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SENATE.]

Penal Code.

[MARCH 3, 1831.

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 DisMr. 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 rialist 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 meet 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 memof 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 protection; it had cheerfully been accorded; and he was happy to believe no member of the Senate would withhold a vote, now become necessary, to preserve an innocent man from an unmerited and unfounded imputation.

The question was then put on suspending the printing, and determined in the affirmative, nem. con.

PENAL CODE.

Mr. LIVINGSTON, of Louisiana, said, it would be remembered, that, on the last day of the last session, he had laid on the table a 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 occupied by the trial of the impeachment during the beginning, and the extraordinary press of business during the remainder of the session, concurred with other circumstances in preventing him from bringing it up. Among them was a proposition for appointing commissioners to frame a code of laws for the District of Columbia; for that part of which, relating to penal law, this system forms an important point. That proposition having, within a few days, failed, Mr. L. said he would now, in pursuance of notice given on a former day, move for leave to bring in his bill. It was his intention, had time permitted, to have developed the principles of the bill, some of which would be found extremely important. Under present circumstances, he would confine himself to saying that it laid down general principles applicable to the subject, provided for the cases of those general acts which ought to be punishable under the powers vested in the General Government, in whatever part of the United States they may be committed, and those which

Mr. ROBBINS said that he held a document on the subject of the abolition of the punishment of death, which he thought would be very useful to the Senate in forming an opinion on that subject. It consisted of extracts from reports made to the Legislature of Louisiana by the Senator from that State, which had been lately republished in Pennsylvania. He moved that it might be printed; which was ordered.

On motion of Mr. WOODBURY, the Senate then went into executive business, and sat with closed doors till four o'clock, when they took a recess till six.

EVENING SESSION.

The Senate re-assembled at six o'clock, and immediately went into the consideration of executive business, and sat with closed doors until half past seven.

Messrs. WOODBURY and BURNET were then appointed a committee, to join the committee appointed by the House of Representatives, to wait on the President of the United States, and inform him that, unless he had some further communications to make to that body, it was ready to adjourn.

The committee soon after returned, and notified the Senate that the committee had attended to the duty assigned them, and that the President informed them he had no further communications to make. On motion,

Ordered, That the Secretary notify the House of Representatives that the Senate, having concluded the legislative business before it, are now ready to adjourn. The Secretary having returned,

die.

The PRESIDENT pro. tem. adjourned the Senate sine

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The following motion, submitted by Mr. POINDEXTER, was considered by unanimous consent, and agreed to:

To the Senate of the United States:

Since my message of the 20th of December last, transmitting to the Senate a report from the Secretary of War, with information requested by the resolution of the Senate of the 14th December, in relation to the treaty concluded at Dancing Rabbit creek with the Choctaw Indians, I have received the two letters which are herewith enclosed, containing further information on the subject.

January 3, 1831.

read.

ANDREW JACKSON.

The message and the accompanying documents were Ordered, That they be referred to the Committee on Indian Affairs, and be printed under an injunction of secrecy.

TUESDAY, JANUARY 4.

Mr. WHITE, from the Committee on Indian Affairs, to whom was referred, on the 9th December, the treaty with the Choctaw Indians, together with the messages relating thereto, of the 20th December, and the 3d instant, reported the treaty without amendment.

THURSDAY, FEBRUARY 17.

The treaty with the Choctaw Indians was read the se-
cond time, and considered as in Committee of the Whole.
On motion of Mr. POINDEXTER,
Ordered, That it lie on the table.

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

Resolved, That the President of the United States be requested to cause to be laid before the Senate copies of any letters or other communications which may have been received at the Department of War, from the chiefs and headmen, or any one of them, of the Choctaw tribe of Indians, since the treaty entered into by the commissioners on the part of the United States with that tribe of Indians, at Dancing Rabbit creek; and that he also be requested to inform the Senate, from the information which he may 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."

MONDAY, DECEMBER 20.

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

In compliance with the resolution of the Senate of the 14th instant, calling for copies of any letters or other communications which may have been received at the Department of War, from the chiefs and headmen, or any one of them, of the Choctaw tribe of Indians, since the treaty entered into by the commissioners on the part of the United States with that tribe of Indians, at Dancing Rabbit creek; and also for information showing the number of Indians belonging to that tribe who have emigrated to the country west of the Mississippi, &c. &c., I submit herewith a report from the Secretary of War, containing the information requested.

December 20, 1830.

ANDREW JACKSON.

The message and documents were read.
Ordered, That they be referred to the Committee on
Indian Affairs, and be printed in confidence for the use of
the Senate.

MONDAY, JANUARY 3, 1831.

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

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Mr. WHITE submitted the following resolution, which was considered by unanimous consent:

ring,) That the Senate do advise and consent to the ratiResolved, (two-thirds of the Senators present concurfication of the treaty between the United States of America and the Mingoes, chiefs, captains, and warriors of the Choctaw nation, concluded at Dancing Rabbit creek on the 15th of September, 1830, together with the supplement thereto, concluded at the same place the 28th of September, 1830.

