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SENATE.)

Suspension of the Habeas Corpus.

[MARCH 13, 1826.

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“ Habeas Corpus, in certain cases,' was read the first is an adult, 16 years having passed since his baptism at the “time.

new political font-and receive confirmation, and exone“A motion was made by Mr. PAILIP R. Trompsox (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 political sins. He calls on him to come forward, to get “House do come to the following resolution: . another endorser, for that he must take his name off his

Resolved, That the message and bill communicated paper that is a pbrase which now a days is much better “to this House, from the Senate of the United States, understood! "and the proceedings of the House thereon, ought not to Under these circumstances, said Mr. R. it has been to “ be kept secret, and that the doors of the House be now me a matter of wonder, that, during the late electioneering s opened.

campaign I have expressed myself to that effect to my . And on the question thereupon,

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 inyself 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 “ The doors of the House were accordingly opened, used, as please God I would have used it, if I had had any “and the Speaker stated to the House, that the bill sent interest in doifig so; and I now discover the cause; it was * from the Senate having been read the first time, the not known and permit me to say, it would never have “ question would be, shall the bill be read the second been known to me by any industry of research or labor, if "time? Whereupon,

I had not been—whether fortunately or unfortunately "Opposition being made by a gentleman from Virginia contemporary with this Government, first as a spectator in "to the said bill, and debate arising thereon, the question, the lobby, from its origin–from the dissolution of the old “(in conformity to the rules of the House,) was stated by Congress, which I saw expire, and a new butterfly come “Mr. Speaker, to wit:

out of the chrysalis state--up to 1799, when I first took “Shall this bill be rejected?

my seat in the Congress of the United States, with the “And, on the question to reject,

gentleman who presides in the court below-(I do not “ It was resolved in the affirmative-yeas 113, nays speak as to jurisdiction (the term is technical)-but in

reference to the place where it holds its sittings,) with so What is the most remarkable thing, said Mr. R. is, that much honor to himself and benefit to this country; from of these nineteen nays, there is not one man from the Old whom, though I may have differed in the course of a long Dominion—not one man. There were but four South of political life, I have never withheld that respect, not even the River Ohio and South of the River Potomac-let me in conflict on the floor of the other branch of the Legislacount them—Evan Alexander, of North Carolina, Elias ture, where he sat, during one session, in times when party Earle, of South Carolina, Thomas Sandford, of Kentucky, spirit was at its height I never, for a moment, lost sight and Matthew Walton, of Georgia—I beg pardon, of Ken- of the immeasurable distance that separated me from that tucky--the Yazoo led me into the error; I find, also, man, in every respect that could he mentioned, except amongst the nays, on this occasion, the name of a certain age and he was nearly old enough to be my father-for, Mr. Barnabas Bidwell, who commenced the lead in that where I meet with real worth-where I meet with a man House in that very session! I find, too, the names of of real talent-whether associated with him or not-wheJosiah Masters, Gurdon S. Mumford, Henry Southard.ther placed in a situation where I was to appear only as a And then, sir, in turning back to the Senate Journal, there foil to his superior merits and ability, (pointing to the seat is not one trace, neither yea nor nay. The only entry to of Mr. Tazewell,] I can yield him that precedence which be found on the Senate Journal afterwards was the fol. I shall never give to the assumption of superior ment, lowing:

| where I know and feel that it does not exist. “The following message was received from the House Sir, I consider that of all the stretches of power-talk of Representatives by Mr. BECKLEY, their Clerk: Mr. about Internal Improvements!of the expediency of sus“President-the House of Representatives do not concur pending the privilege of the Habeas Corpus, in certain

in the bill, entitled 'An act to suspend, for three months, cases, in the teeth of the Constitution! "What says the “ the privilege of the writ of Habeas Corpus, in certain Constitution? That the privilege of the writ of Habeas “cases;' and he withdrew.”

