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Domestic News
December 20, 1828
Richmond Enquirer
Richmond, Richmond County, Virginia
What is this article about?
Proceedings of the 20th U.S. Congress, second session, in the Senate and House of Representatives on December 15-16, 1828, covering memorials, resolutions on judiciary, finance, naval affairs, printing elections, pensions, internal improvements, and a presidential message with correspondence on negotiations for surrendering fugitive slaves to Britain.
Merged-components note: Sequential components form a continuous report on U.S. congressional proceedings (Senate and House sessions on December 15-16, 1828); merge into single domestic_news unit.
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TWENTIETH CONGRESS
second session.
Monday, December 15, 1828.
IN SENATE.
Mr. Hayne presented the memorial of Mrs. Susan Decatur, which was referred to the Committee on Naval Affairs.
Mr. White submitted the following resolution; which lies on the table until to-morrow:
Resolved, That the Committee on the Judiciary be instructed to inquire into the propriety and necessity of so amending the Judicial System of the United States as to place all the States in a similar situation; and furnish to the citizens of each an equal opportunity of having a due administration of justice.
The following resolutions, offered on Thursday, by Mr. Woodbury were read a second time, and agreed to:
"Resolved, That the Committee on Finance be instructed to inquire into the expediency of reducing the duties imposed on imported Coffee and Teas."
"Resolved, That the same Committee be instructed to inquire into the expediency of allowing a drawback on the exportation of nails, spirits, and cordage, when manufactured here, from foreign materials."
Mr. Noble gave notice that he would, to-morrow, ask leave to introduce two bills--one for the relief of sundry officers, soldiers, and widows, and the other for the relief of sundry Revolutionary and other officers and soldiers, and for other purposes.
Agreeably to notice given, Mr. Eaton asked and obtained leave to introduce the following joint resolution, amendatory of the joint resolution of 3d March 1819; which was read the first time, and passed to a second reading:
"Resolved, &c. That, within thirty days before the adjournment of every Congress, each House shall proceed to vote for a Printer to execute its work for and during the succeeding Congress; and the person having a majority of all the votes given, shall be considered duly elected; and that so much of the Resolution, approved the 3d of March 1819, entitled "a resolution directing the manner in which the printing of Congress shall be executed, fixing the prices thereof, and providing for the appointment of a printer or printers," as is altered by this resolution, be, and the same is hereby rescinded."
In offering this resolution, Mr. E. said, that he might as well declare his object in doing so at this time as at any other. It would be recollected that, at the last Congress, a gentleman from Delaware, (Mr. Clayton) had submitted a resolution, to change the mode of electing a public printer, by requiring a majority of votes to elect, instead of a plurality, as prescribed in the joint resolution of 1819. It was at that time maintained, that, as it was a joint resolution of the two Houses which prescribed that a plurality of votes should elect, the Senate was incompetent, of itself, to change the mode. The amendment now submitted by Mr. E. observed, was intended to do that directly and by law, which had been attempted to be done by the vote of one House of Congress only.
The Chair having declared that there was no further business before the Senate,
On motion, the Senate adjourned.
HOUSE OF REPRESENTATIVES.
The petitions presented this day were very numerous--among them were a number for imposing duties on sales at Auction. One presented by Mr. Cambreleng, from New-York, with seven thousand six hundred subscribers: one from Northampton, in Massachusetts, presented by Mr. Bates; one from Norwich, in Connecticut, presented by Mr. Barber; one from Buffalo, presented by Mr. Garnsey; one from Lynchburg, in Virginia, presented by Mr. Davenport.
Mr. P. P. Barbour, from the Committee on the Judiciary, made unfavorable reports on the memorials of the members of the Bar at Wythe Court House, in Virginia; of John Hawkins, Executor of James Linsey.
The reports were read and laid on the table.
On motion of Mr. Drayton, it was
Resolved, That the Committee on Naval Affairs be instructed to inquire into the expediency of authorizing the Secretary of the Navy, upon just and equitable principles, to settle the accounts, and to allow the claims, of Navy Agents and other disbursing officers in his Department, founded upon the depreciation of Treasury notes, placed in their hands as available funds, and which they were under the necessity of selling, or negotiating at a discount, in order to meet the exigencies of Government.
Mr. Whittlesey moved the following resolution, which was read and laid on the table, under the rule:
Resolved, That the Secretary of War report to this House his proceedings, if any have been had, under the 4th section of the act entitled "An act for the relief of Nimrod Farrow and Richard Harris," passed 3d of March, 1825, and if any money has been paid by virtue of said fourth section, that he report the evidence on which the allowance was made.
On motion of Mr. Sergeant, it was
Resolved, That a committee be appointed to inquire into the expediency of making further provision for the support and extension of the Mint establishment.
OLD BALANCES.
The Speaker laid before the House a letter from the First Comptroller of the Treasury, transmitting the list of Balances, with the names of Defaulters standing on the Books of the Third Auditor of the Treasury.
Laid on the table, and to be printed.
FUGITIVE SLAVES
The following Message, in writing, was received from the President of the United States; which was read, and laid on the table:
To the House of Representatives of the United States.
WASHINGTON, 15th Dec. 1828
In compliance with the Resolution of the House of Representatives, of the 8th instant, referring to a Negotiation with the British Government, by virtue of a Resolution of the House of 10th May last, relative to the surrender of fugitive slaves, I transmit herewith a Report from the Secretary of State, with copies of instructions and correspondence, containing the desired information.
J. Q. ADAMS
DEPARTMENT OF STATE.
Washington, 6th December, 1828
The Secretary of State, to whom has been referred the Resolution of the House of Representatives, of the 8th instant, requesting the President "to inform that House whether, by virtue of a resolution passed on the 10th day of May last, he has entered into any, and, if any, what, negotiation with the British Government relative to the surrender of Fugitive Slaves who may have taken refuge within the Canadian Provinces belonging to said Government," has the honor to report to the President, that, presuming it will be satisfactory to the House to be informed of the instructions which were given to the late Minister of the United States at the Court of St. James, on the subject matter of the resolution, and of the result of the negotiation which was opened in consequence of them, extracts are, herewith, submitted from instruction given to Mr. Gallatin, on the 19th of June, 1826, and the 21st of February, 1827, and a copy of a letter addressed to him on the 24th of May, 1827, together with extracts from the despatches of Mr. Gallatin, under date of the 21st of December, 1826, the 5th of July, 1827, and the 26th of September, 1827.
The Secretary of State has, also, the honor to report, that, in pursuance of the resolution of the House of Representatives of the 10th of May last, an instruction was given on the 13th of June last, to Mr. Barbour, a copy of which is now laid before the President, together with a copy of the only communication which has been yet received from him on that subject.
H. CLAY.
Extract from instructions of the Department of State to Mr. Gallatin, Envoy Extraordinary and Minister Plenipotentiary to Great Britain, dated June 19, 1826.
"You are, accordingly, authorized and instructed to propose a stipulation--
1st. For the mutual surrender of deserters from the Military and Naval service, and from the Merchant service of the two countries. Persons who have been naturalized by the laws of either party, must be excepted from the operation of the article. The sixth article of our Convention with France, of 1822, will furnish suggestions for the preparation of an article on this subject.
And secondly--A mutual surrender of all persons held to service or labor under the laws of one party, who escape into the Territories of the other. Our object in this stipulation is, to provide for a growing evil which has produced some, and, if it be not shortly checked, is likely to produce much more irritation. Persons of the above description escape, principally from Virginia and Kentucky, into Upper Canada, whither they are pursued, by those who are lawfully entitled to their labor, and, as there is no existing regulation by which they can be surrendered, the attempt to recapture them, leads to disagreeable collisions. In proportion as they are successful in their retreat to Canada, will the number of fugitives increase, and the causes of collision multiply. They are, generally, the most worthless of their class, and far, therefore, from being an acquisition which the British Government can be anxious to make, the sooner, we should think, they are gotten rid of, the better for Canada. It may be asked, why, if they are so worthless, are we desirous of getting them back? The motive is to be found in the particular interest which those have who are entitled to their service, and the desire which is generally felt to prevent the example of the fugitives becoming contagious. If it be urged that Great Britain would make, in agreeing to the proposed stipulation, a concession without an equivalent, there being no corresponding class of persons in her North American Continental Dominions, you will reply:
1st. That there is a similar class in the British West Indies: and, although the instances are not numerous, some have occurred of their escape, or being brought, contrary to law, into the United States.
