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DEC. 10 to 13, 1830.] .

Judge Peck.

[H. OF R.

fact, the property of the whole nation. As such, the question was before the people-it was a question for the nation to decide. In this House, it was not fairly presented as a subject of inquiry until the bank should apply for a new charter; when that time arrived, Mr. C. said he should be for sending it to a select committee; but at present the whole matter was premature.

The question was then taken on the motion of Mr. WAYNE, and decided in the negative, by yeas and nays,

had been induced to desire that this important subject should be referred to a select committee. He again insisted, that when the subject of a national bank had been a second time, and in a more explicit and particular manner, recommended to the consideration of the House, it would not be respectful to the Chief Magistrate to send it back to a committee who had made up their opinion in opposition to that intimated by the Executive. He had not the least doubt that if the light of truth could be made manifest to them, the minds of those gentlemen were as follows: open to conviction on this as on every other subject; but YEAS.--Messrs. Alexander, Allen, 'Angel, Barnwell, all knew that truth was often difficult of access, and some-Baylor, Bell, James Blair, John Blair, Boon, Borst, Brodtimes not less difficult to be received, and this acknow-head, Carson, Chandler, Claiborne, Clay, Coke, Conner, ledgment involved no imputation whatever on the upright- Daniel, Davenport, Warren R. Davis, Earll, Findlay, ness of that committee. He had another reason for wishing Ford, Foster, Fry, Gaither, Gordon, Hall, Halsey, Hamthe amendment to prevail; it was not to be expected that, mons, Haynes, Hinds, Leonard Jarvis, Cave Johnson, unless the question was submitted to a few minds which Kennon, Perkins King, Lamar, Lea, Leavitt, Lecompte, felt a strong interest in regard to it, it would be examined Lewis, Loyall, Lumpkin, Thomas Maxwell, Monell, Norwith that application and industry which were indispensa-ton, Nuckolls, Pettis, Polk, Potter, Powers, Rencher, ble to the full development of the subject. The sugges- Roane, Sanford, Scott, Augustine H. Shepperd, Shields, tion of the President involved a reference to the amount Standefer, Taliaferro, Wiley Thompson, John Thomson, and places of deposite, their effect upon commerce, &c. Trezvant, Tucker, Wayne, Weeks, Wickliffe, Yancey.— &c. which could not be gone into at large unless by a com- 67. mittee specially devoted to the subject. If the House

NAYS.-Messrs. Alston, Anderson, Arnold, Bailey, approached the investigation through its Committee of Barber, Barringer, Bartley, Beekman, Bockee, Brown, Ways and Means, could it expect as full and detailed a re- Buchanan, Butman, Cahoon, Cambreleng, Chilton, Clark, port as if by a select committee, whose views corresponded Coleman, Condict, Cooper, Cowles, Craig, Crane, Crawwith those of the President? He knew that gentlemen ford, Creighton, Crocheron, Denny, Dickinson, Draper, would object to his proposition; that the reference to a Drayton, Dudley, Duncan, Eager, Ellsworth, G. Evans, J. select committee would excite a belief in the community Evans, II. Everett, Finch, Gilmore, Gorham, Green, Grenthat the United States' Bank was not to be rechartered, nell, Harvey, Hemphill, Hodges, Hoffman, Holland, Howand thus greatly depress the price of bank stock. Admit ard, Hughes, Hunt, Huntington, Ingersoll, Irwin, Irvin, that such might be the effect, was this a valid objection? Jennings, Johns, Kendall, Kincaid, A. King, Lent, LetchWas the House bound to preclude inquiry on a most im- er, Lyon, Magee, Mallary, Marr, Martindale, Lewis Maxportant subject, from a fear that the discussion might well, McCreery, McIntire, Mercer, Miller, Mitchell, affect the price of stocks? Suppose the question should Muhlenberg, Overton, Patton, Pearce, Pierson, Randolph, be deferred, it must come up at last; and would it not Reed, Richardson, Rose, Russel, William B. Shepard, affect stock then as much as now? Mr. W. said, when Semmes, Sill, Smith, Speight, Ambrose Spencer, Sprigg, the question came up on rechartering the bank as now Stanbery, Sterigere, Storrs, Strong, Sutherland, Swann, organized, he should vote against it, because its benefits Swift, Taylor, Tracy, Vance, Varnum, Verplanck, Vinenured to individuals and not to the Government, who ton, Washington, Whittlesey, Edward D. White, Wilmight by means of such an institution contribute to relieve liams, Wilson, Wingate, Young.-108.