Corpus shall not be suspended, except in two cases. What But as the rule was unanimously dispensed with, and are they, sir, what are they? You would not have had that the bill had three readings in one day, unanimously, it is privilege, even if there had been no restriction, in your to be inferred from that fact-for reasons which I gave to power; because you have no where had the grant of pow. the Senate when the doors were shut, and which I don't er to suspend the grant of power-the restriction is ex choose to give now that they are open-there was no abundanti cautela-out of abundant caution, overweening opposition here. Now, sir, not being alle to find any care-like the restriction on the liberty of the press, in trace of this bill here, it never having been printed-it the teeth of which the sedition law was passed-like the never having been on file-the question is, where is it to restriction on an established church, in the teeth of which, be found in the other House, if any where-if any where, for aught I know, an established church for the Catholics I say again-if any where!

may be passed by this Congress, or by that of Panama. That suspension of the writ of habeas corpus was the These are in the amendments-take notice, there is no first oblation which the present Executive Magistrate made grant in the body of the Constitution. Article 1,section 9. at the shrine of power, when he gave in his adhesion on the * The privilege of the writ of habeas corpus shall not be desertion of his federal friends! Up to that session, he had suspended, unless when in cases of rebellion or invasion, been as staunch an adherent of the federal opposition to the public safety may require it.” Jefferson's administration as any man in this country! We Well, sir, here was a bill to suspend it--not in a case of know by a voice-not from St. Helena, but from the South rebellion or invasion; because all that was necessary would side of James' river who was the sponsor who introduced have been for the President to have sent a message, that him into the political church, who promised and vowed there was rebellion or invasion, and to call for the suspencertain things in his name, which he has not yet disclosed; sion. There was no message from the President to that we hear that voice proclaiming from the Wigwam, and effect. I have no hesitation in saying that it was well unloudly calling upon him to come forward-now that helderstood that the channel through which the communication MARCH 14, 1826.)

Executive Proceedings on the Panama Mission.

(SENATE.

was made-not at all I make no such allegation against Mr. He did not see the motive which had induced the gentle. Jefferson-but alleged to have been made by him was the man to make the motion, and at present he must acknow. channel of that gentleman who reported the bill to have ledge he should be very unwilling to send a proposition of been duly engrossed-the middle member of this commit- this sort to the House of Representatives. tee-(I speak without irreverence-I have my principles on Mr. SMITH, of Maryland, asked whether it was not rethat point)—the second person of this trinity in unity. It quired by the Rules of the Senate, for a resolution of this was well understood at that time I never doubtedit-I had kind to lie one day. my information from a member of this body, at that time, who The CHAIR declared such was the rule, unless its imwas as honest a man as ever breathed-there is no message mediate consideration was asked for by the mover; and on the Journal recommending it-there is no official docu- Mr. RANDOLPH not pressing its immediate consideration, it ment-the bill is not now to be found-but it did pass this was laid on the table until to-morrow. House-to suspend the habeas corpus, in certain cases. The Senate then again proceeded to the consideration

Will the Senate pardon me for saying, that, to that sus- of Executive business, and remained with closed doors unpension, was I indebted for my seat in the other House. til six o'clock. At the preceding session of Congress, it was my misfortune not to see exactly with the eyes of people in power.

TUESDAY, MARCH 14, 1826. I wanted some of that very laudable modesty which Chat The Journal of yesterday having been readham said that he admired whilst he despaired of imitating Mr. RANDOLPH rose, and addressed the Senate nearly it-the modesty of the retainers of the Treasury bench- four hours, on the subject of the resolution which he sub. whose humility never allowed them to put their opinions mitted yesterday, and on various topics connected with in opposition to that of the minister for the time being that and other political incidents in the history of the counThe next election came on in the April following this Ja-try, particularly on the report made (by Mr. Joux Quinc nuary, 1807. That bill-it was the panoply under which Avans) from the Select Committee of the Senate, in 1807, I sheltered myself the text from which I preached; and, in the case of John Smith, a Senator from Ohio, charged as on the issue of the first battle greatly depends the fate with being an associate in Burr's conspiracy--which reof the succeeding campaigns-no opposition dared to l port Mr. R. concluded by moving to have printed for the show itself; from that day, Sertorius like, or like Eumenes, use of the Senate, (and withdrawing the motion that he I carried on the war upon my own resources, or as the made yesterday, in regard to the bill suspending the priKing of Prussia carried on the war against the combined vilege of the writ of habeas corpus, that bill having been continent of Europe--for seven long years.relying on since found.) my own resources, and on them alone, against the Gene- The motion to print the report was negatived, without mi Government, the State Governments, and, I believe, a count, and then, about 4 o'clock, every press in the United States, and maintained myself The Senate, on motion of Mr. SEYMOUR, went into not in the Peninsula, but in that district, where, in case of the consideration of Executive business. the worst that can happen, I look for refuge under any (This day the final question on the celebrated Panama change of fortune, political or otherwise. My enemies Mission was decided: and here is the place to insert the never dared to face me and uphold this outrage upon the record of Confidential Proceedings thereon, ordered by Constitution; and do you think if I had been engaged the Senate, by a vote on this day, to be made public, heart and hand in this late election, I would have let this Those Proceedings are as follows, viz:] thing sleep? No, it should have rung like a funeral knell in the ears of the incumbent and the expectant.

