JUNE 21, 1834.]

General Appropriation Bill.

[SENATE.

priation of $15,000, to remunerate Clarke and Force pense cannot exceed $300,000; and that will only be refor all expenses incurred by them hitherto, under said

contract.

quired by small annual appropriations. It was indispensable that this should be done by the Government, as no private means would be found competent. The works ordered by the British Government to be printed, were not of equal importance to this work, which has been undertaken, and in which expenses have been incurred by the contractors, on the faith of the Government. He wished that the present appropriation should be passed, and that Congress should act hereafter as the execution of the work might justify.

Mr. FORSYTH said he had been induced to submit this amendment, under a sense of justice both to the contractors and to the United States. He believed, with the Committee on Finance, who had examined into this subject, that the Secretary of State had far exceeded his authority in entering into this contract, and had not only mistaken the law, but had not the slightest idea of the expense to be incurred under it. There was, in fact, no knowing to what extent the contract, as originally made, Mr. FRELINGHUYSEN considered that, as this was not might be extended. It might run from one up to two an original question, but that it was a contract sanctioned millions of dollars. It was true, the contractors had en- by law, and executed by a very distinguished officer of tered into supplementary stipulations with the committee, our Government, who was entitled to respect and confiwhich would bring down the expense to somewhere about dence, the least that could be asked was to make the ex400,000 dollars. There was no member of Congress, he periment. The first volume was now ready for the press. believed, who ever contemplated any thing like such an This work had been under the consideration of the Comexpense at the time the law was passed. Fifteen thou-mittee on the Library two or three times, and there was sand dollars, it was believed, would be sufficient to in- but one opinion concerning its value. The work was of demnify the contractors for any expenses they had hith-high importance; and if he had to select between 300,000 erto incurred; but, if it should be found at the next ses- dollars and twenty volumes of this work, he should not sion of Congress that they had incurred a further damage, hesitate between them. Very proper reference had been it would no doubt be awarded to them. It was proposed made to a great work printed by the British Government, to have the subject further examined into during the re- every set of which cost two hundred pounds sterling. A cess, and either to rescind the contract, giving such addi-set of that work had been sent to the Congress library, tional compensation as might be deemed just and proper, and an agent been instructed to send over to England the or to carry it on with suitable restrictions. names of the colleges in this country, and twenty-four names bad already ben sent over, to each of which colleges a set is to be presented. Such are the endeavors of the British Government to extend the knowledge of the principles on which it is conducted. He eulogized the character of Mr. Livingston, and called on the Senate not to do him the injustice of violating a contract, of the value of which such a mind as his was fully competent to

Mr. CHAMBERS said the subject of the contract did not seem to be well understood in the Senate; and this misconception was likely to lead them to refuse to do an act of plain and simple justice. He then gave a history of the application for this contract; and stated that the usefulness, the importance, indeed the necessity, of this work, had been established by sufficient evidence. The Secretary of State had been empowered, by a law of be a judge. Congress, to superintend the work; and, in fulfilment of Mr. KING, of Georgia, said he should vote to strike out his trust, he had compelled the contractors to conform the clause from the bill, and should then vote against the their estimates to the standard of a similar work on anoth amendment of his colleague. He thought there was no er subject. The contract only gives to the contractors more authority in Congress to set up a book shop, than the price of printing and the clerk-hire. It was denied to set up a milliner's shop, to buy books for members, by the contractors that they had ever contemplated an ex-than to buy bonnets for ladies. He referred to the contension of the work to the amount, as had been charged, stitutional powers of Congress, and declared that from of more than a million of dollars. Under the limitation imposed by the Committee on Finance, it is believed that the work can be scarcely completed, and it will be indispensable to exclude all unnecessary material, and superfluous expenditure. Only such documents as are indispensable to a collection of materials for the future historian of this country, can now be included.

Mr. C. then handed in a paper from the contractors— which was read.

none of them was this authority derived. He expressed his belief that the work, if authorized, would cost the Government three or four millions of dollars. He disclaimed any intention to throw censure on the contractors, but was of opinion that the contract was erroneously and unconstitutionally entered into, and that the Secretary of State had been taken in.

