118 117 Admission of Missouri. DECEMBER, 1820. : amending the judiciary laws in relation to writs sequence of this defect, as the Senate would well of error in criminal cases; and agreed thereto. remember, some difficulty occurred four years ago, The bill from the House of Representatives, in relation to the votes from Indiana. Objections entitled “An act for the relief of Nicholas Jarrott,” were made to receiving these votes ; the counting was read the second time, and referred to the Com- was interrupted ; the two Houses separated ; and mittee on Public Lands. although on that occasion they again came togeThe bill from the House of Representatives, ther, and proceeded on, and completed the business entitled "An act to alter the time of holding the before them, so happy a result might not always district court in the district of Mississippi," was be produced. Cases might occur where stronger read the second time, and referred to the Com- doubts might exist, or more excitement prevail; mittee on the Judiciary. debates be protracted, and decisions deferred, and The bill from the House of Representatives, serious inconveniences or evils follow. Was it entitled "An act to amend the act, entitled 'An not probable such a case would occur during the act to alter the times of the session of the circuit present session ? Would it not at least be prudent and district courts of the District of Columbia," io guard against danger from such a contingency? was read the second time, and referred to the Com-Congress has unquestionably the power, under the mittee on the District of Columbia. last clause of the 8th section of the first article of The Senate resumed, as in Committee of the the Constitution, and he thought they ought to Whole, the consideration of the bill for the relief exercise it, by vesting the authority to decide upon of the officers and volunteers engaged in the late doubtful, disputed, or unlawful votes, either in the campaign against the Seminole Indians, and no President of the Senate, the Senate itself, the House further amendment having been proposed thereto, of Representatives, or in the two Houses, conthe President reported it to the House amended; jointly or separately. At least, Mr. W. deemed and the bill was ordered to be engrossed and read the subject of sufficient importance to justify the a third time. inquiry proposed in the resolution which he had The Senate resumed, as in Committee of the submiited. Whole, the consideration of the bill, entitled “An Mr. Wilson submitted also the following resoact to incorporate the managers of the National lution : Vaccine Institution in the District of Columbia ;" Resolved, That the Committee on the Judiciary be and the consideration thereof was further post- instructed to inquire whether any, and, if any, what poned until to-morrow. amendments are necessary and proper to be made to The Senate resumed, as in Committee of the the act, entitled “An act relative to the election of a Whole, the consideration of the bill to incorporate President and Vice President of the United States, the Columbian Society for literary purposes; and, and declaring the officer who shall act as President, on motion by Mr. Johnson of Kentucky, it was in case of vacancies in the offices both of the Presilaid on the lable. dent and Vice President," passed March 1, 1792. The resolution authorizing Mountjoy Bayly to Both resolutions lie on the table one day of employ a person to attend the furnace, was read course. the third time, and passed. The bill for the relief of John Holmes, was ADMISSION OF MISSOURI. read the third time, and passed. The resolution declaring the consent of ConThe bill for the relief of Morgan Brown, was gresss to the admission of the State of Missouri read the third time, and passed. into the Union was read a third time, and the question stated " Shall the resolution pass ?" ELECTORAL VOTES. Mr. TRIMBLE observed, in reference to some Mr. Wilson, of New Jersey, submitted the fol- remarks between himself and Mr. Smith yesterlowing resolution : day, that he had not voted for the admission of Resolved, that the Committee on the Judiciary Alabama, because he could not reconcile the probe instructed to inquire whether any, and, if any, vision in relation to banks, (with all the checks what provisions are necessary or proper to be made and guards which had been introduced into the by law to meet contingencies which may arise from constitution of Alabama on that subject) with unlawful, disputed, or doubtful votes under that part the Federal Constitution. In relation to that proof the 12th article of amendments to the Constitu- vision he had entertained doubts which were at tion of the United States, which relates to counting the time expressed to some of his friends. Mr. T. the votes of the Electors for the President and Vice said it was true that he had not made a formal President of the United States. opposition to the admission of Alabama, because Mr. Wilson said, it would be found, on refer- he had just taken his seat in the Senate, and was ring to the article in the Constitution alluded to unaccustomed to legislative proceedings; nor did in this resolution, that the provision in relation to he then suppose that it was so important that he counting the votes for President and Vice Presi- should record his name, in