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H. OF R.]

Cumberland Road.

[MARCH, 1829

suffered the subject to remain uninvestigated in that point of view, and should have made such an exaggerated assertion, (unintentional, no doubt,) as that the cost of the printing would amount to two hundred and sixty thousand dollars.

MONDAY, March 2.

deed, he was almost led to believe that he was in 1793, to nine thousand five hundred and utterly ignorant of the subject in all its bear-fifty-two dollars; in '94, to ten thousand dolings and relations. When there appeared, too,lars; in '95, to nine thousand five hundred dolon the part of the member from Kentucky, lars; in '96, to eleven thousand dollars; in '97. such a formidable array of figures; when it twelve thousand dollars; in '98, to thirteen was shown, by an astute calculation, that the thousand dollars; in '99, to thirteen thousand cost of carrying the resolution into effect would and five hundred dollars, &c. Previous to '93, amount to two hundred and sixty thousand the charges are not specifically stated;" but dollars, ($260,000,) he was, he repeated, ready we are left to infer that they were within the to admit that, in bringing forward the resolu- limits of any given year stated. Deduct (Mr. tion in question, he had not foreseen the enor- B. continued) from these sums the probable mous expense which the project involved, and amount of the items for firewood, for stationhis fears were, in no small degree, enhanced, ery, for all other contingent expenses; bear in by the gentleman's repeated professions of can-mind, also, that the bills and journals are not dor. But, (Mr. B. continued,) he was led, by to be included, and then say whether the exall he saw, and all he heard, to review his prem- pense of reprinting the documents, coming ises; and it would be found, upon investiga- within the scope of my resolution, would be tion, that the latter calculations of the member one-sixth, or even one-tenth of the whole from Kentucky, (Mr. WICKLIFFE,) were as er- charge! Would the utmost of the expense exroneous as his former statements were un- ceed one thousand dollars per annum? It was founded. The gentleman had formed his esti-impossible that it could; and he wondered that mates by the expenses of a few particular years, the gentleman from Kentucky, who, in the and those years among the most recent of the course of his observations, had so emphatically operations of this Government, and long subse-disclaimed all reference to persons, should have quent to the most extreme period to which his resolution proposed to confine its operations. Sir, (continued Mr. B.,) the cost of printing, or the annual increase of cost for the last ten or five years, form no data from which to estimate the cost of printing the documents coming within the scope of my resolution. The gentleman admits that the annual increase has been equal to the annual cost of printing for the whole Government, for the first ten years. Did the gentleman see the conclusion which would necessarily result from such premises? and, that it puts his whole argument-with all its the Senate with amendments, which went to accompaniments-books, minutes, indexes, let-strike out all that part of the bill which proters, all to flight; aye, with the whole array of vides for the erection of toll-gates. figures, with which the gentleman so sedulously Mr. MERCER moved that this House do disafortified himself? And to show most conclu-gree to the amendments of the Senate. sively that such was the case, (Mr. B. said,) he Mr. STEWART earnestly opposed this motion. would presently read to the House, as a part of If the House disagree, the appropriation will be his argument, a statement, which the gentle- lost, and the road become impassable. He read man from Massachusetts, (Mr. EVERETT,) Chair- a letter from the Postmaster General, showing man of the Committee on the Library, had that the mail and travel were last Spring fre kindly prepared, and handed to him, showing quently forced off the road, through farms. that the expenses of printing for both Houses The friends of the road had done all they could of the first ten years of the Government, or to get up gates, but had failed. This money rather the ten years, from 1793 to 1803, did not would now do more good than double the exceed three thousand; nay, he would say amount a year hence. To reject the bill would not two thousand dollars per annum. The be equivalent to a vote of non-intercourse bemember from Kentucky had concluded his re-tween the East and West. He described the marks upon the subject, by stating that ten, he had previously said twenty thousand dollars per year, would be necessary for the execution of the project, and he had triumphantly called upon him (Mr. B.) to multiply that sum by twenty-six years, and ascertain that it amount-tion ed to two hundred and sixty thousand dollars. Now, what was shown by the statement which he held in his hands? And what were the expenses of the Houses during ten years of the time referred to? It appeared that the "firewood, stationery, printing, and all other contingent expenses of the two Houses, amounted,

The Cumberland Road.

