Judge Peck.
a great deal of time would be consumed. On the others to state the grounds of defence on which the respondent hand, the right to speak on the occasion was one which relied, with the evidence to support that defence. The he considered a proper privilege; and he was, upon the transaction which had produced this impeachment could whole, disposed to affirm it.
be told in a very few words. The respondent, as judge At the suggestion of Mr. FORSYTH, the resolution of the District Court of the United States in Missouri, had was laid upon the table until to-morrow.
pronounced an opinion in a case of very great importance, NAVIGATION AND COMMERCE.
and had been induced to publish that opinion in one of the The bill to abolish the charge of ten dollars for pass. would more fully be shown in evidence hereafter, that the
newspapers of that country. It was already in proof, and ports and four dollars for clearances granted to ships and opinion bad been published not only at the request of the vessels bound to foreign ports, and to repeal the duties on members of the bar, but of those persons generally who cinnamon and other spices, was taken up.
were interested in the case. One of the counsel conMr. SMITH, of Maryland, said that the first section of cerned in it had thought proper afterwards to publish, this bill had been reported by the Committee of Finance anonymously, under the signature of “ A Citizen,” not a in consequence of the representation in the report of the fair criticism upon it, but å bare enumeration of what he Secretary of the Treasury, that our navigating interest termed the errors of the Court, some of its principal was in a depressed condition. The charges for passports errors in fact and in doctrine, some of the assumptioris of and clearances had been imposed in 1796, when we were the judge, without assigning any reasons to sustain the in want of revenue, and for one or two other reasons charge. This publication, to the mind of the respondent, which the honorable Senator stated. The revenue of the appeared to be a gross and palpable misrepresentation of Government was now abundant; and to take off these his opinion, calculated to bring his court into disrespect; charges, which amounted to a very sınall annual sum, and he proceeded to attach and punish its author for the would afford some little relief to the merchants. The contempt. After a patient hearing of two or three days; second section of the bill was also predicated, in part, on after giving to the counsel of the
author every opportuthe report of the Secretary, in which it had been stated nity to defend him, and to him every opportunity to purge that nothing was, in fact, derived from the duties on himself of all intentional disrespect to the court; after the spices. From some cause or other, the drawback on peremptory refusal of Mr. Lawless to answer the interroga. these articles amounted to more than the duties. More, tories propounded to him, and his reassertion of the truth of therefore, was lost to the Government than was gained his publication, Judge Peck had sentenced him to twentyfrom that source. Spices had become a necessary of life, four hours' imprisonment, and to a suspension from pracand were freely used in every family, however poor; and tice in his court for eighteen months. For this the reas the duties on them yielded nothing to the treasury, he spondent had been charged with a high misdemeanor, and could perceive no reason why they should not be repeal- with the wilful and malicious exercise of an arbitrary ed, and why the bill should not pass. The bill was ordered to be engrossed for a third reading to state the facts and evidence by which the respondent
and oppressive judicial power. Mr. M. then proceeded After the consideration of Executive business, the Se- would be able to establish the positions, that a contempt nate adjourned.
had been committed by Mr. Lawless; that the court pos.
sessed a legal warrant to punish him for the contempt; and WEDNESDAY, Jax. 5.
that, if not, the judge was influenced, in the case, by a TRIAL OF JUDGE PECK.
