The Hillsborough Recorder

CONGRESS.
HOUSE OF REPRESENTATIVES.
Monday, January 13.
This being the day in the week for the presentation of petitions—a number of petitions, about seventy, were presented and appropriately referred.
Mr. John Speed Smith of Ky. from a select committee, appointed on the subject, reported a bill to abolish imprisonment for debt; which bill was twice read and committed.
Mr. Walworth, of New York, rose and said it had become his unpleasant duty to inform the house, and particularly his worthy friend from Kentucky, who a few days since moved a resolution on the subject, (to whom Mr. W. took this opportunity to tender the thanks of the friends of the deceased) that it was no longer in their power to render a tribute of gratitude to the memory of the gallant Allen, by providing for the necessities of his bereaved mother. Mrs. Allen's health, said Mr. Walworth, had long been impaired, and she was unable to sustain the shock, produced by the sudden and tragical death of her brave son, who was the hope of her old age, and on whose filial piety she depended for the support of her declining years. Her heart, said Mr. W. has been broken, by this cruel stroke of adversity, and her spirit has, taken its departure to meet its kindred spirit in another and a better world. But said Mr. W. although we have thus been deprived of the power of making provision for the support of the mother, whose welfare occupied his latest thoughts, there is one still left who has a right to our protecting care. And said Mr. W. I hope and trust the sister, whose desolate situation gave an additional pang to the heart of the dying hero; that she, who has thus been deprived not only of the support of a kind and worthy brother, but also of the guardian care of a pious and affectionate parent; that she, who has now a double claim to our protection and to our sympathy, may receive that bounty which congress intended to bestow upon the mother, who is now removed beyond the reach of a nation's gratitude. Mr. W. concluded by moving a recommittal of the bill, for the relief of the mother and sister of lieutenant Allen, to the naval committee, that it might receive such amendments as present circumstances had rendered necessary. Which was agreed to.
The house then took up the bill making provision for the occupation of the mouth of Columbia river. when Mr. Colden proposed an amendment, which was negatived, 54 to 48.
Mr. Hallary then moved an amendment; which, after being read, was ordered, with the bill, to lie on the table.
The speaker communicated a letter from the secretary of the navy, accompanied by an exhibit showing the number of officers of each grade necessary to command the vessels of the navy; which was referred to the committee on naval affairs.
And the house adjourned, after 4 o'clock.
Tuesday, January 14.
On motion of Mr. Conner, it was Resolved, That the committee on the post office and post roads be instructed to inquire into the expediency of discontinuing the running of the stage, from Fredericksburg, by Halifax, in Virginia, to Greensborough, in N. Carolina, and that the mail be transported on horseback.
Mr. Sterling offered the following resolution, which lies, of course, one day on the table.
Resolved, That the secretary of war be directed, to communicate to this house, what progress has been made towards the completion of the military road leading from Plattsburg to Sackett's harbor, in the state of New York; how much of said road remains unfinished; the probable expense of completing the same; and also, any information in his possession, showing the importance of said road, in a military point of view.
On motion of Mr. McCoy, the bill, entitled "An act in addition to 'an act, for the more prompt settlement of public accounts, and for the punishment of the crime of perjury,'" was read, and ordered to be engrossed for a third reading.
On motion of Mr. Cook, of Illinois, it was Resolved, That the committee of ways and means be instructed to inquire into the expediency of requiring all payments of money out of the treasury of the U. States, to the party entitled to receive it, where such mode of payment may not be detrimental to the public interest.
INTERNAL IMPROVEMENT.
The house then resolved itself into a committee of the whole, Mr. Woodcock in the chair, on the bill to provide for procuring the necessary surveys and estimates for certain roads and canals,
[This bill proposes to provide—
"That the president of the United States is hereby authorised to cause the necessary surveys, plans, and estimates, to be made for a national road from the city of Washington to that of New Orleans; and for canals, from the harbor of Boston, to the south, along the Atlantic sea-coast; and to connect the waters of Ohio above, with those below the falls at Louisville: Lake Erie with the Ohio river, and the tide waters of the Potomac with the same stream at Cumberland, designating what parts may be made capable of sloop navigation; and for communications between the Susquehanna and the rivers Seneca and Genesee, which empty into lake Ontario: and between the Tennessee and Savannah, and between the Tennessee, Alabama, and Tombecky rivers; and for such other routes for roads and canals as he may deem of national importance in a commercial or military point of view. The surveys, plans, and estimates for each, when completed, to be laid before congress.