The Cumberland road bill was returned from

present condition of the road, and entreated its friends, East and West, to concur in the amendments of the Senate, and save the road from total destruction.

Mr. STORES opposed any farther appropriafor the repair of the road, unless gates should be allowed, as the means of providing for keeping it in repair.

Mr. BARNEY took the same ground as Mr. STEWART.

Mr. BUCHANAN offered an amendment proposing to invest the President of the United States with power to make an arrangement

MARCH, 1829.]

Thanks to the Speaker.

[H. OF R.

with the States of Pennsylvania, Maryland, and Virginia, for the erection of gates and collection of toll. Mr. B. said he felt as friendly as any gentle-apply equally on both sides; if, under the man in the House to the appropriation of money for the extension of the Cumberland road to the Mississippi. He would state the single reason why he felt himself compelled-he would say reluctantly compelled-to vote against this bill. The House had recently determined that they would keep the Cumberland road in repair by erecting toll-gates upon it, under the authority of the Federal Government. As long as the pretension continued to be set up, which he believed to be both dangerous and unconstitutional, he could not, nor would not, vote for the construction of any road intended, after its completion, to be thus placed under the jurisdiction of the United States.

Mr. VANCE observed that the Chair had just decided that the rules of order do apply to the last day of the session. If so, they ought to

rules, the discussion of the resolution of the gentleman from North Carolina had been cut short at the expiration of the hour, the same rules pervade the offering of a new resolution unless unanimous consent were given, or the operation of the rules suspended by the will of the House.

Mr. VANCE opposed the amendments, on the ground that the House could not authorize the President to do what it had decided itself to have no right to do. Mr. V. then demanded the previous question, which was sustained by the House, and the yeas and nays were demanded by Mr. FORWARD, and ordered.

The main question was finally put, as follows: "Will the House disagree to the amendments of the Senate to this bill?" And decided by yeas and nays, as follows-yeas 52, nays 80. So the House refused to disagree, and thereby the Senate's amendments were agreed to.

Mr. BARBOUR said he must arrest the course of these remarks, unless an appeal was taken from the decision of the Chair.

Mr. VANCE declined to appeal, but Mr. BRENT did appeal to the House.

Mr. BRENT Supported the appeal by a reference to the case of Mr. WRIGHT, of New York, which took place last session. It had always been the custom, when such a resolution as this was presented, for the mover to ask and obtain leave from the House to offer it. The Journals would show that Mr. W. had done so, and that leave had been granted. Leave was always given, as of course, but it was done by an act of courtesy, and not a concession of right.

Mr. POLK referred to a fact which took place last Congress, and furnished a case precisely analogous to the present, when a resolution offered by Mr. SAUNDERS, on the subject of printing, had regularly occupied the House every morning for a long course of time; and a gentleman from Ohio (Mr. WRIGHT) had spoken four or five mornings in relation to it, and after his remarks had been cut short by the expiration of the hour, and he, if any one, was entitled to the floor, a resolution of thanks to Mr. ALLEN, of Massachusetts, offered the fol- the Speaker had, nevertheless, been received lowing:

TUESDAY, March 3.

Thanks to the Speaker.

Resolved, That the thanks of this House be pre sented to the Honorable ANDREW STEVENSON, for the able, prompt, and dignified manner with which he has presided over its deliberations, and performed the important and arduous duties of the Chair. Mr. BRENT inquired whether the ordinary rules of order applied to the last day of the session? The Chair decided that they did. Thereupon, Mr. BARTLETT objected to the reception of the resolution, as not in order, and moved to suspend the rule with respect to the orders of the day.

The CHAIR (then temporarily occupied by Mr. P. P. BARBOUR) said that, if the rules of order were to be strictly enforced the motion of the gentleman from Massachusetts would, of course, be out of order. But, it was the view of the Chair, that the universal practice of the House had decided that such a resolution might be received on the last day of the session, though not strictly in order, and that, therefore, the resolution would be received.

Mr. TALIAFERRO suggested that the rules of order, resting as they did on the joint action of both Houses, terminated, of course, at 12 o'clock last night, when the action of the two Houses, in respect to each other, also terminated. VOL. X.-26

and adopted.

