H. OF R.]

[MARCH, 1835.

Mr. ARCHER moved that the report and resolutions be referred to the Committee of the Whole on the state of the Union, and be made the order of the day for this day.

The SPEAKER said it would make no difference which day was assigned, as the subject would take its regular station in the calendar, and could not be reached but by postponing all the orders preceding it.

SATURDAY, February 28.

Relations with France.

On motion of Mr. CAMBRELENG, the House

went into Committee of the Whole on the state

of the Union, (Mr. MASON, of Virginia, in the chair,) and the committee proceeded to consider the following resolutions, which were read:

"Resolved, That it would be incompatible with the rights and honor of the United States, further to negotiate in relation to the treaty entered into by France on the 4th of July, 1831, and that this House will insist upon its execution, as ratified by both

Governments.

"Resolved, That the Committee on Foreign Affairs be discharged from the further consideration of so much of the President's Message as relates to commercial restrictions, or to reprisals, on the commerce of France.

"Resolved, That contingent preparation ought to be made to meet any emergency growing out of our relations with France."

The following resolutions, offered by Mr. ADAMS, of Massachusetts, as a substitute for the

above resolutions, were also read:

"1. Resolved, That the rights of the citizens of the United States to indemnity from the Government of France, stipulated by the treaty concluded at Paris on the 4th of July, 1831, ought in no event to be sacrificed, abandoned, or impaired, by any consent or acquiescence of the Government of the United States.

"2. Resolved, That if it be, in the opinion of the President of the United States, compatible with the honor and interest of the United States, during the interval until the next session of Congress, to resume the negotiations between the United States and France, he be requested so to do.

"3. Resolved, That no legislative measure of a hostile character or tendency towards the French nation is necessary or expedient at this time."

MONDAY, March 2.

Relations with France.

An extensive debate on this subject occurred, in which Messrs. CAMBRELENG, J. Q. ADAMS, ARCHER, PICKENS, BOULDIN, BURGES, COULTER,

Mr. ROBERTSON, of Virginia, was not only in favor of a peaceful solution of our difficulties with France, but believed such a solution certain and inevitable, if not prevented by our own conduct, and he presented the three following resolutions as embodying his opinion of the proper course to be pursued:

July, 1831, between the United States and France, Resolved, That this House regards the treaty of as adjusting, in a spirit of mutual concession, the differences so long unhappily subsisting between the two countries.

Resolved, That there is satisfactory evidence that the French Government earnestly desires that the appropriation for indemnity should be made, in pursuance of the stipulations of the treaty, and reason to hope that the Chamber of Deputies will adopt that measure, and faithfully discharge the obligations of France to the United States.

Resolved, therefore, That the Committee on For eign Affairs be discharged from the further considerrelates to commercial restrictions, or reprisals, upon ation of so much of the President's Message as

the commerce of France.

Mr. GORHAM was in favor of the amendment

offered by the gentleman from Virginia, (Mr. ARCHER.) He thought it a very proper resolution for the occasion; but he rose simply to enter his decided protest against the views contained in the speech which the gentleman had delivered in favor of his amendment. He was utterly opposed to the speech; but would vote for the resolution.

The question was taken on Mr. WATMOUGH'S motion to lay the whole subject on the table yeas 48, nays 168.

So the motion was negatived.

The question then recurring on the substitute adopted by Mr. J. Q. ADAMS, the yeas and nays

were then ordered and taken, when the resolution was adopted unanimously.

The following resolutions were then also unanimously adopted:

Resolved, That the Committee on Foreign Affairs be discharged from the further consideration of so much of the President's Message as relates to commercial restrictions, or to reprisals, on the commerce of France.

Resolved, That preparation ought to be made to meet any emergency growing out of our relations

with France.

TUESDAY, March 3.

By unanimous consent of the House, Messrs. CLAY, MOSES MASON, and WILDE, were permitted to record their votes in favor of Mr. ADAMS'S resolution, as modified at the suggestion of Mr. CAMBRELENG, on the subject of the French treaty.