"Sec. 2. And be it further enacted. That, to carry into effect the objects of this act, the president be, and he is hereby, authorized to employ two skilful civil engineers, or who may be detailed to duty with that corps, as he may think proper, and the sum of—dollars be, and the same is hereby, appropriated, to be paid out of any moneys in the treasury not otherwise appropriated."
The bill having been read—
Mr. Stewart proposed an amendment to the detail of the bill.
Mr. Cocke requested Mr. Stewart to withdraw his amendment for the present; for he said he should like to hear from the gentleman who reported it, some reasons to satisfy the house of the utility of this measure. He wished, before proceeding to amend the bill, to be satisfied of the correctness of its principle. He wished the gentleman also to shew the power which this house has to pass the bill.
Mr. Stewart consented to withdraw his amendment for the present.
Mr. Hemphill then proposed an amendment to the detail of the bill.
Mr. Barbour, (speaker.) rose to make a motion, the object of which, he said, was to test at once the principle of the bill. This motion was to strike out the first section of the bill. He did not propose to enter into a discussion of the principle of the bill. The subject had been so much discussed in this house and this nation, that he took it for granted congress was prepared to determine at once whether it would or would not commence a system of internal improvement. This bill, Mr. B. said was the means whereby to attain that end, the object of it being to cause surveys and estimates to be made, with a view to that end. It could not be necessary, he said, for him to remark, that the house ought not to pass the bill unless it was disposed to commence and prosecute a system of internal improvement. Being decidedly of the opinion, which he had long entertained, that this house has no constitutional power on this head, and that the attempt to exercise it would give rise to feuds and jars among the members of the confederacy: being opposed to the establishment of a system of internal improvement, and considering the measure proposed by that bill as a means to that end, he moved to strike out the enacting clause of the bill.
Upon this motion being announced—
Mr. Hemphill rose and delivered his views of the bill, as well on the ground of expediency as on those of constitutionality. Of Mr. Hemphill's elaborate speech, abounding with facts and calculations, &c. it would be unjust to attempt here to give a synopsis.
Mr. Mitchell, of South Carolina, next assigned the reasons why he should vote for the bill. He approved it as a means of obtaining information useful to every department of the government, and to every individual in the nation—and not as part of a system of internal improvement, to which he was opposed.
Mr. Wright opposed the bill altogether, as contrary to the letter of the constitution, which, he contended, gave to congress no authority to commence a system of internal improvement.
When Mr. Wright concluded—
The question was taken on Mr. Barbour's motion to strike out the first section of the bill, and decided as follows:
For striking out the section 56
Against it 62
So the motion was negatived.
[The house being thinly attended, this vote was not regarded as a decisive one ]
The committee then rose and reported the bill to the house.
And the question being stated on ordering the bill to be engrossed and read a third time—
Mr. Edwards, of N. C. moved to lay the bill on the table.
On this question Mr. Nelson of Maryland, required the yeas and nays to be taken.
Mr. Hardin asked if it would be in order so to amend the motion as to lay the bill on the table until a day beyond the session (4th March?) He thought enough of the time of the house had been occupied with it.
The speaker said the amendment would not be in order.
The question was then taken on ordering the bill to lie on the table, and decided in the affirmative—yeas 76, nays 73.
So the bill was ordered to lie on the table: and then
The house adjourned.
Wednesday, January 15.
AMENDMENT OF THE CONSTITUTION.
