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other relative to the location of the Indians in that state west of the Mississippi; which were referred.
Mr. Dickerson presented the memorial of a number of citizens of the state of New Jersey, praying that the duties imposed by the present tariff on foreign iron imported may not be reduced; which was referred.
The bill from the other house, making appropriations for certain fortifications during the year 1831, was read the third time and passed.
The senate, then, on motion of Mr. Smith, of Md. resumed the consideration of the amendments to the bill for the support of government for the year 1831; the amendment offered by Mr. Tazewell as stated in our report of proceedings on Monday, and as farther proposed to be amended by Mr. Kane, being under consideration.
Mr. Tazewell rose and advocated in a speech of two hours and a half, his motion to strike out the appropriation for the commissioners who negotiated the treaty with the sublime porte, contending that the appointment of those commissioners during the recess of congress, (in 1829), and abstaining from submitting their appointments to the senate for its consent at its next ensuing session, was an unauthorised measure, on which he animadverted with much earnestness and freedomcharacterizing it as a most unconstitutional act, as a flagrant derogation from the rights of the senate; as a flagrant and lawless act, &c. and one that ought not to be passed over by the senate without condemnation. The power was one, he contended, that belonged to the president and senate jointly, and not to the president alone.
Mr. Kane replied briefly to some of the remarks of Mr. Tazewell, and was followed by Mr. Woodbury, who stated the reasons for the vote he had given on the Panama question, and labored to show that, in the vote he should give against the proposed amendment, he should not be guilty of inconsistency. He was pleased with the treaty, and would give the commissioners who concluded it, a quid pro quo for their services.
Mr. Livingston rose to address the senate in reply to Mr. Tazewell, when, after a few words, he gave way for a motion to adjourn, and
The senate adjourned.
February 23. Several more petitions against the removal of the Indians, were presented:-as well as a large number of other petitions. (As many, perhaps, have been presented this session, as are generally acted upon in ten sessions.]
Mr. Poindexter reported a bill concerning Martha Randolph.
Mr. Chambers, from the committee on the district of Columbia, reported the bill from the other house relative to a lateral branch of the Baltimore and Ohio rail road within the District of Columbia, with certain amendments; which were read.
The chair laid before the senate a message from the president of the United States, in reply to a resolution of the senate on the subject of the execution of the law of 1802, to regulate trade and intercourse with the Indian tribes; which was read, and 3,000 copies thereof ordered to be printed by a vote of-yeas 20-nays 19.
[The message is of considerable length, gives a full statement of the views of the president on the subject of the provisions of the law referred to, and details the course that has been pursued, by him in the execution of the law.]
Many bills from the other house were disposed of chiefly of a private nature.
The senate then again resumed the consideration of the amendments proposed to the general appropriation bill; particularly that submitted by Mr. Tazewell as proposed to be further amended by Mr. Kane.
Mr. Livingston took the floor, and spoke for two hours in support of the appropriation, and in reply to the remarks of Mr. Tazewell. He referred to the treaties heretofore concluded with the Barbary powers, and proved that not only the agents were not nominated to the senate, but that the senate had no information of the conclusion of the treaties until sent to it for ratification-even farther; in two or three of the cases to which he had referred, the commissioners had received their full powers through American ministers at foreign
courts. He spoke of the agency of commodores Decatur and Chauncey had in concluding two of these treaties, and asked if the names of those officers had ever been sent to the senate for confirmation. He further referred to cases in which treaties had been made with foreign powers by American secretaries of state, and inquired whether, in these cases, the officers concluding the treaties had been nominated to the senate as ministers plenipotentiary for confirmation. He should vote for the appropriation, and denied that, in so doing, he should violate the constitution which he had many times sworn to support; and with the provisions of which he was acquainted when it was in its cradle. He threw back upon the senator from Virginia the charge that, to vote for the appropriation, would be an unconstitutional usurpation of power. He repelled the charge; said he could not tamely submit to it, nor should those who would vote with him: No man would go farther than he in supporting the constitution-he would not yield even to the gentleman from Virginia, &c. Mr. Tyler rose when Mr. Livingston concluded, and stated his wish to address the senate, but, as what he had to say, would consume more time than the senators would be disposed to indulge him with this evening, he moved an adjournment. The motion prevailed, and The senate adjourned till to-morrow.
February 24. The bill from the other house for the relief of certain importers of foreign merchandise, was reported without amendment, and ordered to a third reading.
The bill to construct a road through the Creek nation, was ordered to been grossed for a third reading. A number of private bills were disposed of. The senate again resumed the consideration of the amendments to the general appropriation bill. Mr. Tyler addressed the senate, and, in a speech of two hours, in reply to Messrs. Livingston and Kane, defended the course of Mr. Tazewell. He concluded by moving an amendment, declaring "that nothing in this act contained, shall be construed as sanctioning, or in any way approving, the appointment of these persons by the president alone," &c.
