The question on ordering the Bill to a third reading was then taken, and decided in the affirmative. The bill passed the senate, without further opposition, and was sent to the house for concurrence. May 12th, the bill was taken up in that body, and Mr. P. P. Barbour stated the objects of the bill. Mr. Bates, of Missouri, opposed the bill, on account of the delay that would be occasioned by the right of imparlance; and more especially of the section relative to final process. He referred to the unhappy state of things occasioned in several of the new states, by the adoption of what has been denominated the relief system; inveighed against the practical injustice produced by a false sympathy for debtors, who suffered nothing but the consequence of their own free acts; dwelt upon the necessity and value of sure and speedy justice; and deprecated any conformity, on the part of the United States, to the example set on this subject by the state laws. Mr. Livingston said, that this bill would destroy the harmony at present existing in Louisiana, be. tween the process laws of that state and those of the United States. The second section could not be applied to the judicial concerns in that state, without throwing them into complete confusion. He there. fore should propose another section, exempting the state of Louisiana from the operation of the law. This amendment was agreed Another amendment was also to. adopted, declaring the appearance term to be a term, within the mean. ing of the second section. This amendment was not agreed to in the senate, and the house receded from it. The other amendment was accepted by the senate, and the bill became a law, without further opposition. The Vice-President (as already mentioned in vol. I. page 87) hav ing construed his powers, as presiding officer of the senate, as not permitting him to preserve order in that body, it became necessary to pass some resolution, declaring it to be within the scope of his authority. An amendment was ac cordingly offered, at this session, declaring that when a senator was called to order, "by the president or a senator, he shall sit down; and every question of order shall be decided by the president, without debate, subject to appeal to the senate." This simple proposition excited a long and eloquent debate in the senate, in which the opposition generally sustained the view taken by the Vice-President, of his pow. ers. They thought the authority proposed by the amendment, in the presiding officer, as of the most aristocratic character, and threatening the most alarming consequences. The constitution was invoked, and the idea of placing in the hands of an individual, the power of controlling and checking the freedom of debate in fortyeight senators, was stigmatized as monstrous. Notwithstanding these oratorical appeals, on the part of some of the members, the good sense of the senate prevailed, and the power was declared to be in the Vice-President, by a vote of 31 ayes, 15 nays; and the amendment then passed. The other business of the ses sion did not possess much permanent interest. The tariff and the presidential election seemed to have absorbed the faculties, and engrossed all the attention of the members; and, after a long and rather angry session, congress adjourned, on the 26th of May, without much regret on the part of the community, at the termination of its protracted debates. CHAPTER V. Opening of second session of Congress-Message of President-Bill relative to drawback-Drawback on Sugar-Tonnage duty-Instructions to Panama Mission-Termination of Congress. THE second session of the twentieth congress, commenced on the first of December, 1828, by the organization of both houses, in the usual manner. In the senate, 32 members attended; Mr. Prince appeared in the place of Mr. Cobb, resigned. In the house, 167 members answered to their names, and four new members, viz: Messrs. Tabor, of New-York, Chambers, of Kentucky, and Sinneckson and Randolph, of New-Jersey, appeared in the place of Messrs. Oakley and Metcalf, resigned, and Messrs. Holcombe, and Thompson, deceased. The next day, the president of the United States, transmitted his annual message to congress, which will be found among the public documents in the second part of this volume. The state of the foreign relations of the United States, had not mate. rially varied, during the last year. The claims on France were still unadjusted; but the recent advices from the American embassador, en couraged the expectation that the appeal to the justice of that govern. ment, would be properly answered. The king of the Netherlands, had been chosen as the arbitrator, to determine the dispute respecting the north eastern boundary. The state of the commercial relations between the United States and Great Britain, was then adverted to; and some of the acts passed by the British government, as re. taliating measures on account of the tariff, were spoken of, as violating the commercial convention between the two powers. A view was then given of the commercial system adopted by the United States; and an adherence to the principles of liberality and reciprocity which characterize it, strongly inculcated. Those principles had been partially adopted in the treaties formed by the United