THURSDAY, November 30. Mr. BARBOUR presented the memorial of the inhabitants of the District of Columbia, praying the establishment of a system of penitentiary jurisprudence, and the authority and aid of Congress for the erection of suitable buildings for carrying such system into effect in said district; and the memorial was read, and referred to the Committee on the District of Columbia. Mr. SANFORD presented the petition of Eleanor Lawrance, of the city of New York, praying compensation for her farm on Long Island, now occupied by troops of the United States, as a military post; and the petition was read, and referred to the Secretary of War. Mr. JOHNSON, of Kentucky, obtained leave to bring in a bill to incorporate the Columbian Society for literary purposes; and the bill was read, and passed to a second reading.. Mr. JOHNSON of Louisiana, obtained leave to bring in a bill granting to the Governor of the State of Louisiana, for the time being, and his successors in office, two tracts of land in the county of Point Coupee; and the bill was read, and passed to a second reading. Mr. HOLMES, of Mississippi, communicated an attested copy of the act of the Legislature of the State of Mississippi, entitled "An act making appropriations for the Natchez Hospital," and requesting the consent of Congress thereto; and the act was read, and referred to the Committee on Commerce and Manufactures. The Senate proceeded to consider the motion of yesterday, for an inquiry into the application of the appropriations for public improvements in the City of Washington; and the consideration thereof was postponed until to-morrow. The resolution declaring the admission of the State of Missouri into the Union, was read the second time; and the further consideration thereof postponed to, and made the order of the day for, Monday next. The bill for the relief of Ebenezer Stevens and Austin L. Sands, legal representatives of Richardson Sands, deceased, and others, was read the second time; and the further consideration thereof was postponed until to-morrow. DECEMBER, 1820. FRIDAY, December 1. ELIJAH H. MILLS, appointed a Senator by the Legislature of the State of Massachusetts, to supPrentiss Mellen, produced his credentials, was ply the vacancy occasioned by the resignation of qualified, and took his seat in the Senate. of Thomas Shields, purser in the Navy, praying Mr. KING, of Alabama, presented the memorial compensation for certain naval stores and other property destroyed in December, 1814, by the explosion of a battery at the bay of St. Louis, which was ordered to be blown up by Lieutenant T. A. C. Jones, of the Navy; and the memorial was read, and referred to the Committee on Naval Affairs. Mr. WALKER, of Georgia, presented the petition of Morgan Brown, praying compensation for a horse killed while in the employment of the United States in the late war with the Creek Indians; and the petition was read, and referred to the Committee of Claims. Mr. JOHNSON, of Louisiana, presented the petition of Jacques Villere, of Louisiana, praying indemnity for a number of slaves taken from him by the British on their retreat from New Orleans in 1815; and the petition was read, and referred to the Committee of Claims. Mr. WILLIAMS, of Tennessee, from the Committee on Military Affairs, to whom was referred the bill for the relief of Robert Purdy, reported the same without amendment. Mr. WILLIAMS, of Tennessee, from the same committee, to whom was referred the bill for the relief of the officers and volunteers engaged in the late campaign against the Seminole Indians, reported the same with amendments; which were read. The bill granting to the Governor of the State of Louisiana, for the time being, and his successors in office, two tracts of land in the county of Point Coupee, was read the second time; and referred to the Committee on Public Lands. The Senate proceeded to consider, as in Committee of the Whole, the bill for the relief of Ebenezer Stevens and Austin L. Sands, legal representatives of Richardson Sands, deceased, and others ; and the further consideration thereof was postponed to Monday next. Mr. BARBOUR submitted the following motion for consideration: Resolved, That the Committee on the Judiciary be instructed to inquire into the propriety of so modifying the law punishing piracy as to authorize the President of the United States to commute capital punishment for confinement in penitentiary houses. Mr. RUGGLES submitted the following motion for consideration: Resolved, That the Committee on Public Lands be instructed to inquire into the expediency of making provision by law for remitting the interest that has become due from the purchasers of the public landsin consequence of their inability to make payments agreeable to the terms of the law, and for giving reasonable time to said purchasers to complete the payment of the principal. The Senate resumed the consideration of the motion of the 29th ult. for an inquiry into the application of the appropriations for public improvements in the city of Washington, and agreed thereto; and Messrs. ROBERTS, MILLS, Burwell, Otis, and LLOYD, were appointed the committee. BANK OF THE UNITED STATES. Mr. ROBERTS presented the memorial of the Bank of the United States, which, after some introductory matter, concludes by submitting the following points, on which they ask relief and protection from Congress: “1st. The charter provides that no director, except the President, shall be eligible for more than three years in four. This provision has, in practice, been found to deny to the bank the services of those men who are best qualified to administer its affairs with safety and