manner in which any change is to be made in our articles of union and confederation, is already provided for in the Constitution isself-in article fifth. The Constitution has provided that, whenever these confederated States shall see cause to use them-means by which this instrument shall be changed, always saving, until 1808, the clause securing the slave trade and capitation tax from any alteration until that time. If we choose to go into common alliance with the South American States, or with the State of Hayti, or the States of Barbary-(Algiers, too, is a Republic)—we have a right to do it-the States, and the People of the States, are not in pupilage-they are sui juris-they have a right to become parties to the Holy Alliance to-morrow; but how? agreeably to the provisions of this little book, if they please-but they do not please; and, above all, they will not please-they will not please to have that change made, not according to the rules established by themselves, but by the sie volo, the sic juben, the stat pro ratione voluntas, of any man, however high in office, by the instrumentality, and under the color of fitting out a foreign mission for any Congress or Confederacy on the face of the earth. There is a regular Constitutional mode in which these things are properly to be done; there is a regular Constitutional mode by which, if you please, every Negro in the United States may be set free; because the Southern States have, each for herself, the right if they please; but they dont please; and they as little please to do it by a law of their own making, as to have it done by measures that tend to a fundamental change in the original compact between them as States; by going into joint stock companies with any other States whatever, except such as we may choose to create out of our own Territory-out of that which was part of the good old United States, or out of the territory which the United States have acquired by treaty with foreign Powers.

[SENATE.

bear that practice in town-that it cannot be safely fol-
lowed in London. You might as well attempt to deplete
an habitual sot, whose pulse, once got down, not even
brandy will get up again; a man accustomed to the preter-
natural stimulus-I have stated, as to deplete a Londoner,
who is accustomed to the stimulus of the excitement of
the atmosphere. But there is a moral atmosphere too in
London-there is not a place on the face of the earth,
where there is so much public spirit-so much active be-
nevolence-where there is so much munificence, and so
much is given away in charity. I speak not of the gross
amount, but in proportion to her wealth, over-grown and
enormous as it is. I believe, with the author of this book,
[Burke] that the spires of her charities avert from her the
lightning of Heaven, which her depravity would otherwise
call down. There is a moral atmosphere-there is hardly
a man of note, who does not belong to some society-
like our Colonization Society, and like that, it is a theatre
for display, like other theatres. They go there to praise
one another to their faces, in a manner that I had no con-
ception of then. But the example has not been lost upon
us. They are all of one opinion; a set of resolutions are
drawn up which nobody is expected to oppose. It would
be unheard of to do so, and reckoned indecent to do so.
All is cut and dry-like what is called here a caucus, why,
I could never teli.

No one thinks it worth while to oppose them, for it would be labor lost-speeches are made, cheerings follow, and clapping and thundering applause-such as is seen in our theatres, and might well shake the nerves of such as are not used to it-such overweening praises are given. And these men are in the habit of imbibing so much and such refined as well as gross adulation, that they cannot live out of the atmosphere of London. The fine ladies of course have the vapors upon the abstraction of this stimu lus-this moral stimulus of the atmosphere of London is Sir, said Mr. R. if, in the course of the very tedious necessary to their existence. I can only suppose themand desultory remarks-more tedious even to me than these good men-subject to the infirmities of our nature, they appear to have been to the Senate-which I have and falling under the temptation to which they are pecusubmitted, I may have let drop any unwary or unfounded liarly exposed. The theatre of their glory was the slave expression in reference to any individual, particularly any trade-now it is the abolition of slavery every where; at trans-Atlantic individual, I hope to be permitted to take every risk of consequences, to which they are stone-blind. the full benefit of all the qualifications which a man of If they would only be content to let the man alone-if they honor never fails voluntarily to give to any rash or harsh would not insist upon plastering him an inch thick with expression, dropped in heat of blood, however founded mercurial ointment, and I know not what active poisons in fact, and which he is particularly anxious always to without, and filling him to the throat with calomel and give to men who are emphatically men of peace. I must jalap, within, he will, may be, get well; or at best, he can be permitted to say, that there exists, in the nature of but die a natural death-probably an easy one. But, na man, ab oro, ab origine, of degraded and fallen man-for sir, the politico-religious Quack, like the Quack in medithe first-born was a murderer-a disposition to escape cine, and in every thing else, will hear of nothing but his from our own proper duties, to undertake the duties of nostrum-all is to be forced-nothing can be trusted to somebody or any body else. There exists a disposition, time, or to nature. The disease will run its course-it has not to do as our good old Catechism teaches us to do run its course in the Northern States; it is beginning to run to fulfil our duty in that station to which it has pleased its course in Maryland. The natural death of slavery is God to call us. No, sir; it is obsolete and worm-eaten- the unprofitableness of its most expensive labor-it is also we must insist upon going to take upon ourselves the si- beginning in the meadow and grain country of Virginiatuation and office of some one else, to which it has not among those people there-who have no staple that can pleased God to call us of the Hindoos and the Otahei- pay for slave labor-especially amongst those who have none tan; of any body or any thing but our own proper busi- or very few slaves-these are the strenuous advocates of ness and families; and these very amiable-for such they all these principles-in Virginia-most of them of the best are-these very pious men-for such I believe them to intentions-all of them mistaken. The moment the labor be--I don't mean all of that connexion-but I mean the of the slave ceases to be profitable to the master, or very men whom I particularly have named or indicated-are soon after it has reached that stage-if the slave will not led away by this self-delusion, aided by the influence of run away from the master, the master will run away from the moral atmosphere of London, which no man can the slave; and this is the history of the passage from slavebreathe with impunity-men of abstraction and visionary ry to freedom of the villainage of England. The freecharacter more especially. Let me be understood-the born Englishmen were once adscripti glebæ, like the serfs physical atmosphere of London is of such a nature-the in Poland. Are not those of Russia and Poland going physical excitement is so great-the wonders, the stir, the through this very operation at this very time, and from bustle, the objects continually changing before the eyes this very cause? And shall we be made to suffer ship-the pulse of life is so habitually stimulated-that the wreck, we of the South I mean, in steering our bark best bred physicians have agreed that the diseases which through this Euripus, by the madness of our pilot and our Emperiously require depletion in the country, will not own folly-steering between this Scylla and Charybdis (not

