SENATE.] Suspension of the Habeas Corpus. "Habeas Corpus, in certain cases,' was read the first "time. "A motion was made by Mr. PHILIP R. THOMPSON [an “old coadjutor of mine, said Mr. R. and I have no hesi"tation in saying, at my instance] and seconded, that the "House do come to the following resolution: "Resolved, That the message and bill communicated "to this House, from the Senate of the United States, "and the proceedings of the House thereon, ought not to "be kept secret, and that the doors of the House be now "opened. And on the question thereupon, "It was resolved in the affirmative-yeas 123, nays 3." The nays were Josiah Masters, David Thomas, and Nafhan Williams, [two of them, I know, and all three of them, I believe, from New York.] "The doors of the House were accordingly opened, and the Speaker stated to the House, that the bill sent "from the Senate having been read the first time, the "question would be, shall the bill be read the second "time? Whereupon, "Opposition being made by a gentleman from Virginia to the said bill, and debate arising thereon, the question, "(in conformity to the rules of the House,) was stated by "Mr. Speaker, to wit: "Shall this bill be rejected? "It was resolved in the affirmative-yeas 113, nays 19." What is the most remarkable thing, said Mr. R. is, that of these nineteen nays, there is not one man from the Old Dominion-not one man. There were but four South of the River Ohio and South of the River Potomac-let me count them-Evan Alexander, of North Carolina, Elias Earle, of South Carolina, Thomas Sandford, of Kentucky, and Matthew Walton, of Georgia-I beg pardon, of Kentucky-the Yazoo led me into the error; I find, also, amongst the nays, on this occasion, the name of a certain Mr. Barnabas Bidwell, who commenced the lead in that House in that very session! I find, too, the names of Josiah Masters, Gurdon S. Mumford, Henry Southard. And then, sir, in turning back to the Senate Journal, there is not one trace, neither yea nor nay. The only entry to be found on the Senate Journal afterwards was the following: "The following message was received from the House "of Representatives by Mr. BECKLEY, their Clerk: Mr. "President-the House of Representatives do not concur "in the bill, entitled 'An act to suspend, for three months, "the privilege of the writ of Habeas Corpus, in certain "cases;' and he withdrew." But as the rule was unanimously dispensed with, and the bill had three readings in one day, unanimously, it is to be inferred from that fact--for reasons which I gave to the Senate when the doors were shut, and which I don't choose to give now that they are open-there was no opposition here. Now, sir, not being able to find any trace of this bill here, it never having been printed-it never having been on file—the question is, where is it to be found? In the other House, if any where-if any where, I say again-if any where! [MARCH 13, 1826. is an adult, 16 years having passed since his baptism at the new political font-and receive confirmation, and exonerate his Godfather-he who stood for him at the baptismal font-from all further responsibility on his account for his political sins. He calls on him to come forward, to get another endorser, for that he must take his name off his paper-that is a phrase which now a days is much better understood! Under these circumstances, said Mr. R. it has been to me a matter of wonder, that, during the late electioneering campaign—I have expressed myself to that effect to my good friend on my left, (Mr. Macox)—as I had but a shadow of preference amongst the contending parties, I did not mix myself with one side or the other in the electionI often expressed my wonder to him, for two years that preceded, that this fact had never been brought forward and used, as please God I would have used it, if I had had any interest in doing so; and I now discover the cause; it was not known-and permit me to say, it would never have been known to me by any industry of research or labor, if I had not been-whether fortunately or unfortunatelycontemporary with this Government, first as a spectator in the lobby, from its origin-from the dissolution of the old Congress, which I saw expire, and a new butterfly come out of the chrysalis state-up to 1799, when I first took my