profit to the institution. It is a provision not contained, your petitioners believe, in the charter of any respectable banking institution. It was not contained in the charter of the former Bank of the United States, and it would seem that the provision of the charter which forbids the re-election of more than three-fourths of the directors in office at the time of an annual election (to which your petitioners have no objection) is calculated to effect all the ends of the embarrassing provision from which your petitioners now crave relief. "2d. At present there is no authority under the laws of Congress to punish any fraud, peculation, or violation of trust, committed by any of the officers of the bank or its offices, and on this point the State laws are also supposed to be deficient. Nor is there any adequate civil remedy for the bank against its faithless agents who may, the hour before their dismissal from office, while the investigations necessary to their removal indicate to them that result, take the property of the bank from its vaults, and withhold it, and, if they please, give it in payment to their other creditors, in exclusion of the bank from which it has been thus purloined. “3d. Under the charter, it has been doubted whether the bank has power to authorize the issuing of notes not signed by the President and countersigned by the cashier. The labor and the time necessary to sign notes for the bank and all its branches, are much greater than either of those officers can bestow upon that object, and hence the bank has been unable to put in circulation a sufficient amount of notes of the smaller denominations, which the public most want, and which are best calculated to serve the interest of the bank. If authority were given to the board, from time to time, to appoint one or more persons to sign notes of the smaller denominations, at the parent bank, under the superintendence and direction of the board and its principal officers, there would be no public risk, and it would afford all the aid which your petitioners desire on the point. 4th. Under the 14th section of the act incorporating the bank, the bills or notes of the bank originally made payable, or which shall have become payable, on demand, are made receivable in all payments to the United States, unless otherwise directed by act of Congress. Under this regulation, the power of the bank to make its capital available, either for its own profit or the public good, is greatly abridged. The sphere of its circulation is limited to those places where it is least wanted, and made to exclude those where it would be eminently useful, while the whole currency of vast SENATE. sections of the country is thereby frequently greatly embarrassed." The memorial was read and referred to the Committe on Finance. MONDAY, December 4. WILLIAM PINKNEY, from the State of Maryland, took his seat in the Senate. Timberlake, praying that, in the liquidation of his Mr. BARBOUR presented the petition of John B. accounts with the Navy Department, a just allowance may be made to him for certain losses unavoidably sustained whilst purser of the frigates "United States" and "President," and the petition was read, and referred to the Committee of Claims. Mr. JOHNSON, of Louisiana, presented the memorial of the General Assembly of Louisiana, praying the grant of certain lands therein described, for certain public purposes; and the memorial was read, and referred to the Committee on Public Lands. Mr. WILLIAMS, of Mississippi, presented the memorial of Daniel W. Coxe, praying to be confirmed in his title to a tract of land in the State of Louisiana; and the memorial was read, and referred to the Committee on Public Lands. A message from the House of Representatives informed the Senate that the House have passed a bill, entitled "An act to incorporate the managers of the National Vaccine Institution in the District of Columbia;" the bill entitled "An act for the relief of Perley Keyes and Jason Fairbank;" the bill, entitled "An act for the relief of Elias Parks ;" and the bill, entitled "An act to amend the act, entitled 'An act for the relief of the legal representatives of Henry Willis ;" and, also, a resStates to cause astronomical observations to be olution authorizing the President of the United made, to ascertain the longitude of the Capitol in the City of Washington, from some known meridian in Europe; in which bills and resolution they request the concurrence of the Senate. The four bills and resolution last brought up for concurrence were read, and severally passed to a second reading. The Senate proceeded to consider the resolution of the 1st instant, instructing the Committee on Public Lands to inquire into the expediency of remitting the interest on payments due from purchasers, and giving them further time to complete the payment of the principal; and agreed thereto. mittee of the Whole, the bill for the relief of Robert Purdy; and the further consideration thereof was postponed to Thursday next. The Senate proceeded to consider, as in Committee of the Whole, the bill for the relief of the officers and volunteers engaged in the late campaign against the Seminole Indians, together with the amendments reported thereto by the Committee on Military Affairs; and the further consideration thereof was postponed to Thursday next. Mr. JOHNSON, of Kentucky, submitted the following motion for consideration: Resolved, That the Committee on Military Affairs be instructed to inquire into the expediency of extending the time for locating military land warrants in the State of Ohio. COMPENSATION OF MEMBERS. The Senate, according to the order of the day, took up the