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SENATE.]

Judicial System.

[Jan. 4, 1836.

en.

praying for a recharter, and refer it to the Committee on As the law now stood they were divided into several the District of Columbia.

districts. He wished to know whether the same judge Mr. BENTON said he should to-morrow submit a was to hold courts in the two districts in Pennsylvania. resolution to refer the memorials of all these banks to a There was a clause in the bill which gave a direct apselect committee. He wished an inquiry instituted into | peal from the circuit to the district courts. He would the affairs of these banks: the manner in which their like to know, also, whether Pennsylvania was included business had been conducted, the amount of capital in that provision; and spoke of Mobile as an eligible employed, and if necessary for the commercial wants of point for a circuit court to be established in Alabama. the District. He preferred that the memorial should Mr. PORTER said, if the gentleman from Alabama lie on the table till to-morrow.

[Mr. King] could show the Senate that the one judge Mr. KENT expressed the hope that the gentleman could not perform the duties in his district, he (Mr. P.) would permit the memorial to take the usual course. would be willing to modify the bill to meet bis views.

Mr. BENTON said that, in order that the Senate Mr. KING, of Alabama, did not wish to throw any obmight not be taken by surprise, he would inform the stacles in the way of the passage of the bill. He thought Senate that he intended to-morrow to make a motion to a point somewhere between the northern and southern go into an investigation of the concerns of these banks. division in bis disirict would best accommodate the State He should move for a pretty extensive committee.

He

he represented. Business would naturally go to the would not repeat in the Senate the charges he had central point, and it would be a saving in the mileage of heard against these banks. But if a tithing of what he witnesses, &c. He would like the modification. had heard concerning them was true, those petitioners

Mr. LEIGH said he understood there were two dis. ought to have leave to withdraw their petitions.

trict courts in Alabama. His purpose was to extend the The petition was then referred to the Committee on jurisdiction of the circuit courts over the whole State. the District of Columbia.

He would suggest an amendment, which he thought JUDICIAL SYSTEM.

would meet the views of the gentleman, (Mr. King, of

Alabama,) which was to strike out “southern district” The bill supplementary to the act entitled an act to and insert the “ several districts.” That would place amend the judicial system of the United States was Alabama in the same situation with North Carolina. He taken up as the special order of the day.

would therefore move to amend it; wbich was agreed to. Mr. CLAYTON said this bill had passed the Sen Mr. L. suggested another amendment, to make the ate at the last session, by a vote of thirty-one to five. bill correspond with North Carolina and Virginia; The plan adopted in the bill, he thought, was not the which was to make it read “the district of Maryland, best possible plan that might have been adopted; and the eastern district of Virginia, and the district of North he was one of the five that bad voted against it at the Carolina." last session. But the subject had been before Congress Mr. PORTER moved to insert, after the word “Delaa number of years, and the action upon it had been ware," the words “ eastern district of Pennsylvania;" greatly procrastinated. He was, under existing circum- which was agreed to. stances, at present disposed to acquiesce in its provi Mr. CLAYTON moved to make Delaware read “the sions and vote for the bill. It was not necessary, as the district of Delaware;" which was agreed to. bill had been acted on at the last session, to go into a Mr. KING, of Alabama, moved to strike out the word discussion of the merits of it.

“ southern,” in the third section; which was agreed to. Mr. GOLDSBOROUGH suggested an amendment as Mr. WRIGHT felt as if he and his colleague would be to the day of holding the courts, so as to make the very inexcusable were they to let the bill pass in its “ first of May” read “the first Monday of May,” &c. present shape. Mr. W. set forth, at some length, the

Mr. CLAYTON said it had been intended by the particular objections to the bill, as related to New York. committee that it should read as the gentleman (Mr. He would not propose an amendment now; but before GOLDSBOROUGH) had suggested, and that its not reading the bill was ordered to be engrossed, he wished to reso was perhaps a clerical error. Mr. GOLDSBOROUGH's serve the right to offer an amendment. amendment was agreed to.