opposition to the meadent is very general. The words are," the Presi-sures which he thought violated the spirit and ident of the Senate shall, in presence of the Sen- true meaning of the Federal Constitution, But, ate and House of Representatives, open all the had the gentleman, said Mr. T., no other defence ' certificates, and the votes shall then be counted." to set up for that article of the constitution of It is not said who shall count the votes, nor who Missouri? If, said he, the Federal Constitution shall decide what votes shall be counted. In con- has been violated, in one instance, is that any rea a SENATE. Proceedings. DECEMBER, 1820. son that it should be violated in another ? Can Mr. Holmes, of Mississippi, communicated a precedent sanctify a violation of the Constitution letter to him from the Superintendent of Indian which we are sworn to support? Trade, enclosing a copy of his report in relation to The question being then put, the resolution was Indian trade; and the letter and report were read. passed and sent to the House of Representatives Mr. Johnson, of Louisiana, gave notice, that for concurrence. to-morrow he should ask leave to bring in a bill for the relief of the legal representatives of Gabriel Wednesday, December 13. Berzat, deceased. The bill for the relief of the officers and volunMr. Ruggles presented the petition of Philander Chase, President of Worthington College, in teers engaged in the late campaign against the the State of Ohio, praying a donation in land' for Seminole Indians, was read a third time, and the use of said college; and the memorial was passed. read, and referred to the Committee on Public Whole, the consideration of the bill to incorporate The Senate resumed, as in Committee of the Lands. The following Message was received from the the Columbian Society for literary purposes, toPRESIDENT OF THE UNITED STATES: gether with the amendment last reported thereto by the Committee on the District of Columbia ; To the Senate of the United States : In compliance with a resolution of the Senate of the further consideration of the bill and amend and the said amendment having been amended, the 6th of December, requesting that the agent employed under the act, entitled "An act authorizing ment was postponed to Monday next. the purchase of fire engines and building houses for The Senate proceeded to consider the motion the safe keeping of the same,” should report in the of yesterday, instructing the Committee on the Jumanner stated in the said resolution his conduct in diciary to inquire if any provisions are necessary to execution of the said act, I now transmit to the Sen- be made by law to meet contingencies, which may ate a report from the agent, which communicates all arise from unlawful, disputed, or doubtful votes, the information which has been desired. under that part of the twelfth article of amend JAMES MONROE. ments to the Constitution, which relates to countDECEMBER 12, 1820. ing the votes of the Electors for President and The Message and report were read, and refer- Vice President; and agreed thereto. red to a select committee, to consider and report The Senate proceeded to consider the motion thereon; and Messrs. Morril, ROBERTS, and Lan- of yesterday, instructing the Committee on the MAN, were appointed the committee. Judiciary to inquire what amendments are necesMr. Noble presented the petition of George sary to be made to the act “ relative to the election Love, only son of Thomas Love, deceased, pray- of President and Vice President, and declaring ing compensation for certain services rendered by the officer who shall act as President in case of his father in the Revolutionary war; and the peti- vacancies in the offices both of President and Vice tion was read, and referred to the Committee of President;" and agreed thereto. Claims. The resolutions reported by Mr. Barbour, from Mr. Roberts presented the petition of Julia the select committee to which was referred the Plantou, of the city of Philadelphia, representing petition of Matthew Lyon relative to the late sedithat she has designed and executed an allegorical tion law and the fines and penalties incurred unpainting of the Treaty of Ghent, which she solicits der it, were, on motion of Mr. Smith of South Congress to purchase; and the petition was read, Carolina, with the consent of Mr. Barbour, postand referred to the Committee on the Public poned to the 1st of January. Buildings. Mr. Roberts presented the memorial of Jane Baker, widow of Thomas Baker, late a Post Cap THURSDAY, December 14. tain in the Navy, praying that the pension which Mr. Thomas presented the memorial of E. B. was granted to her husband may be continued to Clemson, praying compensation for certain serher; and the memorial was read, and referred to vices rendered in the commissary's department, the Committee on Naval Affairs. and in other stations in the Army, and also remunMr. TRIMBLE presented the petition of George eration for certain expenses incurred therein ; and Jackson, of Ohio, praying compensation for the the memorial was read, and referred to the Comuse of a wagon and team, and for four horses mittee of Claims. which were lost in the service of the United States Mr. Wilson presented the petition of Thomas during the late war; and the petition was read L. Ogden of New York, on behalf