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GALES & SEATON'S

REGISTER OF DEBATES IN CONGRESS.

TWENTY-FOURTH CONGRESS.... FIRST SESSION.

FROM DECEMBER 7, 1835, TO JULY 4, 1836.

DEBATES IN THE SENATE.

LIST OF THE SENATORS.

MAINE-Ether Shepley, John Ruggles.
NEW HAMPSHIRE-Isaac Hill, Henry Hubbard.
MASSACHUSETTS-Daniel Webster, John Davis.
RHODE ISLAND-Nehemiah R. Knight, Asher Rob-
bins.

CONNECTICUT-Nathan Smith, Gideon Tomlinson.
VERMONT Samuel Prentiss, Benjamin Swift.
NEW YORK --Nath'l P. Tallmadge, Silas Wright, jun.
NEW JERSEY-Samuel L. Southard, Garret D. Wall.
PENNSYLVANIA-James Buchanan, Samuel McKean.
DELAWARE-John M. Clayton, Arnold Naudain.
MARYLAND-Robert H. Goldsborough, Joseph Kent.
VIRGINIA-Benjamin Watkins Leigh, John Tyler.
NORTH CAROLINA-Bedford Brown, Willie P. Man-

gum.

SOUTH CAROLINA-John C. Calhoun, William C.
Preston.

GEORGIA-Alfred Cuthbert, John P. King.
KENTUCKY-Henry Clay, John J. Crittenden.
TENNESSEE-Felix Grundy, Hugh Lawson White.
OHIO-Thomas Ewing, Thomas Morris.
LOUISIANA-Alexander Porter, Robert C. Nicholas.
INDIANA-William Hendricks, John Tipton.
MISSISSIPPI-John Black, Robert J. Walker.
ILLINOIS-Elias K. Kane, John M. Robinson.
ALABAMA-William R. King, Gabriel P. Moore.
MISSOURI-Lewis F. Linn, Thomas H. Benton.

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a Senator from that State, to serve for six years from the 4th of March last;

Mr. SOUTHARD presented the credentials of the Hon. GARRET D. WALL, elected by the Legislature of New Jersey a Senator from that State, to serve for six years from the 4th of March last; and

Mr. EWING presented the credentials of the Hon. JOHN DAVIS, elected by the Legislature of Massachufrom the 4th of March last; all of which were read. setts a Senator from that State, to serve for six years

Mr. WHITE said that at the last session of the Legislature of the State of Tennessee he had been reelected to the Senate of the United States for six years from the 4th of March last, but that the official informaheretofore been the practice in the State of Tennessee tion of his election was not in his possession. It had to transmit to the presiding officer of the Senate the credentials of its Senators. But as this had not yet been done, he submitted to the Chair whether he should take his seat. During his attendance in the Senate he had frequently known such cases to occur, and that members known to be elected were suffered to take their seats before the arrival of their credentials. If any additional testimony was necessary in corroboration of his statement, there were some of his colleagues in the other House who were present when his election took place, and could vouch for the fact.

The CHAIR said that, if no objection was made, the gentleman could take his oath with the other Senators to be qualified.

The usual oath was then administered by the VICE PRESIDENT to Messrs. WHITE, HUBBARD, KING, CLAYTON, ROBINSON, and RUGGLES, whose credentials KNIGHT, and DAVIS, whose credentials were just read. were presented at the last session; and to Messrs. WALL,

Mr. PORTER reminded the Senate that at the close subject of certain alterations in the arrangements of the of the last session a committee was appointed on the Senate chamber. A report had been made by that committee, of which he held a copy in his hand; but as officers of the Senate had, during the summer, made it had not been then acted on for want of time, and the certain alterations in conformity with the resolution of

SENATE.]

Regulation in Relation to the Senate Chamber, &c.

the committee, it was necessary that the report should be at once considered. He accordingly moved that the Senate proceed to the consideration of the report.

