Abbildungen der Seite
PDF
EPUB

SENATE.]

Judicial System.

praying for a recharter, and refer it to the Committee on the District of Columbia.

Mr. BENTON said he should to-morrow submit a resolution to refer the memorials of all these banks to a select committee. He wished an inquiry instituted into the affairs of these banks: the manner in which their business had been conducted, the amount of capital employed, and if necessary for the commercial wants of the District. He preferred that the memorial should lie on the table till to-morrow.

Mr. KENT expressed the hope that the gentleman would permit the memorial to take the usual course.

Mr. BENTON said that, in order that the Senate might not be taken by surprise, he would inform the Senate that he intended to-morrow to make a motion to go into an investigation of the concerns of these banks. He should move for a pretty extensive committee. He would not repeat in the Senate the charges he had heard against these banks. But if a tithing of what he had heard concerning them was true, those petitioners ought to have leave to withdraw their petitions.

The petition was then referred to the Committee on the District of Columbia.

JUDICIAL SYSTEM.

The bill supplementary to the act entitled an act to amend the judicial system of the United States was taken up as the special order of the day.

Mr. CLAYTON said this bill had passed the Senate at the last session, by a vote of thirty-one to five. The plan adopted in the bill, he thought, was not the best possible plan that might have been adopted; and he was one of the five that had voted against it at the last session. But the subject had been before Congress a number of years, and the action upon it had been greatly procrastinated. He was, under existing circumstances, at present disposed to acquiesce in its provisions and vote for the bill. It was not necessary, as the bill had been acted on at the last session, to go into a discussion of the merits of it.

Mr. GOLDSBOROUGH suggested an amendment as to the day of holding the courts, so as to make the "first of May" read "the first Monday of May,"

&c.

Mr. CLAYTON said it had been intended by the committee that it should read as the gentleman [Mr. GOLDSBOROUGH] had suggested, and that its not reading so was perhaps a clerical error. Mr. GOLDSBOROUGH'S amendment was agreed to.

Mr. BLACK moved an amendment, by striking out "Natchez," and inserting "Jackson;" and made some remarks in favor of it.

Mr. CLAYTON stated he had no objection to it. Mr. PORTER thought the increase of travelling by the judges, which would be caused by the amendment offered by the gentleman, [Mr. BLACK,] would make the performance of their duty very heavy on them.

Mr. BLACK said it was only forty-five miles from Pittsburg to Jackson, and a daily mail was now running between those places; also, that a railroad would soon be completed on that route, which he thought would meet the objection of the gentleman from Louisiana, [Mr. PORTER.]

Mr. BUCHANAN, for one, would be willing to take the suggestion of the gentleman from Mississippi, [Mr. BLACK.] But he would suggest, himself, that a good deal of commercial and maritime business accrued at Natchez; many matters of small amount were litigated there, and he thought it would be burdensome to the parties to oblige them to follow their small claims to Jackson. Mr. BLACK's amendment was agreed to.

Mr. KING, of Alabama, said, of the district of Pennsylvania and other districts one circuit had been formed in the bill, as he understood it.

[JAN. 4, 1836.

As the law now stood they were divided into several districts. He wished to know whether the same judge was to hold courts in the two districts in Pennsylvania. There was a clause in the bill which gave a direct appeal from the circuit to the district courts. He would like to know, also, whether Pennsylvania was included in that provision; and spoke of Mobile as an eligible point for a circuit court to be established in Alabama. Mr. PORTER said, if the gentleman from Alabama [Mr. KING] could show the Senate that the one judge could not perform the duties in his district, he (Mr. P.) would be willing to modify the bill to meet his views.

Mr. KING, of Alabama, did not wish to throw any obstacles in the way of the passage of the bill. He thought a point somewhere between the northern and southern division in his district would best accommodate the State he represented. Business would naturally go to the central point, and it would be a saving in the mileage of witnesses, &c. He would like the modification.

