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tity thereof, not exceeding one half section, or 320 acres, including the place of settlement, at the minimum price of $1 25 per acre; with such provisions as shall limit this right of settlement and pre-emption to actual bona fide settlers whose es tate, at the time of settlement, shall not exceed the value of $1,000; and, furthermore, with such pro visions as shall effectually exclude the wealthier speculators from all benefit under this law, and shall prevent them from interfering with, or participating in, the privilege and right of settlement and pre-emption, which are hereby granted and intended for the sole advantage of the needy and honest settlers and cultivators of the soil.

Mr. LINN then gave notice that he should move an amendment to the amendment of the Senator from Kentucky, for the purpose of appropriating the proceeds derived from the sale of the public lands, to increase the national defences. He hoped both his amendment and that of the Senator from Kentucky would be voted down; but he would move as often as this question came up, to apply the money to the protection of their frontier, both maratime and inland, from aggression in all future time.

Mr BENTON said the proposition of the Senator from Kentucky was based on the one which there was no difficulty in comprehending. But the Senate and the country, from the first of the present session, had been told of the existence of a national debt which that Senator and his friends affirmed did exist, but which he (Mr. BENTON) and his friends denied. The Senator bad his thanks nevertheless, for coming forward with this proposition so openly: it was an intimation of the policy of the new Administration-of their intention to add to the national expenditures, to restrict the income of the country, and then to have recourse to a high tariff. He deemed this the opening up of the whole policy of the new Administration, and he was not willing to vote on it now, if they could decide against it by forty to one; he wished that policy to be laid open to the view of the people of the United States, and he only roze now to thank the gentleman for his declarations of yesterday and to-day-of yesterday, in favor of a National Bank, and to-day, on the subject of the land revenue, by which three or four millions would be diverted from the national income, and would have to be made up by loans and taxes. He (Mr. B) again thanked the Senator-they should now have a fair contest and no "bush whacking." They (Mr. BENTON and his friends) would go to the contest with the opposite gentlemen, aud they should see whether a national debt should be created, but which the Senators on the other side said did now exist, which he (Mr. BENTON) denied, and they should see whether so large a sum should be withdrawn from the public revenue. He once more thanked the honorable Senator, and promised him that he would be met in the coming contest.

Mr. CRITTENDEN had intended nothing more on this occasion than to give gentlemen notice that such a motion would be made, and he had not supposed that it would now be debated. The honorable Senator from Missouri was perfectly welcome to all he could derive from it. He (Mr. CRITTENDEN) had always looked upon himself as too humble an individual to have any great importance attached to any movement of his, and perhaps for that reason he had always been prompt and ready-perhaps too prompt, on some occasions-to express his opi nions, whatever they might be. They were al ways such as he believed to be right, and therefore he was always ready to maintain them, in any contest. The proposition which he had just offered, was a plain proposition; he had no secret on this subject; what he was for he was for always, and was always ready to proclaim. He had received the thanks of the Senator from Missouri, but he feared he was reaping a reward far beyond his merits. The question of a distribution of the public lands among the States was no new question; it had once received the sanction of both branches of Congress, and the circumstances connected with the defeat of that bill were notorious; but the States continued to cling to that measure. The Legislature of his own

State had given him instructions on that question; and he had no doubt-if his opinions on that subject were less firm, he should consider those in. structions imperative. But he would not now debate the question; he would content himself with simply giving notice to gentlemen of his proposition, and the debate could follow when the proposition came up for consideration.

Mr. BENTON repeated the expression of his thanks, if the Senator from Kentucky would ac cept them, for the notice he had given them. Yet, for one, he (Mr. BENTON) wanted no notice to be prepared to meet such a proposition. The gentlemen opposite had intimated their intention to detect and expose to the country, after the 4th of March next, a debt of twenty-seven and a half million of dollars, and they had been calling upon the support. ers of the present Administration to tax French wine and silks-they had heard too often here these propositions for the purpose of making up a deficient revenue-it was a proposition to disturb the course of business and commerce, for the purpose of supplying a deficiency in the revenue which could not endure a moment's delay. It was to no purpose that the estimates were confined within the appropriations for the year; the gentlemen still said they must have taxes to create an income, and if they were not gratified, the present Administration was to take the odium-should he limit himself to the word odium?-to the odium of having rendered it necessary to call an extra session of Congresss immediately. And while they were met with the threatened odium of an extra session of Congress to supply a deficient revenue, here came a proposition to take off three and half millions on which reliance was placed to carry on the Government. He again thanked the Senator for showing his hand so openly, and for the intimation that the new Administration was to commence at once the creation of a national debt, by subtracting from the revenue, with the re-establishment of that state of things by which the commerce of the country was loaded down by taxation; and that was to be followed up by the establishment of a Bank, to exercise an influence all over the country. He would tell that honorable Senator that a new National Bank could not be created without a National Debt, whose stock must be sold to make the capital for the Bank; he would tell the Senator from Kentucky he could not move an inch towards a new National Bank without the creation of a National Debt. He hoped, however, that his friends would put off measures of this kind to that called session of which they had been notified on that floor; for he informed gentlemen if they diverted the land revenue, and went beyond the current income, they would have to come together, which he (Mr. BENTON) should do all he could to prevent, and he should do that by doing all he could to prevent the expenditures exceeding the estimates-by preventing the appropriations going beyond the current revenue. Let the new Administration call Congress together to make good the deficiency in the revenue occasioned by their own extravagant expenditures, and be (Mr. BENTON) would thank them for the day on which they issued their proclamation.

Mr. CRITTENDEN would extend his claim to the gratitude of the Senator from Missouri, by the further avowal that he should be in favor of such an additional imposition of duties as will supply an adequate revenue to the Government.

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Mr. CALHOUN said it was evident this debate would take a wide range, and would bring the whole subject of the public lands before the Senate; he rose to give notice that he would move, as amendment to the amendment of the Senator from Kentucky, a bill to cede the public lands within the limits of the new States on certain conditions therein meutioned.

[This bill will be found in another column, appended to the report made by Mr. NORVELL.]

The amendment proposed by Mr. CRITTENDEN was then ordered to be printed.

The Senate then went into Executive session, and, after half an hour spent therein, the doors were again opened.