seat in the Congress of the United States, with the gentleman who presides in the court below-(I do not speak as to jurisdiction-(the term is technical)—but in reference to the place where it holds its sittings,) with so much honor to himself and benefit to this country; from whom, though I may have differed in the course of a long political life, I have never withheld that respect, not even in conflict on the floor of the other branch of the Legislature, where he sat, during one session, in times when party spirit was at its height-I never, for a moment, lost sight of the immeasurable distance that separated me from that man, in every respect that could he mentioned, except age-and he was nearly old enough to be my father-for, where I meet with real worth-where I meet with a man of real talent-whether associated with him or not-whether placed in a situation where I was to appear only as a foil to his superior merits and ability, [pointing to the seat of Mr. Tazewell,] I can yield him that precedence which I shall never give to the assumption of superior merit, where I know and feel that it does not exist. Sir, I consider that of all the stretches of power-talk about Internal Improvements!—of the expediency of suspending the privilege of the Habeas Corpus, in certain cases, in the teeth of the Constitution! What says the Constitution? That the privilege of the writ of Habeas Corpus shall not be suspended, except in two cases. What are they, sir, what are they? You would not have had that privilege, even if there had been no restriction, in your power; because you have no where had the grant of power to suspend the grant of power-the restriction is ex abundanti cautela-out of abundant caution, overweening care-like the restriction on the liberty of the press, in the teeth of which the sedition law was passed-like the restriction on an established church, in the teeth of which, for aught I know, an established church for the Catholics may be passed by this Congress, or by that of Panama. These are in the amendments-take notice, there is no grant in the body of the Constitution. Article 1, section 9. "The privilege of the writ of habeas corpus shall not be suspended, unless when in cases of rebellion or invasion, the public safety may require it." That suspension of the writ of habeas corpus was the first oblation which the present Executive Magistrate made at the shrine of power, when he gave in his adhesion on the desertion of his federal friends! Up to that session, he had been as staunch an adherent of the federal opposition to Jefferson's administration as any man in this country! We Well, sir, here was a bill to suspend it-not in a case of know by a voice-not from St. Helena, but from the South rebellion or invasion; because all that was necessary would side of James' river-who was the sponsor who introduced have been for the President to have sent a message, that him into the political church, who promised and vowed there was rebellion or invasion, and to call for the suspencertain things in his name, which he has not yet disclosed; sion. There was no message from the President to that we hear that voice proclaiming from the Wigwam, and effect. I have no hesitation in saying that it was well unloudly calling upon him to come forward--now that hederstood that the channel through which the communication MARCH 14, 1826.] Executive Proceedings on the Panama Mission. [SENATE. He did not see the motive which had induced the gentleman to make the motion, and at present he must acknowledge he should be very unwilling to send a proposition of this sort to the House of Representatives. Mr. SMITH, of Maryland, asked whether it was not required by the Rules of the Senate, for a resolution of this kind to lie one day. The CHAIR declared such was the rule, unless its immediate consideration was asked for by the mover; and Mr. RANDOLPH not pressing its immediate consideration, it was laid on the table until to-morrow. The Senate then again proceeded to the consideration of Executive business, and remained with closed doors until six o'clock. TUESDAY, MARCH 14, 1826. The Journal of yesterday having been read- mitted yesterday, and on various topics connected with that and other political incidents in the history of the country, particularly