Mr. PORTER said that, as this bill had progressed so Mr. BLACK moved an amendment, by striking out far towards its final passage, he would suggest to the “Natchez,” and inserting “ Jackson;" and made some gentleman from New York [Mr. Wrigur) the proremarks in favor of it.

priety of bringing in another bill embracing his object. Mr. CLAYTON stated he had no objection to it. In the Western country, they thought this bill had been

Mr. PORTER thought the increase of travelling by much delayed. He felt anxious for the early passage the judges, which would be caused by the amendment of it. offered by the gentleman, [Mr. Black,] would make Mr. CLAYTON suggested another amendment, to the performance of their duty very beavy on them. correspond with the amendment already made in relation

Mr. BLACK said it was only forty-five miles from to Alabama. Pittsburg to Jackson, and a daily mail was now running Some conversation between Mr. LEIGH and Mr. between those places; also, that a railroad would soon be CLAYTON, respecting the amendment of Mr. CLAYTON, completed on that route, which he thought would meet took place, when the objection of the gentleman from Louisiana, [Mr. Mr. CLAYTON said he would take occasion to stale PORTER.)

he was willing to co-operate with the gentleman from Mr. BUCHANAN, for one, would be willing to take New York [Mr. Wright] in a separate bill for the the suggestion of the gentleman from Mississippi, [Mr. regulation of the western district of New York, and BLACK.) But he would suggest, himself, that a good deal thought he (Mr. W.) had better let this bill pass. of commercial and maritime business accrued at Natchez; Mr. WRIGHT could not comply with the request of many matters of small amount were litigated there, and the gentleman from Delaware, (Mr. Clayton.] The he thought it would be burdensome to the parties to bill had come up before he had anticipated it. He oblige them to follow their small claims to Jackson. would, however, convince the Senate of the propriety Mr. Black's amendment was agreed to.

of the amendment he would offer. He would venture to Mr. KING, of Alabama, said, of the district of Penn. say that the judge would never pass through his circuit sylvania and other districts one circuit bad been formed without passing through Albany, either going or returnin the bill, as he understood it.

ing. He spoke of the vast amount of business that

JAX. 4, 1836.)

Judicial System.

(SENATE.

ana.

originated in the city of New York, for the United States be the effect. The bill was lost the last year in consecourt. He objected to a separate bill. His constituents quence of the amendments that delayed it. Perhaps would complain, and ask why they were taxed with a the Senator from Pennsylvania might be enlightened, separate bill, when a general bill had passed. The and think that a similar amendment was necessary for amendment he should propose would adopt the feelings his State, and, in moving it, occasion further embarrassof his constituents. He did not say so by way of threat, ment to the bill. but by way of persuasion. Mr. W. then moved to insert Mr. WRIGAT said that there was one remark he was after the word “hereafter,” in the ninth line of the first compelied to make in reply to the Senator from Louisisection, the words “the districts of Vermont, Connecti He understood that gentleman as saying that he cut, and New York, shall constitute the second district.” | had attacked the bill by throwing obstacles in its way.

Mr. CLAYTON observed that, as this amendment was (Mr. Porter explained. He said tacked, not atpressed by the Senator from New York, he would not tacked. He had expressed the hope that the gentleman oppose it. He would, however, ask the honorable Sena would not throw obstacles in the way of the bill, by tor if he had sufficiently considered the details of the tacking other objects to it.) bill, and how far the amendment would interfere with Mr. WRIGHT said he was glad he had misunderstood them. He should regret if the bill was retarded by the the gentleman, who was himself mistaken as to the time amendment. He would also ask whether the judge who of the introduction of the measure contemplated by the is to perform the duties contemplated by the amendment amendment. Long before any effort had been made to would be willing to encounter ihe additional labor, and extend to Alabama the circuit system, an effort had been whether he had not already as much business as he could earnestly, though respectfully, made to extend it to the attend to. He was willing, however, to take the amend-northern portion of New York. The gentleman did ment as offered by the gentleman from New York, leav. not seem to appreciate the geographical situation of ing it to him to make such other amendment as the de. New York, nor consider the great extent of its frontier tails of the bill rendered necessary.

requiring this system. He and his colleague had been Mr. WRIGHT was aware that some additional amend asked not to press their amendment at this stage of the ment, as to the time and place of holding the court, bill. But did the gentlemen from Alabama and Louisiwould be necessary; and if the amendment should be

ana suppose that they could do their duty without adopted, he or his colleague would submit the proper pressing this measure? As to the details, he confessed motion.