Fortification Bill.

The House took up the fortification bill, and the question being on concurring with an amendment made in committee, propos:-g the

MARCH, 1835.]

[H. OF R.

Mr. HEISTER demanded the yeas and nays; which were ordered, and being taken, resulted as follows-yeas 107, nays 75.

General Appropriation Bill-Minister to Eng

up.

land.

The general appropriation bill was then taken

Mr. POLK moved to concur with the Committee of the Whole in the amendments.

The amendment of the Senate, in relation to the appropriation for the salary of a minister to Great Britain, was read.

Mr. J. Q. ADAMS said this amendment proposed to introduce a new principle. The President had heretofore uniformly appointed foreign ministers of all grades, when he deemed such appointment necessary. This was a most important and necessary power reserved to him under the constitution. The amendment was an assumption, on the part of the Senate, that a minister should not be appointed without the consent of that body. This, if adopted, would be one of the most pernicious alterations which the constitution could endure. It was one among other instances of an attempt to alter the constitution in an appropriation bill. If this principle should be adopted, we should have other amendments of the constitution introduced in a similar way, and the President might be compelled, in consequence, to veto the general appropriation bill. It was incumbent upon the House to prevent any encroachments of the Executive upon the prerogatives of the Senate. In like manner, the House was bound to resist the encroachments of the Senate upon the constitutional powers of the Executive. It was also the province of the Senate to check and control the action of this House, which was quite as likely as the other branch, he would not say now, but in other times, to infringe upon the just rights of the Executive. The constitution provided three powers, who were to co-operate together in the management of the public affairs. They formed checks upon each other, and were so constituted that when one of the three attempted to transcend its constitutional sphere, the other two would interfere to prevent it.

In conclusion, Mr. A. said that the amendment of the Senate proposed to introduce a principle which was contrary to the practice of the Government from its commencement. Every President, from Washington down, had pursued a different practice from that proposed in the amendment. It was true, the Senate did not assume directly to declare that a minister should not be appointed by the President, unless previously confirmed by that body; but the means of such appointment were withheld, and

Mr. BARRINGER said he was opposed to the amendment of the Senate, and should vote against it. He believed the President had the power of appointment during a recess, where a vacancy occurred in that recess, and he held that it made little difference whether he were a chargé or a minister. The President might equally take upon himself to increase the pay, or to appoint a minister plenipotentiary instead of a chargé, or vice versa, during the recess. Mr. B. did not concur with the gentleman from Massachusetts (Mr. ADAMS) in his reasoning, although he said he should concur with him in the vote he intended to give. He (Mr. B.) denied the right of the President of the United States, upon former practice or precedent, to appoint a minister during the recess when the vacancy originated, or existed during the session of the Senate, and the President might have nominated. He was aware that it was a contested question, as long ago as under the first adininistration of this Government. But one practice had been generally recognized, that of consulting with the Senate whether they would agree to institute diplomatic relations with any country. It was so during the administrations of Washington and the elder Adams, even down to the time of Mr. Jefferson. The President never presumed, until after the administration of the last, to open diplomatic relations with a country without first advising with the Senate. Mr. B. said he should vote for the appropriation. The question was taken by yeas and nays, and resulted as follows-yeas 114, nays 48.

So the House concurred with the amendment of the Committee of the Whole, and disagreed to the Senate's amendment.

Fortification Bill.

The bill making appropriations for certain fortifications already commenced, was taken up.

The amendment of the Senate appropriating $75,000 for the repair of the fortifications in Boston harbor was read.

The question being on the amendment to this item, adopted in committee, appropriating $3,000,000, to be expended by the President, in the recess of Congress, if he should deem it expedient, for the military and naval service, including fortifications, ordnance, &c.

Mr. HEISTER demanded the yeas and nays; which were ordered, and were-yeas 109, nays 77.

So the amendment to the amendment was agreed to.

The amendment of the Senate, as amended, was then concurred in.

