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Cumberland Road.

MARCH 20, 1826.

most amiable disposition possible, and where nothing in our brother's eye. the slighest degree indelicate can be endured, you are within my recollection, since the days of George Clinton, grossly mistaken-This body must probe every thing who has discharged the duties of the office, as well as reYou, sir, are the first Vice President, that comes before it, in the same manner that the ceived the salary-who has deemed that, as the laborer was House of Peers in England probes every thing, without worthy of the hire-so was the hire worthy of the laborer. consulting the delicate sensibilities of young misses of either sex, or going to the circulating library, or the Sor-ty correct on one important point-so long as the Vice If I make any mistake I beg pardon-I know I am pretrows of Werter, or Rousseau's Nouville Heloise, where President was content to receive the salary, without disthe most abominable sentiments are covered up in the charging the duties incident to the office, the chair was most elegant yet voluptuous language, or one of Anacre-filled by your countryman, so ably and so well, that it on Moore's songs, which the poor little things sing, and was, perhaps, a saving of trouble, that he should have the do not know that they are singing all the time-what appointment of the Committees, because he was respon cannot be named. The refinement of a nation is in lan-sible to the House, on the principle, qui facit per guage always in the inverse ratio of the purity of their facit per se; but when that state of things was changed, it manners. Did not the House of Commons compel Sir became proper for the Senate to take the appointment alium John Trevor to put the question himself whether or not he into its own hands. had been guilty of bribery, and corruption, as their Speak- an explanation of this thing-I shall then refer to the genAt some future time I will enter into er? They would not let the Clerk put it-he was reduc-tleman before me, who compared notes with me, on ed to propound it himself, and when it had voted that this and another subject, early in the session, and, it is unhe was guilty, they expelled him, and he had to walk out necessary to say that our opinion has no reference at all and make his humble bow of thanks that he was not to the gentleman who presides over this body. If that kicked out. no greater objection to its being exerted by the present appointment is to be given to any Vice President, I have Vice President than by any who shall succeed him.

HOLMES and RANDOLPH, the question was taken on
After some explanatory conversation between Messrs.
the motion to stike out the appropriation, and decided in
the negative, by yeas and nays, as follows:
YEAS-Messrs. Berrien, Chandler, Clayton, Cobb, Dick-

Van Buren, White, Willey, and Woodbury-15.

wards, Harrison, Hendricks, Holmes, Johnson, of Ken. NAYS-Messrs. Barton, Benton, Chase, Eaton, EdJohnston, of Lou. Kane, Knight, Marks, Mills, Noble, Reeds, Robbins, Ruggles, Seymour, Smith, Thomas.-21. for repairs made on the Cumberland Road in 1825; which Mr. COBB next moved to strike out the item of $ 750

I have said these things to put myself rectus in curia here we dont come here to pay compliments to one another-we dont come here to blink any question-to call bribery and corruption "influence"-we dont come here to call military despotism" a vigor beyond the law" -we come here to do our duty as men, to be the faithful Representatives of the States that send us here. Having done that, sir, according to my views of the true in-erson, Findlay, Hayne, King, Macon, Randolph, Sanford, terests of Virginia, I shall feel indifferent myself whether I fall under the censure of any other State, or subdivision of States, beyond a certain mystical line, a parallel of latitude, not having a common feeling and common interest with me, and which I will not trust to legislate within the limits of the State of Virginia on any subject, unless they can shew me the grant in this blue book, [holding up the Constitution,] and when they can, I cannot gainsay it-motion was lost. but never, under pretence of districting the States, or any other however plausible, shall they put their hands within the limits of that State, and do any one act that by the terms of the Constitution they cannot now lawfully do. I have said a great deal, as I generally do, that I did not intend to say-I came out for the express purpose of voting against this bill, sick as tory of the manner in which Missouri was let into the Union am, and to give the his-not admitted, but let in-not through the gate, but he could not refrain from making his acknowledgments In the course of this debate Mr. HARRISON said, that over the fold-for that express purpose-and having dis- to the gentleman from Virginia for the notice he had been charged that duty, I shall relieve the Senate from any fur-pleased to take of him. He has been pleased to say, ther annoyance on my part. that, in the administration of Mr. Adams, I was a Fede

words: "for defraying the expenses incidental to making Mr. COBB then moved to strike out the following examinations, surveys, &c. preparatory to, and in aid of, motion some discussion took place between Messrs. COBB, the formation of Roads and Canals, $50,000." On this RANDOLPH, HARRISON, CHANDLER, SMITH, and JOHNSON, of Ken.