Mr. HILL said: Viewing, as I do, the practice of supplying members of Congress with books at the public exMr. SOUTHARD then expressed his hope that there pense to be an enormous abuse, I have, ever since I had would be no difficulty about this item in the appropriation a seat in this body, and whenever I could get an opporbill. He could not approve of Congress making light of tunity of recording my ay or no, voted against every proptheir own contract. He thought the contractors had act-osition for furnishing them. My first attempt to obtain ed in the most free and liberal manner. They had sub-a vote in this body against this practice, at the session mitted to restrictions which deprived them of some of the two years ago, was scouted as "miserable parsimony," advantages of the original contract. But his principal by one Senator near me, [Mr. FRELINGHUYSEN.] I then objection to disturbing the appropriation was, that, as opposed the purchase of a book, published for the benefit one of the parties, Congress had no right to interrupt this of the Bank of the United States, containing what purcontract. He looked also at the importance of the work, ported to be a legislative history of the rise and progress which was more than that of all the printing which has of that institution, in which many of the most important been done for the last five years, and which had cost much speeches and proceedings are entirely omitted. The bank more money. He complained of the general ignorance book, it is believed, was published at the instance of the which prevailed in this country of the principles and mo- bank itself, which liberally paid for its share of the editives connected with the Revolution, and thought that the tion. But the new members of the present Congress, as documents which shed a light on these points should not well as of the last, have all been furnished with the same be suffered to perish, as they must, unless now collected. book; and I presume, so long as any books shall remain in As yet, there is no history of our country. We have the hands of the publishers, all future new members will some histories, but they do not show the foundation on be hereafter furnished. That book, made up of extracts which our institutions rest. No expense should deter from newspapers, may be really worth, as other similar Congress from publishing this work. But the total ex-books are sold, from one to two dollars. The price paid

SENATE.]

General Appropriation Bill.

[JUNE 21, 1834.

for every book taken by Congress is five dollars. The printing could be done for in any other city of the Union? book was printed by certain pet printers of the bank in This price was not fixed by Mr. Livingston. A Secretary this city, (Gales and Seaton,) and so long as those printers of State (Mr. CLAY) under the last administration, made can have access, so as to introduce a short resolution, the first contract for publishing Diplomatic Correspondproviding for payment out of the contingent fund, through ence, having found a resolution of Congress, which passed some member of either House of Congress, so long each new member will continue to be supplied with every book they shall have on hand.

It is now said that the Documentary History of Matthew St. Clair Clarke and Peter Force, provided for by an act of Congress, and for which the bill under consideration appropriates thirty-five thousand dollars, will cost a vast sum of money-half a million of dollars is the lowest calculation, and some say that it may cost a million and a half. An attempt is made to make the late Secretary of State (Mr. Livingston) responsible for the rate and enormity of this contract. Rather should the blame go to the Congress which passed the law than to Mr. Livingston. well remember when that law passed this body, although it is very probable that other gentlemen recollect little about it. All the facts in the case do not show themselves upon the Journal; and it is my misfortune that they do

not.

several years before authorizing, or supposed to authorize it; and the contractor (Mr. Jared Sparks) for the publication of a few volumes, sold his privilege to a second person for the trifling profit of ten thousand dollars! The price of that first contract is made by law the basis of the contract for the Documentary History. Mr. Livingston made the contract as the law required him; he could not limit the number of volumes, because the law did not limit it.

It is now understood that the contractors are willing to limit themselves. The price of publishing a single volume of fifteen hundred copies, is calculated at 22,900 dollars, and other expenses will make it 25,000 dollars. The contractors will limit themselves to twenty folio volumes as the minimum; and these twenty folio volumes are to cost 500,000 dollars! Of what value, think you, Mr. President, will be a Documentary History of the Revolution of twenty folio volumes? It would be as ninety-nine grains of wheat in one hundred bushels of chaff.

