OF THE DEBATES OF CONGRESS, FROM 1789 TO 1856. FROM GALES AND SEATON'S ANNALS OF CONGRESS; FROM THEIR REPORTED DEBATES, BY JOHN C. RIVES. BY THE AUTHOR OF THE THIRTY YEARS' VIEW. VOL. XV. NEW YORK: D. APPLETON & COMPANY, 443 & 445 BROADWAY. 1861. ENTERED, according to Act of Congress, in the year 1860, by D. APPLETON & COMPANY, In the Clerk's Office of the District Court of the United States for the Southern District of New York. TWENTY-EIGHTH CONGRESS.-FIRST SESSION. PROCEEDINGS AND DEBATES IN THE SENATE AND HOUSE OF REPRESENTATIVES.* IN SENATE. MONDAY, December 4, 1843. This being the day fixed by the constitution for the meeting of the 1st session of the 28th Congress, the Senate met, and was called to order at 12 o'clock by Mr. MANGUM, President. LIST OF MEMBERS OF THE SENATE. Maine.-John Fairfield, George Evans. New Hampshire.-Levi Woodbury, Chas. G. Atherton. Vermont.-Samuel Phelps, William C. Upham. Massachusetts.-Rufus Choate, Isaac C. Bates. Rhode Island.-William Sprague, James F. Simmons. Connecticut.-J. W. Huntington, John M. Niles. New York.-N. P. Tallmadge, Silas Wright. New Jersey.-W. L. Dayton, Jacob W. Miller. Pennsylvania.-D. W. Sturgeon, James Buchanan. Delaware.-R. H. Bayard, Thomas Clayton. Maryland.-Wm. D. Merrick,-vacancy. Virginia.-Wm. C. Rives, Wm. S. Archer. North Carolina.-Willie P. Mangum, W. H. Haywood, Jr. South Carolina.-Daniel E. Hugér, George McDuffie. Georgia.-John M. Berrien, Walter T. Colquitt. Alabama.-William R. King, Arthur P. Bagby. Mississippi.-John Henderson, Robert J. Walker. Louisiana.-Alexander Barrow, Alexander Porter. Tennessee.-E. H. Foster, Spencer Jarnagan. Kentucky.-John T. Morehead, John J. Crittenden. Ohio.-Benjamin Tappan, William Allen. Indiana.-Albert S. White, Ed. A. Hannegan. Illinois.-James Semple, Sidney Breese. Missouri,—T. H. Benton, D. R. Atchison. Arkansas.-Wm. S. Fulton, A. H. Sevier. Michigan.-A. S. Porter, W. Woodbridge. LIST OF MEMBERS OF THE HOUSE OF REPRE SENTATIVES. HOUSE OF REPRESENTATIVES. MONDAY, December 4. The House of Representatives was called to order precisely at 12 o'clock, by MATTHEW ST. CLAIR CLARKE, their Clerk, who stated to the House that he would proceed to call the roll of the members. New Hampshire.-Edmund Burke, John R. Reding, John P. Hale, Moses Norris, Jr. Rhode Island.-Henry Y. Cranston, Elisha R. Potter. Connecticut.-Thomas H. Seymour, John Stewart, Geo. S. Catlin, Samuel Simons. Vermont.-Solomon Foot, Jacob Collamer, George P. Marsh, Paul Dillingham, Jr. New York.-Selah B. Strong, Henry C. Murphy, J. Philips Phoenix, Wm. B. Maclay, Moses G. Leonard, Hamilton Fish, Jos. H. Anderson, R. D. Davis, Jas. G. Clinton, Jeremiah Russell, Zadock Pratt, David L. Seymour, Daniel D. Barnard, Wm. G. Hunter, Lemuel Stetson, Chesselden Ellis, Charles S. Benton, Preston King, Orville Hungerford, Samuel Beardsley, J. E. Cary, S. M. Purdy, Orville Robinson, Horace Wheaton, George Rathbun, Amasa Dana, Byram Green, Thos. J. Patterson, Charles H. Carroll, Wm. S. Hubbell, Asher Tyler, Wm. A. Moseley, Albert Smith, Washington Hunt. New Jersey-Lucius Q. C. Elmer, George Sykes, Isaac G. Farlee, Littleton Kirkpatrick, Wm. Wright. Pennsylvania.-Edward J. Morris, Joseph R. Ingersoll, John T. Smith, Charles J. Ingersoll, Jacob S. Yost, Michael H. Jenks, Abrah. R. McIlvaine, Jeremiah Brown, John Ritter, Rich. Brodhead, jr., Benj. A Bidlack, Almon H. Read, Henry Frick, Alexander Ramsey, Henry Nes, James Black, James Irvin, Andrew Stewart, Henry D. Foster, John Dickey, William Wilkins, Samuel Hays, Charles M. Read, Joseph Buffington. Delaware.-George B. Rodney. Virginia.-Archibald Atkinson, George C. Dromgoole, Maine.-Joshua Herrick, Robert P. Dunlap, Luther Sev- Walter Coles, Edmund Hubard, Thomas W. Gilmer, John erance, Hannibal Hamlin-8 vacancies. Massachusetts.-Robert C. Winthrop, Daniel P. King, William Parmenter, Charles Hudson, John Quincy Adams, Henry Williams, Joseph Grinnell-3 vacancies. W. Jones, Henry A. Wise, Willoughby Newton, Samuel Chilton, William F. Lucas, William Taylor, A. A. Chapman, Geo. W. Hopkins, Geo. W. Summers, Lewis Steenrod. North Carolina.