DEC. 2, 1833.] Rhode Island Election. [SENATE. elected, but prematurely. Were members to acknow- evidence of having been elected should be permitted to ledge the right of Rhode Island to decide upon this sub- sit; the matter was then referred to a committee, upon ject or not? If they did not, there was nothing to pre-whose report the Senate acted and decided. He thought vent Mr. ROBBINS from taking his seat amongst them. that in this case one of the parties ought to be permitted He (Mr. B.) never expected that a contested election to sit. It would be immaterial, then, whether the Senate could have made its way into the House. Had he to make proceeded at once to act on the prima facie evidence itself, a rule-to begin again de novo-he would propose that or referred the subject, as usual, to a committee; the neither gentleman should be elected until the matter had latter, however, was the customary mode of procedure. been decided. Mr. Lanman's case had been cited, but it The whole question then was, is there any prima facie was totally different from the one before the House. The evidence? That there was such evidence, was, in his Governor had thought fit to appoint Mr. Lanman to a va- opinion, perfectly clear. What was the action in ordinary cancy which would occur, not one which had occurred. cases? A certificate was received from a State declaring His (the Governor's) act was consequently declared void. a certain party duly elected. Why was that certificate He (Mr. B.) hoped that those who voted upon the pre-received as evidence of the fact? Because there were sent, should not be considered disqualified to express their certain seals appended thereto, expressly designed to auopinion upon any subsequent occasion. thenticate whatever they were attached to. Those seals were appended to the credentials in this case. tion was stated to have taken place in the usual time and manner of elections for Senators in Rhode Island. On the face of the election, it was a good one. The elec Mr. BENTON little expected to hear such a debate as that to which he had just listened. He knew something, it is true, of the matter from current report, but had not looked deeply into it, and did not expect to have been called upon to-day to say a single word upon the subject. The view taken of the matter by one of the Senators Yet the whole had been gone into, and members had re- from Kentucky appeared to him unanswerable: that if the fused to permit the matter to lie over even for a few days. Senate had sat after the 5th of March, there could have He had little regard for precedents; no man, in fact, de- been no dispute on the subject. What, he would ask, spised them more than himself; he considered that they was prima facie evidence? It was evidence being what it were the bane of this country and England; but that if purports to be. The credentials in this case were of that ever there was a precedent, the case of Mr. Lanman was character. The Legislature of Rhode Island had endear one as connected with the subject before the House. vored to avoid this. But though he thought that LegisMr. B. continued, and contended that from the circum-lature was not the proper tribunal to adjudicate this stances attending this election, they were called upon to matter, he could not agree, if the Senate should think suspend their decision until the facts of the case were that Mr. ROBBINS had not a right to a seat on that floor, more fully explained and known. The Legislature had that from thence it must necessarily follow that Mr. POTseveral times refused to go into an election, and yet, at ER's election was not good. If the Senate, on examinalast, with the knowledge that there would be a change tion, should be of opinion that the first election was void, he of parties, had gone into the election. Putting, then, could not see why the Legislature of Rhode Island, who these decisions against their own power, together with the had acted on the same opinion, should not be sustained in solemn decision against it, which they had heard, were their election of Mr. POTTER. As to the question of they not to wait one day--would there not another sun prima facie evidence, however, there could be no dispute. rise upon them-would they not wait until to-morrow, to He believed, from the plain language of the constitution, find out what were really the facts of the case? He hoped that Rhode Island had not a right to act definitively on the that he knew his place too well to read as authority what matter; if she did so, it was at her peril. Her legislawas not properly such to the Senate; but, with that paper tion had no weight with them; but if subsequent events which he held in his hand, he would undertake to suppose should sustain her in the course she had pursued in prothat the facts were as he had stated. Would they not al-nouncing the first election void, he thought it did not follow themselves till to-morrow to ascertain if they were low that the person last elected should not take his seat. so or not? Doubtless, his supposition might be injurious Mr. M. said, he regretted that it had been thought necesto one or both sides, and he had not had the most remote sary then to enter into the subject, with such an imperfect idea of expressing these opinions; nor should he have and mangled view of facts before them. He was indifdone so, had he not