the tellers, (Messrs., WELLER and STRATTON,) who reported ayes 68, noes 78.

So Mr. ADAMS's motion was again rejected. The question recurring on Mr. DEBERRY's amendment,

Mr. McKAY suggested to his colleague to modfy it, so as not to increase the appropriation, but to make it obligatory on the Secretary of War to apply $10,000 of the balance of the appropriation of last year, now on hand, to the arsenal at Fayetteville. Mr. McK, said that there was an appropriation of $120,000 made last year, with the understanding that $10,000 of it should be applied to the North Carolina arsenal; and of this appropriation, be had ascertained that over $94,000 now remained unexpended in the treasury. All that was wanted, therefore, was to direct the application of a part of this sum to the object his colleague had in view. If his colleague would modify his amendment in the manner he had suggested, he presumed that no gentleman would object to it, as there would in that case be no increase of the appropriation.

Mr. DEBERRY had no particular objection to the course of bis colleague, but his constituents were anxious for the appropriation which he had proposed. They strongly suspected that there was no intention on the part of the department to make this anything more than a mere arsenal of deposite. It was for this reason that the Legislature of North Carolina interfered and passed resolutions. He erged the propriety and necessity for completing this arsenal, since it was the only arsenal south of the Potomac. He did not believe in the sincerity of those officers of the department, who held out that they intended to complete the work. His con=tituents were tired of being tantalized and humbugged, and it was now several years since any proress had been made. He expressed his willingmess to modify his amendment according to the suggestion of his colleague, [Mr. McKAY,] so as to au. horize the Secretary of War to appropriate $10,000 of the money now on hand to the completion of the Arsenal at Fayetteville.

Mr. McKAY read a letter from the officer under whose charge the work was; from which it apDeared that a large quantity of materials was now

band for the construction of the work, and the Government would suffer injury by allowing the works to remain much longer in their present situa

ion.

Mr. GILMER opposed the amendment. He hought the principle wrong. He saw no reason Thy Congress should make any exception in favor f the arsenal in North Carolina, when the process frestricting all the expenditures of the Governbent was going on.

Mr. GRAHAM replied, and sustained the mendment. He contended that the Legislature bould interfere in this matter. The case was pealar. In addition to the fact that the materials vere on hand, he urged the fact that no other rsenal existed south of the Potomac.

Mr. FILLMORE said, if an unexpended balance emained over from last year, it was unnecessary > give the direction in relation to the North Caro ina arsenal. Let the department make the exenditure. He urged, moreover, that the proosed division of a part of the appropriation for rsenals to the North Carolina arsenal would enanger the public property elsewhere.

Mr. CALHOUN expressed a desire to have the 'ayetteville arsenal completed; and pressed upon le committee the consideration, that, whilst there ere many arsenals throughout the Northern and astern States, there was none in the South and oathwest. He advocated a reorganization and wernauling of the whole system of arsenals, conending that there were too many in some sections, not enough in others.

Mr. GILMER inquired whether this appropria on was to complete arsenals already begun, or to rect new arsenals. or for the custody of arms. Mr. FILLMORE said that there were but two rsenals begun which were not finished. The ap ropriation was mainly intended for repairs; for he items of which expenditure he referred to docment No. 45.

Mr. GILMER concurred with the gentleman

from Massachusetts, [Mr. CALHOUN,] that there were too many arsenals at present. He should move to reduce the appropriation from $90,000 to $50,000, so as to expend money only on those absolutely necessary.

The CHAIR decided the motion would not be in order at this time.

Mr. GILMER said he had so supposed, but now gave notice of his intention to make it at the proper time.

Mr. SAUNDERS replied to various gentlemen who had opposed the appropriation. He thought it due at least to the wishes of the State Legislature of North Carolina to make this small appropriation of $10,000.

Mr. MERIWETHER complained that he was in the dark as to the propriety of this appropria. tion. He did not understand the reason for many of the proposed items of appropriation, and wished for information before he could consent to vote away the public money.

Mr. GRAHAM explained, for the information of the gentleman from Georgia, [Mr. MERIWETHER]

The question was then put on the amendment; and, as 16 only rose in its favor,

Mr. DEBERRY withdrew it.