on the report made (by Mr. JoHN QUINCY ADAMS) from the Select Committee of the Senate, in 1807, in the case of John Smith, a Senator from Ohio, charged with being an associate in Burr's conspiracy-which report Mr. R. concluded by moving to have printed for the use of the Senate, (and withdrawing the motion that he made yesterday, in regard to the bill suspending the privilege of the writ of habeas corpus, that bill having been since found.) The motion to print the report was negatived, without a count, and then, about 4 o'clock, The Senate, on motion of Mr. SEYMOUR, went into the consideration of Executive business. was made-not at all-I make no such allegation against Mr. Jefferson-but alleged to have been made by him-was the channel of that gentleman who reported the bill to have been duly engrossed-the middle member of this committee-(I speak without irreverence-I have my principles on that point)-the second person of this trinity in unity. It was well understood at that time-I never doubted it-I had my information from a member of this body, at that time, who was as honest a man as ever breathed-there is no message on the Journal recommending it-there is no official document-the bill is not now to be found-but it did pass this House-to suspend the habeas corpus, in certain cases. Will the Senate pardon me for saying, that, to that suspension, was I indebted for my seat in the other House. At the preceding session of Congress, it was my misfortune not to see exactly with the eyes of people in power. I wanted some of that very laudable modesty which Chatham said that he admired whilst he despaired of imitating it-the modesty of the retainers of the Treasury bench-four hours, on the subject of the resolution which he subwhose humility never allowed them to put their opinions in opposition to that of the minister for the time being. The next election came on in the April following this January, 1807. That bill-it was the panoply under which I sheltered myself-the text from which I preached; and, as on the issue of the first battle greatly depends the fate of the succeeding campaigns-no opposition dared to show itself; from that day, Sertorius like, or like Eumenes, I carried on the war upon my own resources, or as the King of Prussia carried on the war against the combined continent of Europe-for seven long years-relying on my own resources, and on them alone, against the General Government, the State Governments, and, I believe, every press in the United States, and maintained myselfnot in the Peninsula, but in that district, where, in case of the worst that can happen, I look for refuge under any change of fortune, political or otherwise. My enemies never dared to face me and uphold this outrage upon the Constitution; and do you think if I had been engaged heart and hand in this late election, I would have let this thing sleep? No, it should have rung like a funeral knell in the ears of the incumbent and the expectant. Let that pass-I did not disturb its sleep-I did not meddle with it; it was not for me to wake the adder-the rattlesnake-the good old rattlesnake-the emblem of liber-lowing resolutions: ty. "Don't tread on me!" I did not care one button which of the contending parties he bit-not one farthing. Sir, I must take leave to express myself here, as every where else, in my plain fire side, plantation way. The little advancement-and I cannot say that I feel it very highly, sir-from a majority to a coloneley, has never altered my manners, and never shall, either in this Legisla ture or out of it; and I shall continue to be the same man, I trust, both at home and abroad, that I was before. I would, therefore, respectfully move, that a message be sent to the House of Representatives, requesting of that House an office copy of the bill sent to them by this House on Monday the 26th day of January, 1807, suspending for three months the privilege of the writ of habeas corpus in certain cases. If it does not come from that House-and I am rather afraid it will not-I do not believe it has been burnt either-for I have some very obscure recollection in my mind of its disappearing off the file of that House Dickerson, Eaton, Ellis, Harrison, Hayne, Hendricks, Messrs. Benton, Berrien, Branch, Chandler, Cobb, long before the war was