amending the judiciary laws in relation to writs of error in criminal cases; and agreed thereto. The bill from the House of Representatives, entitled "An act for the relief of Nicholas Jarrott," was read the second time, and referred to the Committee on Public Lands. The bill from the House of Representatives, entitled "An act to alter the time of holding the district court in the district of Mississippi," was read the second time, and referred to the Committee on the Judiciary. The bill from the House of Representatives, entitled "An act to amend the act, entitled 'An act to alter the times of the session of the circuit and district courts of the District of Columbia," was read the second time, and referred to the Committee on the District of Columbia. The Senate resumed, as in Committee of the Whole, the consideration of the bill for the relief of the officers and volunteers engaged in the late campaign against the Seminole Indians, and no further amendment having been proposed thereto, the President reported it to the House amended; and the bill was ordered to be engrossed and read a third time. The Senate resumed, as in Committee of the Whole, the consideration of the bill, entitled "An act to incorporate the managers of the National Vaccine Institution in the District of Columbia ;" and the consideration thereof was further postponed until to-morrow. The Senate resumed, as in Committee of the Whole, the consideration of the bill to incorporate the Columbian Society for literary purposes; and, on motion by Mr. JOHNSON of Kentucky, it was laid on the table. The resolution authorizing Mountjoy Bayly to employ a person to attend the furnace, was read the third time, and passed. The bill for the relief of John Holmes, was read the third time, and passed. The bill for the relief of Morgan Brown, was read the third time, and passed. ELECTORAL VOTES. Mr. WILSON, of New Jersey, submitted the following resolution: Resolved, That the Committee on the Judiciary be instructed to inquire whether any, and, if any, what provisions are necessary or proper to be made by law to meet contingencies which may arise from unlawful, disputed, or doubtful votes under that part of the 12th article of amendments to the Constitution of the United States, which relates to counting the votes of the Electors for the President and Vice President of the United States. Mr. WILSON said, it would be found, on referring to the article in the Constitution alluded to in this resolution, that the provision in relation to counting the votes for President and Vice President is very general. The words are, "the Presi'dent of the Senate shall, in presence of the Sen'ate and House of Representatives, open all the 'certificates, and the votes shall then be counted." It is not said who shall count the votes, nor who shall decide what votes shall be counted. In con SENATE. sequence of this defect, as the Senate would well remember, some difficulty occurred four years ago, in relation to the votes from Indiana. Óbjections were made to receiving these votes; the counting was interrupted; the two Houses separated; and although on that occasion they again came together, and proceeded on, and completed the business before them, so happy a result might not always be produced. Cases might occur where stronger doubts might exist, or more excitement prevail; debates be protracted, and decisions deferred, and serious inconveniences or evils follow. Was it not probable such a case would occur during the present session? Would it not at least be prudent to guard against danger from such a contingency? Congress has unquestionably the power, under the last clause of the 8th section of the first article of the Constitution, and he thought they ought to exercise it, by vesting the authority to decide upon doubtful, disputed, or unlawful votes, either in the President of the Senate, the Senate itself, the House of Representatives, or in the two Houses, conjointly or separately. At least, Mr. W. deemed the subject of sufficient importance to justify the inquiry proposed in the resolution which he had submitted. Mr. WILSON Submitted also the following resolution : Resolved, That the Committee on the Judiciary be instructed to inquire whether any, and, if any, what amendments are necessary and proper to be made to the act, entitled "An act relative to the election of a President and Vice President of the United States, and declaring the officer who shall act as President, in case of vacancies in the offices both of the President and Vice President," passed March 1, 1792. Both resolutions lie on the table one day of course. ADMISSION OF MISSOURI. The resolution declaring the consent of Congresss to