FEBRUARY, 1823. Proceedings. SENATE. on the part of the United States, may be adopted by The bill entitled "An act making appropriathe Legislature. read. JAMES MONROE. WASHINGTON, Feb. 18, 1823. The Message and accompanying papers were The PRESIDENT Communicated a document which was intended to have accompanied the Message of the President of the United States, of the 3d of January, 1823, transmitting a detailed statement of the expenses of building each vessel of war; and, on motion, it was ordered to be printed. On motion of Mr. RUGGLES, Resolved, That the Committee on Finance be instructed to inquire into the expediency of making an appropriation to enable the President of the United States to take such measures as may be necessary for purchasing the right, title, and interest, which certain Indians have in and to three several tracts of land, of four thousand acres each, lying in the county of Tuscaroras, in the State of Ohio, which lands were granted by Congress, in the year 1796, to the "Society of United Brethren for propagating the Gospel mong the Heathen," in trust, for the sole use and benefit of the said Indians; said purchase to be made with the knowledge and consent of the said Society. Mr. RUGGLES, from the Committee of Claims, in pursuance of instructions of the Senate, reported a bill for the relief of James Morrison; and the all was twice read by unanimous consent. On motion by Mr. RUGGLES, the Committee of Claims, to which was referred the petition of John Mitchell, were discharged from the further conderation thereof, and it was referred to the Committee on Finance, to consider and report thereon. Mr. SMITH, of South Carolina, presented the petition of the board created by the Legislature of South Carolina, for the establishment of a munipal guard, for the protection of Charleston and vicinity, praying the assent of Congress to an act of that State. The petition was read, and and on the table. Mr. EATON Submitted the following motions for consideration: Resired, That the Senate will, on Friday, the 28th day of February, instant, proceed, by ballot, to elect the several officers of the Senate; which election shall take place every second year thereafter; and a maonty of the votes present shall be necessary to a mhoice. Resolved, That, after the 28th day of February, no cer in the Secretary of the Senate's office, shall be petent to act, or shall be entitled to receive any pensation for his services, until he shall be reported the Senate, and his appointment be assented to; this shall be done every second year, immediately er the election of the officers of the Senate shall e place. The bill entitled "An act making appropria- 17th Cox. 2d SESS.-9 tions for the support of the Navy of the United States, for the year 1823," was read the second time by unanimous consent, and referred to the Committee on Naval Affairs. The bill entitled "An act for the relief of Polly L. Campbell, widow of Colonel John B. Campbell, deceased, late of the eleventh regiment of United States infantry," was read the second time by unanimous consent, and referred to the Committee of Claims. Mr. BARBOUR gave notice that, to-morrow, he should ask leave to introduce a bill for the relief of Nimrod Farrow, Richard Harris, and their securities. The bill extending the time for locating Virginia military land warrants, and returning surveys thereon to the General Land Office, was read the second time. The Senate resumed the consideration of the report of the Committee on the Judiciary, on the petition of Anne Dubord, wife of Joseph Antonio De Reano; and, on motion, by Mr. JOHNSON, of Louisiana, it was laid on the table. Mr. DICKERSON, from the Committee on Commerce and Manufactures, who were instructed to inquire into the expediency of making a donation of lands lying upon the waters of Pearl river, to be appropriated, under the direction of the General Assembly of the State of Mississippi, to aid in the opening and improving the navigation of said river, from the seat of government of the State to the Gulf of Mexico, made a report, accompanied by a resolution that the committee be discharged from the further consideration of this subject. The engrossed bill entitled "An act to amend an act entitled 'An act for ascertaining claims and titles to land, in the Territory of Florida," approved the eighth of May, 1822, was read a third time; and, on motion, by Mr. WILLIAMS, of Tennessee, it was laid on the table. The Senate resumed the consideration of the report of the Committee on Public Lands, on the petition of Elihu Hall Bay, and others; and, on motion, it was laid on the table. The Senate resumed the consideration of the resolution reported by the Committee on Military Affairs, on the 18th instant, in relation to contemplated fortifications at St. Mary's and Patuxent rivers, and agreed thereto. The Senate resumed the consideration of the motion of the 19th instant, relative to the barracks and other buildings, commenced at Baton Rouge, in the State of Louisiana; and the same having been modified, by substituting the "Committee on Finance," was agreed to. On motion, by Mr. LowRIE, the Senate resumed, as in Committee of the Whole, the consideration of the bill supplementary to the acts to provide for certain