While I am on my feet I give notice, that I shall, un-ralist, and he comes to that conclusion from the course less some other member undertakes it, seize the earliest pursued by me in the session of 1799-1800. At that sesoccasion, consistently with my views and my strength, to sion, the gentleman and myself met for the first time-he reinstate this body in its Constitutional privilege of ap-in the station of Representative from Virginia, and I in the pointing its own committees-I have exchanged opinions more humble one of Delegate from the Northwestern on this subject with the gentleman before me, as well as Territory. Having no vote, I did not think it proper to other members of the Senate, at the very outset of the take part in the discussion of any of the great political session, and I take this occasion to say, that, indisposed questions which divided the two parties. My business to yield this power to one of our own body, dependent was to procure the passage of the bills which I had introupon us for his appointment, I shall never be brought to duced for the benefit of the People I represented. The yield it to an irresponsible authority, over whose appoint- gentleman had no means of knowing my political princiment we have not a shadow of control. Whatever con- ples, unless he obtained them in private conversation. As fidence I may be disposed to yield that authority, how-I was upon terms of intimacy with the gentleman, it is veever bent on backing every effort to reduce the Presi-ry probable that he might have heard me express sentident's patronage, I am afraid that he, or some of his ments favorable to the then administration. I certainly agents, will remind us that this is" a question involving felt them-so far, at least, as to the course pursued by it "a departure, without example, from the established in relation to the Government of France. Nor, said Mr. usage of the Senate, on the motives of which, not be- H. was I unsupported in that opinion by those who had a "ing informed of them, they do not feel themselves com- right to control my actions, if not my opinions. In no petent to decide"-but, inasmuch as no Vice President part of the country were those measures more decidedly has ever been entrusted with this power before, they will approbated than by my immediate constituents-the Lecharitably insinuate that we had better take the beam out of gislature of the Northwestern Territory; as the address of our own eye, before we attempt to pull the mote out of that body to the President, during that session, will show.

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MARCH 21, 22, 1826.]

Indian Relations-Executive Proceedings.

[SENATE.

assigned that power is not this department. Further re-
flection had, however, satisfied him, that, though he could
not himself have originated such an inquiry, the correct
mode of meeting it was by the Judiciary Committee. He
should not, therefore, throw any obstacles in the way of the
gentleman's proposition for inquiry.

The resolution was then concurred in.
The Military Appropriation bill was read a third time,
PASSED, and returned to the House.

EXECUTIVE PROCEEDINGS THIS DAY.
EXTRACT FROM THE JOURNAL.