Mr. SMITH of Virginia moved to strike out the whole appropriation, and insert an appropriation of $25,000 for the completion of arsenals at Little Rock, Ark., and Fayetteville, N. C. He said that the arsenals, it must be admitted, were in decent and reputable condition, especially as $90,000 of the money previously appropriated for their repair was yet unexpended. But, beyond this, it was stated by gentlemen on that floor that many of the arsenals were unnecessary; and, as the treasury of the country was, and was likely to continue, in an embarrassed condition, he had proposed to strike out the whole appropriation, and substitute a sum which would be sufficient for two arsenals, at points where it was obvious they were requisite.

Mr. GILMER called the attention of his colleague to the detailed estimates, which would show him that $10,000 only was required for each of the arsenals for which he proposed to make appropriation.

Mr. SMITH acted on the suggestion, and substituted $20,000 for $25,000.

Mr. FILLMORE expressed his surprise at the proposition of the gentleman from Virginia. He said an appropriation was necessary to repair the arsenals, both for their preservation and the preservation of the arms which they contained; and further, he deprecated the basing of legislation on unauthorized statements. Instead of $90,000 unexpended, as stated by the gentleman from Virginia, there was only some $70,000; and it must be borne in mind, that that sum was appropriated to defray such expenses as should be required in the interval, up to the 1st of July, and it was for the period subsequent to that day that the appropriation under consideration was to be made.

Mr. SMITH said there was no proposition more clear than that the buildings were in good condition and repair; and, according to the gentleman's own admission, there was some $70,000 unexpended, and therefore he could not be justly charged with a desire to leave the public property to go to ruin. He then justified his motion on other grounds. The gentleman from Massachusetts [Mr. CALHOUN] had shown that some of the arsenals were unnecessary, and therefore it was their obvious duty to put them out of existence; but, in justification of his amendment, especially in relation to the arsenal at Little Rock, he reminded the committee of the proximity of 40,000 Indian warriors to that country, who could sweep its occupants from that portion of this Union.

Mr. CROSS opposed the amendment in some remarks, which were not distinctly heard. The amendment was then negatived.

Mr. GILMER moved to strike out $90,000 and insert $50,000.

The motion was negatived.

Several items were then read and passed without amendment.

When the Clerk read the item making an appropriation for further military surveys,

Mr. GILMER said he thought that was a branch of the public service which could be suspended, and he moved to strike out that appropriation.

Mr. SMITH of Virginia asked the chairman of the Committee of Ways and Means how that money was expended. He thought there were men amongst the officers of this country that were competent to make these surveys.

Mr. FILLMORE understood that there was a considerable additional expense beyond that of mere officers, such as clerk-hire, transportation, &c.

Mr. SMITH observed that they had very large annual expenditures for transportation, and a num. ber of officers of high pay. It seemed to him that the military service should be exclusively employed in these surveys. It was by employing other persous than the regular officers of the Government, that the expenditures of the Government were swelled up to such an extent.

Mr. FILLMORE spoke of the great importance of the surveys, and said that they were made so as to be ready whenever it might be necessary to erect fortifications.

Mr. SMITH observed that there were two or three different classes of fortifications, covering the whole frontier; and he could not imagine the necessity for an appropriation as small as this. He thought that these surveys were more for the purpose of giving good jobs to the officers above their regular pay, than for any real benefit to the country. Our officers were so well paid, that it was not necessary to give them such jobs to eke out their means of living.

The question was then taken on Mr. FILLMORE'S motion, and it was rejected.

Mr. CALHOUN desired to ask the chairman of the committee what was meant by the clause "for expenses for preparing drawings for artillery." The reason he asked was, there was generally a proviso in the appropriation bills, that there should be no extra compensation paid to any officers, or other persons in the employment of the department. Yet, notwithstanding this proviso, the committee of which the gentleman from Virginia [Mr. GILMER] was at the head, had ferreted out the fact that many of the ordnance officers received an extra compensation of $2 per day, in addition to their regular pay, for preparing drawings of artillery. Now, it appeared to him that this kind of work was part of the regular duty of these officers, for which they received regular pay.

Mr. FILLMORE explained that there had been a board of officers appointed for the purpose of making every part of the artillery uniform, and that a draughtsman was employed to assist them. The committee, considering the extra pay of this board an abuse, struck it out of the appropriation of last year, and this year there was no estimate for it. The pay of the draughtsman, however, was estimated for; and this, with the incidental expenses of stationery, &c., made up this item.