Mr. Tyler's speech was very animated, and exceedingly severe on the secretary of state. "He had moved heaven and earth to seek to put down the last adminis tration, but, notwithstanding the shoes that he then had on were not worn out, when he himself-this same individual-the present secretary-originated a mission and called upon the senate to sanction it," &c. Mr. Brown followed, and justified the proceedings of the executive-and he spoke warmly about the rank usurpation" charged. Our shafts," said he, "may be cast at the ministers, but they wounded only the president; for he alone is responsible." Mr. Tazewell rejoined, and said a power had been exerted in this case in viola tion of the constitution." He was followed by Mr. Livingston-and on the motion of Mr. Forsyth, the senate adjourned.
[We regret that the sketches of this day's business cannot be extended. We hope to bring up and preserve the proceedings.]
Sec. 1. Be it enacted, &c. That from and after the passage of this act, the pay of captains and masters commandant in the navy of the United States, shall be, in full and in lieu of all pay, emoluments, and allowances whatsoever, except as hereinafter provided, as follows: A captain of fifteen years standing and upwards, while on shore, three thousand dollars-while at sea, three thousand five hundred dollars.
A captain of ten years standing, and under fifteen, while on shore, two thousand seven hundred and fifty
dollars-while at sea, three thousand two hundred and | Mass. Williams, Tucker, Taylor, Chilton, Craig, Burfifty dollars.
A captain of five years standing and under ten, while on shore, two thousand five hundred dollars-while at sea, three thousand dollars.
A captain under five years standing, while on shore, two thousand dollars-while at sea, two thousand five hundred dollars.
A master commandant, while on shore, fifteen dred dollars-while at sea, two thousand dollars.
ges, Bates, Richardson, Huntington, Spencer, of N. Y. McDuffie, A. H. Shepperd, Strong, Wilde, Campbell, Ellsworth, Speight, Barringer, Polk, and Swift.
On the motion of Mr. Huntington, in the course of the discussion, a provision was adopted (see end of 4th section), to allow to the widow or children of a deceased pensioner the balance of the semi-annual pension folhun-lowing his decease.
The committee of the whole having risen and reportA captain commanding a squadron, fifteen per cent.ed the amendments, and they having been agreed to by upon his sea pay, according to his rank as aforesaid. the house, Captains, comraanding navy yards, shall be entitled to the same pay as is allowed to officers of the same rank while at sea.
Mr. McCreery moved further to amend the bill, by adding the following section, and made some remarks in explanation and support of his proposition, viz: Sec. 5. And be it further enacted, That the provi
Sec. 2. And be it further enacted, That it shall be the duty of the accounting officers of the navy depart-sions of the act for the relief of certain surviving offiment to allow to captains commanding at navy yards, an adequate credit for quarters whenever the same are not provided by the government.
cers and soldiers of the revolution, passed the 15th day of May, 1828, shall not hereafter be extended to offi cers who were commissioned after the 1st day of December, 1781, unless they were in the service prior to date of their commissions; and all such officers who are now receiving pensions, shall be stricken from the roll, from and after the passage of this act.
Sec. 3. And be it further enacted, That all officers of the navy travelling on the public service, shall be allow-the ed in lieu of all travelling expenses, twelve cents per mile, and for every day's detention at any place, not their residence, and not on board the ship to which they may be attached, two dollars per diem.
Mr. Cambreleng, from the committee of commerce, reported the following bill; which was twice read, and ordered to a third reading on Monday next, the 21st in
A bill for the relief of certain importers of foreign merchandise.
Be it enacted, &c. That the secretary of the treasury shall be, and he is hereby authorised to extend relief to any importer of foreign merchandise who may have been charged under the provisions of the third section of the act, entitled, "an act for the more effectual collection of the duties on imports," passed 28th day of May, 1830, with any duty in addition to the duties existing on such merchandise previous to the passage of said act, to the amount of such additional duty: Provided, said merchandise shall have been imported previous to the 1st day of January last.
The house resumed the consideration of the resolution proposing to print 6,000 additional copies of the reports of the majority and minority of the judiciary com
Mr. Daniel resumed the floor, and consumed the remainder of the allotted hour in the continuation of his speech on the judiciary-having used the occasion for presenting his views generally, on the questions embraced in the reports-arguing against the competency of the supreme court to decide on the validity of state laws, illustrated by a reference to the decisions of the court on the complex land laws of Kentucky, &c. and concluding by some remarks on the subject of nullification. When he had taken his seat,
Mr. Barringer gave notice that when this subject came up to-morrow, he should make a question of order, whether it was competent for members, on a simple motion to print the reports, to go into a general discussion of the reports themselves, and the whole subject of the judiciary.