sense of official obligation and duty, and not by the wilful, At twelve o'clock, the Senate resolved itself into a High malicious, and arbitrary motive and intention imputed to 1 Court of Impeachment. The managers of the House of him in the article of impeachment. He gave a history and
Representatives, and the respondent and his counsel, character of the land claims, and the transactions out of having taken their seats,
which this impeachment had grown; the arduous and Mr. MEREDITH rose and opened the grounds of de perilous difficulties which the respondent had to encoun. fence. He said that the honorable manager, who had ter in the exercise of his jurisdiction over the alleged con. stated the case for the impeachment, had properly advert-cessions claimed under the Spanish authorities, and the ed to its great importance, both to the respondent and frauds, meditated and apprehended, against which he had the community. To the respondent personally, it was to guard. He described the case of Soulard, which had undoubtedly of very deep interest, in its character and its led to this impeaciiment, as a select and test cause, and consequences. He was charged with the exercise of an said that it required no prophetic spirit in the judge to arbitrary, oppressive, and usurped judicial power, from foresee the dissatisfaction which an adverse decision would malicious motives, to the great disparagement of public produce in all the claimants. It would extinguish their justice, and to the subversion of the liberties of the peo- hopes, as long as the decision remained unrepealed, or the ple of the United States. If this charge were sustained court unchecked. Accordingly, general dissatisfaction by this honorable court, the respondent would be doomed and dismay on the part of suitors did ensue.
The Judge to meet not only the lasting reproaches of his fellow-citi- postponed the enrolment of his decree in the case, to enazens, but the grievous consequences of removal from of- ble Nr. Lawless and his associate counsel to put in their fice, and, at the discretion of the court, sentenced to a exceptions to it, or to furnish further argument upon it. perpetual ostracism from the confidence and honors of his This was declined by them. The judge published his country. Considerations of this kind entitled him to the opinion. The motives for its publication were summed most serious, calm, and dispassionate deliberation upon up in his answer to the charge in the article of impeachhis case. Other considerations called for cool and candid ment. He perceived that such publications were usual examination. The surest safeguard of the liberties of the both in England and America, and saw no impropriety in people was to be found in the firm and independent ad- the practice. On the contrary, the branch of law involved ministration of justice; and it became them to look to the in the case was new; its grounds had not been fully argued safety of that portal which the constitution had placed at the bar, and it was proper that they should be fully around the judicial authority of the country. If the doc- opened for the deliberate consideration of counsel; it was trine on which this impeachment had been supported right that their clients should see the reasoning of the were sustained, questions would arise out of the case of court on the subject, and, if satisfactory, that they should deep and lasting importance. His duty on the occasion be saved from any further expense. It was proper that was an exceedingly simple one; it was within prescribed they should see that the court had not hastily anci inconlimits; and to these he should confine himself. He had siderately assumed the principles upon whicli the opinion
Trial of Judge Peck.
[Jan. 6 to 12, 1831.
was founded, but that it had conscientiously, upon facts action only in colors of resentment; not by witnesses and arguments which it could not resist, come to its con- who were hostile, or who were present in court only at clusion in the case. Upon these reasons, the respondent intervals while the case was pending; but by calm, disin. confidently relied for the justification of the publication of terested, and intelligent witnesses, who were present his opinion. Eight days after, it was followed by the pub-during the whole or greater part of the time, that the lication of " A Citizen," in another newspaper. In this, manner of the judge was not more vehement than it usually the respondent saw a gross and palpable misrepresenta- had been when his mind was deeply exercised on any subtion, calculated to bring ridicule and contempt upon the ject; that it was as mild as any judge who had ever graced court, to provoke the resentment of the claimants towards the bench; that the language he used on the occasion was the judge, and to break down the court by the force of addressed to the publication, and not to its author; and public opinion. Was the respondent justified in these ap- that, in fact, he looked beyond Mr. Lawless, to other and prebensions? Notwithstanding the gloss put upon the sub- higher considerations, in awarding the attachment and ject by the comparison which the honorable manager punishment to which he had been sentenced. (Mr. McDUFFIE] had instituted between the opinion of [This is but "a bird's-eye view” of the speech of Mr. 3I.] the judge and the publication of Mr. Lawless, the re- ROBERT WASH, Esq. a Judge of the Supreme Court of spondent relied upon a candid examination and compari- Missouri, was then called, sworn, and examined as a witson by this honorable court.
