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GALES & SEATON'S

Register of Debates in Conaress,

TWENTY-SECOND CONGRESS...FIRST SESSION:

FROM DECEMBER 5, 1831, TO JULY 17, 1832.

DEBATES IN THE SENATE.

LIST OF THE SENATORS.

MAINE.-John Holmes, Peleg Sprague.
NEW HAMPSHIRE.-Samuel Bell, Isaac Hill.

able JOSIAH S. JOHNSTON, Senator elect for the State of Louisiana, be permitted to take his seat. The credentials of Mr. J. had not, Mr. B. stated, yet arrived, but his election was a matter of such public notoriety, as to induce

HAYNE, on the propriety of having these credentials him. In which motion, after a brief suggestion from Mr. filed, the Senate concurred.

sentatives, notifying that a quorum of the Senate had asThe usual message was then sent to the House of Repre

sembled.

MASSACHUSETTS.-Dan'l Webster, Nath'l Silsbee.him to hope that the Senate would not hesitate to admit
RHODE ISLAND.--N. R. Knight, Asher Robbins.
CONNECTICUT.--Sam'l A. Foot, Gideon Tomlinson.
VERMONT.-Horatio Seymour, Samuel Prentiss.
NEW YORK.-Charles E. Dudley, William Marcy.
NEW JERSEY --M. Dickerson, Theo. Frelinghuysen.
PENNSYLVANIA.-Geo. M. Dallas, Wm. Wilkins.
DELAWARE.-J. M. Clayton, Arnold Naudain.
MARYLAND.-E. F. Chambers, Samuel Smith.
VIRGINIA. --Littleton W. Tazewell, John Tyler.
NORTH CAROLINA.--B. Brown, W. P. Mangum.
SOUTH CAROLINA.--R. Y. Hayne, S. D. Miller.
GEORGIA.-George M. Troup, John Forsyth.
KENTUCKY.-George M. Bibb, Henry Clay.
TENNESSEE.-Felix Grundy, Hugh L. White.
OHIO.-Benjamin Ruggles, Thomas Ewing.
LOUISIANA.--J. S. Johnston, Geo. A. Waggaman.
INDIANA.--Wm. Hendricks, Robert Hanna."
MISSISSIPPI.--Powhatan Ellis, Geo. Poindexter.
ILLINOIS.--Elias K. Kane, John M. Robinson.
ALABAMA.--William R. King, Gabriel Moore.
MISSOURI.-Thomas H. Benton, Alex. Buckner.

Mr. KING and Mr. FOOT were appointed a committee to join the committee of the House of Representatives to inform the President of the United States that the two Houses had organized, and were ready to proceed to business.

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The Senate then adjourned to twelve o'clock to-morrow.

TUESDAY, DECEMBER 6.

Mr. KING, from the joint committee appointed to wait on the President of the United States, reported that they had performed the duty enjoined them, and had received an intimation that the President would, at twelve o'clock this day, make a written communication to both Houses of Congress.

The communication promised by the President was received by the hands of Mr. DONELSON, his private Secretary; which, having been read, [see Appendix.1

On motion of Mr. KING, it was ordered that three thousand copies of the message, and fifteen hundred copies of the accompanying documents, be printed for the use of the Senate.

APPOINTMENT OF COMMITTEES.

Mr. KING moved that the 34th rule of the Senate be so far suspended as to authorize the Senate, in the absence of the Vice President, to appoint, by ballot, a chairman of the Committee on Finance; which motion being agreed to,

The Senate proceeded to ballot for a chairman of that committee, and Mr. SMITH, of Maryland, was chosen. The following standing committees were then announc

Mr. BELL, of New Hampshire, moved that the honor-ed from the chair:

[* Mr. H. was superseded, January 3, by John Tipton.]

VOL. VIII.-1

On Foreign Relations.-Messrs. Tazewell, White, King, Forsyth, and Bell.

SENATE.] State of the Finances.-Imprisonment of American Citizens.--Northeastern Boundary. [Dec. 7 to 14, 1831.

On Finance.-Messrs. Smith, Tyler, Marcy, Silsbee, and Johnston.

On Commerce.--Messrs. Forsyth, Dudley, Silsbee, Johnston, and Wilkins.

