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And, pending the question on this amendment,
THURSDAY, DECEMBER 31, 1835.
Two other members, viz: from the State of Mississippi, David Dickson and John F. H. Claiborne, appeared, were sworn to support the constitution of the United States, and took their seats.
By unanimous consent,
Mr. Johnson, of Tennessee, submitted the following resolution, which was read and agreed to by the House, viz:
Resolved, That the Secretary of the Treasury transmit to this House, the "tabular statement exhibiting the sums yearly paid under each material head of expenditure from 1816 to 1934, inclusive," referred to in his report on the finances of the 8th instant.
On motion of Mr. Turrill, it was Ordered, That when this House shall adjourn to-day, it will adjourn to meet again on Monday, the fourth day of January, 1836.
A message from the Senate, by Mr. Lowrie, their Secretary:
Mr. Speaker : The Senate have agreed to the resolution for the appointment of a joint committee to direct the expenditure of the money appropriated for the library of Congress, and have appointed Mr. Preston of South Carolina, Mr. Porter of Louisiana, and Mr. Robbins of Rhode Island, to be of said committee on their part.
The Senate have also passed a bill (No. 26) entitled "An act to extend two patents of James Barron ;' in which bill they ask the concurrence of this House: and then he withdrew.
The House resumed the consideration of the several memorials from banks within the District of Columbia, presented on the 29th instant.
The question recurred on the amendment moved yesterday by Mr. Bouldin to the motion made by Mr. Thomas, to refer said memorials to a select committee with instructions: when
Mr Bouldin withdrew said amendment.
A motion was made by Mr. McKennan to amend the same, by inserting therein these words, " and that said committee be instructed to report to this House the names of the persons, and the date of all loans made by any District bank to members of Congress or officers of the Government since the 1st October, 1833."
Mr. Thomas further ruodified his said motion, by inserting therein, after the words, “which may be presented to the present Congress," these words, “at its present session.”
A motion was made by Mr. Kinnard to amend the said motion by inserting therein these words: " And to make the same inquiry, as far as practicable, in its application to loans made by the United States Bank and branches, to members of Congress and officers of Government since the veto of the bill to recharter said bank; and, also, the loans made to members of Congress by all the deposite banks."
A motion was made by Mr. Parker, that the further consideration of the subject be postponed until Monday next; and that the motion of Mr. Thomas, with the propositions to amend the same, be printed; which motion was disagreed to by the House.
The previous question was then moved by Mr. McKim, and being demanded by a majority of the members present,
The said previous question was put, viz: Shall the main question be now put?
96. The yeas and nays being desired by one-fifth of the members present,
Those who voted in the affirmative, are,
William S. Morgan
Henry A. Muhlenberg Jesse A. Bynum
Benjaman C. Howard Sherman Page
Dutee J. Pearce
Ebenezer J. Shields
Francis (). J. Smith
John Klingensmith, jr. George W. B. Towns
Joseph R. Underwood
David D. Wagener
Hiram P. Hunt
Henry F. Janes
John W. Jones
George L. Kinnard
George W. Lay
Thomas C. Love
Edward Lucas, jr.
Francis S. Lyon
John Y. Mason
Abram P. Maury
Mr. Jonathan McCarty
Henry L. Pinckney
John N. Steele
Waddy Thompson, jr.
Samuel F. Vinton James Parker
William B. Shepard George C. Washington James A. Pearce
Augustine H. Shepperd Elisha Whittlesey
William Sprague, jr. Henry A. Wise The main question was then stated, viz: that the House do agree to the motion made by Mr. Thomas, as modified, setting aside the amendments proposed thereto.
Several divisions of this question being desired,
The question was first put on so much of Mr. Thomas's motion as proposes to refer the memorials to a select committee:
And passed in the affirmative.
The question was then put on so much of said motion as instructs the committee “ to examine into the condition of the currency of said District; to inspect the books and examine into the proceedings of said banks; to ascertain whether their charters have been violated or not, and whether any abuses or malpractices have existed in their management; to send for persons and papers; to examine witnesses; and to appoint a clerk to record their proceedings:
And passed in the affirmative.
And the question was then put on the remainder of said motion, being that part contained within these words, viz: “to whom shall be referred all other memorials which may be presented to the present Congress at its present session, praying for an extension of the charters of the existing banks in said District of Columbia:” . And was decided in the negative. So it was
Resolved, That the several memorials from the presidents and directors of the Bank of Washington, the Bank of Potomac, the Farmers' Bank of Alexandria, the Patriotic Bank of Washington, the Bank of the Metropolis, and the Bank of Alexandria, all within the District of Columbia, and presented on the 29th instant, be referred to a select committee, to examine into the condition of the currency of said District; to inspect the books and examine into the proceedings of said banks; to ascertain whether their charters have been violated or not; and whether any abuses or malpractices have existed in their management; to send for persons and papers ; to examine witnesses on oath ; and to appoint a clerk to record their proceedings.
Mr. Thomas, Mr. Pierce of New Hampshire, Mr. Reed, Mr. May, Mr. Beaumont, Mr. Huntsman, Mr. Pinckney, Mr. Garland of Virginia, and Mr. Claiborne of Mississippi, were appointed said select committee.
And then the House adjourned until Monday, the 4th of January next, at 12 o'clock meridian.
MONDAY, JANUARY 4, 1836.