resolution submitted by Mr. BURRILL on the 16th ultimo, to reduce the compensation of members of Congress to six dollars a day. Mr. JOHNSON, of Kentucky, observed that he had no doubt the ultimate fate of this proposition would be indefinite postponement. As he did not, however, desire a discussion of the subject at present, he would not make that motion, but would move its postponement until next Monday week, the 18th instant; which motion was agreed to, and the resolution was postponed accordingly. PUNISHMENT OF PIRACY. The resolution submitted by Mr. BARBOUR, on Friday last, was taken up, and having been modified by the mover, so as to direct an inquiry into the expediency of authorizing the President of the United States to commute the capital punishment of piracy by confinement in penitentiary houses, in such cases as he may deem expedient DECEMBER, 1820. was republican, and no objection, he presumed, could arise to it: it was unnecessary to detain the Senate with any remarks on the subject, unless any explanations were desired by gentlemen, which he would with pleasure afford, so far as he was able. He trusted the resolution would now be acted on, and the members from the new State, who had been waiting for a considerable time, be admitted to their seats in the National Councils. Mr. EATON, of Tennessee, disclaimed any disposition to create delay on this subject; but it was proper, Mr. E. said, that the mind of every member should be satisfied on a question of so much importance before he was called on to give his vote. His own mind, he confessed, was not satisfied; and, to obtain time for reflection, and to mature his opinion on it, he should move to postpone the resolution to a future day. At present, he repeated, he was not prepared to vote either in the affirmative or negative, with the conviction of being right. There were controverted points in he wished to see whether it was in all respects the constitution presented by the new State, and conformable to the Constitution of_the_United States. Another reason which Mr. E. offered in favor of a postponement of the question here, was, that the House of Representatives (if he might refer to its proceedings without being out of order) had fixed on Wednesday next for going into the consideration of the subject, and he did not consider it expedient or proper for both Houses to be discussing the same question contemporaneously. He deemed it a more eligible course that the subject should be acted on in one House first, and then be taken up in the other. To obtain time for himself, however, as he at first intimated, he should ask the Senate to postpone the resolution to Wednesday next only, and accordingly made a motion to that effect. Mr. BARBOUR proceeded to give, at considerable length, his views in support of the object of his Mr. SMITH would not oppose the motion, but motion. He entered into a general defence of the he objected to that reason of the gentleman, for superiority of the penitentiary system of punish- postponement, which referred to the purposes of ment over the old code, contrasting the mildness the other House. There was no such comity and good effects of the one, with the cruelty, yet in- due to that House from this, as to wait until it effectual operation, of the other-maintaining the had decided a question before it should be taken great superiority of the former, not only in its human-up here. This opinion was not incompatible with ity, but in its salutary effects on the subject of the punishment, as well as in its example on society and referring to facts and experience in some of the States, Virginia particularly, compared with the effects of the bloody code in England and this country, to sustain his opinions. The resolution was agreed to without objection. ADMISSION OF MISSOURI. The Senate, according to the order of the day, proceeded to the consideration of the resolution declaring the admission of the State of Missouri into the Union on an equal footing with the original States. Mr. SMITH, of South Carolina, (chairman of the select committee which reported the resolution,) observed that the resolution was conformable to those adopted on similar occasions heretofore, and he hoped there would be no difficulty or delay in its passage. The constitution of the new State perfect respect for the other House; and such an argument ought not to govern the Senate or any other body. This question, Mr. S. remarked, had, in another shape, at the last session occupied a vast portion of the time of the Senate, and there was no authority for believing that the present would be a debated question. If gentlemen had any objections to the constitution, let them state them at once, and it would then be known whether any discussion was to ensue. Heretofore, States had come into the Union without being stopped at the threshold. He referred to the State of Indiana, in 1816; while the resolution for the admission of Indiana was under progress in the Senate, the House of Representatives had the member from that State in his seat debating and voting. There was no reason why the Senate, in the present case, should wait for the other House; let this branch go on and decide whether the new members have a right to their seats. It was only when this ill fated Missouri presented itself for admission, that a desire was expressed for procrastination and delay. He hoped the Senate would not agree to the motion, unless divested of the reason given by the mover in relation to the other House. Mr. EATON replied that the argument objected to by the gentleman from South Carolina, had been merely thrown out by him from an impression that it was not proper