of himself and and referred to the Committee of Claims. others, owners of certain real estate at Sackett's Mr. Lloyd presented a petition, signed by Harbor, in the State of New York, which, during number of the citizens of Georgetown, remonstrat- the late war with Great Britain, was used for ing against the passage of the bill from the House public purposes, praying compensation and indemof Representatives, entitled "An act to amend the nity therefor; and the petition was read, and react, entitled 'An act to alter the times of the ses- ferred to the Committee of Claims. sion of the circuit and courts in the Dis- Mr. Wilson, from the Committee of Claims, trict of Columbia ;" and the petition was read, to whom was referred the bill, entitled "An act and referred to the Committee on the District of for the relief of Elias Parks,” reported it with an Columbia. amendment; wbich was read. DECEMBER, 1820. Proceedings. SENATE. Mr. Wilson, from the same committee, to whom Mr. SanFORD presented the petition of Jacob was referred the memorial of Eliza Hill, Jane Barker, of New York, praying the interposition of Jervis, and Louisa St. Clair Robb, daughters of Congress in the settlement of his accounts, under the late General St. Clair, made a report, accom- his contracts of the 2d of May, 1814, with the panied by a resolution, that the prayer of the pe- Secretary of the Treasury, for a portion of the ten titioners ought not to be granted. The report and million loan, being part of the twenty-five millions resolution were read. authorized by the act of the 24th of March, 1814; Mr. Wilson, from the same committee, to and the petition was read, and referred to the Comwhom was referred the petition of Charles Lara- mittee of Claims. bee, made a report, accompanied by a resolution, Mr. Holmes, of Mississippi, presented the petithat the petitioner have leave to withdraw his tion of Horatio Stark, of Mississippi, praying that, papers. The report and resolution were read. in consideration of long military services, the right Mr. Van Dyke presented the memorial of the of entry of one thousand acres of land in MissisPresident and Directors of the Chesapeake and sippi, which may become forfeited for non-payDelaware Canal Company, praying the aid of the ment by those who made the original entries, may Government; and the memorial was read, and be granted to him at the present or former price; referred to the Committee on Roads and Canals. and the petition was read, and referred to the Mr. JOHNSON, of Louisiana, obtained leave to Committee on Military Affairs. bring in a bill for the relief of the legal representa- Mr. Elliott presented the memorial of the tives of Gabriel Berzat, deceased; and the bill was Savannah Poor House and Hospital Society, praytwice read by unanimous consent, and referred to ing that the proper officer of the Government may the Commitiee on Public Lands. be authorized to take, in behalf of the United Mr. LANMAN, from the Committee on the Dis- States, an interest of one-half in the buildings trict of Columbia, to whom was referred the bill, erected by them for the accommodation of sick entitled "An act to amend the act, entitled 'An and disabled seamen; and the memorial was read, act to alter the times of the session of the circuit and referred to the Committee on Commerce and and district courts in the District of Columbia ;" Manufactures. reported the same without amendment. 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 Ísle 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 The Senate resumed, as in Committee of the Commerce and Manufactures. Whole, the consideration of the bill to continue Mr. Sanford, from the Committee on Finance, in force, for a further time, the act, entitled "An to whom was referred the bill, entitled "An act act for establishing trading-houses with the Indian for the relief of Perley Keys and Jason Fairbanks,” tribes;" and the further consideration thereof was reported it with an amendment; which was read. postponed to Tuesday next. Mr. Wilson, from the Committee on Claims, Mr. TRIMBLE gave notice that, on Monday next, to whom was referred the petition of George Love, he should ask leave to bring in a bill to organize made a report, accompanied by a resolution, that a Law Department. the prayer of the petitioner ought not to be granted. Mr. Noble submitted the following motion for the report and resolution were read. consideration: Mr. Noble, from the Committee on Pensions, Resolved, That the Committee on Public Lands be to whom was referred the petition of Park Avery, instructed to inquire into the expediency of authorizing made a report, accompanied by a resolution, that the sale, and to reduce the price of certain sections of the prayer of the petitioner ought not to be granted. land, heretofore reserved for the future disposal of Con- The report and resolution were read. gress, situale and being within that part of the Cin- The Senate resumed the consideration of the cinnati district wbich lies in Indiana. motion of the 16th of November, to amend the On motion by Mr. King, of New York, to re- act allowing compensation to the members of consider the vote of the 12ch instant, on the reso-Congress, so as to reduce the per diem to six lution authorizing the Sergeant-at-Arms of the dollars; and it was further postponed until toSenate lo employ a person to attend the furnace. morrow. The said motion was laid on the table. The Senate proceeded to consider the motion The Senate adjourned to Monday. 