The House then adjourned.

FRIDAY, DECEMBER 10.

the people of the Union from unjust taxation to the amount So the House refused to amend the resolution, and the perhaps of millions annually. He should, however, ab-resolution, as reported by the Committee of the Whole, stain from entering upon the merits of the main question was agreed to. at this time. He was aware that it would not be in order to touch upon them. He had had the honor of offering a resolution on the same subject at the last session, and should renew it at the present session. His only motive, then, as now, had been to promote an inquiry after truth. He believed that the appointment of a select committee would elicit a mass of facts which it was desirable to obtain, and which would not otherwise come before the House, tending to show whether the measure proposed by the Executive were practicable or not.

After the reception of a great number of petitions and resolutions:

On motion of Mr. BUCHANAN, in order to give time for the House to make the preliminary arrangements for the trial of Judge Peck, which commences in the Senate chamber at 12 o'clock on Monday next, the House agreed to meet at 11 o'clock on that day. And then the House adjourned.

MONDAY, DECEMBER 13.

JUDGE PECK.

Mr. BUCHANAN, on behalf of the managers appointed to conduct the impeachment against Judge James H. Peck, submitted the following report, which was agreed to:

Mr. CAMBRELENG, of New York, said that if the yeas and nays had not been ordered on this subject, he should not have risen. He was opposed to the amendment of the gentleman from Georgia, because he viewed the whole question as premature at this time. When the proper time arrived for its consideration, he should cer tainly be in favor of referring it to a select committee. It had been so referred when the bank petitioned for a renewal of its charter. He had the greatest respect for the gentleman at the head of the Committee of Ways and Means, [Mr. McDUFFIE,] but he thought the subject ought The Committee of Managers appointed by the House never to come before the House until the bank should of Representatives to conduct the impeachment against again appear as a petitioner for the renewal of its charter. James H. Peck, Judge of the district court of the United The President, in presenting his message to Congress, States for the district of Missouri, report, that they have had glanced his eye over the whole interests of the coun-had under consideration the answer of Judge Peck to the try, and had, very properly, given to the House his views article of impeachment exhibited against him by the of a great and weighty question of public policy. It was House, and recommend the adoption of the following rea question which involved the circulating medium, and, in plication thereto:

VOL. VII.--23

H. OF R.]

Duties on Sugar.—United States and Denmark.—Election of Chaplain.

REPLICATION

By the House of Representatives of the United States to the answer and plea of James II. Peck, Judge of the district court of the United States for the district of Missouri, to the article of impeachment exhibited against him by the said House of Representatives.

The House of Representatives of the United States having considered the answer and plea of James H. Peck, Judge of the district court of the United States for the district of Missouri, to the article of impeachinent against him by them exhibited, in the name of themselves and of all the people of the United States, reply, that the said James H. Peck is guilty in such manner as he stands impeached; and that the House of Representatives will be ready to prove their charges against him at such convenient time and place as shall be appointed for that purpose.

Resolved, That the foregoing replication be put in to the answer and plea of the aforesaid James H. Peck, on behalf of this House; and that the managers be instructed to maintain the said replication at the bar of the Senate, at such time as shall be appointed by the Senate.

DUTIES ON SUGAR.

Mr. HAYNES, of Georgia, submitted the following resolution:

Resolved, That the Committee of Ways and Means be instructed to inquire into the expediency of repealing the duties on sugar imported from foreign countries into the United States.

Mr. SUTHERLAND required that the question be taken upon the consideration of the resolution; and Mr. WILLIAMS demand the yeas and nays on the question. They were ordered by the House, and, being taken, stood

as follows:

[DEC. 13, 1830.

