SENATE.]

Fortification Bill-Extra Appropriation.

[MARCH, 1835.

reporters entered the gallery, they found that a | will venture to gainsay it. Yet the extent to message had been received from the House by which such armament should be carried must, the Senate, while in secret session, announcing from the very necessity of the case, be left to that the House insisted on its amendment, pro- the sound discretion of the President. From posing to place three millions at the disposal of the position he occupies, no one can be so comthe President. Before it was known that the petent to form a correct judgment, and he could doors had been opened, it appeared that this not, if he would, apply the money to other message of the House had been taken up, that objects than the defences of the country. Mr. WEBSTER had moved that the Senate adhere to its disagreement to the appropriation, and had followed his motion with a speech of uncommon animation and earnestness in its support. This speech he was just concluding when the reporters re-entered the gallery.]

Mr. POINDEXTER said he should vote to adhere. He was not for temporizing with such a proposition as that under consideration. For five years he had stood on the floor of that Senate to defend, to the best of his poor ability and judgment, that glorious constitution which had been handed down to them by the wise and enlightened patriots who framed it. And he thanked God that the last vote he should perhaps ever give here, would be recorded in defence of the charter of our liberties-the Constitution of the United States. Ever since he had had the honor of a seat in that Senate, he had seen power progressively increasing, marching on, step by step, approximating to supreme authority in one hand. Who had ever heard of such a monstrous proposition? It was without precedent, was never before heard of; and he (Mr. P.) would venture to say that, within six country into a state of hostility with France. That he would do so, he (Mr. P.) did not know, for he could not say what his action would be; but most unquestionably he would have the power to bring upon the country such a calamity, if this appropriation were to pass the Senate.

Mr. KING, of Alabama, said he very much regretted that the Senator from Massachusetts should have made such a motion; it had seldom or never been resorted to until other and more gentle means had failed to produce a unity of action between the two Houses. At this stage of the proceding it would be considered (and justly) harsh in its character; and, he had no doubt, if sanctioned by the Senate, would greatly exasperate the other House, and probably endanger the passage of the bill altogether. Are gentlemen, said Mr. K., prepared for this? Will they, at this particular juncture, in the present condition of things, take upon them-months, the Chief Magistrate could plunge this selves such a fearful responsibility as the rejection of this bill might involve? For himself, if your forts are to be left unarmed, your ships unrepaired and out of commission, and your whole seacoast exposed without defences of any kind, the responsibility should not rest upon his shoulders. It is as well, said Mr. K., to speak plainly on this subject. Our position with regard to France was known to all who heard him to be of such a character as would not, in his opinion, justify prudent men, men who look to the preservation of the rights and the honor of the nation, in withholding the means, the most ample means, to maintain those rights and preserve unimpaired that honor.

Mr. LEIGH said he was really at a loss to perceive how this indefinite appropriation of millions was to be justified by any thing that had been done during the administration of Mr. Jefferson. Would the Senator from Alabama (Mr. KING) be good enough to hint to him the occasion on which millions had been placed by Congress at the uncontrolled disposal of Presi

of Mr. Jefferson, to enable him to take such measures as he might deem necessary in order to secure Florida; and secret agents were appointed to carry the object into effect.]

During the whole period of the administra-dent Jefferson? tions of General Washington and the elder [Mr. KING explained that a very large approAdams, all appropriations were general, apply-priation was made during the administration ing a gross sum for the expenditure of the different departments of the Government, under the direction of the President; and it was not till Mr. Jefferson came into office, that, at his recommendation, specific appropriations were Mr. LEIGH resumed: he remembered very adopted. Was the constitution violated, broken well that there was made, in secret session, an down, and destroyed, under the administration appropriation of $2,000,000, in order to enable of the Father of his Country? Or did the for- Mr. Jefferson to open a negotiation for the pur tress to which the Senator from Massachusetts, chase of Florida; and he, instead of making on this occasion, clings so fondly, tumble into the purchase at that time, negotiated the purruin, when millions were placed in the hands of chase of Louisiana, without employing a dollar Mr. Jefferson himself, to be disposed of for a of the money thus appropriated. That was the designated object, but, in every thing else, sub-case to which he (Mr. L.) supposed the gentleject to his unlimited discretion? No, said Mr. K., our liberties remained unimpaired; and, he trusted in God, would so remain for centuries yet to come. He put it to Senators to say whether, in a possible contingency, which all would understand, our forts should not be armed, or ships put in commission? None

man alluded. He would take upon himself to affirm that no instance could be found, either during the administration of Mr. Jefferson or of any other President, of an appropriation having been made which bore the least resemblance to this; but he did not rise for the purpose of making that single remark-his

MARCH, 1835.]