he had not sufficiently examined them to conform his Mr. KING, of Alabama, observed that, as the Sen- amendment to them at this time. But gentlemen must see ator from New York had thought proper to introduce that this was a mere matter of form, and the gentlemen this amendment, other Senators coming from States from Connecticut and Vermont, and himself and colwhere there was no more than one district judge might league, could not differ with regard to them. The gen. be induced to offer a similar amendment. Why, he tleman from Louisiana had asked him not to press this asked, was not this inconvenience as regards New York | amendment, and thus bring down on the bill the thought of before? He asked the Senator if it was numerical force of the New York members in the other right at this time to throw obstacles in the way of a bill House. Now, it was to make the bill acceptable to this so important to the new States-a bill fraught with a numerical force, that he had introduced the amendment. measure which he conceived they had a constitutional Mr. BUCHANAN said he had been too long followright to, which they had been so long contending for, ing the same lights on this subject to be enlightened at and which they were now about to obtain? He hoped this time, as the Senator from Louisiana supposed he the amendment would not be pressed at this time. If, might be. He had been endeavoring for many years to hereafter, the gentleman, on finding that the judge can extend the circuit system to the new States, and should perform the additional duties required, chooses to intro- continue his exertions until that object was accomplish. duce the measure in the shape of a separate bill, he ed. What was the single proposition before the Senate! would most readily extend to him the helping hand. It was to extend this system to two of the new States But he trusted that a bill which was to render the judi- who were justly entitled to it, and who had so long been ciary system uniform throughout the Union, which the deprived of it. That was the sole proposition. It was new States had endeavored year after year to get so considered when the bill was introduced, and was so through, would not be embarrassed by obstacles thrown considered by the Judiciary Committee, who had it un. in its way, when it was about to pass. He should vote der examination and reported on it. It was admitted against the amendment, though he hoped it would be that it was desirable to extend this system to New York; withdrawn.

but suppose it was done by the amendment, what then Mr. PORTER said he felt very much embarrassed at would be the duty of the Senators from Pennsylvania? the situation in which he had been placed by the amend. The western district of Pennsylvania was not entirely ment. He was favorably disposed towards the objects inland. It had considerable maritime frontier, and he it contemplated, though he feared it might somewhat understood to-day, for the first time, that there was a embarrass the important measure before them. He did petition, numerously signed, from the western part of hope that the gentleman from New York would not Pennsylvania, for the establishment of a circuit court for press the amendment at this stage of the business; that their benefit. Could be and his colleague, then, sit he would not throw obstacles in the way of an impor-still, and not ask this for Pennsylvania, when they tant measure, by tacking to it objects that might be ac saw the same favor granted to New York? He would complished in a separate bill. This bill had been before prefer, however, that the circuit system should be exthe Senate at the last session, and if the claims of New tended both in Pennsylvania and New York by a sepaYork were so very strong, and the inconveniences un. rate bill; and he would advise gentlemen from New der which she suffered were so great, surely they ought York to wait, and go pari passu with Pennsylvania in to have occurred to the gentleman then. He felt, how- accomplishing an object so desirable to both. We ever, that, in opposing the amendment, his hand was on want, said Mr. B., the same advantages for the western the lion's mane. There were forty-two members from district of Pennsylvania, that they want for the northern New York in the other House, and he feared that if the district of New York; but we shall give no vote that bill passed without the amendment, it would be greatly will embarrass the passage of the bill. embarrassed there. He was confident that the gentle. Mr. NILES said there were two district courts in man did not intend this, but he feared that such would Connecticut. The business in them was merely nominal.

Senate.]

National University-Judicial System.

[JAN. 5, 6, 1836.

row.

The court was sometimes one and sometimes two days bullion and exchange; to inquire how far banks of any in session. He thought the difficulty suggested of per kind are wanted for the uses of the federal Government forming the tour not a formidable objection. So far as the in this District; and wherefore the Treasurer of the constituents he had the honor to represent in part were United States may not act as keeper and payer of the concerned, he had no doubt they would be in favor of public moneys within the District of Columbia, and the amendment of the gentleman from New York, [Mr. drawer of checks and drafts in favor of those who choose Wright.] He felt anxious for the passage of the bill. to receive their money elsewhere. The said committee But he would ask how the bill was to be embarrassed? to have leave to employ a clerk, and to report by. bill or Certainly not by making it more acceptable to a large otherwise. portion of the country. By making it more accepta.