To the House of Representatives of the United States:

I transmit to the House of Representatives printed copies of the convention between the United States and his Majesty the King of Denmark, concluded at Copenhagen on the 28th of March, 1830, and ratified by and with the advice and consent of the Senate.

ANDREW JACKSON.

WASHINGTON, December 10, 1830.

The message and convention were referred to the Committee on Foreign Affairs, and ordered to be printed.

The SPEAKER likewise laid before the House the fol

lowing letter, which was read; and, on motion of Mr. SPENCER, of New York, ordered to be referred to the Committee on Agriculture:

PHILADELPHIA, December 7, 1830. SIR: You will receive with this letter a silken flag, bearing the colors of the United States. This flag is made entirely of American silk, reeled from the cocoons, prepared and woven by Mr. John D'Homergue, silk manufacturer. The coloring has been done by the best artist he could procure in the city of Philadelphia, he himself not professing to be a dyer.

The staff of this flag, with the eagle, measures about fifteen feet; the flag itself is twelve feet and a half long, and six feet wide. It is woven all in one piece, without a

seam.

I beg, sir, you will be so good as to present this flag, most respectfully, in my name, to the honorable House over which you preside, as a sample of American industry, thus applied, for the first time, to the most valuable of American productions; and as a result of the efforts they have made during the last five years for the promotion of the important branch of agriculture to which we owe the rich material of which this flag is composed. I have the honor to be, with the highest respect, sir, your most obedient and most humble servant,

PETER S. DUPONCEAU.

Hon. ANDREW STEVENSON,
Speaker of the House of Representatives.

YEAS.-Messrs. Alexander, Alston, Anderson, Angel, Archer, Armstrong, Barbour, Barnwell, Barringer, Baylor, Bell, James Blair, John Blair, Boon, Brodhead, Brown, Cambreleng, Campbell, Carson, Claiborne, Clay, Coke, Conner, Craig, Crocheron, Warren R. Davis, De. sha, De Witt, Draper, Drayton, Dudley, Earl, Gaither, Gordon, Hall, Halsey, Hammons, Harvey, Haynes, Hinds, Holland, Hoffman, Hubbard, Jarvis, Jennings, Cave JohnA message was received from the Senate, informing the son, Lamar, Lea, Lecompte, Lent, Lewis, Loyall, Lump- House that they were in their public chamber, and ready kin, Thomas Maxwell, McDuffie, McIntire, Mitchell, to proceed on the trial of the impeachment of James H. Monell, Nuckolls, Patton, Pettis, Polk, Potter, Powers, Peck: and that seats were provided for the accommodation Rencher, Roane, Sanford, William B. Shepard, Augustine of the members of the House. H. Shepperd, Shields, Speight, Richard Spencer, Stanbery, Standefer, Taliaferro, Wiley Thompson, Tucker, Verplanck, Wayne, Weeks, Campbell P. White, Williams, Wilson.-83.

Whereupon, Mr. BUCHANAN submitted the following resolution; which was carried, nem. con.

Resolved, That a message be sent to the Senate to inform them that this House have agreed to a replication, NAYS.--Messrs. Arnold, Bailey, Barber, Bartley, Bates, on their part, to the answer and plea of James H. Peck, Beekman, Bockee, Borst, Buchanan, Butman, Cahoon, Judge of the district court of the United States for the Clark, Coleman, Condict, Cooper, Coulter, Cowles, district of Missouri, to the article of impeachment exhiCrane, Crawford, Creighton, Crowninshield, Daniel, Den-bited to the Senate against him by this House, and have ny, Dickinson, Doddridge, Duncan, Dwight, Eager, Ells- directed the managers appointed to conduct the said imworth, George Evans, Horace Everett, Findlay, Finch, peachment to carry the said replication to the Senate, and Ford, Forward, Fry, Gilmore, Green, Grennell, Gurley, to maintain the same at the bar of the Senate, at such time Hawkins, Hemphill, Hodges, Howard, Hughes, Hunt, as shall be appointed by the Senate. Huntington, Ihrie, Ingersoll, Irwin, Irvin, Richard M. Johnson, Kendall, Kennon, Kincaid, Perkins King, Adam King, Leavitt, Lyon, Magce, Mallary, Marr, Martindale, Lewis Maxwell, McCreery, Miller, Muhlenberg, Overton, Pearce, Pierson, Ramsey, Reed, Richardson, Rose, Russel, Scott, Sill, Smith, Ambrose Spencer, Sprigg, Sterigere, Stephens, Storrs, Strong, Sutherland, Swann, Swift, Taylor, John Thomson, Tracy, Vance, Varnum, Vinton, Washington, Whittlesey, Edward D. White, Wickliffe, Yancey, Young. --99.