Fortification Bill-Extra Appropriation.

[SENATE.

the honorable member. He desired to know whether he meant any thing by those remarks. He felt that his public situation entitled him to a direct answer; and he asked the honorable member, therefore, to say, explicitly, whether he had intended to insinuate, in any manner or degree, that his (Mr. W.'s) conduct, during that war, manifested any want of disposition to repel the public enemy?

object being to make two others. The first one | him at once to come to an understanding with was, that the argument addressed to that Senate by the Senator from Alabama was precisely, in so many words, the argument that was once addressed to the Senate and people of Rome, as a reason for the appointment of a Dictator, namely that, in times of excitement and difficulty, it was absolutely necessary that the whole powers of the Government should be placed in the hands of one man! Give the Chief Magistrate this appropriation, (said Mr. L.,) and you establish the office of Dictator.

Mr. WRIGHT said, in reply, that it was not till after that period that he had become acquainted with the Senator from Massachusetts, in his public character, and therefore could have had no such intention.

The question was taken on adhering, and decided as follows:

Mr. WRIGHT hoped the Senate would not adhere to their disagreement. He felt himself bound to state that he did not know but that he had heard of the constitution being broken down, destroyed, and the liberties of the coun- | try overthrown, so frequently in that Senate, as YEAS. Messrs. Bell, Bibb, Calhoun, Clay, Clayto render him callous to the real state of things. ton, Ewing, Frelinghuysen, Goldsborough, Hendricks, For the last sixteen months those fears and fore- Kent, Knight, Leigh, Mangum, Moore, Naudain, bodings had been so strongly and often ex-Poindexter, Porter, Prentiss, Preston, Robbins, Silspressed on that floor, that they had been forci- bee, Smith, Southard, Swift, Tomlinson, Tyler, Wagbly impressed upon him; yet, he must say that gaman, Webster, White-29. he was incapable of perceiving a particle of their effects. No evidence had he seen of them; nor could he now partake of the alarm which some gentlemen pretended to feel, when he saw that the asseverations made at this time came from the same source. What had the Senate now before it? A bill from the House of Representatives from the immediate representatives of the people, proposing to provide for the defence of the country. What had honorable Senators debated? The danger of executive power. Were, he would ask, those representatives sitting at the other end of that Capitol the most likely to contribute to that danger? Was that the source from which Senators were com

pelled to look for danger in that respect? Such

Under

an idea had never occurred to his mind.
what circumstances did the members of the
other body present the appropriation? He
believed, and he spoke on good authority, that
our minister at the court of France had informed
this Government that it was problematical that
the French might strike the first blow against
us, by detaining our fleet now in the Mediterra-
nean. Congress were on the point of adjourn-
ing; and, being in possession of such advices
from our minister, they had thought proper
act as they had done in regard to this appropri-
ation. And he would inquire, by what notion
it was that the Senate were to be impressed
with the danger of putting this power into the
hands of the Executive-that our liberties were
to be destroyed and the constitution trampled
upon? Ay, in making an appropriation for the
defence and safety of the country from a foreign
enemy?

to

Mr. WEBSTER said he had heard the gentleman from New York make an allusion to a particular part of the country, during the war with England, as being more fearful of domestic than of foreign enemies. It was necessary for

NAYS.-Messrs. Renton, Brown, Buchanan, Cuthbert, Grundy, Hill, Kane, King of Alabama, King of Georgia, Linn, McKean, Ruggles, Robinson, Shepley, Tallmadge, Tipton, Wright-17.