persons engaged in the land and naval service of the United States, in the Revolutionary war; and, on his motion, the further consideration thereof was postponed to and made the order of the day for to-morrow. The Senate then resumed the consideration of the bill from the House of Representatives for laying out and making a road from the Lower Rapids of the Miami of Lake Erie, to the western boundary of the Connecticut Western Reserve, in the State of Ohio, agreeable to the provisions of the Indian Treaty of Brownstown. FEBRUARY, 1823. of favoritism, and might be so charged, particu larly as it related to a person who held a high and respectable office. Mr. BROWN, of Louisiana, replied to Mr. EATON in an animated manner. He did not think any On this bill a long debate arose, in which its such imputation could be made. A jury had principle and details, its constitutionality and ex- passed on this claim, and had rendered a verdict pediency, were thoroughly discussed; in the course in favor of the Vice President. Committees, too, of which the bill was considerably modified. in both Houses of Congress, had examined the Messrs. MILLS, TAYLOR, of Virginia, and KING, case, and had reported in favor of authorizing of New York, were the principal opponents of the what the bill proposed. There was a wide differbill, and Messrs. BROWN, of Ohio, LANMAN, BEN-ence, therefore, between this and other cases of TON, SMITH, of Maryland, and LOWRIE, its sup- unsettled accounts with the Government. porters. The debate principally turned upon the obligation there was on the part of the United States, to carry into effect the Treaty of Brownstown, and whether, even if an obligation was imposed, the State of Ohio had any interest in it which required her to claim it to be executed. Finally, the bill was ordered to a third reading, as amended-ayes 29. The Senate resumed, as in Committee of the Whole, the consideration of the bill entitled "An act to confirm certain claims to lots in the village of Peoria, in the State of Illinois ;" and, on motion, it was laid on the table. Mr. VAN DYKE, from the Committee on Public Lands, reported a bill supplementary to the "Act to designate the boundaries of districts, and establish land offices for the disposal of the public lands not heretofore offered for sale in the States of Ohio and Indiana ;" and the bill was read. Mr. TAYLOR, of Virginia, observed that, as the Senate did not usually sit on Saturday, he hoped they would indulge him so far as to meet on Saturday next for the purpose of discussing his resolution proposing an amendment to the Constitution of the United States, in regard to the election of President of the United States, and with that view he moved that the resolution be made the order for that day; which motion was agreed to. ACCOUNTS OF DANIEL D. TOMPKINS. The Senate then, on the motion of Mr. WILLIAMS, of Tennessee, proceeded to the consideration of the bill to provide for the settlement of the accounts of Daniel D. Tompkins, late Governor of the State of New York. [This bill authorizes, first, that the proper accounting officers of the Treasury adjust and settle the accounts and claims of Daniel D. Tompkins, on principles of equity and justice, subject to the revision and final decision of the President of the United States. Secondly, it enacts that the provision of the appropriation law of last session, which prohibits the payment of salary to any individual while he shall appear to be indebted to the United States, shall be repealed so far as it applies to Mr. Tompkins.] Mr. EATON was opposed to the second provision (above stated) of the bill; because, however highly he might estimate the services and patriotism of the Vice President during the late war, he could not reconcile it to himself to extend to any individual a privilege which was denied to all others similarly situated. It would have the appearance 1 Mr. MORRIL could not agree in the propriety of Mr. EATON's objections. He adverted to the dis tinguished services of the Vice President during the late war, and argued in support of the justice of the bill. Mr. JOHNSON, of Kentucky, supported the bill with much earnestness; and Mr. MACON opposed it, generally, on the ground taken by Mr. EATON. The question was then taken on ordering the bill to a third reading, and was carried, with two or three dissenting voices. At the request of Mr. WILLIAMS, of Tennessee. the bill was thereupon read the third time, by unanimous consent, was passed, and returned to the House of Representatives. Mr. SOUTHARD gave notice that, to-morrow, he should ask leave to introduce a bill to provide for a library for the Supreme Court of the United States. FRIDAY, February 21. Mr. BARBOUR asked and obtained leave to introduce a bill for the relief of Nimrod Farrow, Richard Harris, and their securities. The bill was twice read by unanimous consent, and the bill, together with sundry documents, submitted by Mr. BARBOUR, relating to the claim of Nimrod Farrow and Richard Harris, for the building of the fortifications at Dauphin Island, were referred to the Committee of Claims. On motion, by Mr. SMITH, of Maryland, the report of the Committee on Military Affairs, of the 18th instant, to which was referred a resolution of