EXECUTIVE PROCEEDINGS. Let that pass I did not disturb its sleep--I did not med.

WEDNESDAY, FEB. 15, 1826. dle with it; it was not for me to wake the adder—the rat- Mr. VAN BUREN, of New York, submitted the faltlesnake--the good old rattlesnake-the emblem of liber- I lowing resolutions: ty. “Don't tread on me!" I did not care one button Resolved, That, upon the question whether the United which of the contending parties he bit-not one farthing. States shall be represented in the Congress of Panama,

Sir, I must take leave to express myself here, as every the Senate ought to act with open doors; unless it shall where else, in my plain fire side, plantation way. The appear that the publication of documents, necessary to be Little advancement--and I cannot say that I feel it very referred to in debate, will be prejudicial to existing nego highly, sir from a majority to a colonelcy, has never al- tiations. tered my manners, and never shall, either in this Legisla

Resolved, That the President be respectfully requested ture or out of it; and I shall continue to be the same inan, l to inform the Senate whether such objection exists to the I trust, both at home and abroad, that I was before. I

publication of the documents communicated by the Exewould, therefore, respectfully move, that a message be

cutive, or any portion of them; and, if so, to specify the sent to the House of Representatives, requesting of that

parts, the publication of which would, for that reason, be House an office copy of the bill sent to them by this House

objectionable. on Monday the 26th day of January, 1807, suspending for On the question to agree thereto three months the privilege of the writ of habeas corpus in

It was determined in the affirmative-yeas 23, nays 20. certain cases. If it does not come from that House and

The yeas and nays being desired by one-fifth of the Se I am rather afraid it will not-I do not believe it has been nators present, those who voted in the affirmative, are, burnt either-for I have some very obscure recollection

Messrs. Benton, Berrien, Branch, Chandler, Cobb, 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: burv.-23. he tried to break his enemy the Banker by burning all his

Those who voted in the negative, are, á notes that he could lay his hands on. Í make you that

Messrs. Barton, Bell, Bouligny, Chase, Clayton, Ed. potion, sir.

wards, Findlay, Johnston, of Lou. Knight, Lloyd, McllThe PRESIDENT being about to put the question on vaine, Marks, Mills, Noble, Robbins, Sanford, Seymour, agreeing to the motion

Thomas, Van Dyke, Willey.-20. Mr. BELL, of New Hampshire, rose, merely to suggest

WEDNESDAY, FEBRUARY 22, 1826. that this quotion was somewhat of an extraordinary nature, The Senate resumed the consideration of the motion and he should be glad to take a little time to consider it. submitted by Mr. ROWAN on the 20th instant: and SENATE.]

Executive Proceedings on the Panama Mission.