The House further insisted, and asked a conference; which being immediately granted by the Senate, Messrs. WEBSTER, FRELINGHUYSEN, and WRIGHT, were appointed conferees on the part of the Senate.

Shortly afterwards, Mr. WEBSTER reported that the committee of conference had agreed, in lieu of the amendment of the House, to recommend the adoption of the following appropriations:

fortifications of the United States, three hundred "As an additional appropriation for arming the

thousand dollars.

HENRY F. JANES, elected a Representative from the State of Vermont, to supply the vacancy occasioned by the death of the honorable Benjamin F. Deming, appeared, and was quali-nild and benevolent disposition, his sound fied.

C. concluded by offering the following resolution, which was agreed to, nem, con.

Resolved, unanimously, That the members of this House will testify their respect for the memory of CHARLES SLADE, deceased, late a member of this House from the State of Illinois, by wearing crape on the left arm for one month.

Death of Mr. Deming.

[H. OF R.

Resolved, That the Secretary of the Navy be directed to report to this House the amount expended in of Jefferson, and State of New York, and the exerecting the ship-house at Navy Point, in the county pense of keeping the same in repair. Also, the like information in relation to the vessel built and lately sold at Storr's Harbor, in said county, and the amount of compensation allowed to the officer or officers, person or persons, who have from time to time had charge of the same. Also the reasons, if any exist, Mr. JANES, of Vermont, rose and said it had for the further preservation of the vessel and shipbecome his melancholy duty to announce to the house at Navy Point. Also, that he report the House the death, since the last session, of an- amount heretofore paid for the use and occupation other of its number. The honorable BENJAMIN of the land now belonging to the heirs of Henry F. DEMING, of Vermont, departed this life, said Eckford, deceased, at Navy Point and Storr's Harbor, Mr. J., on the 11th of July last, on his way on which the vessels New Orleans and Chippewa were from this place to his home in that State. The built, and also the terms of any contract which may deceased had been but a short time a member have been made with the Government, or its authorof this body, but long had held a distinguished ized agent, for the use and occupation of such land. place in the councils of his native State; and Mr. WHITE moved the following amendment, was there, and wherever else known, univer-which was accepted by Mr. WARDWELL; and, sally esteemed and beloved as an enlightened thus amended, the resolution was agreed to, and honest statesman, as an amiable citizen, as a viz: Christian of pure and unsullied morals. However flattering it may be to hold a seat on the floor of this House, to me it is deeply affecting that the one I have the honor of occupying has been made vacant by the death of an able legislator-by the removal from his family of an affectionate husband, a kind parent, and from me a long and most valued personal friend! But if we be permitted to gather hope from the public and private walk, the rectitude of moral character, the daily Christian deportment of man, few, if any, have left more comforting, more enduring evidences, than the deceased, that he has now a crown of immortality, an eternal rest. In testimony of our spect, I move the following resolution. Mr. J. then submitted the following resolution, which was adopted, nem. con.

"And any other information in possession of the Department relative thereto."

TUESDAY, December 9.
Presents from Foreign Powers.

Mr. MASON, of Virginia, rose to remind the
House that, at the last session, a Message was
received from the President of the United
States, submitting to the disposition of Congress
certain presents from the Emperor of Morocco,
(a lion and two horses.) The Committee on
Foreign Affairs, to which the Message was re-
re-ferred, recommended that the presents should.
be sold, and the proceeds placed in the treasury
But the Executive
of the United States.
thought he was not sufficiently justified without
an act of Congress, for taking this course. It
was desirable that the subject should be dis-
posed of, and the contingent fund relieved from
the expense now charged upon it. He moved
a recommitment of the Message to the Commit-
tee on Foreign Relations.

Resolved, unanimously, That the members of this House will testify their respect for the memory of BENJAMIN F. DEMING, deceased, late of the State of Vermont, by wearing crape on the left arm for one month.

THURSDAY, December 4.

Annual Treasury Report.

The SPEAKER laid before the House the an

nual report of the Secretary of the Treasury on the state of the finances; which, on motion of Mr. POLK, was laid on the table, and 10,000 copies ordered to be printed.