Mr. LEIGH said he understood there were two district courts in Alabama. His purpose was to extend the jurisdiction of the circuit courts over the whole State. He would suggest an amendment, which he thought would meet the views of the gentleman, [Mr. KING, of Alabama,] which was to strike out "southern district" and insert the "several districts." That would place Alabama in the same situation with North Carolina. He would therefore move to amend it; which was agreed to.

Mr. L. suggested another amendment, to make the bill correspond with North Carolina and Virginia; which was to make it read "the district of Maryland, the eastern district of Virginia, and the district of North Carolina."

Mr. PORTER moved to insert, after the word "Delaware," the words "eastern district of Pennsylvania;” which was agreed to.

Mr. CLAYTON moved to make Delaware read "the district of Delaware;" which was agreed to.

Mr. KING, of Alabama, moved to strike out the word "southern," " in the third section; which was agreed to.

Mr. WRIGHT felt as if he and his colleague would be very inexcusable were they to let the bill pass in its present shape. Mr. W. set forth, at some length, the particular objections to the bill, as related to New York. He would not propose an amendment now; but before the bill was ordered to be engrossed, he wished to reserve the right to offer an amendment.

Mr. PORTER said that, as this bill had progressed so far towards its final passage, he would suggest to the gentleman from New York [Mr. WRIGHT] the propriety of bringing in another bill embracing his object. In the Western country, they thought this bill had been much delayed. He felt anxious for the early passage of it.

Mr. CLAYTON suggested another amendment, to correspond with the amendment already made in relation to Alabama.

Some conversation between Mr. LEIGH and Mr. CLAYTON, respecting the amendment of Mr. CLAYTON, took place, when

Mr. CLAYTON said he would take occasion to state he was willing to co-operate with the gentleman from New York [Mr. WRIGHT] in a separate bill for the regulation of the western district of New York, and thought he (Mr. W.) had better let this bill pass.

Mr. WRIGHT could not comply with the request of the gentleman from Delaware, [Mr. CLAYTON.] The bill had come up before he had anticipated it. He would, however, convince the Senate of the propriety of the amendment he would offer. He would venture to say that the judge would never pass through his circuit without passing through Albany, either going or returning. He spoke of the vast amount of business that

[blocks in formation]

originated in the city of New York, for the United States court. He objected to a separate bill. His constituents would complain, and ask why they were taxed with a separate bill, when a general bill had passed. The amendment he should propose would adopt the feelings of his constituents. He did not say so by way of threat, but by way of persuasion. Mr. W. then moved to insert after the word “hereafter,” in the ninth line of the first section, the words "the districts of Vermont, Connecticut, and New York, shall constitute the second district."

Mr. CLAYTON observed that, as this amendment was pressed by the Senator from New York, he would not oppose it. He would, however, ask the honorable Senator if he had sufficiently considered the details of the bill, and how far the amendment would interfere with them. He should regret if the bill was retarded by the amendment. He would also ask whether the judge who is to perform the duties contemplated by the amendment would be willing to encounter the additional labor, and whether he had not already as much business as he could attend to. He was willing, however, to take the amendment as offered by the gentleman from New York, leaving it to him to make such other amendment as the details of the bill rendered necessary.

Mr. WRIGHT was aware that some additional amendment, as to the time and place of holding the court, would be necessary; and if the amendment should be adopted, he or his colleague would submit the proper motion.

Mr. KING, of Alabama, observed that, as the Senator from New York had thought proper to introduce this amendment, other Senators coming from States where there was no more than one district judge might be induced to offer a similar amendment. Why, he asked, was not this inconvenience as regards New York thought of before? He asked the Senator if it was right at this time to throw obstacles in the way of a bill so important to the new States-a bill fraught with a measure which he conceived they had a constitutional right to, which they had been so long contending for, and which they were now about to obtain? He hoped the amendment would not be pressed at this time. If, hereafter, the gentleman, on finding that the judge can perform the additional duties required, chooses to introduce the measure in the shape of a separate bill, he would most readily extend to him the helping hand. But he trusted that a bill which was to render the judiciary system uniform throughout the Union, which the new States had endeavored year after year to get through, would not be embarrassed by obstacles thrown in its way, when it was about to pass. He should vote against the amendment, though he hoped it would be withdrawn.