Another member, viz: from the State of South Carolina, Richard J. Manning, appeared, was sworn to support the Constitution of the United States, and took his seat.
Mr. Smith presented a petition of William Cutter and William W. Woodbairy, of Portland, in the State of Maine, praying for a return of forfeiture incurred under a misapprehension of the law, relative to the crew of the brig Harriet, by the officer of customs at the city of Boston.
Mr. Smith presented a petition of N. and Z. Dana & Co. of the city of Portland, in the State of Maine, praying for a return of the forfeiture incurred under a misapprehension of the law by the officer of customs at the city of Boston, relative to the crew of the brig Aurora.
Ordered, That the said petitions be referred to the Committee of Ways and Means.
Mr. Cushman presented a petition of sundry inhabitants of Portsmouth, in the State of New Hampshire, praying for an appropriation for the erection of a new custom-house at Portsmouth, and also a building for the use of the courts of the United States for the district of New Hampshire, which was referred to the Committee on Commerce.
Mr. Smith presented a petition of Thomas B. Parsons, of Portland, in the State of Maine, praying for a pension for services rendered, and disabilities incurred, in the naval service of the United States, which was referred to the Committee on Naval Affairs.
Mr. Adams presented a petition of sundry inhabitants of the State of Massachusetts, praying for the passage of an act making an appropriation for the payment of claims for spoliations on the commerce of the United States by French cruizers, prior to 1800, which was referred to the Cominittee on Foreign Affairs.
Mr. Bean presented a petition of Samuel Gile, of the State of New Hampshire, praying for relief on account of injury received while engaged in the service of the United States, in the year 1794, which was referred to the Committee of Claims.
Mr. Cushman presented a petition of Samuel P. Scott, first lieutenant of the revenue cutter Hamilton, on the Boston station, praying remuneration for losses and damages sustained, and liabilities incurred, in a suit against one John Anderson, for assault and battery committed by said Anderson upon the petitioner, in taking and securing the person of William Davis, a deserter from the revenue cutter Rush, which petition was referred to the Committee of Claims.
The two under mentioned petitions, heretofore presented, were again presented, and referred to the Committee on Revolutionary Pensions, viz:
By Mr. Briggs: The petition of Daniel Spencer, presented May 26, 1834. By Mr. Smith : The petition of Joseph Winch, presented January 5, IS35.
On motion of Mr. Bean, The memorial of inhabitants of Dover, in New Hampshire, for an appropriation to remove obstructions in the Cocheco river, presented heretofore on the 20th January, 1934, was referred to the Committee on Roads and Canals.
Mr. Evans presented a petition of David Smith, in the State of Maine, who was wounded in the last war, praying for arrears of pension from the time he was wounded until his name was enrolled upon the pension list, which was referred to the Committee on Invalid Pensions.
Mr. Smith presented a petition of Larnard Swallow, of the State of Maine, and of sundry inbabitants of said State, in behalf of the said Swallow, setting forth that he was wounded at Fort Preble on the 4th of July,
1834, while in the service of the United States, discharging a cannon in honor of the national independence, and praying relief, which petition was referred to the Committee on invalid Pensions.
On motion of Mr. Evans, The petition of Samuel Shorey, heretofore presented January 28, 1833, was referred to the Committee on Invalid Pensions.
A message from the Senate, by Mr. Lowrie, their Secretary:
No. 3. An act authorising the President of the United States to run and mark the line dividing the Territory of the United States from the State of Missouri.
No. 30. An act for the relief of Ilenry B. Tyler, executor of Colonel Richard Smith.
No. 32. An act supplementary to an act to regulate and fix the compensation of the clerks in the different offices, passed April 20, 1818 ;
In which bills, I am directed to ask the concurrence of this House,
Mr. John Quincy Adams rose and informed the House, that he had received a petition from certain citizens of the State of Massachusetts, praying for the abolition of slavery and the slave trade in the District of Columbia, which petition he was requested to present; and was proceeding in his remarks in relation thereto, and stated that it was his intention, before he resumed his seat, to move that the petition do lie on the table without reading
Mr. Patton rose to order, and inquired of the Speaker, whether the petition had been received by the House. The Speaker answered that it had not been received.
A motion was then made by Mr. Glascock, “ that the petition be not received." Mr. Gilascock was proceeding to debate his motion, when he was called to order by Mr. Jolm Quincy Adams, who stated his question of order to be that, under the 45th rule of the House, which declares, that
" Petitions, memorials, and other papers, addressed 10 the House, shall be presented by the Speaker, or by a member in his place: a brief statement of the conients thereof shall verbally be made by ihe introducer, and shall not be debated or decided on the day of their being firi read, unless where the House shall direct oherwise, bui shall lie on the iable, to be taken up in the order they were read,"— the motion, " that the petition be not received," and debate arising thereon, must lie over until to-inorrow.
The Speaker decided that Mr. Glascock was in order, in debating the motion " that the petition he not received," as, in the opinion of the Chair, that part of the 45th rule, which provides that petitions " shall not be debated or decided on the day of their being first read, unless where the House shall direct otherwise, but shall lie on the table, to be taken up in the order they were read," applies only to petitions after they have been received by the House, and not to the preliminary question on the motion " that the petition be not received."
From this decision of the Chair, Mr. Adams appealed to the House; and the question, Shall the decision of the Chair stand as the judgment of the House ? was stated,
And after debate thereon,