Mr. Doddridge moved the previous question, which being sustained, cut off Mr. McCreery's motion. Mr. Speight, called for the yeas and nays on the previous question; but the house refused them. Mr. Lewis, of Ala. moved a call of the house, but this also was negatived; and then
The question being put on ordering the bill to be engrossed and read a third time, it was carried by the following vote:
YEAS-Messrs. Anderson, Angel, Arnold, Bailey, Noyes Barber, Barringer, Bartley, Bates, Baylor, Beekman, Boon, Broadhead, Brown, Buchanan, Burges, Butman, Cahoon, Cambreleng, Campbell, Chandler, Childs, Chilton, Clark, Coleman, Condict, Conner, Cowles, Crane, Crawford, Crockett, Creighton, Crowninshield, John Davis, Deberry, Denny, De Witt, Dickinson, Doddridge, Dorsey, Dudley, Duncan, Earll, Ellsworth, Geo. Evans, Joshua Evans, Horace Everett, Findlay, Finch, Ford, Forward, Gaither, Gilmore, Grennell, Halsey, Harvey, Hawkins, Hinds, Holland, Hoffman, Hubbard, Hughes, Hunt, Huntington, Ibrie, William W. Irvin, Jarvis, Johns, Richard M. Johnson, Kendall, Kincaid, Perkins King, Adam King, Leavitt, Lecompte, Leiper, Lyon, Magee, Marr, Martindale, T. Maxwell, McCreery, Melntire, Mercer, Mitchell, Muhlenburg, Overton, Pearce, Pettis, Pierson, Randolph, Reed, Rencher, Richardson, Russel, Sanford, Scott, Wm. B. She pard, Aug. H. Shepperd, Shields, Semmes, Sill, Smith, Richard Spencer, Sterigere, Wm. L. Storrs, Strong, Sutherland, Swann, Verplanck, Washington, Weeks, Whittlesey, Camp. P. White, Swift, Taylor, Test, John Thomson, Tracy, Tucker, Varnum, Edward D. White, Wilde, Williams, Wilson, Yancey, Young-126. NAYS--Messrs. Alexander, Alston, Armstrong, Barnwell. Jas. Blair, Jno. Blair, Bockee, Claiborne, Clay, Coke, Craig, Crocheron, Davenport, W. R. Davis, Desha, Draper, Drayton, Foster, Fry, Gordon, Haynes, Howard, Cave Johnson, Lamar, Lea, Letcher, Lewis, Loyall, Lumpkin, McDuffie, Nuckolls, Polk, Potter, Roane, Speight, Sprigg, Standefer, Wiley Thompson, Trezvant, Vance, Vinton, Wayne, Wickliffe-43.
The following is the bill as it was passed to a third reading.
Be it enacted, &c, That each of the surviving officers, non-commissioned officers, musicians, and soldiers, of the army of the revolution, who shall have served in the continental line, state troops, volunteers or militia, at one or more terms a period of two years during the war of the revolution, and who are not entitled to any benefit under the act for the relief of certain surviving officers and soldiers of the revolution, passed the fitteenth day of May, eighteen hundred and twenty-eight, be authorised to receive, out of any money in the trea
Mr. Mercer moved to suspend the rule of the house in regard to motions, for the purpose of enabling himself to submit a resolution requesting the executive to enter into negotiations with the maritime powers of Europe, to induce them to enact laws declaring the Afri-sury not otherwise appropriated, the amount of his full can slave trade piracy, and punishing it as such; but the motion, (requiring two-thirds) was lost-63 to 54.
pay in the said line, according to his rank, but not exceeding, in any case, the pay of a captain in the said line; The house went into committee of the whole on the such pay to commence from January 1, 1850, and sha!1 bill supplementary to the act of 1828, for the relief of continue during his natural life; and that any such offi certain surviving officers and soldiers of the revolution. -cer, non-commissioned officer, musician, or private, ss This bill, as usual on all bills making general provi- aforesaid, who shall have served in the continental line, sion on the subject of pensions, gave rise to much de- state troops, volunteers or militia, a term or terms, in bate; especially on the often discussed question of in- the whole less than the above period, but not less than cluding the militia in the relief extended to the regular six months, shall be authorised to receive out of any unsoldiers. The debate on this question arose on a mo- appropriated money in the treasury, during his natural tion by Mr. Tucker, of S. C. to include the militia vo-life, each, according to his term of service, an amount Junteers and state troops in the present bill, which was ultimately adopted, almost by general consent. The gentlemen who entered into the discussion (some of them repeatedly), were Messrs. Verplanck, Davis, of nuary 1, 1830.