Mr. CALHOUN said that as there had been a provision inserted in the former appropriation bills, that no person in regular pay should receive any extra compensation, the law had been trampled on by the department in making such allowances; and he would suggest to the gentleman from Tennessee, [Mr. ARNOLD,] to call up his bill as soon as possible, to correct this and all similar abuses.

Mr. SMITH of Virginia asked if this $1,200 was for the purchase of paper alone.

Mr. FILLMORE answered, for drawing paper, ink, &c.

Mr. SMITH then observed, that this "and so forth" might include everything.

Mr. GILMER wished to call the attention of the committee to the fact, that in this bill there were $65,000 appropriated, by three clauses in juxtaposition, and all for the same general and specific purposes. First, there was a clause appropriating $15,000 for the surveys for the military defences of the country, inland and Atlantic; secondly, for mililary and geographical surveys west of the Mississippi,$15,000 for the half calendar year, and $15,000 for the fiscal year-making $20,000; and, thirdly, for the continuation of the surveys on the Northern

lakes, $30,000. He did not wish to stop all those surveys, but it seemed to him that the two first were for the same objects. It seemed to him that there was a looseness, not only about the mode of appropriating the public money, but about its expenditure; and he pledged himself to the gentleman from Massachusetts [Mr. CALHOUN] to ccoperate with him in checking such a course of things.

Mr. CHARLES BROWN moved to strike out the appropriation for the continuation of the surveys of the North and Northwestern lakes; for, according to the opinions held by many gentlemen there, they could not be carried on correctly without the superintendence of Mr. Hassler. We have (said Mr. B.) immediately following this appropriation, very large appropriations for the Military Academy, where for years they had been educating young men for the scientific purposes of the Government. They had an engineer corps, also, whose officers received very high salaries; and everybody must be satisfied that there were enough of them to make all the surveys, both inland and Atlantic, and carry on all the scientific works of the Government, without employing other persons. He was for employing these officers in these works; and if they were not competent, to get others in their places. These surveys cost somewhere about half a million yearly, and nobody knew where they were going on. It was time that this business was systematized, so that they might know what they were doing, and how 'much they were expending on it.

Mr. FILLMORE spoke of the importance of these surveys, and explained the difference between them. The object was to make them for the purpose of ascertaining the points at which fortifications would be necessary on the Gulf, on the lakes, and on the Atlantic frontier. Mr. F. handed up to the Chair a letter from the War Department, showing the importance and utility of these surveys; which was read.

Mr. C. BROWN wished to know if these surveys were made by the regular officers of the Government, or by other persons. He did not wish to stop these surveys, and was willing to incur all the incidental expenses connected with them; but he objected to the expense of employing other persons, when the Government had officers enough under regular pay.

Mr. FILLMORE believed that the work was carried on by the regular officers of the Govern

ment.

Mr. C. BROWN said that, if the gentleman meant that these surveys were for the purpose of ascertaining points for fortifications, he looked upon them as a useless expense; for, considering the changes taking place in the system of fortifications, together with the increase in the population of different parts of the country surveyed, it would be impossible now to say where it would be best to have fortifications, or of what description they should be, some years hence. He thought the officers had better be employed in walking about the streets, than making surveys with such objects in view.

Mr. MERIWETHER moved to strike out $30,000, and insert $20,000 for the surveys of the North and Northwestern lakes. He said that $20,000 was sufficient, inasmuch as the department had only estimated for that sum, though the committee had given $30,000.

Mr. M. read a letter from Captain Williams, of the engineer corps, for the purpose of showing that an appropriation of $20,000 would be amply sufficient.

Mr. FILLMORE argued that the increased ap. propriation proposed would be greatly beneficial, in completing the survey at an earlier day than it could be done under present arrangements. Mr. MERIWETHER contended that the present was not the time to increase such appropriations-a time when the Secretary of the Treasury told us the tariff would have to be altered so as to add $3,000,000 to the revenue of the Government. He hoped that the sum of $20,000, asked for by the officer in charge of the work, who was on the spot and knew everything about it, would be granted, instead of $30,000 as asked for by

Cel. Abert, who lived in Washington, and never saw the work in question.

Some conversation here took place between Messrs. CAVE JOHNSON and FILLMORE as to whether this item was not proposed and rejected last session; the result of which was, that such was not the fact.

Mr. SMITH of Virginia said that, if he understood the question rightly, the amendment involved the question whether there should be an increase of the present annual appropriation, for the purpose of completing the survey at an earlier day than was now contemplated. He argued that, in our present condition, it was better to leave expenditures as they were, than to incur any increase.