VOL. II-10

SENATE.}

Appropriations for the Support of Government.

[ MARCH 3, 6, 1826.

of the Bahama passage) but of the imprescriptible rights question, or their safety endangered, that gentleman well of Kings (jure divino) on the one hand, and the impre-knows, not only that we, said Mr. H. will-be found acting scriptible rights of Negro slaves on the other? Is there no medium? No medio tutissimus ibis? No parental injunction, "Parce, Puer stimulis et fortiter utere loris?" No-nothing of this. Thus fools rush in where angels fear to tread-whether ill meaning or well-meaning fools is of no importance to me, if my ruin is to be accomplished by their interference. What matters it whether the firebrands scattered, were scattered by a fool, in sport, or by a mad-man, in earnest, if the city is reduced to ashes; or whether the firebrands were scattered by the hand of a Guy Faux, with religion in his mouth, a firebrand in his hand, and hell in his heart? Nothing at all. It is important to the agent, as it regards his guilt in the sight of God, but both of them would be apt to meet their doom from the hand of man.

cordially and zealously together, but that the whole South will be as one man. On this subject, however, Mr. H said, he was at all times most reluctant to touch, and he certainly would not enter upon it on the present occasion. Nor would he at this time say a word in respect to another question to which the gentleman from Virginia had alluded, the relations which ought to exist between the new Repub. lics and ourselves. The question now before the Senate was, whether we should postpone, for a few days, a resolution calling on the Executive for information relative to the principles and practice of these Republics. The simple and only object of the postponement was to ascertain whether the application would probably add any thing to the information we already possess on this subject. If, on further reflection and inquiry, the gentleman from Virgi

believe that the Executive was in the possession of more information than the Senate possessed in this particular, he would not object to any call calculated to elicit that information. But in that case he would suggest the propriety of such a modification of the resolution as would point more specifically to its objects. The gentleman from Virginia had, in acknowledging the friendly relations which existed between them, asked to be "saved from his friends."—He would say to that gentleman, that while he was proud of the relation in which he stood towards him, he trusted that on this, as on all future occasions, he would prove himself a friend by the part he should act towards that gentleman.

Mr. H. concluded by moving that the resolution be laid upon the table, which (Mr. RANDOLPH assenting) was ordered accordingly.

And the Senate then proceeded to the consideration of Executive business.

