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The resolution proposing an amendment to the Constitution of the United States, as it respects the election of Representatives in Congress, and the choice of Electors of President and Vice President of the United States, was read the second time, and referred to a select committee, to consist of five members, to consider and report thereon; and Messrs. DICKERSON, BARBOUR, MACON, HOLMES, of Mississippi, and HOLMES, of Maine, were appointed the committee.

The bill for the relief of Robert Purdy was read the second time, and referred to the Committee on Military Affairs.

Mr. KING, of New York, presented the memorial of Ebenezer Stevens and others, praying that Congress would afford them relief, on account of a demand against the United States, arising out of certain contracts entered into with Robert Morris, Esq., for the supply of provisions to the Army of the United States during the Revolutionary war; and the memorial was read, and referred to the Committee of Claims.

RESTRICTION OF SLAVERY.

Mr. SANFORD Communicated the following resolutions, passed by the Legislature of the State of New York; which were read.

STATE OF NEW YORK,

In Assembly, November 13, 1820. Whereas the Legislature of this State, at the last session, did instruct their Senators and request their Representatives in Congress to oppose the admission, as a State into the Union, of any Territory not comprised within the original boundaries of the United States, without making the prohibition of slavery therein an indispensable condition of admission: And whereas this Legislature is impressed with the correctness of the sentiments so communicated to our Senators and Representatives; therefore,

Resolved, (if the honorable the Senate concur herein,) That this Legislature does approve of the principles contained in the resolutions of the last session; and, further, if the provisions contained in any proposed constitution of a new State deny to any citizens of the existing States the privileges and immunities of citizens of such new State, that such proposed constitution should not be accepted or confirmed; the same, in the opinion of this Legislature, being void by the Constitution of the United States. And that our Senators be instructed, and our Representatives in Congress be requested, to use their utmost exertions to prevent the acceptance and confirmation of any such constitution.

Resolved, (if the honorable the Senate concur herein,) That the President of the Senate and the Speaker of the Assembly do cause copies of these resolutions, duly certified by them, to be transmitted to the Senators and Representatives in Congress from this State. Ordered, That the clerk deliver a copy of the preceding resolutions to the honorable the Senate, and request their concurrence to the same.

PETER SHARPE, Speaker.

Attest-DL. VAN DU WEYDER,

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NOVEMBER, 1820.

orable the Assembly, in their said resolutions and recitals.

Ordered, That the clerk deliver a copy of said resolution of concurrence to the honorable the Assembly. JOHN TAYLER, President.

Attest-JOHN F. BACON,
Clerk of the Senate.

FRIDAY, November 24.

Mr. WILSON presented the memorial of James Leander Cathcart, praying the passage of a law directing the accounting officers of the Treasury to allow his claim upon the Government, in the settlement of his accounts, as stated in the memorial; which was read, and referred to the Committee of Claims.

Mr. WALKER, of Alabama, submitted the following motion for consideration:

Resolved, That the Committee on the Public Lands be instructed to inquire into the expediency of securing to actual settlers, in all cases where the lands they occupy shall be sold after the first day of March, in any year, the right of remaining on the same until they shall have gathered their growing crop.

Mr. HORSEY presented the petition of the President and Directors of the Farmers' Bank of Alexandria, in the District of Columbia, praying the extension of their charter for twenty years, from and after the 1st day of June, 1822; and the petition was read, and referred to the Committee on the District of Columbia.

Mr. TRIMBLE presented the petition of Major Charles Larrabee, of the Army of the United States, praying remuneration for losses sustained while in the service of the United States, as stated in the petition; which was read, and referred to the Committee of Claims.

The Senate resumed the consideration of the motion of the 23d instant, in relation to actual settlers on the public lands, and agreed thereto.

The Senate also resumed the consideration of the motion of the 23d instant, in relation to certain purchasers of the public lands, and agreed thereto. The Senate adjourned to Monday.

MONDAY, November 27.

HARRISON GRAY OTIS, from the State of Massachusetts, arrived on the 25th instant; and WILLIAM HUNTER, from the State of Rhode Island and Providence Plantations, arrived on the 24th instant, severally attended this day.

ISHAM TALBOT, appointed a Senator by the Legislature of Kentucky, to supply the vacancy occasioned by the resignation of William Logan, produced his credentials, was qualified, and he took his seat in the Senate.

