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HOUSE OF REPRESENTATIVES,
MONDAY, December 28, 1840.

Mr. SMITH of Maine, on leave, presented the petition of J. B. Glover and others, of New York, praying for the passage of a bankrupt law; which was referred to the Committee on the Judiciary.

The following bills from the Senate were then read a first and second time, and referred to the appropriate committees, viz:

An act granting a pension to Hannah Leighton. An act to amend an act entitled "An act more effectually to provide for the punishment of certain crimes against the United States, and for other purposes.

An act to prevent the counterfeiting any foreign copper, gold, silver, or other coin, and to prevent the bringing into the United States, or uttering any counterfeit foreign copper, gold, silver, or other

coin.

An act for the relief of sundry citizens of Arkan sas, who lost their improvements in consequence of a treaty between the United S ates and the Choctaw Indians.

An act supplementary to "An act to provide for the adjustment of titles to land in the town of Detroit, and Territory of Michigan, and for other purposes," passed April 21, 1806.

PUBLIC LANDS.

The SPEAKER announced that the next business in order, was the motion of Mr. REYNOLDS of Illinois, to refer a memorial from the Legislature of that State to the Committee on Public Lands, with the following instructions:

"To report a bill to grant prospective pre-emp tions to settlers on the public lands, and to reduc the price to settlers according to the value of sail lands."

The question pending was on the followin amendment, submitted by Mr. W. COST JOHNSON "To refer to the Committee on Public Lands with instructions to report a bill to have the pro ceeds of the sale of the public domain divide! among the States in an equitable ratio, to be usch by the States for internal improvements, education, or any other purpose, as may be deemed wise by the several States receiving said distribution."

Mr. HUBBARD, being entitled to the floor, was about to resume his remarks, when he gave way to

Mr. CHINN, who moved to lay the whole subject on the table; but after some conversation, withdrew it, and moved a postponement of the subject until Tuesday week.

Mr. ALFORD renewed the motion to lay on the table; and the yeas and nays being demanded, were ordered, and resulted as follows:

YEAS-Messrs. Adams, Alford, Anderson, Linn Banks, Barnard, Beirne, Bell, Bond, Sampson H. Butler, Calhoun, Chinn, Chittenden, Coles, Connor, Cranston, Cushing, Garret Davis, Dawson, Fillmore, Floyd, Fornance, Garland, Gates, Giddings, Granger, Griffin, Habersham, Hawes, Hill of North Carolina, Hopkins, Hunt, Jackson, Joseph Johnson, Nathaniel Jones, Kemble, McKay, Mallory, Calvary Morris, Nisbet, Osborne, Parmenter, Paynter, Peck, Pickens, Randall, Reed, Saltonstall, Shepard, Slade, Albert Smith, John Smith, Truman S nith, Starkweather, Taliaferro, Triplett,Trumbull, Warren, John White, and Winthrop-58.

NAYS-Messrs. Judson Allen, Andrews, Atherton, Beatty, Black, Blackwell, Boardman, Boyd, Brewster, Briggs, Aaron V. Brown, Albert G. Brown, Burke, Wm. B Campbell, Carter, Casey, Clifford, Crabb, Craig, Crary, Curtis, Dana, E. Davies, Deberry, Dellet, Doan, Doe, Doig, Duncan, Earl, Eastman, Edwards, Ely, Everett, Fine, Fisher, Galbraith, Gentry, Gerry, Goggin, Goode, Hand, John Hastings, Henry, Hillen, Hook. Hubbard, James, Jameson, Charles Johnston, William

Cost Johnson, Cave Johnson, Keim, Kempshall, Kille, Lane, Leadbetter, Leet, Leonard, Lowell, Lucas, McClellan, Marchand, Marvin, Mason, Medill Miller, Mitchell, Monroe, Montanya, Morgan, Morrow, Newhard, Palen, Parrish, Pope, Prentiss, Proffit, Randolph, Rariden, Reynolds, Ridgway, Edward Rogers, Russell, Ryall, Simon. ton, Toomas Smith, Stanly, Steenrod, Strong, Stuart, Sumter, Swearingen, Sweney, F. Thomas, Waddy Thompson, Jacob Thompson, John B. Thompson, Tillinghast, Toland, Underwood, Peter J. Wagner, Watterson, Weller, Wick, Jared W. Williams, Henry Williams, Lewis Williams, Joseph L. Williams, and Christopher H. Williams —111.

So the House refused to lay on table.

The question then recurring on the motion of Mr. CHINN to postpone all further consideration of the subject unlil Tuesday week,

The SPEAKER suggested that on that day the Pennsylvania contested election case would come up as the special order; whereon,

Mr. CHINN modified his motion so as to read "next Wednesday week;" also that it be made the special order for that day.

Mr. REYNOLDS opposed the motion to postpone. He thought gentlemen could act upon the subject as well now as any other time If it were postponed until a later period of the session, the cry would then arise, that there was not time to consider it.

Mr. HUBBARD demanded the previous question, but there was no second.

The question then recurring on the motion to postpone until Wednesday week, it was taken and decided in the affirmative.

The question then being on the latter branch of the motion, making the subject the special order for Wednesday week, was taken, and decided in the negative.

So the further consideration of the subject is postponed until next Wednesday week, on which day it will come up in its order.

NAVY PENSIONS.

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Mr. PROFFIT objected.

Mr. THOMAS explained the urgency of the bill, after which the objection was withdrawn.

The House then resolved itself into a Committee of the Whole on the state of the Union, (Mr. MCKAY in the chair,) and took up the above bill, which was read by the Clerk, as follows:

A BILL concerning pavy pensions and half-pay.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assem led, That the sum of one hundred and fiftyone thousand three hundred and fifty-two dollars and thirty-nine cents, be, and the same is hereby, appropriated, to be paid out of any money in the Treasury not otherwise ap ropriated, for he paymeat of pensions and half-pay chargeable on the navy pension fund.