On Manufactures.--Messrs. Dickerson, Clay, Knight, Miller, and Seymour.

On Agriculture.-Messrs. Seymour, Brown, Moore, Hanna, and Waggaman.

ject; and he was of opinion that no additional information would be elicited by the adoption of the resolution.

Mr. HOLMES said he was satisfied that the message of the President did not embrace the information which the resolution called for. The question was, whether the decision by the King of the Netherlands was to settle the question of boundary. If not, the President would doubtless propose further negotiations on the subject, and the object of the resolution was to obtain the information whether further negotiations were or would be proposed. On the Militia.--Messrs. Barnard, Frelinghuysen, Clay-The President, in the exercise of his discretion, could ton, Prentiss, and Waggaman. give the Senate such information on this important matter On Naval Affairs.--Messrs. Hayne, Tazewell, Robbins, as they required, either confidentially or otherwise, as he Webster, and Bibb.

On Military Affairs.--Messrs. Benton, Barnard, Troup, Clay, and Kane.

might judge proper. It was due to the public to require

On Public Lands.--Messrs. King, Ellis, Holmes, Robin-such information: for there was no small anxiety in the son, and Hanna.

On Private Land Claims.-Messrs. Kane, Naudain, Prentiss, Ruggles, and Hendricks.

On Indian Affairs.--Messrs. White, Troup, Poindexter, Benton, and Wilkins.

On Claims.--Messrs. Ruggles, Bell, Naudain, Brown, and Moore.

public mind to know whether or not the decision by the King of the Netherlands was considered to be binding on the two Governments concerned, &c.

Mr. HAYNE said he was generally in favor of motions for inquiry; but, in this case, he would prefer a postponement for a few days. He thought the resolution, at this time, premature. The President had informed Congress that he would, hereafter, fully communicate, by special message, all the papers in relation to the subject; and he Grundy,[Mr. H.] was of opinion that the better course would be to wait for that information, when, if necessary, a motion

On the Judiciary.--Messrs. Marcy, Hayne, Webster, Frelinghuysen, and Grundy.

On the Post Office and Post Roads.-Messrs. Ellis, Hill, Ewing, and Tomlinson.

On Roads and Canals.--Messrs. Hendricks, Poindex-for inquiry could be properly shaped. ter, Hill, Mangum, and Sprague.

On Pensions.--Messrs. Foot, Chambers, Mangum, Buckner, and Sprague.

On the District of Columbia.--Messrs. Chambers, Tyler, Holmes, Clayton, and Miller.

On the Contingent Fund.--Messrs. Knight, Dudley, Tomlinson.

and

On Engrossed Bills.-Messrs. Robinson, Ewing, and Buckner.

The Senate then adjourned.

WEDNESDAY, DECEMBER 7.

STATE OF THE FINANCES.

The President of the Senate communicated the annual report of the Secretary of the Treasury on the state of the finances, the reading of which was dispensed with, and fifteen hundred additional copies ordered to be printed for the use of the Senate.

After the reception of sundry resolutions, and a short time spent in the consideration of executive business, The Senate adjourned to twelve o'clock to-morrow.

THURSDAY, DECEMBER 8.

IMPRISONMENT OF AMERICAN CITIZENS. The following resolution, yesterday submitted by Mr. SPRAGUE, was considered and agreed to:

"Resolved, That the President of the United States be requested to communicate to the Senate, if not incompatible with the public interest, all the information in his power, relative to the capture, abduction, and imprisonment of American citizens by the provincial authorities of New Brunswick, and the measures which, in consequence thereof, have been adopted by the Executive of the United States."

NORTHEASTERN BOUNDARY.

The following resolution, yesterday submitted by Mr. HOLMES, was taken up:

Mr. HOLMES regretted the suggestion for delay. There was a very strong feeling on the subject in the State of Maine; many of the citizens of which State thought they had been treated coolly, if not cavalierly. He would not, however, object to the delay for a few days, but, taking example from constituents, would be at least as indulgent in this matter as they had already been He would, therefore, const that the resolution should lay on the the table till ne ycek.

On motion of Mr. HAYL., the resolution was then lan upon the table.

The Senate went into the consideration of executive business; and, after sitting with closed doors for ... time,

Adjourned to Monday next.

MONDAY, DECEMBER 12.