The PRESIDENT communicated the memorial of a convention of Delegates, representing the merchants and others interested in commerce, assembled at Philadelphia, against the proposed tariff; and the memorial was read, and referred to the Committee on Commerce and Manufactures. The PRESIDENT also communicated the memoResolved, That the Senate do concur with the hon-rial of Joseph Wheaton, late deputy quartermaster

Clerk of Assembly.

STATE OF NEW YORK,

In Senate, November 15, 1820.

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The Message and report were read. Mr. WALKER, of Alabama, presented the petition of John Holmes, of Alabama, praying compensation for the loss of a horse, as stated in the petition; which was read, and referred to the Committee of Claims.

Mr. WALKER, of Alabama, also presented the petition of Dr. David Moore, praying relief in the settlement of his account for medical services rendered certain sick soldiers, under the command of Colonel John Coffee, engaged in an expedition against the Creek Indians in the year 1813; which was read, and referred to the same committee.

Mr. JOHNSON, of Louisiana, presented the petition of Presly Kemper, of the State of Ohio, praying compensation for services rendered in the capacity of principal wagonmaster, in the year 1812, under General William Hull; and also payment of the balance due for a horse and accoutrements, taken by the enemy at Detroit; which was read, and referred to the same committee.

Mr. JOHNSON, of Louisiana, gave notice that to-morrow he should ask leave to bring in a bill granting to the people of the county of Point Coupee, in the State of Louisiana, for the purposes therein mentioned, two tracts of land.

Mr. EATON gave notice that to-morrow he should ask leave to bring in a bill for the relief of the officers and volunteers engaged against the Seminole Indians in the year 1818.

The Senate resumed the consideration of the motion of the 16th instant, relating to the compensation to the members and delegates to Congress; and the further consideration thereof was postponed until Monday next.

The Senate resumed the consideration of the motion of the 24th instant, for instructing the Committee on Public Lands to inquire into the expediency of securing to certain actual settlers, when the lands they occupy shall be sold, the right of remaining on the same until they shall have gathered their growing crops; and agreed thereto.

A message from the House of Representatives informed the Senate that the House have passed a bill entitled "An act to provide for paying to the State of Illinois three per cent. of the net proceeds arising from the sale of the public lands within the same;" in which bill they request the concurrence of the Senate.

The bill was read, and passed to the second reading.

And the Senate then adjourned.

TUESDAY, November 28.

SENATE.

Mr. NOBLE submitted the following motion for consideration:

Resolved, That the Committee on the Judiciary be instructed to inquire into the expediency of authorizing by law so much of the western and northern boundaries of the State of Indiana to be surveyed, marked, and designated, as divides said State from the State of Illinois and Territory of Michigan, agreeably to the boundaries as established by the act, entitled "An act to enable the people of the Indiana Territory to form a constitution and State government, and for the admission of such State into the Union on an equal footing with the original States," passed April 19, 1816.

Mr. NOBLE presented the memorial of Eliza Dill, Jane Jervis, and Louisa St. C. Robb, daughters of the late General Arthur St. Clair, praying the payment of the balance stated to be due to their deceased father; and the memorial was read, and referred to the Committee of Claims.

Mr. CHANDLER presented the petition of Moses Wing, of Maine, praying an increase of his pension; and the petition was read, and referred to the Committee on Pensions.

Mr. NOBLE presented the petition of Alexander Irvine, of Indiana, praying an increase of pension; and the petition was read, and referred to the same committee.

The bill entitled "An act to provide for paying to the State of Illinois three per cent. of the net proceeds arising from the sale of the public lands within the same," was read the second time, and referred to the Committee on Public Lands.

Mr. EATON obtained leave to bring in a bill for the relief of the officers and volunteers engaged in the late campaign against the Seminole Indians; and the bill was read, and passed to the second reading.

WEDNESDAY, November 29.

EDWARD LLOYD, from the State of Maryland, attended.

Mr. SMITH, from the committee to whom was referred the constitution, as adopted for the government of the State of Missouri, reported a resolution declaring the admission of the State of Missouri into the Union; and the resolution was read, and passed to the second reading.

Mr. LANMAN presented the petition of Park Avery, stating that he has been erroneously placed on the pension list as a private soldier, and praying the pension, to which by law he is entitled, as a commissioned officer; and the petition was read, and referred to the Committee on Pensions.

Mr. JOHNSON, of Kentucky, gave notice that, tomorrow, he should ask leave to bring in a bill to incorporate the Columbian Society for literary purposes.

The Senate resumed the consideration of the motion of the 28th instant, relating to the western and northern boundaries of the State of Indiana, and agreed thereto.