NORTHEASTERN BOUNDARY. Mr. WALKER submitted the following resolution for consideration:

Resolved, That the Committee on Foreign Relations be instructed to inquire into the expediency of causing to be procured and submitted to the Senate, copies of the debates in the British Parliament, prior to the year 1820, in relation to the Northeastern boundary of the United States, and copies of land titles emanating from the British Government repugnant in the calls of said titles to the boundary now claimed by said Government.

Mr- PRESTON objected to the adoption of the esolution, as presenting us in the aspect of regulating our proceedings by British legislation.

Mr. CRITTENDEN would suggest whether it might not be possible that these debates made against our claim to the territory in dispute, and, if so, would it not, instead of strengthening, weaken the position we at present occupied in relation to the matter?

Mr. WALKER said, the resolution was one of inquiry only, the propriety of which would be decided on by the appropriate committee. If that committee, upon mature deliberation, conceived the inquiry to be important, it would be made; and in sub.nitting this resolution, he desired only to call their attention to the subject. Mr. W. said, he had read one of these debates of the British Parliament, and conceived it to be of the utmost importance, and that it ought to be published in an official form for the information of the people of England, of the people of the British provinces, of theflpeople of the United States, and of the civilized world." In that debate, the boundary line, as now claimed by Great Britain, was distinctly repudiated by both branches of the British Parliament, and by both parties, the Opposition and the Ministry, in a debate, too, cotemporaneous with the treaty of 1783. Mr. W. also believe that land titles had emanated from the British Government, directly contradictory in the calls of those titles, to the boundary now claimed by England, and he thought the whole subject of sufficient importance to claim the attention of the Committee on Foreign Relations.

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Mr. WEBSTER said he agreed with the Senator from Mississippi [Mr. WALKER] as to the importance of these documents in shedding light on the true intent and meaning of the treaty of 1783, in relation to the boundary between the United States and the British Provinces. It clearly established, in his mind, that the ty pursued the old boundary, as established by the charter of the colony of Massachusetts, and that the northwest corner of Nova Scotia was the starting point. There was also an important admission made by the then Lord Chancellor to the attacks of some of the Opposition members of Parliament. They denounced the treaty as granting a large territory to this country, the possession of which was necessary to the convenience and safety of their Canadian provinces. To this it was replied by the Lord Chancellor that there was nothing of grant on either side, but they had taken the boundaries as they had been previously established, and that no treaty could have been made upon any other terms. Throughout the whole of these debates, indeed, there is a broad admission by all parties of what this country has always claimed as the boundary between this country and the British Provinces.

Mr. BUCHANAN said that as this resolution was one of mere inquiry, it might appear discourteous towards his friend from Mississippi [Mr. WALKER] to oppose its adoption, and he should do so with great reluctance. If it were pressed, he would, therefore, probably vote for it, although it appeared to him to be a singular duty to impose on the Committee of Foreign Relations. Unquestionably the debate in the British Parliament, to which it referred, was one of great importance. It proved that shortly after the original treaty was concluded, British statesmen of all parties agreed that the line designated by it included within the limi's of the United States the territory now in dispute between the two Governments. But why should the Senate be made he instrument of communicating this debate to the public? Such a course was unprecedented, so far as his knowledge extended. This was information proper for the

public, and it might be communicated, like all such information, through the agency of the public press. He thought this would be the best and most appropriate course; and unless his impressions should change, he would act upon this opinion, as a member of the Committee on Foreign Relations, should the resolution be adopted.

He was glad of the present opportunity of saying a few words on another branch of the subject. It had been expected by some persons that the report of Messrs. Mudge and Featherstonhaugh would be noticed by the Committee on Foreign Relations. That report was a tissue of sophistry from first to last, which might be easily exposed; but so far as his information extended, it had never been officially recognised by the British Govern. ment. In this state of the case he did not believe it ought to be made the subject of any report from the Committee on Foreign Relations, and therefore he had never called the attention of the committee to it. Besides, it was well understood that negotiations were now pending, and were nearly brought to a happy conclusion, for referring the final decision of this question to commissioners mutually chosen by the two Governments, with such an ultimate provision, in case of their disagreement, as must settle the question. Under these circumstances, he thought it would be improper for the Senate to interfere.

Mr. ALLEN said he was opposed to the adoption of this resolution. What was its object? To procure testimony in support of our claim to the territory embraced by the limits of Maine. He was opposed to this. So long as we debated, so long as we gave opportunity for cavil on this subject, so long would Great Britain protract its settlement. There is a point at which this matter must stop; where we must put our foot, and say, this ad. mits of no further discussion. The British Go vernment have just as much right to lay claim to the District of Columbia as any spot claimed by the United States. Suppose that Government should lay claim to this territory upon which we are now holding our deliberations, and we should undertake to argue the matter, and to hunt up documentary testimony to establish our claim, and we should pursue this course for a series of years, why, we should soon be as much at sea as we are at present in regard to the Northeastern boundary line. The great fault in this matter was in permitting it to be a subject of controversy. We should have placed ourselves on the line, as called for by the treaty of 1783, and we should have said to Great Britain, you cannot be serious or honest in attempting to make it a subject of discussion. Moot this question of title, and go in quest of evidence to support it, and you postpone its settlement in definitely. So long as you keep the ques tion open, Great Britain will use the argument that she is nearer to this territory than we are; at least her effective power, which she is constantly increasing, is nearer. Mr. A. said he considered this question as settled, so far as this bo ly was concerned. It was set led by a unanimous vote of the Senate, who, though rent by the diversities of political feeling, excited by a contest which had raged through the course of twelve years, yet on this subject they had gone shoulder to shoulder, and, by a unanimous vote, had said this question, so far as we are concerned, is settled and determined; and there he was disposed to leave it. Mr. A. said there were troubles ahead. It was evident, from the conduct of her Minister on a recent occasion, that Great Brition, so far from a wish to have this affair promptly and amicably settled, was endeavoring to get up other questions of embroilment. He hoped the Senate would not again open this subject of the Northeastern boundary. We bad already decided, by a unanimous vote, that our claim was right, and we will, if necessary, support it.

