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were made fraudulenty and corruptly. His object re- may be committed in places under the exclusive jurisdicquired no such course, and therefore he did not pursue it. tion of the United States, including, of course, the Dis
Mr. Bradley has stated, and sworn, that the extra allow-trict of Columbia-that it accurately defined all offences, ances mentioned in the memorial were made by Mr. provided as well for their prevention as their punishmentBarry, and had made this fact the foundation of a charge includes a complete system of procedure-a code of pripreferred against Mr. Barry to the President of the son discipline, and a book of definitions, explaining all United States. Mr. Barry's report, bearing the authority the technical words used in every part of the system. of his official station and his signature, asserts, that the He would mention two important features in the plan-extra allowances were made by Mr. Bradley. It there the one was, providing, by positive law, for defining and fore charges the statement and affidavit of the memo- punishing offences against the laws of nations, and, among riališt to be false. It is now admitted on all hands, and them, some which had hitherto been left without any conclusively proved by an examination of the books of sanction; such as offences against that law which reguthe department, that the allowances were made by the lated, in modern times, the conduct of civilized nations present Postmaster General, Mr. Barry, and not by Mr. with respect to each other in time of war as well as of Bradley; and that the name of Mr. Barry, originally and peace. As these were entirely new, Mr. L. said he properly inserted in the abstract alluded to, has been wished, when the document was put in the hands of the erased, and the name of Mr. Bradley substituted; and it Senators, they would pay particular attention to its prois therefore conceded that the representation given by visions, as well to one most important principle which Mr. Bradley is true, and that given by the report of Mr. pervades the whole--the total abolition of the punishment Barry, the Postmaster General, false. This false report of death. To this he invited the Senators to give a most has been ordered by the Senate to be printed. The me serious reflection, that they might be prepared to ineet morialist asks a suspension of this order. This, sir, said the discussion which he should think it a duty to invite at Mr. C., is the history of this singular affair. The ques. the next session. tion for consideration is, whether the Senate will contri Having been prevented, by the reasons which he had bute their aid to circulate a falsehood, and thereby make mentioned, from explaining the provisions of the system itself auxiliary to the distribution of a charge, now admit- in an address to the Senate, he would supply it by an ted to be utterly untrue, deeply offensive to the character introductory report which would be delivered to the menof a man who has grown grey in useful service to his bers of both Houses, together with the system. Mr. L. country, and who has attained an honorable old age in then moved for leave to bring in the bill, which was the midst of active life without reproach to his integrity. granted. As a citizen of the same State, he had asked his protec Mr. ROBBINS said that he held a document on the tion; it had cheerfully been accorded; and he was happy subject of the abolition of the punishment of death, which to believe no member of the Senate would withhold a vote, he thought would be very useful to the Senate in formnow become necessary, to preserve an innocent man ing an opinion on that subject. It consisted of extracts from an unmerited and unfounded imputation.
from reports made to the Legislature of Louisiana by the The question was then put on suspending the printing, Senator from that State, which had been lately repuband determined in the affirmative, nem. con.
lished in Pennsylvania. He moved that it might be printed;
which was ordered. PENAL CODE.
On motion of Mr. WOODBURY, the Senate then went Mr. LIVINGSTON, of Louisiana, said, it would be into executive business, and sat with closed doors till four remembered, that, on the last day of the last session, he o'clock, when they took a recess till six. had laid on the table å bill to establish a system of penal law, with the avowed intention of submitting it to the consideration of the Senate at this session. The time The Senate re-assembled at six o'clock, and immediately occupied by the trial of the impeachment during the be- went into the consideration of executive business, and! ginning, and the extraordinary press of business during sat with closed doors until half past seven. the remainder of the session, concurred with other cir Messrs. Woodbury and Burnet were then appointcumstancesin preventing him from bringing it up. Among ed a committee, to join the committee appointed by the them was a proposition for appointing commissioners to House of Representatives, to wait on the President of frame a code of laws for the District of Columbia; for the United States, and inform him that, unless he had that part of which, relating to penal law, this system forms some further communications to make to that body, it an important point. That proposition having, within a was ready to adjourn. few days, failed, Mr. L. said he would now, in pursui The committee soon after returned, and notified the ance of notice given on a former day, move for leave to Senate that the committee had attended to the duty asbring in his bill. It was lois intention, had time permit- signed them, and that the President informed them he ted, to have developed the principles of the bill, some had no further communications to make. of which would be found extremely important. Under On motion, present circumstances, he would confine himself to say Ordered, That the Secretary notify the House of Reing that it laid down general principles applicable to the presentatives that the Senate, having concluded the legis. subject, provided for the cases of those general acts lative business before it, are now ready to adjourn. which ought to be punishable under the powers vested The Secretary having returned, in the General Government, in whatever part of the The PRESIDENT pro. tem. adjourned the Senate sine United States they may be committed, and those which I die.