2dly. That Great Britain would probably obtain an advantage over us in the reciprocal restoration of military and maritime deserters, which would compensate any that we might secure over her in the practical operation of an article for the mutual delivery of fugitives from labor; and
3dly. At all events, the disposition to cultivate good neighborhood, which such an article would imply, could not fail to find a compensation in that, or in some other way, in the already immense, and still increasing intercourse between the two countries. The States of Virginia and Kentucky are particularly anxious on this subject. The General Assembly of the latter has repeatedly invoked the interposition of the Government of the United States with Great Britain. You will, therefore, press the matter, whilst there exists any prospect of your obtaining satisfactory arrangement of it. Perhaps the British Government, whilst they refuse to come under any obligation by treaty, might be, at the same time, willing to give directions to the colonial authorities to afford facilities for the recovery of fugitives from labor, or, if they should not be disposed to disturb such as have, heretofore, taken refuge in Upper Canada, (few, if any, are believed to find their way into the Lower Province,) they might be willing to interdict the entry of any others in future. Any such regulations would have a favorable tendency, and are, therefore, desirable, if nothing more effectual can be obtained."
Mr. Gallatin to Mr. Clay.
December 21, 1826.
EXTRACT.
"From what fell in conversation, I had an opportunity to state what I was instructed to ask respecting the surrender of runaway slaves. That they were no acquisition to Canada, was acknowledged, and no objection was made to the principle; but several were suggested by Mr. Huskisson, arising from the difficulties thrown in the way of every thing of that kind by the Courts, and by the Abolition British Associations."
Mr. Clay to Mr. Gallatin.
February 24, 1827.
EXTRACT.
"The General Assembly of Kentucky, one of the States which is most affected by the escape of slaves into Upper Canada, has again, at their Session which has just terminated, invoked the interposition of the General Government. In the Treaty which has been recently concluded with the United Mexican States, and which is now under the consideration of the Senate, provision is made for the restoration of fugitive slaves. As it appears from your statement of what passed on that subject, with the British Plenipotentiaries, that they admitted the correctness of the principle of restoration, it is hoped that you will be able to succeed in making a satisfactory arrangement."
Mr. Clay to Mr. Gallatin.
Department of State,
Washington, 24th May, 1827.
ALBERT GALLATIN, &c. &c. &c.
Sir: I herewith transmit to you a copy of certain resolutions, adopted in the commencement of the present year, by the General Assembly of Kentucky, in respect to fugitive slaves, who make their escape from their proprietors in that State, and take refuge in Canada; and submitting to the President the propriety of opening a negotiation with the British Government, to provide an adequate remedy for the evil. Already charged with such a negotiation, these resolutions are forwarded, that you may, in the course of conducting it, make such use of them as may appear best adapted to the accomplishment of their object.
I am, respectfully, your ob't serv't,
H. CLAY.
Mr. Gallatin to Mr. Clay.
July 5, 1827.
EXTRACT.
"Mr. Addington says that he does not know who is contemplated to succeed Mr. Huskisson in the negotiation. He told me, that, on one point, Government had come to a conclusion. It was utterly impossible for them to agree to a stipulation for the surrender of fugitive slaves."
Mr. Gallatin to Mr. Clay, dated Sept. 26, 1827
EXTRACT.
"At my last conference, which took place yesterday, the British Plenipotentiaries took up the subject of the Nine Articles. They reiterated the declaration which they had already intimated, that their Government would not accede to the proposal of a mutual surrender of fugitive slaves taking refuge in any part of America, within the dominions of the other party. When the proposal was first mentioned, I had thought, perhaps erroneously, that it was not unfavorably received, and that the objections applied only to the mode of execution. The reason alleged for refusing to accede to a provision of that kind, is, that they cannot, with respect to the British possessions, where slavery is not admitted, depart from the principle recognised by the British Courts, that every man is free who reaches British ground. I do not believe that there has been any decision extending that principle to Canada, and other provinces on the Continent of North America; and I do not know whether the fact is strictly correct that slavery is forbidden in Canada. But it has been intimated to me, informally, that such was the state of public opinion here on that subject, that no Administration could, or would, admit in a treaty, a stipulation such as was asked for. No specific reason has been entered on the protocol by the British Plenipotentiaries."
Mr. Clay to Mr. Barbour
June 13, 1828.
EXTRACT.
"I transmit, herewith, a copy of a resolution of the House of Representatives, requesting the President to open a negotiation with the British Government, for the recovery of Fugitive Slaves who make their escape from the United States into Canada. On that subject, Mr. Gallatin found, in his conferences with the British Ministers, that they were unwilling to treat. You will ascertain if the same indisposition continues to exist. The evil is a growing one, and is well calculated to disturb the good neighborhood which we are desirous of cultivating with the adjacent British Provinces. It is almost impossible for the two Governments, however well disposed, to restrain individual excesses and collisions which will arise out of the pursuit of property on the one side, and the defence on the other, of those who have found an asylum. You will find in the instructions to Mr. Gallatin, of the 19th of June, 1826, and of the 24th February, and 24th of May, 1827, all that was communicated to him on this subject, from the Department. And if you ascertain that the British Government is in a favorable disposition, you are authorized to renew the proposal which he was instructed to make, embracing Fugitive Slaves and Deserters from the military, naval, and merchant service of the two countries."
Mr. Barbour to Mr. Clay.
October 2, 1828.
EXTRACT.
"In this conference I opened the subject of slaves taking refuge in the British North American possessions, by representing that our conteminous possessions had been attended with the usual border inconveniences, alluding to the cases of refugees from justice, deserters, and persons held to service; in other words, runaway slaves. When I mentioned the border inconveniences, he instantly, before I explained my object, and with apparent interest, spoke of our difficulties in the Northeast. I at once undeceived him, by stating that I had received no communications from my Government on that head, (owing, I suppose, to the delays of navigation,) and proceeded to state what I had in view. I endeavored to impress on him the importance of the subject, stating that one member of the confederacy, and the House of Representatives of the United States, had urged upon the Executive the necessity of making some arrangement by which facilities should be given to the losers of slaves, in regaining them. That the mischief was, by no means, confined to the numbers that escaped, but acted on, and much impaired the value of those who remained; the successful attempts at elopement constituting a strong allurement with all to abscond. Lord Aberdeen remarked, that similar complaints had been preferred by other Powers having West India possessions; that whilst he would be happy to grant the most substantial remedy, yet, in the present state of public feeling on this subject, which he said might properly be called a mania, the application of the remedy was an affair of some delicacy and difficulty; that the law of Parliament gave freedom to every slave who effected his landing on British ground. I remarked to his Lordship, that he was laboring, I thought, under a mistake, as this was the result of judicial decision, rather than of Parliamentary enactment. He insisted that there was a statutory provision to the effect spoken of, but added that Sir George Murray, the head of the Colonial Department, intended to bring the subject before Parliament, when, he hoped the evil complained of would be obviated, as he could not conceive that any people would wish to see their numbers increased by such subjects."
COMMISSARIAT
The engrossed bill to continue the present mode of supplying the Army of the United States, and for other purposes appertaining to the same, was called up, and re-committed to the Committee on Military Affairs.
DRAWBACK ON SUGAR REFINED
The bill increasing the amount of drawback on Sugars Refined within the United States, was next taken up--when,
Mr. Cambreleng, to remove all doubts as to the effect of the bills being confined exclusively to Sugars Refined from foreign materials, read a paragraph from the former bills passed in 1816 and 1818; but, lest any suspicion should remain, moved to amend the bill, by adding thereto the following proviso:
"Provided, That this act shall not alter or repeal any law, now in force, regulating the exportation of Sugar Refined in the United States, except to change the rate of drawback, when so exported."
Here ensued a debate of considerable length, which lasted till nearly four o'clock, and was interrupted only by an adjournment, without taking the question.
Tuesday, December 16, 1828.
IN SENATE.
Mr. Barnard presented the memorial of the American Convention for the abolition of Slavery within the U. S., recommending to Congress the abolition of Slavery in the District of Columbia; which, after a remark or two from Mr. Eaton and Mr. Barnard, was referred to the Committee on the Judiciary.
