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MARCH 6, 1826.]

Appropriations for the Support of Government.

[SENATE.

get hold of the subject than through the appropriation bill; and he repeated, if he knew how to get hold of this specific part of the bill, without suspending the whole in its passage, he would make the motion.

thing official on the subject. He began to be a little tired of seeing that and the next appropriation in the bill, (for carrying the 6th and 7th articles, respecting the boundary of the treaty, into effect,) year after year. Considering how long it was since this treaty was made, Mr. C. said it Mr. SMITH, of Maryland, said, it never had been the was a wonderful circumstance to him, that, year after year, duty of any committee to examine further, on a subject of appropriations on the subject should still have to be made. this kind, than to ascertain whether the law authorized He hoped that, if the commission first alluded to could not the appropriation. Unless they received information from proceed in the business, that their salary, at least, would the President to the contrary, they supposed that the offibe suspended until they could. He understood that the cers were doing their duty. It would be very injudicious. commission was totally at a stand. It was, he thought, to stop the appropriation bill at this time; injudicious, perhigh time for the Senate to have some information on the haps, in relation to the quarter of the country from which subject, and if they could not withhold the money, let the gentleman from Georgia came. When this subject them know the reason why; and whether there was any was under discussion in Russia, Mr. S. said, the British prospect of bringing the labors of this commission to an Minister proposed the proper course, which was not acend. ceded to on the part of our Minister. The British Minister Mr. HOLMES, of Maine, said the Committee of Finance said, you will appoint a commission, and you do not know did not deem it their duty to go into an inquiry, whether when it will be determined, and it will probably cost you any of the officers provided for by law had done their duty more than the thing itself is worth; we will give you a or not; they had not inquired how far these gentlemen had specific sum of money, which you may divide among the proceeded; or whether they had proceeded at all. The claimants as you please, yourselves. That, Mr. S. said,. committee had ascertained that they were the commis- would have been the better course, but it was not adopted. sion-that they were duly appointed that their compen- We have adopted another, and have employed our agents, sation was agreed on, and was established either by treaty and pay them the salary established by law. The comor by law: till that commission was ended, it was a ques-mittee did not inquire into their conduct. tion with the Executive whether they were proceeding Mr. BERRIEN, of Georgia, agreed with his colleague correctly or not. It was not a question with the Commit- as to the necessity of some information on the subject; and mittee of Finance, whether they should withhold the sala- had looked with no inconsiderable degree of solicitude for ry from any officer for not having performed his duty. some results from this commission. But, in the consideraMr. HAYNE, of South Carolina, said, though the com- tion of the bill, before the Committee of Finance, the mittee do not feel bound to make an inquiry of that na-question of the propriety of making this appropriation did ture, yet there were some facts which were notorious, not occur, inasmuch as these were salaries provided by connected with the commission. The American commis-law, and that the committee had no right or authority to sioner is constantly here, said Mr. H. and, though he oc- go beyond the ascertainment of that simple fact. In reeasionally returns home, there is not a fortnight passes but lation to the information his colleague was desirous to obhe is found at Washington, sacrificing his private business tain, as it concerned them in that quarter of the country, and concerns to the duty of that commission. There never he doubted the propriety of retarding the appropriation was, Mr. H. said, in this or any other country, an indi- bill to await the answer to such a call. If this appropria vidual of greater industry, more devoted to his duties, or tion was not made, what was the consequence? If we who, in relation to this commission, had made greater ex-withhold from the officer his compensation, we must with.ertions. There was a good deal of business connected with it; application had been made, he knew, to the British Government, in some shape or other; this commission is still needed; they are devoting their time and attention to the subject; their presence here is necessary; and beyond this, Mr. H. said, he was not permitted to speak: but the individual he alluded to never had, nor was he capable, of occasioning any delay in the transaction of public busi

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draw his commission; and if we withdraw from the commissioner and arbitrator authorized by the American Gcvernment, their commissions, we deprive ourselves of the benefits we anticipated from their appointment. At this moment, perhaps, difficulties were interposed, but they were the subject of special negotiation with Great Britain; and prudence required, that, whilst we expedited these negotiations as much as possible, we should continue these appropriations; that we should continue these officers in commission till it was ascertained that no satisfactory result could be obtained.