Dec. 9, 1830, to Feb. 19, 1831.]
THURSDAY, DECEMBER 9, 1830.
To the Senate of the United States:
Since my message of the 20th of December last, The following message was received from the President transmitting to the Senate a report from the Secretary of of the United States, by Mr. Donelson, his Secretary:
War, with information requested by the resolution of the
Senate of the 14th December, in relation to the treaty conTo the Senate of the United States:
cluded at Dancing Rabbit creek with the Choctaw Indians, GENTLEMEN: I transmit herewith a treaty, concluded I have received the two letters which are herewith enby commissioners duly authorized on the part of the closed, containing further information on the subject. United States, with the Choctaw tribe of Indians, which,
ANDREW JACKSON. with the explanatory documents, is submitted to the Se
January 3, 1831. nate for their advice and consent as to the ratification of the same.
The message and the accompanying documents were
read. ANDREW JACKSON.
Ordered, That they be referred to the Committee on December 9, 1830.
Indian Affairs, and be printed under an injunction of seThe message, treaty, and documents were read.
сrесу. : Ordered, That they be referred to the Committee on Indian Affairs, and that the treaty and documents be
TUESDAY, JANUARY 4. printed under an injunction of secrecy.
Mr. WHITE, from the Committee on Indian Affairs, to TUESDAY, DECEMBER 14.
whom was referred, on the 9th December, the treaty with The following motion, submitted by Mr. POINDEXTER, the Choctaw Indians, together with the messages relating was considered by unanimous consent, and agreed to: thereto, of the 20th December, and the 3d instant, report
Resolved, that the President of the United States be ed the treaty without amendment. requested to cause to be laid before the Senate copies of any letters or other communications which may have been
THURSDAY, FEBRUARY 17. received at the Department of War, from the chiefs and
The treaty with the Choctaw Indians was read the seheadmen, or any one of them, of the Choctaw tribe of In-cond time, and considered as in Committee of the Whole. dians, since the treaty entered into by the commissioners
On motion of Mr. POINDEXTER, on the part of the United States with that tribe of Indians, Ordered, That it lie on the table. at Dancing Rabbit creek; and that he also be requested The following motion, submitted by Mr. BENTON, to inform the Senate, from the information which he may was considered and agreed to: possess on that subject, whether any, and, if any, what
Resolved, That the Committee on Indian Affairs be aunumber of Indians belonging to said tribe have emigrated to thorized to call before them any persons now in Washingthe country west of the Mississippi since the date of said ton city, and take their examinations, on oath, relative to treaty, and whether any reluctance has been manifested the country destined for the use of the Choctaws, and by said Indians, or any part of them, to emigrate accord- other Indians, beyond the Mississippi, and the actual coning to the stipulations of the treaty; and, also, what num- dition of the Indians who have removed; and report the ber of said tribe had removed west of the Mississippi, ac- said examinations to the Senate. cording to former treaties entered into with them.
SATURDAY, FEBRUARY 19.
Mr. BENTON, from the Committee on Indian Affairs, The following message was received from the President who were authorized, by the resolution of the Senate of of the United States, by Mr. Donelsox, his Secretary:
the 17th instant, to take depositions relative to the counTo the Senate of the United States:
try destined for the use of the Indians beyond the MissisIn compliance with the resolution of the Senate of tendent of Indian Affairs at St. Louis, to certain interro
sippi, submitted the answers of William Clark, superinthe 14th instant, calling for copies of any letters or other communications which may have been received at the De- gatories propounded by the committee.