The following resolution was submitted by Mr. Kane; which lies on the table till to-morrow:
Resolved, That the Committee on Roads & Canals be instructed to inquire into the expediency of authorizing the issuing of certificates, receivable in payment for public lands in the State of Illinois, for the purpose of repairing and improving the road from Vincennes, in Indiana, to St. Louis, in Missouri.
Mr. Prince submitted the following resolution:
Resolved, That the Committee on Naval Affairs be instructed to inquire whether any, and what, further provisions by law may be necessary, in respect to the temporary disposal and support, the necessary expenses, and final removal, from the territory of the U. S., of any Africans that have been, or may hereafter be, landed in said territory.
The resolutions yesterday offered, by Mr. Chandler and Mr. Robbins, were severally taken up, considered and agreed to.
The following resolution, yesterday submitted by Mr. White, was taken up for consideration:
"Resolved, That the Committee on the Judiciary be instructed to inquire into the propriety and necessity of so amending the Judicial system of the U. S. as to place all the States in a similar situation; and furnish to the citizens of each an equal opportunity of having a due administration of justice."
Mr. White observed, that, in submitting this resolution for the consideration of the Senate, he had merely performed a duty imposed upon him by the Legislature of his own State. They had instructed him to keep the attention of Congress directed to the subject until not only Tennessee, but all the States were placed upon the same footing. In his State there were two classes of U. S. Courts, the District Court and the Circuit Court. He then went into a statement of the duties of the Courts, in the several States, and said that, in Tennessee, they had nominally the assistance of the Judge of the Supreme Court, but so much other business was there to be transacted, that the associate Judge of the Supreme Court could but seldom attend, and the assistance was but nominal; it was not in the power of the Judge to attend to his other duties, and regularly attend the Courts where he lived. The object of this resolution was to obtain for the subject the attention of the committee, to the end that they might propose some course by which, what was considered sufficient and proper for one State, should be conceded to all the 24 States. Three plans had been talked of for the purpose of obviating the difficulties under which some of the States now labored. Some had thought that the best course would be to increase the number of the Judges of the Supreme Court, so that they might be enabled to transact their business here, and have sufficient time to travel upon the Circuits. Others had thought it advisable to have the Circuits without the interference of the Supreme Court Judges, and had therefore proposed to lessen the number of those Judges, to take from their circuit duties, and let the District Courts discharge all those duties. Others had thought that it would be an improvement to have the Supreme Court located at one place, and if it was unsafe to have District Judges alone, to appoint Circuit Judges for their assistance. His object was to have the subject considered by the intelligent Committee, to leave it entirely to them, and for them to propose one of these courses if they believed it to be correct, or, if not, some other. His impression was, that, if the Circuit duties were taken altogether from the Judges of the Supreme Court, leaving that only an appellate Court, that the present number of Judges was larger than was necessary. There were now 7 of them. Since the last session of Congress their number had been decreased by the death of one of the Judges. If the number of Judges was ever to be lessened, it should be done at a time like the present, when there was not only no incumbent, but there had been no nomination made to fill the vacancy. No man, therefore, would be unfairly treated by being turned out of his office, and no man's feelings were interested in favor of any applicant. He hoped the resolution would be adopted, believing the present as favorable a time as could present itself to have a consideration of the whole subject. The committee would have it in their power to recommend any plan they should think proper, either one of those he had mentioned, or any other; and with this short explanation of the objects of the resolution, he left it.
The resolution was then agreed to.
Agreeably to notice yesterday given, Mr. Noble asked and obtained leave to introduce bills-- granting pensions to sundry Revolutionary and other Officers and soldiers, and for other purposes; and for the relief of sundry officers, soldiers, and widows; which were read the first time.
Mr. Noble, in introducing the first of these bills, made a few remarks to shew that no blame was imputable to the Chairman of the committee for their not passing thro' both Houses at the last session. The bills came to the Senate too late to allow a proper examination of the papers connected with the respective cases; and he would tell the Senate now, that in case these petitions, memorials, and bills, were not acted upon, he would not be held responsible for the delay. He said so now.
Mr. Benton, agreeably to notice yesterday given, asked and obtained leave to introduce a bill to encourage the discovery and working of certain Copper Mines supposed to lie on the South side of Lake Superior; which was read, and passed to a 2d reading.
The following joint resolution, yesterday introduced by Mr. Eaton, was taken up, read a second time, and considered as in Committee of the Whole:
"Resolved, &c. That, within thirty days before the adjournment of every Congress, each House shall proceed to vote for a Printer to execute its work for and during the succeeding Congress; and the person having a majority of all the votes given, shall be considered duly elected; and that so much of the resolution, approved the 3d of March, 1819, entitled "a resolution directing the manner in which the printing of Congress shall be executed, fixing the prices thereof, and providing for the appointment of a printer or printers," as is altered by this resolution, be, and the same is hereby rescinded."
Mr. Eaton moved to fill the blank with the word thirty; which was carried.
Mr. Knight then submitted the following, as an additional section:
"And it is further Resolved, That the Secretary of the Senate and the Clerk of the House of Representatives, at every Session of Congress, (including the present) when such printers are to be chosen, shall severally give notice, in three of the public papers printed in the City of Washington, six weeks in succession, for sealed proposals to be made to either of them of the terms for which the public printing will be performed for each House, for the succeeding Congress; and that such proposals shall be and remain unopened, until the last Monday in February following, when those made to the Secretary of the Senate shall be opened by the presiding officer, and in the presence of the Senate, and those made to the Clerk of the House shall be opened by the presiding officer, and in the presence of the House; and the election of Printers shall be made at such time thereafter as each House may think proper."
Mr. Knight said, the only object of this amendment was economy, as it was his impression that much more was paid for the printing than was necessary. They did not, by the adoption of this amendment, bind themselves to elect the person sending in the lowest proposals. He supposed it might be done for a much less sum than it was at present, and when they had before them the several propositions, they could elect whomsoever they please. It would also produce competition, the result of which would be a reduction in the prices. He was confident, that at least twenty-five per cent. more was paid than it could be done for, and equally well done. The same course, of advertising for the lowest proposals was pursued by all the departments, and as he believed that it would save a considerable sum, he hoped the course he proposed would be adopted.
Mr. Eaton hoped the amendment would not be adopted. When he was first in Congress, the system proposed by the gentleman from R. Island was the regular system pursued; but all who remembered the time he spoke of, and remembered the manner in which the work was done at that time, would oppose a return to the system. The work was miserably done, and the Secretary of the Senate was frequently obliged to apply to other than the regular printer to the body, to have the work done in season. The Senate ought not to ask any printer to do their work for less than it was worth. If too much was paid for it, let the sum be reduced, and if too little, let it be increased; but he was opposed to the plan of setting it up to the lowest bidder. He wished to have the journals and documents go down to posterity printed in a proper manner. The Senate perceiving the difficulties under which they labored, had, a few years since, referred the subject to Mr. Wilson, a member from New Jersey, who had been all his life a printer. He graduated the prices, and they had been the established prices ever since that time. The price of labor had not diminished in the country since that time; the price of paper and materials had not diminished, and he did not know that the work could be afforded any cheaper. Still he had no objection to an investigation of the subject, and to having the price lowered, if too much was now paid. Many men would be induced to do it for a very reduced price, and at no profit, for the sake of doing it, but he was in favor of having it done well. His proposition was a very simple one, merely having for its object the change in the mode of electing, so that a majority, instead of a plurality, should be necessary to the choice. This was a common course in elections, and in many States even the members of Congress were elected by majorities. This same proposition had been made two years ago, at which time the Senate were in favor of it. The object of it was, that no person could get the place, who was not the choice of the Senate. The result of the amendment would be, that five, six, or a dozen men, would come there with their propositions, the Senate would be bothered with them; it was putting the printing of the Senate up to the lowest bidder, and an individual, not the choice of the Senate, had an opportunity of being elected.
Mr. Knight thought the gentleman from Tennessee misconceived the object of his amendment. He only asked for that information which was necessary to aid him in the choice, and which those, who had not been in the Senate so long as the gentleman from Tennessee, were in want of. The same course had been adopted in the several Departments. No alteration was made in the original resolution, and it was merely an addition which did not interfere with it.
Mr. Eaton could see no object in applying to printers for their terms, unless the Senate were to be governed by those terms after they were received. He, therefore, moved that the whole should be laid upon the table, and the amendment be printed; which motion prevailed.
A message, of a confidential nature, having been received from the President of the United States--
On motion of Mr. White, the Senate went into the consideration of Executive business, and sat a short time with closed doors.