Mr. COBB, of Georgia, said, from the character of the gentleman referred to, he believed there was no man who was more disposed to do his duty promptly. Yet, it Mr. COBB then inquired of the Chairman of the Comseemed to him that some information ought to be laid be-mittee of Finance, for information in regard to the next fore Congress on this subject, as to the progress made by article, for carrying into effect the sixth and seventh artithe commission in the discharge of its trust, before they cles of the Treaty of Ghent (for ascertaining the Northern continued to make appropriations for it. What was the boundary.) He recollected that, four years ago, there was progress made? If their operations had been suspended, some difficulty on this subject, and it was then thought they ought, he said, to know why it was so; what were that the Commissioner, and the other persons employed the difficulties thrown in the way; and, till they obtained in that business, were slow about it; and he should like to nformation on this subject, Mr. C. was not disposed to vote know if there was any prospect of its ever terminating. a salary, year after year, for literally doing nothing. He said, if he knew how to get hold of this part of the bill, he should be willing to suspend the item, till he could get >ome information of the nature he had intimated. He behieved a call had been made in the other branch of Congress, and when this was answered, they could then judge with more propriety whether it would be proper to continue the appropriation. There must, he thought, be some way by which Congress could get hold of this subject. He did not conceive they were bound down by any condition or bond to make appropriations, year after year, forever, for aught he knew, to maintain this commission; and he knew of no other way by which Congress could

Mr. HOLMES replied, that this was not the course usually adopted for going into an inquiry. The course to be adopted was, to lay a resolution on the table, calling on the President for evidence on the subject, and what pregress the business was in. There was so much feeling on this subject five years ago, Mr. H. said, that a bill was brought into the Senate, and passed both Houses of Congress, diminishing the compensation of the Commissioner; it was apprehended that the delay might, in some sort, be occasioned by the magnitude of the salary. Experience proved, he said, that business does not go along quite so quick with a heavy salary, as it does with a light one. That bill experienced great opposition. It was said the

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salary was fixed by treaty, and we had no right to lower it. It was, however, reduced from a thousand pounds sterling, to twenty-five hundred dollars a year; and it seemed, Mr. H. said, that that was not low enough to hurry the Commissioners, so as to finish their business. It was probable that the gentleman from Georgia, and the rest of the Senate, knew as much as the Committee of Finance on the subject. A communication had formerly been received from the President on the subject, in which he told them that they were making progress, and would probably finish soon; but when that soon was, Mr. H. said he did not know. This business was begun in 1816, and it is now 1826, and we have been paying the Commissioner, &c. all this time. They had a long journey to perform, to be sure, but they had not finished it. These commissions under treaty, Mr. H. said, had not been very successful. Out of the four under the Treaty of Ghent, only one was finished, in which he himself was concerned; and, if he were engaged in such a one again, he doubted whether he should finish quite so quick; and whether he should not have learned from some other, the way to procrastinate. That commission was completed in eighteen months. The second, under the fifth article, still continues, and there it stands. Whether this one will end so or not, he could not say. We never ought again, Mr. H. said, to establish a commission under treaty, without limiting the time; and he doubted very much whether the Florida treaty commission would ever have been ended, to this day, had not the Commissioners been tied to three years. The bill was then reported to the Senate, and the amendments made in Committee of the Whole having been concurred in, it was passed to a third reading.

The Senate then proceeded to the consideration of Executive business, and, at four o'clock, adjourned.

TUESDAY, MARCH 7, 1826.

The Senate, on motion of Mr. SMITH, of Md. took up the bill making appropriations for Fortifications.

Mr. SMITH, (a majority of the Committee of Finance having declined recommending the amendment,) moved to strike out the appropriation of $17,000 for the purchase of Throg's Point, on the East river, about ten or fifteen miles above the City of New-York-contending, in a speech of considerable length, that a fort at that point was, from the nature of the passage at Hurl Gate, entirely unnecessary for the defence of New York, and that, therfore, the money for this purchase, as well as for any works which might be constructed at the point in question, would be entirely thrown away, as the large sums expended at Fort Washington, and elsewhere, had now proved to be.

[MARCH 7, 8, 1826

ought to be acted on, that they might be sent to the House. The session could not continue much longer, and unless they were soon acted on, these bills could not, per haps, be acted on at all.

Mr. LLOYD said, the single question for the Senate was this: which class of business was of most importance that of an Executive nature, or these small bills. Whichever was most important, ought to have the prior ity. Mr. L. further stated, that his colleague (Mr. MILLS) had expsessed, his wish that the discussion in secret ses sion should not be delayed on account of his absence from his seat.