Mr. CLAY of Kentucky said the motion was to adopt a resolution to print certain debates of the British Parliament in relation to the boundary between the States and the British provinces. What was the present condition of the boundary question? It is the subject of negotiation. The diplomats are now acting on it and acting on it, as he was informed, in a spirit worthy of the enlightened Go

vernments interested in the question, and the liberal and benevolent spirit of the age in which we live. Why then should we interfere? If the diplomats want these papers to enlighten them on the subject of their deliberations, they undoubtedly can have access to them in the libraries of this country or of Europe. He would say, without intending to cast reflections any where, that since 1815, the Executive action of the Government on this question had been much impaired by extraneous action. He referred to the report recently made by Messrs. Mudge and Featherstonhaugh as not having been adopted by the British Government; and sail that it had been ably answered by a gentleman of this country, (Mr. Gallatin,) whose information on this subject was unsurpassed, if equalled, by any one on this continent. Mr. C. referred to the recent correspondence between the Secretary of State and the British Minister, in reference to McLeod, and said that the language used by Mr. Fox was such as should not have been used without instructions from his Government. He understood that the whole correspondence on the part of that Minister was without instructions, and he was not going to put himself in a passion on account of language used by a Minister under such circumstances. The affair of the Caroline was one of much delicacy; and it remains to be seen whether the order by the British authorities to capture the vessel was not intended to be limited to the waters over which they had jurisdiction, which might have been justifiable, but her capture and destruction at Fort Schlosser, on cur own shore, was another

and a very different matter. He wished this ques tion to rest at present where the Constitution had placed it, in the hands of the Executive. Should it fail to be settled by negotiation, and was brought before us for cur action, that course would be pursued which was dictated alike by the honor and interest of our country. And if collision should unfortunately ensue, he would not be hindmost in the defence of American rights, who, before that collision comes, is the most cool, and the most open to reason. He concluded by expressing his opinion that the idea of the probability of a rupture with Great Britain was entirely unfounded.

Mr. WALKER said, whatever opinions others might entertain in regard to this boundary controversy, there was one in which he had hoped that all would concur; and that was, that if war must come, we should have done all in our power to demonstrate, both to friends and fees, that the right of the case was with us, and not with Great Britain. Mr. W. said that before any conflict ar se, he was in favor of demonstrating those rights; not by bold assertion or declamation; not by unmeaning me. nace, in advance, perhaps, of any real necessity; but by the publication of important documents, in an authentic form, containing the undeniable proof of the justice of all our claims, as conceded at one time by our opponents. This was a document that ought to be known to every citizen of the Union, and Mr. W. was especially desirous that it should be in the hands of all his constituents, that when (if ever) they should be called upon to expend their blood and treasure in maintaining the just claims of a sister S ate, they might know that those claims had been acknowledved by both parties and both houses of the British Parliament in 1783. Mr. W. said he was also desirous that this important debate might be published in an official form, in which it might reach the people of Canada; for he (Mr. W.) knew, from travelling through Upper and Lower Canada last summer, that the authenticity of this debate was denied there throughout both Provinces, and that much delusion prevailed, which might, in part, be dissipated by this publication. As, however, it was now la'e, Mr. W. would move for the present to lay the resolution on the table.

The resolution was accordingly laid on the table. And the Senate adjourned until Monday next.

HOUSE OF REPRESENTATIVES, FR DAY, January 8, 1841. Mr. EVERETT asked the general consent of e House, to introduce the following resolution:

"Resolved, That the Committee on Revolutionary Pensions be instructed to inquire into the expediency of continuing, for the term of five years, the pensions allowed under the "act granting half pay and persions to certain widows," passed July 7, 1838.

Objection being made,

Mr. EVERETT moved to suspend the rules, and thereon called for the yeas and neas.

After some conversation between Messrs. TALIAFERO, GALBRAITH, and EVERETT,

The yeas and nays were ordered, and resultedyeas 99, nays 53-not two-thirds-as follows:

YEAS-Messrs. Adams, J W. Allen, Andrews, Atherton, Baker, Beirne, Blackwell, Boardman, Bond, Breckenridge, Briggs, Brockway, Burke, Calhoun, Carr, Chinn, Chittenden, Clifford, Cranston, Crockett, Curtis, Cushing, Dana, Thomas Davee, Edward Davies, John Davis, Garrett Davis, Dellet, Earl, Edwards, Ely, Evans, Everett, Fillmore, Fornance, Galbraith, Gentry, Giddings, Goode, Granger, Hall, Hand, Henry, Hill of Va, Hook, James, C. Johnston, Joseph Johnson, W. C. Johnson, Kempshall, Lane, Leonard, Lincoln, Lowell, McCulloch, Marchand, Marvin, Mason, Monroe, Morrow, Nisbet, Osborne, Parmenter, Paynter, Peck, Pope, Prentiss, Randall, Rariden, Reed, Reynolds, Ridgway, Edward Rogers, Russell, Ryall, Saltonstall, Sergeant,, Shaw, Slade, Albert Smith, John Smith, Thomas Smith, Stanly, Steenrod, Strong, Stuart, Tillinghast, Toland, Triplett, Trumbull, David D. Wagener, Weller, John White, Jared W. Williams, Thomas W. Williams, Henry Williams, Joseph L. Williams, Christopher H. Williams, and Winthrop-99.

NAYS-Me-srs Banks, Black, Boyd, Aaron V. Brown, Albert G Brown, Sampson H. Butler, Carroll, Casey, Coles, Connor, Crabb, Cross, John W. Davis, Dawson, D ckerson, Fisher, Floyd, Garland, Green, Griffin, Habersham, Hawes, Hubbard, Jackson, Jameson, Cave Johnson, John W. Jones, Kille, Leadbetter, Lewis, Lucas, McClellan, McKay, Francis Mallory, Miller, Montanya, Montgomery, Pickens, Samuels, Shepard, Sumter, Swearingen, Taliaferro, Waddy Thompson, Jacob Thompson, John B. Thompson, Turney, Underwood, Vanderpoel, Warren, Watterson, and Lewis Williams-53. So the rules were not suspended.

Mr. POPE gave notice that he would, on tomorrow, or on some subscquent day, ask leave to introduce a bill to extend the provisions of an act supplementary to an act for the relief of certain surviving officers and soldiers of the Revolution, approved the 7th day of June, 1832.

REPORTS FROM COMMITTEES. Mr. CASEY, from the Committee on Public Lands, to which was referred Senate bill, No 23. entitled "An act to authorize the inhabitants of township eight north, range thirty two west, in the State of Arkansas, to enter a section of land, in lieu of the sixteenth section in said township, upon condition that the same is surrendered to the United States, for military purposes," made a report thereon, with a recommendation that it do not pass.