Mr. ALLEN said that, if leave had been asked, the resolution could have been received only by courtesy, and the usage of the House had established the precedent that a resolution of this peculiar character was to be received as of course, at the close of the session. Mr. A. adverted to the closing scenes of a session as calling, in an especial manner, for the exercise of good feelings; and, as the resolution he had offered was usual and customary, he hoped it would be received without farther debate.

Mr. EVERETT said he hoped the appeal would not be persevered in, as, if it were, that it would not be sustained. The matter had been put by the Chair on the right ground; the receiving such a resolution was a matter of courtesy. A member, in rising to offer it, would say, of course," with the leave of the House, I offer the following resolution; " but the leave was a matter of course. As to the resolution offered on the subject of reprinting the documents, he was as friendly to it as the gentleman from Ohio (Mr. VANCE) could be; but he believed it was impracticable, under existing circumstances, to effect its adoption, and, in the mean while, he was favorable to the present resolution also. He had given this explana

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sary.

[MARCH, 1829.

tion of his views, because he feared that the | and to recommend to the consideration of Conperformance of what he considered a domestic gress such measures as he shall judge necesduty [he was understood as alluding to his attendance on the funeral of Mrs. Barnard] would call him from the House before the final vote on this resolution.

Mr. HAYNES was opposed to the printing. Mr. HAMILTON said that this was a most extraordinary motion, to print a nonentity. We have not the instructions before us, but have to obtain them from the Senate. What power have we to obtain them from the Senate, at the moment we are going out of political existence? Perhaps the confidential seal of that body was placed upon the documents. He thought the Panama mission was inurned, and

gone to the tomb of all the Capulets. There had been an attempt to entrap the other House, and it was a good scheme to send it to this House. But he hoped we should not be twice caught in the same snare. He called upon the House to come up and vote, and asked for the yeas and nays, which were ordered.

Mr. HAMILTON said, that the strictest rules intended for the government of gentlemen were always subject to be modified by courtesy, when the modification of them violated no established right. Since he had enjoyed the honor of a seat on that floor, he had known instances, where, after the orders of the day had been proclaimed, at a late hour in the after-that we had attended its funeral-that it had noon, and the House had declined going into committee, a resolution of this kind had been allowed to be introduced. It referred to a gentleman then in the Chair, (Mr. TAYLOR,) for whom he was free to confess he had no political predilections, and for whom he had not voted. This he considered as strong ground of precedent. During the first hour, the Speaker would, of course, be himself in the Chair, and there would be an obvious indelicacy in receiving a resolution of this kind; but after the House got to business, the Speaker frequently retired from the Chair, and then it might be offered with propriety. As to the subject-mat-len, Alston, John Anderson, John S. Barbour, ter of the resolution itself, it was perfectly in order for any member to oppose it if he thought the thanks not merited, and, in so doing, to state the cases in which he supposed the Speaker to have acted with impropriety. If such an issue were made on the present occasion, he hoped that no gentleman who might apprehend that there had been partiality on the part of the Speaker, would shrink from performing his duty with firmness.

Mr. BARNEY suggested the propriety of withdrawing the appeal, and adverted, with his usual urbanity, to the desirableness of entire harmony and peace at the parting moments of the session.

The question was put on the appeal, and the decision of the Chair was affirmed, by yeas and

nays-94 to 42.

And the question was taken on the proposed vote of thanks, and decided in the affirmative.

Panama Documents.

A Message in writing was received from the President of the United States, transmitting to Congress a copy of the instructions prepared by the Secretary of State, and furnished to the Ministers of the United States appointed to attend the assembly of American Plenipotentiaries, first held at Panama, and thence transferred to Tacubaya.

Mr. TAYLOR moved to lay the Message and documents on the table, and to print them. On motion of Mr. HAMILTON, the question was divided.

The motion to lay on the table was agreed to. Mr. STORRS then adverted to the obligation imposed on the President to make communications on such subjects as concern the Union,

Mr. THOMPSON moved to lay the motion to print on the table.