Mr. BERRIEN said there was nothing in the nature of this question to deprive the Senate of the right of expressing an opinion whether they should go into Execu tive business or not.

The CHAIR remarked, that the motion to go into Executive business was a proposition which did not admit of debate.

Mr. BERRIEN observed, he was about to say that the subject might be discussed to this extent-they might speak of the relative importance of the public and confidential business, without going into any of the details of these questions. In regard to the ordinary legislative business which is presented to the Senate, as soon as it is finished it is to be sent to the other House for them to act on it. In regard to the business of an Executive cha racter, there was nothing between the Senate and the Executive in which the assistance of the other House would be necessary. Therefore, though the other business were less important in itself, it became more important that they should act on it at once, as it must, to be effective, receive the assent of the other branch of the Legislature. He hoped, therefore, the gentleman would allow them one day for the ordinary legislative business of the session.

Mr. NOBLE said it was perfectly unimportant to him, but a sense of duty required him to say, that, if there were subjects which required their going into Executive business, they might as well do it first as last, and act on them at once.

The CHAIR remarked, that the debate could not proceed. It must be obvious to the gentlemen of the Senate, that the question presented by the pending motion in strict justice could not be debated, particularly in public session.

Mr. HAYNE said, on a motion made to go into Executive business, it was a question which, in some instances, ought to be discussed; but he agreed with the Chair, that it could not with propriety be discussed with open doors. The rule required, in fact, that as soon as the motion was made, the galleries should be cleared.

Mr. WOODBURY, (another member of the Committee of Finance,) opposed the motion of Mr. SMITH, and re- The question was then taken on going into Executive plied in detail to his arguments and statements-con-business, and decided in the negative-ayes, 15, noes 18. tending that the point, from all the information and knowledge before the Senate on the subject, was an important site, not only for a defensive work, but necessary for a Light House-referring to the reports of Engineers, &c. to sustain his opinions.

Mr. HARRISON, with the view of enabling himself to form a more decided opinion on the question, which was one of considerable importance, moved to lay the bill, for the present, on the table.

This motion was decided in the affirmative, by the casting vote of the President-and then,

On motion of Mr. EDWARDS, the Senate proceeded to the consideration of Executive business; and after some time spent therein, adjourned.

WEDNESDAY, MARCH 8, 1826.

Mr. EDWARDS moved to go into the consideration of 'Executive business.

Mr. KING suggested that there were several small measures of a Legislative character on the table, which

The Senate then, on motion of Mr. SANFORD, (by a vote of 16 to 14) again took up the bill making appropri ations for Fortifications-the question being on the mo tion made yesterday by Mr. SMITH, to strike out the appropriation of 17,000 dollars for the purchase of Throg's Point, and the right of way thereto, on Long Island Sound.

On this question the debate was resumed, and contin ued until a late hour in the afternoon-embracing not only the value of the particular site in question, as a position for the purposes of protection and defence, but the merits of the general system of Fortifications, recom mended and prosecuted for several years past. The ap propriation was advocated by Messrs. LLOYD, HARRI SON, SANFORD, EDWARDS, BRANCH, and HAYNE and the motion to strike it out was supported by Messrs CHANDLER, DICKERSON, HOLMES, and SMITH.

[The Speech of Mr. DICKERSON, of N. J. having re ference to the general subject of the policy of fortifica tions, was reported at large, and will be found at the close of the Senate debates in this volume.]

MARCH 9-13, 1826.]

Suspension of the Habeas Corpus.'

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[SENATE.

The question was taken on the motion of Mr. SMITH, "Md. be a Committee to inquire whether it is expedient, and decided in the negative, as follows: "in the present state of public affairs, to suspend the YEAS.-Messrs. Chandler, Clayton, Cobb, Dickerson, 'privilege of the writ of Habeas Corpus, and that they Findlay, Hendricks, Holmes, King, Macon, Marks, Row-“have leave to report by bill or otherwise. an, Smith-12. "On motion, NAYS.-Messrs. Barton, Benton, Berrien, Bouligny, "Ordered, That the message of the President of the Branch, Chambers, Chase, Eaton, Edwards, Ellis, Har-"United States, of the 22d instant, together with the rison, Hayne, Johnson of Ken. Johnston of Lou. Kane," documents therein mentioned, be referred to the same Knight, Lloyd, Noble, Robbins, Sanford, Seymour, Tho- "committee. mas, Van Buren, White, Willey, Woodbury-26. The bill was then ordered to a third reading.