Mr. PORTER said he felt very much embarrassed at the situation in which he had been placed by the amendment. He was favorably disposed towards the objects it contemplated, though he feared it might somewhat embarrass the important measure before them. He did hope that the gentleman from New York would not press the amendment at this stage of the business; that he would not throw obstacles in the way of an important measure, by tacking to it objects that might be accomplished in a separate bill. This bill had been before the Senate at the last session, and if the claims of New York were so very strong, and the inconveniences under which she suffered were so great, surely they ought to have occurred to the gentleman then. He felt, however, that, in opposing the amendment, his hand was on the lion's mane. There were forty-two members from New York in the other House, and he feared that if the bill passed without the amendment, it would be greatly embarrassed there. He was confident that the gentleman did not intend this, but he feared that such would

[SENATE.

be the effect. The bill was lost the last year in consequence of the amendments that delayed it. Perhaps the Senator from Pennsylvania might be enlightened, and think that a similar amendment was necessary for his State, and, in moving it, occasion further embarrassment to the bill.

Mr. WRIGHT said that there was one remark he was compelled to make in reply to the Senator from Louisiana. He understood that gentleman as saying that he had attacked the bill by throwing obstacles in its way.

[Mr. PORTER explained. He said tacked, not attacked. He had expressed the hope that the gentleman would not throw obstacles in the way of the bill, by tacking other objects to it.]

Mr. WRIGHT said he was glad he had misunderstood the gentleman, who was himself mistaken as to the time of the introduction of the measure contemplated by the amendment. Long before any effort had been made to extend to Alabama the circuit system, an effort had been earnestly, though respectfully, made to extend it to the northern portion of New York. The gentleman did not seem to appreciate the geographical situation of New York, nor consider the great extent of its frontier requiring this system. He and his colleague had been asked not to press their amendment at this stage of the bill. But did the gentlemen from Alabama and Louisiana suppose that they could do their duty without pressing this measure? As to the details, he confessed he had not sufficiently examined them to conform his amendment to them at this time. But gentlemen must see that this was a mere matter of form, and the gentlemen from Connecticut and Vermont, and himself and colleague, could not differ with regard to them. The gentleman from Louisiana had asked him not to press this amendment, and thus bring down on the bill the numerical force of the New York members in the other House. Now, it was to make the bill acceptable to this numerical force, that he had introduced the amendment.

Mr. BUCHANAN said he had been too long following the same lights on this subject to be enlightened at this time, as the Senator from Louisiana supposed he might be. He had been endeavoring for many years to extend the circuit system to the new States, and should continue his exertions until that object was accomplished. What was the single proposition before the Senate? It was to extend this system to two of the new States who were justly entitled to it, and who had so long been deprived of it. That was the sole proposition. It was so considered when the bill was introduced, and was so considered by the Judiciary Committee, who had it under examination and reported on it. It was admitted that it was desirable to extend this system to New York; but suppose it was done by the amendment, what then would be the duty of the Senators from Pennsylvania? The western district of Pennsylvania was not entirely inland. It had considerable maritime frontier, and he understood to-day, for the first time, that there was a petition, numerously signed, from the western part of Pennsylvania, for the establishment of a circuit court for their benefit. Could he and his colleague, then, sit still, and not ask this for Pennsylvania, when they saw the same favor granted to New York? He would prefer, however, that the circuit system should be extended both in Pennsylvania and New York by a separate bill; and he would advise gentlemen from New York to wait, and go pari passu with Pennsylvania in accomplishing an object so desirable to both. want, said Mr. B., the same advantages for the western district of Pennsylvania, that they want for the northern district of New York; but we shall give no vote that will embarrass the passage of the bill.

We

Mr. NILES said there were two district courts in Connecticut. The business in them was merely nominal.

[blocks in formation]

The court was sometimes one and sometimes two days in session. He thought the difficulty suggested of performing the tour not a formidable objection. So far as the constituents he had the honor to represent in part were concerned, he had no doubt they would be in favor of the amendment of the gentleman from New York, [Mr. WRIGHT. He felt anxious for the passage of the bill. But he would ask how the bill was to be embarrassed? Certainly not by making it more acceptable to a large portion of the country. By making it more acceptable, a better feeling would exist towards it, which would be more likely to secure its passage.

