SENATE.] Respect to Lafayette. [JUNE, 1834. no right to violate a contract made by the Sec-lution providing for a joint committee to conretary of State, under their authority, because sider and report by what token of respect and they had not a right to make such contract. affection it was proper for Congress to manifest He then read the law, to show the looseness the deep sensibility of the nation on the event of its provisions, and stated the illimitable pow- of the decease of General LAFAYETTE. er of selection which it conferred on the contractors. The value of such a work depended materially on the ability and the temper of those who executed it. He asked what would have been the effect, if Hume or Henry had been employed to write the Documentary History of the Stuarts, or Dr. Lingard to write the Documentary History of the Reformation? The Documentary History of the United States might be as well extended to two hundred volumes as limited to ten. It was the duty of the Secretary of State to have looked into the details and corrected the defectiveness of the law. Although this was a contract which ought not to have been made, it must not be violated. This was what the world would say, and what a chancellor would say. 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. Mr. CALHOUN said that Congress had no authority to make the contract, and that it was ab initio void. He desired the contractors to be indemnified for their expense and labor; and he would vote for the amendment of the gentleman from Georgia. 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 Congress would not be justified in voting a gift to the contractors. He thought the law an injudicious one, but he could not vote to abrogate or suspend the contract. Abrogation and suspension were similar powers, and Congress had no more right to abrogate than to suspend. Mr. CALHOUN thought it a clear principle, that if injustice 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, King of Georgia, Linn, McKean, Mangum, Morris, Preston, Robinson, Shepley, Tallmadge, Tipton, White, Wilkins, Wright-23. NAYS.-Messrs. Bell, Benton, Chambers, Clay, Clayton, Ewing, Frelinghuysen, Kent, Leigh, Naudain, Poindexter, Porter, Prentiss, Robbins, Silsbee, Smith, Southard, Sprague, Tomlinson, Tyler, Wag. gaman, Webster-22. 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. The motion having been agreed to, Mr. Por DEXTER suggested that the committee consist of nine members. Mr. FORSYTH named thirteen, the number of the old States, as the most appropriate. This last number was agreed to; and, On motion of Mr. CHAMBERS, the committee was appointed by the Chair. The following Message was received from the President of the United States: To the Senate and House of Representatives: The afflicting intelligence of the death of the illustrious LAFAYETTE has been received by me this morning. I have issued the general order enclosed, to cause appropriate honors to be paid by the army and navy to the memory of one so highly venerated and behas been pleased to remove so unexpectedly from loved by my countrymen; and whom Providence the agitating scenes of life. ANDREW JACKSON. WASHINGTON, June 21, 1834. On motion of Mr. FORSYTH, the Message was referred to the joint committee appointed on this subject. WEDNESDAY, June 25. Respect to Lafayette. The joint resolution from the other House relative to the death of General Lafayette, was read. Mr. WEBSTER said he should not say a single word respecting the character of the illustrious individual whose decease was the subject of this resolution. The present proceedings of Congress was intended to express the sense of the Legislature of the United States, and of the American people, under this mournful event. It was not desired that either party should take precedence of the other upon this occasion, but that whatever was done, should be considered as expressive of the nation's gratitude to the A message was received from the House of nation's benefactor. He (Mr. W.) hoped the vote Representatives, by Mr. Franklin, their Clerk, upon the resolution would be such as would enstating that the House had passed a joint reso-able posterity to speak of the unanimity with Death of Lafayette. which they had united in relation to this matter. The resolution was then unanimously adopted, and such unanimous adoption, at the request of