Mr. J. W. WILLIAMS, from the Committee of Claims, made an unfavorable report upon the petition of the widow of Herbert Lacroix, de. ceased; which report was ordered to lie on the table.

On motion of Mr. CARR, the Committee on Revolutionary Pensions was discharged from the further consideration of the petition of Joseph McMillen.

Mr. C. MORRIS, from the Committee on Invalid Pensions, made an unfavorable report on the petition of Mary and Elizabeth Odell; which was laid upon the table.

Mr. M. also reported

A bill for the relief of John E. Wright;
A bill for the relief of Isaac Justice; and

A bill for the relief of Jacob Euler, accompanied by a report in each case; which bills were severally read a first and second time, and committed to a Committee of the Whole on the state of the Union. STEAMBOAT DISASTERS.

Mr. UNDERWOOD, from the Select Committee on the subject, to whom had been referred the petition of John Coates and others, relating to

steamboat disasters, and the means of their prevention; and likewise the report and bills submitted at the last session by the Select Committee to whom the petition of Samuel Raub, jr. relative to his selfacting safety valves, was referred, reported that they had adopted the report, and the bills submitted by the Select Committee during the last session, as follows:

A bill to provide for purchasing the patent for Raub's self-acting safety-valve;

A bill to authorize the President of the United States to employ persons to construct apparatus with a view to extinguish fires on board steamboats, and to test its utility.

A bill to amend the act entitled "An act to provide for the better security of the lives of passengers on board of vessels propelled in whole or in part by steam," approved July 7, 1838, and for other purposes.

The committee recommended the adoption of the following resolution:

Resolved, That the bills herewith presented shall be considered on the --, and made the special order on that and each succeeding day until disposed of.

After some debate of a desultory character the blank was filled by inserting "25th day of January instant;" and the resolution, as amended, was then adopted.

THE AMISTAD.

Mr. CURTIS, from the Committee on Commerce, reported a bill entitled "An act to authorize the enrolment or register of the schooner Amistad." It was read twice; when

Mr. CURTIS explained that the Amistad was condemned, and afterwards sold by the Marshal, under an order of the District Court, for the salvage. But the individual who purchased the vessel, after becoming in possession of her, discovered that she, having been built abroad, could not be enrolled. An act of Congress, therefore, became necessary; and he (Mr. C.) hoped the bill would be passed forthwith, as she was now waiting to go

out.

Mr. PICKENS objected to the passage of the bill at this time. A case in relation to the vessel in question was now pending in the Supreme Court of the United States; and he hoped the bill would not be put on its third reading until the decision of that Court should have been made.

Mr. CURTIS explained that the passage of the bill could in no way affect any proceedings of the Superior Court. The proceedings in the sale of the vessel had been all regular. The vessel was condemned and ordered to be sold under an order of the District Court, and was purchased by the present owner. He (Mr. C) hoped that no objection would be made to the passage of the bill, as it was nothing more than an act of justice to the purchaser.

Mr. PICKENS still objecting,

Mr. CURTIS moved a suspension of the rules for the purpose of putting the bill on its third reading; which motion was agreed to.

The bill was then read a third time and passed.
PRIVATEER PENSION FUND.

Mr. SALTONSTALL submitted the following, which was agreed to:

Resolved, That the Secretary of the Navy be di rected to communicate to this House what amount of money was received by the United States under the act of June 26, 1812, and the act of February 13, 1813, providing that two per cent. of the nett amount of prize money arising from captures made by the private armed vessels of the United States be set apart as a pension fund, as set forth in said acts. Also,to report whether the same, or any and what part thereof, was invested; and if so, in what stocks or seaurities; and at what prices the said investments, and also the sales thereof, were made. And also to report when the said pension fund became exhausted, and how much of the same, or the proceeds arising therefrom, was paid to persons other than those for whose use the said fund was pledged by the said acts, and under and by virtue of subsequent acts.

JUSTICES OF THE SUPREME COURT. Mr. CRABB submitted the following, which was agreed to:

Resolved, That the Committee on the Judiciary be instructed to inquire and report whether it be legal for justices of the Supreme Court of the United States to reside out of the limits of the circuit court to which they are respectively assigned; and, if it be legal, to inquire into the expediency of prohibiting by statute such residence.

On motion of Mr. WINTHROP, it was Resolved, That the Committee on Commerce be instructed to inquire into the expediency of making the same provision for the payment of the arrears of their salaries to the clerks in the custom house at Boston, which has been already made in behalf of the clerks in the custom-houses at New York and Philadelphia.

Mr. WADDY THOMPSON submitted the following:

Resolved, That the Secretary of the Navy be requested to communicate to this House the proceedings of the Naval Courts Martial for the trial of Commander Joseph Smoot, and Lieutenants Joseph Stallings and J C. Sharpe.

Mr. KEMBLE proposed to add the following: Also, all copies of the General orders in the cases of Lieutenants Sharpe and Stallings; exhibiting the reasons for confirming the decision of the court martial in the one case, and modifying it in the other.

The amendment was agreed to, and the resolution as modified was then adopted.

PUBLIC LANDS.

Mr. MONTGOMERY submitted the following: Resolved, That the Secretary of the Treasury be instructed to communicate to this House the whole amount of public lands belonging to the United States, designating the amount in each State and Territory; the amount purchased in each year, and under each Administration; the amount of payment therefor; the amount surveyed, that has been offered at public sale and not sold; the amount sold in each year at public sale, and the amount sold at private sale; the amount of cash received in each year for lands; the amount of land given to each State and Territory, for all and every purpose; with the amount of cash paid each State out of the sales of public lands within her Territory.

Objection being made, it was laid over one day, under the rule.

Petitions were presented, on leave, by Messrs. GRINNELL, W. C JOHNSON, PARMENTER, DOAN, SALTONSTALL, and STRONG.

[Mr. STRONG presented a petition of inhabitants of Seneca county, New York, praying for the passage of a general bankrupt law; which was referred to the Committee on the Judiciary]

On motion of Mr. STANLY, the bill entitled "A bill to pay the fourth instalment to the States," was ordered to be printed.

The bill for the relief of John J. Roane, a clerk in the Patent Office, was then taken up, the ques tion being on its passage.