The document was read. partment of War, from the chiefs and headmen, or any one of them, of the Choctaw tribe of Indians, since the the consideration of the treaty with the Choctaw Indians;
The Senate resumed, as in Committee of the Whole, treaty entered into by the commissioners on the part of and, no amendment having been made, it was reported to the United States with that tribe of Indians, at Dancing the Senate. Rabbit creek; and also for information showing the number of Indians belonging to that tribe who have emigrated
Mr. WHITE submitted the following resolution, which
was considered by unanimous consent: to the country west of the Mississippi, &c. &c., I submit herewith a report from the Secretary of War, containing ring,) That the Senate do advise and consent to the rati
Resolved, (two-thirds of the Senators present concurthe information requested.
fication of the treaty between the United States of Ame
ANDREW JACKSON. December 20, 1830.
rica and the Mingoes, chiefs, captains, and warriors of
the Choctaw nation, concluded at Dancing Rabbit creck The message and documents were read.
on the 15th of September, 1830, together with the supOrdered, That they be referred to the Committee on plement thereto, concluded at the same place the 28th of Indian Affairs, and be printed in confidence for the use of September, 1830. the Senate.
A motion was made by Mr. KNIGHT to amend the
resolution, by inserting after “That," in the second line, MONDAY, JANUARY 3, 1831.
the following: “disavowing the principle asserted by the The following message was received from the President commissioners, in the preamble, that the President canof the United States, by Mr. Donelson, his Secretary: not protect the Choctaw people in their rights and pos
H. OF R.]
[Dec. 6, 7, 1830. sessions in the State of Mississippi; but, on the contrary, on the 15th of September, 1830, together with the sup. he has full power and authority so to do, and with this plement thereto, concluded at the same place the 28th asseveration."
September, 1830, with the exception of the preamble.
MONDAY, FEBRUARY 21.
The Senate resumed the consideration of the treaty On motion of Mr. IIENDRICKS, to strike out the pre- with the Choctaw Indians, together with the resolution, amble of the treaty, the question was put-Shall the fol- submitted the 19th instant, to ratify the same. lowing words, “Whereas the General Assembly of the On motion of Mr. KNIGHT to amend the resolution, State of Mississippi has extended the laws of said State to by inserting after the word “ That,” in the second line, persons and property within the chartered limits of the the following words: “disavowing the principle asserted same; and the President of the United States has said that by the commissioners, in their negotiation, that the Prehe cannot protect the Choctaw people from the operation sicient cannot protect the Choctaw people in their proof these laws: Now, therefore, that the Choctaws may live perty, rights, and possessions in the State of Mississippi’-under their own laws, in peace with the United States and it was determined in the negative--yeas 19, nays 25. the State of Mississippi, they have determined to sell their
Those who voted in the attirmative, are,
Those who voted in the negative, are,
, Kane, Those who voted in the negative, are,
King, Livingston, McKinley, Poindexter, Robinson, SanMessrs. Barnard, Barton, Bell, Bibb, Burnet, Cham- ford, Smith, of Maryland, Smith, of South Carolina, Tazebers, Chase, Dickerson, Foot, Frelinghuysen, Hendricks, well, Troup, Tyler, White, Woodbury.--25. Holmes, Iredell, Johnston, Kane, Knight, Mckinley, On the question to agree to the resolution, it was deMarks, Naudain, Poindexter, Robbins, Robinson, Rug- termined in the affirmative--yeas 33, nays 12. gles, Sanford, Seymour, Smith, of Maryland, Smith, Those who voted in the affirmative, are, of South Carolina, Sprague, Troup, Tyler, Willey, Wood Messrs. Bell, Benton, Bibb, Brown, Chase, Dickerbury.-32.
son, Dudley, Ellis, Forsyth, Grundy, Hayne, Hendricks, So the motion to strike out the preamble was agreed to. Holmes, Iredell
, Johnston, Kane, King, Knight, Living. No further amendment havir been made, the treaty ston, Mckinley, Poindexter, Robbins, Robinson, Ruggles, was reported to the Senate, the question again put, and Sanford, Smith, of Maryland, Smith, of South Carolina, the amendment concurred in.