I have said, sir, a great deal that I did not mean to say,nia, or any other gentleman, should have good reason to and have left unsaid a great deal that I did intend to sayand have said nothing as I wished to say it: this is one of the inseparable and insuperable difficulties of a man who speaks without a note, as I have done, aggravated by circumstances that I shall not intrude upon the Senate. Sir, I never could speak or quarrel by the book-by the card, as Touchstone tells us, was the fashion in his day. I have no gift at this special pleading-at the retort courteous and the countercheck quarrelsome, till things get to the point, where nothing is left for it but to back out or fight. We are asked, sir, by this new Executive Government of ours-not in the very words, but it is a great deal like it of the son of Climene-to give some token, some proof, that they possess legitimate claims to the confidence of the People-which they have modestly confessed they do not possess in the same degree as their predecessors. I will answer them in the words of the father of that son. Pignora certa petis-Do pignora certa timendo. But, sir, the Phaton is at the door, ambition burns to mount. Whether the Mississippi, like the Po, is to suffer a metamorphosis, not in its poplars-whether the blacks shall be turned into whites, or the whites into blacks, the slaves into masters, or the masters into slaves, or the murdered and their murderers to change their color, like the mulberry trees, belongs to men of greater sagacity than I am to foretell. I am content to act the part of Cassandra, to lift up my voice, whether it be heeded, or heard only to be disregarded, until too late-I will cry out obsta principiis Yes, sir, in this case, as in so many others c'est ne que le premier pas qui coute-the first step is all the difficulty that taken, then they may take for their motto-vestigia nulla retrorsum-there is no retreat-I tell these gentlemen there is no retreat-it is cut off-there is no On motion of Mr. SMITH, the Senate proceeded to retreat, even as tedious and painful as that conduct-consider the bill "making appropriations for the support ed by Xenophon-There is no Anabasis forus-and of Government, for the year 1826."

FRIDAY, MARCH 3, 1826.

Mr. BELL, of New Hampshire, rose, and said, there were several very important subjects of an Executive character before the Senate, and his impression was, that the public interest required that these subjects should have preference over the ordinary business of legislation. He therefore moved that the Senate proceed to the consideration of Executive business; which motion prevailed— Ayes 13, Noes 12; and the Senate remained with closed doors till past three o'clock; and then adjourned to Monday.

MONDAY, MARCH 6, 1826.

if there was, where is our Xenophon? I do not feel The following amendments, proposed by the Commit lightly on this occasion-far otherwise-but the hea-tee of Finance, were agreed to, viz: seven thousand dolviest heart often vents itself in light expressions. There lars for the contingent expenses of the Senate, in addition is a mirth of sadness, as well as tears of joy. If I could to the sum heretofore appropriated; six thousand dollars talk lightly on this sad subject, I would remind gentlemen of instead of twelve, for the discharge of miscellaneous the reply given by a wiseacre, who was sent to search claims against the United States, not otherwise provided the vaults of the Parliament House at the time of the gun- for; and for compensation to Thomas H. Gillis, Chief Clerk powder plot, and who had searched and reported that he in the Office of the Fourth Auditor, (for extra services, had found fifty barrels of powder concealed under the fag-rendered between the demise of the late Auditor, and the gots and other fuel-that he had removed twenty-five, and hoped that the other twenty-five would do no harm. The step you are about to take is the match of that powder— whether it be twenty-five or fifty barrels is quite immaterial–it is enough to blow-not the first of the Stuarts but the last of another dynasty-sky high-sky high.

appointment of his successor,) $950; and one or two slight amendments were added, on the motion of Mr. SMITH.

Mr. COBB, of Georgia, said there was an appropriation made in this bill which he should wish to strike out; it was for the salaries of the Commissioner and Arbitrators under the first article of the Treaty of Ghent. He should be very Mr. JAYNE again rose, in reply to Mr. RANDOLPH, glad if the Chairman of the Committee on Finance was and said, there certainly could be no difference of opinion able to give some information how it was that the business between that gentleman and himself, on any question of this commission was so much delayed; what is the comwhich should involve the peculiar interests of the South-mission doing, or how is it proceeding to act on the busiern States. Should any crisis unhappily arise, in which ness for which it was instituted; or is it at a stand? What the policy of that portion of the Union should be called in is the cause of this? At least, said Mr. C. let us have some

138

MARCH 6, 1826.]

Appropriations for the Support of Government.

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 was a wonderful circumstance to him, that, year after year, appropriations on the subject should still have to be made. He hoped that, if the commission first alluded to could not proceed in the business, that their salary, at least, would be suspended until they could. He understood that the commission was totally at a stand. It was, he thought, high time for the Senate to have some information on the subject, and if they could not withhold the money, let them know the reason why; and whether there was any prospect of bringing the labors of this commission to an end.

(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.

Mr. SMITH, of Maryland, said, it never had been the duty of any committee to examine further, on a subject of this kind, than to ascertain whether the law authorized the appropriation. Unless they received information from the President to the contrary, they supposed that the officers were doing their duty. It would be very injudicious to stop the appropriation bill at this time; injudicious, perWhen this subject haps, in relation to the quarter of the country from which the gentleman from Georgia came. was under discussion in Russia, Mr. S. said, the British Minister proposed the proper course, which was not acceded 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. Mr. BERRIEN, of Georgia, agreed with his colleague tion with the Executive whether they were proceeding 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 some results from this commission. But, in the considera ry from any officer for not having performed his duty.