THURSDAY, MARCH 9, 1826.

Mr. CHAMBERS moved that the Senate now proceed to the consideration of Executive business.

The CHAIR stated that there were some bills from the other House not yet read the first time; and Mr. SMITH intimated :: wish to make a report: but

Mr. CHAMBERS declined waiving his motion, stating that it was his wish to give the consideration of the confidential business before the Senate the preference, at present, over all other business, and he would not yield his motion, therefore, to any other subject. His motion prevailed; and

The Senate closed its doors, and so remained until the hour of adjournment.

FRIDAY, MARCH 10, 1826.

Mr. CHAMBERS moved that the Senate proceed to the consideration of Executive business.

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"Whereupon,

"Mr. GILES, from the committee, reported a bill to "suspend the privilege of the writ of Habeas Corpus for a limited time, in certain cases; and the rule was, by "unanimous consent, dispensed with, and the bill had "three readings, and was amended.

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"Resolved, That this bill pass as amended; that it be "engrossed, and that the title thereof be, An act to 'suspend the privilege of the writ of Habeas Corpus for a limited time, in certain cases" "-[in certain cases, said Mr. R.-not the cases which the Constitution has declared shall be the cases in which it shall be suspendedsaid certain cases-I should have spoken more properly to say in uncertain cases-for the certain cases are the cases of the Constitution.]

"The committee also reported the following message "to the House of Representatives; which was read and "agreed to, to wit:

"Gentlemen of the House of Representatives:

"The Senate have passed a bill suspending, for three "months, the privilege of the writ of Habeas Corpus, in "certain cases, which they think expedient to communi

Mr. KING hoped the gentleman would first permit«cate to you in confidence, and to request your concurreports from the committees to be made.

Mr. CHAMBERS said he had made his motion for the express purpose of precluding all other business, and therefore declined waiving it.

The Senate then, by a vote of 19 to 13, went into

rence therein as speedily as the emergency of the case shall, in your judgment, require.

"On motion,

Ex-"mittee to deliver the message to the House of Repre"Ordered, That Mr. SMITH, of Maryland, be the Com

ecutive business, and remained with closed doors for some time; and then adjourned.

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SUSPENSION OF THE HABEAS CORPUS. Mr. RANDOLPH, of Virginia, rose to make a motion, which, said he, I hope and believe no one member of this body will dissent from. It is, sir, for printing a most important document of old times, which is not on our files, and which, if not found on the files of the other House, is not in existence, officially, any where. The document I allude to is one, the history of which I gave the other day, in conclave-and which I certainly do not mean now to trouble the Senate with the repetition of─I believe the day, the 9th perhaps of last month, when I anticipated what has come to pass in Russia. Sir, I then said that I spoke from memory, but I have since done what I am not in the habit of doing-I have hunted the Journal; I have applied to the Secretary for a copy of the document, and he has it not. I at first thought it might have been burnt by the British: for they served us as the Irish insurgents did a Banker, against whom they had a special spite, when they burned all his notes in order to break himin like manner they did some of us a very great service. Whenever any thing is wanted, we now can have the answer of old Caleb Baklerstone, referring its absence to the fire at Wolf's Crag. I find, in the Journal of the Senate to which I have had recourse, this entry:

"Friday, January 23, 1807.

"On motion, by Mr. GILES,

"sentatives."

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And now, sir, let us turn to the House of Representatives-because the bill was never printed; there is not an office copy of it to be found here; it was carried to the House of Representatives and, if not found there, there is no office copy of it in the world; though there are copies equally entitled to credit with any office copy whatever.

"House of Representatives, Monday, January 26, 1807. "A message was received from the Senate, by Mr. "SAMUEL SMITH, as follows:

"Mr. Speaker: I am directed by the Senate of the "United States to deliver to this House, a confidential "message in writing. Whereupon,

"The House being cleared of all persons except the "members and Clerk, Mr. SMITH delivered to the Speaker "the following communication, in writing:

"Gentlemen of the House of Representatives: "The Senate have passed a bill suspending, for three "months, the privilege of the writ of Habeas Corpus, in "certain cases, which they think expedient to communi"cate to you in confidence, and to request your concurrence therein, as speedily as the emergency of the case "shall, in your judgment, require.