Tazewell, Troup, Tyler, White, Willey, Woodbury:—33. Mr. WIIITE submitted the following resolution:
Those who voted in the negative, are, Resolved, (two-thirds of the Senators present concur Messrs. Barton, Burnet, Chambers, Clayton, Foot, Frering,) That the Senate do advise and consent to the rati- linghuysen, Marks, Naudain, Noble, Seymour, Silsbee, fication of the treaty between the United States of Ame- Sprague.-12. rica and the Mingoes, chiefs, captains, and warriors of Ordered, That the Secretary lay this resolution before the Choctaw nation, covcluded at Dancing Rabbit creck / the President of the United States.
DEBATES IN THE HOUSE OF REPRESENTATIVES.
MONDAY, DECEMBER 6, 1830.
of the Speaker, adjourned from day to day, and in two At 12 o'clock precisely, the roll of members was called cases, occurring in one year, (1798,) having elected a over by the Clerk of the House, (MATTHEW ST. CLAIR Speaker pro tempore. He had risen, he said, only to make CLARKE,) and it appeared that one hundred and seventy- the communication which he had done from the Speaker, five Members and two Delegates were present.
and to state what had been practice heretofore. It The Clerk having announced that a quorum of the would be for the House to determine what course it would House was present-
pursue on the present occasion. Mr. ARCHER, of Virginia, rose, and said that he was Mr. POLK, of Tennessee, said, after the communication requested by his colleague, the SPEAKER of this House, which had just been made to the House, it being probato state, that he was prevented from attending by indis. ble that the Speaker would be here tomorrow, he should position; but that he expected to be able to reach the city propose that the House do now adjourn until to-morrow. before the usual hour of sitting of the House to-morrow.
The question was taken on this motion, and decided in
So the House adjourned.
Tuesday, DECEMBER 7.
Dec. 8, 9, 1830.]
[H. of R.
The journal of yesterday having been read, the mem So the House agreed that the standing committees bers elected since the last session were sworn in. should now be appointed. [They will be appointed by
Messages were then interchanged between the two the Speaker, and probably reported to the House toHouses, that they were respectively ready to proceed to morrow.] business.
PRESIDENT'S MESSAGE. A committee was then appointed, to join such committee as should be appointed on the part of the Senate to On motion of Mr. HOFFMAN, the House then resolved wait upon the President, and inform him that the two itself into a Committee of the Whole on the state of the Houses were formed, and ready to receive any communi- Union, Mr. Wickliffe in the chair. cation which he might have to make.
Mr. HOFFMAN moved resolutions referring the vaSoon after which, Mr. HAYNES reported that the com- rious subjects of the President's message to different mittee had performed the duty assigned to them. standing and select committees.
On motion of Mr. TAYLOR, of New York, it was de Some conversation then took place between Messrs. termined that two chaplains should be appointed, as usual, STRONG, HOFFMAN, WAYNE, and VANCE, as to of different denominations, to interchange weekly between the propriety of referring some of the subjects above nothe two Houses.
ticed to a standing or select committee, when the ChairThe message of the President of the United States was man suggested that the better mode would be to take the then brought in by his private Secretary, Mr. Donelson, question on each resolution separately. read, and ordered to be printed--referred to a Committee The first and second resolutions were adopted without of the Whole on the state of the Union.
objection. [The message and accompanying documents will be The third resolution being read as follows, vizi found in the Appendix.]
“ Resolved, That so much of the said message as relates
to the subscribing to the stock of private companies for WEDNESDAY, DECEMBER 8.
internal improvement; and so much of the said message as Mr. J.W.TAYLOR submitted the following resolution: relates to the distribution among the several States of the • Resolved, That the standing committees be now ap; referred to a select committee.”