After a few remarks from Messrs. WISE and HOPKINS, as to the merits of the bill,

Mr. HOPKINS called for the yeas and nays, which were ordered, and were as follows:

YEAS-Messrs. John W. Allen, Boardman, Calhoun, Carr, Chinn, Connor, Craig, Cranston, Crary, Garland, Francis Mallory, Marchand, Mason, Reynolds, Ridgway, Taomas Smith, Taliaferro, Christopher H. Williams, and Wise-19.

NAYS-Messrs. Adams, Alford, Judson Allen, Andrews, Atherton, Banks, Beirne, Black, Blackwell, Bond, Boyd, Breckenridge, Brewster, Briggs, Aaron V. Brown, Albert G. Brown, Burke, Sampson H. Butler, Wm. O. Butler, Wm. B. Campbell, Carroll, Casey, Chittenden, Clifford, Coles, Crabb, Cress,Cushing, Dana, Edward Davies, John Davis, Garrett Davis, Dawson, Deberry, Dellet, Doan, Doe, Doig, Duncan, Earl, Eastman, Edwards, Evans, Everett, Fillmore, Fine, Fisher, Fioyd, Fornance, Galbraith, Gates, Giddings, Goggin, Goode, Gras ham, Granger, Green, Griffin, Grinnell, Habersham, Hall, Hand, John Hastings, Hawes, Hawkins, Henry, Hill of Virginia, Hill of North Carolina, Hoffman, Holmes, Hopkins, Hubbard, Hunt, Jackson, James, Jameson, Charles Johnston, Jeseph Johnson, William Cost Johnson, Cave Johnson, Kemble, Kempshall, Kille, King, Leonard, Lincoln, Lowell, Lucas, McClellan, McCulloch,

McKay, Marvin, Medill, Miller, Montanya, Montgomery, Morgan, Morrow, Newhard, Nisbet, Osborne, Palen, Parmenter, Paynter, Rariden, Rayner, Edward Rogers, Jas. Rogers, Russell, Ryall, Saltonstall, Samuels, Shaw, Shepard, Slade, Albert Smith, John Smith, Stanly, Starkweather, Steenrod, Sweney, Waddy Thompson, Jacob Thompson, John B. Thompson, Tillinghast, Toland, Trip-' lett, Trumbull, Turney, Underwood, Warren, Watterson, Weller, Wick, Jared W. Williams, Thomas W. Williams, Henry Williams, Lewis Williams, Joseph L. Williams, and Winthrop-140. So the bill was rejected.

The bill for the relief of Mary Tucker was then taken up, and ordered to be engrossed for a third reading.

Mr. TURNEY moved to adjourn.

On this motion the yeas and nays were demand. ed; and being ordered, were taken, and resulted as follows: Yeas 19-nays 116

So the House refused to adjourn.

The House then resolved itself into a Commit. tee of the Whole (Mr. BRIGGS in the Chair,) and after some time spent therein, reported

The bill for the relief of Benjamin Adams and Company, and others; and

The bill for the relief of Nathaniel Goddard, and others; the former without amendment, and on the latter asking leave to sit again. The House then adjourned.

HOUSE OF REPRESENTATIVES, SATURDAY, January 9, 1841. Mr. LINCOLN on leave, introduced the following resolution, which was agreed to:

Resolved, That the Secretary of the Treasury be directed to furnish to this House a statement of the quantity of the public lands claimed to be purchased by pre-emption, under the several acts of Congress granting pre-emption to settlers on the public lands, distinguishing those under the act of Congress passed the 221 day of June, 1838, entitled "an act granting pre-emption rights to settlers on the public lands," and also under "the act supplemental to the act" aforesaid, passed on the 1st day of June, 1840. And of the amount of money received into the Treasury, from the res pective lands offices in the several land districts in which the public lands are situated. And that he also inform the House what number of patents to purchasers of the public lands, who have duly and legally made entries of the same, and paid the purchase money therefor, are suspended by reason of the operation of the aforementioned acts, and upon what cause, and for what time, such patents are to be withheld, and whether, in any event, the United States are made liable to refund to the persons who are permitted to make such entries, the purchase money paid therefor.

Mr. GIDDING asked leave to submit the following resolution:

Resolved, That hereafter the daily hour of meeting of the House be 11 o'clock, a. m.

Objection being made the, resolution was not received.

Mr. JONES, from the Committee on Ways and Means, reported a bill entitled "An act authorizing the issue of Treasury notes;" which was read twice, when,

Mr. STANLY called for the reading of the bill.

It was then read as follows:

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assem led, That the President of the United States is hereby authorized to cause Treasury notes to be issued for such sum or sums, as the exigencies of the Government may require; but not exceeding the sum of five millions of dollars, of this emission outstanding at any one time-to be reimbursed in the last quarter of the year, if the condition of the Treasury will permit it-and to be issued under the limitations and other provisions contained in the act entitled "An act to authorize the issuing of Treasury notes," approved the twelfth day of October, 1837; and as modified by an act entitled "An act additional to the act on the subject of Treasury notes," approved the 31st day of March, 1840,

except that this law shall expire in one year from and after its pasage.

The bill was then referred to a Committee of the Whole on the state of the Union, and, with the accompanying documents, ordered to be printed.

Mr. W. O. BUTLER, from the Committee on Military Affairs, reported a bill for the benefit of Littlejohn Wilkins, John Lynch, William P. Ford, and Alexander H. Patrick; which was read a first and second time, and committed to a Committee of the Whole on the state of the Union.

Mr. EDWARDS, from the Committee on Invalid Pensions, reported a bill for the relief of Randolph Carter; which was read a first and second time, and committed.

Mr. STANLY, from the Committee on Expenditures on the Public Buildings, reported the following resolutions, which were adopted:

Resolved, That the Committee on Expenditures on the Public Buildings have power to send for persons and papers.

Resolved, That neither the President of the United States, nor any other officer of the General Government, shall issue certificates or due bills, or other evidences of debt or contract, without authority of law.

Mr. ADAMS called up for consideration the following resolution, offered by him on the 23d December last:

Resolved, That the Postmaster General be directted to report to this Honse the names of all the postmasters throughout the Union who have been removed from office since the 31 day of March 1829, with the names of the persons appointed in their places; underscoring the names of all those removed for official delinquency or misdemeanor, and specifying the nature thereof, the complaint upon which the removal was made, the evidence in support of such complaint, and whether the officer removed was made acquainted with the complaint, confronted with his accuser, or allowed to be heard in his defence.