declared, or there was any fire in Holmes, Johnson, of Ky. Kane, King, Macon, Randolph, the Capitol-I dont mean the library fire, but Ross's fire-Rowan, Ruggles, Van Buren, White, Williams, WoodJohn Bull, on that occasion, made himself an Irish Bull: he tried to break his enemy the Banker by burning all his notes that he could lay his hands on. I make you that motion, sir. The PRESIDENT being about to put the question on agreeing to the motion Mr. BELL, of New Hampshire, rose, merely to suggest that this motion was somewhat of an extraordinary nature, and he should be glad to take a little time to consider [This day the final question on the celebrated Panama Mission was decided: and here is the place to insert the record of Confidential Proceedings thereon, ordered by the Senate, by a vote on this day, to be made public, Those Proceedings are as follows, viz:] EXECUTIVE PROCEEDINGS. Mr. VAN BUREN, of New York, submitted the fol States shall be represented in the Congress of Panama, Resolved, That, upon the question whether the United the Senate ought to act with open doors; unless it shall appear that the publication of documents, necessary to be referred to in debate, will be prejudicial to existing nego tiations. to inform the Senate whether such objection exists to the Resolved, That the President be respectfully requested publication of the documents communicated by the Executive, or any portion of them; and, if so, to specify the parts, the publication of which would, for that reason, be objectionable. On the question to agree thereto It was determined in the affirmative-yeas 23, nays 20. nators present, those who voted in the affirmative, are, The yeas and nays being desired by one-fifth of the Se bury.-23. Those who voted in the negative, are, Messrs. Barton, Bell, Bouligny, Chase, Clayton, Edwards, Findlay, Johnston, of Lou. Knight, Lloyd, Mcllvaine, Marks, Mills, Noble, Robbins, Sanford, Seymour, Thomas, Van Dyke, Willey.-20. WEDNESDAY, FEBRUARY 22, 1826. The Senate resumed the consideration of the motion submitted by Mr. ROWAN on the 20th instant: and SENATE.] Executive Proceedings on the Panama Mission. the same having been modified at the instance of Mr. WOODBURY, as follows: Resolved, That it is the unquestionable right of the Senate to call, in respectful terms, upon the President of the United States, for such information as may be in his possession, and which the Senate deem necessary to the faithful discharge of the duties imposed upon it by the Constitution: and, more especially, the duties resulting from matters which the Constitution makes it the duty of the President to submit to the Senate, for its advice and consent. Resolved, That the two following resolutions, of the 15th instant, viz: "Resolved, That, upon the question whe"ther the United States shall be represented in the "Congress of Panama, the Senate ought to act with open "doors; unless it shall appear that the publication of documents, necessary to be referred to in debate, will be 86 prejudicial to existing negotiations. Resolved, That the "President be respectfully requested to inform the Se"nate, whether such objection exists to the publication "of the documents communicated by the Executive, or any portion of them; and, if so, to specify the parts, the publication of which would, for that reason, be objectionable:""-requested information in the possession of the Executive, and in his possession only, which the Senate deemed important to guide its decision on a subject within the scope of its advising powers, and deeply interesting to the States and to the People of this Union. 66 [MARCH 14, 1826. On the question to postpone indefinitely the first resolution It was decided in the affirmative-yeas 24, nays 20. The yeas and nays being desired by one-fifth of the Those who voted in the affirmative, are, Messrs. Barton, Bell, Bouligny, Chambers, Chase, Clayton, Edwards, Harrison, Hendricks, Holmes, Johnston, of Lou. Knight, Lloyd, Marks, Mills, Noble, Robbins, Ruggles, Sanford, Seymour, Smith, Thomas, Van Dyke, Willey.-24. Those who voted in the negative, are, Messrs. Benton, Berrien, Branch, Chandler, Cobb, Dickerson, Eaton, Ellis, Findlay, Hayne, Johnson, of Ky. Kane, King, Macon, Randolph, Rowan, Van Buren, White, Williams, Woodbury.