[MARCH 14, 1826.

the same having been modified at the instance of Mr. On the question to postpone indefinitely the first resoWOODBURY, as follows:

lutionResolved, That it is the unquestionable right of the Se. It was decided in the affirmative-yeas 24, nays 20. nate to call, in respectful terms, upon the President of the On motion by Mr. COBB, of Geo. United States, for such information as may be in his pos- The yeas and nays being desired by one-fifth of the session, and which the Senate deem necessary to the faith. Senators present, ful discharge of the duties imposed upon it by the Con- Those who voted in the affirmative, are, ' stitution: and, more especially, the duties resulting from Messrs. Barton, Bell, Bouligny, Chambers, Chase, Clay. matters which the Constitution makes it the duty of the ton, Edwards, Harrison, Hendricks, Holmes, Johnston, President to submit to the Senate, for its advice and of Lou. Knight, Lloyd, Marks, Mils, Noble, Robbins, consent.

Ruggles, Sanford, Seymour, Smith, Thomas, Van Dyke, Resolved, That the two following resolutions, of the 15th Willey.-24.' instant, viz: Resolved, That, upon the question whe Those who voted in the negative, are, “ther the United States shall be represented in the Messrs. Benton, Berrien, Branch, Chandler, Cobb, “ Congress of Panama, the Senate ought to act with open Dickerson, Eaton, Ellis, Findlay, Hayne, Johnson, of Ky. “ doors; unless it shall appear that the publication of do- Kane, King, Macon, Randolph, Rowan, Van Buren, White, "cuments, necessary to be referred to in debate, will be Williams, Woodbury.-20. “ prejudicial to existing negotiations. Resolved, That the On the question to postpone indefinitely the second re“ President be respectfully requested to inform the Se solution, it was determined in the affirmative-yeas 24, “nate, whether such objection exists to the publication nays 20. “ of the documents communicated by the Executive, or The yeas and nays having been desired by one-fifth of s'any portion of them; and, if so, to specify the parts, the the Senators present, “ publication of which would, for that reason, be objec- Those who voted in the affirmative, are, tionable:"-requested information in the possession of the Messrs. Barton, Bell, Bouligny, Chambers, Chase, ClayExecutive, and in his possession only, which the Senate ton, Edwards, Harrison, Hendricks, Holmes, Johnston, of deemed important to guide its decision on a subject within Lou. Knight, Lloyd, Marks, Mills, Noble, Robbins, Rugthe scope of its advising powers, and deeply interesting to gles, Sanford, Seymour, Smith, Thomas, Van Dyke, Wilthe States and to the People of this Union.

ley-24. Resolved, That the message of the President, in the fol. Those who voted in the negative, are, lowing words, viz: “ In answer to the two resolutions of Messrs. Benton, Berrien, Branch, Chandler, Cobb,

the Senate of the 15th instant, marked (Executive,) Dickerson, Eaton, Ellis, Findlay, Hayne, Johnson of Ky. “ and which I have received, I state, respectfully, that all Kane, King, Macon, Randolph, Rowan, Van Buren, White, "the communications from me to the Senate, relating to Williams, Woodbury.-20. “the Congress at Panama, have been made, like all other On the question to postpone, indefinitely, the third re.

communications upon Executive business, in confidence, | solution, "and most of them in compliance with a resolution of the It was determined in the affirmative, yeas 24, nays 20. “Senate requesting them confidentially. Believing that The yeas and nays being desired by one-fifth of the

the established usage of free confidentialcommunications, Senators present, **between the Executive and the Senate, ought, for the Those who voted in the affirmative, are, “ public interest, to be preserved unimpaired, I deem it Messrs. Barton, Bell, Bouligny, Chambers, Chase, Clay“my indispensable duty to leave to the Senate itself the ton, Edwards, Harrison, Hendricks, Holmes, Johnston, of “ decision of a question, involving a departure, hitherto, Lou. Knight, Lloyd, Marks, Mills, Noble, Robbins, Rug“ so far as I am informed, without example, from that gles, Sanford, Seymour, Smith, Thomas, Van Dyke, “usage, and upon the motives for which, not being inform- | Willey.-24. “ed of them, I do not feel myself competent to decide". Those who voted in the negative, are, does not give to the Senate the information requested, Messrs. Benton, Berrien, Branch, Chandler, Cobb, “ whether the publication of the documents,” or “any Dickerson, Eaton, Ellis, Findlay, Hayne, Johnson, of Ky. portion of them,” communicated by the Executive, as to Kane, King, Macon, Randolph, Rowan, Van Buren, White, the mission to Panama, “would be prejudicial to exist. Williams, Woodbury.--20. ing negotiations."