At the request of Mr. THOMAS, the Clerk then read the following document from the Secretary of the Navy, which had been forwarded by the President, in compliance with a resolution of the House:

WASHINGTON, December 7, 1840.

SIR: I herewith transmit a letter from the Secretary of the Navy, in relation to the navy pension fund, to which the attention of Congress is invited, and recommend an immediate appropriation of $151,352 39, to meet the payment of pensions be. coming due on and after the 1st of January. 1841. M. VAN BUREN.

Hon. R. M. T. HUNTER,

Speaker of the House of Representatives.

NAVY DEPARTMENT, December 1, 1840. SIR: I have the honor to state that the whole

amount of money now on hand to pay navy pensioners, is $18 647 61; and that there will be required in addition thereto, for that purpose, for the ensuing year-1841-the sum of $151,352 39; of which the sum of $51,476 73 will be wanted to meet claims for pensions becoming due on the 1st day of January next.

The stocks at present owned by the navy pension fund are:

City of Cincinnati five per cent.
City of Washington five per cent.
Bank of Washington
Union Bank of Georgetown

Nominal value

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$100,000

33,339

14,000

11,400

$158,739

All these stocks have greatly depreciated in value, and some of them are now altogether unsaleable. The stock of the city of Cincinnati, standing highest, has been advertised to be sold at auction on the 15th of this month, (December,) for the purpose, in the first place, of reimbursing the Bank of America the sum of fifty thousand dollars advanced to the fund on a deposite of the said stock, to meet the payment of pensions which became due on the 1st of July last, and afterwards to meet, as far as it may suffice, the payments falling due on the 1st of January nex'.

To liquidate these and other claims becoming due in the year 1841, and at the same time to prevent the great sacrifice which must ensue if the stocks belonging to the fund be sold at this time, I have the honor to request that you will be pleased to call the attention of Congress to the subject at the commencement of its approaching session, and to recommend an immediate appropriation of the above named sum of $151,352 39 in aid of the fund; the deficiency in its means of satisfying the just claims of pensioners, which by the act of Congress of 23d April, 1800, the public faith was pledged to supply, having occurred.

I have the honor to be, very respectfully,
Your obedient servant,

J. K. PAULDING. To the PRESIDENT of the United States. Mr. F. THOMAS then made a brief explanation of the acts relating to the bill. He explained that, by the act of 1800, pensions were granted to seamen, officers, and marines in the naval service who had been disabled; and that, by the 9th section, a peculiar mode of paying these pensions was provided; the fund was to be derived not from the general revenue of the Government, but from the sale of that portion of the prizes to which the United States might become entitled. He explained also that, by the 9th section, the faith of the United States was pledged, in the event of the exhaustion of the fund, to make good the deficit. The Secretary of the Navy stated that this specific fund had been so far exhausted as to be reduced to a very small amount in stocks, most of which were now unsaleable, and he applied to Congress to make this appropriation for the purpose of sav. ing those stocks from sacrifice.

Mr. T. then proceeded to reply to an objection which, he said, he anticipated would be made by the gentleman from Massachusetts, (Mr. ADAMS.) There was a con'rariety of opinion in the Committee on Naval Affairs, and might be, Mr. T. sup. posed, in this House, as to the construction of the law of 3d March, 1837, under which this pension fund of 1800 had been exhausted. It would be seen that Congress, by the act of 1800, had given pensions to officers, seamen, and marines disabled; and, as he had said, by the ninth section, the faith of the Government was pledged to make good any deficiency in the fund if it should become exhausted. By the law of 1837, and by other laws which it was not necessary for him to refer to, another class of persons had been authorized to apply for these pensions other than those contemplated by the original act; and their pensions were to commence from the time when the incident occurred which gave origin to the pensions. Under this act, Mr. T. explained that arrearages had been allowed of twenty or thirty years. He anticipated that the gentleman from Massachusetts [Mr. ADAMS] would assume the ground that the Secretary had erred in giving that construction to the law of 1837. He anticipated the gentleman would say that Con

gress gave a pledge to make good any deficiency in the fund in the event of that fund being applied solely to pensioners contemplated under the law of 1800, to wit, to officers, seamen, and marines, actually disabled in the public service. Now, it seemed to him (Mr. T.) that whatever might be the construction given to the act, the bill before the committee ought to become a law, even if the Secretary of the Navy had committed an error. If the fund was exhausted, the Government stood bound to reimburse it. The Committee on Naval Affairs intended, before the close of the session, to bring in a bill to repeal the act of 1837, and intended to incorporate in it certain provisions diminishing the number of persons entitled to make these claims upon the Government. The simple question now was, whether the Government, in virtue of its plighted faith, would now make good a deficiency in the pension fund of 1800; that fund having been exhausted under what some gentlemen might suppose to be a misconstruction of the act of 1837.

Mr. ADAMS desired to know if the sum embraced in the present bill was included in the esti mate for the year.

Mr. THOMAS said, that so far as he was informed, he believed not.

Mr. ADAMS then complained that the recommendation from the President was, that Congress should not exceed the estimates, and yet one week afterwards the House was urged to make an appropriation not included in the estimates. Mr. A. then went on to contend that the Secretary of the Navy, under the act of 1837, had no authority to make use of the specific fund set apart for the payment of pensioners under the act of 1800. Also, that by this act the Treasury of the United States had been saddled with a national debt, and for the payment of which they were called upon to make an appropriation not in the estimates. Mr. A. then procecded to show that in 1837 the amount of the specific fund was $1,200,000, the interest from which, he contended, was sufficient to meet the demands upon it. He wished to know what had become of this money. Why, it appeared from the letter of the Secretary that it had been exhausted not for the payment of the pensioners, for whom it had been set apart, but for the widows, orphans, and perhaps the aunts of persons who might have been in the service. After some further remarks, Mr, A. went on to charge the Administration with a want of economy in thus "wasting" so much money, sacredly set apart, as he contended, for another specific purpose. He wished to know how the act of 1837 originated, and by whom it was passed through the House. He desired to examine who had introduced the measure, and to see whether was a Whig or an Adıninistration "economist."