The yeas and nays were ordered: decided in the affirmative, as follows:

YEAS.-Messrs. Addams, Alexander, Robert Al

Philip P. Barbour, Barlow, Barringer Bassett, Blair,
Warren R. Davis, Desha, Duncan, Earll, Findlay,
Cambreleng, Carson, John C. Clark, Conner, Daniel,
Floyd of Virginia, Floyd of Georgia, Forward, Fry,
Garrow, Green, Hallock, Hall, Hamilton, Harvey,
Haynes, Hinds, Hobbie, Hoffman, Holmes, Isacks,
Jennings, Keese, Kremer, Lecompte, Lea, Living-
ston, Magee, Marable, McCoy, McDuffie, McHatton,
McKean, Miller, John Mitchell, Thomas P. Moore,
Muhlenberg, Orr, Owen, Polk, Ramsey, Roane, Saw.
yer, Shepperd, Stanberry, Stevenson, Stower, Taber,
Thompson, Trezvant, Turner, Verplanck, Ward,
Wickliffe, John J. Wood, Wolf, Yancey-73.

NAYS. Messrs. Samuel C. Allen, Samuel Anderson, Archer, Armstrong, Bailey, Baldwin, Bartlett, Bartley, Isaac C. Bates, Edward Bates, Belden, Blake, Brent, Bryan, Buckner, Burges, Carter, James Clark, Condict, Coulter, Culpeper, Drayton, Dwight, Fort, Healey, Hunt, Johns, Lawrence, Letcher, Little, Locke, Long, Lyon, Markell, Martindale, Marvin, McIntire, McLean, Miner, Thomas R. Mitchell, Newton, Nuckolls, Pearce, Reed, Richardson, Russell, Sergeant, Sloane, Smith, Sprague, Stewart, Storrs, Strong, Taliaferro, Taylor, Tracy, Varnum, Vinton, Weems, Whipple, Whittlesey, Wilde, Williams, J. Wilson, J. Woods, Woodcock, John C. Wright-67.

Adjournment.

Mr. WARD moved the usual resolution, for the appointment of a committee to wait on the President of the United States, and to inform him that, if he had no further message to send to them, the two Houses were ready to adjourn. The resolution was agreed to, and Mr. WARD and Mr. BATES, of Massachusetts, were appointed a committee on the part of the House of Representatives.

Mr. WARD, from the Committee of this House, appointed to wait on the President, sub

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sequently reported that the committee had performed that duty, and had received for answer, that he had no other communication to make to this House, but to convey to every individual member his sincere wish of health and happiness.

A Message was sent to the Senate to inform it that this House was about to adjourn. Mr. HAYNES moved that this House do now adjourn; which being agreed to,

The SPEAKER adjourned the House in the following terms:

GENTLEMEN: The moment having arrived in which I am about to lay down the trust with which you have honored me, and the connections which have existed between us are to cease, I should do violence to the feelings which now warm my heart, if I did not seize this occasion to express my deep sense of gratitude for your past confidence and kindness, and the flattering proof just given, of your continued approbation and favor.

Two years have elapsed since I had the honor of being placed in this chair. This period of service has been distinguished by events and circumstances well calculated to render this station, not only one of extreme delicacy, but severe responsibility and labor. Steady and lasting applause; permanent and solid reputation; can only be acquired in a station

[H. OF R.

so exalted, by an undeviating adherence to elevated principles, and by a manly, upright, and independent discharge of its high and important functions. Under the influence of these principles, and a just diffidence in my own qualifications, I came to this chair, with a settled determination to pursue that course which should secure to me the testimony of my own mind, and the approbation of every just and liberal man. That my efforts have not been wholly unavailing, I am this day assured by the renewed evidence of the kindness and justice of the House. I receive it in the same spirit of kindness in which it has been offered, and shall cherish it

through life with feelings of profound respect and

the deepest gratitude.

If, gentlemen, in the discharge of our multifarious duties; if, amid the storm and strife of passion or of party; if, under the influence of momentary excitement or irritation, any thing unkind should have been said or done, let us, I entreat you, endeavor to forget and forgive it, and let our separation (with many of us long, and with some of us forever) be in the spirit of peace and good will, and as becomes the Representatives of virtuous and enlightened freemen. You will carry with you, gentlemen, my prayers for continued blessings upon our beloved country, and my best wishes for your health, prosperity, and happiness.

It remains for me only to announce, that this House stands adjourned sine die.

