MARCH, 1821. Proceedings. Senate. a in their offices, and of the Librarian," approved The Senate resumed, as in Committee of the the 18th day of April, 1818; and, the same having Whole, the consideration of the bill, entitled "An been amended, it was reported to the House ac- act for the relief of Daniel McDuff;" and, on mocordingly; and, the amendment being concurred tion by Mr. Roberts, it was laid on the table. in, the bill was ordered to be engrossed and read The Senate proceeded to consider, as in Coma third time. It was then read the third time by mittee of the Whole, the bill, entitled "An act to unanimous consent, and passed. fix and equalize the pay of the officers in the Army The bill supplemental to “An act to authorize of the United States ;" and, on motion by Mr.. the appointment of commissioners to lay out the WILLIAMS, of Tennessee, it was laid on the table. road therein mentioned,” was read the third time, The Senate proceeded to consider, as in Comand passed. mittee of the whole, the resolution from the House The bill to provide for the due execution of the of Representatives providing for jails in certain laws of the United States within the State of cases for the safe custody of persons imprisoned Missouri, was read the third time, and passed. under the authority of the United States; and, no The bill to amend the act, entitled "An act sup- amendment having been proposed, it was reported plementary to an act, entitled 'An act to regulate to the House, and passed to a third reading. The the collection of duties on imports and tonnage," resolution was then read the third time by unanipassed the 2d day of March, 1799, was read the mous consent, and passed. third time, and passed. The Senate proceeded to consider, as in ComThe bill entitled "An act making appropriations mittee of the Whole, the bill, entitled '"An act furfor the public buildings," was read the third time ther to amend the several acts relative to the Treaas amended, and passed. sury, War, and Navy Departments;" and, on moThe amendments to the bill, entitled "An act to tion by Mr. Mills, it was laid on the table. alter and establish certain post roads," having The Senate proceeded to consider, as in Combeen reported by the committee correctly engrossed, mittee of the Whole, the bill, entitled “An act for the bill was further amended by unanimous con- the relief of Robert Buntin ; and the same havsent, and was read the third time as amended, and ing been amended, it was reported to the House passed. accordingly, and the amendment being concurred The Senate proceeded to consider, as in Com- in, was ordered to be engrossed and the bill be mittee of the Whole, the bill, entitled "An act for read a third time as amended. the relief of John Webster;" and no amendment Mr. Thomas, from the Committee on Public having been proposed, it was reported to the Lands, to whom was referred the bill confirming House, and passed to a third reading: The bill certain claims to land in the State of Illinois, rewas then read the third time by unanimous con- ported it without amendment; and it was laid on sent, and passed. the table. The Senate proceeded to consider, as in Com- Ordered, That the following bills which origimittee of the Whole, the bill, entitled "An act to nated in the Senate severally lie on the table, viz: authorize the President of the United States to A bill giving the right of pre-emption to William establish a port of entry in the district of San- Doak and Noble Osborne ; a bill supplementary dusky, in the State of Ohio, and for other pur- to an act passed on the 5th of April, 1820, entitled poses," together with the amendment reported "An act for the relief of John Harding, Giles thereto by the Committee on Commerce and Man- Harding, John Shute, and John Nichols;" a bill ufactures; and the amendment having been agreed concerning divorces and alimony in the District to, the bill was reported to the House accordingly, of Columbia ; a bill to designate the boundaries and the amendment being concurred in, it was of a land district and for the establishment of a ordered to be engrossed, and the bill read a third land office in the State of Indiana ; a bill for the time as amended. The bill was then read the relief of Dean Weymouth; a bill granting to the third time as amended, and passed. corporation of the city of Mobile, in the State of The Senate proceeded to consider, as in Com- Alabama, certain lots of ground in said city; a mittee of the Whole, the bill, entitled “An act bill to empower the Levy Court for the county of authorizing the Secretary of State to issue letters Washington to discontinue a certain road therein patent to Thomas Oxley;" and no amendment mentioned; a bill