been driven into it by the course which ferent whether the matter was referred to the usual comthings had taken. Mr. B. concluded by moving that a mittee, or to a select committee. Whatever might be his select committee of five be appointed to investigate the personal feelings on the subject, they would have no inmatter, and report upon it to the Senate. He would fur-fluence on his determination. The whole matter in dispute ther ask not to be appointed a member of such committee, was as to the organization of the body; and there was high having expressed the opinions he had done upon the case. Mr. MANGUM inquired if the motion was in order? The PRESIDENT pro tem. decided that it was. Mr. POINDEXTER wished to be informed if the motion of the Senator from Missouri [Mr. BENTON] included an investigation into the credentials of Mr. POTTER as well as those of Mr. ROBBINS? Mr. BENTON replied in the affirmative. Mr. POINDEXTER said he should conceive, then, that the motion was not order, inasmuch as the credentials of Mr. POTTER had already been laid upon the table. authority for believing that it was properly organized. He thought that they ought to consider the first certificate as good until they had further evidence. Mr. POINDEXTER observed, that he had a few words to say in regard to the constitution of the United States. It gave the Senate power to judge with regard to the election of its own members. The State Legislatures were incompetent to decide. When testimony had been given that the Legislature had previously elected a Senator, until there was some action of the Senate on the certificate there was nothing further subject to the Legislature; their power was spent, and to resuscitate it required the action Mr. MANGUM wished briefly to express his opinion on of the Senate of the United States. He concurred with the subject before the Senate. Much had been said as to the Senator from Kentucky, that any act of the Legisla the disrespect which would be shown to Rhode Island, if tures, till the United States' Senate had decided, was nugaeither Senator were permitted to sit; or, if they would tory. Two gentlemen had been presented for a seat not permit the Senator who presented his credentials last in the Senate; one had been chosen; his credentials had session to sit. Whenever, on an election, the question had been received and put on the journals of the Senate; a presented itself as to which of two or more had the right change of politics had taken place in the State; a new to sit, usage had been that he who produced prima facie trial had been made, and a verdict obtained to set aside SENATE.] Government Deposites.-Rhode Island Senators. [DEC. 3, 4, 1833. the preceding election. If such a course of things were and none more than himself. In the course of it, a pespermitted, there would be no end to the mischief it would tilential disease had traversed his neighborhood, and swept occasion; every fluctuation in the state of parties might off many valuable citizens, among whom he numbered produce a new Senator: if we receive one, the Legislature some of his oldest friends and acquaintances. So it had may vacate his seat, and another, and another, without been in other parts of the country; but, amidst all this end. The rule was founded on common sense, that when desolation, there had occurred no instance of individual a Legislature had acted, its power was spent, and not re- loss more afflicting to him, nor more to be lamented on suscitated till the Senate had declared that act null and the public account, than that of the Senator from Louivoid. [Here Mr. P. read the constitution on the subject.] siana. He made a supposition, that a Senator had been elected With feelings oppressed with pain, he rose to ask the under thirty years of age, contrary to the constitution; and Senate to adopt a resolution similar to that which had just asked whether in that case it would be competent for the been agreed to, in reference to the late Senator JOHNSTON. Legislature to vacate the seat? The proper course would No man in the country had attended more ardently and be to memorialize the United States' Senate, stating that more faithfully to his public duties, or had brought to the member elect was in his political minority; and when their discharge a more clear, enlightened, and determined the Senate had determined the question, let them declare judgment. No man ever more happily united blandness so, and notify the Legislature to make a new appointment. and affability with firmness and decision. None could be Or, if the Senator elect had not been nine years a citizen more true and faithful to friends, nor more courteous and of the United States, or was not a citizen of the State, respectful towards opponents. This expression, he hoped, but should present his credentials in due form of law, would be permitted from a heart which had bled profusely could the Senate refuse to administer the oath, because a when the tidings of this afflicting event reached hirm, subsequent Legislature had determined that he was not amidst the wrecks which the pestilence had scattered qualified? The member whose credentials had been around him. brought forward and accepted was the sitting member, even admitting that he were under thirty, or not a citizen of the State, till the Senate had determined these points; they were