The question was put, and the amendment rejected.

Mr. REYNOLDS then rose, and moved to amend the bill, by adding after the 122d line, an item providing for an appropriation of $20,000 for a military survey from Council Bluffs, on the Mississippi, to the mouth of the Columbia river, in Oregon Territory. He stated that he desired to have this item inserted in lieu of the item of $20,000 "for surveys west of the Mississippi. The Chair, however, informed him that it would not be order to move to amend that item, as it had been passed upon by the committee; and it was for this reason that he offered the amendment to come in at the end of the section. He then addressed the House in a strain of forcible reasoning in favor of his amendment. It was not, as gentlemen might think, an extraordinary proposition. It was important as bearing upon the proposed settlement of Oregon Territory; and he hoped that gentlemen would not be so squeamish as to refuse to allow our citizens to take possession of that territory, merely because England pretended to have a right to it. If England had any claim whatever to the soil of Oregon, it was confined to that portion above, the mouth of the Columbia, where the survey he proposed would not touch. He expressed an anxious desire that the attention of members should be called to this subject, in order that they might consider the propriety of hereafter constructing a military road in Oregon. For the purpose of giving an opportunity to gentlemen to weigh the matter well in their own minds, he would move that the committee rise, and then let the question be taken on his proposition to

morrow.

Mr. FILLMORE appealed to the gentleman to withdraw the motion for a moment.

Mr. REYNOLDS consented to do so.

The

Mr. FILLMORE entered into an explanation of the subject, and urged that there was no necessity for the specific appropriation wished by the gen tleman from Illinois, [Mr. REYNOLDS] amount appropriated in this bill for surveys, exceeded that appropriated for some years past. The item, too, for surveys west of the Mississippi river, ($20,000,) might, under the direction of the department, be applied towards the very object desired by the gentleman, [Mr. REYNOLDS] The House, he thought, should not decide upon the manner in which this appropriation should be expended, but should leave it to the department. He also would remind the gentleman from Illinois that there was already a survey or map in existence, which had been prepared by Captain Wilkes when on the exploring expedition.

Mr. REYNOLDS replied generally to the objections of the gentleman from New York, [Mr. FILLMORE.] He contended that Congress-elected for two years, and more responsible to the people than any public officer-was better qualified to decide what surveys were best for the interest of the Government, than either the Secretary of War or the President. If he were anxious to know as to surveys about Buffalo or the surrounding country, he would sooner take the statements of the gentleman, (its Representative,) than all the secretaries in the country. So, too, he would rather have the opinions of the Representatives of the people, coming from every part of the Union, in relation to these local surveys, than those of public officers in Washington city. As to the map of Captain Wilkes, referred to by the gentleman, that might be very good in its way, and very accurate and very

pretty; but he did not want a survey or map of Columbia river only. That might be well enough for navigation; but it would not answer the purposes of the people, who wished a military route to Oregon, in order that they might go there with their families and settle.

Mr. R. concluded by moving that the committee now rise: previous to putting which motion, some conversation took place between Messrs. CAVE JOHNSON, FILLMORE, and CALHOUN, in relation to a bill to prohibit extra allowances to public officers; the result of which conversation was an agreement to have the Committee of the Whole discharged from the further consideration of said bill, instead of reporting it to the House.

The motion that the committee rise was then put, and carried.

Mr. C. JOHNSON moved to discharge the Committee of the Whole from the bill prohibiting extra allowances to officers of the Government.

Mr. MCKENNAN asked if it had been before a committee.

Mr. ARNOLD said it had not.

Mr. FILLMORE had no doubt it was a very proper bill.

The resolution was then agreed to. Mr.BLACK, from the Committee on the Territories, reported a bill to amend the several acts organ izing the Governments of the several Territories of the United States; and it was read twice and com mitted.

Mr. MALLORY offered a resolution requiring the Secretary of War to report to this House a practicable plan for the reduction of the expendi ture of the Military Academy at West Point, and to limit the number of cadets, so as to correspond with the wants of the country and the strength of the army.

Mr. CUSHING objected, and the resolution was not considered.

Mr. J. T. MASON presented a joint resolution of the Legislature of Maryland, in relation to the stock in the Chesapeake and Ohio Canal; which was ordered to be printed.