ness in behalf of the respondent. At the conclusion of He would be able to show, by gentlemen familiar with his testimony-, the case, that he was by no means singular in attributing The Court adjourned over till twelve, and the Senate misrepresentation to the publication of “A Citizen." till eleven o'clock, to-morrow. Men of intelligence, lawyers, acquainted with all the facts and doctrines of the case, looking with a single eye to
THURSDAY, JANUARY 6. see whether misrepresentation was to be found in the After the transaction of some minor business, at twelve publication or not, would establish the fact. These same o'clock, the Senate again resolved itself into a High Court witnesses would show the effect of this misrepresentation. of Impeachment. If Mr. Lawless's publication could be considered an accu- John K. WALKER, of St. Louis, and Mr. Pettis, a rate representation of the conclusions to which the court member of the House of Representatives, were called, had come in that case, they were so preposterous, so ab- sworn, and examined as witnesses, in behalf of the resurd, that nothing but ignorance--an ignorance amounting spondent. Then adjourned. to idiocy---nothing but downright corruption, could have influenced the judge. The effect of the misrepresenta
FRIDAY, JANUARY 7. tion had been to destroy confidence in the court; the dis- The Senate again resolved itself into a Court of Imappointment of the claimants was converted into hostility peachment. to the judge; and so great had been the distrust and dis
J. B. C. LUCAS, W. C. Carn, and JESSE E. LINDELI, satisfaction, that memorials were sent to Congress, the were called, sworn, and examined in behalf of the reobject of which was to deprive the court of its jurisdiction spondent. Judge Wast was re-examined in part. over the claims, and to transfer it to another tribunal.
The court then adjourned to Monday. If, therefore, the respondent saw, or this honorable The Senate ordered two opinions of Judge Peck to be court should believe that he conscientiously thought he printed, and also adjourned to Monday. saw, an evil design in the author of the publication, what course would they say was left him to pursue? Painful
MONDAY, JANUARY 10. as it was, there was but one course for him to take; and that was to guard the sacred trust committed to his charge, vate bills, the Senate again resolved itself into a High
After disposing of petitions, resolutions, and some priand to punish the contempt as he had punished it. In this, Mr. M. contended, that the respondent had been
Court of Impeachment. justified by immemorial usage; by tlie inherent power of
Mr. MEREDITI apologized for the absence of Mr. the courts; by a power which, although sometimes ques
Wint, occasioned by indisposition, tioned, had remained untouched in every political strug- SAMUEL MENNY, in behalf of the respondent, were, with
The deposition of EDWARD Bares, Joux BENT, and gle that had taken place; untouched in every constitution the exception of certain parts expunged by agreement, that had been adopted in the country. It was justified by and agreeably to a decision of the court, received and read American precedents, by the best lawyers and purest patriots that ever adorned the bench. It would be shown, as evidence, Judge Carr was again called and re-ex. in due time, that the power had been exercised by all the amined; and two or three other witnesses gave their tesState courts; by the highest court in the Union; by the timony: The whole evidence was closed, with the Circuit and District Courts of the United States, in cases
exception of some papers in the General Land Office. far more doubtful than this. The respondent was justified, in treating and punishing the publication as a contempt,
TUESDAY, JANUARY 11. not only by the statute and common law, but by the law
The Senate again sat as a Court of Impeachment. universal, by precedent, by the decisions of all the courts The sitting was consumed in the production and examiin the country;. But, if he were not so justificd, had he nation of documentary evidence and oral testimony in the been governed by the malicious intention imputed to him case of Judge Peck. The honorable Mr. BENTON was in this impeachment, what motive could he have had? He called to prove the correctness of certain extracts transhad not had any personal disagreement with Mr. Lawless lated by him from a Spanish ordinance into English. CoNo previous quarrel had occurred between them. No lonel LAWLESS, Mr. GEYER, and one or two other wit. lurking resentment existed. All their measures with nesses were re-examined. Finally, at about four o'clock, cach other had been of a perfectly amicable nature. Was it was announced by the managers for the House and the a malicious motive to be found in the character of the re- counsel for the respondent, that the evidence was closed, spondent? It woukl be shown that he was mild, concilia- and that they would proceed with the argument tomorrow. tory, and equable in temper; respectful and patient in lois
Adjourned. deportment towards all--to the members of the bar, the subordinate officers of the court, and to suitors.