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The Vice President of the United States attended today, and took the chair of the Senate.

On motion of Mr. CHAMBERS, it was ordered that the several officers of the Senate, who are now officiating, shall continue to act in their respective stations until Monday next.

After the reception of petitions and resolutions, and spending a short time in executive business, The Senate adjourned.

TUESDAY, DECEMBER 13.

The Senate spent a short time in receiving petitions and resolutions; and then Adjourned.

WEDNESDAY, DECEMBER 14.

The following message from the President of the United States was received, and read, and ordered to be printed: WASHINGTON, December 13, 1831.

To the Senate of the United States:

I transmit herewith, in obedience to a resolution of the Senate of the 8th December, 1831, all the information in "Resolved, That the President be requested to inform the possession of the Executive, relative to the capture, the Senate whether any further negotiation is commenc-abduction, and imprisonment of American citizens by the ed, proposed, or intended, in regard to the Northeastern provincial authorities of New Brunswick; and the meaboundary of the United States." sures which, in consequence thereof, have been adopted

Mr. POINDEXTER said the general message of the by the Executive of the United States. President of the United States treated fully on the sub

ANDREW JACKSON.

DEC. 15 to 19, 1831.] Duty on Tea.--The Militia.-Northeastern Boundary.--Election of Officers.

[SENATE.

The remainder of the sitting was spent in the reception were upwards of one million and sixty thousand, but some of petitions and other minor business.

THURSDAY, DECEMBER 15.

The President's message was taken up, and its various topics distributed to appropriate committees; and then, after a short time spent in executive business, Adjourned to Monday.

MONDAY, DECEMBER 19.

DUTY ON TEA.

Mr. SMITH, from the Committee on Finance, to whom had been referred memorials from sundry merchants of the cities of New York, Philadelphia, and Pittsburg, in favor of a further reduction of the duties on teas, made a report, accompanied by a resolution, that it is inexpedient to act on the subject of the memorials at this time.

States had not made returns of their strength since 1820. At the present time, it would be absurd to suppose that the militia, according to their new organization, would amount to two millions. The service of a militiaman, under the existing regulation, is twenty-seven years. Under that which he proposed, the term of service would be only fourteen years. Then, if Congress should think proper to organize the militia according to the above proposed plan, and the appropriation be raised to four, instead of two hundred thousand dollars, we might reasonably hope for an efficient militia in a reasonable time, besides the great saving of time which that organization would afford to those left out of the new enrolment.

Mr. FOOT withdrew his motion to amend, and the resolution was adopted.

NORTHEASTERN BOUNDARY.

Mr. CLAY rose to inquire of the chairman of the comMr. HOLMES called up his resolution which was laid mittee, whether it was intended that the report should on the table last week, inquiring of the President of the remain on the table or be acted on. Entertaining very United States whether any negotiation was commenced, different views from those which he understood to be proposed, or intended, in regard to the Northeast boundary. expressed in the report, he was desirous that the question the suggestion of a Senator from South Carolina, [Mr. of the repeal of the duty on tea should be fully and early

He stated that it was laid on the table in accordance with

considered by the Senate. This was due to the merchant, HAYNE,] that the documents expected from the President to the consumer, and to the important interests of the might convey the information required by the resolution. country. He would, therefore, ask whether it was in-But he had examined the documents since transmitted by tended that the report should, by reference to a Commit- the Executive, none of which conveyed the information tee of the Whole, or in any other manner, be brought be required. fore the consideration of the Senate, so that there may be some general expression of the sentiments of the whole body on the subject.

Mr. SMITH, chairman of the committee, replied that the usual course was not to act on reports on the day they were presented to the Senate; they laid on the table one day of course, and were taken up and disposed of on the day following.

THE MILITIA.

The following resolution, submitted on Thursday last by Mr. HANNA, was taken up:

Resolved, That the Committee on the Militia be instructed to inquire into the expediency of an organization of the militia, such as will embrace those only between the ages of twenty-one and thirty-five; and also of increasing the annual appropriation for arming the militia of the United States.

Mr. FOOT moved to amend the resolution by striking out the word an, and inserting the words "a reorgani

zation.

Mr. POINDEXTER moved to amend the resolution by striking out the words "proposed or intended," as he thought it improper to inquire of the President what negotiations he intended to institute.