Mr. Reid of Georgia, rose, and said that the bill providing for the execution of certain surveys, and for the collection of topographical information, in a view to a system of internal improvements, was yesterday ordered to lie upon the table, by a vote of this house. In a, said he, one of the committee by which that bill was reported, and although quite willing to afford the hon. chairman of the committee an opportunity to make an experiment, the measure did not altogether meet my approbation. All objections to the bill are not to be found, however, in constitutional scruples. I believe that congress does possess the power to establish roads and construct canals. But, I am aware, that there is much diversity of opinion upon the subject. A large portion of the people entertain the opinion that we have not the power, and the chief magistrate has recently expressed his convictions to the like effect. Under these conflicting sentiments, I do not believe that any system of internal improvement, however well devised by congress, would be efficient, because concert and harmony are necessary to its prosperity. It would seem therefore, that our first step should be a settlement of this question. This can only be done by an amendment of the constitution, which shall give to congress the power alluded to, in terms so explicit as to preclude all dispute.
Such an amendment is now offered, viz.
Resolved by the Senate and House of Representatives of the United States of America in congress assembled, two thirds of both houses concurring, That the following amendment to the constitution of the United States, be proposed to the legislatures of the several states, which when ratified by the legislatures of three fourths of the states, shall be valid to all intents and purposes, as part of the said constitution, to wit:
"Congress shall have power to establish and construct roads and canals."
This joint resolution received its first reading, and lies on the table.
The engrossed bill, entitled "an act in addition to an act for the more prompt settlement of public accounts, and for the punishment of the crime of perjury." was read a third time, passed, and sent to the senate for concurrence.
And the house adjourned.
Thursday, January 16.
Mr. J. S. Johnston, of La. from the committee on the judiciary, reported a bill for the better organization of the district court of the United States within the state of Louisiana, dividing the state into two districts.
Mr. Johnston urged on the house the immediate passage of this bill, as being rendered peculiarly necessary by the present circumstances of the country.
Mr. Cocke objected to the bill on account of the addition of five hundred dollars per annum proposed to be made to the salary of the judge; which he moved to strike out of the bill.
Mr. Taylor of N. Y. said, as the bill had been only this morning laid upon the table, he should prefer its taking the ordinary course of bills. For which purpose, he moved that it be referred to a committee of the whole.
Mr. Johnston replied to both the gentlemen. The bill, he said, being recommended by the representation of the state, as necessary for the true execution of the laws in the state of Louisiana, he thought it almost a matter of course to pass it, especially as it contained no new principles. With regard to the additional salary proposed to be allowed to the judge, he thought it not only reasonable, but absolutely necessary so enable him to live, &c. Mr. Johnston earnestly pressed a decision on the bill at this time.
The motion to recommit the bill was negatived, two to votes to 43.
The question recurring on Mr. Cocke's motion to strike out the proposed addition to the judge's salary, it was strenuously opposed by Mr. Johnston, of La. and Mr. Wright, and supported by Mr. Taylor and Mr. Allen, of Mass.
This motion was negatived, 52 votes to 45.
On the question to order the bill to be engrossed and read a third time, the yeas and nays stood as follows—yeas 83, nays 57.
So the bill was ordered to be engrossed, and read a third time.
The house then again took up, in committee of the whole, the bill further to regulate the collection of duties on imports:
The discussion of the details of this bill was resumed, on amendments proposed; in which the following gentlemen took part:
Messrs. Tracy, McLane, Cambreleng, Nelson, of Mass. Wood, Barstow, McKim, Buchanan, Ingham and Little.
At 4 o'clock, the committee rose and obtained leave to sit again.
Friday, January 17.
On motion of Mr. Conklin, it was
Resolved, that the committee on naval affairs be instructed to inquire into the expediency of providing by law for the establishment of a naval academy for the instruction of midshipmen and other young officers in the services, appertaining to their profession.
On motion of Mr. Hooks, it was
Resolved, that the committee on military affairs be instructed to inquire into the expediency of repairing the Fort at Smithville, N. Carolina, or to erect new fortifications at a more suitable site.
On motion of Mr. Cocke of Ten. the house proceeded to consider the resolution now lying on the table, calling for information respecting the surveys of public lands, &c. Mr. C. moved an amendment to the resolution, which was agreed to; and the resolution as thus amended, was agreed to without a division.
The house, not without considerable opposition to the recess of to-morrow, adjourned over to Monday.