SENATE.]

Preliminary Proceedings.

[DECEMBER, 1829.

TWENTY-FIRST CONGRESS.-FIRST SESSION.

Executive Government for the Eleventh Presidential Term commencing 4th March, 1829, and ending 3d Marc, 1833.

ANDREW JACKSON, of Tennessee, President.

JOHN C. CALHOUN, of South Carolina, Vice President. (Resigned 28th December, 1832.

Secretaries of State.-MARTIN VAN BUREN, of New York. Nominated and confirmed 6th March, 1829. Resigned. EDWARD LIVINGSTON, of Louisiana, [Appointed 24th May, 1831, in recess of the Senate. Nomination confirmed 12th January, 1832.]

Secretaries of the Navy.-JOHN BRANCH, of North Carolina. Nominated and confirmed 9th March, 1829. Resigned.-LEVI WOODBURY, of New Hamp shire. [Appointed 23d May, 1831, in recess of the Senate. Nomination confirmed 27th December,

1831.]

Postmaster General.-WILLIAM T. BARRY, of Ken
Nominated and confirmed 9th March,

1829.

Secretaries of the Treasury.-SAMUEL D. INGHAM, of Pennsylvania. Nominated and confirmed 6th March, 1829. Resigned.-LOUIS MCLANE, of Dela-tucky. ware. [Appointed 8th August, 1831, in recess of the Senate; nomination confirmed 12th January, 1832.] Secretaries of War.-JOHN H. EATON, of Tennessee, Nominated and confirmed 9th March, 1829. Resigned.-LEWIS CASs, of Ohio. [Appointed 7th August, 1831, in recess of the Senate. Nomination confirmed 30th December, 1831.]

Attornies General.-JOHN MAcpherson BerriEN, of Georgia. Nominated and confirmed 9th March, 1829. Resigned.-ROGER BROOKE TANEY, of Maryland. [Appointed 20th July, 1831, in recess of the Senate.]

PROCEEDINGS IN THE SENATE.*

MONDAY, December 7, 1829.

At noon, the Honorable SAMUEL SMITH, of Maryland, President pro tempore of the Senate, took the chair. The roll of Senators having been called over by WALTER LOWRIE, Esq., Secretary of the Senate, it appeared that thirtyfive members were present.

The usual message was sent to the House of Representatives, notifying that a quorum of the Senate had assembled.

*LIST OF MEMBERS OF THE SENATE.
Maine.-John Holmes, Peleg Sprague.
New Hampshire.-Samuel Bell, Levi Woodbury.
Massachusetts.-Nathaniel Silsbee, Daniel Webster.
Connecticut.-Samuel A. Foot, Calvin Willey.
Rhode Island.-Nehemiah R. Knight, Asher Robbins.
Vermont.-Dudley Chase, Horatio Seymour.
New York.-Nathan Sanford, Charles E. Dudley.
Now Jersey.-Theodore Frelinghuysen, Mahlon Dicker-

son.

Pennsylvania.-William Marks, Isaac D. Barnard.
Delaware.-John M. Clayton. [One vacancy.]
Maryland.-Samuel Smith, Ezekiel F. Chambers.

Mr. WHITE and Mr. SANFORD were then appointed a committee to join the committee of the House of Representatives, to inform the President of the United States that quorums of the two Houses had assembled, &c.

TUESDAY, December 8.

Mr. WHITE reported from the Joint Committee, that they had, according to order, waited on the President of the United States,

Virginia.-L. W. Tazewell, John Tyler.

North Carolina.-James Iredell. [One vacancy.]
South Carolina.-William Smith, Robert Y. Hayne.
Georgia.-George M. Troup, John Forsyth.
Kentucky.-John Rowan, George M. Bibb.
Tennessee.-Hugh L. White, Felix Grundy.

Ohio.-Benjamin Ruggles, Jacob Burnet.

Louisiana.-Josiah S. Johnston, Edward Livingston.
Indiana.-William Hendricks, James Noble.
Mississippi.-Powhattan Ellis. [One vacancy.]

Illinois.-Elias K. Kane, John McLane.

Alabama.-John McKinley, William R. King.

Missouri.-David Barton, Thomas H. Benton.

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