So the House refused to consider the resolution.

UNITED STATES AND DENMARK.

The SPEAKER laid before the House the following message from the President of the United States:

ELECTION OF CHAPLAIN.

Mr. TAYLOR moved that the House do now proceed to the election of a chaplain; which motion was agreed to. Messrs. ARCHER, WHITTLESEY, and FORWARD were appointed tellers: whereupon,

Mr. ARCHER nominated the reverend Mr. Post; Mr.
FORWARD nominated the reverend Mr. Thomas; Mr.
WHITTLESEY nominated the reverend Mr. Gurley;
and Mr. HUBBARD nominated the reverend Mr. Palfrey,

On counting the first ballot, it appeared that 180 votes
were given in-necessary to a choice 91: of which Mr.
Post received 83; Mr. Gurley, 46; Mr. Palfrey, 34; Mr.
Thomas, 12; and there were five blank votes.
After two other ineffectual ballotings,

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On the fourth ballot there were 170 votes--necessary to a choice, 86: Mr. Gurley received 91; Mr. Post, 75; and there were four scattering.

So the reverend Ralph R. Gurley was duly elected Chaplain on the part of the House of Representatives for the present session.

He

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rum, how much soever he wished the public business attended to, he would prefer that the House itself should conduct the impeachment.

Mr. J. was about to proceed, when the SPEAKER reminded him that there was no proposition before the House, and suggested the propriety of his submitting a resolution on the subject.

Mr. J. declining to make any distinct motion at this time,
Adjourned.

TUESDAY, DECEMBER 14.
SUNDAY MAILS.

A memorial was presented by Mr. COULTER, on the subject of Sunday mails--recommending that the mail should be discontinued on the sabbath. On its presentation, he moved its reference to the Committee on the Post

Office.

Mr. JOHNSON, of Kentucky, remarked that there was a difference of opinion, at least in his quarter of the House, as to the order which should be taken in attending the trial of Judge Peck, in the Senate of the United States. Some were of opinion that the House should attend in a body; others thought that it would only be necessary for the managers on the part of the House to attend during the trial. At the last session, said Mr. J., the House were in attendance; and it was thought by many members that the same course would be pursued at this session. wished, for his own part, to have a correct understanding of the subject, and he would thank the Chair to give to the House his opinion as to the course that should be pursued. the direction moved by the gentleman who presented it. Mr. JOHNSON, of Ky., objected to giving the petition The SPEAKER stated that the resolution of the House He observed, that if the authors of the petition had an at the last session was confined to its attendance before advocate or advocates on this floor, he was perfectly wilthe court of impeachment for a single day. The Clerk, ling that the report formerly made by the Post Office called up. Let the House hear what gentlemen had to committee on the general subject should at any time be say on a subject which he had always thought, and would Peck]-now say, ought never to have been brought into the Hall Mr. BUCHANAN rose, and observed, that there seem-in favor of Congress interfering with religious consideraof Congress. He was desirous to hear what could be said ed to be a misunderstanding upon the subject. With the tions. The committee had acted on the subject, and it permission of the House he would state the course that would not do so again, unless compelled to do so by an had been pursued by the managers. They had examined express order of the House. all the precedents which had occurred in this country, to from Pennsylvania [Mr. COULTER] would acquiesce in the He hoped the gentleman guide them to a correct performance of their duty. It was motion which he would now make, that the petition be ascertained that, since the adoption of the present consti- laid upon the table, or, rather, that it be referred to a tution, there had been three impeachments, viz. those of Committee of the Whole on the state of the Union; and Messrs. Blount, and Pickering, and Judge Chase. On he made that motion. the trial of the two first, the House did not attend in a

however, would read the resolution.