There were two propositions considered at the same time, both of them, I believe, reported on, and sanction- The extra printing-by extra printing, I mean not any ed by the Library Committee, for extensive jobs of print- portion of that printing daily ordered by the Senate, coning. One was, on the proposal of Duff Green to publish a sisting of distress petitions, with the names; other petistereotype edition of the Laws and Treaties of the United tions and memorials, reports on the Post Office, &c., conStates, at the rate of two dollars and fifty cents per volstituting what is annually published in several volumes, as ume; and the other Clarke and Force's proposal to print the Journal and Documents-the extra printing of books and furnish the Documentary History of the Revolution. merely for the purpose of furnishing members of ConBoth propositions were hastily urged through the Senate. gress, voted by the Senate at the last session alone, would Duff Green's job of stereotyping the Laws (which was amount, if all the propositions had succeeded, to a greatarrested in the House of Representatives) would have er sum of money than the whole expense of a single year cost the Treasury from one to two hundred thousand dol- of Mr. Jefferson's administration. Besides the enormous lars; other printers had proposed to perform the work at job of Clarke and Force, and the vote on the proposition less than one-half of his price. The mention of this fact to stereotype the Laws, there was another job voted to appeared to have no effect on the vote of the Senate. I Duff Green for printing the Land Laws, which is introduasked for the question to be taken by yeas and nays-it ced in the present appropriation bill, amounting to fortywas so taken, and you will find but seven Senators (Ben-two thousand nine hundred and sixty dollars; and a resoton, Black, Dickerson, Foot, Hill, Robinson, and Wil-lution passed for the benefit of Gales and Seaton, allowkins) voting to sustain me-twenty-five voting against my ing them further to extend their compilation of Congresmotion to lay the bill on the table.

sional Documents eight volumes folio. If these eight folio volumes cost as much as those contracted for by Clarke and Force-and as yet I have, after diligent inquiry, been unable to ascertain what Gales and Seaton are paid for this work-that additional job to them will amount to two hundred thousand dollars. It is true the contract with them is only for seven hundred and fifty copies instead of fifteen hundred; but I understand they publish an additional seven hundred and fifty copies, to supply members of Congress hereafter. Already has the supply for Congress run out; and at this session a resolution has passed, authorizing the Secretary to purchase more for the supply of the new members of the Senate.

Immediately after this, the bill making provision for the publication of the Documentary History of the RevoJution was taken up. Mr. Foot, of Connecticut, was in the chair. I asked for the yeas and nays on the question, Shall it be engrossed and read a third time? Without waiting to call the attention of Senators to the question, the chairman declared the proposition for the yeas and nays was not sustained; and both bills were considered in Committee of the Whole, reported, and passed on by the Senate, in less time than I have been speaking about it. Ever since that time, I have deemed it a work of supererogation in me to oppose any proposition for printing or furnishing books for the benefit of printers in this District I may safely say that the books furnished to members -and have contented myself with giving a silent vote of Congress (and each new member at the present sesagainst them whenever I could obtain an opportunity. sion has already been supplied, to the number of about Mr. Livingston ought not to be blamed for the contract seventy volumes) cost twice and in some instances four made with Clarke and Force. The fault is in the law, not times the price of books of equal size and superior value, in the contract. How could Mr. Livingston limit the that are to be obtained in the most of our cities and number of volumes, when the law was without limit? He towns. Gladly would I return every book I have received was taken advantage of by the contractors-he could not and pay for their transport back to the seat of Governbe supposed to know that an increase of the number of ment, if the money could be returned to the Treasury, copies, or the increase of the size of the volumes, would which has been abstracted to procure them. These make an enormous increase of the price. Clarke and books are held up to new members as an appeal to their Force knew well enough how they were cheating the cupidity. It is said at once that all the old members have public, as well when they smuggled the bill through the received them and that the new members ought to claim two Houses of Congress, as when they made the contract them of course. And so soon as you receive a copy of with the Secretary of State. Why did Congress legislate the common plunder, so soon, in the estimation of some in the dark on this subject? Why did they pass a law re-gentlemen, are you precluded from voting against others quiring the Secretary of State to contract for an unlimited or yourself receiving more of that plunder. I found a amount of printing, at double the price which the same portion of these books tied up in bundles and left at my

JUNE 21, 1834.]

General Appropriation Bill.

[SENATE.

rooms, before I took my oath or seat in this hall, at the first when it can be procured, and by separate action when session of the last Congress. If I had been a non-commit- no other can be obtained, from the Treasury, to pay tal before, in relation to the purchase of books, the inten- those who have been engaged in the work of deceiving tion was, that I would not set out in my Senatorial career the people by poisoning the fountains of knowledge; and a non-committal; and the language to me was, immediate-this, too, while a vast majority of the same people has ly, "Having partaken of the plunder, you have no right repeatedly declared against them. to complain of the robbery."