Mr. CLAYTON said, on the whole, he felt disposed to vote for the amendment of the gentleman from New York, [Mr. WRIGHT,] and also for the amendment mentioned by the gentleman from Pennsylvania, [Mr. BuCHANAN,] if that gentleman should offer it. All he asked of gentlemen was to make the bill to-day as perfect as possible, in order that it might be passed to-mor

row.

The Senator from New York might, on the third reading of the bill, by general consent, offer such amendments as would render the details perfect.

After some further remarks from Messrs. DAVIS, BLACK, TALLMADGE, MOORE, SHEPLEY, PRENTISS, and KING of Alabama, the question was taken, and Mr. WRIGHT's amendment was adopted: Yeas 28, nays 12, as follows:

YEAS-Messrs. Benton, Black, Clayton, Davis, Goldsborough, Grundy, Hendricks, Hill, Hubbard, Kent, Knight, Leigh, Moore, Morris, Niles, Porter, Prentiss, Robbins, Robinson, Ruggles, Shepley, Swift, Tallmadge, Tipton, Tomlinson, Wall, White, Wright-28.

NAYS--Messrs. Brown, Buchanan, Calhoun, Clay, Crittenden, Ewing, King of Alabama, King of Georgia, Linn, McKean, Mangum, Southard-12.

After some verbal amendments were agreed to, submitted by Messrs. CLAYTON and LEIGH,

On motion of Mr. CLAYTON, the bill was laid on the table, and

The Senate adjourned.

TUESDAY, JANUARY 5.

NATIONAL UNIVERSITY.

Mr. LEIGH, from the Committee on the Judiciary, 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 by a joint resolution authorizing the President of the United States to appoint an agent or agents to take the necessary steps to secure said legacy for the purposes mentioned and specified in the will. Read, and ordered to a second reading, and the report ordered to be printed.

DISTRICT BANKS.

Mr. BENTON offered the following resolution, which lies one day for consideration:

Resolved, That a select committee of five members be raised, to act jointly with any committee raised for similar purposes by the House of Representatives, to whom shall be referred all the petitions now presented to the Senate for the renewal of bank charters in the District of Columbia, with authority to examine into the conduct and condition of said banks; and for that purpose to have authority to send for persons and papers, to inspect books, and to examine witnesses on oath; also, to examine into the condition of the currency in the District of Columbia, and the means of improving it, and approximating it to the currency of the constitution; also, to inquire into the necessity, if any, for banks of circulation in the District of Columbia, in contradistinction to banks of discount and deposite, and for dealing in

[JAN. 5, 6, 1836.

bullion and exchange; to inquire how far banks of any kind are wanted for the uses of the federal Government in this District; and wherefore the Treasurer of the United States may not act as keeper and payer of the public moneys within the District of Columbia, and drawer of checks and drafts in favor of those who choose to receive their money elsewhere. The said committee to have leave to employ a clerk, and to report by bill or otherwise.

JUDICIAL SYSTEM.

On motion of Mr. CLAYTON, the Senate proceeded to the consideration of the bill in addition to the act to amend the judiciary system of the United States.

Mr. TALLMADGE moved an amendment in the sec. ond section, after the word "annually," in the twentieth line, by inserting the words "in the northern district of New York, at Albany, on the first Tuesday in June and the second Tuesday in October;" which was agreed to.

Mr. BUCHANAN moved an amendment in the tenth line of the first section, to make it read "the eastern and western districts of Pennsylvania." Also, in the second section, fifteenth line, by inserting the words "in the western district, in the city of Pittsburg, on the 17th day of March;" which was agreed to.

Mr. B. also introduced an amendment to prevent the bill in its operation from interfering with the holding of the courts in Utica, in the State of New York, and Williamsport, in the State of Pennsylvania; which was agreed to.