explanatory of the act for the having been proposed, it was reported to the House, relief of John H. Piatt. and passed to a third reading. The bill was then A message from the House of Representatives read the third time by unanimous consent, and informed the Senate that they have passed a bill, passed. entitled "An act authorizing the Secretary of the The Senate proceeded to consider, as in Com- Treasury of the United States to sell and convey mittee of the Whole, the bill, entitled "An act a certain tract of land in Northumberland county, making appropriations for the support of the Navy in the State of Virginia ;" in which bill they reof the United States for the year 1821;” and the quest the concurrence of the Senate. same having been amended, it was reported to the The bill last brought up for concurrence was House accordingly; and the amendment being twice read by unanimous consent; and referred to concurred in, it was ordered to be engrossed and the Committee on Finance. the bill be read a third time as amended. The Mr. SANFORD, from the Committee on Finance, bill was then read the third time as amended by reported the last mentioned bill without amendunanimous consent, and passed. ment. a a a a Senate. Proceedings. MARCH, 1821. The Senate proceeded to consider, as in Com- of the resolution of the first instant, to provide mittee of the Whole, the last mentioned bill ; and for the payment of a balance due on the settlement no amendment having been proposed, it was re- of the accounts of Alexander James Dallas. ported to the House; and passed to a third read- On motion, by Mr. RUGGLES, the Committee ing. The bill was read the third time by unani- of Claims were discharged from the consideration mous consent, and passed. of the petition of Josephus B. Stuart. Mr. Holmes, of Mississippi, communicated a The Senate resumed, as in Committee of the letter signed by a number of chiefs of the Choctaw Whole, the consideration of the bill, entitled "An nation of Indians, addressed to Andrew Jackson act to regulate the location of land warrants and and Thomas Hinds, requesting to be permitted by the issuing of patents in certain cases,” together law to become citizens of the United States; and with the amendments reported thereto by the Comthe letter was read, and laid on the table. mittee on Public Lands; and, the amendments The Senate proceeded to consider, as in Com- being agreed to, the bill was reported to the House mittee of the Whole, the three resolutions of the amended ; and, the amendments being concurred 27th February, to compensate certain attendants in, were ordered to be engrossed, and the bill be on the Senate ; and the last of them having been read a third time as amended. The bill was then amended, they were reported to the House accord- read the third time as amended by unanimous coningly; and, the amendments being concurred in, sent, and passed. the resolutions were ordered to be engrossed and The following resolutions were respectively read read a third time. a third time, and passed : The Senate proceeded to consider, as in Com- Resolved, That Robert Tweedy, Tobias Simpson, mittee of the Whole, the bill, entitled “An act to and George Hicks, assistants to the Sergeant-at-arms authorize the building of lighthouses on Cross and Doorkeeper of the Senate, be paid out of the conand Pond Island, in the harbor of Boothbay, and tingent fund two dollars a day for each day they may at the mouth of Oswego river, and placing buoys have attended the Senate during the present session on the Shoals of Nantucket and Vineyard Sound, of Congress; and that Henry Tims be allowed one near the harbor of Wickford, and on the Altamaha hundred dollars for his attendance during the present river, and for other purposes,” together with the session, amendments reported thereto by the Committee Resolved, That there be paid out of the contingent on Commerce and Manufactures; and the said fund to Robert Tweedy, Tobias Simpson, and George amendments having been amended, they were Hicks, the sum of one hundred and fifty dollars each agreed to, and the bill was reported to the House for extra services. Resolved, That the Secretary be authorized to pay accordingly; and, the amendments being concurred in, they were ordered to be engrossed, and the bill R. B. Washburn, out of the contingent fund of the Senate, at the rate of four dollars per day for the time be read a third time as amended. then read the third time as amended by unanimous office during the present session. The bill was during which he has been employed in the Secretary's consent, and passed, and the title was amended to The bill entitled "An act for the relief of Robert read "An act to authorize the building of lighthouses therein mentioned, and for other purposes.'Buntin,” was read the third time as amended, and passed. A message from the House of Representatives SATURDAY, March 3. informed the Senate that they have passed a bill, entitled "An act making appropriations for the The credentials of BENJAMIN RUGGLES, appointed a Senator by the Legislature of the State of military service of the United States for the year Ohio, for the term of six years, commencing on the Senate. 