-Thomas J. Clingman, D. M. Barringer, DECEMBER, 1843.] The President's Message. [28TH CONG. The members were then sworn in, and after- | South Carolina; Mr. PORTER, of Michigan; wards some others who arrived at a later hour and Mr. BERREIN, of Georgia. of the day. A message was received from the Senate by ASBURY DICKINS, Esq., their Secretary, stating that a quorum of that body had assembled, and were ready to proceed to business. The SPEAKER then said that the members of the House would be called by States in order to be sworn; which was accordingly done. A message was received from the House of Representatives, (by MATTHEW ST. CLAIR CLARKE, their Clerk,) informing the Senate that the House had organized, by the election of the Hon. JOHN W. JONES, of Virginia, Speaker, and that they were ready to proceed to business. Also, that they had, under a resolution adopted for that purpose, appointed Messrs. C. J. INGERSOLL, WISE, and THOMPSON of Mississippi, a committee on their part, to The House being thus organizedMr. DROMGOOLE offered the following, which join such committee as might be appointed on was considered, and adopted: Resolved, That a message be sent to the Senate, to inform that body that a quorum of the House of Representatives have assembled, and have elected JOHN W. JONES, of Virginia, their Speaker, and are ready to proceed to business. Mr. C. J. INGERSOLL offered the following resolution; which was considered, and adopted: Resolved, That a committee be appointed, to join such committee as may be appointed on the part of the Senate, to wait on the President of the United States, and inform him that a quorum of the two Houses of Congress have assembled, and are ready to receive any communication that he may be pleased to make. The following is the vote for Speaker: "JOHN WHITE IN SENATE. TUESDAY, December 5. 128 59 The following Senators appeared in their seats to-day, viz: Mr. SEVIER, of Arkansas; Mr. BAYARD, of Delaware; Mr. McDUFFIE, of David S. Reed, Edmund Deberry, R. M. Saunders, James J. McKay, J. R. Daniel, A. H. Arrington, Kenneth Ray ner. South Carolina.-James A. Black, Richard F. Simpson, Joseph A. Woodward, John Campbell, Artemus Burt, Isaac E. Holmes, R. Barnwell Rhett. Georgia.-E. J. Black, H. A. Haralson, J. H. Lumpkin, Howell Cobb, Wm. H. Stiles, Alexander H. Stephens, A. H. Chappell-1 vacancy. Kentucky-Linn Boyd, Willis Green, Henry Grider, George A. Caldwell, James Stone, John White, Wm. P. Thompson, Garrett Davis, Richard French, J. W. Tibbatts. Tennessee-Andrew Johnson, William T. Senter, Julius W. Blackwell, Alvan Cullom, George W. Jones, Aaron V. Brown, David W. Dickinson, James H. Peyton, Cave Johnson, John B. Ashe, Milton Brown. Ohio.-Alexander Duncan, John B. Weller, Robt. C. Schenck, Joseph Vance, Emery D. Potter, Joseph J. McDowell, John I. Vanmeter, Elias Florence, Heman A. Moore, Jacob Brinkerhoff, Samuel F. Vinton, Perley B. Johnson, Alexander Harper, Joseph Morris, James Mathews, Wm. C. McCauslin, Ezra Dean, Daniel R. Tilden, Joshua R. Giddings, H. R. Brinkerhoff. the part of the Senate, to wait on the President of the United States, and inform him that a quorum of the two Houses of Congress had assembled and organized for business, and were ready to receive any communications he might be pleased to make to them; and the House asked the concurrence of the Senate in the resolution for the appointment of the joint committee. Mr. PHELPS moved that the Senate concur ment of a committee to wait on the Presiin the message of the House for the appointdent of the United States; and that the PRESIDENT appoint two Senators a committee on the part of the Senate for that purpose. The questions were put, and agreed to; and The PRESIDENT appointed Mr. PHELPS, of Vermont, and Mr. KING, of Alabama, the said committee; who retired for the purpose indicated. A Message in writing was received from the President of the United States, by the hands of John Tyler, jr., his secretary, at halfpast one o'clock. It was read to the Senate as follows: To the Senate and House of Representatives of the United States: If any people ever had cause to render up thanks to the Supreme Being for parental care and protec Louisiana.