subjects of investigation, and it was right that | they should be investigated; but, till that was done, there was no power to deprive him of his seat; it was not even in the power of the Senate to take his seat from him. He thought it unnecessary to inquire into his legal right to his seat, till a committee should report; and then, if it appeared that the member was improperly chosen, he should vote that his seat should be vacated. Mr. CHAMBERS moved to lay the motion on the table; but, after remarks and inquiries by several Senators, he withdrew his motion. The question was then taken on Mr. BENTON's motion to refer the whole subject to a special committee, and decided in the negative, as follows: He had not expected to be called on to offer this resolution, but he trusted that it would be received, and unanimously agreed to. Mr. C. then submitted his resolution, which was unan. imously agreed to. On motion of Mr. KING, Resolved, That a message be sent to the House of Representatives to inform that body that a quorum of the Senate has assembled, and that they are ready to proceed to business. On motion of Mr. GRUNDY, Resolved, 'That a committee be appointed by the Senate, to join such committee as may be appointed by the House of Representatives, to wait on the President of the United States, and inform him that Congress have assembled, and are ready to receive any communication he may be pleased to make. YEAS-Messrs. Benton, Brown, Grundy, Hill, Kane, On motion of Mr. KNIGHT, the usual resolution order. King, Morris, Rives, Robinson, Shepley, Tallmadge, Tip-ing the Senators to be furnished with the customary supton, White, Wilkins, Wright--15. NAYS-Messrs. Bell, Bibb, Chambers, Clay, Ewing, The question was then taken on the motion of Mr. ply of newspapers was adopted. TUESDAY, DECEMBER 3. The annual message was received from the President of the United States, by Mr. A. J. Donelson, his Secretary; which having been read, 5,000 extra copies of the message, and 1,500 of the accompanying documents, Mr. BENTON, of Missouri, submitted a resolution pro-were ordered to be printed for the use of the Senate. posing the usual mourning in honor of the memory of Hon. R. A. BUCKNER, late a Senator from Missouri; which was read and agreed to. Adjourned. WEDNESDAY, DECEMBER 4. The CHAIR laid before the Senate a report from the Secretary of the Treasury concerning the removal of the public deposites from the United States Bank and its branches. [See Appendix.] Mr. CLAY then rose and said, that the adoption of this resolution reminded him of a severe loss which the public and he himself had sustained since the last session, and concerning which he did not now deem himself qualified to speak. He felt regret that the gentleman had not been able yet to take his seat, on whom it would more properly have devolved to submit the motion which he now proposed On motion of Mr. GRUNDY, 5,000 copies of the report, to offer. He desired to call the attention of the Senate to and 1,500 copies of the documents, were ordered to be the melancholy death of a member of this body, who had printed. been summoned away since they last met together, under RHODE ISLAND SENATORS. circumstances of the most distressing nature. He was a Mr. S. WRIGHT offered the following resolution: man who possessed the rare quality of making a favorable Resolved, That the proceedings of the Legislature of impression on all persons who knew him, and who the State of Rhode Island, now upon the table of the never failed, on acquaintance, to conciliate the esteem Senate, showing the appointment of ELISHA R. POTTER as both of friends and of opponents; for whenever he fought, a Senator to represent that State in the Senate of the he fought manfully, but always afterwards cherished the United States, be referred to a select committee of five kindest feelings towards those who had been his adversa- Senators, to inquire and report upon the claim of the said ries. During the last summer, perhaps all the members ELISHA R. POTTER to the seat in the Senate now occupied of the Senate had had reason to regret some bereavements, by the Hon. ASHER ROBBINS. Mr. WRIGHT said he was not sufficiently conversant with the rules of the Senate to determine if the resolution was required to lie for a day on the table, or whether it would now be taken up for consideration. The CHAIR replied that it was the usual practice of the Senate for resolutions to lie over for a day; but, as this resolution had reference to papers which were lying on the table of the Senate, he considered that it did not come within the rule, and that it would come up now for consideration. [SENATE. Mr. CLAY rejoined. He was a matter-of-fact man; and he preferred to guide himself by facts, rather than by mere speculative lights. The Chair had stated that it had been customary for him to appoint both the standing and the select committees. He was unwilling to protract discussion; and if the gentleman who had submitted the resolution would agree so to modify its phraseology, as to make it requisite that the committee should be elected by the Senate, he would withdraw his objection to its immediate consideration. Mr. CLAY then expressed a hope that the resolution Mr. WRIGHT said, that when he had offered his resolushould lie on the table until to-morrow. He adverted to tion, he expected that the committee