Mr. CLAYTON moved an amendment in the fourth section, after the word "Alabama," in the eighth line, by inserting the words "the northern district of New York, and western district of Pennsylvania;" which was agreed to.

After some further verbal amendments,

The bill was ordered to be engrossed for a third reading.

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

On motion of Mr. WEBSTER,

The Senate proceeded to the consideration of executive business, and when the doors were opened, The Senate adjourned.

WEDNESDAY, JANUARY 6.

DISTRICT BANKS.

On motion of Mr. SOUTHARD, the consideration of the resolution on the District banks, offered by Mr. BENTON, was postponed till Monday next.

Several other resolutions on the table were severally considered and agreed to.

JUDICIAL SYSTEM.

The bill to amend the judicial system of the United States, (adding one to the number of judges of the Supreme Court, and altering the judicial districts, &c.,) was read a third time.

Mr. BLACK called for the yeas and nays on the pas sage of the bill, and they were accordingly ordered.

Mr. BENTON observed that he would not have said one word relating to this bill, if the yeas and nays had not been called; and, as they were called, he would not say more than a dozen. He should vote for this bill, because it suited the section of country from which he came, and because it was also desirable to several States that it should pass. He had, however, objections to it, which he should not then trouble the Senate with a detail of; and before he gave his vote he wished it distinctly understood that he had objections, and if ever

[blocks in formation]

he was called on to state them, either there or elsewhere, he was ready to do so. One word, while he was up, in reference to a remark of the chairman of the committee the other day. He (Mr. B.) also objected to seeing the judges a debating body, though he should wish to see as many judges as twelve. He meant as many as twelve on paper, for he did not believe that if the number of the bench consisted by law of so many, they would ever be all present on the bench at one time. Mr. CLAYTON said his objections were the very opposite of the objections of the Senator from Missouri, [Mr. BENTON.] He (Mr. C.) was opposed to increasing the number of judges to twelve. He hoped the passage of this bill would put that question for ever at rest, and that the number of judges never would exceed nine,

at most.

Mr. PORTER rose briefly to remark that it was rather strange to hear a gentleman say he was about to vote for a bill, but had some objections to it. That occurred with regard to almost every bill that came before the Senate. Members had some small objections to important measures, but waived them on account of the greater good to be obtained. He should regret that the bill went to the other House under the disadvantage that there were serious objections to it. With respect to the number of judges on the bench, he should much regret to see more than twelve; for although twelve men might be stronger than six, he never could believe that they were wiser.

The question was then taken, and the bill was passed: Yeas 38, nay 1, as follows:

[SENATE.

the same as it is now. The resolution adopted for the regulation of the Senate chamber, and now in force, was the same, verbatim et literatim et punctualum, as the one adopted by the House of Representatives. Until the adoption of the present regulation, the Senate had experienced great inconvenience. He would like the honorable Senator from South Carolina [Mr. PRESTON] to point out some means of prevention against the intrusion of a crowd. Would the inducements to the collection of a crowd be any less than heretofore? Would any Senator refuse the admission of any one who would ask him? Persons were much exposed in crowds. On one occasion an honorable gentleman had had his pocket picked in a crowd in the gallery. The attraction of an audience was great. There were occasions on which gentlemen would withdraw their attention from the business before the Senate, and turn round to more attractive objects in the gallery. He was willing to afford further facilities to spectators by making some additional exceptions to the rule prohibiting them, but he was opposed to any measure calculated to disturb the public business.

Mr. PRESTON said that, under the late rule, as far as his experience went, and he believed his and the gentleman's [Mr. PORTER's] was about the same, he thought the business of the Senate had been as well conducted as at any time. The presence of an audience evidently excited them to a more faithful discharge of their duty. It was a privilege incident to all deliberative bodies, and one that ought not to be withheld. He flattered himself that he was not more susceptible of those YEAS-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, Tomlinson, Tyler, Wall, Webster, White, Wright-38. NAY-Mr. Hill--1.