1821 ;' in which they request the concurrence of the fourth instant, were read, and laid on file. The bill last brought up for concurrence was The following Message was received from the twice read by unanimous consent; and referred to PRESIDENT OF THE UNITED STATES : the Committee on Finance. To the Congress of the United States : Mr. SANFORD, from the Committee on Finance, I communicate to the two Houses of Congress copies reported the last mentioned bill with amendments, of a treaty, this day duly ratified on the part of the which were read. Whereupon, the Senate proUnited States, concluded and signed at the Indian ceeded to consider, as in Committee of the Whole, Springs, on the 8th of January last, with the Creek the last mentioned bill, together with the amendnation of Indians, in order to such legislative meas ments reported thereto by the Committee on Fiures as may be necessary for giving effect to it. JAMES MONROE. nance; and the amendments having been agreed WASHINGTON, March 2, 1821. to, the President reported the bill to the House acThe Message was read. cordingly; and, the amendments being concurred On motion, by Mr. Thomas, the Committee on be read a third time as amended. in, they were ordered to be engrossed, and the bill Public Lands were discharged from the consideration of the petition of Levi Chadwick; and, also, The Senate adjourned to seven o'clock, P. M. from the consideration of the resolution of the 24th Seven o'clock, P. M. January, to grant the right of pre-emption in A message from the House of Representatives incertain cases. formed the Senate that the House have passed bills On motion, by Mr. SANFORD, the Committee of the following titles, viz: “An act to authorize on Finance were discharged from the consideration the President of the United States to borrow a sum MARCH, 1821. Proceedings. SENATE. a not exceeding four millions five hundred thousand cess in the courts of the United States;” and no dollars ;" "An act for carrying into execution the amendment having been made thereto, it was retreaty between the United States and Spain, con- ported to the House, and read the third time by cluded at Washington on the 22d day of February, unanimous consent, and passed. 1819;" "An act to amend the act, entitled 'An The bill from the House of Representatives, enact for the gradual increase of the Navy of the titled "An act to establish an additional land office United States ;". "An act to amend an act, entitled in the Territory of Michigan,” was ordered to lie 'An act for regulating process in the courts of the on the table. United States ;" and "An act to establish an ad- A message from the House of Representatives ditional land office in the Territory of Michigan;" informed the Senate that they have passed a bill, in which they request the concurrence of the entitled “An act to continue in force an act, enSenate. titled 'An act regulating the currency within the The five bills last mentioned were severally read United States of the gold coins of Great Britain, twice by unanimous consent. France, Portugal, and Spain,' passed on the 29th The bill, entitled "An act to authorize the Pres- day of April, 1816, so far as the same relates to ident of the United States to borrow a sum not ex- the crowns and five franc pieces of France ;" in ceeding four millions five hundred thousand dol- which they request the concurrence of the Senate. lars," was referred to the Committee on Finance. The bill last mentioned was twice read by unan Mr. Sanford, from the Committee on Finance, imous consent, and it was considered by the Senreported the last mentioned bill with amendments; late, as in Committee of the Whole; and the bill which were read. having been amended, it was reported to the House The Senate proceeded to consider the said bill accordingly; and, the amendment being concurred and amendmenis, as in Committee of the Whole; in, was ordered to be engrossed, and the bill be and, the amendments having been agreed to, the read a third time as amended. The bill was then bill was reported to the House accordingly; and read the third time as amended, and passed. the amendments being concurred in, were or- A message from the House of Representatives dered to be engrossed, and the