the admission of the State of Missouri into the Union was read a third time, and the question stated "Shall the resolution pass ?" Mr. TRIMBLE observed, in reference to some remarks between himself and Mr. SMITH yesterday, that he had not voted for the admission of Alabama, because he could not reconcile the provision in relation to banks, (with all the checks and guards which had been introduced into the constitution of Alabama on that subject,) with the Federal Constitution. In relation to that provision he had entertained doubts which were at the time expressed to some of his friends. Mr. T. said it was true that he had not made a formal opposition to the admission of Alabama, because he had just taken his seat in the Senate, and was unaccustomed to legislative proceedings; nor did he then suppose that it was so important that he should record his name, in opposition to the measures which he thought violated the spirit and true meaning of the Federal Constitution. But, had the gentleman, said Mr. T., no other defence to set up for that article of the constitution of Missouri? If, said he, the Federal Constitution has been violated, in one instance, is that any rea son that it should be violated in another? Can precedent sanctify a violation of the Constitution which we are sworn to support? The question being then put, the resolution was passed and sent to the House of Representatives for concurrence. WEDNESDAY, December 13. Mr. RUGGLES presented the petition of Philander Chase, President of Worthington College, in the State of Ohio, praying a donation in land for the use of said college; and the memorial was read, and referred to the Committee on Public Lands. The following Message was received from the PRESIDENT OF THE UNITED STATES: In compliance with a resolution of the Senate of the 6th of December, requesting that the agent employed under the act, entitled "An act authorizing the purchase of fire engines and building houses for the safe keeping of the same," should report in the manner stated in the said resolution his conduct in execution of the said act, I now transmit to the Senate a report from the agent, which communicates all the information which has been desired. DECEMBER 12, 1820. JAMES MONROE. The Message and report were read, and referred to a select committee, to consider and report thereon; and Messrs. MORRIL, ROBERTS, and LANMAN, were appointed the committee. Mr. NOBLE presented the petition of George Love, only son of Thomas Love, deceased, praying compensation for certain services rendered by his father in the Revolutionary war; and the petítion was read, and referred to the Committee of Claims. Mr. ROBERTS presented the petition of Julia Plantou, of the city of Philadelphia, representing that she has designed and executed an allegorical painting of the Treaty of Ghent, which she solicits Congress to purchase; and the petition was read, and referred to the Committee on the Public Buildings. Mr. ROBERTS presented the memorial of Jane Baker, widow of Thomas Baker, late a Post Captain in the Navy, praying that the pension which was granted to her husband may be continued to her; and the memorial was read, and referred to the Committee on Naval Affairs. Mr. TRIMBLE presented the petition of George Jackson, of Ohio, praying compensation for the use of a wagon and team, and for four horses which were lost in the service of the United States during the late war; and the petition was read and referred to the Committee of Claims. DECEMBER, 1820. Mr. HOLMES, of Mississippi, communicated a letter to him from the Superintendent of Indian Trade, enclosing a copy of his report in relation to Indian trade; and the letter and report were read. Mr. JOHNSON, of Louisiana, gave notice, that to-morrow he should ask leave to bring in a bill for the relief of the legal representatives of Gabriel Berzat, deceased. The bill for the relief of the officers and volun teers engaged in the late campaign against the Seminole Indians, was read a third time, and passed. Whole, the consideration of the bill to incorporate The Senate resumed, as in Committee of the the Columbian Society for literary purposes, together with the amendment last reported thereto by the Committee on the District of Columbia; and the said amendment having been amended, the further consideration of the bill and amendment was postponed to Monday next. The Senate proceeded to consider the motion of yesterday, instructing the Committee on the Judiciary to inquire if any provisions are necessary to be made by law to meet contingencies, which may arise from unlawful, disputed, or doubtful votes, under that part of the twelfth article of amendments to the Constitution, which