On the question to postpone, indefinitely, the fourth Resolved, That the Senate has the sole right in all cases resolution, to determine what shall be the “ rules of its proceed. It was determined in the affirmative-yeas 24, nays 20. ings ;” and that the President cannot interfere with the The yeas and nays being desired by one-fifth of the same, without violating the Constitutional privileges of the Senators present, Senate.

Those who voted in the affirmative, are, Resolved, That the Senate has the sole right to del Messrs. Barton, Bell, Bouligny, Chambers, Chase, Claytermine, what are its existing “rules of proceedings,” ton, Edwards, Harrison, Hendricks, Holmes, Johnston, of whether founded on "usage" or positive written re. Lou. Knight, Lloyd, Marks, Mills, Noble, Robbins, Ruggulations and that the President cannot officially de- gles, Sanford, Seymour, Smith, Thomas, Van Dyke, cide what those rules are, or whether any proposed Willey-24. mode of acting, is a “departure" from them “ without | Those who voted in the negative, are, example," or whether it be essential to the “public in- Messis. Benton, Berrien, Branch, Chandler, Cobbe terest,” that some supposed "usage" of the Senate should Dickerson, Eaton, Ellis, Findlay, Hayne, Johnson, of Ky. “be preserved unimpaired."

Kanc, King, Macon, Randolph, Rowan, Van Buren, White, Resolved, That it is not competent for the President, on Williams, Woodbury.-20. a call from the Senate, to decline giving information, whe- On the question to postpone, indefinitely, the fifth rether " the publication of documents necessary to be refer solution, red to in debate, will be prejudicial to existing negotia- It was determined in the affirmative-yeas 24, nays 20. tions,” on the ground that he disapproves of the mode of 'The yeas and nays being desired by one-fifth of the Seproceeding, which the Senate proposes to follow on the nators present, subject to which those documents relate.

Those who voted in the affirmative, are, On motion of Mr. BARTON, of Mo. to postpone the Messrs. Barton, Bell, Bouligny, Chambers, Chase, Claysame indefinitely, a division of the question was called for. ton, Edwards, Harrison, Hendricks, Holmes, Johnston, of

March 14, 1826.

Executive Proceedings on the Panama Mission.

(SENATE.

Lou. Knight, Lloyd, Marks, Mills, Noble, Robbins, Rug-1 On motion, by Mr. DICKERSON, of N. J. to amend the gles, Sanford, Seymour, Smith, Thomas, Van Dyke, same, by striking out all after the word “Resolved,” where Willer-24.

it first occurs, and inserting in lieu thereof the following: Those who voted in the negative, are,

Resolved, That, although the Senate cannot find, in the Messrs. Benton, Berrien, Branch, Chandler, Cobb, answer of the President of the United States to their reDickerson, Faton, Ellis, Findlay, Hayne, Johnson, of Ky. solutions of the 15th instant, relative to the proposed Kane, King, Macon, Randolph, Rowan, Van Buren, White, mission to Panama, any distinct information that the pub. Williams, Woodbury.-20.

lication of the communications, alluded to in said resolu. On the question to postpone, indefinitely, the sixth tions, would or would not be prejudicial to existing neresolution,

gotiations, they find a strong objection on the part of the It was determined in the affirmative-yeas 24, nays 20. President, to the publication of those communications,

The yeas and nays being desired by one-fifth of the Se- inasmuch as they were made “in confidence, and most of nators present,

them in compliance with a resolution of the Senate, reThose who voted in the affirmative, are,

questing them confidentially.” And although the Senate Messrs. Barton, Bell, Bouligny, Chambers, Chase, Clay- have the right to publish communications so made, and to ton, Edwards, Harrison, Hendricks, Holmes, Johnston, of discuss the same, with open doors, without the assent of Lou. Knight, Lloyd, Marks, Mills, Noble, Robbins, Rug- the President, when, in their opinion, the public interest gles, Sanford, Seymour, Smith, Thomas, Van Dyke, may require such publication and such discussion, they Willey.-24.