Mr. HOLMES remarked that he was not disposed to be very fastidious, even in regard to asking the President's intentions; but still he could not perceive why he had not on this subject a right to know what the President did intend. But as the words "commenced or proposed" would embrace his whole object, he had no objection to modify the resolution by omitting the word "intended," but objected to expunging the word "proposed."

Mr. BIBB, suggesting that the resolution might involve a discussion which would not be proper in public session, hoped the gentleman would consent to transfer it to the executive journal.

Mr. H. consented to transfer the resolution to the executive journal, and accordingly moved that it be so transferred.

Mr. KING objected, stating that it was not the practice, and was improper. The gentleman could reach the obMr. HANNA replied that his object was not to limit ject by withdrawing it now, and offering it in secret session. the inquiry of the committee, but rather to impart to it Mr. HOLMES said resolutions had been transferred both all possible light and information on the subject. His sole ways. Legislative resolutions to the executive, and exeobject in submitting the resolution was to reduce the en-cutive to the legislative journals. It might, however, occur rolment of the militia, and raise the appropriation to pro- that our legislative proceedings might bring into discussion vide arms in such a manner as at once to afford an effect-matter exclusively executive, and the proper course was ive militia force. He would, however, accept the amend- to transfer the subject and discuss it with closed doors. On the other hand, a subject might be presented as an ex

ment of the Senator from Connecticut.

Mr. POINDEXTER observed that he was not apprised ecutive subject, which might become of a legislative chaof any organization of the militia by Congress. He, there-racter, or which did not require secrecy, and it would be fore, thought the word reorganization would be improper. proper to make it public by placing it on the legislative Mr. HANNA would state to the Senator from Missis-journal. These changes often become necessary, and the sippi, that there was an act of Congress which purported practice had been such as he suggested.

ELECTION OF OFFICERS.

to be an act organizing the militia of the United States, and The question being taken, the motion to transfer the referred to the act of 1806. It was on account of the requi-resolution to the confidential sitting was agreed to by a sitions of that act, he had offered the resolution in question. large majority. That act was in itself a nullity, because it required of the militia of the United States an impossibility. It required them to provide their own arms, and to appear on days of training with proper equipment. Now, if all the arms in the United States, both public and private, were put into the hands of the militia, they would not all be supplied. According to the last return of the militia, their numbers

The Chair announced the order of the day, for proceeding to the election of the officers of the Senate, and desired the members to prepare their ballots for Secretary.

Mr. CHAMBERS rose, and said that, before the ballot for Secretary be taken, he desired to obtain information in

SENATE.]

The Tariff-Duties on Teas.

[DEC. 20, 1831.

Further, sir, in recurring to the negotiation in this af- custom-houses in those continental colonies, thus performfair, it seems that, on our part, every thing was yielded, ing voyages circuitous on paper, but in fact direct. and in the humblest terms of concession. The Earl of Resolved, That the President be requested to inform Aberdeen triumphantly quotes Mr. McLane upon him- the Senate what are the duties paid on British American self, thus: "It (the measure of the American Congress) vessels and their cargoes respectively in British ports in concedes in its terms all the power in the negotiation of the West Indies and the other British American colonies, the colonial trade, and authorizes the President to con- distinguishing between the West Indies and the other fer on British subjects all those privileges, as well in the colonies, and between American and British vessels, and circuitous as the direct voyage, which Great Britain has the produce of the United States and of the colonies. at any time demanded or desired." So it seems we have On motion of Mr. SMITH, the resolutions were oryielded every thing, permitted, nay, solicited Great Britain dered to be printed. to prescribe the terms, and the consequence has been, as every one might have expected, a dead loss to our navigating interest.

I have, sir, another inquiry which I wish to propose. It has been intimated that this trade has taken this course: our productions are subjected to a much higher duty in the British West Indies than in their North American provinces. We are excluded from carrying from these provinces to their West Indies. To avoid this duty chargeable from our ports direct to the West Indies, the British vessel obtains a clearance, say from Halifax or St. John's, and clears from a port in the United States to a British continental port, sails directly to the West Indies, enters under this clearance from Halifax or St. John's, and thus avoids the high duty on our products from our ports to the West Indies direct. If such a practice is going on, it at once, and totally, excludes our participation in the whole trade.