would be appointed the rule of the Senate which required that the appoint- by the Senate; and, if the gentleman from Kentucky ment of committees should be made by the President of would make an insertion of the amendment to that effect, the Senate. That officer was not now in the chair. He he would pledge himself to make no objection to it. He had no doubt that good reasons could be shown for his had no desire to be a member of the committee, for it absence. But a time might come when the Senate might must be obvious to every gentleman that the investigation be deprived of the proper appointment of their commit- would be of a very unpleasant character. tees, by the intentional absence of the Vice President, Mr. CLAY declined putting his suggestion in the shape and the devolvement of this important duty on his tempo- of an amendment; but, if the mover would modify his rary substitute. He did not know that there was any such resolution, he would no longer object to its being taken intention in the present instance; but, if it were permit-up and acted on. ted to grow into a practice to appoint the committees in the absence. of the Vice President, the exception might become the rule, and the rule the exception. Unless the The PRESIDENT pro tem. corrected the construction of President of the Senate should arrive shortly, the duty of the rule made by the Senator from Alabama. The rule appointing the standing committees would devolve on the had been changed, and no distinction was made between gentleman who is the temporary occupant of the chair. the appointment of the standing and the select comThis was a consideration of great importance; and al- mittees. On this principle the Chair had acted during though he had as much confidence in that gentleman as the last session. Mr. WRIGHT said he had no objection to make the modification. in any other who would fill the chair, there might be Mr. WRIGHT then again rose, and said he desired it to some cases in which his fitness for the duties imposed on be understood that he had not intended to change the form him might not be equal to that of the Vice President him- of the resolution himself; but if an amendment should be self. But, in the present case, he thought that the Se-moved, he would not object to it. THURSDAY, DECEMBER 5. nate ought to appoint the committees themselves. This Mr. CLAY then moved to lay the resolution on the was due to the dignity of the State of Rhode Island her- table, which was agreed to without a division. self, as well as to the intrinsic importance of a case involving a contested election. Some reflection on the subject was certainly necessary, and he wished the resolution to lie on the table until to-morrow, till the proper course of proceeding should be determined. He then moved to lay the resolution on the table, but withdrew the motion at the instance of VETO OF THE LAND BILL. A message was received from the President of the United States, enclosing a communication of the reasons which had induced him to refuse his assent to the bill of the last session, authorizing an appropriation, for a limited time, of the proceeds of the public lands. [See Appendix.] The message having been read, Mr. KING, of Alabama, who stated that the Senator from Kentucky had mistaken the operation of the rule. The select committees were not appointed by the presiding officer, but were elected by the Senate, unless Mr. CLAY rose and stated that this measure had been otherwise ordered by unanimous consent. In reference first introduced into Congress at the session before the to the appointment of the standing committees, if any evil last, under circumstances which must be within the recolwas likely to arise from the absence of the Vice President, lection of every member of the Senate. Its object was to the Senator from Kentucky could hereafter take any dispose of the proceeds of the public lands for a limited course he pleased. In this instance, however, the com-time. The subject had been greatly discussed, not only mittee would be created by election of the Senate, and in Congress, but throughout the country. The principles therefore the objection of the gentleman would not apply. and provisions of the bill were well and generally underIt was important that the Senate should act immediately stood. The subject had attracted the attention of the in reference to the State of South Carolina-he begged Chief Magistrate himself, and this bill was made the subpardon, he meant Rhode Island. Mr. SPRAGUE asked for the reading of the rule of the Senate which prescribes that the appointment of the committees shall be made by the President, and remarked that, as the language was general, unless the rule had been altered by some subsequent action of the Senate, the appointment of this committee would be made by the presiding officer. He knew that it had been a practice for the Senate to elect select committees when the President was in the chair. The PRESIDENT pro tem. stated that it had been the practice, since he had occupied the chair, to make no distinction between the modes of appointing the standing and the select committees. Both had been appointed by the : Chair. Mr. KING made a brief reply concerning the practice of the Senate, with a view to sustain his former view. ject of commentary in his message at the commencement of the last session of