Mr. WILSON, from the Committee of Claims, to whom the subject was referred, reported a bill for the relief of Ebenezer Stevens and Austin L.

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THURSDAY, November 30.

DECEMBER, 1820.

FRIDAY, December 1.

ELIJAH H. MILLS, appointed a Senator by the Legislature of the State of Massachusetts, to supPrentiss Mellen, produced his credentials, was ply the vacancy occasioned by the resignation of qualified, and took his seat in the Senate.

of Thomas Shields, purser in the Navy, praying Mr. KING, of Alabama, presented the memorial compensation for certain naval stores and other property destroyed in December, 1814, by the explosion of a battery at the bay of St. Louis, which was ordered to be blown up by Lieutenant T. A. C. Jones, of the Navy; and the memorial was read, and referred to the Committee on Naval

Affairs.

Mr. WALKER, of Georgia, presented the petition of Morgan Brown, praying compensation for a horse killed while in the employment of the United States in the late war with the Creek Indians; and the petition was read, and referred to the Committee of Claims.

Mr. BARBOUR presented the memorial of the inhabitants of the District of Columbia, praying the establishment of a system of penitentiary jurisMr. JOHNSON, of Louisiana, presented the petiprudence, and the authority and aid of Congress tion of Jacques Villere, of Louisiana, praying infor the erection of suitable buildings for carrying demnity for a number of slaves taken from him such system into effect in said district; and the by the British on their retreat from New Orleans memorial was read, and referred to the Commit-in 1815; and the petition was read, and referred tee on the District of Columbia. to the Committee of Claims.

Mr. SANFORD presented the petition of Eleanor Lawrance, of the city of New York, praying compensation for her farm on Long Island, now occupied by troops of the United States, as a military post; and the petition was read, and referred to the Secretary of War.

Mr. JOHNSON, of Kentucky, obtained leave to bring in a bill to incorporate the Columbian Society for literary purposes; and the bill was read, and passed to a second reading.

Mr. JOHNSON of Louisiana, obtained leave to bring in a bill granting to the Governor of the State of Louisiana, for the time being, and his successors in office, two tracts of land in the county of Point Coupee; and the bill was read, and passed to a second reading.

Mr. HOLMES, of Mississippi, communicated an attested copy of the act of the Legislature of the State of Mississippi, entitled "An act making appropriations for the Natchez Hospital," and requesting the consent of Congress thereto; and the act was read, and referred to the Committee on Commerce and Manufactures.

The Senate proceeded to consider the motion of yesterday, for an inquiry into the application of the appropriations for public improvements in the City of Washington; and the consideration thereof was postponed until to-morrow.

The resolution declaring the admission of the State of Missouri into the Union, was read the second time; and the further consideration thereof postponed to, and made the order of the day for, Monday next.

Mr. WILLIAMS, of Tennessee, from the Comthe bill for the relief of Robert Purdy, reported mittee on Military Affairs, to whom was referred the same without amendment.

Mr. WILLIAMS, of Tennessee, from the same committee, to whom was referred the bill for the relief of the officers and volunteers engaged in the late campaign against the Seminole Indians, reported the same with amendments; which were

read.

The bill granting to the Governor of the State of Louisiana, for the time being, and his successors in office, two tracts of land in the county of Point Coupee, was read the second time; and referred to the Committee on Public Lands.

The Senate proceeded to consider, as in Committee of the Whole, the bill for the relief of Ebenezer Stevens and Austin L. Sands, legal represenand the further consideration thereof was postponed tatives of Richardson Sands, deceased, and others; to Monday next.

Mr. BARBOUR submitted the following motion for consideration:

Resolved, That the Committee on the Judiciary be instructed to inquire into the propriety of so modifying the law punishing piracy as to authorize the President of the United States to commute capital punishment for confinement in penitentiary houses.

Mr. RUGGLES submitted the following motion for consideration:

Resolved, That the Committee on Public Lands be instructed to inquire into the expediency of making provision by law for remitting the interest that has The bill for the relief of Ebenezer Stevens and become due from the purchasers of the public lands in Austin L. Sands, legal representatives of Rich-consequence of their inability to make payments agreeardson Sands, deceased, and others, was read the able to the terms of the law, and for giving reasonable second time; and the further consideration there-time to said purchasers to complete the payment of of was postponed until to-morrow.

the principal.

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The Senate resumed the consideration of the motion of the 29th ult. for an inquiry into the application of the appropriations for public improvements in the city of Washington, and agreed thereto; and Messrs. ROBERTS, MILLS, Burwell, Otis, and LLOYD, were appointed the committee.