One other inquiry is embraced by the rèsolutions which I intend to offer. It appears by Mr. McLane's despatches to the Secretary of State, that Mr. Herries, President of the Board of Trade, had presented a proposition for a modification of the tariff on importation into those British colonies, in which he had exhibited a schedule of the present and proposed duties. Mr. McLane, in his letter of the 22d November, 1830, indulges a hope of relaxation of the proposed duties, and this is the last we hear on the subject. Part of my purpose is to ascertain what are the duties now chargeable in the British colonies.

On the whole, sir, this subject is involved in too much mystery. Maine, it is feared, has lost a valuable portion of her territory in exchange for Rouse's Point, in New York. If, in addition to this, a large amount of her tonnage is to be dismantled to benefit this and other large States, let us know how, why, and wherefore; and for this purpose I offer the following resolutions:

THE TARIFF-DUTIES ON TEAS.

The Senate then proceeded to the consideration of the following report, made yesterday from the Committee on

Finance:

The Committee on Finance, to which were referred the memorials of the importers and dealers in teas, of New York, Philadelphia, Baltimore, and Pittsburg, report: That the memorialists pray, that in case Congress shall contemplate any reduction in the duties on teas, that such reduction may be made to take effect from and after the 31st December of the present year; being the same time at which the act of the 20th May, 1830, entitled "An act to reduce the duties on coffee, tea, and cocoa," will take effect on teas: their object being that whenever reduction in the duties on teas may be made, that it may operate simultaneously with the said act of May, 1830.

The committee deemed it proper to consult the Secretary of the Treasury on the subject, and particularly as to the effect an immediate reduction of the duties would have on the finances of the nation. His answer, they ask permission to submit as part of their report.

The committee are fully aware of the inconvenience which must arise to commercial men, by frequent changes in the duties. They are constrained, however, to report that it is inexpedient to act on the subject of the memorials at this time.

TREASURY DEPARTMENT,

December 15, 1831.

SIR: I had the honor to receive yesterday your letter of the 14th instant, accompanied by a memorial of sundry merchants of New York, praying that any further contemplated reduction in the duties on tea may take effect on the 1st of January, 1832.

Resolved, That the President be requested to cause to In answer to your request that I would state the effect be communicated to the Senate the number of vessels, upon the revenue of a reduction of the duties on teas and their tonnage and cargoes, which have cleared from to certain rates which have been proposed by persons enany ports in the United States to any port or place in gaged in the tea trade, to go into operation at the time the British American colonies since the President's pro- above mentioned, I beg leave to state, generally, that such clamation of 5th October, 1830; distinguishing those, if a reduction could not be made without materially disturbany, which cleared for such port and place, "and a mar- ing the estimates presented in the late annual report from ket," or for a British port or place, or some other port or this department on the state of the finances, nor consistplace; distinguishing, also, American from foreign ton-ently with the views entertained as to the entire payment nage, and also the entries of all vessels from any British of the debt on or before the 3d of March, 1833. colonial port, with their cargoes, since the above procla- Without more precise information than the department mation; distinguishing the tonnage as above, and designat-possesses of the quantity of tea in store, it is difficult to ing the British port or place from whence the cargoes furnish the details you request. The quantity, however, were imported. may be supposed to be greater than it otherwise would Resolved, That the President be requested to inform be, in consequence of the mutual desire, both of the imthe Senate what amount of American and foreign tonnage (distinguishing them) has been cleared for, and entered from, the Swedish and Danish West Indies, since the President's proclamation of the 5th October, 1830, with the kind and amount of the cargoes.

Resolved, That the President be requested to inform the Senate whether, since his proclamation of the 5th October, 1850, British vessels have cleared from the United States for any port in the British continental colonies in America, and have sailed directly to the British West Indies, by virtue of clearances previously obtained from

porter and the retail dealer, to preserve as much as possible of the importation for the benefit of the reduced duties which are to take effect on the 1st of January next. It will appear from the statement herewith transmitted, that the proposed reduction would be attended with a probable diminution in the revenue, varying from half a million downwards, according to the quantity of tea which may be found actually in store on the 1st of January.

It is believed, moreover, that the principal benefits of the proposed reduction would be conferred on the importer rather than the consumer. If, as is understood to

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