The report was then taken up, considered, and agreed to, as follows:

REGULATION IN RELATION TO THE SENATE
CHAMBER, The gallerIES, AND THE RE-
PORTERS.

The circular gallery shall be appropriated for the accommodation of ladies, and gentlemen accompanying

them.

The reporters shall be removed from the east gallery, and placed on the floor of the Senate, under the direction of the Secretary.

[DEC. 8, 1835.

JAMIN WATKINS LEIGH, of Virginia, elected a Senator from that State for six years from the 4th of March last. WILLIAM R. KING suggested that his credentials also had been issued.

These three Senators were then qualified.

Mr. WHITE, from the joint committee appointed to wait on the President of the United States, and to inform him that a quorum had assembled, and was ready to receive any communication he may be pleased to make, reported that the joint committee had performed that duty, and had received for answer that the PresiIdent would make a communication to the two Houses this day at 12 o'clock.

A message was then received from the President of the United States, by Mr. DONELSON, his secretary, which was read; and, on motion of Mr. GRUNDY, 5,000 extra copies of the message, and 1,500 copies of the accompanying documents, were ordered to be printed for the use of the Senate. (See Appendix.)

No person, except members of the House of Representatives, their Clerk, heads of Departments, Treasurer, Comptroller, Register, Auditors, Postmaster General, President's secretary, Chaplains to Congress, Judges of the United States, Foreign Ministers and their Secre- Mr. CLAY presented the credentials of the honorable taries, officers who by name have received, or shall JOHN J. CRITTENDEN, elected by the Legislature of Kenhereafter receive, the thanks of Congress for their gal-tucky from that State, to serve for six years from the 4th lantry and good conduct displayed in the service of their of March last; which were read; and the usual oath to country, the Commissioners of the Navy Board, Gov- support the constitution of the United States was then adernor for the time being of any State or Territory of the ministered to Mr. CRITTENDEN by the Vice President. Union, such gentlemen as have been heads of Departments or members of either branch of the Legislature, and, at the discretion of the President of the Senate, persons who belong to Legislatures of such foreign Governments as are in amity with the United States, shall be admitted on the floor of the Senate.

Mr. WHITE offered the following resolutions; which were considered and agreed to.

Ordered, That the Secretary acquaint the House of Representatives that a quorum of the Senate is assembled and ready to proceed to business.

Resolved, That a committee be appointed on the part of the Senate, to join such committee as may be appointed by the House of Representatives, to wait on the President of the United States, and inform him that Congress is assembled, and ready to receive any communication he may be pleased to make.

On motion of Mr. GRUNDY, the Senate ordered that the Chair appoint the committee.

And Mr. WHITE and Mr. KNIGHT were appointed a committee to wait on the President.

Mr. EWING rose and stated that he had, at the close of the last session, given notice that he should, early in the present session, ask leave to introduce a bill to settle and define the northern boundary of the State of Ohio. He gave notice that he should ask leave to introduce this bill on Monday next.

A message was received from the House of Representatives by Mr. FRANKLIN, their Clerk, in the following

terms:

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The VICE PRESIDENT presented the annual report of the Secretary of the Treasury on the finances, the reading of which was dispensed with, and the usual number of copies were ordered to be printed for the use of the Senate. (See Appendix.)

DEATH OF MR. SMITH.

Mr. TOMLINSON then rose and addressed the Senate as follows:

Mr. President: It has become my painful duty to announce to the Senate the death of the honorable NATHAN SMITH, late a Senator from the State of Connecticut.