Congress. It must, therefore, be considered as a subject perfectly well understood by the President; for it was not to be supposed that he would have commented upon it, and recommended it to the attention of Congress, if it had not been understood. During the last session, this bill, which had previously been before the House, was introduced in this body, and was passed, and sent to the other House, whence it was returned with a slight amendment, taking away the discretion which had been vested in the State Legislatures as to the disposal of the proceeds. This bill, which had been before Congress the session before the last, which had passed at the last session, having been before the country for a whole year when it passed the two Houses, was placed before the Executive, with a number of other measures, just before the close of the last Congress. As the subject had been be SENATE.] Veto of the Land Bill. [DEC. 5, 1833. fore the President for consideration so long previous to and the President had sent his reasons here without inthe passage of the bill, and he had reflected upon it, it tending that there should be any reply to them. The was not to have been expected that he would take advan-paper, therefore, was sent out of time, like many other tage of the shortness of the session to retain the bill until papers which had been sent to the Senate from the same this time. Yet such had been the fact, and, a proceeding quarter, since he (Mr. P.) had been there; and it was had taken place which was unprecedented and alarming, not competent to the Senate to take any course respectand which, unless the people of this country were lost to ing it. It was a message to the people, through the Senall sense of what was due to the legislative branch of the ate; and that he presumed was the impression of the genGovernment, to themselves, and to those principles of tleman from Alabama, when he expressed a wish for the liberty which had been transmitted to them from the re-printing of an extraordinary number. If the bill had bevolution, they would not tolerate. It was at least due to come a law, no action of the Senate could annul it; if not, the Legislature that the President should have sent a few they could do nothing to make it so. He was against conlines, courteously informing them that, when his own mind sidering it now, or at any time. was made up, he would communicate the result. But, Mr. BENTON expressed a hope that he might be perwithout deigning to make known his intention, or to im-mitted to take as wide a range as the gentleman from part the reasons which influenced him, he despotically Mississippi. He wished to ask the Secretary to turn to kept silence, and retained the bill. Mr. C. begged leave the journal, and inform him on what day of the last sesto congratulate the Senate on the return of the bill. The sion the bill was sent to the President. [The Secretary, question which now presented itself was, whether the bill having referred to the journal, replied, that it was sent was dead, in consequence of the non-action of the Presi- to him on the 2d of March.] He wished the Senate to dent, or whether it had become an existing law. He was bear in mind that, as the 3d of March fell on a Sunday, not now about to discuss that question; but he had felt the 2d was, in fact, the last day of the session. He ther himself called on to make a few observations on this ex-asked if there was not an ancient rule of Congress that traordinary course, and to say that it was due to Congress, prohibited the sending a bill to the President on the last to the people, and to the Executive himself, to have in- day of the session? [Mr. KING answered that there was.] formed the last Congress in reference to this subject, con- He then inquired if the sending of the bill on the 2d cerning which he must have made up his mind. He would of March, last session, was not a violation of this rule? now move to lay this bill on the table, and would after-There was a precipitation and haste at the close of the wards give notice of a day when he should ask leave to session, which prevented not only the President, but the bring in a bill in order to submit it again to the action of members themselves, from knowing precisely what they were doing. The rule to which he had adverted was Mr. KANE wished to know if it was the intention of set aside last session, and all the evils which accompany the Senator from Kentucky that the bill should lie perma- precipitation were the consequence. There were 142 nently on the table, or only to be called up at an early day. the Senate. Mr. CLAY replied that the only alternative was to consider the bill as defunct, or as an existing law. If the gentleman from Illinois could point out any other course, he had read some clause in the constitution which he (Mr. C.) had never yet been so fortunate as to find. Mr. BENTON said he would wish to make a remark; and, if he was precluded by the pressing of this question, he would find some other opportunity of making it. The question was then taken on the motion to lay the bill upon the table, and decided in the affirmative-Ayes 19. Mr. BENTON then moved to take up the message for consideration. Mr. MOORE said he thought that the Senator from Missouri would have another opportunity of offering what he wished to say; and he was himself desirous to move the