Mr. HOPKINS submitted the following amend.

ment:

1. Resolved, That the power of removing officers is vested in the President of the United States.

2. Resolved, That this power was conferred to enable him, the Executive, "to take care that the laws are faithfully executed," and cannot be exercised arbitrarily or capriciously, without an abuse of power, tyrannical in its operation, corrupting in i's tendency, and converting a remedy for unworthiness and misconduct into a terrible engine of Executive power.

3. Resolved, That the patronage of the Executive department has increased to an alarming extent, and ought to be restricted and diminished so far as is compatible with a safe and faithful execution of the laws.

4. Resolved, That it is the right of the representatives of the people to examire into all abuses and usurpations which may be apprehended to exist in any of the Executive departments, in order that they may be corrected and prevented, if possible, by legislation; and in flagrant and wanton cases, exposed and punished.

5 Resolved, That the power of appointment and of removal from office, vested in the Executive, may be greatly abused; and its exercise ought, therefore, to be watched and strictly guarded, so as, if possible, "to prevent the power and patronage of the Executive from being brought into conflict with the freedom of elections."

6 Resolved, That the representatives of the peo. ple have a right to inquire into the causes for which any Executive officer has been removed or dismissed from office by the Executive.

7. Resolved, That, in prosecuting such inquiry, the House of Representatives has a right to call for, and have furnished to it, all official documents, papers, and letters, relating to the removal of such officer, which may be on file among the records of any of the Executive Departments.

8. Resolved, That a Select Committee be ap. pointed, whose duty it shall be to inquire and report a bill imposing such restrictions upon Executive patronage as may be consistent with the foregoing resolutions, and compatible with the Constitution

of the United States, and so as more effectually to guard against abuse and corruption in the exercise of the power of removal from, and appointment to, office.

Mr. CAVE JOHNSON, after some brief remarks in relation to the short time now remaining of the present session, moved to lay the whole subject on the table.

Mr. ADAMS contended that the amendment was incongruous with the original proposition. He wished to know if the gentleman from Virginia intended, by his amendment, to crush the resolution. He (Mr. A.) did not believe the amendment was in order.

Mr. HOPKINS disavowed any intention to crush the resolution by his amendment. The amendment was intended to act prospectively, and to prevent the occurrence of such alleged abuses in future.

After some further remarks from Mr. ADAMS, in which he made his objection a pint of order, and which took precedence of the motion to lay on the table,

The SPEAKER decided that the amendment was in order.

Mr. ADAMS appealed from that decision. Mr. BANKS, believing that no good was likely to arise from discussion, whether the amendment was in order or not, moved to lay the appeal on the table.

Mr. ADAMS, on this motion, demanded th yeas and nays, which being ordered, were taken, and resulted as follows: yeas 95, neas 80.

So the appeal was laid on the table. The question then recurring on the motion to lay the whole subject on the table, the yeas and nays were ordered, and taken as follows:

YEAS-Messrs. Judson Allen, Atherton, Banks, Beatty, Beirne, Blackwell, Boyd, Brewster, Aaron V. Brown, Albert G. Brown, Burke, Sampson H. Butler, Will am O. Butler, Carr, Carroll, Clifford, Coles, Connor, William R. Cooper, Craig, Crary, Dana, John Davis, John W. Davis, Dickerson, Doan, Doig, Ear', Erstman, Ely, Fine, Fletcher, Floyd, Fornance, Galbraith, Hand, John Hastings, Hawkins, Hill of N. C. Hook, Hubbard, Jackson, Jameson, Joseph Johnson, Cave Johnson, Kille, Leadbetter, Leet, Lowell, Lucas, McClellan, McCulloch, McKay, Marchand, Medill, Miller, Montanya, Montgomery, Samuel W. Morris, Newhard, Parrish, Parmenter, Parris, Prentiss, Reynolds, Rives, Edward Rogers, James Rogers, Ryall, Samuels, Shaw, Albert Smith, Thomas Smith, Starkweather. Steenrod, Strong, Swearingen, Sweney, Turney, Vanderpoel, David D. Wagener, Watterson, Weller, Jared W. Williams, and Henry Williams-84.

NAYS-Messrs. Adams, Alford, John W. Al. len, Andrews, Baker, Barnard, Boardman, Briggs, Brockway, Calhoun, Casey, Chapman, Chinn, Cranston, Crockett, Cartis, Cushing, Edward Davies, Garrett Davis, Dawson, Deberry, Dellet, Doe, Edwards, Evans, Everett, Fillmore, Fisher, Gar land, Gates, Gentry, Giddings, Goggin, Graham, Granger, Graves, Green, Griffin, Habersham, Hall, Hawes, Henry, Hill of Va. Hoffman, Holmes, Hopkins, James, Charles Johnston, Kempshall, King, Lane, Lincoln, Francis Mallory, Marvin, Mason, Monroe, Morgan, Calvary Morris, Morrow, Nisbet, Palen, Peck, Pickens, Pope, Randall, Rariden, Reed, Ridgway, Russell, Sergeant, Shepard, Truman Smith, Stanly, Stuart, Sumter, Taliaferro, Waddy Thompson, Jacob Thompson, John B. Thompson, Tillinghast, Toland, Trumbull, Underwood, Warren, John White, Thomas W. Williams, Lewis Williams, Joseph L. Williams, Christopher H. Williams, Winthrop, and Wise

92

So the House refused to lay the whole subject on the table.

The question being on the amendment of Mr. HOPKINS, the latter said he would have no objection to vote for the resolution, provided the gentleman from Massachhsetts would incorporate the amendment.

Mr. ADAMS declined, on the ground of the amendment being of an entirely different nature to the resolution; the latter complaining of no abures, but merely calling for facts, while the former involy

ed a set of principles in relation to the exercise of Executive power, etc.

The morning hour having now expired, the amendment was ordered to be printed, when the House proceeded to the orders of the day, being the consideration of private bills.