For Mr. ADAMS, said Mr. H. I entertained at that time, and have ever since entertained, the greatest respect. I believed him to be an honest man and a pure patriot, and his conduct during that session proved him to be such. This opinion I know, said Mr. H. was entertained by those two able and upright statesmen, JOHN MARSHALL and JAMES A. BAYARD. [To the question asked by Mr. RANDOLPH, whether Mr. H. recollected a conversation between Mr. NICHOLAS and himself, in relation to the Negroes and politics of Virginia, Mr. H. answered:] I recollect it perfectly well, but can this be adduced as an evidence of my favoring the sedition law? Mr. Nicholas was my relation and intimate friend; the conversation was entirely Mr. BENTON submitted the following motion: jocular, and so considered by that gentleman at the time, Resolved, That the injunction of secrecy be removed and ever after. I will never, said Mr. H. resort to any from the President's Message of December 26th, 1825, reone to support an assertion of mine on a matter of fact. lative to the proposed Assembly of American Nations at But, if I choose to do so, the gentleman from Maryland, Panama, and from all Executive communications made, and who sits opposite to me, (General SMITH,) and who was documents sent to the Senate in relation thereto, and from the brother-in-law of Mr. Nicholas, knows the undeviating all proceedings in the Senate upon that subject, from which friendship and support which I received from Mr. Nicho-the injunction of secrecy has not yet been removed; and las through his whole political life. Mr. JEFFERSON was at that six thousand copies of the whole be printed. Also, that time Vice President of the United States, and was that the injunction of secrecy be removed from all commuupon the most intimate terms with Mr. Nicholas. He took nications relative thereto, received from the Executive his seat as President of the Senate within fifteen minutes since the Senate's decision upon the Mission, and that an after the conversation alluded to had passed. If it had equal number thereof be printed as an appendix to the been considered in any other light by Mr. Nicholas than proceedings had, and documents first sent. Also, that all as a joke, Mr. Jefferson would certainly have heard of it, papers and documents sent, and communications made by and he would as certainly have withheld those evidences the Executive to the House of Representatives, and not of his confidence and regard which I received from him sent or made to the Senate, shall in like manner be printed through the whole course of his subsequent administra- in a second appendix, distinguishing the papers and pas tion. But, sir, said Mr. H. my opposition to the alien and sages sent to the House and not to the Senate, and those sedition laws was so well known in the territory, that a pro- sent to the Senate, and not to the House. Also, that the mise was extorted from me by my friends in the Legisla- resolution of December 28th, shall be transferred to the ture, by which I was elected, that I would express no Legislative Journal of the Senate. opinions in Philadelphia, which were in the least caculated to defeat the important objects with which I was charged. As I had no vote, I was not called on to express my sentiments in the House. The Republican party were all in favor of the measures I wished to have It was determined in the negative-yeas 6, nays 30. adopted. But the Federalists were the majority. Pru- The yeas and nays being desired by one-fifth of the Scdence, therefore, and my duty to my constituents, render-nators present, those who voted in the affirmative, are, ed it proper that I should refrain from expressing sentiments which would injuriously affect their interests, and which, if expressed, could, have not the least influence upon the decisions of Congress.

The question being taken on the motion of Mr. COBB, last above stated, was decided as follows:

YEAS-Messrs. Berrien, Cobb, Dickerson, Findlay, Hayne, King, Macon, Randolph, Sanford, Van Buren, White, Willey, and Woodbury.-13.

NAYS-Messrs. Barton, Benton, Chase, Edwards, Harrison, Hendricks, Holmes, Johnson, of Ken. Johnston, of Lou. Kane, Knight, Marks, Noble, Reed, Robbins, Ruggles, Seymour, Smith, and Thomas-19.

The bill was then passed to a third reading; and
The Senate adjourned.

TUESDAY, MARCH 21, 1826. The resolution submitted by Mr. HOLMES, yesterday, was considered and concurred in.

The Senate then proceeded to consider the resolution submitted by Mr. REED, yesterday.

Mr. BERRIEN said, when this resolution was presented yesterday, it occurred to him that the principle which directed that inquiry, was in itself so exceptionable, that he thought it was his duty, as a member of this House, and the Representative of a State, to express his conviction, that neither a Committee of this House, nor this Body, nor both Houses together, have the right to do what this resolution proposes shall be done. He meant to say it was not competent for this House, or both Houses, to decide what a sovereign State, in the exercise of its sovereignty, can, or cannot do. The department to which the Constitution has

The Senate proceeded to the consideration thereof.
On motion, by Mr. MILLS,
That the further consideration thereof be postponed
until to-morrow;

Messrs. Barton, Chase, Edwards, Mills, Sanford, Seymour.-6.

Those who voted in the negative, are,

Messrs. Benton, Berrien, Bouligny, Chandler, Clayton, Cobb, Dickerson, Eaton, Findlay, Harrison, Hayne, Hendricks, Holmes, Johnson, of Ken. Johnston, of Lou. Kane, King, Knight, Macon, Marks, Noble, Reed, Robbins, Rowan, Ruggies, Smith, Van Buren, White, Willey.-30.~ On the question to agree to the motion, (of Mr. BENTON,) It was determined in the affirmative-ycas 33, nays 3. The yeas and nays having been desired by one-fifth of the Senators present, those who voted in the affirmative, are,

Messrs. Barton, Benton, Berrien, Bouligny, Chandler, Chase, Clayton, Cobb, Dickerson, Eaton, Findlay, Harrison, Hayne, Hendricks, Holmes, Johnson, of Ken. Johnston, of Lou. Kane, King, Knight, Macon, Marks, Noble, Reed, Robbins, Rowan, Ruggles, Sanford, Smith, Van Buren, White, Willey, Woodbury.-33.

Those who voted in the negative, are,
Messrs. Edwards, Mills, Seymour.-3.