-20. On the question to postpone indefinitely the second resolution, it was determined in the affirmative-yeas 24, nays 20. The yeas and nays having been desired by one-fifth of the Senators present, Those who voted in the affirmative, are, Messrs. Barton, Bell, Bouligny, Chambers, Chase, Clayton, Edwards, Harrison, Hendricks, Holmes, Johnston, of Lou. Knight, Lloyd, Marks, Mills, Noble, Robbins, Ruggles, Sanford, Seymour, Smith, Thomas, Van Dyke, Willey-24. Those who voted in the negative, are, Messrs. Benton, Berrien, Branch, Chandler, Cobb, Dickerson, Eaton, Ellis, Findlay, Hayne, Johnson of Ky. Kane, King, Macon, Randolph, Rowan, Van Buren, White, Williams, Woodbury.-20. On the question to postpone, indefinitely, the third resolution, It was determined in the affirmative, yeas 24, nays 20. The yeas and nays being desired by one-fifth of the Senators present, Those who voted in the affirmative, are, Resolved, That the message of the President, in the following words, viz: "In answer to the two resolutions of "the Senate of the 15th instant, marked (Executive,) "and which I have received, I state, respectfully, that all "the communications from me to the Senate, relating to "the Congress at Panama, have been made, like all other "communications upon Executive business, in confidence, " and most of them in compliance with a resolution of the "Senate requesting them confidentially. Believing that "the established usage of free confident al communications, "between the Executive and the Senate, ought, for the "public interest, to be preserved unimpaired, I deem it "my indispensable duty to leave to the Senate itself the "decision of a question, involving a departure, hitherto, "so far as I am informed, without example, from that usage, and upon the motives for which, not being inform-Willey.-24. "ed of them, I do not feel myself competent to decide”— does not give to the Senate the information requested, "whether the publication of the documents," or "any portion of them," communicated by the Executive, as to the mission to Panama, "would be prejudicial to existing negotiations.” Resolved, That the Senate has the sole right in all cases to determine what shall be the "rules of its proceedings;" and that the President cannot interfere with the same, without violating the Constitutional privileges of the Messrs. Barton, Bell, Bouligny, Chambers, Chase, Clayton, Edwards, Harrison, Hendricks, Holmes, Johnston, of Lou. Knight, Lloyd, Marks, Mills, Noble, Robbins, Ruggles, Sanford, Seymour, Smith, Thomas, Van Dyke, Those who voted in the negative, are, Messrs. Benton, Berrien, Branch, Chandler, Cobb, Dickerson, Eaton, Ellis, Findlay, Hayne, Johnson, of Ky. Kane, King, Macon, Randolph, Rowan, Van Buren, White, Williams, Woodbury.-20. On the question to postpone, indefinitely, the fourth resolution, It was determined in the affirmative-yeas 24, nays 20. The yeas and nays being desired by one-fifth of the Senators present, Those who voted in the affirmative, are, Messrs. Barton, Bell, Bouligny, Chambers, Chase, Clayton, Edwards, Harrison, Hendricks, Holmes, Johnston, of Lou. Knight, Lloyd, Marks, Mills, Noble, Robbins, Ruggles, Sanford, Seymour, Smith, Thomas, Van Dyke, Willey-24. Those who voted in the negative, are, Messrs. Benton, Berrien, Branch, Chandler, Cobb, Dickerson, Eaton, Ellis, Findlay, Hayne, Johnson, of Ky. Kane, King, Macon, Randolph, Rowan, Van Buren, White, Williams, Woodbury.-20. On the question to postpone, indefinitely, the fifth resolution, It was determined in the affirmative-yeas 24, nays 20. The yeas and nays being desired by one-fifth of the Scnators present, Those who voted in the affirmative, are, Messrs. Barton, Bell, Bouligny, Chambers, Chase, Clayton, Edwards, Harrison, Hendricks, Holmes, Johnston, of MARCH 14, 1826. Executive Proceedings on the Panama Mission. Lou. Knight, Lloyd, Marks, Mills, Noble, Robbins, Ruggles, Sanford, Seymour, Smith, Thomas, Van Dyke, Willey-24. Those who voted in the negative, are, Messrs. Benton, Berrien, Branch, Chandler, Cobb, Dickerson, Eaton, Ellis, Findlay, Hayne, Johnson, of Ky. Kane, King, Macon, Randolph, Rowan, Van Buren, White, Williams, Woodbury.