The bill for the purchase and distribution of Infantry Tactics, &c. was read a second time; but Mr. Chandler, the Chairman of the Committee on the Militia, not expecting the bill would be called up at this time, and being unprepared to act upon it at the present moment, moved an adjournment; which motion prevailed; and
The Senate adjourned.
HOUSE OF REPRESENTATIVES.
Mr. Burner, of New York appeared on Friday last, Mr. Wales, of Vermont, and Mr. Mitchell of South Carolina, appeared on Monday, and Mr. Williams of North Carolina appeared to-day.
The Speaker presented a memorial of Moritz Furst, an artist, who says that, at great labor and expense, he has completed dies for striking medallions of Gen. Jackson, and the battle of New Orleans, and praying Congress to purchase a large number of the same, which he promises to put at a very reasonable price. Referred to the Committee on Manufactures.
REVOLUTIONARIES
Mr. Mitchell, of Tennessee, from the Committee on Military Pensions, reported a bill to amend an act entitled "An act to provide for certain persons engaged in the land and naval service of the United States in the Revolutionary war, and of the several acts made in amendment thereof, and for other purposes." Twice read and committed.
OLD BALANCES.
The Speaker laid before the House a letter from the Comptroller of the Treasury accompanied by a list of Old Balances against Collectors of Customs and others taken from the book of the Register. Laid on the table.
On motion of Mr. Sprague, it was,
Resolved, That the Committee of Ways and Means be instructed to inquire into the expediency of repealing the tonnage duties upon ships and vessels of the United States.
On motion of Mr. Wright, of Ohio, it was
Resolved, That the Select Committee on the Publication of the Laws on Stereotype plates, be instructed to inquire into the expediency of directing the distribution of the Laws to the several States through the medium of the mail.
Mr. White moved the following resolution, which was read and laid on the table:
Resolved, That the Secretary of War be directed to communicate to this House any report made by the Agent of Indian Affairs in Florida, signifying the wish of the Indians to send a Deputation to examine the country West of the Mississippi.
INTERNAL IMPROVEMENTS.
Mr. Hall, of North Carolina, rose and said, that the resolutions which he was about to present had been suggested by a bill which he found on his table--the Cumberland Road bill, the provisions of which he believed contrary to the Constitution and the fundamental principles of our political institutions. It was not his purpose, himself, to go into a discussion of the abstract constitutional question. But if it should be thought proper by others, the resolutions might offer an option to the House in discussing the question separately from the bill. If this should not be done, Mr. H. said, the resolutions would yet serve him as a protest against the bill and its principles. Mr. H. then offered the following resolutions:
Resolved, &c. That the People of the United States, in the formation of their Governments, did not alienate their sovereignty.
Resolved, That the rights of jurisdiction and soil are the essential attributes of sovereignty.
Resolved, That the power to execute a system of Internal Improvements within the States, involves the right of jurisdiction and soil.
Resolved, That the power to make Roads and Canals within the jurisdictional limits of the States, and to make laws for their preservation and protection, and to erect toll-gates, and to enforce the collection of tolls, involves the right to execute a complete system of Internal Improvements.
Resolved, That Congress does not, under the Constitution, possess this power.
The resolutions were read, and ordered to lie upon the table.
On motion of Mr. O'Brien, it was
Resolved, That the Committee on Commerce be instructed to inquire into the expediency of requiring by law that the part or share of every owner of a ship or vessel above the burthen of twenty tons, belonging to citizens of the United States, shall be specified in the enrolment, or register of such vessels; and also, in the licence of vessels under twenty tons burthen.
Mr. Smith, of Indiana, moved the following resolution:
Resolved, That the Committee on Public Lands be instructed to inquire into the expediency of so amending the act of the last session of Congress, entitled "An act for the relief of the purchasers of Public Lands that have reverted for non-payment of the purchase money," as to authorize the Receivers of public monies to receive Certificates of forfeiture, issued under the provisions of that act, from any land office in the United States, in payment for any of the public lands now in market, or which may hereafter be in market, and also in discharge of any debt due the United States for public lands.
The resolution was ordered to lie upon the table:
On motion of Mr. Claiborne, it was
Resolved, That the Committee on the Post Office and Post Roads, be instructed to inquire into the expediency of establishing a mail road from Rocky Mount, Va. passing by Jonah Dickinson's, George Turner's, Jacob Pretzman's, on Smith's river, and the Gobling Town Iron works to Patrick Court House, in said State.
Mr. Hodges offered the following:
Resolved, That the Committee of Ways and Means be instructed to inquire into the expediency of reducing or repealing the duty on coffee.
The question was put to agree to this resolution, and passed in the negative.
The following resolution moved by Mr. Richardson on the 10th instant,
Resolved, That the Secretary of the Treasury be directed to lay before this House a statement of the amount of import duties on which, at the several custom houses of the United States, credit has been allowed during the eight years next preceding the 4th of March 1829, together with a statement of the effects of the credit allowed by Government:
First. On the Revenue;
Second. On the Navigation,
Third. On the Mercantile Interest;
Fourth. On the Manufacturing Interests of the United States:--
being under consideration, Mr. R. modified his resolution so as to read as follows:
"Resolved, That the Secretary of the Treasury be directed to lay before this House a statement of the amount annually received for duties on merchandise imported from the first of January, 1790, to first of January, 1828; of the annual amount of actual and probable losses sustained on bonds for duties on imported merchandise during the same term; of the amount of bonds outstanding on the first of January, 1828, and of the aggregate amount of actual and probable losses sustained in collecting the duties on merchandise imported from China."
As thus modified, the resolution was adopted.
On motion of Mr. C., it was
Resolved, That the Committee on Military Pensions be instructed to inquire into the expediency of reporting a bill to provide for granting pensions for life to the officers and soldiers of the revolutionary war not already provided for, where such officers and soldiers served either in the naval or regular continental military establishment, or as State troops in the flying camp, or as volunteers for a period of nine months, whether the service for that period was performed at any one continued time, or at different periods, making up such time; and when reduced circumstances would bring them within the provisions of the existing pension law.
Resolved further, That the same Committee be instructed to inquire into the expediency of granting pensions to officers and soldiers as above mentioned, who have served for a less period than nine months, fixing the rate of pension in proportion to the length of service so performed.
DRAWBACK ON REFINED SUGAR.
The bill increasing the amount of drawback on Sugars Refined within the United States, being the unfinished business of yesterday, again came up, and occupied the remainder of the day.
The bill was advocated by Messrs. Silas Wood, Weems, Cambreleng, and Taylor, and opposed by Messrs. Gilmer and McDuffie. The latter gentleman offered an amendment, which, in its original form, required the exporter of Refined Sugar to swear positively that it had not been made from domestic sugar--but which, at the suggestion of Mr. Cambreleng, was modified by the mover, so as to require the oath of the refiner instead of that of the exporter, to the same fact: but the amendment was lost--Ayes 80, Noes 90. When,
The bill was ordered to a third reading, by Yeas and Nays, as follows--Yeas 117, Nays 71.
So the bill was ordered to be engrossed for a third reading.
And then the House adjourned.
second session.
Monday, December 15, 1828.
IN SENATE.
Mr. Hayne presented the memorial of Mrs. Susan Decatur, which was referred to the Committee on Naval Affairs.
Mr. White submitted the following resolution; which lies on the table until to-morrow:
Resolved, That the Committee on the Judiciary be instructed to inquire into the propriety and necessity of so amending the Judicial System of the United States as to place all the States in a similar situation; and furnish to the citizens of each an equal opportunity of having a due administration of justice.
The following resolutions, offered on Thursday, by Mr. Woodbury were read a second time, and agreed to:
"Resolved, That the Committee on Finance be instructed to inquire into the expediency of reducing the duties imposed on imported Coffee and Teas."
"Resolved, That the same Committee be instructed to inquire into the expediency of allowing a drawback on the exportation of nails, spirits, and cordage, when manufactured here, from foreign materials."
Mr. Noble gave notice that he would, to-morrow, ask leave to introduce two bills--one for the relief of sundry officers, soldiers, and widows, and the other for the relief of sundry Revolutionary and other officers and soldiers, and for other purposes.