surplus revenue, after the payment of the public debt, be pointed, pursuant to the rules and orders of the House." Mr. HOFFMAN remarked, that the Speaker did not the resolution to be distinct, and to depend on different
Mr. STRONG considering the two subjects involved in arrive until yesterday; that he had been, and still was, principles, moved a division of the question, so as to refer moved that the resolve lie on the table, to allow him the first clause to a select committee; and the last clause
also to another select committee. further time to make a selection of the committees. Mr. TAYLOR hoped that his colleague would with
Mr. HOFFMAN, professing a willingness to separate
the subjects if his colleague moved, and the House dedraw his motion for the present, to give him an opportu
sired it, nity to explain the reasons which had induced him to offer
The motion of Mr. STRONG was agreed to, and the the resolution. Mr. H. having withdrawn his motion,
subjects referred to distinct select committees. Mr. TAYLOR observed, that yesterday the message of
The sixth resolution being read as follows: the President had been referred to a Committee of the to the public debt, the revenue, its security, and collec
" Resolved, That so much of the said message as relates Whole House on the state of the Union, and he supposed tion, the Bank of the United States, and the organization the House would this day resolve itself into a Committee of a bank founded on public and individual deposites, be of the Whole on the message of the President. Before going into committee, the standing committees must be referred to the Committee of Ways and Means." appointed; for the Committee of the Whole would come to
Mr. WAYNE moved to amend the said resolution, by no resolutions for referring the different subjects con- and the organization of a bank founded on public and in
striking out the words “the Bank of the United States, tained in the message until the standing committees were dividual deposites," and at the end of the said resolution appointed. If, however, it was the wish of the Speaker to defer the appointment of the standing committees of to add the following:
“And that so much of the said message as refers to the the House, he certainly should not object to it. Mr. HOFFMAN entirely concurred with his colleague bank as a branch of the Treasury Department, be referred
Bank of the United States, and to the organization of a as to the propriety of appointing the standing committees
to a select committee.' before taking up the message for distribution to commit
Mr. TAYLOR moved for a division of the question, so tees, but again referred to the short time the Speaker had been in the city, and his late scvere and continued ill- that the sense of the committee should first be had on
striking ont. Mr. H. concluded by again moving that the reso
The motion was agreed to; and, lution lie on the table.
The question being put by the CHAIR, After a few words from the SPEAKER, intimating that he had the physical power to make the appointments, but
It was decided in the negative--only fifty-four rising in
favor of striking out. that he had not yet received a list of the members who had taken their seats,
The remainder of the resolutions were then severally The question was put on the motion of Mr. HOFFMAN,
agreed to. and decided in the affirmative.
The committee then rose, and reported the resolutions And the House adjourned.
as amended to the House.
The question being stated from the CHAIR to agree
to the resolutions, as amended in committee, THURSDAY, DECEMBER 9.
Mr. WAYNE moved that the question be put on agreeMr. TAYLOR movel that the House do now proceed ling to all but the sixth. to the consideration of the resolution yesterday submitted No objection being made, the question was so taken, by him for the appointment of the standing committees of and all the resolutions were agreed to by the House, with the House; and the question being taken thereon, the exception of the sixth. It was decided in the affirmative.
Mr. WAYNE now renewed the motion which he hail The question was then put on the adoption of the reso- made in Committee of the Whole. lution, and it was agreed to.
Mr. WAYNE, in supporting this metion, apologized for
H. OF R.]
(Dec. 9, 1830.
troubling the House with a remark or two on this topic, should have no objections to the amendment proposed by at so early a period of the session. The first communi- the gentleman from Georgia, (Mr. WAYNE;] but when it cation made to Congress by the present Executive, (at the was considered that, by the rules of the House, the report last session,) intimated a doubt in his mind as to the pro. made at the last session by the Committee of Ways and priety of rechartering the existing Bank of the United Means was continued as a part of the business of the preStates. The portion of his message on this subject had sent session, that fact, he thought, furnished an objection been referred to the Committee of Ways and Means, who against the sending of the same subject to a select comsubmitted to the House a report, in which they exhibited mittee. Such a measure would amount, in substance, to at great length their views, which were opposed to those sending the report of one of the standing committees of expressed by the President. Should the present portion this House to be reviewed by a select committee. Would of his message be referred to the same committee, unless this be respectful? Would it be treating the Committee some great and unexpected change had taken place in of Ways and Means with that deference which was due to their opinions since the last session, the subject would be them, to take their report, (whether it was before the met by men whose minds were already made up, whose House, or had been referred to a Committee of the whole sentiments had been publicly expressed, and who, there- House on the state of the Union, or a Committee of the fore, could not be expected to give it that fair and un- Whole,) and send it to a select committee? What direcbiassed consideration which its great