Arriving in this city, apparently in the full possession and exercise of all his powers, my colleague and friend interchanged the kind salutations appropriate to the occasion, with the cordiality, and frankness, and vivacity, which characterized his social intercourse, and secured the attachment and confidence of those with whom he was intimately associated. He retired to rest on Saturday evening, as far as was observed, in the enjoyment of his accustomed health and spirits. Feeling indisposed, he rose from his bed, and obtained the advice of a medical friend, who subsequently left his apartment without the slightest apprehension of a fatal result. In a short time his altered appearance caused alarm, and his friend was again called. On his return, the heart had ceased to beat, and he expired in his chair on Sunday morning, about half past one o'clock, without a struggle or a groan. Thus unexpectedly and awfully was our late associate and friend summoned from a state of probation and trial into the presence of the Divine Redeemer and Judge, in whom he devoutly professed to believe and trust. May this renewed demonstration of the solemn truth, that in the midst of life we are in death, produce its proper effect on our hearts and lives, and be instrumental in preparing us for the judgment to come and the retributions of eternity.

The afflictive event which has cast such a gloom over this body cannot fail to excite profound sensibility and regret throughout the Union, as well as in the native State of the deceased, where he has long been ranked among her most able and distinguished lawyers and statesmen. While we lament the inscrutable Providence with humble submission, it becomes us to be still, knowing that the destinies of men and nations are in the hands of an omnipotent and holy God, whose dispensations are merciful and right.

DEC. 9, 10, 1835.]

State of Michigan-Michigan Senators.

With the Senate, sir, I leave the adoption of the measures requisite to manifest its high respect for the character and memory of the deceased.

Mr. SWIFT then moved the following resolutions, which were adopted unanimously:

[SENATE.

with the original States in all respects whatever, and shall be at liberty to form a permanent constitution and State Government, provided the constitution and Government so to be formed shall be republican, and in conformity to the principles contained in these articles," the inhabitants thereof have, during the present year, in pursuance of the right secured by the ordinance, formed a constitution and State Government. That instrument, together with various other docu

Resolved, That a committee be appointed to take order for superintending the funeral of the honorable NATHAN SMITH, which will take place to-morrow at 12 o'clock; that the Senate will attend the same; and that notice of the event be given to the House of Represent-ments connected therewith, has been transmitted to me atives.

[The committee under this resolution consists of Messrs. SWIFT, Knight, Tallmadge, Southard, and SHEPLEY.]

Resolved, That the members of the Senate, from a sincere desire of showing every mark of respect due to the memory of the honorable NATHAN SMITH, deceased, late a member thereof, will go into mourning for him one month, by the usual mode of wearing crape round the left arm.

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

The Senate then adjourned.

WEDNESDAY, DECEMBER 9.

At 12 o clock the Senate assembled.

On motion of Mr. KING, of Alabama, the reading of the journal was dispensed with; and the Senate adjourned, for the purpose of performing the obsequies of the late honorable NATHAN SMITH, of Connecticut, deceased, in conformity with the resolutions of the Senate adopted yesterday.

The President of the United States, with the heads of the executive Departments, the Postmaster General, and the Attorney General, and the members of the House of Representatives, with their Speaker and Clerk, having been received into the Senate Chamber and taken the seats assigned them, the corpse was brought in, in charge of the committee of arrangements and pall-bearers, attended by the Sergeant-at

arms of the Senate.

Divine service was then performed by the Rev. Mr. Higbee; after which,

for the purpose of being laid before Congress, to whom the power and duty of admitting new States into the Union exclusively appertains; and the whole are herewith communicated for your early decision. ANDREW JACKSON.

The message having been read, Mr. BENTON moved that it be printed, together with the accompanying documents, and that the whole subject be referred to a select committee, consisting of five members; which motion was carried; and,

On motion of Mr. MANGUM, the appointment of the committee was postponed to Monday next.

A message was also received from the President, by Mr. DONELSON, his secretary, transmitting a report from the Secretary of War, showing the progress of the astronomical observations made for ascertaining the northern boundary line of the State of Ohio; which,

On motion of Mr. BENTON, was ordered to be printed, and referred to the same committee.

A message was also received from the President of the United States, transmitting a report from the Secretary of State, made in compliance with the resolution of the Senate of the 24th February last.

The CHAIR communicated sundry other documents from heads of Departments, all of which were ordered to be laid on the table and printed.