relates to counting the votes of the Electors for President and Vice President; and agreed thereto. The Senate proceeded to consider the motion of yesterday, instructing the Committee on the Judiciary to inquire what amendments are necessary to be made to the act "relative to the election of President and Vice President, and declaring the officer who shall act as President in case of vacancies in the offices both of President and Vice President;" and agreed thereto. The resolutions reported by Mr. BARBOUR, from the select committee to which was referred the petition of Matthew Lyon relative to the late sedition law and the fines and penalties incurred under it, were, on motion of Mr. SMITH of South Carolina, with the consent of Mr. BARBOUR, postponed to the 1st of January. THURSDAY, December 14. Mr. THOMAS presented the memorial of E. B. Clemson, praying compensation for certain services rendered in the commissary's department, and in other stations in the Army, and also remuneration for certain expenses incurred therein; and the memorial was read, and referred to the Committee of Claims. Mr. WILSON presented the petition of Thomas L. Ogden of New York, on behalf of himself and others, owners of certain real estate at Sackett's Harbor, in the State of New York, which, during the late war with Great Britain, was used for public purposes, praying compensation and indemnity therefor; and the petition was read, and re Mr. LLOYD presented a petition, signed by a number of the citizens of Georgetown, remonstrating against the passage of the bill from the House of Representatives, entitled "An act to amend the act, entitled 'An act to alter the times of the ses-ferred to the Committee of Claims. sion of the circuit and district courts in the District of Columbia ;" and the petition was read, and referred to the Committee on the District of Columbia. Mr. WILSON, from the Committee of Claims, to whom was referred the bill, entitled "An act for the relief of Elias Parks," reported it with an amendment; which was read. DECEMBER, 1820. Proceedings. Mr. WILSON, from the same committee, to whom was referred the memorial of Eliza Hill, Jane Jervis, and Louisa St. Clair Robb, daughters of the late General St. Clair, made a report, accompanied by a resolution, that the prayer of the petitioners ought not to be granted. The report and resolution were read. SENATE. Mr. SANFORD presented the petition of Jacob Barker, of New York, praying the interposition of Congress in the settlement of his accounts, under his contracts of the 2d of May, 1814, with the Secretary of the Treasury, for a portion of the ten million loan, being part of the twenty-five millions authorized by the act of the 24th of March, 1814; and the petition was read, and referred to the Com Mr. WILSON, from the same committee, to whom was referred the petition of Charles Lara-mittee of Claims. bee, made a report, accompanied by a resolution, that the petitioner have leave to withdraw his papers. The report and resolution were read. Mr. VAN DYKE presented the memorial of the President and Directors of the Chesapeake and Delaware Canal Company, praying the aid of the Government; and the memorial was read, and referred to the Committee on Roads and Canals. Mr. JOHNSON, of Louisiana, obtained leave to bring in a bill for the relief of the legal representatives of Gabriel Berzat, deceased; and the bill was twice read by unanimous consent, and referred to the Committee on Public Lands. Mr. LANMAN, from the Committee on the District of Columbia, to whom was referred the bill, entitled "An act to amend the act, entitled 'An act to alter the times of the session of the circuit and district courts in the District of Columbia;" reported the same without amendment. Mr. HOLMES, of Mississippi, presented the petition of Horatio Stark, of Mississippi, praying that, in consideration of long military services, the right of entry of one thousand acres of land in Mississippi, which may become forfeited for non-payment by those who made the original entries, may be granted to him at the present or former price; and the petition was read, and referred to the Committee on Military Affairs. Mr. ELLIOTT presented the memorial of the Savannah Poor House and Hospital Society, praying that the proper officer of the Government may be authorized to take, in behalf of the United States, an interest of one-half in the buildings erected by them for the accommodation of sick and disabled seamen; and the memorial was read, and referred to the Committee on Commerce and Manufactures. Mr. PLEASANTS presented the petition of the The Senate resumed, as in Committee of the delegates of the United Agricultural Societies of Whole, the