bill be read a third informed the Senate that the House have passed a time as amended. The bill was read the third bill, entitled "An act establishing the salaries of time as amended by unanimous consent, and the commissioners and agents appointed under the passed. Treaty of Ghent,” in which they request the conOn motion, the title was amended, so as to read currence of the Senate. "An act to authorize the President of the United They disagree to the amendments proposed by States to borrow a sum not exceeding five millions the Senate to the bill, entitled "An act making of dollars." appropriations for the military service of the UniThe amendments to the bill from the House of ted States for the year 1821." Representatives, entitled "An act making appro- The Senate proceeded to consider their amendpriations for the military service of the United ments to the bill last mentioned, disagreed to by States for the year 1821," having been reported by the House of Representatives; and, the committee correctly engrossed, the bill was Resolved, That they do insist on their said amendfurther amended, and read the third time by unan- ments, except the last paragraph of the fourth imous consent, and passed. On motion the title amendment, from which they recede. was amended by adding thereto the words and for The bill from the House of Representatives, enother purposes. titled "An act establishing the salaries of the comThe bill, entitled "An act for carrying into ex- missioners and agents appointed under the Treaty ecution the treaty between the United States and of Ghent,” was twice read by unanimous consent, Spain, concluded at Washington on the 22d day of and considered by the Senate, as in Committee of February, 1819," was referred to the Committee the Whole; and, on Foreign Relations. On motion, by Mr. BARBOUR, to strike out after Mr. BARBOUR, from the Committee on Foreign the word " that," in the third line of the first secRelations, reported the last mentioned bill without tion, the following words : amendment. The Senate proceeded to consider the said bill, sand eight hundred and twenty-one, each commis From and after the first day of January, one thouas in Committee of the Whole, and no amendment sioner now appointed, or who may be appointed agreehaving been made thereto, it was reported to the ably to the provisions of the Treaty of Ghent, shall be House, and read a third time by unaniinous con- entitled to receive at the rate of twenty-five hundred dolsent, and passed. lars per annum ; and each agent appointed, or who may The Senate proceeded to consider, as in Com- be appointed as aforesaid, shall be entitled to receive mittee of the Whole, the bill, entitled "An act to at the rate of twenty-five hundred dollars per annum; amend the act, entitled 'An act for the gradual which said sums so allowed to said officers respectively, increase of the Navy of the United States;" and shall be a full compensation for services and all per no amendment having been made thereto, it was sonal expenses incurred while in the performance of reported to the House, and read the third time by the duties of their respective offices : Provided, That unanimous consent, and passed. the compensation by this section allowed, shall not be The Senate proceeded to consider, as in Com- continued longer than two years from the said first mittee of the Whole, the bill, entitled “An act to day of January, 1821. amend the act, entitled 'An act for regulating pro- “ Sec. 2. And be it further enacted, That each SENATE. Proceedings. MARCH, 1821. commissioner and agent shall not be entitled to receive It was determined in the affirmative--yeas 20, for services performed in their respective offices, before nays 12, as follows: the said first day of January, 1821, any greater sum YEAS-Messrs. Barbour, Eaton, Edwards, Elliott, than the rate of four thousand four hundred and forty- Holmes of Maine, Holmes of Mississippi, Hunter, four dollars per annum, which shall be considered a Johnson of Kentucky, Johnson of Louisiana, King of full compensation for services and all personal expen- New York, Lanman, Macon, Otis, Parrott, Pleasants, ses incurred while in the discharge of their respective Sanford, Stokes, Talbot, Thomas, ard Trimble. duties. Nars-Messrs. Chandler, Dana, Dickerson, Gail. “ Sec. 3. And be it further enacted, That" lard, Knight, Lowrie, Roberts, Ruggles, Smith, TayIt was determined in the negative-yeas 14, lor, Tichenor, and Williams of Tennessee. nays 19, as follows: Whereupon, Resolved, That the Senate do furYeas-Messrs. Barbour, Chandler, Eaton, Elliott, ther insist on their said amendments, and ask a Gaillard, Holmes of Mississippi, Hunter, Johnson of conference on the disagreeing