Mr. A. then, at much lerg h, gave his views in relation to the investment of Govenment money in State stocks and bonds, and contended that the Secretary of the Navy had no authority for making such investments. He contended that the invest ment of money in State stocks by the Government, was in fact assuming the State debts.

Mr. F. THOMAS declining to reply, owing to the necessity of a speedy passage of the bill, The committee then rose and reported the bill to the House, without amendment.

Mr. REED made some brief remarks in defence of the Secretary of the Navy, who, in his opinion, was often blamed when the fault lay in the law. He had risen, however, more particularly to request that the House would ere long afford him an opportunity of speaking upon the affairs of the navya privilege he had often wished during the last setsion, but never had.

After some remarks from Mr. WISE, who took the same general view of the case as Mr. ADAMS, and, among other matters, complained of the delay in bringing this subject before the House,

Mr. THOMAS (chairman of the Committee on Naval Affairs) said that he had designed to suffer this bill to pass without any comment on his part, for he had not felt himself called upon to reply to the remarks of the honorable gentleman from Massachusetts on the general policy of the Administration, particularly as he, as well as the hono.

rable gentleman from Virginia who had just resumed his seat, had commenced their speeches by declaring that it was their purpose to vote for the bil'. He was anxious to have it pass the House this day and go to the Senate, that the little rem. nant of this fund might be saved, and the demands of the Government to pay the existing pensions might be met in time; (for which purpose one hundred and fifty thousand dollars would be wanting on the first of January next.) But he could not sit still and hear such extraordinary charges advanced against the Secretary of the Navy without making some reply. If there ever was an officer of Government whose conduct was not only unworthy of blame, but deserved the highest praise for his fidelity, the Secretary was that officer. No sooner did he find himself in office, than his altention was immediately turned to this pension law of 1837; and at the very next session he failed not to warn Congress that if the law was suffered to remain as it stood, the navy pension fund would shortly be absorbed in its application to an object for which that fund had never been originally created. In the Senate, this warning took effect, and the law was repealed; but the bill of repeal was lost in the House; why, Mr. T. could not say. They all knew how time was often wasted in that body by irrelevant and latitudinous discussion. He did not find fault with this, because he believed that, upon the whole, the country was benefited by it. The Committee on Naval Affairs had reported a bill to put a stop to this waste and misapplication of the fund, but it never had been acted upon. Thus much on the delay which had taken place. Now as to the actual operation of the law of 1837. He wished the House to see whether the fund had not been exhausted through the legitimate interpretation of that law. The gentleman from Virginia had fallen into most strange mistakes, in his apprehension of the subject, to confute which it would be only necessary to look at the law. [Mr. T. here quoted the act of 1837.] From this it appeared that there were two classes of pensioners contemplated: 1, the widows and children of officers, seamen, or marines, who had died in the public service; and 2, persons who had been personally disabled by wounds or injuries received in such service. In both cases the law was not prospective merely, but retrospective also. It not only granted pensions in futuro, but required that the pension should be reckoned back to the death of the officer, seaman, or marine, and to the date of the disability incurred. In this manner there had been paid in a single year, to 92 invalids, the sum of $78,000, to 85 widows the sum of $121,000, and to 129 children $129,000.

Here was a gross sum of $329 600 paid as arrears, besides the annual pensions which were to be provided for.

Mr. WISE here explained, and insisted that, even according to Mr. T's own showing, there ought to be a large balance still left in the hands of the Department.

Mr. THOMAS said he had only stated the result of the operation of the law for a period of six months from the 31 of March to the 30th of September, 1837. The law had continued in force to this day.

Mr. WISE again interposed, and referred to a report which stated the gro-s amount of arrears at about $300,000; and inquired how much it had been since increased?

Mr. THOMAS said he held in his hand another account from the Navy Department, giving the particulars of another amount paid in the form of area ages, exceeding $800,000. If gentlemen would look fully into the subject, instead of taking partial views, they would find that every del'ar of the fund was accounted for.

Mr. WISE According to that, there ought to be no balance at all left, but the Secretary reports a balance.

Mr. THOMAS said there was about $158,000 left still, on the first of December last. But whence did this law which had led to such a result emanate? Who authorized this application of the pension fund? It was not the Secretary of the Navy or the Commissioner of Pensions, but the two Houses of Congress. Who were the authors of the

bill? It had been reported to the Senate by the honorable Mr. ROBINSON of Illinois, and sent to the Committee on Naval Affairs, of which Mr. SOUTHARD was a member, and he had reported the bill to the Senate, by whom it had been passed without a division. The Senate bill, coming into the House, had been referred to the Committee on Naval Affairs in the House. Mr. T. read the names of this committee, among which that of Mr. WISE was one. The bill had been ordered to its third reading without a division, and passed by the House without amendment.

Mr. WISE explained, stating that, though his name appeared on the Naval Committee, he was not responsible for the bill. He was at that time but nominally one of the committee-his attention was directed elsewhere he had other fish to fry— and could no longer attend to the business of that committee, (of which he had previously been an active member,) being appointed on another occasion which occupied his time and thoughts.

Mr. THOMAS had not the least suspicion as to that gentleman's course in relation to the bill. The responsibility rested on the whole House Congress passed the law, and ordered the Secretary to administer it. That officer had warned them how it would operate and was operating. And was he then to be arraigned for carrying out an act which was the law of the land?