consideration of the bill, entitled "An Prince George, Sussex, Surry, Petersburg, Brunsact to incorporate the Managers of the National wick, Dinwiddie, and Isle of Wight, in Virginia, Vaccine Institution in the District of Columbia;" protesting against any increase of the duties at and the further consideration thereof was post-present imposed on imported goods; and the petiponed to Tuesday next. tion was read, and referred to the Committee on Commerce and Manufactures. The Senate resumed, as in Committee of the Whole, the consideration of the bill to continue in force, for a further time, the act, entitled "An act for establishing trading-houses with the Indian tribes;" and the further consideration thereof was postponed to Tuesday next. Mr. TRIMBLE gave notice that, on Monday next, he should ask leave to bring in a bill to organize a Law Department. Mr. NOBLE submitted the following motion for consideration: Resolved, That the Committee on Public Lands be instructed to inquire into the expediency of authorizing the sale, and to reduce the price of certain sections of land, heretofore reserved for the future disposal of Congress, situate and being within that part of the Cincinnati district which lies in Indiana. On motion by Mr. KING, of New York, to reconsider the vote of the 12th instant, on the resolution authorizing the Sergeant-at-Arms of the Senate to employ a person to attend the furnace. The said motion was laid on the table. The Senate adjourned to Monday. MONDAY, December 18. Mr. HOLMES, of Maine, presented the petition of Samuel Tucker, praying compensation for services rendered as a captain in the Navy, prior to the adoption of the Federal Constitution; and the petition was read, and referred to the Committee on Naval Affairs. Mr. SANFORD, from the Committee on Finance, to whom was referred the bill, entitled "An act for the relief of Perley Keys and Jason Fairbanks," reported it with an amendment; which was read. Mr. WILSON, from the Committee on Claims, to whom was referred the petition of George Love, made a report, accompanied by a resolution, that the prayer of the petitioner ought not to be granted. The report and resolution were read. Mr. NOBLE, from the Committee on Pensions, to whom was referred the petition of Park Avery, made a report, accompanied by a resolution, that the prayer of the petitioner ought not to be granted. The report and resolution were read. The Senate resumed the consideration of the motion of the 16th of November, to amend the act allowing compensation to the members of Congress, so as to reduce the per diem to six dollars; and it was further postponed until tomorrow. The Senate proceeded to consider the motion of the 14th instant, instructing the Committee on Public Lands to inquire into the expediency of authorizing the sale, and to reduce the price of certain sections of land, and agreed thereto. The Senate proceeded to consider the report of the Committee of Claims, to whom was referred the petition of Charles Larabee; and the further consideration thereof was postponed to Wednesday next. The Senate proceeded to consider the report of SENATE. Congressional Compensation. DECEMBER, 1820. the Committee of Claims, to whom was referred to the inhabitants of the counties of Attakapas, Opethe memorial of Eliza Dill, Jane Jervis, and Lou-lousas, and Avoyelles, in the State of Louisiana, their isa St. Clair Robb, daughters of the late General claim to the common use of all cypress and cypress Arthur St. Clair; and in conformity therewith swamps within the limits of those counties. resolved, that the prayer of the petitioners ought not to be granted. The Senate resumed, as in Committee of the Whole, the consideration of the bill to incorporate the Columbia Society for literary purposes, together with the amendment last reported thereto by the Committee on the District of Columbia; and the consideration thereof was further postponed until to-morrow. Resolved, That the Committee on the Public Lands be instructed to inquire into the causes which have occasioned the delay in surveying the public lands and private claims within the State of Louisiana, and into the expediency of modifying existing laws on that subject, so as to facilitate the surveying of those lands. the expediency of making, by law, such provision as Resolved, That the same Committee inquire into may be deemed essential, to cause patents to be issued for all private land claims within the State of LouisThe Senate proceeded to consider, as in Com-iana, which have been legally confirmed; and into the mittee of the Whole, the bill, entitled "An act for expediency of making further provision for compenthe relief of Elias Parks," together