[The resolution having been read, which was, in effect, that the House would in a body attend in the Senate chamber for a certain day, to support the charges against Judge

body, but left it to the managers to conduct the impeach-direction should be given to the petition. He had always Mr. COULTER said that he felt very indifferent what ment; on the trial of Judge Chase, they did attend every considered it proper, when the House was addressed in a day. It not being considered by the managers of the pend-decorous manner, on any subject proper for legislation, ing trial that any principle so important as to interrupt the to give the petition a respectful consideration. In the legislative business of the House was involved in the pre-present case, as the course indicated by the chairman of sent case, they had gone to the Senate this day, as mana- the Post Office committee was likely to effect the very gers, and presented to that body the replication agreed object which the petitioners had in view, viz. to have the upon by the House. Mr. B. further remarked, that he subject discussed, and obtain some action of Congress in had consulted the English precedents. On the trial of relation to it, he was entirely willing it should be adopted. Warren Hastings, the House of Commons attended at the He had made a different motion, only out of the courtesy commencement of the trial, but they did not continue to which he supposed due to the Post Office committee, and do so. On the trial of the Earl of Macclesfield, they did in compliance with the custom of the House. He had no not attend until his conviction by the House of Lords; and doubt that the honorable chairman of the Post Office then they attended in consequence of a message having committee was both competent and willing to meet the been sent them by that body, that they were ready to pro- discussion, which it was the object of the prayer of the nounce judgment on the impeached, if the House of Competitioners to invite. mons would attend and demand it. If they had an advocate in the House, that advocate would doubtless avail himself of the Mr. B. would not advocate the attendance or non-at-privilege of debating the question without being specially tendance of the House at the trial which was to take place, invited so to do by any one. Mr. C. said it was not his He had felt it to be his duty to state the course which had purpose to avow himself as their champion, as he did not been pursued on previous occasions of impeachment, and feel himself pledged to any particular course in the matwhat had been done by the managers in the present case, ter; he should endeavor, on this as on other occasions, and to state that his sole object was to do that which would to do what he considered his duty to his constituents best please the House. No motion having been made this demanded. If that duty led him to advocate the cause of morning on the subject, the managers had felt it to be their these petitioners, he should be ready, in so doing, to imperative duty to attend at the bar of the Senate, and meet even the gentleman from Kentucky. present the replication which had been agreed upon.

mover.

Mr. JOHNSON again rose, but the SPEAKER sugMr. JOHNSON, of Kentucky, said, that one great ob-gesting that there was no proposition before the House, ject of his rising had been to obtain from the managers an the petition was referred to the Committee of the Whole explanation of the course which they had taken. For his on the state of the Union, by the acquiescence of the part, he wanted to go on with the public business. He recollected, however, the great debate in the Senate at the last session, and that it was nearly impossible to retain a quorum of the House; if it were probable such would be the case on the present occasion, and the House should be compelled to adjourn from day to day for want of a quo

other committee; which was assented to.
Mr. HAYNES moved the reference of a petition to an-

THE TARIFF.

Mr. BARRINGER submitted the following resolution:

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Resolved, That the Committee of Ways and Means be instructed to report a bill reducing the duty on bar iron, made by hammering, to the amount of duty imposed by the law of 1816.

Also, to reduce the duty on cotton bagging to two cents per square yard.

Also, to reduce the duty on coarse woollen goods, costing less than fifty cents per square yard at the place whence imported, to an ad valorem duty of twenty-five per cent. Also, to reduce the duty on coarse wool, costing less than ten cents per pound at the place whence imported, to an ad valorem duty of twenty per cent.

Also, to reduce the duty on brown sugar to two cents per pound.