BANK OF THE UNITED STATES.

Mr. ROBERTS presented the memorial of the Bank of the United States, which, after some introductory matter, concludes by submitting the following points, on which they ask relief and protection from Congress:

"1st. The charter provides that no director, except the President, shall be eligible for more than three years in four. This provision has, in practice, been found to deny to the bank the services of those men who are best qualified to administer its affairs with safety and profit to the institution. It is a provision not contained, your petitioners believe, in the charter of any respectable banking institution. It was not contained in the charter of the former Bank of the United States, and it would seem that the provision of the charter which forbids the re-election of more than three-fourths

of the directors in office at the time of an annual election (to which your petitioners have no objection) is calculated to effect all the ends of the embarrassing provision from which your petitioners now crave relief. "2d. At present there is no authority under the laws of Congress to punish any fraud, peculation, or violation of trust, committed by any of the officers of the bank or its offices, and on this point the State laws are also supposed to be deficient. Nor is there any adequate civil remedy for the bank against its faithless agents who may, the hour before their dismissal from office, while the investigations necessary to their removal indicate to them that result, take the property of the bank from its vaults, and withhold it, and, if they please, give it in payment to their other creditors, in exclusion of the bank from which it has been thus purloined.

"3d. Under the charter, it has been doubted whether the bank has power to authorize the issuing of notes not signed by the President and countersigned by the cashier. The labor and the time necessary to sign notes for the bank and all its branches, are much greater than either of those officers can bestow upon that object, and hence the bank has been unable to put in circulation a sufficient amount of notes of the smaller denominations, which the public most want, and which are best calculated to serve the interest of the bank. If authority were given to the board, from time to time, to appoint one or more persons to sign notes of the smaller denominations, at the parent bank, under the superintendence and direction of the board and its principal officers, there would be no public risk, and it would afford all the aid which your petitioners desire on the point.

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4th. Under the 14th section of the act incorporat

ing the bank, the bills or notes of the bank originally made payable, or which shall have become payable, on demand, are made receivable in all payments to the United States, unless otherwise directed by act of Congress. Under this regulation, the power of the bank to make its capital available, either for its own profit or the public good, is greatly abridged. The sphere of its circulation is limited to those places where it is least wanted, and made to exclude those where it would be eminently useful, while the whole currency of vast

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SENATE.

sections of the country is thereby frequently greatly embarrassed."

The memorial was read and referred to the Committe on Finance.

MONDAY, December 4.

WILLIAM PINKNEY, from the State of Maryland, took his seat in the Senate.

Mr. BARBOUR presented the petition of John B. Timberlake, praying that, in the liquidation of his accounts with the Navy Department, a just allowance may be made to him for certain losses unavoidably sustained whilst purser of the frigates "United States" and "President," and the petition was read, and referred to the Committee of Claims. Mr. JOHNSON, of Louisiana, presented the memorial of the General Assembly of Louisiana, praying the grant of certain lands therein described, for certain public purposes; and the memorial was read, and referred to the Committee on Public

Lands.

Mr. WILLIAMS, of Mississippi, presented the memorial of Daniel W. Coxe, praying to be confirmed in his title to a tract of land in the State of Louisiana; and the memorial was read, and referred to the Committee on Public Lands.

A message from the House of Representatives informed the Senate that the House have passed a bill, entitled "An act to incorporate the managers of the National Vaccine Institution in the District of Columbia;" the bill entitled "An act for the relief of Perley Keyes and Jason Fairbank;" the bill, entitled "An act for the relief of Elias Parks ;" and the bill, entitled "An act to amend the act, entitled 'An act for the relief of the legal representatives of Henry Willis ;" and, also, a resolution authorizing the President of the United

States to cause astronomical observations to be made, to ascertain the longitude of the Capitol in the City of Washington, from some known meridian in Europe; in which bills and resolution they request the concurrence of the Senate.

The four bills and resolution last brought up for concurrence were read, and severally passed to a second reading.

The Senate proceeded to consider the resolution of the 1st instant, instructing the Committee on Public Lands to inquire into the expediency of remitting the interest on payments due from purchasers, and giving them further time to complete the payment of the principal; and agreed

thereto.

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mittee of the Whole, the bill for the relief of Robert Purdy; and the further consideration thereof was postponed to Thursday next.