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 Monday, December 18. certain sections of land, and agreed thereto. Mr. Holmes, of Maine, presented the petition The Senate proceeded to consider the report of of Samuel Tucker, praying compensation for ser- the Committee of Claims, to whom was referred vices rendered as a captain in the Navy, prior to the petition of Charles Larabee; and the further the adoption of the Federal Constitution; and the consideration thereof was postponed to Wednespetition was read, and referred to the Committee day next. on Naval Affairs. The Senate proceeded to consider the report of a a the Committee of Claims, to whom was referred to the inhabitants of the counties of Attakapas, Ope- Resolved, That the Committee on the Public Lands not to be granted. be instructed to inquire into the causes which have The Senate resumed, as in Committee of the occasioned the delay in surveying the public lands and Whole, the consideration of the bill to incorporate private claims within the State of Louisiana, and into the Columbia Society for literary purposes, to the expediency of modifying existing laws on that gether with the amendment last reported thereto subject, so as to facilitate the surveying of those lands. by the Committee on the District of Columbia; the expediency of making, by law, such provision as Resolved, That the same Committee inquire into and the consideration thereof was further postponed may be deemed essential, to cause patents to be issued until to-morrow. 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 Presi Mr. Thomas, from the Committee on Public dent reported it to the House amended according- Lands, to whom was referred the bill for the relief ly; and the amendment being concurred in, it was of the legal representatives of Gabriel Berzat, deordered to be engrossed, and the bill read a third ceased, reported it without amendment. time as amended. The Senate resumed, as in Committee of the informed the Senate that the House have passed A message from the House of Representatives Whole, the consideration of the bill, entitled "An the bill, entitled “An act for the relief of Margaret act to amend the act, entitled 'An act to alter the Perry," and the bill, entitled "An act for the retimes of the session of the circuit and district lief of William McIntosh ;” in which bills they courts in the District of Columbia ;" and the con- request the concurrence of the Senate. sideration thereof was postponed to Wesdnesday The two bills last brought up for concurrence next. were read, and severally passed to a second reading. A message from the House of Representatives The amendment to the bill entitled "An act for announced to the Senate the death of NATHANIEL | the relief of Elias Parks," having been engrossed, Hazard, late a member of the House of Reprethe bill was read the third time as amended, and sentatives from the State of Rhode Island and passed. Providence Plantations, and that his funeral will take place this day at two o'clock. CONGRESSIONAL COMPENSATION. On motion of Mr. HUNTER, it was The Senate, agreeably to the order of the day, all other laws on the subject," passed at the first ses- and amended that the compensation to the meinbers and delegates aforesaid shall hereafter be six dollars Mr. Wilson presented the petition of Elisha for each day's attendance, and six dollars for every Gordon, of New Jersey, legal representative of twenty miles' travel, instead of the compensation now Patience Gordon, deceased, praying payment of allowed by said act; and that it be referred to a coma loan office certificate issued to the said 'Patience mittee, to prepare and report a bill for altering and in her life time, by the loan officer of New Jersey, amending said act accordingly. and which is now lost; and the petition was read, Upon the merits of the proposition, and of the and referred to the Committee of Claims. several motions made in the course of its consider Mr. Wilson, from the Committee of Claims, ation, a spirited, good tempered, and interesting to whom was referred the petition of Thomas L. debate took place, occupying more than three hours. Ogden, in behalf of himself and others, reported The following embraces a statement simply of the a bill for the relief of Thomas L. Ogden and proceedings and of the names of those gentlemen others; which was read, and passed to a second who took part therein: reading. The resolution was . Mr. 