Agreeably to notice given, Mr. Eaton asked and obtained leave to introduce the following joint resolution, amendatory of the joint resolution of 3d March 1819; which was read the first time, and passed to a second reading:
"Resolved, &c. That, within thirty days before the adjournment of every Congress, each House shall proceed to vote for a Printer to execute its work for and during the succeeding Congress; and the person having a majority of all the votes given, shall be considered duly elected; and that so much of the Resolution, approved the 3d of March 1819, entitled "a resolution directing the manner in which the printing of Congress shall be executed, fixing the prices thereof, and providing for the appointment of a printer or printers," as is altered by this resolution, be, and the same is hereby rescinded."
In offering this resolution, Mr. E. said, that he might as well declare his object in doing so at this time as at any other. It would be recollected that, at the last Congress, a gentleman from Delaware, (Mr. Clayton) had submitted a resolution, to change the mode of electing a public printer, by requiring a majority of votes to elect, instead of a plurality, as prescribed in the joint resolution of 1819. It was at that time maintained, that, as it was a joint resolution of the two Houses which prescribed that a plurality of votes should elect, the Senate was incompetent, of itself, to change the mode. The amendment now submitted by Mr. E. observed, was intended to do that directly and by law, which had been attempted to be done by the vote of one House of Congress only.
The Chair having declared that there was no further business before the Senate,
On motion, the Senate adjourned.
HOUSE OF REPRESENTATIVES.
The petitions presented this day were very numerous--among them were a number for imposing duties on sales at Auction. One presented by Mr. Cambreleng, from New-York, with seven thousand six hundred subscribers: one from Northampton, in Massachusetts, presented by Mr. Bates; one from Norwich, in Connecticut, presented by Mr. Barber; one from Buffalo, presented by Mr. Garnsey; one from Lynchburg, in Virginia, presented by Mr. Davenport.
Mr. P. P. Barbour, from the Committee on the Judiciary, made unfavorable reports on the memorials of the members of the Bar at Wythe Court House, in Virginia; of John Hawkins, Executor of James Linsey.
The reports were read and laid on the table.
On motion of Mr. Drayton, it was
Resolved, That the Committee on Naval Affairs be instructed to inquire into the expediency of authorizing the Secretary of the Navy, upon just and equitable principles, to settle the accounts, and to allow the claims, of Navy Agents and other disbursing officers in his Department, founded upon the depreciation of Treasury notes, placed in their hands as available funds, and which they were under the necessity of selling, or negotiating at a discount, in order to meet the exigencies of Government.
Mr. Whittlesey moved the following resolution, which was read and laid on the table, under the rule:
Resolved, That the Secretary of War report to this House his proceedings, if any have been had, under the 4th section of the act entitled "An act for the relief of Nimrod Farrow and Richard Harris," passed 3d of March, 1825, and if any money has been paid by virtue of said fourth section, that he report the evidence on which the allowance was made.
On motion of Mr. Sergeant, it was
Resolved, That a committee be appointed to inquire into the expediency of making further provision for the support and extension of the Mint establishment.
OLD BALANCES.
The Speaker laid before the House a letter from the First Comptroller of the Treasury, transmitting the list of Balances, with the names of Defaulters standing on the Books of the Third Auditor of the Treasury.
Laid on the table, and to be printed.
FUGITIVE SLAVES
The following Message, in writing, was received from the President of the United States; which was read, and laid on the table:
To the House of Representatives of the United States.
WASHINGTON, 15th Dec. 1828
In compliance with the Resolution of the House of Representatives, of the 8th instant, referring to a Negotiation with the British Government, by virtue of a Resolution of the House of 10th May last, relative to the surrender of fugitive slaves, I transmit herewith a Report from the Secretary of State, with copies of instructions and correspondence, containing the desired information.
J. Q. ADAMS
DEPARTMENT OF STATE.
Washington, 6th December, 1828
The Secretary of State, to whom has been referred the Resolution of the House of Representatives, of the 8th instant, requesting the President "to inform that House whether, by virtue of a resolution passed on the 10th day of May last, he has entered into any, and, if any, what, negotiation with the British Government relative to the surrender of Fugitive Slaves who may have taken refuge within the Canadian Provinces belonging to said Government," has the honor to report to the President, that, presuming it will be satisfactory to the House to be informed of the instructions which were given to the late Minister of the United States at the Court of St. James, on the subject matter of the resolution, and of the result of the negotiation which was opened in consequence of them, extracts are, herewith, submitted from instruction given to Mr. Gallatin, on the 19th of June, 1826, and the 21st of February, 1827, and a copy of a letter addressed to him on the 24th of May, 1827, together with extracts from the despatches of Mr. Gallatin, under date of the 21st of December, 1826, the 5th of July, 1827, and the 26th of September, 1827.
The Secretary of State has, also, the honor to report, that, in pursuance of the resolution of the House of Representatives of the 10th of May last, an instruction was given on the 13th of June last, to Mr. Barbour, a copy of which is now laid before the President, together with a copy of the only communication which has been yet received from him on that subject.
H. CLAY.
Extract from instructions of the Department of State to Mr. Gallatin, Envoy Extraordinary and Minister Plenipotentiary to Great Britain, dated June 19, 1826.
"You are, accordingly, authorized and instructed to propose a stipulation--
1st. For the mutual surrender of deserters from the Military and Naval service, and from the Merchant service of the two countries. Persons who have been naturalized by the laws of either party, must be excepted from the operation of the article. The sixth article of our Convention with France, of 1822, will furnish suggestions for the preparation of an article on this subject.
And secondly--A mutual surrender of all persons held to service or labor under the laws of one party, who escape into the Territories of the other. Our object in this stipulation is, to provide for a growing evil which has produced some, and, if it be not shortly checked, is likely to produce much more irritation. Persons of the above description escape, principally from Virginia and Kentucky, into Upper Canada, whither they are pursued, by those who are lawfully entitled to their labor, and, as there is no existing regulation by which they can be surrendered, the attempt to recapture them, leads to disagreeable collisions. In proportion as they are successful in their retreat to Canada, will the number of fugitives increase, and the causes of collision multiply. They are, generally, the most worthless of their class, and far, therefore, from being an acquisition which the British Government can be anxious to make, the sooner, we should think, they are gotten rid of, the better for Canada. It may be asked, why, if they are so worthless, are we desirous of getting them back? The motive is to be found in the particular interest which those have who are entitled to their service, and the desire which is generally felt to prevent the example of the fugitives becoming contagious. If it be urged that Great Britain would make, in agreeing to the proposed stipulation, a concession without an equivalent, there being no corresponding class of persons in her North American Continental Dominions, you will reply:
1st. That there is a similar class in the British West Indies: and, although the instances are not numerous, some have occurred of their escape, or being brought, contrary to law, into the United States.
2dly. That Great Britain would probably obtain an advantage over us in the reciprocal restoration of military and maritime deserters, which would compensate any that we might secure over her in the practical operation of an article for the mutual delivery of fugitives from labor; and
3dly. At all events, the disposition to cultivate good neighborhood, which such an article would imply, could not fail to find a compensation in that, or in some other way, in the already immense, and still increasing intercourse between the two countries. The States of Virginia and Kentucky are particularly anxious on this subject. The General Assembly of the latter has repeatedly invoked the interposition of the Government of the United States with Great Britain. You will, therefore, press the matter, whilst there exists any prospect of your obtaining satisfactory arrangement of it. Perhaps the British Government, whilst they refuse to come under any obligation by treaty, might be, at the same time, willing to give directions to the colonial authorities to afford facilities for the recovery of fugitives from labor, or, if they should not be disposed to disturb such as have, heretofore, taken refuge in Upper Canada, (few, if any, are believed to find their way into the Lower Province,) they might be willing to interdict the entry of any others in future. Any such regulations would have a favorable tendency, and are, therefore, desirable, if nothing more effectual can be obtained."
Mr. Gallatin to Mr. Clay.
December 21, 1826.
EXTRACT.
"From what fell in conversation, I had an opportunity to state what I was instructed to ask respecting the surrender of runaway slaves. That they were no acquisition to Canada, was acknowledged, and no objection was made to the principle; but several were suggested by Mr. Huskisson, arising from the difficulties thrown in the way of every thing of that kind by the Courts, and by the Abolition British Associations."
Mr. Clay to Mr. Gallatin.
February 24, 1827.
EXTRACT.