Mr. REED (also a member of the Naval Committee) here made some explanation which was totally inaudible to he Reporter.

Mr. THOMAS, then resuming, observed that he concurred fully with such part of the remarks of the honorable gentleman from Massachusetts (Mr. ADAMS) as related to the policy of leaving in the hands of Heads of Departments the discretionary power of buying and selling on public account stocks of any description. He had raised his feeble voice against such a practice many years ago. But while the authority remained, he trusted that parties accused, as the Secretary of the Navy had been, would be tried by the law as it stood. That, if he had for his acts the express authority of law, he would be acquitted. And if such authority were in itself wrong, Congress would withdraw it, but not unjustly charge the fault of the law on the officer who executed it. Now, as the navy pension fund originated from prize-money taken in time of war, and as the United States had had neither war nor prizes for some years, he inferred that, as the Secretary would violate his duty should he let the fund lie idle in his hands, the investment of it in stock had been made some fifteen years ago.

Mr. ADAMS here interposed to say that those investments had all taken place since 1837, and never before.

Mr. THOMAS, resuming, said that he referred to the capital of the fund. It was the interest which had been invested; and in thus vesting it, the Secretary had but followed the course of his predecessors. The law itself provided that the Secretary might vest the interest of the fund in any way he thought best. [Mr. T. here quoted the law.] The present Secretary could, however, have had but a small sum to invest in any way. Whether the investment had been prudently made or not, Mr. T. would not now express an opinion; he rather supposed, however, that it would be admi ted to be better to place the money in State stocks, ra ther than in those of any private corporation. The fault, if any, was in Congress, in not laying down a rule specifying in what stock the interest of this fund should be invested. As to the sale of the s'ocks which had been purchased, it was an operation indispensable to meet the engagements of the Government. Mr. T. observed, in conclusion, that he had not attempted to go in'o a reply to the speech of the honorable gentleman from Massachusetts, [Mr. ADAMS,] nor did he feel bound to do so. He was not in the same situation with that gentleman, having a speech prepared for delivery at a former

session.

Mr. MONROE said the Congress of 1837 had disposed of a fund over which they had no control; and it was the duty of the representatives to replace the fund, repeal the act of 1837, acknowledge the debt, and pay the interest; and that interest would pay the pensioners annually.

Mr. ANDERSON of Maine followed; but owing to the customary loud conversation near the Reporters' desk, not one word in a dozen could be heard with distinctness..

Mr. SHEPARD moved to amend the bill, by adding the following, to come in as an additional section:

Sec. 2. And be it further enacted, That the act of March 3, 1837, entitled, An act for the more equitable administration of the navy pension fund, be repealed.

Mr. REED objected to the amendment. He thought its adoption at this time would be too precipitate. He wished a full and careful examination before the law should be repealed.

After some brief remarks from Mr. TILLINGHAST,

Mr. PECK demanded the previous question, which was seconded by the House.

The main question was then ordered, and, being put, first on the amendment, resulted as follows:

YEAS-Messrs. Anderson, Atherton, Banks, Beirne, Black, Blackwell, Boyd, Brewster, Burke, Sampson H. Butler, William O. Butler, Wm. B. Campbell, Carr, Casey, Chinn, Clifford, Coles, Connor, William R. Cooper, Crabb, Dana, John W. Davis, Garret Davis, Dawson, Deberry, Doig, Duncan, Earl, Eastman, Ely, Everett, Fine, Fisher, Floyd, Galbraith, Garland, Gerry, Giddings, Griffin, Hand, Hawes, Hill of North Carolina, Hubbard, Jackson, Jameson, Joseph Johnson, Cave Johnson, Nathaniel Jones, Leadbetter, Lewis, Lowell, Lucas, McClellan, McKay, Mallory, Marchand, Medill, Montanya, Parris, Pickens, Pope, Prentiss, Reynolds, Jas. Rogers, Ryall, Shaw, Albert Smith,Steenrod, Strong, Stuart, Swearingen, F. Thomas, Waddy Thompson, Jacob Thompson, Turney, Underwood, Vroom, Watterson, Henry Williams, Lewis Williams, and Christopher H. Williams -81.

NAYS-Messsrs. Adams, Judson Allen, Barnard, Beatty, Boardman, Calhoun, Carter, Chittenden, Clark, Cranston, Edward Davies, John Davis, Dellet, Edwards, Everett, Fillmore, Gates, Goggin, Goode, Granger, Graves, Green, Habersham, Henry, Hill of Virginia, Hillen, Hook, James, Kempshall, Kille, Lane, Leet, Lincoln, McCarty, McCulloch, Marvin, Mason, Monroe, Moore, Morgan, Morrow, Naylor, Newhard, Osborne, Palen, Paynter, Peck, Randall, Rariden, Rayner, Reed, Ridgway, Edward Rogers, Russell, Saltonstall, Simonton, Slade, Truman Smith, Thomas Smith, Stanly, Taliaferro, John B. Thompson, Tillinghast, Toland, Triplett, Trumbull, Peter J. Wagner, Thomas W. Williams, Joseph L. Williams, and Wise-70.

So the amendment was agreed to.

The question then recurring on ordering the bill, as amended, to be engrossed for a third reading, was put, and decided in the affirmative.

The bill was then read a third time, and passed. On motion of Mr. WATTERSON,

The House adjourned.

IN SENATE,

TUESDAY, December 29, 1840.