On motion of Mr. DAVIS of Kentucky, it was Resolved, That the Secretary of the Treasury of the United States inform this House what six land districts have been discontinued under the act of June 12, 1840, and when they were respectively discontinued: also, what salaries or other emoluments were paid the officers of such districts between the 12th of June aforesaid and the discontinuance of such districts-specifying the sums paid to each individual. And that the Secretary also report the amount of revenue that was paid to each receiver of such districts between the time of their discontinuance and the said 12th day of June, 1840.

PRIVATE BILLS.

The bill for the relief of Mary Tucker, of Arkansas, which was on yesterday ordered to be engrossed and read a third time, was read a third time, and passed.

The bill for the relief of Benjamin Adams and Company, and others, reported yesterday by the Committee of the Whole, was next taken up; and after some debate, in which Messrs. SALTONSTALL, DAWSON, WINTHROP, HOLMES, C. JOHNSON, W. THOMPSON, HABERSHAM, and EVANS participated,

Mr. C. JOHNSON moved to lay the bill upon the table.

The question was taken by yeas and nays, and decided in the affirmative.

So the bill was laid upon the table.

On motion of Mr. C. JOHNSON, the House resolved itself into a Committee of the Whole on the state of the Union, (Mr. BRIGGS in the chair,) and resumed the consideration of the bill for the relief of Nathaniel Goddard and others, owners of the hip Ariadne and her cargo.

After some debate thereon, the committee rose, reported progress, and asked leave to sit again. And then the House adjourned.

IN SENATE,

MONDAY, January 11, 1841. The transaction of the morning business occu pied the Senate until near the hour of 1, p. m.

Various petitions and memorials were presented by Messrs. TALLMADGE, BUCHANAN, WEBSTER, WALL, WHITE, PORTER, SEVIER, and STURGEON.

Mr. ANDERSON presented the credentials of Mr. NICHOLSON, the newly appointed Senator from Tennessee, to supply the vacancy occasioned by the decease of the late FELIX GRUNDY. Mr. NICHOLSON appeared, was qualified, and took his seat.

Sundry bills were then introduced and read the first time. By Mr. WALL, for the relief of Lieut. John E. Bispham. After a short explanation by Mr. WALL, the bill was read the third time, and passed.

On leave, two several bills were introduced by Mr. SEVIER, and laid upon the table.

Mr. CLAY presented the certificate of the authorities of the State of Kentucky of the re-election of JOHN J. CRITTENDEN to a seat in the Senate; which was read, and placed on file.

Mr. GRAHAM asked and obtained leave to introduce a bill to abolish the port of delivery in the office of the surveyor of the customs at Currituck, North Carolina.

Mr. LINN submitted a resolution, which was adopted, giving certain instructions to the Committee on Private Land Claims.

Several reports of little magnitude, adverse to the allowance of certain private claims, were taken up, and agreed to.

The bill for the punishment of certain crimes against the United States, and for other purposes, was read the third time, and passed.

The unfinished business of Friday, the PERMANENT PROSPECTIVE PRE-EMPTION LAW. This bill being again in order,

The PRESIDENT stated the question to be on

the motion of the Senator from Kentucky [Mr. CRITTENDEN] to recommit the bill with instructions.

Mr. CRITTENDEN said, when he offered his motion, he did not intend to delay the bill, and he would now leave gentlemen to dispose of it as they thought proper.

Mr. BENTON looked upon the proposition of the Senator from Kentucky, if adopted, as going to destroy the bill-not directly, but by loading it down with incongruous matter. There was a latitude usually allowed to Senators in their amendmen's of measures brought before them, and when it was desired to destroy the whole bill, it was customary to move to strike out all but the enacting clause, and to substitute other matter instead; but to include in a bill incongruous matter that was entirely foreign to its object, whatever might be the object of the mover, was directly to defeat the measure. He knew it was also a fair and parliamentary practice, where Senators approved of part of a bill, and disapproved of other parts, to move to strike out the objectionable matter; but what was the proposition then made? There was a bill to grant preemptions, which they had done for forty years under this Government-a question which was not only free from constitutional difficulties, but one, the bene fits of which had been tested by experience-and for the first time, a gentleman who was hostile to the bill, offers a proposition to amend, not by striking out all after the enacting clause, for that would be parliamentary, but to amend by adding to it a scheme for the distribution of the public land revenue! Could any thing be more incong u. ous than this? The distribution of the land revenue brought up a question of the gravest kind-it involved a constitutional question of great importance-it would originate the inquiry whether the land revenue was not as much the revenue of the Government, when it came into the Treasury, as every dollar paid by the merchant on the importa. tion of his goods; and then came up the considera. tion of the distribution of the revenue of the country at all; and that, if they had the right, whether it would be expedient to do it at any time, especially at the present time. Then would follow the whole question of their financial system, the income and the expenditures of the Government, and the inquiry whether it was possible for the Government to get along with the current payments without the land revenue; and then, if the Government could not get along without the land revenue, how was the deficiency to be supplied-whether by loans or taxes? Here, then, were questions of the greatest moment; some of them believed to be unconstitutional, and others mischievous, and all involving a vast mass of expenditure, which would bear heavily on the country. Now he repeated that it was contrary to all legislation-contrary to all customary rule of proceeding, thus to bring in a foreign and overpowering and overshadowing subject at such a time to sink and destroy an ordinary measure of legislation, as it passed along. He held that this ought not to be the mode in which an enemy of the bill should attack it; the Senator from Kentucky [Mr. CRITTENDEN] was the enemy of the pre-emption bill; and let him then attack it fairly-let him attack it in the front-let him give his reasons against it; but let him not, by this side movement, bury it under incongruous matter-let him. not destroy it by a side blow, as the measure was passing along. Such a proposition as that by the Senator from Kentucky does not belong to the legislation of the Senate-it does not belong to the legislation of any body, and he (Mr. Benton) denounced it as contrary to all fair legislation, wherever legislation was known.