Mr. WEBSTER, recorded upon the Journals of the Senate. Pensions to French Seamen, &c. The amendment of the House of Representatives to the bill of the Senate granting pensions to certain citizens of France, sufferers in consequence of the unfortunate accident at Toulon, was considered and agreed to. [The amendment provides that the President of the United States shall make an arrangement with the Government of France to pay, through them, the pensions to the same amount, and in the same proportions, as provided for by the original bill.] Mr. EWING had made up his mind to vote for the bill, in deference to the opinions of others, although he was of opinion that the relative value of gold had been fixed too high. He adverted to what had been said on the subject of the value being placed at 16 to 1; and also to the various value of the foreign silver coins. He expressed his apprehension that the silver would disappear from among us, and that small notes would take its place. While the States admitted the circulation of small notes, they would, in three years, constitute the sole circulation. Mr. CALHOUN thought that wherever silver was protected, it would retain its place; and where it was not protected, paper would take its place. He thought the bill safe, and should give it his support. Mr. SPRAGUE could not vote for the bill. He believed it would throw the evils on the other side. We were creating the same disproportion between gold and silver, as at present existed, making a distinction on one side as much too wide as that which now existed on the other. All agreed that the true line was between the two estimates. Why gentlemen should transcend the point which everybody agreed was the true line of value between the two metals, he did not know. No one contended that the true value was 16 to 1, but all believed that it was between 15 and 16. Mr. EWING added that the gold had been debased by this bill, which he regretted. [SENATE. Mr. CALHOUN stated that the superintendent of the mint had been consulted. Mr. BENTON said that the debasement was too trifling to be an object of exception. Mr. KING, of Georgia, stated that the effect of the bill would be to raise the value of gold 4 per cent., which is only a little above the mercantile value of the article. Mr. SPRAGUE thought that the bill changed the value 6 per cent., which was more than the true relative proportion. Why was it made more? To establish a legal currency of two metals, their value must exactly correspond. Why adopt an evil by creating a disproportion? Mr. WEBSTER replied, that if it had been imagined that there would have been any evil, it would not have been recommended. He referred to the various modes of computing value, and the difficulty of coming to an accurate result. Mr. CALHOUN said the usual custom of forabove the mercantile value. In Spain the releign countries was to make gold somewhat ative value of gold was 16 to 1. In Cuba it was 17 to 1. Mr. CHAMBERS read an extract from the letter of a correspondent, in opposition to the passage of the bill. The question was then taken on the engrossment of the bill, and decided as follows: YEAS.-Messrs. Benton, Bibb, Black, Brown, Calhoun, Ewing, Frelinghuysen, Grundy, Hendricks, Hill, Kane, Kent, King of Alabama, King of Geor gia, Leigh, Linn, Mangum, Morris, Poindexter, Prentiss, Preston, Robbins, Robinson, Shepley, Smith, Swift, Tallmadge, Tipton, Tomlinson, Tyler, Waggaman, Webster, White, Wilkins, Wright-35. NAYS.--Messrs. Chambers, Clay, Knight, Porter, Silsbee, Southard, Sprague-7. the opening of the evening session. The VICE PRESIDENT did not take the Chair On motion of Mr. WEBSTER, the Senate proceeded to the election of a President pro tem. 22 votes, being a majority of the whole, and On the third ballot, Mr. POINDEXTER received and was conducted to the Chair by Mr. CHAMwas declared duly elected President pro tem., BERS. From his seat in the Chair, Mr. POINDEXTER rose and addressed the Senate to the following effect: Senators Penetrated with the most profound sense of gratitude for the kind manifestation of your confidence in calling me to preside over the deliberations of this honorable body, I rise to express to you my thanks, and the unfeigned diffidence with which I enter upon the discharge of the skilled in the technical rules of parliamentary proarduous and delicate duties assigned