Sundry other communications were received from the Secretary of the Treasury; which were laid on the table, and ordered to be printed.

Mr. CLAYTON moved to amend the motion so as to instruct the committee also to consider the propriety of disposing, in some manner, of the presents already in the State Department.

The amendment was accepted by the mover, and the motion, as modified, agreed to in the following form:

Resolved, That the Message of the President of the United States on the subject of a present received by the consul of the United States at Tangier from the Emperor of Morocco, made to this House at the last session of Congress, be recommitted to the Committee on Foreign Affairs, with instructions to report a bill directing the sale of the lion and horses presented; and such application of the proceeds of such sale as shall be deemed most appropriate. Also, to inquire into the expediency of making disposition of such other presents as have been made to officers of the Government, and deposited in the Secretary of The following resolution, submitted on Thurs-State's office, as being presented contrary to the conday, by Mr. WARDWELL, was taken up:

MONDAY, December 8.
Expenditures at Navy Point, N. Y.

stitution.

H. OF R.]

General Lafayette.

Public Lands.

[DECEMBER, 1834.

THURSDAY, December 11.

French Relations.

The following resolution, submitted yesterday, by Mr. FOSTER, was taken up:

Mr. HUBBARD called the attention of the House to the proceedings at the last session, upon the resolution then reported from a joint committee of the two Houses, for the adoption Resolved, That the President of the United States of suitable measures for paying proper respect be requested to communicate to this House (if not to the memory of General Lafayette, and sub-in his opinion incompatible with the public interest) mitted the following resolution to carry into effect the order adopted by the House at the late session :

any communication or correspondence which may have taken place between our minister at Paris and the French Government, or between the minister from France to this Government and the Secretary Resolved, That a committee be appointed on the of State, on the subject of the refusal of the French part of this House, to join such committee as may Government to make provision for the execution of be appointed on the part of the Senate, to consider the treaty concluded between the United States and and report the arrangements necessary to be adopt-France on the 4th of July, 1831. ed, in order to carry into effect the last resolution reported on the 24th June, 1834, by the joint committee appointed at the last session of Congress, on the occasion of the death of General Lafayette.

WEDNESDAY, December 10. Exploring Expedition. Among the petitions and memorials presented to-day, was one by Mr. PEARCE, of Rhode Island, of John N. Reynolds, lately returned from a voyage of exploration in the Pacific ocean and on the North-west coast, praying that an expedition may be fitted out to survey the

islands and reefs in that ocean and on that coast. The petition was recommended by both branches of the Legislature of Rhode Island; and Mr. P. stated that the Legislatures of several other States would join in the prayer of the memorial, as would the merchants and chambers of commerce in the principal cities of the Union. To show the importance of the object in view, Mr. P. stated that there were now engaged in the whale fishery 182,000 tons of shipping; that there were employed 10,000 seamen; and that the business direct and indirect employed 170,000 tons of shipping, and more than 12,000 seamen; that more than onetenth part of our whole navigation was engaged in it; and the capital invested was $12,000,000. He further stated that the annual loss of property upon the islands and reefs not laid down upon any chart, was fully equal to the expense of the expedition and survey requested.

Election of a Chaplain.

The House proceeded to the election of a Chaplain; and

The Rev. Mr. Smith, having a majority of the whole number of votes given, was declared to be duly elected as Chaplain, on the part of this House, for the present session,

Mr. FOSTER said that he understood the Committee on Foreign Affairs had recently received a communication from the Secretary of State on the subject embraced in the resolution, and that committee. He would, therefore, move to that additional information was expected by lay the resolution on the table for the present; which was agreed to.

Public Lands.

Mr. McKINLEY offered the following, which he wished printed, and postponed for a week:

Resolved, That the Committee on Public Lands be instructed to bring in a bill to reduce the price of the public lands to seventy-five cents an acre; and all lands which have been offered for sale and remain unsold for more than five years, and less than ten years, to fifty cents an acre; and all lands which have been offered for sale and remain unsold for more than ten and less than fifteen years, to twenty-five cents an acre; and all lands which have been offered for sale and remain unsold for more than fifteen, and less