Mr. GRUNDY offered the following resolution, and asked for its immediate consideration:

Resolved, That the Senate will, on Monday next, proceed to the appointment of the standing committees. At the suggestion of Mr. EWING, the resolution was modified by the substitution of "Tuesday" instead of Monday.'

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The motion to consider the resolution to-day being The funeral procession moved to the place of inter-objected to, the resolution, of course, lies over until

ment.

THURSDAY, DECEMBER 10.

STATE OF MICHIGAN.

The following message was received from the President of the United States, by Mr. DONELSON, his Secretary:

WASHINGTON, December 9, 1835.

To the Senate and House of Representatives:

GENTLEMEN: By the act of the 11th of January, 1805, all that part of the Indiana Territory lying north of a line drawn due "east from the southerly bend or extreme of Lake Michigan until it shall intersect Lake Erie, and east of a line drawn from the said southerly bend, through the middle of said lake, to its northern extremity, and thence, due north, to the northern boundary of the United States," was erected into a separate Territory, by the name of Michigan.

The Territory comprised within these limits being part of the district of country described in the ordinance of the 13th of July, 1787, which provides that, whenever any of the States into which the same should be divided should have sixty thousand free inhabitants, such State should be admitted by its delegates "into the Congress of the United States, on an equal footing

Monday.

On motion of Mr. MANGUM, it was ordered, that, when the Senate adjourns, it adjourn to meet on Monday.

Mr. TOMLINSON offered the following resolution, and asked for its consideration. The motion being agreed to, the resolution was considered and agreed to.

Resolved, That the President of the Senate be requested to notify the Executive of the State of Connecticut of the death of the honorable NATHAN SMITH, late a Senator of the United States from that State.

MICHIGAN SENATORS.

Mr. BENTON presented the credentials of JOHN NORVELL and LUCIUS LYON, elected Senators for the term of six years from the 4th of March last, from the Territory of Michigan, and moved that the courtesy of the Senate be extended to them by assigning seats to the new Senators, in the customary mode under similar circumstances, on the floor of the Senate.

Mr. EWING stated that this was a new matter, brought before the Senate for the first time this morning, and required, perhaps, some consideration. In order to afford a little time for consideration, and to examine the course of the Senate in similar circumstances, he moved, for the present, to lay the subject on the table.

The motion was agreed to.

SENATE.]

Death of Mr. Kane and Mr. Wildman--Michigan Senators.

On motion of Mr. WRIGHT, the Senate proceeded to the consideration of executive business; and, after a short time spent therein,

The Senate adjourned.

MONDAY, DECEMBER 14.

Mr. GOLDSBOROUGH, of Maryland, appeared and took his seat.

On motion of Mr. GRUNDY, the reading of the journal was dispensed with.

DEATH OF MR. KANE.

Mr. ROBINSON rose and addressed the Senate to the following effect:

Mr. President: It is true, "in the midst of life we are in death;" and another inscrutable dispensation of Providence has given us renewed cause of painful sorrow and grief. ELIAS KENT KANE is no more! He, with whom many in this chamber have been here associated for the last ten years, has left this for "another and a better world." No eulogy is necessary to remind his associates of his many virtues and amiable traits of character; their rehearsal would but add poignancy to our loss. As his colleague, I must be indulged in saying death has taken from me a most valued friend; from his State and country an able Senator and an honest man; from his bereaved wife and orphan children the kindest of husbands, the most indulgent of parents. He died at half past one o'clock last Friday night, of a relapse of fever with which he had been afflicted previous to leaving home.

I offer for adoption these melancholy resolutions: Resolved, That a committee be appointed to take order for superintending the funeral of the Hon. ELIAS K. KANE, which will take place this day at half past 12 o'clock; that the Senate will attend the same; and that notice of the event be given to the House of Representatives.

This resolution was unanimously adopted.

[The committee appointed under this resolution are Messrs. BENTON, CLAYTON, HENDRICKS, CRITTENDEN, and WRIGHT.]