do not think that present circumstances require the exer. Those who voted in the negative, are,

cise of this right, so far as respects a discusion of those Messrs. Benton, Berrien, Branch, Chandler, Cobb, Dick confidential communications with open doors. Therefore, erson, Eaton, Ellis, Findlay, Hayne, Johnson, of Ky. Kane, Resolved, That the discussion upon the proposed misKing, Macon, Randolph, Rowan, Van Buren, White, Wil- sion to Panama, and the confidential communications upliams, Woodbury.-20.

on the same, be held with closed doors. Mr. HOLMES, of Maine, submitted the following A motion was made by Mr. LLOYD, of Mass. to postmotion:

pone indefinitely the original motion; and Resolved, that the Senate having, on the 15th day of It was determined in the negative, yeas 15, nays 29. February, passed the following resolutions:

The yeas and nays being desired by one-fifth of the "Resolved, That, upon the question whether the United Senators present, States shall be represented in the Congress of Panama, Those who voted in the affirmative, are, the Senate ought to act with open doors, unless it shall | Messrs. Bouligny, Branch, Chambers, Chase, Edwards, appear that the publication of documents, necessary to be Johnston of Lou, King, Knight,' Lloyd, Mills, Sanforu, referred to in debate, will be prejudicial to existing nego-Smith, Van Dyke, White, Willey-15. tiations.

Those who voted in the negative, are, "Resolved, That the President be respectfully request Messrs. Barton, Bell, Benton, Berrien, Chandler, Clayed to inform the Senate whether such objection exists to ton, Cobb, Dickerson, Eaton, Ellis, Findlay, Harrison, the publication of the documents communicated by the Hayne, Hendricks, Holmes, Johnson, of Ken. Kane, Executive or any portion of them; and, if so, to specify the Macon, Marks, Noble, Randolph, Robbins, Rowan, Rugs parts, the publication of which would, for that reason, be gles, Seymour, Thomas, Van Buren, Williams, Wood. objectionable.”

bury-29. To which the President returned the following message On motion, by Mr. WHITE, of Tenn. in answer, viz:

To amend the proposed amendment, by striking out “ Washington, 16th FEBRUARY, 1826. the following words: “Resolved, That the discussion upon ** Po the Senate of the United States:

the proposed mission to Panama, and the confidential "In answer to the two resolutions of the Senate, of the communications upon the same, be held with closed 15th instant, marked (Executive,) and which I have re- doors," and inserting “Resolved, That the Senate, canceived, I state, respectfully, that all the communications not, consistently with the duty which it owes to the Unitfrom me to the Senate, relating to the Congress at Pana-ed States and to itself, proceed to consider the expems, have been made, like all other communications upon diency of appointing Ministers to attend the Congress Executive business, in confidence, and most of them in at Panama, until it can receive the information necessary compliance with a resolution of the Senate requesting them to enable it to determine whether the consideration of confidentially. Believing that the established usage of that question ought to be with open or with closed doors:” free confidential communications, between the Executive On the question, “Will the Senate agree to this amend. and the Senate, ought, for the public interest, to be pre- ment to the proposed amendment,” a division of the ques. served unimpaired, I deem it my indispensable duty to tion was called for; and it was taken on striking out, and leave to the Senate itself the decision of a question, in- determined in the affirmative-yeas 27, nays 17. volving a departure, hitherto, so far as I am informed, On motion by Mr. COBB, of Geo. the yeas and nays without example, from that usage, and upon the motives being desired by one-fifth of the Senators present, for which, not being informed of them, I do not feel my- Those who voted in the affirmative, are, self competent to decide.