DEATH OF HON. FELIX GRUNDY. Immediately after the reading of the journal, Mr. ANDERSON rose and addressed the Senate as follows:

MR. PRESIDENT: By the last mail, I received from Nashville the sad intelligence of the death of my esteemed friend and distinguished colleague, and I rise to announce the event to the Senate. He died at Nashville on the 19th instant. I have no words adequate to express my deep regret for this great public loss. I will not indulge, upon this occasion, in mere expressions of private grief, though I might find pardon and sympathy in the bosoms of many of his personal and endeared friends who surround me. They will feel with me that they have lost a friend who merited their esteem, and in whose social

qualities the kindness of the heart was ever conspicuous, aad never, for a moment, extinguished by party contests. But, sir, in bringing this melancholy event to the notice of the Senate, I am reminded not only of the claims of private friendship-of the loss which I feel that I have suffered in his death-but that I am about to ask the action of this body in reference to a man who was one of the Patriots and State men of this land-a man of whom it may be said, truly, that he was the artificer of his own fortunes, and wore those honors meekly, which his fidelity and talents had won in many a well contested field of mental action.

His loss is a public misfortune; and it will sink deep and lastingly into the bosoms of his country

men.

He was born in 1777, in the county of Berkley, in the Old Dominion, that mother of patriots and great statesmen. His father emigrated in 1780 to Kentucky. At an early period he was left an orphan, guided and cherished by a mother on whom misfortune had cast its deepest shadows. He was liberally educated at the Academy of Bardstown, Kentucky, then under the superintendence of Dr. PRIESTLY, and passed his scholastic days in honorable rivalry with such men as ROWAN, POPE, and DAVIS.

He studied law with that eminent civilian and ardent patriot, GEORGE NICHOLAS. In selecting the legal profession, he consulted his natural taste and cast of mind; and when he came to the bar, he soon acquired the confidence and patronage of the public. In 1799, when a convention was called in Kentucky to revise the Constitution, he was chosen as a member of that body from the county of Washington; and was afterwards elected to the Legislature of that State, and was the author of what is denominated the circuit court system, by which justice was brought nearer to the hands and the doors of the people.

He was subsequently elected to the Legislature of Kentucky. He continued in that station from 1802 until 1806, when he was made one of the Supreme Judges of the State, and, at the transfer of Judge TODD to the Supreme Court of the United States, he was made Chief Justice. In 1808 he resigned that office, emigrated to Tennessee, and engaged in the practice of the law. The same success followed his efforts there. The popular confidence was early bestowed upon him, and when our difficulties with Great Britain excited the apprehension that they could not be amicably ad justed, his patriotism, his zeal, his wisdom, and his talent, pointed him out as the man peculiarly qualified with whom to entrust such high interests-and I believe he was elected without opposition from the Nashville district, a member of the Con

gress of 1811 and 1812. He was placed during that memorable period, by the distinguished Senator from Kentucky, then Speaker of the House, upon the Committee of Foreign Relations, which was composed of some of the ablest men of the nation. It was with such men that he was rated, and it was then that he first became known to the whole country, and equally distinguished for his wisdom in council, his untiring zeal, and his powerful and inspiring eloquence. It was the meridian of his life, and the fire of his youth had not subsided; that gentler, perhaps not less lofty strain of eloquence to which we have listened here in his latter days, marked

then his efforts, but they had also an added strength, and energy, and point, that gave to all he said the highest force.

After his retirement from his position there, he was elected to the Legislature of Tennessee, and continued to act a valuable and distinguished part in the councils of his adopted State. In 1829, he was elected a member of this body. In this station he continued until 1837, when he resigned his seat-and was afterwards called to the cabinet by the present President, and was again returned to the Senate at the commencement of this Congress.

Of his action here I need not speak. Of one thing, I think I am certain-he has left no enemy in this body, and many warm, very warm and devoted friends, who will long cherish his memory. That gentle but mighty spirit, that could move so powerfully upon others, has itself been finally acted upon by the Giver of all good; and we are permitted to cherish the belief that it now rests in the bosom of our Heavenly Father. He was aware of the immediate change that was about to translate him from time to eternity. He contemplated it with calmness and Christian resignation, in the humble hope that he would be numbered among the spirits of the redeemed made perfect. Religion had smoothed his path, and made his dying bed soft and gentle to his heart as the downy pillow.

We shall hear his voice no more, but we will cherish his memory-for his was a spirit ever kind, noble, and bland as a summer's morning. His eloquence charmed and delighted; often confounded, but never repelled the admiration of his adversary. His friends-his State-his whole country, will deplore his death as a public calamity. History will attest that his life has been closed through a long path of toil, of patriotism, of honor, and of fame.

Mr. A. then offered the following resolutions:

Resolved, That the members of the Senate, from a sincere desire of showing every mark of respect due to the memory of the honorable FELIX GRUNDY, late a member thereof, will go into mourning, by wearing crape on the left arm for thirty days.

Resolved, That as an additional mark of respect for the memory of the honorable FELIX GRUNDY, the Senate do now adjourn.

Mr. BENTON rose and said, that among the number of Senators now present, to whom a long and friendly intercourse with our deceased brother Senator would give the right of seconding the mot on to confer honors upon his memory, he claimed to be one, and that on account of a friendly intercourse between them long before their meeting in this chamber. Judge GRUNDY, after having attained the highest professional advancement in the State of his first adoption-after having at an early age become Chief Justice of the Supreme Court of Kentucky-after having earned the highest distinctions of the bar and of the Legislative body, amidst the brilliant competition of genius and talent which illustrated that young State—after achieving all this, at that early age, when many are just commencing the serious business of life, he removed to the State of Tennessee, there to recommence his distinguished professional career. This was in the year 1806. My law license, said Mr. B. was just then signed. I was then a briefless young lawyer at the Nashville bar, and quickly had occasion to experience, in the conduct of the distinguished new comer, the generous and brotherly feeling which leads the