with the amend- sating the principal deputy surveyors of Louisiana, ment reported thereto by the Committee of Claims; for the services required of them. and, having agreed to the amendment, the President reported it to the House amended accordingly; and the amendment being concurred in, it was ordered to be engrossed, and the bill read a third time as amended. The Senate resumed, as in Committee of the Whole, the consideration of the bill, entitled "An act to amend the act, entitled 'An act to alter the times of the session of the circuit and district courts in the District of Columbia ;" and the consideration thereof was postponed to Wesdnesday next. A message from the House of Representatives announced to the Senate the death of NATHANIEL HAZARD, late a member of the House of Representatives from the State of Rhode Island and Providence Plantations, and that his funeral will take place this day at two o'clock. On motion of Mr. HUNTER, it was Resolved, unanimously, That the Senate will at tend the funeral of Nathaniel Hazard, late a member of the House of Representatives from the State of Rhode Island and Providence Plantations, this day at two o'clock; and as a testimony of respect for the memory of the deceased, they will go into mourning, and wear a black crape round the left arm for thirty days. TUESDAY, December 19. Mr. WILSON presented the petition of Elisha Gordon, of New Jersey, legal representative of Patience Gordon, deceased, praying payment of a loan office certificate issued to the said Patience in her life time, by the loan officer of New Jersey, and which is now lost; and the petition was read, and referred to the Committee of Claims. Mr. THOMAS, from the Committee on Public Lands, to whom was referred the bill for the relief of the legal representatives of Gabriel Berzat, deceased, reported it without amendment. informed the Senate that the House have passed A message from the House of Representatives the bill, entitled "An act for the relief of Margaret Perry," and the bill, entitled "An act for the relief of William McIntosh;" in which bills they request the concurrence of the Senate. The two bills last brought up for concurrence were read, and severally passed to a second reading. The amendment to the bill entitled "An act for the relief of Elias Parks," having been engrossed, the bill was read the third time as amended, and passed. CONGRESSIONAL COMPENSATION. The Senate, agreeably to the order of the day, proceeded to the consideration of the following resolution, introduced by Mr. BURRILL, of Rhode Island, on the 16th ultimo: Resolved, That the act entitled "An act allowing compensation to the members of the Senate, members of the House of Representatives of the United States, and to the delegates of the Territories, and repealing all other laws on the subject," passed at the first session of the fifteenth Congress, ought to be so altered and amended that the compensation to the members and delegates aforesaid shall hereafter be six dollars for each day's attendance, and six dollars for every twenty miles' travel, instead of the compensation now allowed by said act; and that it be referred to a committee, to prepare and report a bill for altering and amending said act accordingly. Upon the merits of the proposition, and of the several motions made in the course of its consideration, a spirited, good tempered, and interesting debate took place, occupying more than three hours. The following embraces a statement simply of the proceedings and of the names of those gentlemen who took part therein: Mr. WILSON, from the Committee of Claims, to whom was referred the petition of Thomas L. Ogden, in behalf of himself and others, reported a bill for the relief of Thomas L. Ogden and others; which was read, and passed to a second reading. The resolution was supported by Messrs. BURMr. DICKERSON, from the Joint Library Com-RILL and ROBERTS, and was opposed by Messrs. mittee, made a report; which was read. JOHNSON, of Kentucky, and DANA; and Mr. J. Mr. JOHNSON, of Louisiana, submitted the fol- concluded his remarks by moving to postpone the lowing motions for consideration: Resolved, That the Committee on Public Lands be instructed to inquire into the expediency of confirming resolution to the second Monday of January next. The postponement was supported by the moveť, and was opposed by Messrs. MACON, DANA, and BURRILL; and negatived by yeas and nays: For the postponement 16; against it 20. Mr. MORRIL moved to postpone the resolution to Monday next, for reasons which he stated; and it was opposed by Mr. WILSON. The motion was negatived, without a division. Mr. DANA moved to amend the resolution by striking out all after the