Resolved, That the members of the Senate, from a sincere desire of showing every mark of respect due to the memory of the Hon. ELIAS K. KANE, deceased, late a member thereof, will go into mourning for him one month, by the usual mode of wearing crape around the

left arm.

This resolution was unanimously adopted.

DEATH OF MR. WILDMAN.

[DEC. 14, 15, 1835.

[The President of the United States and the heads of the Departments, the Vice President and members of the Senate, the Speaker and members of the House of Representatives, then assembled in the Senate chamber, the corpse of the deceased was brought in, in charge of the committee of arrangements, attended by the Sergeant-at-arms of the Senate; and divine service was performed by the Rev. Mr. Post; after which the funeral procession moved to the place of interment.]

TUESDAY, DECEMBER 15.

Mr. WEBSTER appeared to-day, and took his seat.
ELECTION OF OFFICERS.

The CHAIR announced that the election of the offi cers of the Senate was now in order; and the Senate proceeded to ballot for Secretary.

The ballots being given in, it appeared that WALTER LoWRIE was unanimously re-elected, having received the whole 36 votes given in.

Mr. LowRIE was sworn accordingly.

The Senate proceeded to ballot for Sergeant-at-arms and Doorkeeper, when it appeared JOHN SHACKFORD was re-elected.

Mr. SHACKFORD was sworn accordingly.

The Senate proceeded to ballot for Assistant Doorkeeper, when it appeared that STEPHEN HAIGHT was re-elected.

Mr. HAIGHT was accordingly sworn.

The CHAIR laid before the Senate several communications from the Treasury Department, which were ordered to be laid on the table and printed.

ELECTION OF COMMITTEES.

The CHAIR having taken up the resolution offered by Mr. GRUNDY, on Thursday, providing for the election of the committees on Tuesday,

Mr. GRUNDY moved to insert "this day," in the room of "Tuesday;" but expressed his readiness to insert "to-morrow," if more agreeable to any gentleman.

Mr. EWING suggested that the change should be made, as there were some Senators yet to come in, who might arrive before to-morrow.

Mr. GRUNDY modified his resolution accordingly, and it was then adopted.

Mr. BENTON called up his resolution, offered on Thursday, providing for the furnishing of certain officers, therein specified, with copies of the bills and resolutions; but, at the suggestion of Mr. KING, of Alabama, it was again laid on the table.

Mr. ROBINSON offered the following resolution;

A message was received from the House of Represent-which was considered and agreed to: atives, by their Clerk, announcing to the Senate the adoption of certain resolutions, in consequence of the death of the Hon. Z. WILDMAN, a member of that House.

Mr. TOMLINSON then rose and stated that, in consequence of the melancholy information contained in this message, he would offer the following resolution:

Resolved, unanimously, That'the members of the Senate, as a further testimony of respect for the memory of the Hon. ZALMON WILDMAN, late a member of the House of Representatives from the State of Connecticut, will go into mourning, by wearing crape around the left arm for thirty days.

The resolution was adopted.

Mr. ROBINSON then offered the following resolution, which was adopted:

Resolved, That, as an additional mark of respect for the memory of the Hon. ELIAS K. KANE, the Senate now adjourn.

The Senate then adjourned.

Resolved, That the President of the Senate be requested to notify the Executive of Illinois of the vacancy which has occurred in the Senate in consequence of the death of the Hon. ELIAS K. KANE, late a Senator from that State.

MICHIGAN.

The CHAIR called up the motion to ballot for a se lect committee on the subject of the Michigan claims; but, on motion of Mr. MÅNGUM, it was ordered that the balloting be postponed until the day after to-mor

row.

MICHIGAN SENATORS.

On motion of Mr. BENTON, his motion of Thursday last, that the courtesy of the Senate be extended to the Senators from Michigan, by assigning to them seats on the floor, was taken up for consideration.

The question being about to be put,

Mr. CLAY rose and said that he was not prepared to vote for this motion. For what purpose were these gen

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