elder members of the profession to lend a helping hand to the younger. To bear lightly on the errors of inexperience—to aid with advice-to extol what was praiseworthy-to encourage every honorable effort was his conduct to me as well as to all other beginners in the arduous career of the law. Thus commenced our acquaintance, in the exercise of personal and political friendship, thirty. four years ago; and the friendly intercourse then began, has been continued upon a higher and different theatre until death has closed the door upon the progress of his meritorous and eventful life. These circumstances give me a right, among the many who are here and could so justly claim it-they give me a right to appear as the second to the motion which has just been made. The Senator from Tennessee, [Mr. ANDERSON,] the last colleague of the deceased, has well portrayed the character of Judge GRUNDY-has well presented the leading events of his distinguished life, the high order of his talents, the benevolence of his heart, and the amenity of his manners. He has sketched the outline, with a friendly and a just hand, of these events and qualities. To fill up that outline, and to give the details of that pic'ure which he has so beautifully presented, would require a time and an opportunity which the present sudden and melancholy cccasion does not prevent. He has done all which the occasion permits. He has presented the picture of a good man, and of a great man, rising to eminence by the exercise of virtue and talents, and dispensing private happiness in the family and social circle, while discharging the highest duties of the jurist, the statesman, and the patriot. He has done more: he has been able to present-the life of our deceased friend enabled him to present it-he has been able to crown the picture which he has drawn, with that feature without which all human character would be imperfect; he has been able to present him as a Christian. To this, said Mr. B. I can have nothing more, on this occasion, to add; and, therefore, fulfil my purpose in rising, by se、 conding the motion which has been made to bestow our last honors on the memory of our deceased brother Senator, Jadge GRUNDY.

The resolutions were then unanimously adopted, and the Senate adjourned.

HOUSE OF REPRESENTATIVES,
TUE DAY, Dec. 29, 1840.

After the journal had been read,

Mr. GIDDINGS moved a reconsideration of the vote by which, on yesterday, the H use had passed the bill making appropriation for the payment of NAVY PENSIONS,

and which contained an amendment repcaling the act of 1837.

Mr. REED, after some ́preliminary remarks, moved a postponement of the subject until Tuesday next, in order that the bill might be printed, and an opportunity afforded to members to examine it.

Mr. F. THOMAS hoped that the motion to postpone would not be pressed, as the money appropriated in the bill would become due on the first of January.

Mr. ADAMS contended that the amendment repealing the act of 1837 was an inconsistency; for while the bill itself appropriated money to pay pensions under that act, the amendment took away the authority for paying them.

Mr. REED, at the suggestion of several members, withdrew the motion to postpone.

Mr. TILLINGHAST made some brief remarks in relation to certain specific abuses which he alleged existed in the navy pension system.

Mr. PICKENS said he had but a word to say. He thought, on yesterday, that he agreed with the gentleman from Massachusetts in respect to this law, and thought that he was following his friend from New York, [Mr. MONROE,] who so eloquently spoke of the trust fund being seized upon, which was set aside for specific purposes. He thought he was following these gentlemen for the repeal of the law; for it seemed unjust, and as he conceived, ought to be repealed. Now that act is repealed, (said Mr. P.) we find gentlemen who denounced this law, speaking against its repeal. He could not understand this system of legislation. If there were specific cases of injustice, as stated by the gentleman from Rhode Island, [Mr. TILLINGHAST,] let the chairman of the Committee on Naval Affairs bring in a bill to obviate them, and he would cheerfully vote for it. He believed that, to preserve the navy, we must preserve its honor.

The law, as stated by the gentleman from Massachusetts and the gentleman from New York, was unjust, and Mr. P. was for its repeal. It was by passing such laws that we struck at the honor of the navy, and the House did right in purging the statute book of the unjust law.

In case the House should refuse to reconsider the vote, he hoped the chairman of the Naval Committee would bring in a bill which would cover the whole matter, and do justice to widows and orphans.

Mr. SALTONSTALL, after a review of the origin of the navy pension laws, contended that the law of 1837 ought not to be repealed without proper notice being given to the persons receiving pensions under it. If the House thought proper to adopt a measure of this kind, he thought at least six months' notice ought to be given, as otherwise it would cause great inconvenience.

Mr. SHEPARD then took the floor, and was proceeding to vindicate his amendment, when

A message was received from the Senate, by their Secretary, who presented a series of resolutions adopted by that body, announcing the decease of the Hon. FELIX GRUNDY, a Senator from Tennessee, and paying a tribute of respect to his memory.

The resolutions having been read,

Mr. A. V. BROWN of Tennessee rose, and in a very impressive manner pronounced the following eulogium:

Mr. SPEAKER: The painfal annunciation which we have just heard, makes it proper that I should submit to the House the resolutions which I now send to your table.

It is true that the deceased, at the time of his death, was not a member of this House: but he was once a member of it; and the deep and inde. lible impress of his talents and patriotism, whilst he was here, the lapse of nearly thirty years has not been able to efface. What record in our archives does not tell of his great and invaluable services, in 1812, '13, and '14, when we declared and prosecuted with success "the second war of independence," against the proudest and strongest nation in the world? The bold and thrilling eloquence with which he urged this body to declare that war, and the readiness with which he voted for all the supplies, both of men and money, necessary to its prosecution, identified Mr. GRUNDY with the most illustrious patriots of that eventful period.

Were these his only services, a Nation's gratitude might still challenge at our hands, as well as from the body of which he was a member, some tribute of respect to the memory of one who was, at that period, so wise in council and so cminent in debate.

His public career commenced more than forty years ago, in the convention for revising the Constitution of Kentucky. He was then but twentyone or two years of age; but exhibited, during the

deliberations of that body, unerring evidence of his future usefulness and eminence.

He was afterwards, for six years, a distinguished and useful member of the Legislature of that State; losing nothing, by comparison, with any of those eminent lawyers and statesmen of which Kentucky has always been so prolific.

In 1806, he was elected one of the judges of the Supreme Court of that State, and was soon after appointed its Chief Justice, and discharged its duties with industry, impartiality, and distinguished ability.