[blocks in formation]

Resolved, That the regulations in relation to the Senate chamber and galleries, adopted at the present session, be rescinded, except so much as relates to the reporters.

ate.

the press of important business, been called three or four times at the door to persons who wished to see him. The rescinding of the rule would not be attended with so much inconvenience in the Senate as in the House of Representatives, where the throng was more general. It seemed to him that the whole organization of the Senate had fallen upon a very limited number of mem. bers.

It did not seem to him that there would be any difficulty in vesting the Senate with the power to say what number of spectators should be admitted. He did not believe it would be indiscriminately exercised. He had himself refused admission to persons applying to him on certain occasions, and he believed other Senators would exercise a reasonable discretion also. The gentleman [Mr. PORTER] had alluded to the circumstance of a gentleman having his pockets picked. He trusted the pocket that was picked belonged to the honorable gentleman who had introduced the person who did

Mr. PRESTON said the object of the resolution was to establish things as they were before the adoption of the resolution now in force in the Senate, except as regarded the reporters, who were excepted in the resolution he had offered-seats having been provided for them, by the existing resolution, on the floor of the Sen-it. It was a privilege which, like others, might be abused; but inconvenience might, by proper circumspection in future, be avoided. It was very desirable to have persons in the lobby who had business, without going out during the session to speak with them. The lobby might, on extraordinary occasions, be crowded to some extent, but he thought it might be restricted on any occasion within proper bounds. He thought so grave, so dignified, and so aged a body, might safely be trusted with the privilege of keeping open doors. The supposed necessity of such a provision would induce a circumspection that would guard against the inconveniences heretofore experienced.

The privilege of witnessing the proceedings of the British Parliament was not denied the public. It had been stated that the presence of an audience was apt to divert the discussion of subjects before the Senate into other channels. He was not averse to the Senate exercising a proper influence upon popular opinion, and he could see no reason why the Senate should not have the same liberty in that respect that other bodies had. They had all firmness enough to secure the Senate from the inconveniences growing out of the extension of the privilege. He would he glad to see the resolution pass, or modified so as to suit the gentleman.

Mr. PORTER wished to exclude the idea that he was 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 with-ings of the Senate; and others, who are connected with in a very few years back the regulation was precisely newspaper establishments, have access to us. He would VOL. XII.-5

[blocks in formation]

be sorry any Senator should be so unfortunate as to have his pockets picked. The gentleman who had had his pocket picked, no doubt, was deceived in the character of the person whom he had introduced.

He thought the gentleman [Mr. PRESTON] was not so old as to be impervious to the attractions of the ladies. No doubt, the animating motive was the country's good; but he would ask the gentleman if the splendid figures of speech the Senate had witnessed on certain occasions, were not stimulated in some degree by the smiles of the ladies? Some part of the gallery had been appropriated to the members of the other branch, and the adoption of this rule would tend to exclude them.

Mr. CALHOUN was disposed to put this question upon different grounds from what either of the gentlemen who had spoken upon it had. Our Government was a popular Government, and he was disposed to accommodate as much as possible the people that belonged to it. Those galleries were made for the accommodation of the public, and the public had a right to the use of them. The smaller gallery had been thrown open, but the more commodious one had been closed against aged persons and others, unless they had females under their charge. And shall we (said Mr. C.) keep that gallery (turning to the circular gallery) continually shut against the people of this Union? He had higher objects in view than some of the gentlemen who advocated the passage of the resolution. He looked to the great struggle they were going to have in that body (the Senate) with one branch of the Government; and it was plainly to be seen, by the course pursued in relation to this resolution, who were the advocates of power, and by whom secrecy was desired. In a struggle between power and the people, between power and liberty, an audience was materially necessary. In the great struggle for liberty the galleries were thrown open. The reports were thrown coldly on the world, and could not be relied on. He would suggest that a certain number of tickets should be given out, in order to prevent the gallery from being crowded to excess. that the generous-minded ladies themselves would fully accord with his views. Mr. C. concluded his remarks by demanding the yeas and nays.