-John Slidell, Alcee Labranche, John B. Dawson, P. E. Bossier. Indiana.-Robt. Dale Owen, Thomas J. Henley, Thomas Smith, Caleb B. Smith, Wm. J. Brown, John W. Davis, Joseph A. Wright, John Pettit, Samuel C. Sample, Andrew Kennedy. Illinois.-Robert Smith, John A. McClernand, Orlando B. Ficklin, John Wentworth, Stephen A. Douglas, Joseph P. Hoge, J. J. Hardin. Alabama.--James Dellet, James E. Belser, Dixon H. Lewis, William W. Payne, George S. Houston, Reuben Chapman, Felix McConnell. Mississippi.-William H. Hammett, Jacob Thompson, Robert W. Roberts, Tilghman M. Tucker. Missouri.-James M. Hughes, James B. Bowlin, James H. Ralfe, John Jameson, Gustavus B. Bower. Arkansas.-Edward Cross. Michigan.-Robert McClelland, Lucius Lyon, James B. Hunt. TERRITORIAL DELEGATES. Florida.-David Levy. Wisconsin.-Henry Dodge. Iowa.-Augustus C. Dodge. 1ST SESS.] The President's Message. [DECEMBER, 1843. matter upon terms mutually satisfactory to both countries have caused to be submitted to the British Government propositions for settlement and final adjustment, which, however, have not proved heretofore acceptable to it. Our Minister at London has, under instructions, again brought the subject to the consideration of that Government; and while nothing will be done to compromit the rights or honor of the United States, every proper expedient will be resorted to, in order to bring the negotiation now in the progress of resumption to a speedy and happy termination. In the mean time it is proper to remark that many of our citizens are either already established in the territory, or are on their way thither, for the purpose of forming permanent settlements, while others are preparing to fol low; and in view of these facts, I must repeat the recommendation contained in previous messages, for the establishment of military posts at such places on the line of travel, as will furnish security and protection to our hardy adventurers against hostile tribes of Indians inhabiting those extensive regions. Our laws should also follow them, so modified as the circumstances of the case may seem to require. Under the influence of our free system of government, new republics are destined to spring up, at no distant day, on the shores of the Pacific, similar in policy and feeling to those existing on this side of the Rocky Mountains, and giving a wider and more extensive spread to the principles of civil and religious liberty. tion extended to them in all the trials and difficul- | ated, no doubt, by an earnest desire to adjust the ties to which they have been from time to time exposed, we certainly are that people. From the first settlement of our forefathers on this continentthrough the dangers attendant upon the occupation of a savage wilderness-through a long period of colonial dependence-through the war of the Revolution-in the wisdom which led to the adoption of the existing republican forms of government-in the hazards incident to a war subsequently waged with one of the most powerful nations of the earth -in the increase of our population-in the spread of the arts and sciences, and in the strength and durability conferred on political institutions emanating from the people and sustained by their will, the superintendence of an overruling Providence has been plainly visible. As preparatory, therefore, to entering once more upon the high duties of legislation, it becomes us humbly to acknowledge our dependence upon Him as our guide and protector, and to implore a continuance of His parental watchfulness over our beloved country. We have new cause for the expression of our gratitude in the preservation of the health of our fellow-citizens, with some partial and local exceptions, during the past seasonfor the abundance with which the earth has yielded up its fruits to the labors of the husbandman-for the renewed activity