The Senate proceeded to consider, as in Committee of the Whole, the bill for the relief of the officers and volunteers engaged in the late campaign against the Seminole Indians, together with the amendments reported thereto by the Committee on Military Affairs; and the further consideration thereof was postponed to Thursday next. Mr. JOHNSON, of Kentucky, submitted the following motion for consideration:

Resolved, That the Committee on Military Affairs be instructed to inquire into the expediency of extending the time for locating military land warrants in the State of Ohio.

COMPENSATION OF MEMBERS.

The Senate, according to the order of the day, took up the resolution submitted by Mr. BURRILL on the 16th ultimo, to reduce the compensation of members of Congress to six dollars a day.

Mr. JOHNSON, of Kentucky, observed that he had no doubt the ultimate fate of this proposition would be indefinite postponement. As he did not, however, desire a discussion of the subject at present, he would not make that motion, but would move its postponement until next Monday week, the 18th instant; which motion was agreed to, and the resolution was postponed accordingly.

PUNISHMENT OF PIRACY.

The resolution submitted by Mr. BARBOUR, on Friday last, was taken up, and having been modified by the mover, so as to direct an inquiry into the expediency of authorizing the President of the United States to commute the capital punishment of piracy by confinement in penitentiary houses, in such cases as he may deem expedient

DECEMBER, 1820.

was republican, and no objection, he presumed, could arise to it: it was unnecessary to detain the Senate with any remarks on the subject, unless any explanations were desired by gentlemen, which he would with pleasure afford, so far as he was able. He trusted the resolution would now be acted on, and the members from the new State, who had been waiting for a considerable time, be admitted to their seats in the National Councils.

Mr. EATON, of Tennessee, disclaimed any disposition to create delay on this subject; but it was proper, Mr. E. said, that the mind of every member should be satisfied on a question of so much importance before he was called on to give his vote. His own mind, he confessed, was not satisfied; and, to obtain time for reflection, and to mature his opinion on it, he should move to posthe repeated, he was not prepared to vote either in the resolution to a future day. At present, pone the affirmative or negative, with the conviction of being right. There were controverted points in he wished to see whether it was in all respects the constitution presented by the new State, and conformable to the Constitution_of_the_United States. Another reason which Mr. E. offered in favor of a postponement of the question here, was, that the House of Representatives (if he might refer to its proceedings without being out of order) had fixed on Wednesday next for going into the consideration of the subject, and he did not consider it expedient or proper for both Houses to be discussing the same question contemporaneously. He deemed it a more eligible course that the subject should be acted on in one House first, and then be taken up in the other. To obtain time for himself, however, as he at first intimated, he should ask the Senate to postpone the resolution to Wednesday next only, and accordingly made a motion to that effect.

Mr. BARBOUR proceeded to give, at considerable length, his views in support of the object of his Mr. SMITH would not oppose the motion, but motion. He entered into a general defence of the he objected to that reason of the gentleman, for superiority of the penitentiary system of punish- postponement, which referred to the purposes of ment over the old code, contrasting the mildness the other House. There was no such comity and good effects of the one, with the cruelty, yet in- due to that House from this, as to wait until it effectual operation, of the other-maintaining the had decided a question before it should be taken great superiority of the former, not only in its human-up here. This opinion was not incompatible with ity, but in its salutary effects on the subject of the punishment, as well as in its example on society and referring to facts and experience in some of the States, Virginia particularly, compared with the effects of the bloody code in England and this country, to sustain his opinions.

The resolution was agreed to without objection.

ADMISSION OF MISSOURI.

The Senate, according to the order of the day, proceeded to the consideration of the resolution declaring the admission of the State of Missouri into the Union on an equal footing with the original States.

Mr. SMITH, of South Carolina, (chairman of the select committee which reported the resolution,) observed that the resolution was conformable to those adopted on similar occasions heretofore, and he hoped there would be no difficulty or delay in its passage. The constitution of the new State

perfect respect for the other House; and such an argument ought not to govern the Senate or any other body. This question, Mr. S. remarked, had, in another shape, at the last session occupied a vast portion of the time of the Senate, and there was no authority for believing that the present would be a debated question. If gentlemen had any objections to the constitution, let thein state them at once, and it would then be known whether any discussion was to ensue. Heretofore, States had come into the Union without being stopped at the threshold. He referred to the State of Indiana, in 1816; while the resolution for the admission of Indiana was under progress in the Senate, the House of Representatives had the member from that State in his seat debating and voting. There was no reason why the Senate, in the present case, should wait for the other House; let this branch go on and decide whether the new members have a right to their seats. It was only when this ill

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