JUDICIAL SYSTEM. ble, a better feeling would exist towards it, which would be more likely to secure its passage.

On motion of Mr. CLAYTON, the Senate proceeded Mr. CLAYTON said, on the whole, he felt disposed to the consideration of the bill in addition to the act to to vote for the amendment of the gentleman from New amend the judiciary system of the United States. York, (Mr. Wright,) and also for the amendment men Mr. TALLMADGE moved an amendment in the sec. tioned by the gentleman from Pennsylvania, (Mr. Bu ond section, after the word "annually,” in the twentieth Chanan,) if that gentleman should offer it. All he line, by inserting the words “in the northern district asked of gentlemen was to make the bill to-day as per of New York, at Albany, on the first Tuesday in June fect as possible, in order that it might be passed to-mor and the second Tuesday in October;" which was

The Senator from New York might, on the third agreed to. reading of the bill, by general consent, offer such Mr. BUCHANAN moved an amendment in the tenth amendments as would render the details perfect.

line of the first section, to make it read “the eastern After some further remarks from Messrs. DAVIS, and western districts of Pennsylvania." Also, in the BLACK, TALLMADGE, MOORE, SHEPLEY, PREN second section, fifteenth line, by inserting the words TISS, and KING of Alabama, the question was taken, in the western district, in the city of Pittsburg, on the and Mr. Wright's amendment was adopted: Yeas 28, 17th day of March;” which was agreed to. nays 12, as follows:

Mr. B. also introduced an amendment to prevent the Yeas-Messrs. Benton, Black, Clayton, Davis, Golds bill in its operation from interfering with the holding of borough, Grundy, Hendricks, Hill, Hubbard, Kent, the courts in Utica, in the State of New York, and Wil. Knight, Leigh, Moore, Morris, Niles, Porter, Prentiss, liamsport, in the State of Pennsylvania; which was Robbins, Robinson, Ruggles, Shepley, Swift, Tallmadge, agreed to. Tipton, Tomlinson, Wall, White, Wright-28.

Mr. CLAYTON moved an amendment in the fourth Nars--Messrs. Brown, Buchanan, Calhoun, Clay, section, after the word “ Alabama," in the eighth line, Crittenden, Ewing, King of Alabama, King of Georgia, by inserting the words “the northern district of New Linn, McKean, Mangum, Southard-12.

York, and western district of Pennsylvania;" wbich was After some verbal amendments were agreed to, sub-agreed to. mitted by Messrs. CLAYTON and LEIGH,

After some further verbal amendments, On motion of Mr. CLAYTON, the bill was laid on the The bill was ordered to be engrossed for a third table, and

reading The Senate adjourned.

Several bills were severally read the third time, and passed; when,

On motion of Mr. WEBSTER,
TUESDAY, JANUARY 5.

The Senate proceeded to the consideration of execu-
NATIONAL UNIVERSITY.

tive business, and when the doors were opened, Mr. LEIGH, from the Committee on the Judiciary,

The Senate adjourned. to whom the subject had been referred, made a report on the legacy of the late James Smithson, of London, for a university in the District of Columbia, accompanied

WEDNESDAY, JANUARY 6. hy a joint resolution authorizing the President of the

DISTRICT BANKS. United States to appoint an agent or agents to take the

On motion of Mr. SOUTHARD, the consideration of necessary steps to secure said legacy for the purposes

the resolution on the District banks, offered by Mr. mentioned and specified in the will. Read, and ordered to a second reading, and the report ordered to be

BENTON, was postponed till Monday next.

Several other resolutions on the table were severally printed.

considered and agreed to. DISTRICT BANKS. Mr. BENTON offered the following resolution, which

JUDICIAL SYSTEM. lies one day for consideration:

The bill to amend the judicial system of the United Resolved, That a select committee of five members be States, (adding one to the number of judges of the Suraised, to act jointly with any committee raised for simi- | preme Court, and altering the judicial districts, &c.,) lar purposes by the House of Representatives, to whom was read a third time. shall be referred all the petitions now presented to the Mr. BLACK called for the yeas and nays on the pas. Senate for the renewal of bank charters in the District sage of the bill, and they were accordingly ordered. of Columbia, with authority to examine into the conduct Mr. BENTON observed that he would not have said and condition of said banks; and for that purpose to one word relating to this bill, if the yeas and nays bad have authority to send for persons and papers, to inspect not been called; and, as they were called, he would not books, and to examine witnesses on oath; also, to ex say more than a dozen. He should vote for this bill, amine into the condition of the currency in the District because it suited the section of country from which he of Columbia, and the means of improving it, and ap came, and because it was also desirable to several States proximating it to the currency of the constitution; also, that it should pass. He had, however, objections to it, to inquire into the necessity, if any, for banks of circu- which he should not then trouble the Senate with a delation in the District of Columbia, in contradistinction tail of; and before he gave his vote he wished it disto banks of discount and deposite, and for dealing in tinctly understood that he had objections, and if ever

Jax. 6, 1836.)

Regulations of the Senate Chamber.

[SENATE.

he was called on to state them, either there or else- the same as it is now. The resolution adopted for the where, he was ready to do so. One word, while he was regulation of the Senate chamber, and now in force, up, in reference to a remark of the chairman of the was tbe same, verbatim et literatim el punctualum, as the committee the other day. He (Mr. B.) also objected one adopted by the House of Representatives. Until to seeing the judges a debating body, though he should the adoption of the present regulation, the Senate had wish to see as many judges as twelve. He meant as experienced great inconvenience. He would like the many as twelve on paper, for he did not believe that honorable Senator from South Carolina [Mr. Preston] if the number of the bench consisted by law of so many, to point out some means of prevention against the intruthey would ever be all present on tbe bench at one time. sion of a crowd. Would the inducements to the collec

Mr. CLAYTON said his objections were the very option of a crowd be any less than heretofore! Would any posite of the objections of the Senator from Missouri, Senator refuse the admission of any one who would ask (Mr. BENTON.] He (Mr. C.) was opposed to increasing him? Persons were much exposed in crowds.

On one The number of judges to twelve. He hoped the pas- occasion an honorable gentleman had had his pocket sage of this bill would put that question for ever at rest, picked in a crowd in the gallery. The attraction of an and that the number of judges never would exceed nine, audience was great. There were occasions on which at most.

gentlemen would withdraw their attention from the buMr. PORTER rose briefly to remark that it was siness before the Senate, and turn round to more attracrather s!range to hear a gentleman say he was about to tive objects in the gallery. He was willing to afford vote for a bill, but had some objections to it. That oc. further facilities to spectators by making some additional curred with regard to almost every bill that came be- exceptions to the rule prohibiting them, but he was opfore the Senate. Members bad some small objections posed to any measure calculated to disturb the public to important measures, but waived them on account of business. the greater good to be obtained. He should regret Mr. PRESTON said that, under the late rule, as far that the bill went to the other House under the disad as his experience went, and he believed his and the genvantage that there were serious objections to it. With tleman's (Mr. Porter's) was about the same, he thought respect to the number of judges on the bench, he should the business of the Senate had been as well conducted much regret to see more than twelve; for although as at any time. The presence of an audience evidenttwelve men might be stronger than six, he never could ly excited them to a more faithful discharge of their believe that they were wiser.

duty. It was a privilege incident to all deliberative boThe question was then taken, and the bill was passed: dies, and one that ought not to be withheld. He flatYeas 38, nay 1, as follows:

tered himself that he was not more susceptible of those Yras-Messrs. Benton, Black, Brown, Buchanan, attractions alluded to by the gentleman (Mr. PORTER] Calhoun, Clayton, Crittenden, Davis, Ewing, Golds- than the gentleman himself; and he was very certain borough, Grundy, Hendricks, Hubbard, Kent, King they had never hindered him (Mr. Preston) in the disof Alabama, Knight, Leigh, Linn, McKean, Mangum, charge of his duties. He had experienced much inconMoore, Morris, Niles, Porter, Prentiss, Preston, Rob venience under the present rule. He had at times, in bins, Robinson, Ruggles, Shepley, Southard, Swift, the press of important business, been called three or Tomlinson, Tyler, Wall, Webster, White, Wright-38. four times at the door to persons who wished to see him. Nar-Mr. Hill--1.

The rescinding of the rule would not be attended with

so much inconvenience in the Senate as in the House of REGULATONS OF THE SENATE CHAMBER.