to me. Unceedings, I feel sensible of my own defects, and that, on all occasions of doubt and difficulty, I must rely on the indulgence of the Senate, and the friendly aid of those Senators who have more experience in such matters than myself. Permit me, gentlemen, to assure you, that for the few remaining hours of | the present session, and so long as I may occupy the Chair, it shall be my constant endeavor to meet your just expectations, and to preserve the order and decorum of debate, so necessary to the harmony and dignity of every deliberative assembly, and to the despatch of the important business which may be brought to the consideration of the Senate. On motion of Mr. CHAMBERS, a committee was ordered to be appointed to wait on the President of the United States, and inform him that the Senate have elected the honorable GEORGE POINDEXTER to be their President pro tem.; and that the Secretary do communicate the same to the House of Representatives. MONDAY, June 30. Deposit Banks-Recess Committee to Examine. The Senate proceeded to consider the resolution offered by Mr. SOUTHARD, instructing the Committee on Finance to sit during the recess, in order to investigate the condition of the banks in which the public deposits are made. Mr. KING, of Alabama, objected to the instruction, and asked for further explanations to show its necessity. Mr. SOUTHARD replied, that the public treas ure was in danger; and if there was any object which could require the attention of a committee during the recess, it was this. The Committee on Finance had been instructed to obtain information, and had not yet been able to gain it for want of time. It was to enable the committee to act at all, that this proposition was made. The question was decided as follows: YEAS.-Messrs. Bibb, Chambers, Clay, Ewing, Frelinghuysen, Knight, Leigh, Mangum, Moore, Naudain, Poindexter, Porter, Robbins, Silsbee, Smith, Southard, Sprague, Tomlinson, Waggaman, Webster-20. NAYS.-Messrs. Grundy, Hendricks, Hill, Kane, Expunging Resolution. [JUNE, 1834. of March last, that the President of the United States, in ordering the removal of the deposits from the Bank of the United States, had assumed a power not granted by the law or the constitu tion, but in derogation of them both, is a resolu tion imputing impeachable matter to the Presi dent, and ought not to be passed except in the regular form of constitutional impeachment, and ought to be struck out of the Journals. Mr. CLAY said it ought to be remembered the time and circumstances under which that resolution was offered, when the Senate was within a few hours of its adjournment, and when onethird of the members had already left town. He looked upon it as an improper time to introduce a resolution of that nature. The motion was opposed by Messrs. CLAY, CALHOUN, and WEBSTER; and on the question being taken by yeas and nays, negatived—yeas 11, nays 20. Mr. GRUNDY, from the committee appointed to wait on the President of the United States, reported that the committee had discharged that duty, and that the President stated that he had no further communications to make to the present Congress. The President had signed all the bills but that for the improvement of the Wabash River, which had been presented to him at so late a period that he had not time to examine it; but, as the subject of the bill was interesting to many, he would sign it within the time allowed by the constitution, if, upon examination, he should feel himself justi fied in so doing; if not, he would use his priv ilege. Mr. CLAY observed that the bill was dead after the adjournment, and that the bill for the improvement of the Hudson River went along with it. Mr. GRUNDY said, as to that he had nothing to say; but he did not expect a dispute. The President had a right to exert his privilege. Mr. TIPTON said the bill for the improveShep-ment of the Wabash was sent in on Saturday, and that for the improvement of the Hudson to-day. Mr. BENTON Submitted a resolution that the resolution of the Senate of Tuesday, the 20th The two Houses having exchanged the usual messages, The Senate adjourned, sine die, at 45 minutes past six. *LIST OF REPRESENTATIVES. Maine-Francis O. J. Smith, Rufus McIntire, Edward Kavanagh, Gorham Parks, Joseph Hall, Leonard Jarvis, George Evans, Moses Mason, Jr. New Hampshire.