votes of the two Kentucky, King of New York, Otis, Parrott, Stokes, Houses. Trimble, and Walker of Alabama. Ordered, That Mr. BARBOUR, and Mr. King, of Nars—Messrs. Dana, Dickerson, Edwards, Holmes New York, be the managers at the said conferof Maine, Johnson of Louisiana, Knight, Lanman, ence on the part of the Senate. Lowrie, Macon, Pleasants, Roberts, Sanford, Smith, Southard, Talbot, Taylor, Thomas, Tichenor, and informed the Senate that they agree to the confer A message from the House of Representatives Williams of Tennessee. ence asked by the Senate on the disagreeing votes And no amendment having been made to the of the two Houses, on the amendments of the said bill it was reported to the House, read the Senate to the bill, entitled "An act making approthird time by unanimous consent, and passed. On motion, by Mr. Barbour, the Senate pro- States for the year 1821," and have appointed priations for the military service of the United ceeded to the appointment of a printer or printers managers at the same on their part ; and they on their part, to execute the printing of the Senate have passed a bill, entitled "An act authorizing for the Seventeenth Congress, pursuant to the res the settlement of the accounts of the late Le Roy olution of the 3d of March, 1819, on the subject; Opie;" in which they request the concurrence of and, the ballots having been counted, it appeared the Senate. that Messrs. Gales & Seaton had a majority, The bill last brought up for concurrence was and were elected. A message from the House informed the Senate by the Senate as in Committee of the Whole; twice read by unanimous consent, and considered that they disagree to the first and second, and and no amendment having been made, it was reagree to the third of the amendments of the Sen-ported to the House, read the third time by unaniate to the bill, entitled "An act to authorize the mous consent, and passed. President of the United States to borrow a sum not exceeding four millions five hundred thousand of the Senate at the conference on the amend Mr. BARBOUR, from the managers on the part dollars;" and they insist on their disagreement to ments of the Senate disagreed to by the House of the amendments insisted on by the Senate to the Representatives to the bill , entitled ""An act makbill , entitled "An act making appropriations for ing appropriations for the military service of the the military service of the United Siates for the United States for the year 1821," reported that The Senate proceeded to consider the amend- House of Representatives, and conferred freely on they had met the managers on the part of the ments disagreed to by the House of Representa- the subjects committed to them, but that they tives to the bill, entitled "An act to authorize the could come to no agreement thereupon. President of the United States to borrow a sum On motion, by Mr. Lowrie, that the Senate not exceeding four millions five hundred thousand recede from their said amendments, it was deterdollars ;” and on motion, by Mr. BARBOUR, it mined in the affirmative-yeas 17, nays 16, as was resolved, that the Senate do insist on their follows: said amendments, and ask a conference on the YEAS-Messrs. Chandler, Dana, Dickerson, Elliott, disagreeing votes of the two Houses. Gaillard, Hunter, Knight, Lowrie, Macon, Roberts, Ordered, That Messrs. Barbour and King, of Ruggles, Smith, Southard, Taylor, Van Dyke, WalNew York, be the managers at the said confer- ker of Alabama, and Walker of Tennessee. ence on the part of the Senate. Nars—Messrs. Barbour, Eaton, Edwards, Holmes The Senate again considered their amendments of Maine, Holmes of Mississippi, Johnson of Kento the bill, entitled "An act making appropria- tucky, King of New York, Lanman, Otis, Parrott, tions for the military service of the United States Pleasants, Sanford, Stokes, Talbot, Taylor, and Trimfor the year 1821,"disagreed to by the House of ble. Representatives; and on motion, by Mr. BAR- So it was Resolved, That the Senate do recede BOUR, that the Senate further insist on their said from their amendments to the said bill. amendments, and ask a conference, a division of On motion, by Mr. BARBOUR, the question was called for; and on the question Resolved, unanimously, That the thanks of the again to insist on the first of the said amendments Senate be presented to John Gaillard, for the as follows: impartial, able, and dignified manner in which he Section 1, line 40, strike out “two hundred and has discharged the duties of President of the Sentwo thousand,” and insert " four hundred thousand,” | ate during the present session. Whereupon, year 1821." Supplemental Speeches. Mr. GAILLARD addressed the Senate as follows: On motion, by