"The General Assembly of Kentucky, one of the States which is most affected by the escape of slaves into Upper Canada, has again, at their Session which has just terminated, invoked the interposition of the General Government. In the Treaty which has been recently concluded with the United Mexican States, and which is now under the consideration of the Senate, provision is made for the restoration of fugitive slaves. As it appears from your statement of what passed on that subject, with the British Plenipotentiaries, that they admitted the correctness of the principle of restoration, it is hoped that you will be able to succeed in making a satisfactory arrangement."
Mr. Clay to Mr. Gallatin.
Department of State,
Washington, 24th May, 1827.
ALBERT GALLATIN, &c. &c. &c.
Sir: I herewith transmit to you a copy of certain resolutions, adopted in the commencement of the present year, by the General Assembly of Kentucky, in respect to fugitive slaves, who make their escape from their proprietors in that State, and take refuge in Canada; and submitting to the President the propriety of opening a negotiation with the British Government, to provide an adequate remedy for the evil. Already charged with such a negotiation, these resolutions are forwarded, that you may, in the course of conducting it, make such use of them as may appear best adapted to the accomplishment of their object.
I am, respectfully, your ob't serv't,
H. CLAY.
Mr. Gallatin to Mr. Clay.
July 5, 1827.
EXTRACT.
"Mr. Addington says that he does not know who is contemplated to succeed Mr. Huskisson in the negotiation. He told me, that, on one point, Government had come to a conclusion. It was utterly impossible for them to agree to a stipulation for the surrender of fugitive slaves."
Mr. Gallatin to Mr. Clay, dated Sept. 26, 1827
EXTRACT.
"At my last conference, which took place yesterday, the British Plenipotentiaries took up the subject of the Nine Articles. They reiterated the declaration which they had already intimated, that their Government would not accede to the proposal of a mutual surrender of fugitive slaves taking refuge in any part of America, within the dominions of the other party. When the proposal was first mentioned, I had thought, perhaps erroneously, that it was not unfavorably received, and that the objections applied only to the mode of execution. The reason alleged for refusing to accede to a provision of that kind, is, that they cannot, with respect to the British possessions, where slavery is not admitted, depart from the principle recognised by the British Courts, that every man is free who reaches British ground. I do not believe that there has been any decision extending that principle to Canada, and other provinces on the Continent of North America; and I do not know whether the fact is strictly correct that slavery is forbidden in Canada. But it has been intimated to me, informally, that such was the state of public opinion here on that subject, that no Administration could, or would, admit in a treaty, a stipulation such as was asked for. No specific reason has been entered on the protocol by the British Plenipotentiaries."
Mr. Clay to Mr. Barbour
June 13, 1828.
EXTRACT.
"I transmit, herewith, a copy of a resolution of the House of Representatives, requesting the President to open a negotiation with the British Government, for the recovery of Fugitive Slaves who make their escape from the United States into Canada. On that subject, Mr. Gallatin found, in his conferences with the British Ministers, that they were unwilling to treat. You will ascertain if the same indisposition continues to exist. The evil is a growing one, and is well calculated to disturb the good neighborhood which we are desirous of cultivating with the adjacent British Provinces. It is almost impossible for the two Governments, however well disposed, to restrain individual excesses and collisions which will arise out of the pursuit of property on the one side, and the defence on the other, of those who have found an asylum. You will find in the instructions to Mr. Gallatin, of the 19th of June, 1826, and of the 24th February, and 24th of May, 1827, all that was communicated to him on this subject, from the Department. And if you ascertain that the British Government is in a favorable disposition, you are authorized to renew the proposal which he was instructed to make, embracing Fugitive Slaves and Deserters from the military, naval, and merchant service of the two countries."
Mr. Barbour to Mr. Clay.
October 2, 1828.
EXTRACT.
"In this conference I opened the subject of slaves taking refuge in the British North American possessions, by representing that our conteminous possessions had been attended with the usual border inconveniences, alluding to the cases of refugees from justice, deserters, and persons held to service; in other words, runaway slaves. When I mentioned the border inconveniences, he instantly, before I explained my object, and with apparent interest, spoke of our difficulties in the Northeast. I at once undeceived him, by stating that I had received no communications from my Government on that head, (owing, I suppose, to the delays of navigation,) and proceeded to state what I had in view. I endeavored to impress on him the importance of the subject, stating that one member of the confederacy, and the House of Representatives of the United States, had urged upon the Executive the necessity of making some arrangement by which facilities should be given to the losers of slaves, in regaining them. That the mischief was, by no means, confined to the numbers that escaped, but acted on, and much impaired the value of those who remained; the successful attempts at elopement constituting a strong allurement with all to abscond. Lord Aberdeen remarked, that similar complaints had been preferred by other Powers having West India possessions; that whilst he would be happy to grant the most substantial remedy, yet, in the present state of public feeling on this subject, which he said might properly be called a mania, the application of the remedy was an affair of some delicacy and difficulty; that the law of Parliament gave freedom to every slave who effected his landing on British ground. I remarked to his Lordship, that he was laboring, I thought, under a mistake, as this was the result of judicial decision, rather than of Parliamentary enactment. He insisted that there was a statutory provision to the effect spoken of, but added that Sir George Murray, the head of the Colonial Department, intended to bring the subject before Parliament, when, he hoped the evil complained of would be obviated, as he could not conceive that any people would wish to see their numbers increased by such subjects."
COMMISSARIAT
The engrossed bill to continue the present mode of supplying the Army of the United States, and for other purposes appertaining to the same, was called up, and re-committed to the Committee on Military Affairs.
DRAWBACK ON SUGAR REFINED
The bill increasing the amount of drawback on Sugars Refined within the United States, was next taken up--when,
Mr. Cambreleng, to remove all doubts as to the effect of the bills being confined exclusively to Sugars Refined from foreign materials, read a paragraph from the former bills passed in 1816 and 1818; but, lest any suspicion should remain, moved to amend the bill, by adding thereto the following proviso:
"Provided, That this act shall not alter or repeal any law, now in force, regulating the exportation of Sugar Refined in the United States, except to change the rate of drawback, when so exported."
Here ensued a debate of considerable length, which lasted till nearly four o'clock, and was interrupted only by an adjournment, without taking the question.
Tuesday, December 16, 1828.
IN SENATE.
Mr. Barnard presented the memorial of the American Convention for the abolition of Slavery within the U. S., recommending to Congress the abolition of Slavery in the District of Columbia; which, after a remark or two from Mr. Eaton and Mr. Barnard, was referred to the Committee on the Judiciary.
The following resolution was submitted by Mr. Kane; which lies on the table till to-morrow:
Resolved, That the Committee on Roads & Canals be instructed to inquire into the expediency of authorizing the issuing of certificates, receivable in payment for public lands in the State of Illinois, for the purpose of repairing and improving the road from Vincennes, in Indiana, to St. Louis, in Missouri.
Mr. Prince submitted the following resolution:
Resolved, That the Committee on Naval Affairs be instructed to inquire whether any, and what, further provisions by law may be necessary, in respect to the temporary disposal and support, the necessary expenses, and final removal, from the territory of the U. S., of any Africans that have been, or may hereafter be, landed in said territory.
The resolutions yesterday offered, by Mr. Chandler and Mr. Robbins, were severally taken up, considered and agreed to.
The following resolution, yesterday submitted by Mr. White, was taken up for consideration:
"Resolved, That the Committee on the Judiciary be instructed to inquire into the propriety and necessity of so amending the Judicial system of the U. S. as to place all the States in a similar situation; and furnish to the citizens of each an equal opportunity of having a due administration of justice."