He would hold

Mr. CLAYTON moved to amend the resolution by striking out all after the word "resolved," and inserting "That the circular gallery of the Senate chamber be open for the admission of spectators, and that each Senator be allowed to admit any number not exceeding three into the lobby of the Senate in front of the chair." Mr. MANGUM thought it to be very desirable that the Senate should throw open its galleries entirely, and that the restrictions should apply to the number of persons to be admitted on the floor of the Senate. He had witnessed, under the change of the rule, in his own person, decided inconvenience, yet he should be willing to agree to any modifications of the resolution the gentleman might choose to propose, provided the galleries were thrown open to spectators. Under the old rule, spectators were not permitted to come within the bar of the Senate, nor to go behind the pillars, therefore no very great inconvenience was occasioned by their admission. He, himself, though occupying a seat of the outer range, had experienced no inconvenience from the spectators. He would agree to the resolution, if the restrictions were confined to the floor of the Senate, but he would never agree that the galleries should be closed. There would be one inconvenience, however, in the restrictions, as to the floor of the Senate. have, said he, strangers here from all parts of the Union, and we have, in our intercourse with them, to go out of the chamber, thus incurring the risk of being absent when a vote is taken; while, under the old rule, we could still have the necessary intercourse with our friends

We

[JAN. 6, 1836.

and constituents, without losing any part of the business going on. He felt that there was much force in the remarks of the gentleman from South Carolina, that the public eye should not be shut on the proceedings of that body. He wished for himself, and for those with whom he acted, to have a fair chance on that floor; for he believed that, if a fair chance was to be had, it would only be had on that side of the Capitol. Again, he was not willing to incur the risk of the imputation that might be cast on them, in consequence of restricting the admissions into the chamber, that the Senate did not wish to give the utmost publicity to its proceedings. As to the galleries, they should be thrown freely open to all. was what the public had a right to expect, and he hoped the Senator from Delaware would modify his resolution so as to meet their just expectation.

It

His

Mr. CLAYTON was perfectly willing to take the suggestions of the gentleman from North Carolina. only object was to admit as many as possible in the circular gallery, without excluding the ladies. He thought the restrictions as to the floor of the Senate should still be continued.

Mr. PRESTON regretted that his friend from Delaware should persist in giving the same effect to his amendment. He was inclined to think that the inconveniences under the old rule had been much exaggerated. No deliberative body had ever conducted its business in a more orderly manner than the Senate, and in none had there been less interruption to the proceedings. As for accidents such as had been alluded to by the Senator from Louisiana, they were unavoidable, and might occur any where; for he had heard that a gentleman had been robbed at a private party in Washington. But he put it to gentlemen, if the business of the Senate had not always been conducted in the most orderly manner, and whether they would continue these restrictions on account of the slight inconveniences that had attended the operations of the old rule. On what occasions, he asked, had such great crowds been collected there? Why, on occasions of great excitement, when subjects of deep and absorbing interest were debated, and he was very willing on such occasions to submit to slight inconvenience, rather than exclude any who could by possibility be admitted. He had witnessed, for many years past, the occasional throngs which debates of great interest and importance had collected there, and, although almost suffocated by the crowds, yet there had been no interruption to their proceedings. If any were excluded, he did not hesitate to say that it should be the ladies rather than those who came from different parts of the Union, to hear and report what passed in that body. He was not disposed to give to the ladies more than their sex deserved; it was not desirable that they should be there at all. It was man, thinking man, for whom they acted, who should superintend their proceedings. He again repeated the belief that the inconveniences under the old rule had been greatly exaggerated-be had never seen the business in any manner interrupted. He laid down this general proposition, that it was the bounden duty of that body to give to the public, to the utmost extent, the proper accommodation. He objected to the limitation proposed by the Senator from Delaware. They had already closed more than half of their house to spectators; the small gallery was daily crowded almost to suffocation, while the circular gallery seldom contained more than a dozen ladies. He believed that no serious inconvenience had resulted from the old rule, and he hoped that his resolution would be permitted to pass without limitation.

Mr. CALHOUN said he should vote for the resolution of his colleague, with the amendment of the Senator from Delaware, because he wished to take the question as to opening the galleries. If, hereafter, it should be found

« ZurückWeiter »