Mr. CHAMBERS replied to the remarks of Mr. KING. But, Mr. President, it is not the cupidity of mem- He considered the time as gone by, when the constitubers of Congress-it is not their desire to add to their li- tionality of such acts was denied. He adverted again to braries at home without expense to themselves-that alone the value of the work, the labor which had already been prompts to these glaring abuses. For whose benefit bestowed upon it, the researches which had been carhave these publications been procured? For the benefit ried on, the intelligence of those who conducted them, of partisan printers of newspapers in this District. We and the interest which the work was calculated to prohave heard abundance of complaint from the other side, duce in the public mind. The price for which this work of printers being patronised by the Post Office Depart- was to be furnished, was not at all adequate to the imHas that Department ever patronised and paid portance and labor of the work. In reference to someany printer for other service than what the exigencies of thing which had fallen from Mr. HILL, on the subject the Department required? Has that Department ever of rewarding printers, &c., Mr. C. said he would tell a thrown away hundreds of thousands to printers for pub-story. He was once travelling over the Alleghany mounlishing its own history, or to furnish a library for each of tains, when he stopped at a hut, kept by a respectable the officers in its employ? old gentleman, who entertained men and horses. Con

ment.

Mr. FORSYTH accepted the amendment. He then explained that he did not mean to destroy the contract, but to leave that to be decided on when Congress should have more leisure.

Who are the favorites intended to be benefited by the versing with the old gentleman on the subject of rattle. votes of the Senate at the last session? First, we have snakes, which abounded there, he (Mr. C.) made some Messrs. Gales and Seaton, editors of the National Intelli- inquiries, and gained some information as to their natural gencer, who, as printers of Congress, had already receiv-history. "I don't know how they live," said the old man, ed more than a million of the public money; and, so far" but I know how they die. There is an old stump a from being satiated with that, are still receiving from little from the hut, where an old rattlesnake lived for a fifty to a hundred thousand dollars as publishers of the great many years, and died, at last, from the poison of his Congressional Documents, besides an equal or greater own venom." amount as printers of the House of Representatives-and Mr. MANGUM moved to strike out, in the amendment nobody but themselves and Nicholas Biddle can tell how to the amendment, the words "to remunerate," and to much for printing the millions of speeches in favor of the insert the words "to settle with," and to strike out bank, that have been gratuitously circulated; and all this $15,000 and insert $20,000. in the present year. Then we have the printer of the Senate, General Duff Green. His Telegraph cannot possibly be supported without all the extra jobs the Senate can give him. I cannot but admire the ingenuity with which gentlemen make it appear necessary to have so Mr. CHAMBERS suggested that the publication of much public printing. The printing of the Land Laws was one volume would cost little more than was now proposed ordered; and we then had minute calculations that the to be given for nothing. expense should not exceed eight or nine thousand dol- Mr. FORSYTH did not wish to do any thing to justify lars; it is swelled up, before the work is done, to about a further expenditure than was already incurred. He forty thousand dollars. Then the report on the Post Of disclaimed any desire to do injustice to the individuals. fice must be printed; and members in the confidence of They were not to be blamed for making as much as they the printer seem well to understand that the price of could out of an act of Congress. But he desired time to printing will not be as high as is supposed. The printing look into the law, and to obtain a report from the Deof this session, in which less business has been done in partment. the Senate of value to the nation than was ever done in Mr. POINDEXTER read an amendment, which he any former session, is as enormous in quantity as it has would move, by way of addition to the original clause, been unimportant to the transaction of business. This should the present amendment fail. He recommended to principally has rendered necessary two amendments to the person who had read a tract this morning on the subthe appropriation bill, adding more than ninety thou-ject of payment to printers, to dedicate it to Edward Livsand dollars to that bill. Even this job of Clarke and ingston and Andrew Jackson, and it would doubtless have Force, which seems to be without limit or end, was start- a good effect upon their future action. He thought the ed in part payment for partisan services of the opposition contract an improper one, but there was a moral obligapress against the administration. Mr. Force, as editor tion on Congress to fulfil it. and proprietor, had labored against this administration Mr. WEBSTER said his objection was, that this was a in the National Journal, with not less zeal than his seniors contract, which could not be violated, and the object of of the National Intelligencer. Money had been sunk in the gentleman from Georgia was to buy off this contract. that establishment; and the expedient of publishing a Mr. FORSYTH explained that he did not desire to deDocumentary History was resorted to for the purpose of stroy the contract. remunerating Mr. Force. If the facts could be known, Mr. WEBSTER said that the object was to disaffirm there is little doubt in my mind, that the party had pro- the contract, and the Senate had no right to do so. vided this means of payment of debts which had been in- was himself disposed to go on with the contract, deemcurred in publishing one of the vilest of the vile news-ing the work a valuable one, and the terms fair. papers that has opposed the present administration.