Mr. 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 recasionally 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 appropriavidual 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 withertions. There was a good deal of business connected draw his commission; and if we withdraw from the comwith it; application had been made, he knew, to the British missioner and arbitrator authorized by the American GoGovernment, in some shape or other; this commission is vernment, their commissions, we deprive ourselves of the still needed; they are devoting their time and attention to benefits we anticipated from their appointment. At this the subject; their presence here is necessary; and beyond moment, perhaps, difficulties were interposed, but they this, Mr. H. said, he was not permitted to speak: but the were the subject of special negotiation with Great Britain; individual he alluded to never had, nor was he capable, and prudence required, that, whilst we expedited these of occasioning any delay in the transaction of public busi- 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.

ness.

Mr. COBB, of Georgia, said, from the character of the gentleman referred to, he believed there was no man who Mr. COBB then inquired of the Chairman of the Comwas more disposed to do his duty promptly. Yet, it seemed 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 What was the boundary.) He recollected that, four years ago, there was continued to make appropriations for it. 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 information 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 some information of the nature he had intimated. He believed 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 progress the business was in. There was so much feeling ou 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

Appropriations for Fortifications.

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, perhaps, be acted on at all.

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

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

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

subject might be discussed to this extent-they might
speak of the relative importance of the public and confi-
Mr. BERRIEN observed, he was about to say that the
dential business, without going into any of the details of
these questions. In regard to the ordinary legislative bu-
siness 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 busi-
ness were less important in itself, it became more impor-
effective, receive the assent of the other branch of the
tant that they should act on it at once, as it must, to be
Legislature. He hoped, therefore, the gentleman would
allow them one day for the ordinary legislative business
of the session.

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

ceed.
ate, that the question presented by the pending motion
The CHAIR remarked, that the debate could not pro-
in strict justice could not be debated, particularly in pub-
It must be obvious to the gentlemen of the Sen-
lic session.

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

business, and decided in the negative-ayes, 15, noes 18.
The Senate then, on motion of Mr. SANFORD, (by a
The question was then taken on going into Executive
vote of 16 to 14) again took up the bill making appropri-
ations for Fortifications-the question being on the mo-

Mr. WOODBURY, (another member of the Committee of Finance,) opposed the motion of Mr. SMITH, and replied in detail to his arguments and statements-contending 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 Engi-tion made yesterday by Mr. SMITH, to strike out the neers, &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.

Point, and the right of way thereto, on Long Island Sound.
appropriation of 17,000 dollars for the purchase of Throg's

ued until a late hour in the afternoon-embracing not
On this question the debate was resumed, and contin-
only the value of the particular site in question, as a

This motion was decided in the affirmative, by the cast-position for the purposes of protection and defence, but ing 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

mended and prosecuted for several years past. The ap-
propriation was advocated by Messrs. LLOYD, HARRI-
the merits of the general system of Fortifications, recom-
SON, SANFORD, EDWARDS, BRANCH, and HAYNE,
and the motion to strike it out was supported by Messrs.
CHANDLER, DICKERSON, HOLMES, and SMITH.

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

MARCH 9-13, 1826.]

Suspension of the Habeas Corpus.

The question was taken on the motion of Mr. SMITH, and decided in the negative, as follows: YEAS.-Messrs. Chandler, Clayton, Cobb, Dickerson, Findlay, Hendricks, Holmes, King, Macon, Marks, Rowan, Smith-12.

[SENATE.

"Md. be a Committee to inquire whether it is expedient,
"in the present state of public affairs, to suspend the
"privilege of the writ of Habeas Corpus, and that they
"have leave to report by bill or otherwise.
"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, Thomas, 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 to the consideration of Executive business.

"committee.

"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 proceed"unanimous consent, dispensed with, and the bill had "three readings, and was amended.

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

Mr. KING hoped the gentleman would first permit reports 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 Executive business, and remained with closed doors for some time; and then adjourned.

SATURDAY, MARCH 11, 1826.

"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 suspended-I said 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"cate to you in confidence, and to request your concur"rence therein as speedily as the emergency of the case "shall, in your judgment, require.

"On motion,

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

Monday, January 26, 1807.

"Mr. ADAMS, from the committee, reported that the bill, entitled 'An act to suspend the privilege of the The Senate proceeded to the consideration of Execu-writ of Habeas Corpus, for a limited time, in certain tive business, and remained with closed doors till six "cases,' was correctly engrossed. o'clock.

MONDAY, MARCH 13, 1826.

"Mr. SMITH, of Maryland, reported, that he had car"ried the bill last mentioned, to the House of Represen"tives for concurrence."

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,

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 bunted 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 Balderstone, 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 25, 1807.

"On motion, by Mr. GILES,

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

"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, ADAMS, and SMITH, of "pending, for three months, the privilege of the writ of