-20. On the question to postpone, indefinitely, the sixth resolution, [SENATE. On motion, by Mr. DICKERSON, of N. J. to amend the same, by striking out all after the word "Resolved," where it first occurs, and inserting in lieu thereof the following: Resolved, That, although the Senate cannot find, in the answer of the President of the United States to their resolutions of the 15th instant, relative to the proposed mission to Panama, any distinct information that the publication of the communications, alluded to in said resolu tions, would or would not be prejudicial to existing ne gotiations, they find a strong objection on the part of the President, to the publication of those communications, them in compliance with a resolution of the Senate, reThose who voted in the affirmative, are, questing them confidentially." And although the Senate Messrs. Barton, Bell, Bouligny, Chambers, Chase, Clay-have the right to publish communications so made, and to ton, Edwards, Harrison, Hendricks, Holmes, Johnston, of discuss the same, with open doors, without the assent of Lou. Knight, Lloyd, Marks, Mills, Noble, Robbins, Rug- the President, when, in their opinion, the public interest gles, Sanford, Seymour, Smith, Thomas, Van Dyke, may require such publication and such discussion, they Willey.-24. do not think that present circumstances require the exercise of this right, so far as respects a discusion of those Messrs. Benton, Berrien, Branch, Chandler, Cobb, Dick-confidential communications with open doors. Therefore, erson, Eaton, Ellis, Findlay, Hayne, Johnson, of Ky. Kane, Resolved, That the discussion upon the proposed misKing, Macon, Randolph, Rowan, Van Buren, White, Wil- sion to Panama, and the confidential communications upliams, Woodbury.-20. on the same, be held with closed doors. It was determined in the affirmative-yeas 24, nays 20. The yeas and nays being desired by one-fifth of the Se-inasmuch as they were made "in confidence, and most of nators present, Those who voted in the negative, are, Mr. HOLMES, of Maine, submitted the following motion: Resolved, That the Senate having, on the 15th day of February, passed the following resolutions: "Resolved, That, upon the question whether the United States shall be represented in the Congress of Panama, the Senate ought to act with open doors, unless it shall appear that the publication of documents, necessary to be referred to in debate, will be prejudicial to existing negotiations. A motion was made by Mr. LLOYD, of Mass. to postpone indefinitely the original motion; and It was determined in the negative, yeas 15, nays 29. The yeas and nays being desired by one-fifth of the Senators present, Those who voted in the affirmative, are, Messrs. Bouligny, Branch, Chambers, Chase, Edwards, Johnston of Lou. King, Knight, Lloyd, Mills, Sanford, Smith, Van Dyke, White, Willey-15. Those who voted in the negative, are, "Resolved, That the President be respectfully request- Messrs. Barton, Bell, Benton, Berrien, Chandler, Clayed to inform the Senate whether such objection exists to ton, Cobb, Dickerson, Eaton, Ellis, Findlay, Harrison, the publication of the documents communicated by the Hayne, Hendricks, Holmes, Johnson, of Ken. Kane, Executive or any portion of them; and, if so, to specify the Macon, Marks, Noble, Randolph, Robbins, Rowan, Rugparts, the publication of which would, for that reason, begles, Seymour, Thomas, Van Buren, Williams, Wood objectionable." bury-29. To which the President returned the following message in answer, viz: On motion, by Mr. WHITE, of Tenn. diency of appointing Ministers to attend the Congress at Panama, until it can receive the information necessary to enable it to determine whether the consideration of that question ought to be with open or with closed doors:" To amend the proposed amendment, by striking out "WASHINGTON, 16th FEBRUARY, 1826. the following words: "Resolved, That the discussion upon To the Senate of the United States: the proposed mission to Panama, and the confidential "In answer to the two resolutions of the Senate, of the communications upon the same, be held with closed 15th instant, marked (Executive,) and which I have re- doors," and inserting "Resolved, That the Senate, canceived, I state, respectfully, that all the communications not, consistently with the duty which it owes to the Unit from me to the Senate, relating to the Congress at Pana-ed States and to itself, proceed