for both Houses to be acting on the subject at one and the same moment. It was strange, however, he thought, that the gentleman should object to the motion solely because in his opinion one bad argument was offered in its favor. It was singular that a proposition admitted to have sufficient good reasons in its support, should be opposed by the gentleman merely because the arguments for it concluded with a bad one. He had stated that he entertained doubts on the question, and he only desired one or two days for reflection, and to make up an opinion. He concluded by varying his motion for postponement to Thursday next. SENATE. of courtesy towards the members from the new State, now kept waiting at the bar for admission, and towards the State itself, to decide the question without more delay. A contrary course, he urged, would be a departure from the proceeding in all pre-existing cases; and he could not believe that a mere technical exception could operate on the wisdom of the Senate, of which he entertained the most exalted opinion, to prevent it from eternally burying the brand of discord which had been lighted up at the last session. Mr. B. said, as there was no good reason for the postponement asked for, he must vote against it. He hoped the time would never come when the opinion of this body, solemnly expressed, would not have a great moral effect out of doors as well as in doors. This question was looked at by the nation with much anxiety and some degree of alarm, and he hoped the Senate would not keep the public mind in suspense, but decide it without delay. Mr. EATON having again varied his motion to its original shape, for Wednesday his opposition to the postponement, as he was always ready to accord to any gentleman reasonable time for preparation. Mr. SMITH Concurred with Mr. JOHNSON in this sentiment, and, for the same reason, would not oppose the postponement to Wednesday. Mr. JOHNSON, of Kentucky, felt no reluctance Mr. JOHNSON, of Kentucky, said, as the gentleto postpone the subject for the gentleman's accom- man had placed his motion on the ground of permodation, but he would not consent to the post-sonal indulgence, he would cheerfully withdraw ponement for the reason that the Senate ought to wait the decision of the other House, because the latter reason might operate to the postponement of the question here altogether, or at least for a considerable period beyond the time now proposed. His only motive for objecting to the motion was on account of the latter argument urged by the gentleman from Tennessee. If the gentleman wanted time merely to mature his opinion, let him move the postponement from day to day, until he had made up his mind on the question. Mr. J. said the question to be decided was one of great importance; it swallowed up, in fact, every other, and until it was settled, they could not well go on with the ordinary business of the session. He was unwilling, therefore, to postpone it on a motion accompanied by a reason that might call for still further delay. He was not willing to wait for the other House, as he deemed it right and proper for the Senate to decide the question as early as possible; sufficient delay had already taken place, and he hoped the gentleman would change his motion to a postponement until to-morrow only. If he should not then be prepared for the question, Mr. J. said he would agree to give him further time. Mr. EATON added a few words explanatory of his reasons for asking a short delay. His health had not been good, and he had not possessed the opportunity of satisfying his mind on some points involved in the decision of the question. He thought opposition to such a motion was unusual, and that when any gentleman asked further time it was always granted, even when the question was one of inconsiderable importance; but, on a question of such acknowledged magnitude, it was still more extraordinary that the indulgence he asked should have been opposed. He wanted no time to prepare a great harangue, for he should probably pass over the question silently; but it was to see if a measure which he was called to vote on would violate the instrument which he had sworn to observe. sion, he himself, late in the day, asked the Senate to postpone the question on the bank only to the next day, and was refused; and, so far from indulging him, they took the question over his head, while he was in the midst of a speech on the subject. Mr. SMITH rose again, merely to correct the gentleman as to a fact. The gentleman had stated Mr. BARBOUR, of Virginia, was never opposed that time was never refused to a member when he to allowing gentlemen time to make up their opin-asked for it; but Mr. S. recollected, on one occaions on all matters of deliberation; but in this case he concurred with Messrs. SMITH and JOHNSON, in their opposition to the motion, for the reasons they had assigned. The argument used by Mr. EATON, that it was proper to wait the decision of the other House, amounted almost to an indefinite postponement of the subject here. He was averse to delay on that ground. The question, he thought, had been forever sealed at the last session; so fully was he persuaded of this, that he had supposed accursed would have been the hand that should again open this fountain of bitter waters. Mr. B. then proceeded into a brief argument to show that it The PRESIDENT communicated a report of was right and proper, under every consideration | Secretary of the Treasury, prepared in obe” 16th CoN. 2d SESS.