bearing such proportion to the annuity granted to the same rank, for the service of two years, as his term of service did to the term aforesaid, to commence from Ja
Sec. 2. And be it further enacted, That no person, which would have to be appointed-and if the principle receiving any annuity or pension under any law of the were adopted, every large town in the union situated on United States providing for revolutionary officers and a river would be entitled to the same privilege. He soldiers, shall be entitled to the benefits of this act, un-moved the reference of the bill to the committee of less he shall first relinquish his further claim to such ways and means. pension; and in all paynients under this act, the amount which may have been received under any other act as aforesaid, since the date at which the payments under this act shall commence, shall first be deducted from such payment.
Mr. Wickliffe and Mr. Pettis defended the bill against the objections urged, and argued to show its necessity to the convenience of the large and thriving commercial places comprised in the bill. Before the question was taken, the hour elapsed.
The several appropriation bills which yesterday passed through the committee of the whole, were taken up, and the several amendments agreed to by the house.
Mr. Drayton then renewed the motion made by him in committee of the whole, to increase the appropriation of the year for arming fortifications from one to two hundred thousand dollars; and he insisted on the expediency of greater dispatch in arming our fortifications, from the probability of a war in Europe, and the possibility of our being drawn into it.
Sec. 3. And be it further enacted, That the pay allowed by this act shall, under the direction of the secretary of the treasury, be paid to the officer, non-commissioned officer, musician, or private, entitled thereto, or his or their authorised attorney, at such places and times as the secretary of the treasury may direct: and that no foreign officer shall be entitled to said pay, nor shall any officer, non-commissioned officer, musician, or private, receive the same until he furnish the said secretary satisfactory evidence that he is entitled to the same in conformity to the provisions of this act; and the pay hereby allowed Mr. McDuffie thought there was not the remotest shall not be in any way transferable, or liable to attach-danger of our being involved in any war of the kind. ment, levy, or seizure, by any legal process whatever, His opinion was that the contests now going on in Eebut shall enure wholly to the personal benefit of the of-rope in the name of liberty, were not such as to render ficer, non-commissioned officer, musician, or soldier, en- our interference probable. titled to the same.
Messrs. Hoffman, Yancey, Wilde and Burges, also opposed the amendment, and Mr. Carson supported it; and after much debate,
The amendment was lost by yeas and nays-yeas 69, nays 90.
Sec. 4. And be it further enacted, That so much of the said pay, as accrued before the approval of this act, shall be paid to the person entitled to the same as soon as may be, in the manner and under the provisions above mentioned; and the pay which shall accrue thereafter Mr. McDuffie moved to insert an appropriation of shall be paid semi-annually, in the manner above di-$3,000 for the purchase of medals to be distributed rected. And in case of the death of any person em- amongst Indian chiefs. braced by the provisions of this act, or of the act to Mr. Vance said the object was a proper one, as it was which it is supplementary, during the period interven- well known that such presents to the Indians were very ing between the semi-annual payments directed to be useful and had been always customary. He could not made by said acts, the proportionate amount of pay forbear, however, from reminding those gentlemen who which shall accrue between the last preceding semi-an-now saw the expediency of the measure so clearly, that nual payment, and the death of such person shall be paid to the widow, or if he leave no widow, to his children.
Thursday, Feb. 17. On a division, soon after the commencement of business this day, it appeared that a quorum was not present-but a call of the house being ordered, 108 members answered to their names.
The house resumed the consideration of the motion to print 6,000 copies of the reports of the judiciary committees.
An attempt was made by Mr. Barringer to arrest the debate in a question of order as to the latitude of the debate, but the effort was not successful.
Mr. Foster then took the floor, and spoke at length on the subject, not having concluded when the expiration of the hour arrested his remarks.
an expenditure under the late administration of one-third of the sum now proposed, filled about a page of the famous report of the committee of retrenchment, in setting forth its enormity.
The appropriation was agreed to-ayes 85, noes not counted.
gation of rivers, removing obstructions from the mouths The bill making appropriations for improving the naviof rivers and harbors, &c. next came up
Mr. Lea wished to know the sense of the house on this measure; he wished to know what was meant by this sort of external internal improvement; he wished to know how high up a river it was considered constitutional to go without coming in conflict with the objectionable principle, and how far the house could carry a distinction which he himself could not see or approve. He could see no difference between appropriations for harbors and the mouths of rivers, and appropriations for the imen-provement of the interior of the country. He, therefore, asked for the yeas and nays on the engrossment of
The various bills ordered to be engrossed were read a third time and passed.