States, with Great Britain, France, Sweden, Denmark, Prussia, the Hanseatic League, Colombia, and Central America; and an expectation was entertained, that the mu tual abolition of discriminating duties, a maxim which prevails in all these treaties, would finally be adopted by other nations. A por. tion of the claims on Denmark, had been adjusted, and an assurance given, as to the equitable consideration of the remainder. cise of a constitutional power, intended to protect the great interests of the country from the hostile legislation of foreign countries, would never be abandoned. The condition of the Indian population within the United States, was mentioned as requiring the particular attention of the legislature. The systematic policy of the government, in fortifying the sea coast; in improving the internal commu The receipts during the year 1828, amounted to $24,094,864 ; nearly two millions more than the estimates in the last message. The expenditures amounted to nications of the country; in increas$25,637,512. The revenue of the year 1829, was estimated to be at least equal to that of the year 1828; and the public debt, which, at the commencement of the latter year, amounted to $67,413,378 On the first of January, 1829, amounted to $58,362,136 The expenditures of the post-office department, during the year 1828, exceeded the revenue about $25,000, which was caused by a great increase of mail routes. The increase in that department since 1792, had been from 5,642 miles of post roads, and $67,000 revenue, to 114,536 miles of post roads, and $1,598,000 revenue, in 1828. The operation of the tariff, was then adverted to; and while its effects upon the different local interests of the United States, were recommended to the deliberate consideration of congress; a strong hope was expressed, that the exer ing the navy; and in improving the character of the army, by educa. ting officers at the public expense, was approved of as beneficial in its operation upon the interests of the union. Congress was also reminded of the necessity of making provision for taking the fourth census of the inhabitants of the United States; and of the propriety of providing for an enumeration of its inhabitants, classed according to their ages, in intervals of ten years each class. The president concluded, by assuring congress of his continued earnest wish for the adoption of the measures formerly recommended by him; and of his cordial concurrence in every constitutional provision, which may be presented to him, tending to the general welfare. Congress appeared inclined, this session, to provide only for the necessities of the government. The term of the existing administration was too short to allow it to do more than to bring its affairs to a close; and the views and policy of the succeeding administration, were not yet developed. Certain measures, however, affecting the navigating interest, were urged upon the consideration of congress; and the policy of some of these, was too obvious to be over. looked by that body, which certain. ly had not, of late, manifested a very ardent affection for that branch of national industry, or even becoming regard for so efficient an arm of national defence. The first of these propositions, was a bill extending the term within which goods may be exported, with the benefit of drawback, without any deduction. When this bill was read a third time, December 11th, Mr. Wickliffe objected to its passage. To the extension of time he saw no valid objection, but the repay. ing the whole duty was an innova. tion upon the established revenue system. Two and a half per cent. had been usually retained on the amount of debentures, and this deduction had yielded annually about $150,000. The law proposes to repeal this part of the revenue system, and to allow, in effect, all goods imported into the United States in quest of a market, to be exported without the government deriving any revenue there. from. He thought the beneficial effects of this law would be felt chiefly by the foreign merchant and manufacturer, and he should oppose it. Mr. Cambreleng replied, that the two and a half per cent. deduction was not levied for the purposes of revenue. It had never been contemplated to derive a revenue from the transit trade; but this deduction was made with the view of indemnifying the government, for the incidental expenses of warehousing merchandise intended for exportation. The deduction originally was one per cent. on the small rate of duties then imposed. It was afterwards increased to cover the expense of the stamp, when the stamp act was passed. The duties have been since increased, until the deduction is sixteen times the amount originally contemplated, while the expenses have actually lessened. There was no reason for retaining this provision in our revenue system. All the expenses, and custom-house fees, must be paid, independent of this deduction, before the goods can be taken out of the possession of the officers of the customs. No other commercial nation had made such a deduction, except in lieu of all incidental expenses. The sole object of the bill was to place our trade on the same liberal footing, that the trade of other nations enjoyed. The continuance of this deduction would operate as |