Mr. FILLMORE presented a statement of the receipts of the Government for the last quarter which was ordered to be printed. The House then adjourned.

IN SENATE.

THURSDAY, January 19, 1843.

Mr. SMITH of Indiana presented a joint reso lution adopted by the Legislature of Indiana, o the subject of the rigid construction given by the Postmaster General to the post office laws. Mr. S remarked that there was much feeling in the whol Western country concerning a regulation of tha department, making pamphlets and newspaper (which may happen to have the name of the per son sending such matters through the mail) charge able with letter postage. Great difficulty and muc feeling are the consequence of such construction of the post office laws, especially in the State o Indiana; so much so, that the attention of the Le gislature had been called to the subject, and tha body have passed the resolutions he then presented urging a repeal or modification of that portion the laws of the department which justified such regulation. He hoped the Committee on the Pos Office and Post Roads, to which he proposed to re fer the resolutions, would give the subject their at tention. The resolutions were then referred, an ordered to be printed.

Mr. SMITH, from the Committee on Publi Lands, to which had been referred House bill en titled "An act for the relief of the heirs or th assignees of of the heirs of Isaac Todd and Jame McGill," reported the same back with an amend ment, being a substitute for the bill.

Mr. PHELPS, from the Committee on Claim reported back, with an amendment, House b 619, for the relief of Asahel Lee, Harvey Le

and Lemuel Lee.

Mr. GRAHAM, from the Committee on Claims reported a bill for the relief of Duncan L. Clinch which was read, and ordered to a second reading.

Mr. G. also reported back, from the same com mittee, without amendment, and with a recommend ation that they do pass, House bills for the relie

of John Drysdale, and for the relief of Johnson Patrick.

Mr. MERRICK presented a communication from the Governor of Maryland, enclosing reso lutions adopted by the Legislature of that State, relative to a proposed transfer of the stock held by the United States in the Chesapeake and Ohio canal, to the State of Maryland, on the condition that that State will complete the canal to Cumberland before the expiration of five years from the ume of transfer: ordered to lie on the table, and be printed.

Mr. PORTER presented a memorial from 142 citizens of the State of Michigan, remonstrating against the repeal of the bankrupt law; which was referred to the Committee on the Judiciary.

On motion of Mr. ARCHER, leave was granted to withdraw from the files the memorial and docaments of John Goode.

On motion of Mr. EVANS, the previous orders of the day were posiponed, for the purpose of taking up, as in committee of the whole, the bill for the benefit of the Petersburg Railroad Company.

Mr. E. explained, that there were several cases before the Finance Committee in respect to an extension of the time during which railroad iron, to be actually laid down, might be imported free of duty. This was not one of those cases. All those cases now before the committee, were where railroads were in progress of construction, and where it would take some years for their completion; but the case now before the Senate differed in that respect: the railroad was completed, and the company were relaying a portion or all of it with new and better iron, in consequence of a portion of it being worn out. The iron was imported, and in the country. The company have it in their power to lay it all down before the 3d of March next, and entitle themselves to the benefits of the provision in the tariff bill allowing iron laid down before that time to be free of duty. They will lay it down by that time, unless Congress think fit to prolong the time for doing so. But, in order to have it done before the 3d of March, the company will have to employ a considerable number of persons more than they now have, and may probably have to suspend transportation and travel on the road until

is done. This, too, is the line on which the mail is conveyed. If you force the company to this, it will interrupt very much the Southern travelling; and the work would have to be done in a hurried manner, and might be consequently improperly done, and be the cause of accident hereafter. This bill involved none of the principle contained in the other cases before the committee, for the general admis tion of railroad iron free of duty for a longer pejod than the tariff of last session justified. The bill proposed to give this company till the 1st day of December next to lay down the rails, so that the work might go on gradually, and be well done.

Mr. BUCHANAN inquired what was the quantity of iron involved in the bill?

Mr. EVANS said, about 2,000 tons.

Mr. BUCHANAN asked whether the tariff law was to be repealed, because it did not suit the con. renience of the company to comply with its provisions? This bill came up suddenly this morning, And he had not time to examine it. He had no objection to let it pass this stage; but, unless his present impressions were removed, it should not ass any other stage by his vote.

There being no proposition to amend the bill, it was reported to the Senate, and ordered to a third eading.