WEDNESDAY, MARCH 22, 1826.

The Senate took up, in Committee of the Whole, the bill making appropriations for the Indian Department, for the year 1826.

Mr. KING objected to the item of ninety-five thousand dollars, for contingencies, on the ground, generally, that the information in possession of the Senate, as to the probable amount and nature of the contingencies, requiring the appropriation of so large a sum, was not precise, or full enough, to authorize its passage, without further inquiry.

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Mr. EATON then moved to lay the bill on the table; which was negatived-ayes 12, noes 15; and the bill was then ordered to a third reading, without amendment.

ACCOUNTABILITY OF OFFICERS.

The Senate then resumed, as in Committee of the Whole, the bill to secure the accountability of disbursing officers and others.

The following are the first and third sections of the bill, on which the discussion principally turned:

"Be it enacted, &c. That no money, appropriated by any act or law whatever, shall be paid to any person for his salary, compensation, or emolument, who is, or shall be, indebted to the United States, until such person shall have accounted for, and paid into the Treasury, all sums for which he may be so indebted."

The Committee of Finance, to which the bill was recommitted, had reported, among others, the following amendment:

[MARCH 23, 24, 1826.

man speaking more than an hour, in support of the principle of the bill. Finally, the question was taken on Mr. KANE'S amendment, and negatived without a division; and

The amendments reported by the Committee were agreed to; and the bill was ordered to be engrossed for a third reading.

THURSDAY, MARCH 23, 1826.

On this day considerable business was done, but none which produced any Debate or incident of particular importance.

FRIDAY, MARCH 24, 1826.

Mr. BENTON rose, to ask leave, of which he gave notice on Wednesday, to bring in a bill for the relief of Don Carlos Dehault Delassus. This individual, said Mr. B., was the King of Spain's Governor in Upper Louisiana, at the time of the cession of that province to the United States, and upon the cessation of his functions there, he was transferred to Baton Rouge, and became the King's Governor over the province of West Florida. It is known to every body that we claimed this province, as far as the Rio Perdido, under the terms of the Louisiana Treaty, and that the King of Spain denied our right and refused to "To the third section add the following proviso: Pro- give it up. In this posture of demand and refusal, the vided, That nothing in this section shall extend to any per-question continued until the night of the 23d of Septemson who shall become indebted to the United States, ex-ber, 1810, when the American inhabitants of the West cept as a Collector or Receiver, or in some office or place end of the province rose in arms against the Spanish auwhich entitles him to receive, and makes it his duty to ac- thorities, captured the fort in which they resided, killed count for, public money." some, and made prisoners of the others, including the Governor. The Federal Government of the United States had nothing to do with this affair. It excited no body to insurrection, nor seized any thing by the hands of its na-agents; but the Federal Governor of Louisiana was hard by, and after a decent interval, the fort and its armament, with the province and its population, was delivered up to him; and, after a further interval, the captors, for their trouble and expenses in the premises, were gratified with some seventy or eighty thousand dollars out of the Treasury of the United States. In the mean time the prison

Mr. BERRIEN moved to amend this proviso so as to apply it to the first as well as the third section.

On these amendments, and on the principles and merits of the bill itself, a long, and, considering the confined ture of the subject, a very able debate took took place. The amendment of Mr. BERRIEN, was advocated by the mover, and by Messrs. MILLS, JOHNSON, of Ken. and HARRISON, as necessary to deprive the bill of a character of rigor, that would amount, in many cases, to cruelty and injustice; to shew which, and against which, they adduced examples, and argued at much length, anders, by order of the Governor of Louisiana, were set at lithe two first named gentlemen repeatedly.

The opposite grounds were taken by Messrs. HOLMES, WHITE, and COBB, who opposed the amendment, and supported the principle of the bill at considerable length, maintaining that the principle had proved highly salutary, so far as it had been tried, was necessary to procure general fidelity, and that cases of individual hardship should not prevent the adoption of a rule correct in principle and good in practice.

The question was, after two hours' debate, taken on Mr. BERRIEN'S amendment, by yeas and nays, and negatived, as follows:

YEAS-Messrs. Berrien, Bouligny, Chase, Clayton, Eaton, Edwards, Harrison, Hayne, Johnson, of Ken. Mills, Noble, Seymour, Smith, Willey.-14.