-2 The question was then taken on postponing the resolution to Wednesday, and was agreed to, nem. con. TUESDAY, December 5. .ne ience to the act, entitled "An act to establish the Treasury Department." Mr. WILSON Submitted the following motion for consideration: DECEMBER, 1820. Europe, was read the second time, and referred to the Committee on the District of Columbia. Mr. HORSEY, from the Committee on the District of Columbia, to whom was referred the bill Resolved, That the Committee on Military Affairs to incorporate the Columbian Society for literary be instructed to inquire into the expediency of allow-purposes, reported the same with amendments; ing to the officers of the army a specific sum monthly which were read. in lieu of their present pay, rations, and other emol uments. Mr. MORRIL, Submitted the following motion for consideration: Resolved, That the President of the United States be requested to cause the agent employed under the act entitled "An act authorizing the purchase of fire engines and for building houses for the safe keeping of the same," to inform the Senate if said act is carried into complete effect; if not, to what degree, and why not fully; and, also, if a warrant has been issued from the Treasury Department for the sum appropriated, and if so, when issued. Mr. NOBLE Submitted the following motion for consideration: Resolved, That the Committee on the Public Lands be instructed to inquire into the expediency of establishing an additional land office in the State of In diana. Mr. THOMAS, from the Committee on Public Lands, to whom was referred the bill, entitled "An act to provide for paying to the State of Illinois three per cent. of the net proceeds arising from the sale of the public lands within the same," reported it without amendment. The bill for the relief of Ebenezer Stevens and Austin L. Sands, legal representatives of Richardson Sands, deceased, and others, was amended by unanimous consent, read the third time, and passed. The Senate proceeded to consider the motion of yesterday, to extend the time for locating military land warrants in Ohio; and, on motion, it was ordered to lie on the table. The bill from the House of Representatives, entitled "An act for the relief of Elias Parks," was read the second time, and referred to the Committee of Claims. The bill from the House of Representatives, entitled "An act to amend the act, entitled ‘An act for the relief of the legal representatives of Henry Willis," was read the second time, and referred to the Committee on Public Lands. Mr. BARBOUR presented the petition of Joseph Janney, praying compensation for buildings and other property destroyed by the enemy during the late war with Great Britain, in consequence of the occupancy thereof by militia; and the petition was read, and referred to the Committee of Claims. Mr. RUGGLES presented two memorials, signed by a number of individuals concerned directly or indirectly, as purchasers of public lands, prior to the law "making further provision for the sale of the public lands," stating that said law operates injuriously on 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 memorials were read, and referred to the Commitmay revert to the United States; and the tee on Public Lands. Mr. PINKNEY presented the petition of John Gooding and James Williams, late owners of the private armed schooner "Midas," praying that they may be paid the bounty allowed by law to the owners of private armed vessels for the capture and delivery of prisoners, on twenty-two slaves that formed part of the crew of the British privateer Dash," captured in the year 1814, by the "Midas;" and the petition was read, and referred to the Committee on Naval Affairs. Mr. RUGGLES presented the petition of Elderkin Potter, praying compensation for a horse lost whilst in the service of the United States; and the petition was read, and referred to the Committee of Claims. CASE OF MATTHEW LYON. Mr. BARBOUR from the committee to whom was referred the petition of Matthew Lyon, submitted the following report; which was read: The claim of the petitioner to redress rests on the facts, that he was convicted under the law commonly called the sedition act, and suffered in his body by a long and loathsome confinement in jail, and in his estate by the payment of a large fine. He asserts that the law under which he suffered was unconstitutional; and proceeds to infer that when a citizen has been injured by an unconstitutional stretch of power he is entitled to indemnity. The bill from the House of Representatives, entitled "An act to incorporate the Managers of the National Vaccine Institution in the District of Columbia," was read the second time, and referred to the Committee on the District of Co-rect decision involves general principles, so highly imlumbia. The bill from the House of Representatives, entitled "An act for the relief of Perley Keys and Jason Fairbanks," was read the second time, and referred to the Committee on Finance. Although this be the case of an individual, its cor portant as to claim a profound consideration. committee, after the severest investigation, have deciUnder this solemn impression, a majority of the ded that the petitioner is entitled to relief. They owe it to themselves and to the occasion to present succinctly to the Senate some of the promiThe resolution from the House of Representa-nent reasons which have produced this determination. tives authorizing the President of the United States to cause astronomical observations to be made to ascertain the longitude of the Capitol in the City of Washington, from some known meridian in The first question that naturally presents itself in the investigation is, Was the law Constitutional? The committee have no hesitation in pronouncing, in their opinion, it was not. They think it is not necessary at |