Thanks to the Speaker.

Mr. E. WHITTLESEY submitted the following resolution, which was unanimously agreed to:

H. OF R.]

[MARCH, 1835.

Fortification Bill.

A message was here received from the Senate, and the Speaker having resumed the chair, the House took up the amendment to the fortification bill, appropriating $3,000,000, and the resolution of the Senate that it would insist on its disagreement.

Mr. GHOLSON expressed a fervent hope that the House would recede from its amendment. He was conscious that no man, woman, or child, in the United States, who had any intelligence of the matter, seriously believed that France would declare war against this country. The appropriation was, therefore, unnecessary, and the House might with propriety abandon the amendment. He moved that the House do recede. Mr. MCKENNAN moved the previous question; which was seconded.

The main question was then put on the motion of Mr. GHOLSON to recede from the amendment of the House appropriating $3,000,000 for the support of fortification-yeas 87, nays 110. So the House refused to recede from its amendment.

Branches of the Mint.

The bill from the Senate to establish branches of the mint of the United States, was read a third time and passed,-yeas 115, nays 60.

Fortification Bill.

A message to the following effect was re

ceived from the Senate.

The Senate adhere to their disagreement to the amendment of the House to the bill making appropriations for certain fortifications, appropriating three millions of dollars, &c.

Mr. CAMBRELENG moved that the House adhere to the amendment.

Mr. MERCER moved that the House recede from the amendment; which motion, he said, was first in order.

Mr. POLK said the motion to adhere had priority to the other.

The CHAIR decided that the question must be first taken on the motion to recede.

Mr. A. H. SHEPPERD said, if the House adhered, there could be no further intercourse with the Senate on the subject. If it was in order, he would move that the House insist, and ask a conference with the Senate.

Mr. LYTLE objected entirely, he said, to any conciliatory proposition. The House had gone as far as prudence and patriotism would justify them in going to conciliate the Senate. The only question was, where the responsibility of the loss of the bill should lodge. Let it be with that body which is determined to act, not only against the spirit of the executive recommendation, but against this House as the Rep

[Order! order! was vociferated from every part of the House.]

Mr. LYTLE. What are the exceptionable words?

The

Mr. MERCER. I will repeat them. gentleman says, the Senate of the United States is groaning under the weight, &c.

Mr. LYTLE. I said no such thing. I said the other body.

Mr. MERCER appealed to the Chair to decide whether the words were in order.

The CHAIR decided that the gentleman was not in order in alluding to the proceedings of the "other body."

Mr. LYTLE. I have heard the allusion made here a thousand times, without interruption from the Chair or the House.

The CHAIR. The gentleman can make use of no language which is likely to lead to an interruption of harmony between the two Houses.

Mr. LYTLE proceeded. He had not, he said, departed from the courtesy due to the other body. All he had to say was, that he wished the responsibility to abide in the proper place. The House had sustained the sense and spirit of the Message of the President, the wisdom and policy of which had been verified by events. But, sir, another body has placed itself in opposition to the views of the Executive, and is now heaping upon itself a responsibility which I unequivocally declare it cannot sustain.

[Cries of order! order!]

This House will have its full share of the

glory attending the successful termination of the controversy with France, and the gentleman from Massachusetts will have a full share in it. The people of the country will sanction the action of this House, and award to it the glory of the action. I say, then, said Mr. LYTLE, I will not depart, as a member of this body, from the elevated stand we have taken. I hold the appropriation to be the consummation of the proceedings of the last three days. It will send out to the world irresistible evidence of a national feeling on the subject, on the part of this House. It will leave no room for cavil or doubt; and, sir, the country will sustain us, while it puts the seal of its condemnation on those who resist us. If, then, the House retreats now, it will deserve to be considered as the most pusillanimous body in the world.

Mr. HUBBARD said, if the House adhered, the bill would be lost. He moved that the House appoint a committee of conference.

MARCH, 1835.]

[H. OF R.

The Cumberland road bill was taken up and read a third time.