Mr. President, let this unlimited printing job be called by its right name. Let the fact be known, that it is one of the many expedients of the present time to reward those who have for years slandered the Chief Magistrate of the people's choice and abused the people themselves. Let it be understood, that hundreds of thousands are annually drawn, by joint action of both Houses of Congress, VOL. X.-129

He

He

could have no objection to the proposition of the gentleman from Mississippi. The appropriation ought to be made, and the Secretary of State could then report, before another appropriation was asked, if any modifications should be made.

Mr. PRESTON having asked if any printing had been actually done under the contract

Mr. WEBSTER expressed an opinion that no printing

had been done, but there had been great expenses incurred. The subject had been looked into by the Committee of Ways and Means, and he thought the appropriation should be made.

[JUNE 21, 1834.

Mr. BIBB said he would never give his vote to violate a contract. But here was a question as to the constitutional right of Congress to make such a contract, and then as to what the contract required to be done. Error had been produced by the generality of the terms of the contract, and Congress had been thus induced to sanction so heavy an expenditure. He concluded by moving a proviso to the amendment, that nothing therein contained should be taken as a sanction of the contract.

The

Mr. KING, of Georgia, then made some remarks in explanation of what he had previously said.

Mr. PRESTON believed that the progress of the work did not at present justify a larger expenditure than that proposed by the amendment of the gentleman from Georgia, as now modified. He viewed the question as surrounded by great difficulties. He had doubts as to the constitutionality of authorizing the publication of works amendment was accepted. which did not inform Congress, or the people, on the Mr. HILL said, that the Senator from Maryland had subject of the proceedings of Congress. The contract told a story about a rattlesnake, but he had not told the was under the law, passed by both Houses, and appro- whole. The attention of the old man was called to the ved by the present Chief Magistrate, General Andrew stump by the cackling of an old goose. He had not beJackson; and where, under such law, vested rights had fore understood the value of a cackling goose. arisen, they ought to be touched with a very scrupulous Mr. CHAMBERS. I am likely to understand its value, hand. He regarded the terms of the law as loose and as I have just heard it. extraordinary. The contractors had now acquired vested rights, and he was not disposed to sanction any violation of the faith of the Government, because Congress Mr. KING, of Alabama, then made some observations was not amenable to any human tribunal. But all al- on the extravagant character of the contract, which would lowed the contract to be improvident, and it was loose, enable the individuals to draw from the Government, a and liable to great abuse. It was proper that there should sum beyond even their own highest expectations, and be a strict examination of the contract, and it should be this was to be forced on the sanction of Congress, by genrendered specific as to the character of the matter, and tlemen, on the ground of the inviolability of a contract. the extent of the work. However high his opinion of in- He did not intend to cast any doubt on the respectability dividuals, he would not give a roving commission to any of the contractors, but he could not give his consent to one to select materials, which would take their tone from so loose a contract. his prejudices or party liaisons. Would the gentleman Mr. CLAY said, that the Secretary of State had made from Massachusetts be willing to give a roving commis-one contract, and the Committee on Finance had made sion to prepare the materials for a history of that State another. The first was an improvident one, but it was in during the late war? Or would he himself (Mr. P.) be the authority of the Secretary. He should have corrected willing to intrust to any one who might be selected to go the improvidence of Congress. The only restriction iminto his State and pick up materials for a history of nulli- posed by Congress, was as to the individuals to be con. fication? He thought that there should be examination, and he was willing to pay up to the present day for the progress of the work, and he thought $20,000 sufficient at present.