Mr. Holmes, of Maine, a comGENTLEMEN: In the approbation of my conduct as mittee was appointed on the part of the Senate, presiding officer, expressed by this honorable body, by jointly with such committee as may be appointed ihose with whom I have been so long and so happily on the part of the House of Representatives, to associated, for many of whom I entertain a warm per- wait on the President of the United States, and sonal attachment, and for all a sincere respect and notify him that, unless he may have other commuesteem, I have received an ample and gratifying re- nications to make to the two Houses of Congress, ward for the solicitude I have felt lo merit their favor- they are ready to adjourn. able opinion. If various and repeated acts of kindness; if an indulgent and liberal support in the dis Mr. Holmes, of Maine, and Mr. HUNTER, were charge of my official duties, present claims on grati- appointed the committee on the part of the Senate. tude, then am I largely and truly your debtor; and A message from the House of Representatives the more especially so, when it may be emphatically informed the Senate that the House, having finadded, that, whatever of public consideration I may ished the business before them, are about to adenjoy, if indeed I possess any, has been derived more, journ. much more, from the confidence and favor you have Mr. Holmes, of Maine, from the joint combestowed on me, than from any merit of my own: mittee, reported that they had waited on the Presi Under such strong obligations, obligations which will dent of the United States, who informed them ever be recollected and acknowledged with pride and that he had no further communication to make to pleasure, I now tender to you gentlemen, collectively, the two Houses of Congress. as well as individually, my grateful thinks, wishing you a safe and happy return to your homes and fami Whereupon, the President adjourned the Senlies, and the enjoyment of health, happiness, and ate without day. prosperity. SUPPLEMENTAL SPEECHES. , SPEECH OF MR. SMITH, OF S. C. attempt to follow the gentleman through all the arguments with which he had with so much eloIs THE SENATE, Jax. 17, 1821. quence entertained the Senate; because very many On the Report of the Committee on the Petition of before us. Upon an inquiry by Congress into of them had no sort of application to the question Matthew Lyon. their powers to look back upon a law which had Mr. SMITH, of South Carolina, addressed the expired twenty years ago by its own limitation, Senate as follows: and to revive it for no other purpose but to deHe thought this subject had been brought before clare that this expired law, at the time of its opthe Senate at a very unseasonable time. He like- eration, was unconstitutional, but little aid could wise felt. a reluctance in taking any part in the be derived from being told, as the gentleman had debate, and had intended to content himself with done in a strain of eloquence which no one could giving a silent vote when the resolutions were first reach but himself, that Mathew Lyon was a very submitted ; but his honorable friend from Virginia poor man, and to return him his fine of one thou(Mr. BARBOUR) had, in a very unprovoked man- sand dollars would profit him, and not impoverish ner, laid him under the necessity of entering the the United States; and that it would tend to relists in self-defence. That gentleman had told store his injured reputation; that he had been the Senate the great object of the resolutions was, sent fifty miles from the place of his conviction to declare by a law, to be passed by the present through a populous country for the purpose of Congress, that the act of Congress which was exposing him to public view ; that he had been passed on the 14th day of July, 1798, and which confined in a dreary dungeon, during the whole expired by its own limitation on the 3d day of Winter months, without the privilege of fire; and ; March, 1801, commonly called the sedition law, denied at the same time the privilege of pen, ink, under which the petitioner, Matthew Lyon, and and paper, lest he should communicate his privaseveral other worthy citizens, had been at different tions and his agonies to his friends. These were times indicted for libels, was an unconstitutional arguments addressed to our feelings, and not to law; and, therefore, all the fines and forfeitures our judgments. If Matthew Lyon has been opwhich had been received in consequence of the pressed by those who have been intrusted with the convictions under those indictments ought to be execution of this law, in the manner stated by the refunded. In discussing this subject he would not honorable gentleman, it would excite the utmost |