Mr. White observed, that, in submitting this resolution for the consideration of the Senate, he had merely performed a duty imposed upon him by the Legislature of his own State. They had instructed him to keep the attention of Congress directed to the subject until not only Tennessee, but all the States were placed upon the same footing. In his State there were two classes of U. S. Courts, the District Court and the Circuit Court. He then went into a statement of the duties of the Courts, in the several States, and said that, in Tennessee, they had nominally the assistance of the Judge of the Supreme Court, but so much other business was there to be transacted, that the associate Judge of the Supreme Court could but seldom attend, and the assistance was but nominal; it was not in the power of the Judge to attend to his other duties, and regularly attend the Courts where he lived. The object of this resolution was to obtain for the subject the attention of the committee, to the end that they might propose some course by which, what was considered sufficient and proper for one State, should be conceded to all the 24 States. Three plans had been talked of for the purpose of obviating the difficulties under which some of the States now labored. Some had thought that the best course would be to increase the number of the Judges of the Supreme Court, so that they might be enabled to transact their business here, and have sufficient time to travel upon the Circuits. Others had thought it advisable to have the Circuits without the interference of the Supreme Court Judges, and had therefore proposed to lessen the number of those Judges, to take from their circuit duties, and let the District Courts discharge all those duties. Others had thought that it would be an improvement to have the Supreme Court located at one place, and if it was unsafe to have District Judges alone, to appoint Circuit Judges for their assistance. His object was to have the subject considered by the intelligent Committee, to leave it entirely to them, and for them to propose one of these courses if they believed it to be correct, or, if not, some other. His impression was, that, if the Circuit duties were taken altogether from the Judges of the Supreme Court, leaving that only an appellate Court, that the present number of Judges was larger than was necessary. There were now 7 of them. Since the last session of Congress their number had been decreased by the death of one of the Judges. If the number of Judges was ever to be lessened, it should be done at a time like the present, when there was not only no incumbent, but there had been no nomination made to fill the vacancy. No man, therefore, would be unfairly treated by being turned out of his office, and no man's feelings were interested in favor of any applicant. He hoped the resolution would be adopted, believing the present as favorable a time as could present itself to have a consideration of the whole subject. The committee would have it in their power to recommend any plan they should think proper, either one of those he had mentioned, or any other; and with this short explanation of the objects of the resolution, he left it.
The resolution was then agreed to.
Agreeably to notice yesterday given, Mr. Noble asked and obtained leave to introduce bills-- granting pensions to sundry Revolutionary and other Officers and soldiers, and for other purposes; and for the relief of sundry officers, soldiers, and widows; which were read the first time.
Mr. Noble, in introducing the first of these bills, made a few remarks to shew that no blame was imputable to the Chairman of the committee for their not passing thro' both Houses at the last session. The bills came to the Senate too late to allow a proper examination of the papers connected with the respective cases; and he would tell the Senate now, that in case these petitions, memorials, and bills, were not acted upon, he would not be held responsible for the delay. He said so now.
Mr. Benton, agreeably to notice yesterday given, asked and obtained leave to introduce a bill to encourage the discovery and working of certain Copper Mines supposed to lie on the South side of Lake Superior; which was read, and passed to a 2d reading.
The following joint resolution, yesterday introduced by Mr. Eaton, was taken up, read a second time, and considered as in Committee of the Whole:
"Resolved, &c. That, within thirty days before the adjournment of every Congress, each House shall proceed to vote for a Printer to execute its work for and during the succeeding Congress; and the person having a majority of all the votes given, shall be considered duly elected; and that so much of the resolution, approved the 3d of March, 1819, entitled "a resolution directing the manner in which the printing of Congress shall be executed, fixing the prices thereof, and providing for the appointment of a printer or printers," as is altered by this resolution, be, and the same is hereby rescinded."
Mr. Eaton moved to fill the blank with the word thirty; which was carried.
Mr. Knight then submitted the following, as an additional section:
"And it is further Resolved, That the Secretary of the Senate and the Clerk of the House of Representatives, at every Session of Congress, (including the present) when such printers are to be chosen, shall severally give notice, in three of the public papers printed in the City of Washington, six weeks in succession, for sealed proposals to be made to either of them of the terms for which the public printing will be performed for each House, for the succeeding Congress; and that such proposals shall be and remain unopened, until the last Monday in February following, when those made to the Secretary of the Senate shall be opened by the presiding officer, and in the presence of the Senate, and those made to the Clerk of the House shall be opened by the presiding officer, and in the presence of the House; and the election of Printers shall be made at such time thereafter as each House may think proper."
Mr. Knight said, the only object of this amendment was economy, as it was his impression that much more was paid for the printing than was necessary. They did not, by the adoption of this amendment, bind themselves to elect the person sending in the lowest proposals. He supposed it might be done for a much less sum than it was at present, and when they had before them the several propositions, they could elect whomsoever they please. It would also produce competition, the result of which would be a reduction in the prices. He was confident, that at least twenty-five per cent. more was paid than it could be done for, and equally well done. The same course, of advertising for the lowest proposals was pursued by all the departments, and as he believed that it would save a considerable sum, he hoped the course he proposed would be adopted.
Mr. Eaton hoped the amendment would not be adopted. When he was first in Congress, the system proposed by the gentleman from R. Island was the regular system pursued; but all who remembered the time he spoke of, and remembered the manner in which the work was done at that time, would oppose a return to the system. The work was miserably done, and the Secretary of the Senate was frequently obliged to apply to other than the regular printer to the body, to have the work done in season. The Senate ought not to ask any printer to do their work for less than it was worth. If too much was paid for it, let the sum be reduced, and if too little, let it be increased; but he was opposed to the plan of setting it up to the lowest bidder. He wished to have the journals and documents go down to posterity printed in a proper manner. The Senate perceiving the difficulties under which they labored, had, a few years since, referred the subject to Mr. Wilson, a member from New Jersey, who had been all his life a printer. He graduated the prices, and they had been the established prices ever since that time. The price of labor had not diminished in the country since that time; the price of paper and materials had not diminished, and he did not know that the work could be afforded any cheaper. Still he had no objection to an investigation of the subject, and to having the price lowered, if too much was now paid. Many men would be induced to do it for a very reduced price, and at no profit, for the sake of doing it, but he was in favor of having it done well. His proposition was a very simple one, merely having for its object the change in the mode of electing, so that a majority, instead of a plurality, should be necessary to the choice. This was a common course in elections, and in many States even the members of Congress were elected by majorities. This same proposition had been made two years ago, at which time the Senate were in favor of it. The object of it was, that no person could get the place, who was not the choice of the Senate. The result of the amendment would be, that five, six, or a dozen men, would come there with their propositions, the Senate would be bothered with them; it was putting the printing of the Senate up to the lowest bidder, and an individual, not the choice of the Senate, had an opportunity of being elected.
Mr. Knight thought the gentleman from Tennessee misconceived the object of his amendment. He only asked for that information which was necessary to aid him in the choice, and which those, who had not been in the Senate so long as the gentleman from Tennessee, were in want of. The same course had been adopted in the several Departments. No alteration was made in the original resolution, and it was merely an addition which did not interfere with it.
Mr. Eaton could see no object in applying to printers for their terms, unless the Senate were to be governed by those terms after they were received. He, therefore, moved that the whole should be laid upon the table, and the amendment be printed; which motion prevailed.
A message, of a confidential nature, having been received from the President of the United States--
On motion of Mr. White, the Senate went into the consideration of Executive business, and sat a short time with closed doors.
The bill for the purchase and distribution of Infantry Tactics, &c. was read a second time; but Mr. Chandler, the Chairman of the Committee on the Militia, not expecting the bill would be called up at this time, and being unprepared to act upon it at the present moment, moved an adjournment; which motion prevailed; and
The Senate adjourned.
HOUSE OF REPRESENTATIVES.
Mr. Burner, of New York appeared on Friday last, Mr. Wales, of Vermont, and Mr. Mitchell of South Carolina, appeared on Monday, and Mr. Williams of North Carolina appeared to-day.
The Speaker presented a memorial of Moritz Furst, an artist, who says that, at great labor and expense, he has completed dies for striking medallions of Gen. Jackson, and the battle of New Orleans, and praying Congress to purchase a large number of the same, which he promises to put at a very reasonable price. Referred to the Committee on Manufactures.
REVOLUTIONARIES
Mr. Mitchell, of Tennessee, from the Committee on Military Pensions, reported a bill to amend an act entitled "An act to provide for certain persons engaged in the land and naval service of the United States in the Revolutionary war, and of the several acts made in amendment thereof, and for other purposes." Twice read and committed.
OLD BALANCES.
The Speaker laid before the House a letter from the Comptroller of the Treasury accompanied by a list of Old Balances against Collectors of Customs and others taken from the book of the Register. Laid on the table.
On motion of Mr. Sprague, it was,
Resolved, That the Committee of Ways and Means be instructed to inquire into the expediency of repealing the tonnage duties upon ships and vessels of the United States.
On motion of Mr. Wright, of Ohio, it was
Resolved, That the Select Committee on the Publication of the Laws on Stereotype plates, be instructed to inquire into the expediency of directing the distribution of the Laws to the several States through the medium of the mail.