Messrs. Bell, Benton, Berrien, Branch, Chase, Cobb, JOHN QUINCY ADA VS.” Eaton, Edwards, Ellis, Findlay, Harrison, Hayne, Holmes, Resolved, That, as the Senate have not been informed Johnson, of Ken. King, Macon, Mills, Randolph, Rowan, by the President, whether the publication of the docu- Ruggles, Sanford, Seymour, Thomas, Van Buren, White, ments, in relation to the proposed mission to the Con-Williams, Woodbury—27. gress of Panama, would affect any pending negotiations, Those who voted in the negative, are, it is expedient to proceed to the discussion of the sub- Messrs. Barton, Bouligny, Chambers, Chandler, Clay. ject of that mission with closed doors.

ton, Dickerson, Hendricks, Johnston, of Lou. Kane, On motion, by Mr. KING, the Senate adjourned. Knight, Lloyd, Marks, Noble, Robbins, Smith, Van Dyke, THURSDAY, FEBRUARY, 23, 1826.

Willey-17.

On the question to insert the amendment last proposed, The Senate resurned the consideration of the motion it was determined in the negative-yeas 13, nays 31. submitted yesterday, by Mr. HOLMES, of Maine, in rela- The yeas and nays being desired by one-fifth of the tion to the proposed mission to the Congress at Panama. Senators present,

Vol. 11-11

SENATE.)

Executive Proceedings on the Panama Mission.

(FEB. 24, 1826.

Those who voted in the affirmative, are,

The yeas and nays being desired by one-fifth of the Messrs. Berrien, Cobb, Eaton, Ellis, Hayne, King, Ma- Senators present, con, Randolph, Rowan, Van Buren, White, Williams, Those who voted in the affirmative, are, Woodbury-13.

Messrs. Barton, Bell, Benton, Bouligny, Branch, ChamThose who voted in the negative, are,

bers, Chandler, Chase, Clayton, Dickerson, Edwards, Messrs. Barton, Bell, Benton, Bouligny, Branch, Cham- Findlay, Harrison, Hendricks, Holmes, Johnson, of Ken. bers, Chandler, Chase, Clayton, Dickerson, Edwards, Johnston, of Lou. Kane, King, Knight, Lloyd, Marks, Findlay, Harrison, Hendricks, Holmes, Johnson, of Ken. Mills, Noble, Robbins, Ruggles, Sanford,' Seymour, Johnston, Lou. Kane, Knight, Lloyd, Marks, Mills, No-Smith, Thomas, Van Dyke, Willey--32. ble, Robbins, Ruggles, Sanford, Seymour, Smith, Tho- Thomas who voted in the negative, are, mas, Van Dyke, Willey-31.

Messrs. Berrien, Cobb, Eaton, Ellis, Hayne, Macon, · The question recurring on the adoption of the amend- Randolph, Rowan, Van Buren, White, Williams, Wood. ment firstproposed to the original motion, amended by bury-12. striking out the last clause:

On motion, by Mr. HAYNE, of S. C. it was ordered that On the question, “ Will the Senate agree to this the further consideration of the resolution be postponed to, amendment?” a division of the question was called for; and made the order of the day for, Monday next. and,

Monday, March 13, 1826. - On the question to strike out all the original motion, af

The Senate resumed the consideration of the resolution ter the word “Resolved," where it first occurs, it was de

reported by the Committee on Foreign Relations, relatermined in the affirmative-yeas 31, nays 13.

tive to the expediency of sending Ministers to the ConThe yeas and nays being desired by one-fifth of the

gress at Panama. Senators present,

A motion was made by Mr. BENTON, of Mo. to amend Those who voted in the affirmative, are,

the said resolution, by striking out all after “Resolved,and Messrs. Barton, Benton, Berrien, Branch, Chambers,

inserting “ That the Senate cannot advise that it is exChandler, Cobb, Dickerson, Eaton, Edwards, Ellis, Find

IT pedient for the Government of the United States to send lay, Hayne, Hendricks, Johnson, of Ken. Kane, King,

Ministers to the Congress of American nations at Panama, Macon, Marks, Mills, Randolph, Robbins, Rowan, Rug

| before it shall have received satisfactory information upon gles, Sanford, Van Buren, Van Dyke, White, Willey, Williams, Woodbury-31.

the following points: First, the subjects to which the atThose who voted in the negative, are,

tention of that Congress will be directed; secondly, the Messrs. Bell, Bouligny, Chase, Clayton, Harrison,

substance and form of the powers to be given to the re

spective Representatives ; thirdly, the mode of organizHolmes, Johnston, of Lou. Knight, Lloyd, Noble, Sey

eying the Congress ; fourthly, the mode of action in decidmour, Smith, Thomas-13.