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"Mr. SMITH also delivered in the bill referred to in the "said communication, and then withdrew.

"The bill sent from the Senate, entitled 'An act sus*Ordered, That Messrs. GILES, Anams, and SMITH, of "pending, for three months, the privilege of the writ of

SENATE.]

Suspension of the Habeas Corpus.

"Habeas Corpus, in certain cases,' was read the first "time.

[MARCH 13, 1826.

is an adult, 16 years having passed since his baptism at the new political font-and receive confirmation, and exone"A motion was made by Mr. PHILIP R. THOMPSON [an rate his Godfather-he who stood for him at the baptismal "old coadjutor of mine, said Mr. R. and I have no hesi-font-from all further responsibility on his account for his "tation in saying, at my instance] and seconded, that the "House do come to the following resolution:

"Resolved, That the message and bill communicated "to this House, from the Senate of the United States, "and the proceedings of the House thereon, ought not to "be kept secret, and that the doors of the House be now opened.

And on the question thereupon,

"The doors of the House were accordingly opened, "and the Speaker stated to the House, that the bill sent "from the Senate having been read the first time, the question would be, shall the bill be read the second "time? Whereupon,

“Opposition being made by a gentleman from Virginia "to the said bill, and debate arising thereon, the question, "(in conformity to the rules of the House,) was stated by "Mr. Speaker, to wit:

political sins. He calls on him to come forward, to get another endorser, for that he must take his name off his paper-that is a phrase which now a days is much better understood!

Under these circumstances, said Mr. R. it has been to me a matter of wonder, that, during the late electioneering campaign-I have expressed myself to that effect to my good friend on my left, (Mr. MacON)-as I had but a sha"It was resolved in the affirmative-yeas 123, nays 3."dow of preference amongst the contending parties, I did The nays were Josiah Masters, David Thomas, and Na- not mix myself with one side or the other in the electionthan Williams, [two of them, I know, and all three of I often expressed my wonder to him, for two years that them, I believe, from New York.] preceded, that this fact had never been brought forward and used, as please God I would have used it, if I had had any interest in doing so; and I now discover the cause; it was not known-and permit me to say, it would never have been known to me by any industry of research or labor, if I had not been-whether fortunately or unfortunatelycontemporary with this Government, first as a spectator in the lobby, from its origin-from the dissolution of the old Congress, which I saw expire, and a new butterfly come out of the chrysalis state-up to 1799, when I first took my seat in the Congress of the United States, with the gentleman who presides in the court below-(I do not speak as to jurisdiction-(the term is technical)-but in reference to the place where it holds its sittings,) with so much honor to himself and benefit to this country; from whom, though I may have differed in the course of a long political life, I have never withheld that respect, not even in conflict on the floor of the other branch of the Legislature, where he sat, during one session, in times when party spirit was at its height-I never, for a moment, lost sight of the immeasurable distance that separated me from that man, in every respect that could he mentioned, except age-and he was nearly old enough to be my father-for, where I meet with real worth-where I meet with a man of real talent-whether associated with him or not-whether placed in a situation where I was to appear only as a foil to his superior merits and ability, [pointing to the seat of Mr. Tazewell,] I can yield him that precedence which I shall never give to the assumption of superior merit, where I know and feel that it does not exist.

"Shall this bill be rejected'
“And, on the question to reject,
"It was resolved in the affirmative-yeas 113, nays

19."

What is the most remarkable thing, said Mr. R. is, that of these nineteen nays, there is not one man from the Old Dominion-not one man. There were but four South of the River Ohio and South of the River Potomac-let me count them-Evan Alexander, of North Carolina, Elias Earle, of South Carolina, Thomas Sandford, of Kentucky, and Matthew Walton, of Georgia-I beg pardon, of Kentucky-the Yazoo led me into the error; I find, also, amongst the nays, on this occasion, the name of a certain Mr. Barnabas Bidwell, who commenced the lead in that House in that very session! I find, too, the names of Josiah Masters, Gurdon S. Mumford, Henry Southard. And then, sir, in turning back to the Senate Journal, there is not one trace, neither yea nor nay. The only entry to be found on the Senate Journal afterwards was the following:

"The following message was received from the House "of Representatives by Mr. BECKLEY, their Clerk: Mr. "President-the House of Representatives do not concur "in the bill, entitled "An act to suspend, for three months, "the privilege of the writ of Habeas Corpus, in certain "cases; and he withdrew."