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berty: but the sum of thirteen hundred dollars, taken by the captors out of the Governor's private desk, and reclaimed by him as his own, and the further sum of six thousand dollars, taken out of the military chest, and reclaimed by him as the King's money, (sent to him for the payment of salaries, his own salary included;) these sums, I say, were not given up, but applied by the captors to the payment of their own men, and the Governor was told to look to the United States for his indemnification.

These, Mr. President, are the facts upon which is founded the application for leave, which I now make, to bring in "A Bill for the relief of Don Carlos Dehault Delassus."

With the bill, I shall present his petition, supported by vouchers; and, at the proper time, I shall, by a referNAYS-Messrs. Barton, Benton, Chandler, Cobb, Dick-ence to these, prove the truth of every word of the stateerson, Findlay, Hendricks, Holmes, Kane, King, Macon, ment which I have made. But my bill differs from his Marks, Randolph, Reed, Rowan, Ruggles, Sanford, Tho-petition in the measure of relief which it proposes to give. mas, White, Williams, Woodbury.-21.

Mr. KANE then moved to amend the proviso proposed by the Committee on Finance, by attaching thereto the following additional proviso:

The petitioner prays for the restoration of his own money, with interest, and for so much of the King's as would pay the arrearages of his salary to the day of his capture. He prays for this, and for nothing more nor less. He has not framed his petition, like a suitor in chancery, with a double aspect, looking to this, if he cannot get that. But, as a good chancellor always grants relief according to the case made out, and not according to the suitor's prayer, so we in my opinion, should give to the petitioner in this case On this motion, also, a long discussion ensued, in which the relief to which he is entitled, whether he has asked it Messrs. KANE, WOODBURY, HOLMES, MILLS, EA- or not; with this impression, I have drawn the bill for the TON, and RANDOLPH, engaged-the last named gentle-whole amount taken, and conceive it our duty to make

And provided, also, That nothing in this section shall be so construed as to prohibit the re-appointment to office of any person so indebted, who shall make it clearly appear that such indebtedness accrued from unavoidable accident or misfortune.

MARCH 27, 1826.]

Inquiry into Adjournment.

[SENATE.

the entire restitution to be just as clear, as is the petition-business would be done. It is generally understood that er's right to receive it. In the first place, we are bound the first session of Congress is the speaking session, and to restore it, because we had no right take it. We claimed this ought be emphatically so called-and the second sesWest Florida, as far as the Rio Perdido, under the terms sion is the acting, or business session. Mr. H. thought it of the Louisiana treaty; but we claimed no money under would be an advantage to take a little from the speaking that treaty, neither the King's nor his subjects; but the session, and add it to the business session. money of both was taken, and taken by those who took the Province, and we have made their act our own, and assumed all its liabilities, by receiving the fruits of their enterprize, and rewarding them for what they did. In the next place, the petitioner has a right to receive back all the money that was taken from his possession, both the King's and his own. His right to his own cannot be questioned; his right to receive the King's is just as clear. He was the King's officer, and had the keeping of the money for the purpose of paying certain salaries. The King trusted him, and it is not for us to say that he is unworthy of trust. Besides, the laws are in force, and payment can be coerced if refused. But the great moral ground is, that, having no right to take this money, we have none to retain it; that it is our duty to restore it, and the duty of others to account for its disbursement.