WEDNESDAY, JANUARI 12. such a motive to be inferred from the transaction itself? The Senate again resolved itself into a High Court of It would be proved, not by those who could see the trans- Impeachment.
Jan. 13, 1831. )
The Seneca Indians.
In consequence of the continued indisposition of Mr. (nent footing the one hundred and twelve thousand dollars WIRT, Mr. TAZEWELL moved an adjournment of the which had been invested in three per cents. for these Incourt till to-morrow, when his physicians thought he might dians. No gentleman could doubt that it was competent be sufficiently restored to attend the trial.
for the Government to appropriate that sum permanently The court accordingly adjourned.
for their use and benefit. The object of the second secThe Senate then proceeded to the consideration of tion was to appropriate an additional sum sufficient to Executive business; and, after spending some time there- make up the difference between six thousand dollars and on, adjourned.
the three per cent. interest for 1830. Mr. Morris had
purchased lands from the Seneca tribe, and had agreed to pay one hundred thousand dollars for them.
That sum THURSDAY, JANUARY 13.
was to be placed in the hands of the President, as their The Senate again resolved itself into a Court of Im- trustee, and to be used for the purchase of stock in the peachment.
old Bank of the United States, which yielded six per The VICE PRESIDENT presented a letter from one cent. While the charter of that bank continued, there of the physicians of Mr. Wint, expressive of the opinion was no difficulty on the subject. After it expired, the that he could not at present leave his room, without some money was vested in three per cent. stock, which did not danger of a relapse at a more important crisis in the pend- yield six per cent. For reasons satisfactory to them, the ing trial, and that by Monday he would be entirely re-Government paid the deficiency annually, out of the constored to health.
tingent funds of the War Department, until this adminisOn motion of Mr. SMITH, of Maryland, the Court ad-tration came into power. They deemed the practice imjourned to meet again on Monday next, at twelve o'clock. proper; and the President had, therefore, presented the THE SENECA INDIANS.
subject to the consideration of Congress. The simple
question was, whether it would be right and better to The Senate resumed its legislative character, and took make up the difference for one year, in preference to a up the bill to provide for the payment hereafter of an an- misunderstanding with these Indians. He thought it nuity of six thousand dollars to the Seneca tribe of In- would be better to make it up for 1830, and to make a dians.
similar appropriation for the present year, until the matter Mr. FORSYTH said he did not recollect the particulars could be fixed on a permanent footing, than that any disof this bill; but he was under the impression that the Go. content should be permitted to exist on the part of the vernment was under no obligation to pay the money pro- Indians. The investment in three per cent. stock had posed to be appropriated to these Indians. He called upon been made without the knowledge or consent of the some gentleman of the committee by whom the bill had Indians. They had no part in it. The Government had been reported, to say whether the obligation of the Go- done it of its own accord, no doubt from the best of mo. vernment was not to invest one hundred thousand dollars tives, probably because the best investment that could be for the Seneca Indians; and whether that obligation had made at the time. He thought the bill ought to pass. not been performed?
Mr. SMITH, of Maryland, said that the Indians had Mr. DUDLEY replied, that, by the treaty with these always expected six per cent. If the one hundred and Indians, the United States were bound to invest in the twelve thousand dollars in three per cent. were sold at President, as trustee for them, in stock of the old Bank this time, they would, he believed, produce more than of the United States, the sum of one hundred thous- one hundred thousand. He could see no objection to the and dollars. The charter of that Bank had expired. bill. The money was then invested in sis per cent. United Mr. FORSYTH said that his object had been answered States' stock. That stock having been reduced, three in bringing this subject before the Senate. It was admitted per cent. stock was purchased by Government for the that the United States had received no property from Senecas. The Government, nevertheless, thought these Indians. The lands had been obtained by Mr. their duty to continue to pay them six per cent. and did Morris; and because the Government had been made trusuntil a year or two ago. Since that time, the War De- tees in the case, they must pay this six per cent. in perpartment conceived that there was no law to justify the petuity. The simple question was, whether the United payment of more than the three per cent. upon the States shall now bind themselves to a perpetual appropriamount of the investment. The Indians refused to receive ation of upwards of two thousand six hundred dollars per it. The object of this bill was to give an authority to pay annum, merely because they had assumed to become the the six per cent. These Indians were much in want of trustees for these Indians. Mr. F. concluded by asking the money. Some of the tribe were now here waiting the Secretary of the Senate to read that part of the treaty for it.