In the winter of 1807-'8, he removed to Tennessee, and for several years devoted himself ex. clusively to the practice of his profession, in which he had but few equals, and certainly no superiors. To say this of any one who came in forensic collision with such men as JOHN DICKENSON, Judge HAYWOOD, JENKIN WHITE IDE, Judge OVERTON, and in later years with Judge CRABB and WILLIAM L. BROWN, is no ordinary praise. In criminal jurisprudence, even these claimed no competitorship with him; but he stood out in advance of all others, unrivalled as an able, eloquent, and successful ad

vocate.

He served in the Legislature of Tennessee, beginning in 1819, about the same length of time he had done in that of Kentucky-placing on her statute book some of her most valuable laws, and giving to her legislation, by his precepts and example, much of that moral tone and liberality of principle which now distinguishes it.

In 1829, Mr. GRUNDY was elected to the United States Senate, and commenced his labors in that body with the administration of General JACKSON. What his services to the country have been since then, either as a Senator or Attorney General, is too fresh in the recollection of all to need to be repeated on the present occasion. But the future history of this country (when that history can be written unbiassed by the party prejudices of the day) cannot fail to award to Mr. GRUNDY the highest meed of praise, of having been a safe and discreet Counsellor, an eloquent and efficient Senator, and an undoubted Patriot.

The loss of such a man, at any time, must be felt by the nation. At such a moment as the present, when America stands in need of all the talents and all the patriotism of all her most gifted sons his loss must be deeply felt, and deeply mourned? To his own State, that he so dearly loved, which had honored him so often, and whose recent confidence in him I know he was anxious to repay by the most devoted zeal and fidelity-to Tennessee, his loss must be almost irreparable. But, O God! what must it be to his bereaved family! To her, who has been the wife of his bosom from youth to oid age-from the days of his poverty to those of wealth and of fame!-to her, whom we (looking toward Mr. TURNEY) so lately saw watching by his side, with such conjugal affection, and such Christian hope!-what to her must be his loss! What to his children! But I forbear: I have no right to conduct you into "this house of mourning," whose agonized inmates must look to no earthly source for consolation in this sad hour of their bereavement and sorrow.

Mr. BROWN then sent to the Chair the following resolutions:

Resolved, unanimously, That as a testimony of respect for the memory of the Hon. FELIX GRUNDY, late a member of the Senate of the United States,

26TH CONG.........2ND SESS.

BY BLAIR & RIVES.

Continued from No. 4.

this House will go into mourning, and wear crape for thirty days.

Resolved, That as a further mark of respect for the memory of the deceased, this House do now adjourn.

The resolutions were adopted; and

The House adjourned.

NOTE-From the notice of the remarks of Mr. TILLINGHAST, in relation to the navy pensions on Friday, it may be inferred that he was opposed to the existing law of 1837, and for its repeal. Such was not his intention. On the contrary, he op. posed the repeal, and spoke against entertaining the section for its repeal as an amendment to the appropriation bill under consideration; considering it both irregular and unjust. He said if there were any specific abuse, as some gentlemen alleged, that could be traced to that law, rather than to other and specific legislation or to misconstruction, still this furnished no ground for a repeal of the whole law in this summary mode, providing no substitute, whereby the bread would instantly, without notice or preparation, be taken from the mouth of the des. titute widow and the orphan child of the gallant men whose fund we had taken as trustees, and were bound to administer for the purposes so dear to their hearts. He referred to specific instances of hardship and cruelty, as well as as gross injustice and impolicy, which the repeal would produce, and it was to these that Mr. PICKENS alluded in his reply. He contended for a reconsideration of the vote by which the House had repealed the act of 1837; having personally requested one or two friends, who had voted in the majority to move a reconsideration; and in the beginning and end of his remarks, maintained that the act of 1837 was a portion of a system honorable to the country, and due to the navy, and ought not to be repealed; but if the imperfections or abuses existed, they should be considered in the shape of a separate bill for their correction, which I was led to believe the Committee on Naval Affairs would ere long report.

IN SENATE,

WEDNESDAY, December 30, 1840.

The PRESIDENT submitted a communication from the Department of State, in answer to a resolution of the Senate of 23d inst. directing the Secretary of Ssate to communicate to the Senate the returns of the census of this year, so far as received into his office, giving only the aggregate of the population in each State or Territory, designating the number of whites, of free persons of color,and all other persons, in three separate columns, and stating how far the returns are incomplete in any State or Territory; which was laid on the table, and ordered to be printed.

Also a communication from the Treasury Department in answer to a resolution of the Senate of the 21st inst. requesting the Secretary of the Treasury to send to the Senate all the documents and papers relating to the reports of the different boards of commissioners acting under the act for the final adjustment of claims to lands in the State of Lou'siana, approved February 6, 1835; which was refefred to the Committee on Private Land Claims.

Mr. LUMPKIN presented the petition of Johnson K. Rogers; which was referred to the Committee on Indian Affairs.

Mr. SMITH of Connecticut presented the petition of the heirs of Silas Deane; which was referred to the Committee on Revolutionary Claims.

On motion by Mr. SMITH, the petition and papers of Warham Kingsley, now on file, were referred to the Committee on Pensions.

Mr. HUBBARD presented the petition of James Williams; which was referred to the Committee on Claims.

On motion by Mr. PHELPS, the petition and pa

TUESDAY, JANUARY 5, 1841.

-WEEKLY

ders of Hannah Smith, now on file, were referred to the Committee on Pensions.

Mr. BUCHANAN presented the petition of John Landis, praying that Congress may purchase certain pictures; which was referred to the Committee on Private Land Claims.

Mr. WRIGHT presented the memorial of a large number of citizens of Onondaga county, N. Y. praying for the passage of a general bankrupt law; which was referred to the Committee on the Judiciary.