tracted with, and that in the proviso that the price should not exceed that of the Diplomatic Correspondence. It had not been shown to have exceeded this stipulation. Congress ought to take their full share of blame, and not Mr. WILKINS explained that it was intended to pub- leave the whole on the Secretary. If the first contract lish a volume of this work before the next session of Con- was loose, the second was full of limitations. The congress. It must be a very strong case which would startle tract now cannot exceed twenty volumes, an expense of him from giving his sanction to any proposition for the 300,000 dollars, and a further provision that Congress extension of knowledge. He thought, however, that may appoint an agent to supervise the publication. He $20,000 would be sufficient to appropriate now, leaving it asked, on what pretence the Senate could depart from to a future session to make further appropriations. As their second contract. When the contractors agreed to yet, no part of the work had been submitted to Congress, the limitations of the committee, they fully expected to and, therefore, there was nothing done, and Congress meet with no further difficulty; and it would not be doing were yet in the dark as to its character. The contract justice to the contractors to violate this last contract, as had lost its sanctity of character, by the liberal manner in well as the former. The expenditure would be 25,000 which the contractors had agreed to limitations and modi-dollars a year, for perhaps six, eight, or ten years, and fications. If it were, therefore, a simple reduction of the work would be a very important one. The contract appropriation, he would agree to it, considering that as was an improvident one, and he had at first thought it sufficient to pay in advance. He admitted it was a ro- would be well to get rid of it by paying 40 or 50,000 ving commission, for which Mr. Livingston was justly dollars. But as the contractors had liberally agreed to limitations, it was due to them to fulfil the second conMr. CHAMBERS placed a paper on file from the contract. If it should be hereafter said that useless docutractors, in which they yield any claim for payment in ad-ments were introduced, Congress could then arrest the vance for the first volume, until it shall be published. appropriation. He expressed his hope that a useful lesMr. MANGUM said, it was his original feeling to arrest son would be drawn from this case, and that improvident the progress of this contract at once. He had now, how-expenditures of this kind would hereafter be avoided. ever, come to a conclusion that the contract was void; Although, when the law was passed, the extent of the apand, if he should be sustained in this view, no act of Con-propriation was not understood, it was the fault of Congress could establish a vested right under such a contract.gress, who had not looked into the petition of the conBut it was a grave question, involving the rights of indi-tractors. He should vote for the appropriation. viduals. He desired examination; and if the contract Mr. FORSYTH modified his amendment, by inserting was declared to be valid, it ought be fulfilled, be the cost" proper accounting officers," instead of "Secretary of what it may. He had moved $20,000 to pay any expen-the Senate." He suggested that the second contract was ses of the contractors thus far; and, if a judicial issue not binding. He asked for the yeas and nays on the could be obtained, he would prefer that mode of settling amendment. the validity of the contract. The work of selection ought to be confided to the most able and experienced man in the printing of the work. the country, and separated from the mechanical department. He would not now vote for an abrogation of the contract.

censurable.

Mr. LEIGH asked if this proposition would prevent

Mr. FORSYTH said it would, except at the risk of the contractors.

JUNE 21, 1834.]

General Appropriation Bill.—Death of Lafayette.

[SENATE.

Mr. LEIGH took the ground that Congress had no right King of Georgia, Linn, McKean, Mangum, Morris, Presto violate a contract made by the Secretary of State, un- ton, Robinson, Shepley, Tallmadge, Tipton, White, Wilder their authority, because they had not a right to make kins, Wright.-23. such contract. He then read the law, to show the loose- NAYS.-Messrs. Bell, Benton, Chambers, Clay, Clayness of its provisions, and stated the illimitable power of ton, Ewing, Frelinghuysen, Kent, Leigh, Naudain, Poinselection which it conferred on the contractors. The dexter, Porter, Prentiss, Robbins, Silsbee, Smith, Southvalue of such a work depended materially on the ability ard, Sprague, Tomlinson, Tyler, Waggaman, Webster. and the temper of those who executed it. He asked-22.

what would have been the effect, if Hume or Henry had

DEATH OF LAFAYETTE.

been employed to write the Documentary History of the During the preceding discussion, the consideration of Stuarts, or Dr. Lingard to write the Documentary History the appropriation bill was suspended by general consent; of the Reformation? The Documentary History of the when

United States might be as well extended to two hundred A message was received from the House of Representvolumes as limited to ten. It was the duty of the Secre-atives, by Mr. Franklin, their Clerk, stating that the House tary of State to have looked into the details and correct- had passed a joint resolution providing for a joint comed the defectiveness of the law. Although this was a mittee to consider and report by what token of respect contract which ought not to have been made, it must not and affection it was proper for Congress to manifest the be violated. This was what the world would say, and deep sensibility of the nation on the event of the decease what a chancellor would say. He thought it would be of General LAFAYETTE. the best way to appropriate for the first volume, and leave it to Congress hereafter, if it should be found necessary, to rescind the contract, under the same circumstances which would justify the rescinding of a treaty. The yeas and nays were then ordered.