But as the rule was unanimously dispensed with, and the bill had three readings in one day, unanimously, it is to be inferred from that fact-for reasons which I gave to the Senate when the doors were shut, and which I don't choose to give now that they are open-there was no opposition here. Now, sir, not being able to find any trace of this bill here, it never having been printed-it never having been on file-the question is, where is it to be found? In the other House, if any where-if any where, I say again-if any where!

That suspension of the writ of habeas corpus was the first oblation which the present Executive Magistrate made at the shrine of power, when he gave in his adhesion on the desertion of his federal friends! Up to that session, he had been as staunch an adherent of the federal opposition to Jefferson's administration as any man in this country! We know by a voice-not from St. Helena, but from the South side of James' river-who was the sponsor who introduced him into the political church, who promised and vowed certain things in his name, which he has not yet disclosed; we hear that voice proclaiming from the Wigwam, and loudly calling upon him to come forward-now that he

Sir, I consider that of all the stretches of power-talk about Internal Improvements!—of the expediency of suspending the privilege of the Habeas Corpus, in certain cases, in the teeth of the Constitution! What says the Constitution? That the privilege of the writ of Habeas Corpus shall not be suspended, except in two cases. What are they, sir, what are they? You would not have had that privilege, even if there had been no restriction, in your power; because you have no where had the grant of power to suspend the grant of power-the restriction is ex abundanti cautela-out of abundant caution, overweening care-like the restriction on the liberty of the press, in the teeth of which the sedition law was passed-like the restriction on an established church, in the teeth of which, for aught I know, an established church for the Catholics may be passed by this Congress, or by that of Panama.

These are in the amendments-take notice, there is no grant in the body of the Constitution. Article 1, section 9. The privilege of the writ of habeas corpus shall not be suspended, unless when in cases of rebellion or invasion, the public safety may require it."

Well, sir, here was a bill to suspend it-not in a case of rebellion or invasion; because all that was necessary would have been for the President to have sent a message, that there was rebellion or invasion, and to call for the suspension. There was no message from the President to that effect. I have no hesitation in saying that it was well understood that the channel through which the communication

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MARCH 14, 1826.]

Executive Proceedings on the Panama Mission.

[SENATE.

He did not see the motive which had induced the gentleman to make the motion, and at present he must acknowledge he should be very unwilling to send a proposition of this sort to the House of Representatives.

Mr. SMITH, of Maryland, asked whether it was not required by the Rules of the Senate, for a resolution of this kind to lie one day.

The CHAIR declared such was the rule, unless its immediate consideration was asked for by the mover; and Mr. RANDOLPH not pressing its immediate consideration, it was laid on the table until to-morrow.

The Senate then again proceeded to the consideration of Executive business, and remained with closed doors until six o'clock.

TUESDAY, MARCH 14, 1826.

The Journal of yesterday having been read-
Mr. RANDOLPH rose, and addressed the Senate nearly

mitted yesterday, and on various topics connected with
that and other political incidents in the history of the coun-
try, particularly on the report made (by Mr. JOHN QUINCY
ADAMS) from the Select Committee of the Senate, in 1807,
in the case of John Smith, a Senator from Ohio, charged
with being an associate in Burr's conspiracy-which re-
port Mr. R. concluded by moving to have printed for the
use of the Senate, (and withdrawing the motion that he
made yesterday, in regard to the bill suspending the pri-
vilege of the writ of habeas corpus, that bill having been
since found.)

The motion to print the report was negatived, without a count, and then, about 4 o'clock,

The Senate, on motion of Mr. SEYMOUR, went into the consideration of Executive business.