which has been imparted to commerce-for the revival of trade in all its departments for the increased rewards attendant on the exercise of the mechanic arts-for the continued growth of our population, and the rapidly reviving prosperity of the whole country. I shall be permitted to exchange congratulations with you, gentlemen of the two Houses of Congress, on these auspicious circumstances, and to assure you, in advance, of my ready disposition to concur with you in the adoption of all such measures as shall be calculated to increase the happiness of our constituents, and to advance the glory of our common country. Since the last adjournment of Congress, the Executive has relaxed no effort to render indestructible the relations of amity which so happily exist between the United States and other countries. The treaty lately concluded with Great Britain has tended greatly to increase the good understanding which a reciprocity of interest is calculated to encourage, and it is most ardently to be hoped that nothing may transpire to interrupt the relations of amity which it is so obviously the policy of both nations to cultivate. I am happy to inform you that the cases which have arisen from time to time, of the detention of American vessels by British cruisers on the coast of Africa, under pretence of being engaged in the slavetrade, have been placed in a fair train of adjustment. In the case of the William and Francis, full satisfaction will be allowed. In the cases of the Tygris and Seamew, the British Government admits that satisfaction is due. In the case of the Jones, the sum accruing from the sale of that vessel and cargo will be paid to the owners, while I cannot but flatter myself that full indemnification will be allowed for all damages sustained by the detention of the vessel; and in the case of the Douglass, Her Majesty's Government has expressed its determination to make indemnification. Strong hopes are therefore entertained that most, if not all of these cases, will be speedily adjusted. No new cases have arisen since the ratification of the treaty of Washington; and it is confidently anticipated that the slave-trade, under the operation of the eighth article of that treaty, will be altogether suppressed. The occasional interruption experienced by our fellow-citizens engaged in the fisheries on the neighboring coast of Nova Scotia, has not failed to claim the attention of the Executive. Representations upon this subject have been made; but, as yet, no definite answer to those representations has been received from the British Government. A question of much importance still remains to be adjusted between them. The territorial limits of the two countries in relation to what is commonly known as the Oregon Territory, still remain in dispute. The United States would be at all times indisposed to aggrandize themselves at the expense of any other nation; but while they would be restrained by principles of honor which should govern the conduct of nations as well as that of individuals, from setting up a demand for territory which does Two other subjects of comparatively minor imnot belong to them, they would as unwillingly con- portance, but nevertheless of too much consequence sent to a surrender of their rights. After the most to be neglected, remain still to be adjusted between rigid, and, as far as practicable, unbiassed examina- the two countries. By the treaty between the Unittion of the subject, the United States have always ed States and Great Britain, of July, 1815, it is procontended that their rights appertain to the entire vided that no higher duties shall be levied in either region of country lying on the Pacific, and embraced country on articles imported from the other, than within 42 and 50° 40′ of north latitude. This on the same articles imported from any other place. claim being controverted by Great Britain, those In 1836, rough rice, by act of Parliament, was adwho have preceded the present Executive-actu-mitted from the coast of Africa into Great Britain |