Mr. WEBSTER said, that he had prepared a resolution, which, as it happened, was almost in precisely the same words as that now received from the House. He should have presented it as soon as the Journal was read, had it not been intimated to him that, probably, a communication would be made to Congress, on this interesting occasion, by the President. In consequence of that intimation, he had forborne, for the moment, to propose the resolution; but, as the House had so promptly moved in the business, he rose to move that the Senate concur in the resolution, and appoint a committee on its part.

Mr. CLAYTON expressed his general coincidence with the views of the gentleman from Virginia. He had no recollection of the bill which had been passed on this subject, and did not know even whether he voted for it or not. He did not perceive any ground for imputing fraud to the contractors, but he thought the law should not have been passed, and that the Secretary had transcended his The motion having been agreed to, Mr. POINDEXTER authority. He was not disposed to perform the contract suggested that the committee consist of nine members. if he could honorably get rid of it. He saw no other Mr. FORSYTH named thirteen, the number of the old course than that suggested by the Senator from Pennsyl-States, as the most appropriate. This last number was vania, to reduce the appropriation, so as to make it mere- agreed to; and, ly enough to pay for the first volume, and the adoption of the amendment suggested by the gentleman from Mississippi, calling for information from the Secretary of State. He said that he should receive a lesson from this case. The bill had passed at the close of the session, and without sufficient deliberation.

On motion of Mr. CHAMBERS, the committee was appointed by the Chair.

The following message was then received from the President of the United States, by Mr. Donelson, his Secretary:

To the Senate and House of Representatives: Mr. CALHOUN said that Congress had no authority to make the contract, and that it was ab initio void. He de-ous LAFAYETTE has been received by me this morning. The afflicting intelligence of the death of the illustrisired the contractors to be indemnified for their expense I have issued the general order enclosed, to cause apand labor; and he would vote for the amendment of the propriate honors to be paid by the army and navy to the gentleman from Georgia. Mr. WEBSTER said the provision suspends the con- countrymen; and whom Providence has been pleased to memory of one so highly venerated and beloved by my tract; while the proviso says that it neither affirms or dis-remove so unexpectedly from the agitating scenes of life. affirms the contract. If we have no constitutional power ANDREW JACKSON. to make the contract, we have none to make compensa- WASHINGTON, June 21, 1834. tion to those who suffer from its violation. On motion of Mr. FORSYTH, the message was referMr. BIBB made an explanation as to this point, view-red to the joint committee appointed on this subject. ing the amendment as an injunction to the parties not to proceed until examination.

Mr. WEBSTER said this was the first instance of an injunction issued by a party in their own favor. The amendment was to pay expenses incurred, and he could not vote for that if the contract were disaffirmed.

GENERAL APPROPRIATION BILL.

The Senate then resumed the consideration of the appropriation bill; when

Mr. BIBB submitted an amendment, making an appropriation of four hundred dollars for recording the decisions of the Supreme Court; which, after a short discussion, was rejected.

Mr. EWING was of opinion that the contract was sacred, and must be fulfilled. If the Congress wash their hands of the contract, it must be got rid of entirely, and Mr. BIBB submitted a further amendment, appropriaCongress would not be justified in voting a gift to the ting $800 as additional compensation to the judge of the contractors. He thought the law an injudicious one, but western district of Florida, for services rendered under he could not vote to abrogate or suspend the contract. the land laws, in addition to the sum of 1,600 dollars apAbrogation and suspension were similar powers, and Con-propriated as additional compensation to the judges of the gress had no more right to abrogate than to suspend. eastern and southern districts of the same Territory, for Mr. CALHOUN thought it a clear principle, that if in- the same object; and Justice was done to an individual, Congress was bound to compensate him.

The question was then taken on the amendment of Mr. FORSYTH, and decided as follows:

YEAS.-Messrs. Bibb, Black, Brown, Calhoun, Forsyth, Grundy, Hendricks, Hill, Kane, King of Alabama,

Mr. PRESTON submitted an amendment, continuing in force, for one year, the act of 1st July, 1832, and the supplemental act of March, 1833, for the establishment of a board of commissioners, and a recorder, for the adjustment of land titles in Missouri; both of which amendments were adopted.