Mr. HAYNE wished the resolution should pass in the usual form. He wished those terms should be used which are ordinarily used, when the object is to ascertain what business is to be done prior to an adjournment. The very term recess, implied an interruption from one short period to another short period, and that this was the meaning of it in the present instance, was to be inferred from its being followed up by the particular inquiry in the second resolution, as to the period at which they were to meet again. Against this Mr. H. protested. He was satisfied that nothing was to be gained by an carlier meeting of Congress. When they met at the constitutional period, and adjourned on the 4th of March, more business was done than during the long session-it would be injurious to the public interest, as well as inconvenient to the members, to meet at an earlier period; at all events, the inqui I think, Mr. President, that these considerations are ry ought, he thought, to be made in the usual terms. sufficient, not only to procure me leave to introduce the Mr. NOBLE said, if the position of the gentleman from bill, but to ensure its final passage. But, if other consi- Maine was correct, he had seen a difference between the derations are necessary, they may be found in the cha- long and short session, which he (Mr. N.) had not seen racter of the petitioner, his former state, and present con- during the last ten years. He believed it was perpetual dition, and in the injustice with which all his countrymen talking, both during the long and the short session, there of Louisiana have been treated by these United States. was no difference. He was for meeting on the day auThe Ex-Governor Delassus is as irreproachable a man in thorized by the Constitution; and as for preventing talkprivate and public life, as any that lives. He has beening, that was, he thought, all folly. They knew what Governor, with almost unlimited powers, over a province business they had now before them, and it must be known larger than the kingdom of Europe, and he is now the cul- by the members from the new States, that if a day was tivator of a farm of some twenty acres in the suburb of the fixed, three or four weeks hence, for adjournment, the town which was the capital of his dominion. He had more, interests of a large portion of nine new States would be or rather ought to have more, than twenty acres. The jeopardized. The Bankrupt Bill, and the bill for the aboKing of Spain gave him some thousands; but the United lition of imprisonment for debt, were, he said, both imStates' Government picked a hole in his title papers, and portant measures, and the Senate would have again to go have fought him out of his land for five-and-twenty years. over the doctrine which they had already discussed in seHe is one of that body of Frenchmen who were transferred cret session. There was, too, another question, which to us with the cession of Louisiana, and who have seen the would consume considerable time, in relation to a certain young grow old, and the old die; who have seen a quar-treaty. He was therefore opposed to this resolution, and ter of a century roll over their heads, and a generation moved to lay it on the table; which motion was lost, ayes pass from the earth while they have stood at your doors 13, noes 17. vain petitioners for the land which they received from the bounty of a King, and which they are in danger of losing from the cupidity of a Republic.

The leave being granted, Mr. B. introduced the bill; which was twice read and referred.

After the transaction of some business not giving rise to debate, the Senate adjourned to Monday.

MONDAY, MARCH 27, 1826.

And then the question being taken on Mr. HAYNE'S proposed amendment, it was decided in the affirmative, ayes 19, noes 9.

Mr. FINDLAY was opposed to the resolution, from which he thought no good could be derived. It seemed to be connected with another resolution that proposed an earlier meeting of Congress than the Constitutional day. No good could come from it-their business was now in train-they were better prepared to act on it than they would be at the commencement of a new session. He was of opinion they would get through more business, now, in one week, than in three times that time hereafter. He was therefore opposed to the whole resolution.

INQUIRY INTO ADJOURNMENT. The Senate then proceeded to consider the following resolution, submitted on Friday last, by Mr. HOLMES: "Resolved, That be a committee, to be joined by Mr. MILLS thought that some resolution should be the House of Representatives, to report what business adopted, for the furtherance of public business. It was is necessary to be acted on this session, and when Con-admitted on all hands, though as the gentleman from Ingress may have a recess." diana suggested, there was sufficient talking in both sesMr. HAYNE moved to amend the resolution, by strik-sions-yet, when the termination of a session was fixed, ing out the words "have a recess," and inserting " adjourn." Mr. H. said he did not like the word recess, it looked like an earlier meeting of Congress, against which he protested.

Mr. HOLMES thought the words meant the same thing. The word recess meant a breaking up-a going away-and he did not know that adjournment meant any thing more. The sessions are very unequal, said Mr. H. and as we cannot add to the latter end of one session, the only way to lengthen it is by adding to the commence-a ment of it-and if the time was more equally divided, more VOL. II.-25

more business would be done in proportion to the length of time they continued in session. To effect this object, it was proper the time of adjournment should be fixednot that it should be at so early a day as to preclude the consideration of any important measure now before them

all he wished was to have a day fixed that they might see when they would get to the end of their labors, and then they would apply themselves earnestly to the business before them, with a firm determination to bring it to close.

Mr. HAYNE said he was opposed to the second resɑ•

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SENATE.]

Kentucky Asylum-Protection of Commerce.

lution, though in' favor of this. Congress ought not to adjourn till the important business before the House was disposed of, but it was important to know what that business was. The long session was an intolerable evil, and they should bring it to a close as soon as it could be done consistently with the public interest.

The resolution was then agreed to, modified as follows: "Resolved, That be a committee, to be joined by a committee of the House of Representatives, to report what business is necessary to be acted on this session, and when Congress may adjourn."

A second resolution offered by Mr. HOLMES, relative to an carlier meeting of Congress than the first Monday in December, was, at his suggestion, laid on the table.