On the passage of the bill supplementary to an act titled an act for the relief of the surviving officers and soldiers of the revolution.
After an attempt to recommit the bill-it was passed130 to 62.
The appropriation bills were then taken up, in committee of the whole, amended, &c. They were for the naval and military service, for the improvement of harbors-fortifications-the Indian department-improvement of roads and rivers-the engineer, ordnance and quarter master department, being such bills as usually In the bill for roads and rivers, however, an amendment appropriating 150,000 dollars for the improvement of the Ohio river, was adopted-ayes 79, noes 52.
Friday, Feb. 18. After other business
Mr. Cambreleng, from the committee of commerce, reported a bill allowing the duties on foreign merchandise imported into Pitsburgh, Wheeling, Cincinnati, Louisville, St. Louis, Nashville and Natchez, to be secured and paid at those places; which was twice read, and Mr. C. moved that it be ordered to a third reading. Mr. Mc Duffie opposed the motion because it was a subject which belonged to the revenue, and ought to have been before the committee of ways and means. moreover, was a novel principle-one involving a great expenditure in the number of custom-house officers
Mr. Carson said he felt that on the subject of internal The bill proposed various objects of expenditure for harimprovement it was perfectly useless to say a word. bors, &c. What evidence was there of their necessitynot to speak of their constitutionality-that he would not mention-it is scoffed at-we have no constitution—it is dead and gone. But he knew of no evidence that the improvements were needed, admitting their legality. He went through all the items, to show that many of them tible. were unworthy of legislation, and some of them contempHe protested against them, and said that the items for his own state should not seduce him to vote for aware, would have any influence on the house; he, therethe bill. Nothing, however, which he could say, he was fore, called on his friend from Kentucky, (Mr. Yancey), to make a speech against it. Accordingly
vehement terms against this course of extravagant exMr. Yancey rose and in a short speech inveighed in penditure, and urged the house to return to the good old system of Jeffersonian economy.
Messrs. Irvin and Whittlesey defended the appropriatheir importance to the commerce of the west, the great tion in reference to the waters of lake Erie, showing extent of the commerce of the lake, the deficiency o
natural harbors on it, and the necessity of forming them, in no way different from the objects in this bill. North Carolina had petitioned congress for the improvement of Ocracock and &c. the Cape Fear, and all her delegation had supported the ap Mr. Sill also defended at some length the appropria-plication. It had been frequently before the house, and none of tion for the harbor of Erie.
Mr. Curson replied, and reiterated his objections to the bill, on the score of expediency and principle. Mr. Drayton said that most of the items were proper, but there was some which he deemed unconstitutional. He could not vote for the bill.
The question was taken on the third reading of the bill and carried-113 to 45.
On motion of Mr. Whittlesey, it was
Resolved, That the secretary of the navy be directed to transers bought up the liberties of the people with the spoils of the mait to this house all the papers in his department in any manner relating to the capture and detention of several negroes on board of the vessels Constitution, Louisa and Marion.
them had discovered that it was unconstitutional; and now because Mr. McDuffie begged the friends of the bill not to these objects are embraced in this bill, are we who vote for it to consume the time of the house in making speeches be charged with being bought up? He had voted for suck a bill every year, when these objects were not included, and he should against an opposition so untenable that it could not cer- have voted for it now, if they had been excluded. Was he to tainly gain thirty votes. The bill embraced no new ob-vote against what was right, because he could not obtain what jects; it embraced such only as former appropriations he conceived just, or vote against the bill because the objects authorised, or standing laws required, and every item which his own state had at heart were included, lest he might be had been examined and approved by a committee. He charged with being bought up? He protested against such injurious imputations. hoped, therefore, that the debate would be left entirely Mr. Carson said that he was very glad that his colleague had to the enemies of the bill. let off some matter which he had been pregnant with for some time-[The speaker here interposed, and said that the gentle man's colleague had disclaimed any reflection upon the gentle man's motives.] I understood him to do so, said Mr. C., and I too disclaim any intention to reflect upon the motives of other gen tlemen. My colleague says that I charge him with being bought that was the purport of his speech. Sir, I made no such charge. I am willing to say that every member who votes for this bill believes that he is right. But I believe that they are wrong, and that those who do vote for it, whatever is their motive, are selling the liberties of their country. In ancient times the Roman leadconquered provinces; and this policy of internal improvement and our high-handed tariff are the means with which the liberties of this people are to be bought up. My cʊikague