Mr. MCKAY moved that a message be sent to the other House, informing them that this House, having completed its business, is ready to adjourn.

The CHAIR said the motion was not in order, the question being on the passage of the bill.

The Clerk proceeded to take the yeas and nays on the passage of the bill to continue and repair the Cumberland road, and

Mr. GILMER, when his name was called, rose and said he considered that he had no right to vote, the term for which he was elected having expired at 12 o'clock this night; and he therefore declined voting.

The question was decided in the affirmative -yeas 94, nays 80.

Mr. J. Y. MASON informed the House that the Senate had adjourned. The fact announced was questioned; but it being confirmed, the House agreed, on the motion of Mr. BARRINGER, to adjourn.

thus you reconciled your continued forbearance towards him with your duty to the public, in supporting the regularity and dignity of the proceedings

of the House.

It is needless to declare to you how feeble, how to discharge the duties of this station, without the utterly incompetent, the efforts of any one must be cordial support of the members of this House. The

satisfaction I derive from the reflection that I have had your cordial and necessary support, is greatly heightened by two considerations-the one personal to myself, the other of a public nature. Inexperienced as I was, when the duties of the Chair were suddenly devolved upon me, I could deserve your support, in attempting to maintain the just authority and respect of the Chair, only by bringing to the discharge of its various duties a resolute determination to perform them with impartiality, and a suitable in these purposes in particular instances, unconfirmness and decision. However I may have failed nature, I feel a proud satisfaction in believing that sciously and through the weakness of our common you have always duly appreciated my intentions and my desires.

But I have a yet higher gratification, founded upon the experience I have had in the chair; whatever may be the occasional disorders and intemperance incident to times highly excited by party conflicts, we have just reason to hope that there will always remain a collective, an aggregate feeling and determination in this House to forbear those extremes, those excesses, which, if indulged, would justly forfeit the respect and confidence of the country.

None will question, that whatever concerns the character and respectability of this House, as a coordinate branch of the legislative department of the Government, concerns likewise the interests, the very being, of free institutions, and the rights and hap

Gentlemen of the House of Representatives: It is a late hour, but I hope I may be allowed one word, in acknowledgment of the many obligations I am

under to this House.

Duly sensible, as I am, of the value of that testimony of respect for your presiding officer which you have this night ordered to be placed upon the journals of the House, and as much bound as I am by that compliment to express my sensibility to your kindness, I am still more solicitous, upon this occasion, the last that may offer to me, to express a yet deeper and more abiding sense of gratitude, for that continued indulgence to my faults, that marked forbearance and tenderness to my many deficiencies, which have been manifest, on your part, from the first moment I took this chair, and which have continued to be manifested up to this, the last allotted hour of the present Congress. The feelings inspired by a recollection of so much generosity I am unable adequately to express, but they shall have a place in this bosom so long as there is a pulsation there. But this is not the extent of the obligations I am under to you, gentlemen. If the public service had suffered essentially from any defect in me, the memory of your generous indulgence would afford me but a qualified pleasure; but you have, upon every occasion, given to me, your presiding officer,

shall continue to hold and actually exercise its due proportion of the powers of this Government; whether it shall continue to contribute its due weight and authority in shaping the policy of this great country, and in elevating it to that high destiny which the friends of political and civil liberty in every part of the world, so devoutly desire; whether, indeed, such a destiny shall ever be ours, depends greatly upon the rank which this House shall continue to hold in the affections, the respect, and confidence, of the great body of the people.

to fill this station, I have had your co-operation and The recollection that, while I have had the honor confidence in my feeble efforts to sustain the due importance and respectability of this House, will be a source of high gratification to me in the future vicissitudes of my life, whatever they may be. And now, at the moment of a separation, which, with many of us, may be permanent, I may be permitted to say, that if, upon any occasion, I have seemed to fail in respect which is always due from the Chair to the House, and to all its members, I can, with the utmost sincerity, affirm that it was never intentional; and I beg to express my ardent wishes for the continued and uninterrupted health and happiness of every individual of which this House is composed.