Jing the questions which may be submitted to it.” On the question to insert the proposed amendment, it

The Senate then adjourned. was determined in the affirmative-yeas 27, nays 16. The yeas and nays being desired by one-fifth of the

TUESDAY, MARCH 14, 1826. Senators present, i

The Senate resumed the consideration of the resolution Those who yoted in the affirmative, are,

reported by the Committee of Foreign Relations, relative Messrs. Barton, Benton, Berrien, Bouligny, Chandler, to the expediency of sending Ministers to the Congress of Clayton, Cobb, Dickerson, Findlay, Harrison, Hayne, Panama, together with the amendment proposed thereto Hendricks, Holmes, Johnson, of Ken. Kane, King, Marks, by Mr. BENTON. Randolph, Robbins, Rowan, Ruggles, Seymour, Smith, On motion, by Mr. BENTON, of Missouri, the said Van Buren, Willey, Williams, Woodbury-27.

| amendment was modified as follows: Strike out all after Those who voted in the negative, are,

Resolved,and insert, “That it is not expedient for the Messrs. Branch, Chambers, Chase, Eaton, Edwards, United States to send any Ministers to the Congress of Ellis, Johnston, of Lou. Knight, Lloyd, Macon, Mills, American nations assembled at Panama, before it shall Noble, Sanford, Thomas, Van Dyke, White-16. have received satisfactory information upon the following 'So it was

points: First, The subjects to which the attention of the Resolved, That, although the Senate cannot find, in the Congress will be directed: 2ndly, The substance and answer of the President of the United States to their re- form of the powers to be given to the respective Represolutions of the 15th instant, relative to the proposed sentatives: 3dly, The mode of organizing the Congress: mission to Panama, any distinct information that the pub-4thly, The mode of action in deciding the questions which lication of the communications, alluded to in said resolu- may be submitted to it.” tions, would or would not be prejudicial to existing nego- On motion, by Mr. HAYNE, of South Carolina, that the tiations, they find a strong objection, on the part of the further consideration of the resolution, with the proposed President, to the publication of those communications, amendment, be postponed to Friday next; it was deterinasmuch as they were made “in confidence, and most mined in the negative-yeas 20, nays 25. of them in compliance with a resolution of the Senate The yeas and nays being desired by one-fifth of the requesting them confidentially.” And, although the Senate Senators present, have the right to publish communications so made, and to ] Those who voted in the affirmative, are, discuss the same with open doors, without the assent of Messrs. Benton, Berrien, Branch, Chandler, Cobb, the President, when, in their opinion, the public interest Dickerson, Eaton, Findlay, Hayne, Johnson, of Ken., may require such publication and such discusion, they do Kane, King, Macon, Randolph, Reed, Rowan, Van Buren, not think that present circumstances require the exercise | White, Williams, Woodbury.-20. of this right, so far as respects a discussion of those con Those who voted in the negative, are, fidential communications with open doors.

Messrs. Barton, Bell, Bouligny, Chambers, Chase, ClayFriday, FEBRUARY 24, 1826.

ton, Edwards, Harrison, Hendricks, Holmes, Johnston, of

Louisiana, Knight, Lloyd, McIlvaine, Marks, Mills, Noble, On motion, by Mr. LLOYD, of Mass. that the Senate pro- Robbins, Ruggles, Sanford, Seymour, Smith, Thomas, ceed to consider the resolution reported by the Committee Van Dyke, Willey.-25. on Foreign Relations, in relation to the expediency of send. On motion by Mr. REED, of Mississippi, that he be exing Ministers to the Congress of Panama; it was deter-cused from voting on the proposed amendment, it was mined in the affirmative-yeas 32, nays 12.

determined in the affirmative-yeas 32, nays 12.

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