printing of an extra number of the Message. acts put on the statute book last session. The 53d of these acts was signed on the 2d of March. So that there were about 90 acts signed on the last day of the session, and thus a mass of business was thrown on the President, which it was almost impossible to perform. And now the people were called on to revolt, and denunciations had gone forth that, if the people would put up with this, they would put up with any thing, because the President, in addition to all this mass of business, did not, on that day, write the paper which had now been read, and send the bill back. And this declaration was made in the presence of members who knew that it sometimes took them months to prepare a speech for the press, with the help of the note-takers and the speakers themselves, and all that were concerned. Yet the people were called on to revolt against the President for not preparing this paper in addition to all the legislative and executive business which pressed on him in the last few hours of the session. He had risen not only to defend the President, but to claim for him the approbation of all reflecting persons, for retaining the bill until he could have sufficient time to examine it, and prepare his reasons for objecting to it. Mr. POINDEXTER said he should have no objection Certainly, as far as he knew, the President had made up to vote for the motion, if he knew what was to be consid- his mind at once in opposition to the bill, but no human ered. If the gentleman would show that there could hands could have written out the document itself. It be any action on the subject, he would agree. This was had been found necessary to make several hundred reone of the acts of the Executive which was out of order. ferences, all requiring extensive examination; but, leavHe had sent to the Senate his constitutional objections ing out all these, there was not time left even for the to a bill which had become defunct by the expiration of writing. He could not have gone through the mere manthe last Congress. It was a document intended not for ual labor. A great state paper was to be laid before the the Senate, but through that body to give to the people people; and the President was right to take time for rethe reasons by which he had been influenced. There flection, and not throw back the bill instanter, as if he could be no action on the subject by the Senate. The kicked it back in their faces, as much as to say that they constitution prescribes that, when a bill was returned by had acted precipitately in their legislation. He repeated, the President, the ayes and noes should be taken, and if that the President had acted in the manner most respecttwo-thirds of both Houses should vote for its passage, it ful to the Legislature. He had examined the subject, and should become a law, the President's objections to the had now, as explicitly as possible, said that he had contrary notwithstanding. But it was necessary that the weighed all the reasons which had been advanced in fabill should be returned to the Congress by which it was vor of the bill, and all the counteracting reasons which passed. There could now be no action on the subject; had operated upon him. Mr. BENTON said that a shameful and unfounded attack had been made on the President, and he wished to repel it. Dec. 5, 1833.] Veto of the Land Bill. [SENATE. He had risen to defend the President from what he con- to communicate to Congress what disposition he had made, sidered an unjustifiable and violent assault made upon or meant to make, of it, he permitted the body to rise in him for doing what was his duty. As to the bill itself, utter ignorance of his intentions. seeing the manner in which the Western elections had It may be true that there was a great press of business terminated, he was ready to meet it in any form. He on the President on the 2d of March, and that he may entirely concurred in the suggestion for the printing of an extra number of the message. have acted upon some ninety or one hundred bills. But this is what occurs with every President on the day before Mr. CLAY said he did not rise to reply to any one the termination of the short session of Congress. With who had felt himself called upon to rise in the Senate to most of those bills the President must have been less acvindicate the President. If there were any such member, quainted than he was with the land bill. Of some of he did not wish to disturb him in his office of vindicator them he probably had never heard at all. Not one of of the President, or to affect the complacency with them possessed the importance of the land bill. How which he might regard his vindication. But he (Mr. C.) did it happen that the President could find time to decide stood here to sustain his own course, to vindicate the on so many new bills, and yet had not time to examine constitution, and to vindicate the rights of Congress un- and dispose of one which had long been before him and der it. And he must repeat, that the withholding of the the public; one embracing a subject which he thought the land bill, at the last session, under all the circumstances union, harmony, and interest of the States required should of the case, was a violation of the constitution, and be speedily adjusted; one which he himself had pronoundisrespectful to the Senate. What were