Mr. CONDICT demanded the question of consideration on this resolution; and Mr. FINCH called for the yeas and nays on the question. They were ordered by the House, and, being taken, stood as follows:

[DEC. 15, 16, 1830.

creek, for the purpose of a harbor, would exceed the most sanguine expectations of its projectors.

Mr. T. remarked, that the formation of a harbor on the contemplated site was one of a strictly national character. That it would greatly enlarge the facilities of commerce on the Northern lakes, but, in case of war, would contribute to the common defence of the country, in a proportionate degree to those on the seacoast. Mr. T. concluded by saying that the section of the country bordering on the Northern lakes had never asked much aid from the General Government for the promotion of national objects, and that they had received but a small proportion of what they had asked; and he hoped this subject would receive from the appropriate committee, to whom it would be referred, all the attention which its importance required.

The resolution yesterday submitted by Mr. BOON, of Indiana, was taken up, considered, and agreed to. The following resolution, yesterday submitted by Mr. WHITE, of Florida, was taken up:

YEAS.--Messrs. Alexander, Allen, Alston, Anderson, Archer, Barbour, Barnwell, Barringer, Baylor, Bell, James Blair, Brodhead, Cambreleng, Campbell, Carson, Resolved, That the Secretary of the Navy be directed to Chandler, Claiborne, Clay, Coke, Conner, Craig, Cro- communicate to this House copies of the correspondence cheron, Davenport, Warren R. Davis, Desha, De Witt, of the superintendent, and reports of the overseer of Draper, Drayton, Dudley, Foster, Gaither, Gordon, Hall, the live oak plantations near the navy yard at Pensacola. Hammons, Haynes, Hinds, Holland, Jarvis, Jennings, Mr. SPEIGHT offered the following amendment: Cave Johnson, Lamar, Lea, Lent, Lewis, Loyall, Lump- "And that he be further directed to communicate to kin, McDuffie, McIntire, Nuckolls, Patton, Polk, Potter, this House copies of all correspondence, contracts, Rencher, Roane, Wm. 3. Shepard, Aug. H. Shepperd, deeds, or other papers, connected with the purchase of Speight, Richard Spencer, Standefer, Taliaferro, Wiley live oak lands in Florida, in the possession of, or within Thompson, Tucker, Verplanck, Campbell P. White, the control of the Navy Department; the quantity purWilliams, Wilson.--66. chased; the persons from whom the purchases

were made;

NAYS.--Messrs. Angel, Armstrong, Arnold, Bailey, the prices given; to whom paid, when paid, and on what Barber, Bates, Beekman, John Blair, Bockce, Boon, authority; together with all other information tending to Borst, Brown, Buchanan, Butman, Cahoon, Clark, Cole-show the value of such lands at the time of the purchase, man, Condict, Cooper, Coulter, Cowles, Crane, Craw- as well as the quantity and value of the live oak timber ford, Crowninshield, Daniel, Denny, Dickinson, Dod- on each tract, fit for naval purposes." dridge, Duncan, Dwight, Eager, Earll, Ellsworth, George Mr. WHITE, of Florida, said he did not object to the Evans, Joshua Evans, Horace Everett, Findlay, Finch, amendment proposed by the gentleman from North CaroFord, Fry, Gilmore, Gorham, Grennell, Gurley, Halsey, lina, and would accept it as a modification of his resolu Harvey, Hawkins, Hemphill, Hodges, Hoffman, Howard, tion, although all the information called for by it had at Hubbard, Hughes, Huntington, Ihric, Irwin, Irvin, R. the last session been communicated to Congress. The M. Johnson, Kendall, Kennon, Kincaid, Perkins King, object he had in view was a simple one, and related to a Adam King, Leavitt, Lecompte, Letcher, Lyon, Magee, subject of more importance than might at first be imaginMarr, Martindale, Thomas Maxwell, Lewis Maxwell, ed. The Secretary of the Navy, in his report to the McCreery, Mercer, Miller, Mitchell, Monell, Muhlenberg, President, and by him communicated to Congress, holds

Overton, Pearce, Pettis, Pierson, Ramsey, Reed, Rich- the following language: ardson, Rose, Russel, Sanford, Scott, Shields, Sill, Smith, "Further efforts have been made for the execution of Ambrose Spencer, Sprigg, Sterigere, Stephens, Storrs, this act, as far as it relates to the preservation of the live oak Strong, Sutherland, Swann, Swift, Taylor, John Thom-growing on the coasts of the Atlantic and Gulf of Mexico. son, Tracy, Vance, Varium, Vinton, Washington, Weeks, Whittlesey, E. D. White, Wickliffe, Yancey, Young.--114.