was made-not at all-I make no such allegation against Mr. Jefferson-but alleged to have been made by him-was the channel of that gentleman who reported the bill to have been duly engrossed-the middle member of this committee-(Ispeak without irreverence-I have my principles on that point)-the second person of this trinity in unity. It was well understood at that time-I never doubted it-I had my information from a member of this body, at that time, who was as honest a man as ever breathed-there is no message on the Journal recommending it-there is no official document-the bill is not now to be found-but it did pass this House-to suspend the habeas corpus, in certain cases. Will the Senate pardon me for saying, that, to that suspension, was I indebted for my seat in the other House. At the preceding session of Congress, it was my misfortune not to see exactly with the eyes of people in power. I wanted some of that very laudable modesty which Chatham said that he admired whilst he despaired of imitating it-the modesty of the retainers of the Treasury bench-four hours, on the subject of the resolution which he subwhose humility never allowed them to put their opinions in opposition to that of the minister for the time being. The next election came on in the April following this January, 1807. That bill-it was the panoply under which I sheltered myself the text from which I preached; and, as on the issue of the first battle greatly depends the fate of the succeeding campaigns-no opposition dared to show itself; from that day, Sertorius like, or like Eumenes, I carried on the war upon my own resources, or as the King of Prussia carried on the war against the combined continent of Europe-for seven long years-relying on my own resources, and on them alone, against the General Government, the State Governments, and, I believe, every press in the United States, and maintained myself not in the Peninsula, but in that district, where, in case of the worst that can happen, I look for refuge under any change of fortune, political or otherwise. My enemies never dared to face me and uphold this outrage upon the Constitution; and do you think if I had been engaged heart and hand in this late election, I would have let this thing sleep? No, it should have rung like a funeral knell in the ears of the incumbent and the expectant. Let that pass-I did not disturb its sleep-I did not meddle with it; it was not for me to wake the adder-the rattlesnake-the good old rattlesnake-the emblem of liber-lowing resolutions: ty. "Don't tread on me!" I did not care one button which of the contending parties he bit-not one farthing. Sir, I must take leave to express myself here, as every where else, in my plain fire side, plantation way. The Little advancement and I cannot say that I feel it very highly, sir-from a majority to a colonelcy, has never altered my manners, and never shall, either in this Legisla ture or out of it; and I shall continue to be the same man, I trust, both at home and abroad, that I was before. I would, therefore, respectfully move, that a message be sent to the House of Representatives, requesting of that House an office copy of the bill sent to them by this House It was determined in the affirmative-yeas 23, nays 20. on Monday the 26th day of January, 1807, suspending for The yeas and three months the privilege of the writ of habeas corpus in nays being desired by one-fifth of the Secertain cases. If it does not come from that House-and I am rather afraid it will not-I do not believe it has been nators present, those who voted in the affirmative, are, Messrs. Benton, Berrien, Branch, Chandler, Cobb, burnt either-for I have some very obscure recollection in my mind of its disappearing off the file of that House Dickerson, Eaton, Ellis, Harrison, Hayne, Hendricks, long before the war was declared, or there was any fire in Holmes, Johnson, of Ky. Kane, King, Macon, Randolph, the Capitol-I dont mean the library fire, but Ross's fire-Rowan, Ruggles, Van Buren, White, Williams, WoodJohn Bull, on that occasion, made himself an Irish Bull: be tried to break his enemy the Banker by burning all his I make you that notes that he could lay his hands on. motion, sir. The PRESIDENT being about to put the question on agreeing to the motion

Mr. BELL, of New Hampshire, rose, merely to suggest that this motion was somewhat of an extraordinary nature,

[This day the final question on the celebrated Panama Mission was decided: and here is the place to insert the record of Confidential Proceedings thereon, ordered by the Senate, by a vote on this day, to be made public. Those Proceedings are as follows, viz:]

EXECUTIVE PROCEEDINGS.
WEDNESDAY, FEB. 15, 1826.

Mr. VAN BUREN, of New York, submitted the fol

Resolved, That, upon the question whether the United States shall be represented in the Congress of Panama, the Senate ought to act with open doors; unless it shall appear that the publication of documents, necessary to be referred to in debate, will be prejudicial to existing negotiations,

Resolved, That the President be respectfully requested to inform the Senate whether such objection exists to the publication of the documents communicated by the Executive, or any portion of them; and, if so, to specify the parts, the publication of which would, for that reason, be objectionable.

On the question to agree thereto

bury.-23.

Those who voted in the negative, are,

Messrs. Barton, Bell, Bouligny, Chase, Clayton, Edwards, Findlay, Johnston, of Lou. Knight, Lloyd, Mellvaine, Marks, Mills, Noble, Robbins, Sanford, Seymour, Thomas, Van Dyke, Willey.-20.

WEDNESDAY, FEBRUARY 22, 1826. The Senate resumed the consideration of the motion and he should be glad to take a little time to consider it. I submitted by Mr. ROWAN on the 20th instant: and

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