with these Indians, under which the obligation in question Mr. FORSYTH believed the statement of the member had been incurred. from New York to be correct, and, if so, it appeared that Mr. SANFORD inquired what were we bound in good the obligation of the Government had been performed. faith to do to those Indians? We were 110w ourselves conWere we then bound to give these Indians six per cent. struing the treaty with them. What was the understand. for ever? Their hundred thousand dollars, with the profitsing of the Indians of this treaty? All the acts done under upon the sale of that sum, amounting to twelve thousand it had been our own acts. By these the Indians undermore, were secured to them. The Government might be stood that they were to receive six per cent. upon the bound to invest the money in the most profitable stock one hundred thousand dollars. This Government had for them, but not to secure them six per cent. He con- thought so. The compact had been heretofore so considered it best to leave the matter as it stood, or to make strued by us, and so understood by the Indians. All the a more profitable investment of the money, if that could changes in the investments for them had been our own be done. These Indians had been deceived; too much acts. They knew nothing of them. The present was a indulgence had heretofore been shown to them by the ad- new construction of the compact with them, with which ministrators of the War Department; and this had been a they had nothing to do. It had been done without their
deception, leading them to suppose that they had a claim assent. He was in favor of the bill. I to six per cent. per annum upon the original sum invested Mr. SMITH, in order to obtain some information on the for them.
subject, moved to lay the bill on the table till to-morrow Mr. WHITE said the bill provided for two objects. morning. The object of the first section was to put upon a perma- It was accordingly so ordered,
The Storm--Vessels in Distress.
[Jax, 14, 17, 1831.
FRIDAY, Jax. 14.
of the expense, he had relied on mercantile gentlemen Mr. NOBLE submitted the following resolution:
better qualified than he was to judge. Resolved, That the Commissioner of the General Land
Mr. TAZEWELL said, in substance, that he considered Office be directed to communicate to the Senate copies the bill to be unconstitutional; that, if it were based upon of all the proceedings on file in his office, relative to the that article of the constitution which authorized Congress location of lands in the State of Indiana, by the Commis- to regulate commerce, it involved a more extensive exersioners appointed on the part of the State of Indiana, and cise of power, that of enabling the President to send the Commissioner or Agent appointed by the authority vessels along the coast to pick up wrecks, than had ever of the United States, under the act entitled * An act to been claimed, even under that clause. Before the bill authorize the State of Indiana to locate and make a road could be passed by Congress, and approved by the Presitherein named;" also copies of all letters addressed to him, dent, the effects of the storm would be over. lle doubted relating to the subject of the location of the land in ques
the power of Congress to pass the bill, and he considered tion; together with the decision of the late acting Com- that it would be very partial in its beneficial operation. missioner of the General Land Office on the subject.