So the House refused to consider the resolution.

WEDNESDAY, DECEMBER 15.

"By the fourth section of this act, the President is authorized to provide for the preservation of this timber; but it seems to have been intended that the power should be limited to that object. An interpretation of the law has heretofore been entertained, extending this power not only to the planting of the acorns, and the cultivation

This day was consumed in the reception and reference of plantations of young trees, but to the purchase from of petitions and resolutions of inquiry.

THURSDAY, DECEMBER 16.

Mr. TRACY, on rising to present a petition, remarked, that the subject-matter of the petition which he was about to present, was one of great importance, not only to his own immediate constituents, but to the whole section of the country bordering on Lake Ontario.

individuals of lands producing them. The paper accom panying this, marked D, shows the amount which has been expended on these plantations, and the sums which have been paid to individuals for the purchase of tracts of such land.

"When it is considered that this timber is the natural product of the coast of the United States, from the St. Mary's to the Sabine; that the greater part of this belongs to It might be recollected, he said, that, at the last session the United States, and is proposed to be retained with a of the present Congress, a law was passed, making an ap-view to preserving a supply of this important material for propriation for the survey of the mouth of Oak Orchard the navy, it can scarcely be necessary for the present to creek, about middle distant between Niagara and Gene-engage in its artificial propagation or culture. see rivers. This survey was carried into effect the last "Under an impression that this system is neither expesummer, by General Swift, an experienced engineer, dient, nor in conformity to the intentions of the act, an whose report accompanied the petitions, by reference to order has been given to discontinue the works after the which report it would appear that the benefits which expiration of the present year. would result from the improvement of the mouth of said

"But the preservation of this timber is an object of

DEC. 16, 1830.]

ance.

Live Oak Plantations.

From a perusal of the report of the Secretary of the Navy, one would be led to believe that an unauthorized interpretation had been put by his predecessor upon the third (erroneously called fourth) section of the act for the gradual improvement of the navy. It had fallen to his lot to know something about this subject, which, as it has not been disclosed in the report, ought now to be stated here.

[H. of R.

great importance, and should be prosecuted with an There were within this boundary a few individual claims active and undeviating purpose." to be extinguished, to give the United States exclusive He has exhibited in this report the expenses of a public jurisdiction and possession of the land. The contiguity work recommended by his predecessor, upon the concur- of this land, too, to the navy yard, rendered it accessible rence of the most experienced naval officers, and sanc- at all times to the officers, and subject to their superintioned by Congress, and has announced his determination tendence. A plan was made at the General Land Office, to discontinue it at the end of this year. The expenses the price to be paid stipulated, the situation well underto which the Government have been subjected, are only stood, and the intention of the Government made known, disclosed by him. The extent, progress, and benefit of and, with a full knowledge of all these facts, Congress the work is not presented, and can only be understood made the appropriation. This took place in that year, by having copies of the papers called for in the resolu- when a majority of both committees, and of both Houses tion he had the honor to submit. To form a just idea of of Congress, were opposed to the administration, so that any public improvement, the advantages as well as ex- there was no overstrained construction, no absurd and arpenses should be exhibited to those who are to decide bitrary interpretation, to make these purchases. If the whether the policy of the country requires its continu-attack is intended to be made upon the policy of the measure, it is impugning the decision of Congress. The Secretary has also stated that live oak is the "natural product" of the whole coast from St. Mary's to the Sabine. This is assumed as the ground for abandoning the policy adopted by Congress, and continued by this administration from the 4th of March, 1829, up to this time. I regret that I am under the necessity of differing from the Secretary so widely in this statement. If the honorable Secretary had referred to the respectable naval officers in The subject of forming plantations of live oak for the the other end of the building, they would have told him, future supply of that valuable timber for the navy, was from information acquired from an intimate personal acfirst introduced by a resolution in this House, on the 12th quaintance with that coast, that the live oak is found of January, 1827. By that resolution, the Committee on sparsely scattered at most remote distances, and in small Naval Affairs were instructed to inquire into the expe- bodies. If artificial culture is not resorted to, and the diency of forming plantations for rearing live oak for the fires kept out of the reservations, there will not be enough future supply of the navy. It passed by an almost unani-in fifty years to buld a West India squadron. mous vote; and it was then distinctly announced that the imber was so rapidly disappearing, that, unless artificial propagation and culture were resorted to, there would not be a sufficient quantity in a few years for naval purposes. It never was conceived that the act for the gradual improvement of the navy conferred power to make purchases of land. No such "interpretation was ever entertained," and no such power claimed or exercised. On the contrary, it was believed that the Executive had no such authority; and as it was considered that the public interests would be promoted by the purchase of a few individual claims, to complete a proposed reservation of the public land near a navy yard, a specific appropriation was made in the bill making appropriation for the navy in 1828, and will be found in the third section of that bill, as follows:

As I have the honor to represent the territory in which this establishment is located, I desire to have the subject fairly placed before Congress, and let them decide whether the public interests will not be promoted by the continuance of the experiment. The reports will show that there are 70,000 live oak trees upon the land purchased, which, in half a century, or even a quarter, will be worth ten times the amount ever expended upon them.

Mr. WHITE having accepted the amendment of Mr.
SPEIGHT as a modification of his resolution,
Mr. HOFFMAN moved further to amend it, by adding
the following:

"And all other information in the power of the department to give, relative to a production and providing a supply of live oak, and the measures taken respecting the growing thereof, and the expenses of such measures." "Be it further enacted, That there be, and is hereby, Mr. HOFFMAN, on offering this amendment, said, that appropriated for the purchase of such lands as the Presi- the subject of this resolution was now before the Commitdent of the United States may think necessary and pro-tee on Naval Affairs, in consequence of a reference to that per to provide live oak and other timber for the use of committee of a part of the annual message of the Presithe navy of the United States, a sum not exceeding ten dent. His object in moving this amendment was to enlarge thousand dollars," &c.

This is the authority under which the purchases were made, and not the fourth section of the act for the gradual improvement of the navy.

the proposed call, so as to embrace all the information on the subject which it was in the power of the department to communicate. He was not aware, he said, whether Congress had, or had not, in any way, sanctioned the policy of planting. He did not rise to express any opinion on that question at present, but only desired to have all the information which could be brought to bear upon it. Mr. WHITE accepted the amendment.

The object of this provision was distinctly explained in a communication to the Committee on Naval Affairs in the Senate and House of Representatives, and by them to the respective branches of Congress to which they belonged. It was proposed by the President to make a re- Mr. WICKLIFFE, of Kentucky, proposed an amendservation of the peninsula formed by Pensacola bay and ment, to include also an inquiry into the measures adoptSt. Rosa's sound, near to the navy yard, for the live oaked for "the preservation" of the live oak timber. then upon it, and to make an experiment of, or its further wanted to get at information on this subject. He underpropagation by, artificial culture. The situation was per-stood that there had been a corps of overseers employed haps the best in the United States. The promontory about that business for the last and several preceding between these two bodies of salt water, from its peculiar years. He wished to know, from authority, what they position and almost insular form, presented advantages were about.

He

which were not offered on any other part of that coast. Mr. WHITE accepted also this amendment.
The resolution, as thus amended, was agreed to, nem.

At the distance of eighteen or twenty miles up the sound,
the waters approached within half a mile, which afforded con.
an opportunity of keeping out, with little care and ex-
pense, the fires which are so destructive to the young trees.

Mr. RICHARDSON submitted the following:
Resolved, That a select committee on education be ap-

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