to consider the expema, have been made, like all other communications upon Executive business, in confidence, and most of them in compliance with a resolution of the Senate requesting them confidentially. Believing that the established usage of free confidential communications, between the Executive and the Senate, ought, for the public interest, to be preserved unimpaired, I deem it my indispensable duty to leave to the Senate itself the decision of a question, involving a departure, hitherto, so far as I am informed, without example, from that usage, and upon the motives for which, not being informed of them, I do not feel myself competent to decide. JOHN QUINCY ADAMS." Resolved, That, as the Senate have not been informed by the President, whether the publication of the documents, in relation to the proposed mission to the Congress of Panama, would affect any pending negotiations, it is expedient to proceed to the discussion of the subject of that mission with closed doors. On motion, by Mr. KING, the Senate adjourned. THURSDAY, FEBRUARY, 23, 1826. The Senate resumed the consideration of the motion submitted yesterday, by Mr. HOLMES, of Maine, in relation to the proposed mission to the Congress at Panama. VOL. U-11 On the question, "Will the Senate agree to this amendment to the proposed amendment,” a division of the question was called for; and it was taken on striking out, and determined in the affirmative-yeas 27, nays 17. On motion by Mr. COBB, of Geo. the yeas and nays being desired by one-fifth of the Senators present, Those who voted in the affirmative, are, Messrs. Bell, Benton, Berrien, Branch, Chase, Cobb, Eaton, Edwards, Ellis, Findlay, Harrison, Hayne, Holmes, Johnson, of Ken. King, Macon, Mills, Randolph, Rowan, Ruggles, Sanford, Seymour, Thomas, Van Buren, White, Williams, Woodbury-27. Those who voted in the negative, are, Messrs. Barton, Bouligny, Chambers, Chandler, Clayton, Dickerson, Hendricks, Johnston, of Lou. Kane, Knight, Lloyd, Marks, Noble, Robbins, Smith, Van Dyke, Willey-17. On the question to insert the amendment last proposed, it was determined in the negative-yeas 13, nays 31. The yeas and nays being desired by one-fifth of the Senators presents SENATE.] Executive Proceedings on the Panama Mission. Those who voted in the affirmative, are, Those who voted in the negative, are, Messrs. Barton, Bell, Benton, Bouligny, Branch, Chambers, Chandler, Chase, Clayton, Dickerson, Edwards, Findlay, Harrison, Hendricks, Holmes, Johnson, of Ken. Johnston, Lou. Kane, Knight, Lloyd, Marks, Mills, Noble, Robbins, Ruggles, Sanford, Seymour, Smith, Thomas, Van Dyke, Willey-31. The question recurring on the adoption of the amendment first proposed to the original motion, amended by striking out the last clause: On the question, "Will the Senate agree to this amendment?" a division of the question was called for; and, On the question to strike out all the original motion, after the word "Resolved," where it first occurs, it was determined in the affirmative-yeas 31, nays 13. The yeas and nays being desired by one-fifth of the Senators present, Those who voted in the affirmative, are, [FEB. 24, 1826. The yeas and nays being desired by one-fifth of the Senators present, Those who voted in the affirmative, are, Messrs. Barton, Bell, Benton, Bouligny, Branch, Chambers, Chandler, Chase, Clayton, Dickerson, Edwards, Findlay, Harrison, Hendricks, Holmes, Johnson, of Ken. Johnston, of Lou. Kane, King, Knight, Lloyd, Marks, Mills, Noble, Robbins, Ruggles, Sanford, Seymour, Smith, Thomas, Van Dyke, Willey-32. Thomas who voted in the negative, are, Messrs. Berrien, Cobb, Eaton, Ellis, Hayne, Macon, Randolph, Rowan, Van Buren, White, Williams, Woodbury-12. On motion, by Mr. HAYNE, of S. C. it was ordered that the further consideration ofthe resolution be postponed to, and made the order of the day for, Monday next. A motion was made by Mr. BENTON, of Mo. to amend the said resolution, by striking out all after "Resolved," and Messrs. Barton, Benton, Berrien, Branch, Chambers, Chandler, Cobb, Dickerson, Eaton, Edwards, Ellis, Find-inserting "That the Senate cannot advise that it is ex lay, Hayne, Hendricks, Johnson, of Ken. Kane, King, Macon, Marks, Mills, Randolph, Robbins, Rowan, Rug gles, Sanford, Van Buren, Van