the Senate, of the 17th of January, in relation to contemplated fortifications at St. Mary's and Patuxent rivers, were ordered to be printed for the use of the Senate. Mr. LOWRIE submitted the following resolutions for consideration : and George Hicks, assistants to the Sergeant-at-Arms Resolved, That Robert Tweedy, Tobias Simpson. and Doorkeeper of the Senate, be paid, out of the contingent fund, two dollars a day for each day they have attended the Senate during the present session of Congress, and that Henry Tims, jun., be allowed dollars for his attendance during the present session. Resolved, That there be paid, out of the contingent fund, to Robert Tweedy, Tobias Simpson, and George Hicks, the sum of dollars for extra services. The resolutions were read, and passed to the second reading. Mr. NOBLE, from the Committee on the Militia, to which was referred the bill, entitled "An act vesting in the State of Virginia the right of the United States to all fines assessed for non-performance of militia duty, during the late war with Great Britain, within said State," reported the same without amendment. Mr. BENTON laid on the table sundry maps and plans of the lead mine districts. Mr. SMITH, of South Carolina, from the Committee on the Judiciary, to which was referred the bill, entitled "An act to alter the times of holding the district court of the United States for the district of Vermont," reported the same without amendment. The amendments to the bill entitled "An act for laying out and making a road from the Lower Rapids of the Miami of Lake Erie to the western boundary of the Connecticut Western Reserve, in the State of Ohio, agreeable to the provisions of the Treaty of Brownstown," having been reported by the Committee correctly engrossed, the bill was read a third time, as amended, and passed. The bill supplementary to the act, entitled "An act to designate the boundaries of districts, and establish land offices for the disposal of the publie lands, not heretofore offered for sale, in the States of Ohio and Indiana," was read the second time. The Senate resumed the consideration of the report of the Committee of Commerce and Manufactures, who were instructed to inquire into the expediency of making a donation of lands lying upon the waters of Pearl river, to be appropriated, under the direction of the General Assembly of the State of Mississippi, to aid in the opening and improving the navigation of said river, from the seat of government of the State, to the Gulf of Mexico; and on motion by Mr. HOLMES, of Mississippi, the further consideration thereof was postponed until to-morrow. The Senate resumed the consideration of the report of the Committee on Finance, on the memorial of Lewis A. Petray and Just Viel; and on motion by Mr. SMITH, of South Carolina, the further consideration thereof was postponed until Monday next. The Senate resumed the consideration of the report of the Committee on the Judiciary in the case of Ann Dubord, wife of Joseph Antonio De Reano, of the city of New Orleans; when, on the motion of Mr. JOHNSON, of Louisiana, the report was recommitted to the Committee on the Judiciary, with instructions to report a bill for the relief of the petitioner. A message from the House of Representatives informed the Senate that the House have passed a bill, entitled "An act for the relief of Captain Richard Hightower;" in which bill they request the concurrence of the Senate. The bill last mentioned was read, and passed to the second reading. Mr. BROWN, of Ohio, submitted the following motion for consideration: Resolved, That the President of the United States be requested to communicate to the Senate, confiden SENATE. tially or otherwise, as he shall think fit, any information in his possession, which he may not deem improper to be communicated, relative to the present state and condition of the Mexican empire. On motion by Mr. JOHNSON, of Louisiana, the Senate resumed, as in Committee of the Whole, the bill to enable the holders of French, British, and Spanish titles, to land within the State of Louisiana, which have not been recognised as valid by the Government of the United States, to institute proceedings to try the validity thereof, and for other purposes; and, on his motion, the further consideration thereof was postponed to, and made the order of the day for, to-morrow. Mr. HOLMES, of Maine, submitted the following motion for consideration: Resolved, That the Committee on Pensions be instructed to report a bill to amend the act "To provide for certain persons engaged in the land and naval serand the act in addition thereto, so as to reduce the vice of the United States, in the Revolutionary war," pensions therein provided thirty per cent., and to include all persons who shall have served their country the time required by said acts, without requiring the condition of poverty or necessity; and that the pensions so reduced shall continue to be paid until the number of pensioners shall be reduced to eighteen thousand; after which, there shall be a further reduction to one-half of the original pension. REVOLUTIONARY PENSIONS. The Senate, as in Committee of the Whole, then proceeded to consider the bill from the House of Representatives, "supplementary to the acts to provide for certain persons engaged in the land and naval service of the United States in 'the Revolutionary war." [This bill provides for the restoration to the pension list, of the name "of any person who may 'have been, or hereafter shall be, stricken therefrom, in pursuance of the act of Congress, passed the 1st day of May, 1820, if such person, so stricken from the list of pensioners, has heretofore 'furnished, or hereafter shall furnish, evidence, in pursuance of the provisions of said act, to satisfy 'the Secretary of War that he is in such indigent 'circumstances as to be unable to support himself 'without the assistance of his country."] 