the circum-ced his judgment upon at the commencement of this sesstances? sion? By withholding the bill, the President took upon At two different sessions of Congress, the land subject himself a responsibility beyond the exercise of the veto. was before it. At that which preceded the last, a bill He deprived Congress altogether of its constitutional had been introduced to distribute among the States the right to act upon the bill, and to pass it, his negative notproceeds of the public lands. The whole subject, by withstanding. the bill and by reports of committees, was laid before The President is, by the constitution, secured time to Congress and spread before the country. A copy of the consider bills which shall have passed both branches of bill, when it was first introduced, according to the con- Congress. But so is Congress equally secured the right stant practice of Congress, was sent to the President. to act upon bills which they have passed, and which the He was thus, as well as the country generally, put in President may have thought proper to reject. If he exentire possession of the matter. It attracted great pub-ercises his veto, and returns the bill, two-thirds may pass lic attention. It engaged that of the President. And, it. But if he withholds the bill, it cannot become a law, accordingly, at the commencement of the last session, in even although the two Houses should be unanimously in his annual message, he adverted to it, in a manner which its favor. evidently showed that the writer of the message fully Mr. C. denied that the constitution gave to the Preunderstood it, and all the views which had been develop-sident ten days to consider bills, except at the long ed about it. session. At that session, the period of its termination is [Here Mr. C. read the message of the last session, uncertain, and dependent upon the will of Congress. To so far as it related to the public lands, to show that the guard against a sudden adjournment, by which the PresiPresident had himself invited the attention of Congress dent might be deprived of due time to deliberate on to it, as one of urgent and pressing importance; that an important bill, the constitution provides for ten days at the discretion of Congress to make any disposition of the that session. But, at the short session, it is not an adjournpublic lands, which they might deem best for the har- ment, but a dissolution of Congress, on the 3d of March; mony, union, and interest of the United States, was un- and the day of that dissolution is fixed in the constitution controlled; that the question ought speedily to be set- itself, and known to all. tled; and that the President had considered, but objected Mr. C. contended, therefore, that the act of withto the bill of the previous session, proposing, as a sub-holding the bill was arbitrary and unconstitutional; by stitute, a plan of his own, which, whilst the message on which Congress, and the Senate especially, in which the the table argued that the public lands belonged to all bill originated, were deprived of their constitutional right the States, proposed to give the unsold lands to some of of passing on the bill, after the President had exercised them.] his powers. Respect to Congress required of the Presi Thus was Congress, at the commencement of the last dent, if he really had not time to form a judgment on the session, officially invited to act, and to act speedily, re- bill, or, having formed it, had not time to lay his reasons specting the public lands; and thus did the President before the body, a communication to that effect. But, manifest his knowledge of the provisions of the bill of without condescending to transmit one word upon the the previous session. Well, sir, (said Mr. C.) Congress subject to Congress, he suffered the session to terminate, again took up the question. The identical bill of the and the members to go home destitute of all information, previous session was again introduced, and again, prior until this day, of his intentions. to its passage, placed before the President, along with Mr. BENTON said that no quorum sat, in either House, the other printed documents, according to standing on the evening after the day on which the bill was sent usage. And it was passed by both Houses, substantially to the President. in the shape in which at the previous session it was passed The message was then laid on the table, when Mr. MOORE moved that 5,000 extra copies of the message be printed for the use of the Senate; which motion was adopted. Mr. CLAY gave notice that he should ask leave, on Tuesday, to introduce a bill for the distribution of the proceeds of the sales of the public lands for a limited time, and for other purposes. In this form the bill was laid before the President on the 2d day of March last. It was no stranger, but an old acquaintance. He had seen it repeatedly before; and he Mr. CALHOUN gave notice that he should, on Tuesmust have been well informed as to its progress in Con-day, ask leave to introduce a bill for the repeal of the act gress. He had commented on the very project contained of last session in amendment to the several acts providing in the bill, when he had brought forward his own, in his for the collection of the public revenue, (commonly called message, at the opening of the session. Without deigning the force bill.) VOL. X.-2 |