Representatives, where the throng was more general. Mr. PRESTON moved the consideration of the reso It seemed to him that the whole organization of the lution offered by him some days ago, and which in bis Senate had fallen upon a very limited number of mem. absence had, on motion of Mr. Tipton, been laid on bers, the table.

It did not seem to him that there would be any diffi. The resolution reads thus:

culty in vesting the Senate with the power to say what Resolred, That the regulations in relation to the Sene number of spectators should be admitted. He did not ate chamber and galleries, adopted at the present ses believe it would be indiscriminately exercised. He had sion, bę rescinded, except so much as relates to the re himself refused admission to persons applying to him on porters.

certain occasions, and he believed other Senators would Mr. PRESTON said the object of the resolution was exercise a reasonable discretion also. The gentleman to establish things as they were before the adoption of (Mr. Porten) had alluded to the circumstance of a the resolution now in force in the Senate, except as re gentleman having his pockets picked. He trusted garded the reporters, who were excepted in the resolu- the pocket that was picked belonged to the honoration he bad offered-seats having been provided for ble gentleman who had introduced the person who did them, by the existing resolution, on the floor of the Sen- it. The privilege of witnessing the proceedings of the

It was a privilege which, like others, might be British Parliament was not denied the public. It had abused; but inconvenience might, by proper circum- been stated that the presence of an audience was apt to spection in future, be avoided. It was very desirable to divert the discussion of subjects before the Senate into have persons in the lobby who had business, without go other channels. He was not averse to the Senate exering out during the session to speak with them. The cising a proper influence upon popular opinion, and he lobby might, on extraordinary occasions, be crowded to could see no reason why the Senate should not have the some extent, but he thought it might be restricted on same liberty in that respect that other bodies had. They any occasion within proper bounds. He thought so had all firmness enough to secure the Senate from the grave, so dignified, and so aged a body, might safely be inconveniences growing out of the extension of the trusted with the privilege of keeping open doors. The privilege. He would be glad to see the resolution pass, supposed necessity of such a provision would induce a or modified so as to suit the gentleman. circumspection that would guard against the inconve Mr. PORTER wished to exclude the idea that lie was niences heretofore experienced.

opposed to the proceedings of the Senate being made Mr. PORTER understood the Senator from South public. There are professional persons here, said he, Carolina (Mr. Preston] to regard the rule adopted as whose business it is to take an account of the proceedan innovation upon the rules of the Senate. Until withings of the Senate; and others, who are connected with in a very few years back the regulation was precisely newspaper establislıments, have access to us. He would

VOL. XII.-5

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SENATE.)

Regulations of the Senate Chamber.

[Jan. 6, 1836.

be sorry any Senator should be so unfortunate as to have and constituents, without losing any part of the business his pockets picked. The gentleman who had had his going on. He felt that there was much force in the repocket picked, no doubt, was deceived in the charac- marks of the gentleman from South Carolina, that the ter of the person whom he had introduced.

public eye should not be shut on the proceedings of that He thought the gentleman (Mr. PresTON) was not so body. He wished for himself, and for those with whom old as to be impervious to the attractions of the ladies. he acted, to have a fair chance on that floor; for he beNo doubt, the animating motive was the country's good; lieved that, if a fair chance was to be bad, it would only but he would ask the gentleman if the splendid figures be had on that side of the Capitol. Again, he was not of speech the Senate had witnessed on certain occasions, willing to incur the risk of the imputation that might be were not stimulated in some degree by the smiles of the cast on them, in consequence of restricting the admisladies? Some part of the gallery had been appropri- sions into the chamber, that the Senate did not wish to ated to the members of the other branch, and the adop- give the utmost publicity to its proceedings. As to the tion of this rule would tend to exclude them.