Mr. White moved the following resolution, which was read and laid on the table:
Resolved, That the Secretary of War be directed to communicate to this House any report made by the Agent of Indian Affairs in Florida, signifying the wish of the Indians to send a Deputation to examine the country West of the Mississippi.
INTERNAL IMPROVEMENTS.
Mr. Hall, of North Carolina, rose and said, that the resolutions which he was about to present had been suggested by a bill which he found on his table--the Cumberland Road bill, the provisions of which he believed contrary to the Constitution and the fundamental principles of our political institutions. It was not his purpose, himself, to go into a discussion of the abstract constitutional question. But if it should be thought proper by others, the resolutions might offer an option to the House in discussing the question separately from the bill. If this should not be done, Mr. H. said, the resolutions would yet serve him as a protest against the bill and its principles. Mr. H. then offered the following resolutions:
Resolved, &c. That the People of the United States, in the formation of their Governments, did not alienate their sovereignty.
Resolved, That the rights of jurisdiction and soil are the essential attributes of sovereignty.
Resolved, That the power to execute a system of Internal Improvements within the States, involves the right of jurisdiction and soil.
Resolved, That the power to make Roads and Canals within the jurisdictional limits of the States, and to make laws for their preservation and protection, and to erect toll-gates, and to enforce the collection of tolls, involves the right to execute a complete system of Internal Improvements.
Resolved, That Congress does not, under the Constitution, possess this power.
The resolutions were read, and ordered to lie upon the table.
On motion of Mr. O'Brien, it was
Resolved, That the Committee on Commerce be instructed to inquire into the expediency of requiring by law that the part or share of every owner of a ship or vessel above the burthen of twenty tons, belonging to citizens of the United States, shall be specified in the enrolment, or register of such vessels; and also, in the licence of vessels under twenty tons burthen.
Mr. Smith, of Indiana, moved the following resolution:
Resolved, That the Committee on Public Lands be instructed to inquire into the expediency of so amending the act of the last session of Congress, entitled "An act for the relief of the purchasers of Public Lands that have reverted for non-payment of the purchase money," as to authorize the Receivers of public monies to receive Certificates of forfeiture, issued under the provisions of that act, from any land office in the United States, in payment for any of the public lands now in market, or which may hereafter be in market, and also in discharge of any debt due the United States for public lands.
The resolution was ordered to lie upon the table:
On motion of Mr. Claiborne, it was
Resolved, That the Committee on the Post Office and Post Roads, be instructed to inquire into the expediency of establishing a mail road from Rocky Mount, Va. passing by Jonah Dickinson's, George Turner's, Jacob Pretzman's, on Smith's river, and the Gobling Town Iron works to Patrick Court House, in said State.
Mr. Hodges offered the following:
Resolved, That the Committee of Ways and Means be instructed to inquire into the expediency of reducing or repealing the duty on coffee.
The question was put to agree to this resolution, and passed in the negative.
The following resolution moved by Mr. Richardson on the 10th instant,
Resolved, That the Secretary of the Treasury be directed to lay before this House a statement of the amount of import duties on which, at the several custom houses of the United States, credit has been allowed during the eight years next preceding the 4th of March 1829, together with a statement of the effects of the credit allowed by Government:
First. On the Revenue;
Second. On the Navigation,
Third. On the Mercantile Interest;
Fourth. On the Manufacturing Interests of the United States:--
being under consideration, Mr. R. modified his resolution so as to read as follows:
"Resolved, That the Secretary of the Treasury be directed to lay before this House a statement of the amount annually received for duties on merchandise imported from the first of January, 1790, to first of January, 1828; of the annual amount of actual and probable losses sustained on bonds for duties on imported merchandise during the same term; of the amount of bonds outstanding on the first of January, 1828, and of the aggregate amount of actual and probable losses sustained in collecting the duties on merchandise imported from China."
As thus modified, the resolution was adopted.
On motion of Mr. C., it was
Resolved, That the Committee on Military Pensions be instructed to inquire into the expediency of reporting a bill to provide for granting pensions for life to the officers and soldiers of the revolutionary war not already provided for, where such officers and soldiers served either in the naval or regular continental military establishment, or as State troops in the flying camp, or as volunteers for a period of nine months, whether the service for that period was performed at any one continued time, or at different periods, making up such time; and when reduced circumstances would bring them within the provisions of the existing pension law.
Resolved further, That the same Committee be instructed to inquire into the expediency of granting pensions to officers and soldiers as above mentioned, who have served for a less period than nine months, fixing the rate of pension in proportion to the length of service so performed.
DRAWBACK ON REFINED SUGAR.
The bill increasing the amount of drawback on Sugars Refined within the United States, being the unfinished business of yesterday, again came up, and occupied the remainder of the day.
The bill was advocated by Messrs. Silas Wood, Weems, Cambreleng, and Taylor, and opposed by Messrs. Gilmer and McDuffie. The latter gentleman offered an amendment, which, in its original form, required the exporter of Refined Sugar to swear positively that it had not been made from domestic sugar--but which, at the suggestion of Mr. Cambreleng, was modified by the mover, so as to require the oath of the refiner instead of that of the exporter, to the same fact: but the amendment was lost--Ayes 80, Noes 90. When,
The bill was ordered to a third reading, by Yeas and Nays, as follows--Yeas 117, Nays 71.
So the bill was ordered to be engrossed for a third reading.
And then the House adjourned.
What sub-type of article is it?
Politics
What keywords are associated?
Congressional Proceedings
Senate Resolutions
House Petitions
Fugitive Slaves
British Negotiations
Judicial System
Naval Affairs
Public Printing
Sugar Drawback
Internal Improvements
What entities or persons were involved?
Mr. Hayne
Mrs. Susan Decatur
Mr. White
Mr. Woodbury
Mr. Noble
Mr. Eaton
Mr. Clayton
Mr. Cambreleng
Mr. P. P. Barbour
Mr. Drayton
Mr. Whittlesey
Mr. Sergeant
J. Q. Adams
H. Clay
Mr. Gallatin
Mr. Barbour
Lord Aberdeen
Mr. Barnard
Mr. Kane
Mr. Prince
Mr. Chandler
Mr. Robbins
Mr. Knight
Mr. Benton
Mr. Mitchell
Mr. Burner
Mr. Wales
Mr. Williams
Mr. Hall
Mr. O'brien
Mr. Smith
Mr. Claiborne
Mr. Hodges
Mr. Richardson
Mr. Silas Wood
Mr. Weems
Mr. Taylor
Mr. Gilmer
Mr. Mcduffie
Where did it happen?
Washington
Domestic News Details
Primary Location
Washington
Event Date
December 15 16, 1828
Key Persons
Mr. Hayne
Mrs. Susan Decatur
Mr. White
Mr. Woodbury
Mr. Noble
Mr. Eaton
Mr. Clayton
Mr. Cambreleng
Mr. P. P. Barbour
Mr. Drayton
Mr. Whittlesey
Mr. Sergeant
J. Q. Adams
H. Clay
Mr. Gallatin
Mr. Barbour
Lord Aberdeen
Mr. Barnard
Mr. Kane
Mr. Prince
Mr. Chandler
Mr. Robbins
Mr. Knight
Mr. Benton
Mr. Mitchell
Mr. Burner
Mr. Wales
Mr. Williams
Mr. Hall
Mr. O'brien
Mr. Smith
Mr. Claiborne
Mr. Hodges
Mr. Richardson
Mr. Silas Wood
Mr. Weems
Mr. Taylor
Mr. Gilmer
Mr. Mcduffie
Outcome
various resolutions agreed to or laid on table; bills introduced and read; presidential message transmitted with reports on fugitive slave negotiations, which failed due to british opposition; drawback bill on refined sugar advanced to third reading by 117-71 vote.
Event Details
Senate and House sessions included presentation of memorials (e.g., Mrs. Susan Decatur's to Naval Affairs Committee), resolutions on judicial amendments, duty reductions on coffee/teas, drawbacks on exports, navy agent claims, mint support, and electing congressional printer by majority vote. House received numerous petitions on auction duties, unfavorable reports on memorials, and a presidential message with State Department correspondence detailing unsuccessful U.S. negotiations with Britain (1826-1828) for mutual surrender of fugitive slaves and deserters, opposed by British courts and public opinion. Additional items: pensions for revolutionary soldiers, internal improvements debate, and sugar drawback bill debate.