word Resolved, and inserting the following substitute: That a committee be appointed to inquire into the propriety of reducing the allowances authorized by the act entitled 'An act allowing compensation to the members of the Senate, the members of the House of Representatives of the United States and to the delegates of the Territories, and repealing all other laws on the subject,' with the allowances to the officers of the respective Houses of Congress; and also reducing the allowances made by law to the principal and other officers in each of the Executive Departments; and that the committee have leave to report by bill or other wise." Mr. ROBERTS required a division of the question; and it being accordingly first taken on striking out, it was determined in the affirmative-ayes 23. Considerable debate followed on the relative merits of this amendment and the original resolution, in which the amendment was advocated by Messrs. DANA, JOHNSON, of Kentucky, and CHANDLER, and was opposed by Messrs. BURRILL and ROBERTS; in the course of which SENATE. consequence of there being no land office in the District of Columbia for that purpose, he is unable to obtain a right to certain vacant lands discovered by him within said District in the year 1799, and praying relief; and the petition was read, and referred to the Committee on the Judiciary. Mr. JOHNSON, of Louisiana, presented the memorial of Thomas Shields, a purser in the Navy, praying remuneration for certain losses sustained by him whilst in the New Orleans station, in the Winter of 1814 and 1815; and the memorial was read, and referred to the Committee on Naval Affairs. Mr. NOBLE presented four memorials, signed by a number of individuals, concerned directly or indirectly as purchasers of public lands prior to the law "making provision for the sale of the public lands," stating that said law operates injuriously upon them, and praying that they may be permitted to apply the payments already made, to such portions of their entries as such payments will cover at two dollars per acre, and that the residue may revert to the United States; and the memorials were read, and referred to the Committee on Public Lands. The PRESIDENT communicated a report of the Secretary of War, made in obedience to a resolution of the Senate of the 30th of November, on the petition of Eleanor Lawrence; which was Mr. BURRILL moved to strike out of the amend-read, and referred to the Committee on Military ment so much as relates to the salaries of the executive officers, wishing to encumber, and therefore endanger, the main object as little as possible. The motion, after considerable discussion, was decided in the negative, as follows: YEAS-Messrs. Burrill, Dickerson, Eaton, Hunter, Johnson of Louisiana, King of New York, Lowrie, Roberts, Ruggles, Sanford, Smith, Thomas, and Wilson-14. NAYS-Messrs. Chandler, Dana, Edwards, Elliott, Gaillard, Holmes of Maine, Holmes of Mississippi, Johnson of Kentucky, King of Alabama, Macon, Morril, Noble, Palmer, Parrott, Pleasants, Talbot, Taylor, Tichenor, Trimble, Walker of Alabama, Walker of Georgia, and Williams of Tennessee-22. The question being taken on the amendment of Mr. DANA, it was agreed to; and the resolution, as amended, was then agreed to by the following Affairs. Mr. ROBERTS, from the Committee of Claims, Kemper, made a report, accompanied by the folto whom was referred the petition of Presley lowing resolution: Resolved, That the prayer of the petitioner ought not to be granted. The report and resolution were read. Mr. HOLMES, of Mississippi, from the Committee on Indian Affairs, to whom the subject was referred, reported a bill for the better regulation of the trade with the Indian tribes; and the bill was read, and passed to a second reading. Mr. TRIMBLE, from the Committee on Roads and Canals, to whom was referred the bill to authorize the appointment of commissioners to lay out a canal in the State of Ohio, reported it without amendment. Mr. HOLMES, of Maine, submitted the following motion for consideration: Resolved, That the Committee of Finance be instructed to inquire what diminutions and alterations may be made in the compensations to officers of the customs. Mr. WILLIAMS, of Tennessee, from the Committee on Military Affairs, made an unfavorable report on the petition of Horatio Stark, late an officer in the Army, praying to be allowed to enter one thousand acres of public land at the minimum price, in consideration of his military services from 1801 to 1815, when he was disbanded without receiving more advance than officers of younger standing. The Senate took up the bill to amend the act for the relief of the legal representatives of Henry Willis. |