Dyke, White, Willey, Williams, Woodbury-31. Ministers to the Congress of American nations at Panama, pedient for the Government of the United States to send before it shall have received satisfactory information upon the following points: First, the subjects to which the attention of that Congress will be directed; secondly, the Those who voted in the negative, are, substance and form of the powers to be given to the reMessrs. Bell, Bouligny, Chase, Clayton, Harrison, spective Representatives; thirdly, the mode of organizHolmes, Johnston, of Lou. Knight, Lloyd, Noble, Sey-ing the Congress; fourthly, the mode of action in decidmour, Smith, Thomas-13. On the question to insert the proposed amendment, it was determined in the affirmative-yeas 27, nays 16. Those who voted in the affirmative, are, Messrs. Barton, Benton, Berrien, Bouligny, Chandler, Clayton, Cobb, Dickerson, Findlay, Harrison, Hayne, Hendricks, Holmes, Johnson, of Ken. Kane, King, Marks, Randolph, Robbins, Rowan, Ruggles, Seymour, Smith, Van Buren, Willey, Williams, Woodbury-27. Those who voted in the negative, are, Messrs. Branch, Chambers, Chase, Eaton, Edwards, ing the questions which may be submitted to it." TUESDAY, MARCH 14, 1826. The Senate resumed the consideration of the resolution reported by the Committee of Foreign Relations, relative to the expediency of sending Ministers to the Congress of Panama, together with the amendment proposed thereto by Mr. BENTON. On motion, by Mr. BENTON, of Missouri, the said amendment was modified as follows: Strike out all after "Resolved," and insert, "That it is not expedient for the United States to send any Ministers to the Congress of American nations assembled at Panama, before it shall have received satisfactory information upon the following points: First, The subjects to which the attention of the Resolved, That, although the Senate cannot find, in the Congress will be directed: 2ndly, The substance and answer of the President of the United States to their re-form of the powers to be given to the respective Represolutions of the 15th instant, relative to the proposed sentatives: 3dly, The mode of organizing the Congress: mission to Panama, any distinct information that the pub-4thly, The mode of action in deciding the questions which lication of the communications, alluded to in said resolu- may be submitted to it." tions, would or would not be prejudicial to existing negotiations, they find a strong objection, on the part of the President, to the publication of those communications, inasmuch as they were made "in confidence, and most of them in compliance with a resolution of the Senate requesting them confidentially." And, although the Senate have the right to publish communications so made, and to discuss the same with open doors, without the assent of the President, when, in their opinion, the public interest may require such publication and such discusion, they do not think that present circumstances require the exercise of this right, so far as respects a discussion of those confidential communications with open doors. FRIDAY, FEBRUARY 24, 1826. On motion, by Mr. HAYNE, of South Carolina, that the further consideration of the resolution, with the proposed amendment, be postponed to Friday next; it was determined in the negative-yeas 20, nays 25. The yeas and nays being desired by one-fifth of the Senators present, Those who voted in the affirmative, are, Messrs. Benton, Berrien, Branch, Chandler, Cobb, Dickerson, Eaton, Findlay, Hayne, Johnson, of Ken., Kane, King, Macon, Randolph, Reed, Rowan, Van Buren, White, Williams, Woodbury.-20. Those who voted in the negative, are, Messrs. Barton, Bell, Bouligny, Chambers, Chase, Clayton, Edwards, Harrison, Hendricks, Holmes, Johnston, of Louisiana, Knight, Lloyd, McIlvaine, Marks, Mills, Noble, Robbins, Ruggles, Sanford, Seymour, Smith, Thomas, Van Dyke, Willey.-25. On motion, by Mr. LLOYD, of Mass. that the Senate proceed to consider the resolution reported by the Committee on Foreign Relations, in relation to the expediency of send- On motion by Mr. REED, of Mississippi, that he be exing Ministers to the Congress of Panama; it was deter-cused from voting on the proposed amendment, it was mined in the affirmative yeas 32, nays 12. determined in the affirmative-yeas 32, nays 12. |