Mr. LIVINGSTON said he had not expected to hear Mr. N. said he was aware that, by the rules of the Sen- the extraordinary objection which the Senator from Virate, it required their unanimous consent to consider the ginia had urged against the bill. lle did not derive bis resolution at this time. He hoped that such consent would constitutional authority for the bill from the clause for rebe given. His object was to receive copies of all the gulating commerce, but from the general power of the evidence in the office of the Commissioner of the General Government to protect commerce, and to manage our Land Office, public and private, which had a bearing upon
foreign relations. Whence did we derive the power to the subject embraced in the resolution which he had build light-houses, beacons, and buoys? What argument offered. It was a duty which he owed to the people of was there for employing the navy on such occasions, that Indiana to make the call for the evidence, upon a subject did not equally authorize the employment of merchant which interested them. He was satisfied that the people vessels? He knew of none. So much for the constituof that State would never yield to the decision given to tional objection. Now for the expediency of the measure. the act of Congress named in the resolution, by the late He did not think that it was to be ridiculed out of the acting Commissioner of the General Land Office. He cx- Senate by the suggestion, that these vessels were to be pected that the Legislature of the State of Indiana, now sent to pick up wrecks. They were to be sent out to in session, would, by memorial to Congress, shortly re- prevent wrecks; not to remedy the mischief, but to prepresent the rights of the State by fact and law, or to some vent it. The storm had now lasted four days. It was not other tribunal. To meet their views promptly, when over: The wind was still highı. Vessels had been, prothey arrive, he desired all the evidence officially, to enable bably, driven forty or fifty leagues from the coast. It the Senate to act.
might be days, and weeks, and months, before some of The resolution was then, by unanimous consent, read a them could get into port. Their seamen might be frozen; second time, and adopted.
their rigging stiff with snow and ice. In this situation, The remainder of the day was spent in disposing of they would consider the relief proposed to be sent to other motions, and debating the bill for the relief of them, as a messenger from heaven. The constitutional Peters and Pond, of Boston.
objection weighed nothing with him. if the measure Adjourned to Monday.
were, as it would be, useful and humane, that was enough
for him in the present instance. It was not New York MONDAY, Jan. 17.
only, but the Capes of Virginia, and elsewhere, from A message was received from the House of Represen; our seamen from the fatigues, and dangers, and calami
which vessels could be promptly despatched, to rescue tatives, announcing the resolution of that House to attend ties, incident to this stormy season. the Senate, from day to day, during the argument in the impeachment now pending against James H. Peck, Dis- not be confined to one port.Orders could be imme
Mr. SILSBEE said that the proposed measure would trict Judge of Missouri.
diately sent to New York, Norfolk, and Charleston, to THE STORM-VESSELS IN DISTRESS. afford the relief from suffering and danger so well de. Mr. LIVINGSTON, by unanimous consent, introduced scribed by the Senator from Louisiana. Some small ves. a bill to enable the President to employ, without delay, sels, with beef, pork, and other articles, could be at once two or more vessels, with supplies of men, provisions, provided to meet ships in distress, and would truly be and other necessaries, to cruise off the coast of the United considered as angels from heaven. No one who had not States, for the purpose of sapplying and succouring ves- experienced them, could imagine the distress to which our sels that may have suffered by stress of weather during seafaring people were liable at this season of the year. the present inclement season, and appropriating fifteen As to the expense, more revenue would probably be saved thousand dollars for carrying the objects of the bill into by the measure than it would cost. effect.
Mr. TAZEWELL said he should interpose no other In asking leave to introduce this bill, Mr. L. said that objection than his vote to the bill. He had asked the its object was to relieve our vessels and seamen that honorable Senator from Louisiana, whether he found his might be on the coast at this very inclement season. Those authority for this measure in the power of Congress to only who had been in vessels in that situation, could real. regulate commerce? but he had received no new light ize the suffering and distress to which they and their crews upon the subject. The gentleman and he differed on were exposed. The bill was intended to enable the Pre-constitutional questions from the bottom. He could not sident to fit out two or more ships, to supply them with find this authority in the power to create and support a men and provisions that might be needed at this trying navy, nor in the power to control our foreign relations. moment.
What, sir! the power to protect our own ships to be Mr. HAYNE inquired whether the object was to au- found in the power over our foreign relations? He rethorize the President to send out armed vessels belonging peated, that, before this bill could pass into a law, then to the navy, or merchant vessels, and whether any esti- mischief would be done. The danger was not at Savanmate of the expense had been obtained.
nah, Charleston, or New Orleans; it would be greater Mr. LIVINGSTON replied, that the President would along the coast of Maine than any where else. The storm despatch on this service any vessel that might be ready raged there with the greatest violence. It was not confor it, whether merchantmen or others. As to the amount templated to send any relief to that coast.