6 Messrs. MILLS, MORRIL, and LowRIE, spoke in favor of, and Mr. NOBLE against, the bill. Mr. LowRIE proposed, as an amendment to the bill, an additional section, providing for a reduction of 20 per cent. on the amounts hereafter to be paid to all the Revolutionary pensioners. In support of this motion Mr. LowRIE observed that his remarks on this subject would take up very little time, for he was well aware that the friends of a measure sometimes destroy it by too much speaking. The expense of the pension list for four years, is as follows: 1819 1820 1821 1822 One quarter of which is $1,554,778 66 per an num. There are 2,328 men who, under the provisions of this act, may be placed upon the list. This number, and no more, will be affected by its provisions. This is the utmost extent to which the bill goes, and by no possible construction can more be embraced. The expense of that number, supposing, what is not probable, that all will be placed on the list, according to the estimate of the Chairman of the Committee, (Mr. NOBLE,) is $223,000. The estimate I have made, amounts to $350,000. This is $137,000 beyond that of the chairman; and if it be erroneous, it is too large; and it is the utmost limit of the expense. Now, for the other side. By the present law, there are near 6,000 who may get on the list. Now, suppose but onehalf of that number be placed on the list. This may, and will take place, whether you pass this bill or not. If placed on the list, they will be entitled to back pensions from the time they were suspended by the act of 1820, which will be about three years. The amount, then, for back pension alone, for 3,000 men, will be $900,000. You have now the advantage and disadvantage of this bill, as it respects the Treasury. The calculation, to my mind, is perfectly satisfactory. Any gentleman can satisfy himself by making a few figures; and, from this view of the principles of the bill, it is perfectly evident that the Treasury will not lose by it. FEBRUARY, 182 Messrs. SEYMOUR and LANMAN spoke in fav of the bill, and Messrs. MACON and SMITH, South Carolina, opposed it. Mr. LLOYD, of Massachusetts, said he consider the amendment adopted by the committee, motion of the honorable member from Penns vania (Mr. LowRIE) as giving a death blow the bill. As much as he might feel in favor any other parts of the bill, he could not vote it, if that amendment were adopted, which he c sidered as a breach of faith. The Governm having entered into a contract to pay to these p sioners a certain stipulated sum during life, a reduction of that sum would amount to a violat of the faith of the Government. For this reas he should vote against the bill as amended. The bill was then reported to the Senate, w the amendment. The question on adopting the amendment taken by yeas and nays, and decided in the affir ative, 23 to 22. The vote was as follows: YEAS-Messrs. Barbour, Barton, Benton, Brown Louisiana, Brown of Ohio, Chandler, Elliott, Find! Gaillard, Holmes of Maine, Holmes of Mississip Johnson of Louisiana, Kelly, King of Alabama, Lo rie, Macon, Noble, Palmer, Smith of South Caroli Taylor of Virginia, Thomas, Van Dyke, and W liams of Tennessee-23. NAYS-Messrs. Boardman, D'Wolf, Dickers Eaton, Johnson of Kentucky, King of New Yo Knight, Lanman, Lloyd of Massachusetts, Lloyd But, sir, said Mr. L., I wish to look a little fur-Smith of Maryland, Southard, Stokes, Talbot, Maryland, Mills, Morril, Parrott, Ruggles, Seymo ther into the subject. Our expense for this list is Buren, Ware, and Williams of Mississippi—22. now between one million and a half and two mil third time, was taken by yeas and nays, and The question on ordering the bill to be read cided in the negative, 21 to 24. The vote was follows: YEAS-Messrs. Boardman, Chandler, D'Wolf, Di erson, Findlay, Holmes of Maine, Johnson of K Mills, Morril, Palmer, Parrott, Ruggles, Seymo tucky, King of New York, Knight, Lanman, Low Smith of Maryland, Southard, Stokes, and Van Bu -21. NAYS-Messrs. Barbour, Barton, Benton, Brow Louisiana, Brown of Ohio, Eaton, Elliott, Gaill Holmes of Mississippi, Johnson of Louisiana, Ke King of Alabama, Lloyd of Massachusetts, Lloy Maryland, Macon, Noble, Smith of South Caroli Talbot, Taylor of Virginia, Thomas, Van Dyke, W Williams of Missouri, and Williams of Tennes lions of dollars. Whether this bill is passed or The amendment was agreed to--18 to 16. So the bill was rejected. SATURDAY, February 22. Mr. PARROTT, from the Committee on Na Affairs, to which was referred the petition of R ert F. Stockton, late commander of the Un States schooner Alligator, made a report, ace