A motion was made by Mr. KNIGHT to amend the resolution, by inserting after "That," in the second line, the following: "disavowing the principle asserted by the commissioners, in the preamble, that the President cannot protect the Choctaw people in their rights and pos

H. OF R.]

First Proceedings in the House of Representatives.

sessions in the State of Mississippi; but, on the contrary, he has full power and authority so to do, and with this asseveration."

And, after debate,

On motion of Mr. HENDRICKS, it was agreed to recommit the treaty to the Committee of the Whole.

On motion of Mr. HENDRICKS, to strike out the preamble of the treaty, the question was put-Shall the following words, "Whereas the General Assembly of the State of Mississippi has extended the laws of said State to persons and property within the chartered limits of the same; and the President of the United States has said that he cannot protect the Choctaw people from the operation of these laws: Now, therefore, that the Choctaws may live under their own laws, in peace with the United States and the State of Mississippi, they have determined to sell their lands east of the Mississippi, and have accordingly agreed to the following articles of treaty"--stand part of the treaty? And it was determined in the negative--yeas 11, nays 32.

Those who voted in the affirmative, are,

Messrs. Benton, Brown, Dudley, Ellis, Forsyth, Grundy,
Hayne, King, Livingston, Tazewell, White.--11.
Those who voted in the negative, are,

[DEC. 6, 7, 1830.

on the 15th of September, 1830, together with the supplement thereto, concluded at the same place the 28th September, 1830, with the exception of the preamble.

MONDAY, FEBRUARY 21.

The Senate resumed the consideration of the treaty with the Choctaw Indians, together with the resolution, submitted the 19th instant, to ratify the same.

On motion of Mr. KNIGHT to amend the resolution, by inserting after the word "That," in the second line, the following words: "disavowing the principle asserted by the commissioners, in their negotiation, that the President cannot protect the Choctaw people in their property, rights, and possessions in the State of Mississippi"-it was determined in the negative--yeas 19, nays 25. Those who voted in the affirmative, are,

Messrs. Barton, Bell, Burnet, Chambers, Chase, Clayton, Foot, Frelinghuysen, Holmes, Johnston, Knight, Marks, Naudain, Robbins, Ruggles, Seymour, Silsbee, Sprague, Willey.--19.

Those who voted in the negative, are,

Messrs. Benton, Bibb, Brown, Dickerson, Dudley, Ellis, Forsyth, Grundy, Hayne, Hendricks, Iredell, Kane, King, Livingston, McKinley, Poindexter, Robinson, Sanford, Smith, of Maryland, Smith, of South Carolina, Tazewell, Troup, Tyler, White, Woodbury.--25.

Messrs. Barnard, Barton, Bell, Bibb, Burnet, Chambers, Chase, Dickerson, Foot, Frelinghuysen, Hendricks, Holmes, Iredell, Johnston, Kane, Knight, McKinley, Marks, Naudain, Poindexter, Robbins, Robinson, Rug-termined in the affirmative--yeas 33, nays 12. gles, Sanford, Seymour, Smith, of Maryland, Smith, of South Carolina, Sprague, Troup, Tyler, Willey, Woodbury.-32.

On the question to agree to the resolution, it was de

So the motion to strike out the preamble was agreed to. No further amendment having been made, the treaty was reported to the Senate, the question again put, and the amendment concurred in.

Those who voted in the affirmative, are,

Messrs. Bell, Benton, Bibb, Brown, Chase, Dickerson, Dudley, Ellis, Forsyth, Grundy, Hayne, Hendricks, Holmes, Iredell, Johnston, Kane, King, Knight, Livingston, McKinley, Poindexter, Robbins, Robinson, Ruggles, Sanford, Smith, of Maryland, Smith, of South Carolina, Tazewell, Troup, Tyler, White, Willey, Woodbury.—33. Those who voted in the negative, are,

Mr. WHITE submitted the following resolution: 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, concluded at Dancing Rabbit creck the President of the United States.

DEBATES IN THE HOUSE OF REPRESENTATIVES.

MONDAY, DECEMBER 6, 1830.

At 12 o'clock precisely, the roll of members was called over by the Clerk of the House, (MATTHEW ST. CLAIR CLARKE,) and it appeared that one hundred and seventyfive Members and two Delegates were present.

The Clerk having announced that a quorum of the House was present-

Mr. ARCHER, of Virginia, rose, and said that he was requested by his colleague, the SPEAKER of this House, to state, that he was prevented from attending by indis. position; but that he expected to be able to reach the city before the usual hour of sitting of the House to-morrow. A gentleman who had arrived in the city in this morning's mail-boat, brought information that he passed the Speaker yesterday on his road to this place. In anticipation of the question which might be presented by the absence of the Speaker, Mr. A. said he had looked to the records, to ascertain what had been the practice of the House on like cases heretofore. He found that it had been twofold: in one or more cases, the House having, on the absence

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The journal of yesterday having been read, the mem"bers elected since the last session were sworn in.

Messages were then interchanged between the two Houses, that they were respectively ready to proceed to business.

A committee was then appointed, to join such committee as should be appointed on the part of the Senate to wait upon the President, and inform him that the two Houses were formed, and ready to receive any communication which he might have to make.