importance demanded. tion had been given to the report of last session, he had The inportance of the question touching the bank must been unable to ascertain, the means not being at this time be acknowledged by every one, as well as its agitating within reach of the officers of the House; but, whatever effect on the public mind, throughout every portion of the it had been, the report was a part of the business of the Union. He conceived it as only respectful to the Presi- Ilouse continued over from last session, and was to be dlent, when such a subject was by him officially recom-viewed in all respects the same as if it had been rendered mended to the attention of Congress, to place it in such at the present session. And he put it to the House whether an attitude as should secure to it a calm investigation by it would be proper to send a report now made by one compersons who had not prejudged it. Mr. W. said he should mittee of the House, and submit it to another? not disguise the fact that his own views in relation to the [The CHAIR here stated that he was informed by the rechartering of the present bank were such as would in- Clerk that the report of the Committee of Ways and duce him to vote against it in every event; but what he Means was at the last session laid on the table of the House.] wished at present was, that the House might ascertain Mr. TAYLOR said, if that were the case, could any whether it was practicable or not to organize an institution one disapprove an arrangement which would eventuate in resting on the funds of the country, which, while it se-sending the subject to a Committee of the Whole on the cured all the advantages intended to be attained by the state of the Union, that it might there receive the fullest existing bank, should avoid the dangers with which that examination that any of its advocates could desire! He establishment was by many conceived to be fraught. The suggested to the House, therefore, that the course in the inclination of his own mind was to the opinion that this original motion was evidently the proper one. was practicable; but he desired, at all events, that the Mr. HOFFMAN, of New York, said that, in making the question should be submitted to those who would go to motion he had done in reference to this clause of the Preits discussion untrammelled by any previous judgment. sident's message, he had not intended to express either It was not from any feeling of hostility to the bank that approbation, or the contrary, as to the reasoning he was induced to desire this, but from a wish for fairness statement of facts it contained; nor had he supposed that in the treatment of the subject itself, and from respect his motion involved the slightest disrespect towards the to a communication made to Congress by the Chief Ma- Executive. He had been led to propose the disposition gistrate.
to be given to the subject, from no friendship or hostility Mr. CHILTON, of Kentucky, said, that whilst he had, to the present Bank of the United States: no espression he trusted, a proper regard for the President of the of opinion on that subject was now called for. United States, he had some regard also for the committee [The CHAIR observed that the merits of the measure to whom it was proposed to refer this subject. He did proposed in the message were not before the House, but not himself feel any particular interest in this matter, simply a question as to the proper committee to whom it cither for or against the bank. But, at the last session of was to go.] Congress, a very able report upon the subject had been Mr. H. resumed, and said that he had made the fore. made by the Committee of Ways and Means, which he had going observations expressly for the purpose of doing no doubt placed the subject in as fair a point of view as it away any inference, from his motion, of his personal could be placed by a select or any other committee. He friendship or hostility toward the bank as now organized. had hcard no sufficient reason why the subject should now That subject had always, heretofore, been referred to the be taken out of the hands of that committee. As this standing committee of the House having cognizance of the subject, moreover, had been heretofore referred to the finances of the country. He could not bring himself to Committee of Ways and Means, to give it a different di- believe that the opinions of the gentlemen forming that rection now, would be to cast a reflection on that highly committee were so irrevocably fised, as not to remain respectable committee, at the head of which stands a gen- open to the developments of time and the influence of tleman whose character for firmness on the one hand, and sound reasoning. Could he suppose this, he should cerintegrity and abilities on the other, could not be question- tainly be in favor of referring the subject to some com. ed. Mr. C. was therefore opposed to the amendment. mittee which should be differently constituted. It was
Mr. CONDICT, of New Jersey, desired that the ques. indifferent to him what might be the disposition made by tion on Jr. Warse's amendment should be taken by yeas the House of this part of the message. If it was referred and nays, and it was ordered accordingly to be so taken. to a select committee, he hoped that such a committee
Mr. DAVIS, of South Carolina, proposed to amend the would be selected as would be perfectly competent to the amendment, so as to strike out the latter clause, and refer consideration of the matter; and if it was referred to the simply the question concerning the present bank, without Committee of Ways and Means, he trusted that they would the establishment of a substitute for it, to the considera consider it vispassionately, and without prejudice. Either tion of a select committee.
course would secure, he doubted not, a full and able inThis motion was negativell.
vestigation. Mr. TAYLOR, of New York, said that, if the subject Mr. WAYNE again rose.
It was, he said, from no want referred to in the message had been cntirely new, he of respect to the Committce of Ways and Means that lie