says he will not defend the constitutionality of the appropriations proposed by this The conbill: and weil he may say so, for he cannot defend it. stitution has been placed in the hands of empirics-of political quacks, who have given it a construction whereby it is swallowing up the liberties of the country; and, when they are gone, where are we to look for liberty! Where, sir, I repeat, are we to look for it? Almighty God may have ordained that liberty shall exist only in one hemisphere at a time. If so the genius of liberty may have taken her flight from among us-she may have followed Lafayette across the waters-and whilst they have liberty in France, we may have tyranny here. I must believe, sir, if our liberties are saved, that it can be only by the interposition of the individual states; and, sir, I look to old Virginia, as the nucleus around which the states are to rally to resist the usurpations of the general government. I look to her sons-to her Patrick Henrys (such men as he, who dared to declare that resistance of oppression was not treason)-I look to her Madison, to her Mon. roe, to you, sir, (the speaker)-gentlemen may laugh, sir, but I look to such men-not to men bought up by appropriations and by the hope of office, but to men of high and elevated feelings and stern integrity to save my country. If such men do not rouse saying, that perhaps he had spoken with too much warmth on themselves to action, our liberty is gone. Mr. C. concluded with this occasion; that he was sick, and had no intention to come bere by a call of the house. He knew it was in vain to oppose the to-day; but that he had been sent for, and brought from his bed passage of this bill, and perhaps there was no use in a man's throwing himself into the breach, and receiving in his breast the daggers of all who were in favor of it. He attacked the system, not the motives of gentlemen: but he solemnly believed, if this that nothing but the action of the states could save them. sort of legislation was persisted in, our liberties were gone; and
Saturday, Feb. 19. After the speaker had taken the chair, it appeared that a quorum was not present-a call of the house was made, and soon after there was a quorum, and the business proceeded.
Mr. Buchanan moved that the committee of the whole house to which was committed the bill declaratory of the law concerning contempts of court, be discharged from the consideration of that bill, and that it be laid on the table. Carried.
The bills making appropriations for the navy for 1831;
Making appropriations for the military for 1831; Making appropriations for fortifications for 1831; To adjust the books of the fourth auditor; were severally read a third time, passed and sent to the senate for concurrence.
The engrossed bill making additional appropriations for the improvement of certain harbors, and removing obstructions at the mouths of certain rivers, was read the third time.
Mr. Carson, of N. C. rose and said the liberties of my country are by this bill put up for sale. I, for one, will not be bribed to vote for it. Mr. Barringer said he was very sorry to hear such language from his colleague. The liberties of the country put up to sale? How put up to sale? asked Mr. B. It is an imputation on the house-not only on this house, but on every congress from the foundation of the government, and every executive from the commencement to the present. This bill Mr. B. said, presented no question of internal improvement, as that question is understood by southern gentlemen generally,
He had voted with his colleague on these appropriations hereto fore; they were for objects annually provided for by congress, his colleague had voted for them, and this was the first time that he had found out that they put up to sale the liberties of his country. This was a strange declaration-that in a bill of the most usual and customary character-to promote the commerce and revenue of the country-which had been regularly provided for every year, without any body dreaming that it was a violation of the constitution-to hear it proclaimed now that it was selling the liberties of the country! If that is the case, where, he asked. was the vigilance of his colleague on former occasions, when similar appropriations had received his vote? The principle, Mr. B. said, had never been denied, that where the commerce of the country could be facilitated or increased, and the revenue derived therefrom was received exclusively by the general government, that it was within the province of the government to make the improvement; and this was strictly and peculiarly the case with barbours, and the mouths of rivers, where obstructions impeded or endangered the navigation. This was a species of improve ment which it had never been contended devolved on the states themselves-they had been executed by the general government from the beginning of the government; at least such had been the action of congress ever since he had been here, and the action, he believed, of those who had gone before us. It was for his colleague to exercise his own judgment for himself on this subject and all others; but in mercy. Mr. B. said, he hoped his colleague would permit him to exercise the same right without the imputation of selling the lib rties of his country.
The speaker checked Mr. B. He did not understand Mr. C. as imputing such a decision to members, but only as speaking of the effect of the bill.
Mr. Carson hoped the speaker would permit his colleague to proceed, and cast every thing on him that he desired. He knew his motive.