This distribution policy commenced some years ago, and he then denounced it; he told them that if they commenced a division of the surplus, it would be but a little time before they divided that which was not the surplus. In one of his speeches, to which he had not thought it necessary to refer, he had told them that if the States once began to lick that blood, they would live on no other food from that time forth-if they began to look to the Federal Government for money, they would come in and take from that Government the means of its own support; and now had they not proved the

truth of his prediction? He had told them then that to distribute among the States what was called the surplus, which was then placed in the banks, would be either to make the deposite banks close their vaults, or to ruin their debtors; and he had told them, also, that it must be done to the exhaustion of the Treasury; but nothing would do, for the books called it "surplus." He told them if they took that first step, it would be the first plunge downward, from which there was neither retreat nor halt; and had they not now a proposition, in four short years from the time of his prediction, to abstract from the current income of the Government a sum of four millions of dollars per annum, at a moment when the Secretary of the Treasury showed them, in his report, that it was as much as could be done to make the annual outgoings and incomings balance each other-at a time, too, when gentlemen on the other side proclaimed a debt of twenty-seven millions of dollars which they intended to detect at their called session? What, then, were to be their feelings? Were they to look on and see the Federal Government stripped of every shilling of its revenues? Were they to see the States, when they found themselves in want of money, seize the means of the Federal Government, and tell it to take care of itself? Had it come to this? He denounced it as one of the most outrageous propositions that was ever made under our form of Government. Here was a proposition to withdraw one fourth part of the revenue in a time of difficulty, and at a period when one party was proclaiming a hidden, a secret debt of twenty-seven millions, and the gentleman who made the enermous proposition did not tell them what substitute he had to propose. Why did not the gentleman go on with his instructions, and direct the Finance Committee to borrow four million of dollars, or to issue four millions of Treasury notes, or to impose four millions of taxes to supply the place of the abstracted land revenue? And let him observe, they could not deceive others if they deceived themselves. If they deceived themselves they could not deceive others when they said: "We cannot constitutionally borrow money or raise money by taxes, to divide among the States; but one thing we can do, we can take the money we find in the Treasury, give it to the States, and impose a tax, or borrow, or strike Treasury notes to supply the place of that which we give away." And yet this was the proposition of the gentleman from Kentucky: qualify it as he pleased, defend it or shrink from its defence, as he pleased, it came to this: "here is a marked proposition to raise revenue by loan or tax for distribution among the States." In the mind of every candid man it was the same as a proposition to lay a tax for distribution among the States in the first instance.

The gentleman from Kentucky, in his amendment, proposed 320 acres of land to the pre-emptioners, as part of the distribution bill. But he (Mr. BENTON) was not to be caught by titles. Now here was a proposition to give 320 acres of land! Would the Senator from Kentucky vote for 160? No: he would contend that it was too much; but if he would not give 160 acres, he would give 320. Was it to be supposed that this kindness overmuch would impose upon any body? The fiends of the bill did not ask 320 acres, because they would have expected double the opposi ion from the other side of the House; and yet here was a proposition to add to the bill as much as to double what i's friends proposed to give. And from whom did it come? From the enemies of the bill. And for what purpose? Why, to destroy the bill. And what then? Why, to show to the settlers that they voted for 320 acres, and that his (Mr. BENTON's) side of the House voted against the proposition. He had seen such legislation as this before, and he had laid it open to the public; and he had not seen a man occupy. ing a real "log cabin" that could be found to be taken in by it. No, it took the inhabitants of the city "log cabins"-the silk stockings and kid glove gentlemen-to be deceived by i'. This proposition would deceive no one that dwelt in a real log cabin; and he was not surprised that the gentleman hesitated to defend his proposition. It was an enormous proposition-it was an unparliamentary one-it was a hostile, deadly hostile one; and he

(Mr. BENTON) had denounced it as such the moment it came in, and he should continue to do so; and he should meet his constituents and tell them he voted against the 320 acre proposition, as part of the distribution bill, knowing the intention of its mover was to destroy the 160 acre proposition, which was then pending.

Mr. MANGUM spoke at length in opposition to the pre-emption policy.

Mr. LINN defended the bill. He said that this Government had been settled on the pre-emptive system from the beginning; and he wished to keep the beginning, the middle, and the end together. In allusion to the epithets applied by some gentlemen to the settlers, of "land stealers" and "squatters," and of the opinions of others in contradiction of his statement, that a small civil force, and an enforcement of the laws, would preserve the public land from encroachment, he said that it was a scriptural injunction to man to possess the earth, and replenish it; but if it were "land stealing," this was a nation of land stealers from the beginning, for they had either stolen it or cheated the Indians out of it; and therefore the appellation would apply equally, to their forefathers. That the movement of the people would be onward, he again asserted; and he denied that the laws were a rufficient safeguard of the public lands. Jurors could not be found to convict in such cases, which were uniformly decided against the Government, at an expense of many thousand dollars. Would they, then, send an army to destroy the "squatters? If he had an enemy in the world, (and he believed he had not many,) he would wish him no greater infliction than the scorpion stingings of conscience, with which the execution of such a commission would be succeeded. not unusual by legislation, to heal breaches in the law. Charters were sometimes violated, and legislation was resor ed to to heal the breach. Here, then, was a breach of the law by the settlers, and they were asked to pass this bill, to heal that breach.

It was

Mr. CALHOUN wished to move an amendment to the amendment of the Senator from Kentucky. He hoped now the debate would take the widest range, and embrace all the subjects in connection with the great land question. He desired to state his views thereon, and he should occupy the Senate perhaps an hour.

Mr. CLAY of Alabama interposed, and requested the Senator from South Carolina to put his amendment into shape, so that it could be printed, and to give way for a motion to adjourn.

Mr. CALHOLN assented, and his amendment was ordered to be printed. Its object was to strike out all after the enacting clause, and to substitute his "bill to cede the public lands to the States in which they lie, on certain conditions." The Senate then adjourned.

HOUSE OF REPRESENTATIVES,
MONDAY, January 11, 1841.
After the journal had been read,

The SPEAKER announced that the first business in order was the consideration of the report of the Committee of Elections relative to the

PENNSYLVANIA CONTESTED ELECTION CASE, between Messrs. INGERSOLL and NAYLOR.

Mr. NAYLOR being entitled to the floor, proceeded to reply to the remarks of Mr. INGERSOLL. After speaking for two hours and a half, he gave way to

Mr. SERGEANT, who moved that the House do adjourn.

At the request of Mr. J. W. JONES, the motion was withdrawn.

Mr. JONES, by general consent, reported from the Committee of Ways and Means a bill entitled An act making appropriations for the civil and diplomatic expenses of Government for the year 1841; which was read twice, referred to a Committee of the Whole on the state of the Union, and ordered to be printed.

The House then adjourned.

IN SENATE.

TUESDAY, January 12, 1841. The business of the morning opened in the presentation of petitions by Messrs. NORVELL,

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