On motion by Mr. WRIGHT, the petition of John Polhemus, now on file, was referred to the Committee on Claims.

Mr. LUMPKIN, from the Committee on the Post Office and Post Roads, to which was referred the bill for the relief of Avery, Saltmarsh and Co. reported the same without amendment.

Mr. BENTON, from the Committee on Military Affairs, to which was referred the bill for the relief of the corporate authorities of the city of Mobile, reported the same without amendment.

After some remarks by Mr. B. and on his motion, the bill, by unanimous consent, was considered as in committee of the whole, and ordered to be engrossed for a third reading.

Mr. B. from the same committee, to which was referred the bill making compensation to the State of Maine for the services of her militia, reported the same without amendment.

Mr. B. from the same committee, to which was referred the bill for the relief of certain companies of Michigan militia, reported the same without amendment.

Mr. LINN, from the Committee on Private Land Claims, to which was referred the petition of the heirs of Madam De Lusser, reported a bill for their relief; which was read, and ordered to a second reading.

Mr. L. also, from the same committee, reported the bill for the relief of Miguel Eslava without amendment.

Mr. L. also, from the same committee, to which was referred the petition of the legal representatives of Pierre Bonhomme, reported a bill for their relief; which was read, and ordered to a second reading.

Mr. PHELPS, from the Committee on Indian Affairs, to which was referred the petition of John Maxwell, reported a bill for his relief; which was read, and ordered to a second reading.

Mr. PHELPS, from the same committee, also reported a bill for the relief of Gurdon S. Hubbard, Robert A. Kinsey, and others; which was read, and ordered to a second reading.

On motion by Mr. PIERCE, the bill for the equalization of the pay of the army was taken up, and Mr. P. from the Committee on Military Affairs, having submitted an amendment thereto, the bill, as amended, was ordered to be printed.

Mr. ROBINSON, from the Committee on the Post Office and Post Roads, to which was referred a memorial from citizens of Missouri, praying for a change in the mode of carrying the mail on a certain route, asked to be discharged from its further consideration; which was agreed to.

Mr. R. from he same committee, reported a bill for the relief of Francis A. Harrison; which was read, and ordered to a second reading.

Mr. HUBBARD, from the Committee on Claims, to which were referred certain resolutions of the Legislature of Alabama, reported a bill authorizing the settlement and payment of certain claims of the State of Alabama; which was read, and ordered to a second reading.

Mr. HUBBARD, also, from the same committee, reported a bill for the relief of Joseph Paxton; which was read, and ordered to a second reading.

Mr. H. also, from the same committee, asked to be discharged from the further consideration of the memorials of John Pritchett and Thomas C. Hurdick; which was agreed to.

Mr. BENTON gave notice that, on some conve

VOLUME 9.........No. 5.

PRICE $1 PER SESSION.

nient day, where there was a general attendance of Senators, he would ask leave to introduce a bill to abolish the salt tax, and repeal the fishing bounties.

Mr. FULTON, in pursuance of previous notice, asked and obtained leave to introduce a bill for the relief of Samuel Norris and Frederick Saugrain, of Arkansas; which was read twice, and referred to the Committee on Public Lands.

UNIFORM BANBRUPT LAW.

Mr. CRITTENDEN, from the Committee on the Judiciary, to which was referred various memorials on the subject, reported a bill for the establishment of a uniform system of bankruptcy throughout the United States; which was read, and order to a second reading.

Mr. C. said this bill was similar in substance with the bill which passed the Senate at the last session. As prompt action on the bill was desirable, he wished to make such disposition of it as would enable the Senate to dispose of it at its earliest convenience. The bill was then, on motion by Mr. C. made the order of the day for the 7th of January.

Mr. NORVELL, from the Committee on Pub. lic Lands, to which was referred the bill to cede the public lands within the limits of the new States on certain conditions therein named, reported the same without amendment.

Mr. NICHOLAS gave notice that to-morrow he would ask leave to introduce a bill to authorize experiments to be made on the application of steam to harbor defence.

Mr. LINN gave notice that to-morrow he would ask leave to introduce a bill for the relief of Enoch Evans:

Mr. WALKER, in pursuance of previous notice asked and obtained leave to introduce a bill to rǝlinquish to the State of Mississippi the two per cent. which accrued upon her admission into the Union; which was read twice, and referred to the Committee on Public Lands.

Mr. W. from the Committee on Public Lands, to which was referred

A bill for creating a new land district in the State of Missouri, and for changing the boundaries of the Southwest and Western land district in said State;

A bill to authorize the Legislature of Louisiana to sell the lands heretofore appropriated for the use of schools within that State;

A bill to authorize the Legislature of Tennessee to sell the lands heretofore appropriated for the use of schools within that State;

A bill to confirm the survey and location of claims for lands in the State of Mississippi, east of Pearl river and south of the 31st degree of north atitude;

reported the same without amendment.

Mr. TALLMADGE submitted the following resolution for consideration:

Resolved, That the Secretary of the Treasury report to the Senate a list of the drafts drawn by the Treasury Department, or by its order, that-be, tween the 28th day of February, 1839, and the 4th day of July last, and also since the 4th day of July last-have been protested for non-payment, or that have been presented for payment, and remain unpaid; exhibiting, in a tabular form, the date of suck draft; the names of the payees; the names and office of the drawees; the place where payable; the time when payable; the amount; the time when presented; and the time when protested.

CHARTER OF THE CITY OF WASHINGTON.

Mr. MERRICK submitted a motion directing the Secretary of the Senate to cause the bill to amend and continue in force the acts to incorporate the inhabitants of the city of Washington, which was some days since referred to the Committee on the District of Columbia to be published in the daily newspapers of the city. His object in making the motion was to give the citizens who were so much interested in the matter an opportunity of examining the bill, and enable them to sug.

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