Mr. Barringer resumed. He wished only to vindicate himself, not to cast any thing on his colleague-North Carolina had petitioned for the improvement of Roanoke inlet. This object was
past, he had voted in favor of measures of internal improvement, Mr. Blair, of Tennessee, said that, although, for several years and had seen no reason to change his opinion or bis course in that guments by which it had been supported by the gentleman from particular, yet he should vote against this bill, because of the ar North Carolina, [Mr. Barringer.] For his part Mr. B. said, he could not see why the mouth of a river should be improved by ap propriations of the public money more than its bed; nor why a measure of this description. coming from the committee of com merce, was not as much a measure of internal improvement, as if it had come from the committee of roads and canals. Suppose the appropriations proposed by this bill had been for the improve ment of the Ohio river, or for removing obstructions in other streams; would not the gentleman from North Carolina have gone against that measure? Has he not invariably gone against such appropriations? What, then, shall we see, if we act upon the principles which govern his vote in favor of this bill? Why, sir, that there is to be a system of appropriations for bays and rivers, for expenditures on tide water, and no appropriations are to be made for the improvement of the interior. It is, there fore, sir, that I am obliged to turn my back against this bill, after voting for similar measures for the last eight years. Sir, look at the details of this bill; the state of Ohio is the only one of the western states for which the smallest appropriation is proposed in it. Suppose I were to call for an appropriation for the im provement of the Coosa river; would the gentleman from North Carolina come out and say that that appropriation is constitutional? No, sir, he would not admit its constitutionality, because it is above the mouth of the river, and not immediately connected with foreign commerce. Yes, sir, I might exhaust my strength here, in vain, in showing the importance of the connexion of the Coosa and Tennessee rivers; I should not get the vote of the gentleman from North Carolina. If the proposition for such an appropriation came from the committee of commerce, indeed, then I might, perhaps, get his vote, but not if it came from the committee on internal improvements. Mr. B. repeated that he felt himself called upon to vote against the bill, because of its exclusive nature. going to establish a system of providing for the improvement of the mouths of rivers, bays, &c. and neglect ing the whole interior interests of the country. He was for im proving the means of domestic as well as foreign intercourse
and commerce. If the exclusive system proposed by this bill was persevered in, the people whom he represented would derive no benefit whatever from the expenditure of public money. He believed this to be as much an internal improvement bill as any bill of that nature introduced at the present session: of its constitutionality he had no doubt: but he denied the expediency of thus limiting and partially carrying the principle into effect. Whenever measures should come before the house which do look to the great interests of the country-to those of the country beyond the Alleghany, as well as that on this side of it, his opinion on the subject would be found to be the same now as it always had been. In self defence, said he, we of the west must vote against such partial appropriations of the public mo ney as are embraced in this bill, or else we shall become but bewers of wood and drawers of water; we shall feel the blessings of government in the burthens which it imposes, and not in the benefits which it confers.
Mr. Barringer again rose. It had been his practice, he said, to vote for what he deemed just and expedient, no matter by what committee the measure was reported. In regard to the question before the house, he said, his rule was this: that, if he found the object connected with the commerce of the nation, and calculated to benefit that commerce, he deemed the object legitimate, and he gave it his support. For instance: the mouth of the Mississippi, one of the items of this bill, was important to the commerce of all the great rivers which flow into it, and he could not hesitate to support the appropriation: and if gen tlemen would point out any objects not leading to some port, and calculated to facilitate the would agree to strike it out. On the lakes he knew there were ports, and these were necessary to the great and growing commerce of those waters, and he was as ready to support legiti mate objects in the west as the east. He would not condescend to inquire what part of the country the object was to benefit, so it was proper. If it came from the gentleman's (Mr. Blair's) committee (the committee on internal improvement) he would support it just as soon as if it came from any other. He would leave it to that gentleman to say how he could now oppose measures which he had formerly supported, because he thought the conduct of others improper or inconsistent. For himself, Mr. B. said, seeing nothing in this bill variant from what he had always supported, he should give it his vote.
Mr. Whittlesey, believing that further debate would not change a single vote, moved the previous question.
terms stated in the agreement, for which purpose an appropriation will be necessary. Very respectfully, JOHN H. EATON.
The president of the United States.
The message and documents were referred to the committee on military affairs.
The speaker laid before the house a letter from the first comptroller of the treasury, communicating lists of balances due from collectors of the customs, receivers of land offices and collectors of direct taxes and internal duties, more than three years prior to the 30th September, 1830, which were laid on the table.
Many bills, affecting private claims, were then attended to-which, with the other business transacted, will sufficiently appear hereafter.
Monday, Feb. 21. About 70 petitions this dayamong then many on behalf of the Indians. Among the petitions
By Mr. Sutherland-of ship owners and others engaged in mercantile concerns in Philadelphia, for the erection of a light house on either of ther ately at the entrance north-west branch of the Palaes Chesapeake and Delaware bays may be required river. and that all vessels navigating the waters to carry lights after sunset.
By Mr. Sutherland, and also by Mr. Miller-of inhabitants of the city of Philadelphia, engaged in the manufacture of iron, and of persons friendly to the production of it in this country, remonstrating against the reduction of the duty on iron.