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 : resolution to the second Monday of January next. Resolved, That the Committee on Public Lands be The postponement was supported by the movei, instructed to inquire into the expediency of confirming and was opposed by Messrs. Macon, Dana, and DECEMBER, 1820. Proceedings. SENATE. BURRILL; and negatived by yeas and nays: For consequence of there being no land office in the the postponement 16; against it 20. District of Columbia for that purpose, he is unable Mr. Morril moved to postpone the resolution to obtain a right to certain vacant lands discovto Monday next, for reasons which he stated ; and ered by him within said District in the year 1799, it was opposed by Mr. Wilson. The motion was and praying relief; and the petition was read, and negatived, without a division. referred to the Committee on the Judiciary: Mr. Dana moved to amend the resolution by Mr. Johnson, of Louisiana, presented the mestriking out all after the word Resolved, and insert- morial of Thomas Shields, a purser in the Navy, ing the following substitute : praying remuneration for certain losses sustained " That a committee be appointed to inquire into by him whilst in the New Orleans station, in the the propriety of reducing the allowances authorized by Winter of 1814 and 1815; and the memorial was the act entitled · An act allowing compensation to the read, and referred to the Committee on Naval members of the Senate, the members of the House of Affairs. Representatives of the United States and to the dele Mr. Noble presented four memorials, signed by gates of the Territories, and repealing all other laws a number of individuals, concerned directly or inon the subject, with the allowances to the officers of directly as purchasers of public lands prior to the the respective Houses of Congress; and also reducing law " making provision for the sale of the public the allowances made by law to the principal and other lands,” stating that said law operates injuriously officers in each of the Executive Departments; and that the committee have leave to report by bill or other- upon them, and praying that they may be permitwise." ted to apply the payments already made, to such Mr. Roberts required a division of the question ; portions of their entries as such payments will and it being accordingly first taken on striking out, cover at two dollars per acre, and that the residue it was determined in the affirmative-ayes 23. may revert to the United States; and the memoConsiderable debate followed on the relative rials were read, and referred to the Committee on merits of this amendment and the original resolu- í Public Lands. tion, in which the amendment was advocated by Secretary of War , made in obedience to a resolu The PRESIDENT communicated a report of the Messrs. Dana, JOHNSON, of Kentucky, and CHANDLER, and was opposed by Messrs. 'BURRILL and tion of the Senate of the 30th of November, on Roberts; in the course of which the petition of Eleanor Lawrence; which was Mr. BURRill moved to strike out of the amend- read, and referred to the Committee on Military Affairs. ment so much as relates to the salaries of the executive officers, wishing to encumber, and there Mr. Roberts, from the Committee of Claims, fore endanger, the main object as little as possible. Kemper, made a report, accompanied by the fol to whom was referred the petition of Presley The motion, after considerable discussion, was decided in the negative, as follows: lowing resolution : YEAS-Messrs. Burrill, Dickerson, Eaton, Hunter, Resolved, That the prayer of the petitioner ought Johnson of Louisiana, King of New York, Lowrie, not to be granted. Roberts, Ruggles, Sanford, Smith, Thomas, and Wil The report and resolution were read. son-14. Mr. Holmes, of Mississippi, from the CommitNars-Messrs. Chandler, Dana, Edwards, Elliott, tee on Indian Affairs, to whom the subject was Gaillard, Holmes of Maine, Holmes of Mississippi, referred, reported a bill for the better regulation of Johnson of Kentucky, King of Alabama, Macon, Mor the trade with the Indian tribes; and the bill was ril, Noble, Palmer, Parrott, Pleasants, Talbot, Taylor, read, and passed to a second reading. 'Tichenor, Trimble, Walker of Alabama, Walker of Mr. TRIMBLE, from the Committee on Roads Georgia, and Williams of Tennessee-22. and Canals, to whom was referred the bill to auThe question being taken on the amendment of thorize the appointment of commissioners to lay Mr. Dana, it was agreed to ; and the resolution, out a canal in the State of Ohio, reported it withas amended, was then agreed to by the following out amendment. vote: Mr. Holmes, of Maine, submitted the following YEAS-Messrs. Burrill, Chandler, Dana, Dickerson, motion for consideration : Edwards, Elliott, Gaillard, Holmes of Maine, Holmes Resolved, That the Committee of Finance be inof Mississippi, Hunter, Johnson of Kentucky, Johnson structed to inquire what diminutions and alterations of Louisiana, Lowrie, Macon, Morril, Noble, Palmer, may be made in the compensations to officers of the Parrott, Pleasants, Roberts, Ruggles, Sanford, Smith, Talbot, Taylor, Thomas, Tichenor, Trimble, Walker of Alabama, Walker of Georgia, and Williams of Mr. Williams, of Tennessee, from the ComTennessee-32. mittee on Military Affairs, made an unfavorable Nars-Messrs. Eaton, King of Alabama, King of report on the petition of Horatio Stark, late an New York, and Mills—4. officer in the Army, praying to be allowed to enMessrs. Dana, BurriLL, Johnson, of Kentucky, ler one thousand acres of public land at the miniROBERTS, and Smith were appointed the com mum price, in consideration of his military sermittee; and the Senate adjourned. vices from 1801 to 1815, when he was disbanded without receiving more advance than officers of younger standing Wednesday, December 20. The Senate took up the bill to amend the act Mr. Johnson, of Kentucky, presented the pati- for the relief of the legal representatives of Henry tion of William Pancoast, representing that, in | Willis. customs. |