-Henry Hubbard, Joseph M. Harper, Benning M. Bean, Franklin Pierce, Robert Burns. Massachusetts.—Isaac C. Bates, Rufus Choate, John Quincy Adams, John Davis, George N. Briggs, Edward Everett, George Grennell, Jr., John Reed, William Baylies, Benjamin Gorham, Gayton P. Osgood, William Jackson. Rhode Island.-Tristam Burges, Dutee J. Pearce. Connecticut.-Jabez W. Huntington, William W. Ellsworth, Noyes Barber, Samuel A. Foot, Ebenezer Young, Samuel Tweedy. Vermont.-Hiland Hall, Horace Everett, Heman Allen, William Slade, Benjamin F. Deming. New York-Abel Huntington, Isaac B. Van Houten, Churchill C. Cambreleng, Campbell P. White, Cornelius W. Lawrence, Dudley Selden, Aaron Ward, Abraham Bockee, John W. Brown, Charles Bodle, John Adams, Aaron Vanderpoel, Job Pierson, Gerritt Y. Lansing, John Cramer, Henry C. Martindale, Reuben Whallon, Ransom H. Gillet, Charles McVean, Abijah Mann, Jr., Samuel Beardsley, Joel Turrill, Daniel Wardwell, Sherman Page, Noadiah Johnson, Henry Mitchell, Nicoll Halsey, Samuel G. Hathaway, William Taylor, William K. Fuller, Rowland Day, Samuel Clark, John Dickson, Edward Howell, Frederick Whittlesey, George W. Lay, Philo C. Fuller, Abner Hazeltine, Millard Fillmore, Gideon Hard. New Jersey-Philemon Dickerson, Samuel Fowler, James Parker, Ferdinand S. Schenck, William N. Shinn, Thomas Lee. Pennsylvania.-Horace Binney, James Harper, John G. Watmough, William Heister, William Darlington, David VOL. XII.-25 The calling of the roll having proceeded as far as to the State of Kentucky, before the names of the members from that State were called, Mr. ALLAN, of Kentucky, rose, and asked permission to address the House. He observed that, by the law passed at the last Congress apportioning the number of representatives among Potts, Jr., William Clark, Harmar Denny, George Chambers, Thomas M. T. McKennan, John Banks, Andrew Stewart, Charles A. Barnitz, George Burd, Jesse Miller, Joseph B. Anthony, Henry A. Muhlenberg, Joel K. Mann, Robert Ramsay, David B. Wagener, Henry King, Andrew Beaumont, John Laporte, Joseph Henderson, John Galbraith, Samuel S. Harrison, Richard Coulter, Joel B. Sutherland. Delaware.-John J. Milligan. Maryland.-James P. Heath, James Turner, John T. Stoddert, Isaac McKim, Richard B. Carmichael, Francis Thomas, William C. Johnson, Lyttleton P. Dennis. Virginia.-John M. Patton, John Y. Mason, William F. Gordon, Thomas T. Bouldin, William S. Archer, Nathaniel H. Claiborne, Jsseph W. Chinn, Charles F. Mercer, Edward Lucas, Samuel McDowell Moore, Andrew Stevenson, Thomas Davenport, John J. Allen, George Loyall, James H. Gholson, Edgar C. Wilson, James M. H. Beale, William P. Taylor, John H. Fulton, William McComas, Henry A. Wise. North Carolina.-Micajah T. Hawkins, Thomas H. Hall, William B. Shepard, Jesse Speight, James McKay, Abraham Rencher, Daniel L. Barringer, Edmund Deberry, Lewis Williams, Augustine H. Shepperd, Henry W. Connor, Jesse A. Bynum, James Graham. South Carolina.-James Blair, George McDuffie, Thomas D. Singleton, William K. Clowney, Henry L. Pinckney, William J. Grayson, Warren R. Davis, John M. Felder, John K. Griffin. Georgia.-James M. Wayne, Richard H. Wilde, George R. Gilmer, Augustine S. Clayton, Thomas F. Foster, Roger L. Gamble, Seaborn Jones, William Schley, John Coffee. Kentucky.--Chilton Allan, Thomas A. Marshall, Amos Davis, Richard M. Johnson, Thomas Chilton, Robert P. Letcher, Thomas P. Moore, Benjamin Hardin, Chittenden H. OF R.] Kentucky Contested Election. Mr. WAYNE rose, and, after premising his wish that it should be clearly understood that he took no part in the controverted claim, on either side, inquired of the Clerk whose name appeared on the roll which had been made out by him, as elected from the district in question? The CLERK replied, that the name on the roll was that of THOMAS P. MOORE. [DECEMBER, 1833. the several States, the State of Kentucky had the post office usually appropriated to the Speak been declared entitled to thirteen representa-er of the House: here they had remained until tives in the present Congress; but that, in cast-late the night before, when, there being no ing his eyes around the Hall, he recognized Speaker as yet, he had taken the liberty of fourteen gentlemen ostensibly claiming to be opening the package, which was postmarked representatives of the State, and members of "Lexington," and which he concluded must this House. The State, he said, was divided