TUESDAY, MARCH 28, 1826. KENTUCKY ASYLUM.

The Senate then proceeded to the consideration of the bill granting a township of the public lands for the benefit of the incorporated Kentucky Asylum for teaching the Deaf and Dumb.

[MARCH 28, 29, 1826.

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WEDNESDAY, MARCH 29, 1826.
PROTECTION OF COMMERCE.

The Senate then, on motion of Mr. HAYNE, proceed

Mr. COBB objected to the bill on principle, as an un-en to the consideration of the bill from the House, to proconstitutional grant of common property for a partial or local purpose, and argued against the bill on that ground, Whereupon;

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vide for "the employment of an additional naval force;" (which had been reported this day, by the Committee of Naval Affairs, without amendment.)

Mr. BARTON, in the course of the discussion, moved (for the purpose of obviating some objections, as well as to render the bill more perfect) an amendment, in sub-inconvenience will be experienced by the commerce to stance providing that the land to be granted should be sold under the direction of the President of the United States, as other lands of the United States are, and the proceeds applied to the benefit of the Kentucky Asylum for educating the Deaf and Dumb of the several States. This was opposed and supported by various gentlemen on various grounds; and

Mr. HENDRICKS intimated that he should move an amendment to confine the location of the land to one of the territories of the Union, as it would be prejudicial to the interest of any State, to have the location, according to the terms of the grant, made in a State.

To unite the views of both these gentlemen, and embrace their objects in a more acceptable form to himself, Mr. JOHNSON, of Kentucky, (the other amendment being withdrawn for the purpose,) moved an amendment that the land should be sold in five years, and be located in a Territory; which amendment was agreed to.

Mr. DICKERSON then moved to amend the bill further, by inserting a provision for a like grant of land to the Institution in New Jersey, for instructing the Deaf and Dumb; which motion he made pursuant to instructions from the Legislature of New Jersey.

This amendment was opposed by Messrs. ROWAN, MILLS, BENTON, and JOHNSON, of Kentucky; not from hostility to the object, but on the ground that it was irregular and improper to engraft on a bill a new measure, substantially by way of amendment, which had not been regularly introduced, and previously examined.

Mr. BENTON, in particular, placed his opposition emphatically on this ground.

Mr. DICKERSON maintained the propriety of the course he had pursued, and was supported by Mr. COBB, who saw no difference between the two cases, though he was opposed to both.

Mr. D's amendment was negatived without a division. The question being on the engrossment of the bill,

Mr. HAYNE said, that, since the passage of the General Appropriation Bill, accounts had been received of war haying been declared by the Emperor of Brazil against the Republic of Buenos Ayres. That war, said Mr. H. is still waging, and numerous privateers and pirates are found in those seas. Merchants have received accounts that the exigencies of the trade in that quarter are such, that, unless Government immediately send out an imposing force, serious those countries, to China, and even to the Coast of Africa. In consequence of a representation on this subject, which had reached the Naval Department, and the members of the other House, a resolution was passed some time ago, directing the Secretary of the Navy to report whether the disposition of the force authorized by law, and the appropriation heretofore made, would enable him to detach such vessels to this station as would be necessary for the service; and from the answer to that resolution, it appeared that the force had been so stationed and arranged, that not a vessel can be detached from it; so that this respectable trade must go without protection, unless means are furnished to the Naval Department to fit out the force which is here proposed. Mr. H. then read various extracts from the printed documents, showing the necessity of sending such a force, and the inadequacy of the means at present in the power of the Naval Department. Mr. H. adverted to the nature of the contest now carrying on; to the character of the persons in the vicinity; and to the nests of pirates recently broken up in Cuba; and said that, as it was manifestly necessary that some force should be sent to those seas, the committee had no hesitation in recommending the appropriation to the extent now asked for. The appropriation conformed to the estimate in every particular, except that the estimate was for twelve months, and the appropriation was for nine months only, which would be sufficient for the purpose proposed, tili the first of January next.

Mr. HOLMES rose to make some inquiry as to the amount of the force in the Mediterranean; whether there were not some vessels lying at Gibraltar which could be detached on this service; and whether we had not some frigates at home. There was one, he said, drawn up high and dry; he would ask, if there was no means of getting that vessel off. He was told when she was drawn up, that she might be launched very soon, whenever it should be required.

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