The SPEAKER then adjourned the House, at half-past three o'clock, without day.

SENATE.]

[December, 1835.

MONDAY, December 7, 1835.

The first session of the 24th Congress commenced this day at the Capitol. At twelve o'clock the Senate was called to order by the Vice President, Mr. VAN BUREN, when it appeared that a quorum of the Senators were in attendance.

The CHAIR communicated the credentials of the Hon. JOHN C. CALHOUN, elected by the Legislature of the State of South Carolina a Senator from that State, to serve for six years from the 4th of March last;

Also the credentials of the Hon. NEHEMIAH R. KNIGHT, elected by the Legislature of the State of Rhode Island a Senator from that State, to serve for six years from the 4th of March last;

Mr. SOUTHARD presented the credentials of the Hon. GARRET D. WALL, elected by the Legislature of New Jersey a Senator from that State, to serve for six years from the 4th of March last; and

Mr. EwING presented the credentials of the Hon. JOHN DAVIS, elected by the Legislature of Massachusetts a Senator from that State, to serve for six years from the 4th of March last; all of which were read.

Mr. WHITE said that at the last session of the Legislature of the State of Tennessee he had been re-elected to the Senate of the United States for six years from the 4th of March last,

*LIST OF MEMBERS OF THE SENATE. Maine.-Ether Shepley, John Ruggles. New Hampshire.-Isaac Hill, Henry Hubbard. Massachusetts.-Daniel Webster, John Davis. Rhode Island.-Nehemiah R. Knight, Asher Robbins. Connecticut.-Nathan Smith, Gideon Tomlinson. Vermont.-Samuel Prentiss, Benjamin Swift.

New York.-Nathaniel P. Tallmadge, Silas Wright, jun. New Jersey.-Samuel L. Southard, Garret D. Wall. Pennsylvania.-James Buchanan, Samuel McKean. Delaware.-John M. Clayton, Arnold Naudain. Maryland.-Robert H. Goldsborough, Joseph Kent.

but that the official information of his election was not in his possession. It had heretofore been the practice in the State of Tennessee to transmit to the presiding officer of the Senate the credentials of its Senators. But as this had. not yet been done, he submitted to the Chair whether he should take his seat.

The CHAIR said that, if no objection was made, the gentleman could take his oath with the other Senators to be qualified.

The usual oath was then administered by the VICE PRESIDENT to Messrs. WHITE, HUBBARD, KING, CLAYTON, ROBINSON, and RUGGLES, whose credentials were presented at the last session, and to Messrs. WALL, KNIGHT, and DAVIS, whose credentials were just read.

Mr. WHITE offered the following resolutions; which were considered and agreed to.

Ordered, That the Secretary acquaint the House of Representatives that a quorum of the Senate is assembled, and ready to proceed to business.

Resolved, That a committee be appointed on the part of 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 is assembled, and ready to receive any communications he may be pleased to make.

On motion of Mr. GRUNDY, the Senate ordered that the Chair appoint the committee;

And Mr. WHITE and Mr. KNIGHT were appointed a committee to wait on the President. A message was received from the House

Virginia.-Benjamin Watkins Leigh, John Tyler.
North Carolina.-Bedford Brown, Willie P. Mangum.
South Carolina.-John C. Calhoun, William C. Preston.
Georgia.-Alfred Cuthbert, John P. King.
Kentucky.-Henry Clay, John J. Crittenden.

Tennessee.-Felix Grundy, Hugh Lawson White.

Ohio.-Thomas Ewing, Thomas Morris.

Louisiana.-Alexander Porter, Robert C. Nicholas
Indiana.-William Hendricks, John Tipton.
Mississippi.-John Black, Robert J. Walker.
Illinois.-Elias K. Kane, John M. Robinson.
Alabama.-William R. King, Gabriel P. Moore.
Missouri.-Lewis F. Linn, Thomas H. Benton.