galleries, they should be thrown freely open to all. It Mr. CALHOUN was disposed to put this question upon was what the public had a right to expect, and he hoped different grounds from what either of the gentlemen who the Senator from Delaware would modify his resolution had spoken upon it had. Our Government was a pop so as to meet their just expectation. ular Government, and he was disposed to accommodate Mr. CLAYTON was perfectly willing to take the sugas much as possible the people that belonged to it. gestions of the gentleman from North Carolina. His Those galleries were made for the accommodation of only object was to admit as many as possible in the cirthe public, and the public had a right to the use of them. cular gallery, without excluding the ladies. He thought The smaller gallery had been thrown open, but the the restrictions as to the floor of the Senate should still more commodious one had been closed against aged be continued. persons and others, unless they had females under their Mr. PRESTON regretted that his friend from Delacharge. And shall we (said Mr. C.) keep that gallery ware should persist in giving the same effect to bis (turning to the circular gallery) continually shut against amendment. He was inclined to think that the inconthe people of this Union? He had higher objects in veniences under the old rule had been much exaggeraview than some of the gentlemen who advocated the ted. No deliberative body had ever conducted its busipassage of the resolution. He looked to the great ness in a more orderly manner than the Senate, and in struggle they were going to have in that body (the Sen none had there been less interruption to the proceedings. ate) with one branch of the Government; and it was As for accidents such as bad been alluded to by the plainly to be seen, by the course pursued in relation to Senator from Louisiana, they were unavoidable, and this resolution, wbo were the advocates of power, and might occur any where; for he had heard that a gentleby whom secrecy was desired. In a struggle between man had been robbed at a private party in Washington. power and the people, between power and liberty, an But he put it to gentlemen, if the business of the audience was materially necessary. In the great strug- Senate bad not always been conducted in the most orgle for liberty the galleries were thrown open. The derly manner, and whether they would continue these reports were thrown coldly on the world, and could not restrictions cn account of the slight inconveniences that be relied on.

He would suggest that a certain number had attended the operations of the old rule. On wbat of tickets should be given out, in order to prevent the occasions, he asked, had such great crowds been colgallery from being crowded to excess. He would hold lected there? Why, on occasions of great excitement, that the generous-minded ladies themselves would fully when subjects of desp and absorbing interest were deaccord with his views. Mr. C. concluded his remarks bated, and he was very willing on such occasions to subby demanding the yeas and nays.

mit to slight inconvenience, rather than exclude any Mr. CLAYTON moved to amend the resolution by who could by possibility be admitted. He had witnessstriking out all after the word “resolved,” and inserting ed, for many years past, the occasional throngs which

“'That the circular gallery of the Senate chamber be debates of great interest and importance had collected open for the admission of spectators, and that each Sen. there, and, although almost suffocated by the crowds, ator be allowed to admit any number not exceeding yet there had been

no interruption to their proceedings. three into the lobby of the Senate in front of the chair. If any were excluded, he did not hesitate to say that it

Mr. MANGUM thought it to be very desirable that should be the ladies rather than those who came from the Senate should throw open its galleries entirely, and different parts of the Union, to hear and report what that the restrictions should apply to the number of per. passed in that body. He was not disposed to give to sons to be admitted on the floor of the Senate. He bad the ladies more than their sex deserved; it was not desiwitnessed, under the change of the rule, in his own rable that they should be there at all. It was man, person, decided inconvenience, yet he should be willing thinking man, for whom they acted, who should superto agree to any modifications of the resolution the gen. intend their proceedings. He again repeated the belief tleman might choose to propose, provided the galleries that the inconveniences under the old rule bad been were thrown open to spectators. Under the old rule, greatly exaggerated-be bad never seen the business spectators were not permitted to come within the bar of in any manner interrupted. He laid down this general the Senate, nor to go behind the pillars, therefore no proposition, that it was the bounden duty of that body very great inconvenience was occasioned by their ad. to give to the public, to the utmost extent, the proper mission. He, himself, though occupying a seat of the accommodation. He objected to the limitation proposed outer range, had experienced no inconvenience from by the Senator from Delaware. They had already closed the spectators. He would agree to the resolution, if more than half of their bouse to spectators; the small the restrictions were confined to the floor of the Senate, gallery was daily crowded almost to suffocation, while the but he would never agree that the galleries should be circular gallery seldom contained more than a dozen closed. There would be one inconvenience, however, ladies. He believed that no serious inconvenience had in the restrictions, as to the floor of the Senate. We resulted from the old rule, and be hoped that his resoluhave, said he, strangers here from all parts of the Union, tion would be permitted to pass without limitation. and we have, in our intercourse with them, to go out of Mr. CALHOUN said he should vote for the resolution the chamber, thus incurring the risk of being absent of his colleague, with the amendment of the Senator from when a vote is taken; while, under the old rule, we Delaware, because he wished to take the question as to could still have the necessary intercourse with our friends I opening the galleries. If, hereafter, it should be found

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