panied by a bill for the relief of Robert F. St ton; the bill was twice read by unanimous sent, and on motion by Mr. PARROTT, the re was ordered to be printed for the use of the Sen Mr. BROWN, of Louisiana, presented the peti of Charles Wilkins, praying the payment of balance ascertained by due course of law due to him, on the settlement of his accounts as contractor. The petition was read, and referred to the Committee of Claims. Mr. BENTON gave notice that, on Monday next, he should ask leave to introduce a bill to enable the proper accounting officers of the Treasury Department to audit and settle the accounts of the surveyor of public lands in the States of Illinois and Missouri, and Territory of Arkansas, for extra clerk hire in his office. Mr. LOWRIE submitted the following resolution: Resolved, That Gales & Seaton be paid, out of the contingent fund, two hundred and fifty dollars, for eight thousand copies of the Message of the President of the United States, for the years 1821 and 1822. The resolution was read, and passed to the second reading. The bill, entitled "An act for the relief of Captain Richard Hightower," was read the second time, and referred to the Committee on Military Affairs. On motion of Mr. WILLIAMS, of Tennessee, the Committee on Military Affairs, to which was referred the memorial of the Legislature of Alabama, praying that the military works for the defence of the bay and harbor of Mobile may be completed, were discharged from the further consideration thereof. The Senate resumed the consideration of the motion of the 20th instant, for the election of the several officers of the Senate; and, on motion, by Mr. EATON, the further consideration thereof was postponed until Monday next. The Senate resumed the consideration of the motion for requesting of the President of the United States information relative to the present state and condition of the Mexican empire; and, on motion, by Mr. KING, of Alabama, it was laid on the table. The Senate resumed the consideration of the motion of the 21st instant, for instructing the Committee on Pensions to report a bill to amend the act to provide for certain persons engaged in the land and naval service of the United States in the Revolutionary war," and the act in addition thereto; and, on motion, by Mr. HOLMES, of Maine, it was laid on the table. The resolution to compensate Robert Tweedy, and others, assistants to the Sergeant-at-Arms, and Doorkeeper of the Senate, were read the sec ond time. The Senate resumed the consideration of the report of the Committee on Commerce and Manfactures, who were instructed to inquire into the expediency of making a donation of lands, lying apon the waters of Pearl river, to be appropriated nder the direction of the General Assembly of he State of Mississippi, to aid in opening and mproving the navigation of said river, from the eat of government of the State, to the Gulf of Mexico; and, on motion, by Mr. HOLMES, of MisEssippi, it was laid on the table. The Senate then, according to the order of the ay, resumed the consideration of the resolution SENATE. laid on the table. A message from the House of Representatives informed the Senate that the House have passed the bill, entitled "An act appropriating moneys for the purpose of repairing the national road from Cumberland to Wheeling," with amendments, in which they request the concurrence of the Senate. They have passed a bill, entitled "An act extending the time for issuing and locating military land warrants to officers and soldiers of the Revolutionary war;" a bill, entitled "An act making appropriations for the military service of the United States, for the year 1823;" a bill, entitled "An act for the relief of Charles Carr, of Kentucky, late paymaster to Colonel William Dudley's regiment of Kentucky militia ;" a bill, entitled "An act for the relief of John B. Hogan;" and, also, a resolution requiring from the Secretary of the Senate and Clerk of the House of Representatives an annual statement of the expenditures from the contingent fund of the two Houses; in which bills and resolution they request the concurrence of the Senate. The said four bills and resolution were read, and severally passed to the second reading. The bill, entitled "An act extending the time for issuing and locating military land warrants to officers and soldiers of the Revolutionary war," was read the second time by unanimous consent, and referred to the Committee on Public Lands. The bill, entitled "An act making appropriations for the military service of the United States, for the year 1823," was read the second time by unanimous consent, and referred to the Committee on Finance. The bill, entitled "An act for the relief of Charles Carr, of Kentucky, late paymaster to Colonel William Dudley's regiment of Kentucky militia," was read the second time by unanimous consent, and referred to the Committee on Military Affairs. The bill, entitled "An act for the relief of John B. Hogan," was read the second time by unanimous consent, and referred to the Committee on the Judiciary. The resolution requiring from the Secretary of the Senate and Clerk of the House of Representatives an annual statement of the expenditures from the contingent fund of the two Houses, was |