By. Mr. Duncan-of the general assembly of the state of Illinois for an additional section of land in each township for the purpose of education.
By Mr. Burges-of merchants of Providence, in the state of Rhode Island, setting forth that the duties imposed in the island of Cuba upon American ships and cargoes, are so disproportionate to those which are levied upon Spanish ships and cargoes entering the ports of the United States, that, if continued, they will give the carrying trade between Cuba and the United States, exclusively to Spanish vessels; and that the duties upon American rice in Portugal and her dependencies are so high as to amount to a prohibition, notwithstanding a recent reduction of the duties upon Madeira and other Portuguese wines, imported into the United States; and praying congress to adopt such measures as may be deemed most expedient to remedy the evils complained of.
The motion was sustained, and the question being put on the passage of the bill, it was carried, by the following vote. YEAS-Messrs. Anderson, Armstrong. Arnold, Bailey. Noyes Barber, Barringer, Bartley, Bates, Baylor, Beekman, Bockee, Boon, Brown, Burges, Butinan, Cahoon, Cambreleng, Chandler, Childs, Chilton, Clark. Coleman, Condict, Cooper, Coulter, Cowles, Crane, Crawford, Crockett, Creighton, Crowninshield, Daniel, John Davis, Deberry, Denny, Dickinson, Doddri lge, Dorsey, Dudley, Duncan, Dwight, Eager, Ellsworth, George Evans, Joshua Evans, E Ever tt, Findlay, Finch, Ford, Forward, Fry, Gilmore, Green, Grenn-li, Gurley, Halsey, Hammons, Harvey, Hawkins, Hemp hill, Hodges. Holland, Howard, Hubbard, Hughes, Huntington, Ihrie, Ingersoli, Thomas Irwin, W. W. Irvin, Jarvis, Johns, R. M Johnson, Kendall, Kennon, Kincaid, Perkins King, Leavitt, Lecompte, Leiper, Lent Letcher, Mallary, Marr, Martindale, Thomas Maxwell, Lewis Maxwell, McCreery, McDuffie, McIntire, Mercer, Miller, Mitchell, Muhlenburg. Overton, Pearce, Pettis, the hon. Robert Monell, of New York, and the hon. The speaker communicated to the house letters from Pierson, Randolph, Reed, Rencher, Richardson, Russel, Sanford, Wm. B. Shepard, A H. Shepperd, Shields, Semmes, Sill, Smith, John Biddle, delegates from Michigan, each resigning Speight, Richard Spencer, Sprigg. Stanberry, Sterigere, Stephens, his seat in the 21st congress-the letters were read and W. L. Storrs, Sutherland, Swann, Swift, Taylor, Test, John Thom-laid on the table. son, Tracy, Vance, Varnum, Verplanck, Vinton, Washington,
Weeks, Whittlesey, E. D. White, Wickliffe, Wilson, Yancey,
A message was received from the president of the United States, transmitting the following report from the secretary of war.
War department, Feb. 18, 1831. SIR: The island below New Castle, upon which fort Delaware is situated, is held by the United States, under a cession by the state of Delaware. A citizen of New York, Dr. Henry Gale, alleges the title to be in him, by virtue of a grant of New Jersey, and of subsequent purchases made under that grant.
The agent of Dr. Gale has proposed a surrender of title to the United States for the sum of $17,000, subject to an examination as to the strength and validity of his title.
The United States having expended large sums in the construction of fort Delaware, it is not proper that the right of property should be at all questionable.
I present to you copies of an agreement entered into with the agent, and propose that authority be given by congress to have the title inquired into: and, if ascertamed to be defective, then to be compromised upon the
foreign merchandise, which had been reported on Mon-
And pending the question on the passage of the bill,
Mr. Huntington stated his objections to the resolution, and moved its indefinite postponement; and after some Buchanan and Chilton, a motion was made by Mr., debate on the part of Messrs. Huntington, Whittlesey Carson that the resolution be laid on the table; which motion prevailed.
Mr. Everett resumed the floor, and addressed the house nearly two hours-concluding his speech on Indian affairs. Mr. Haynes followed, and Mr. Bell addressed the house more than an hour, but in consequence of recent ill health, suspended his further remarks until the subject should come up again.
Many private bills were read a third time and passed. Adjourned.
Tuesday, Feb. 22. A great deal of preparatory business was attended to-the details of which will appear hereafter.
Mr. White, of N. York, from the committee appointed on the 23d December, "to inquire into the expediency of providing that dollars of the New American goverments and five franc pieces, shall be a legal tender in the payment of all debts and demands: And also whether any additional regulations are necessary to the re-coinage of foreign silver coin at the mint" made a long and detailed