by probably refer to this matter. law into thirteen districts, from each of which The Clerk was now about to read the papers, one member was directed to be chosen to when, represent her interests in this body. From one of these districts, the fifth, consisting of the counties of Mercer, Garrard, Lincoln, Jessamine, and Anderson, there were two gentlemen present, both claiming a right to appear on this floor. From the circumstances of the case, it was obvious that the question of their right to a seat must be decided in the present stage of the proceedings. The question arising from Mr. WAYNE then resumed, and expressed his these conflicting claims, was one deeply inter- wish that the individual whose name had been esting, not only to their own immediate dis- inserted on the roll, should produce and exhibit tricts, but to the State at large; so much so, his credentials, that the House might be in cirthat the delegates from the State had met to- cumstances of judging of the validity of his gether, and had deemed it their duty to take the claim. From the earliest period of our connovel case presented, under their most serious gressional history this had been the usage, and consideration. They had, accordingly, examin-no new member was sworn in until his credened the electoral law of Kentucky, and the returns from the district in question, and had concluded (very contrary to his own wishes) to appoint him as their organ to raise the question, involved by the circumstances of these claims, before that body. In order to enable the House to decide the controversy between these claimants, he would ask the Clerk whether he had in his possession any certificates or other vouchers, in relation to the late election, in the district from which both the gentlemen came? And, if he had, he would call upon the Clerk to read them. The CLERK replied that there were in his possession divers papers on that subject, and, if it were the desire of the gentleman, they would be produced. (Cries of "Read! read!" resounded from all parts of the Hall.) The papers were accordingly produced; but, before reading them, the CLERK stated that they would have been in his possession at an earlier period, but owing to their being addressed to "the Speaker or Clerk of the House of Representatives," they had been placed in the box at Lyon, Martin Beaty, James Love, Christopher Tompkins, Tennessee.-John Bell, Cave Johnson, James K. Polk, Ohio.-Robert T. Lytle, Taylor Webster, William Allen, Jeremiah McLene, Thomas L. Hamer, John Chaney, Robert Mitchell, John Thomson, Benjamin Jones, William Patterson, Humphrey H. Leavitt, David Spangler, James M. Bell, Elisha Whittlesey, Thomas Corwin, Joseph Vance, Samuel F. Vinton, Jonathan Sloane, Joseph H. Crane. Louisiana.-Philemon Thomas, Henry A. Bullard, Edward D. White. tials had first been produced and examined. Of late, a different course had been pursued, probably to avoid delay; but, in the present instance, there was an obvious propriety that the original usage should, in this case, he reviv ed. Mr. W. said, that with one of the claimants he had no personal acquaintance, with the other he had, and cherished much regard for him, and he did not wish that his rights should be compromitted on this occasion. He felt his present course to be a solemn duty-it sprang from his heart; he was imperatively bound to stop, if possible, a course of proceedings by which the right of any member claiming a seat on that floor might be contested in the most irregular manner. As yet, he believed a majority of the names on the roll had not been called, and until that had been done, and gentlemen had answered, although he saw them on the floor and in those seats, he could not recognize them as members of the House of Representstives; nor, indeed, could he do so after they had answered, until they had been sworn into office, as prescribed by the constitution. He submitted it to the judgment of gentlemen present, whether the old mode of calling for the Indiana.-Amos Lane, Jonathan McCarty, John Carr, George L. Kinnard, Edward A. Hannegan, Ratliff Boon, John Ewing. Mississippi.-Henry Cage, Franklin E. Plummer. Illinois-Joseph Duncan, Zadock Casey, Charles Slade Alabama.-Clement C. Clay, Dixon H. Lewis, John Mur phy, Samuel W. Mardis, John McKinley. Missouri.-William H. Ashley, John Bull. DELEGATES. Michigan.-Lucius Lyon. |