Soon after which, Mr. HAYNES reported that the committee had performed the duty assigned to them.

On motion of Mr. TAYLOR, of New York, it was determined that two chaplains should be appointed, as usual, of different denominations, to interchange weekly between the two Houses.

The message of the President of the United States was then brought in by his private Secretary, Mr. Donelson, read, and ordered to be printed--referred to a Committee of the Whole on the state of the Union. [The message and accompanying documents will be found in the Appendix.]

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[H. of R.

So the House agreed that the standing committees should now be appointed. [They will be appointed by the Speaker, and probably reported to the House tomorrow. ]

PRESIDENT'S MESSAGE.

On motion of Mr. HOFFMAN, the House then resolved itself into a Committee of the Whole on the state of the Union, Mr. WICKLIFFE in the chair.

Mr. HOFFMAN moved resolutions referring the various subjects of the President's message to different standing and select committees.

Some conversation then took place between Messrs. STRONG, HOFFMAN, WAYNĖ, and VANCE, as to the propriety of referring some of the subjects above noticed to a standing or select committee, when the Chairman suggested that the better mode would be to take the question on each resolution separately.

The first and second resolutions were adopted without objection.

The third resolution being read as follows, viz.

"Resolved, That so much of the said message as relates to the subscribing to the stock of private companies for internal improvement; and so much of the said message as relates to the distribution among the several States of the referred to a select committee." surplus revenue, after the payment of the public debt, be

Mr. STRONG considering the two subjects involved in principles, moved a division of the question, so as to refer the resolution to be distinct, and to depend on different the first clause to a select committee; and the last clause

also to another select committee.

Mr. HOFFMAN, professing a willingness to separate the subjects if his colleague moved, and the House de

Mr. TAYLOR hoped that his colleague would withdraw his motion for the present, to give him an opportusired it, nity to explain the reasons which had induced him to offer the resolution.

The motion of Mr. STRONG was agreed to, and the subjects referred to distinct select committees. The sixth resolution being read as follows: "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 to the public debt, the revenue, its security, and collecthe 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 appointed; for the Committee of the Whole would come to no resolutions for referring the different subjects contained in the message until the standing committees were appointed. If, however, it was the wish of the Speaker to defer the appointment of the standing committees of the House, he certainly should not object to it.

Mr. H. having withdrawn his motion,

Mr. TAYLOR observed, that yesterday the message of the President had been referred to a Committee of the

referred to the Committee of Ways and Means."

Mr. WAYNE moved to amend the said resolution, by and the organization of a bank founded on public and instriking out the words "the Bank of the United States, dividual deposites," and at the end of the said resolution to add the following:

"And that so much of the said message as refers to the bank as a branch of the Treasury Department, be referred Bank of the United States, and to the organization of a

to a select committee."

Mr. HOFFMAN entirely concurred with his colleague as to the propriety of appointing the standing committees before taking up the message for distribution to commitMr. 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 severe and continued ill-that the sense of the committee should first be had on

ness. Mr. H. concluded by again moving that the resolution lie on the table.

After a few words from the SPEAKER, intimating that he had the physical power to make the appointments, but that he had not yet received a list of the members who had taken their seats,

The question was put on the motion of Mr. HOFFMAN,

and decided in the affirmative.

And the House adjourned.

THURSDAY, DECEMBER 9.

striking out.

The motion was agreed to; and,

The question being put by the CHAIR,

It was decided in the negative--only fifty-four rising in favor of striking out.

The remainder of the resolutions were then severally agreed to.

The committee then rose, and reported the resolutions as amended to the House.

The question being stated from the CHAIR to agree to the resolutions, as amended in committee,

Mr. WAYNE moved that the question be put on agree

Mr. TAYLOR moved that the House do now proceeding 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, It was decided in the affirmative.

the exception of the sixth.

Mr. WAYNE now renewed the motion which he had

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 motion, apologized for

H. OF R.]

President's Message.

[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 direc biassed consideration which its great importance demanded. tion had been given to the report of last session, he had The importance 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- House continued over from last session, and was to be dent, 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 or the 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 to the present Bank of the United States: no expression of opinion on that subject was now called for.

[The CHAIR observed that the merits of the measure proposed in the message were not before the House, but simply a question as to the proper committee to whom it was to go.]

Mr. CHILTON, of Kentucky, said, that whilst he had, he trusted, a proper regard for the President of the United States, he had some regard also for the committee to whom it was proposed to refer this subject. He did not himself feel any particular interest in this matter, either for or against the bank. But, at the last session of Congress, a very able report upon the subject had been Mr. H. resumed, and said that he had made the foremade 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 heard 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 fixed, 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. 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 Mr. WAYNE'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 dispassionately, and without prejudice. Either course would secure, he doubted not, a full and able in vestigation.

ed.

tion of a select committee.

This motion was negatived.

Mr. TAYLOR, of New York, said that, if the subject referred to in the message had been entirely new, he

Mr. WAYNE again rose. It was, he said, from no want of respect to the Committee of Ways and Means that he

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