Mr. MOREHEAD submitted the following resoation:

Revived, That the President of the United States be request. communicate to the Senate any letters or communications fe in the War Department relative to the granting by the Arash Government to the Hudson Bay Company, and by that pany to individuals, of any portion of the Territory of Iregun.

Mr. MOREHEAD made some remarks on the mportance of the resolutions, after the remarks of be Senator from Massachusetts [Mr. CHOATE] on esterday, on a portion of a report made out by Mr. Greenhow, concerning the cessions by Great Britain to the Hudson Bay Company, of land in the Oregon Territory; after which, the resolution was adopted.

The following bills were then taken up as in committee of the whole, considered, reported to the Senate, and ordered to a third reading, viz:

House bill (319) for the relief of Samuel Hambleton.

House bill (427) for the relief of the administrator of John Jackson.

House bill entitled "An act for the payment of seven companies of Georgia militia, for services rendered in the years 1840 and 1841, "was taken up as in committee of the whole.

Messrs. KING and CALHOUN did not see the necessity for the passage of this act, inasmuch as they did not know the reason why these militia could not be paid under the existing general law, which provided that all militia called out by the Governors, and mustered into the service of the United States, should be paid, upon the muster-rolls showing the service being duly authenticated and presented at the War Department. If the service was actually performed, and the militia entitled to pay under the provisions of the existing law, but, owing to some informality could not receive it, they were willing to vote for a bill to authorize paymeat, notwithstanding such informality.

Mr. CRITTENDEN remarked that the Committee on Military Affairs were satisfied that these militia were entitled to pay; and reported back the bill for that purpose. They did not, however, inquire into the reason why the War Department had not allowed the pay under the existing law. He had no objections to let the bill be postponed until the exceptions taken by the War Department could be inquired into.

The bill was then, on the motion of Mr. KING, laid on the table until the inquiry could be made. Mr. MOREHEAD presented the credentials of JOHN J. CRITTENDEN, esq., who was elected by the Legislature of Kentucky to be a Senator from that State in the Congress of the United States, for six years from and after the 4th day of March next.

THE EXCHEQUER BILL.

On motion by Mr. TALLMADGE, the bill amendatory of the several acts establishing the Treasury Department of the United States was taken up, and postponed till Wednesday next, and made the special order for that day; and Mr. T. ex.pressed a hope that they would be able to give it consideration at that time.

Mr. TALLMADGE presented a memorial from John Golden, of the city of New York-who represen's that, in 1835, he received a patent, under the United States patent laws, for an invention of his to issue credit paper; and that he has the exclusive right to that kind of issue; and prays that authority be given him by Congress to issue an amount of credit checks, not exceeding $100,000, under the exchequer board, on his own name, in consideration of his yielding up to Congress his rights under his patented invention. This, being a subject of finance, was referred to the Committee on Finance.

House bill entitled "An act for the relief of Thomas Copeland," was taken up, as in committee of the whole.

Mr. CRITTENDEN made some remarks explanatory of its provisions, and said that the Judiciary Committee were of opinion that it should not pass. He moved that it be indefinitely postponed.

Mr. STURGEON made some remarks in favor of the passage of the bill.

The question was then put on the motion for indefinite postponement, and decided in the affirmative.

The bill to refund the balance due to Massachusetts for disbursements during e late war with Great Britain, came up in order, as in committee of the whole, on an adverse report of the Committee on Military Affairs; but was, on the motion of Mr. BATES, postponed till Tuesday next, and made the special order for that day.

The bill for the relief of William De Peyster and Henry N. Cruger was taken up as in committee of the whole; and, after a few remarks by Mr. CRITTENDEN, explanatory of its provisions, and there being no motion to amend, it was report. ed to the Senate, and ordered to be engrossed for a third reading.

Mr. SEVIER presented a memorial from the

delegation in the House of Representatives from the Territories, soliciting the appointment of a standing committee by the Senate, to be called the Committee on Territories, to take charge of Territorial business; which being read, Mr. S. gave notice that he would on to-morrow morning introduce a resolution so to amend the rules of the Senate as to authorize the appointment of a standing committee of five, to take charge of Territorial business.

The PRESIDENT pro lem. presented to the Senate the credentials of GEORGE MCDUFFIE, Esq., who was elected by the Legislature of South Carolina a Senator from that State, in the Congress of the United States, for six years from and after the 4th of March next; which were read.

Senate bill entitled "An act to regulate enlistments in the army, and navy, and marine corps," came up in order as in committee of the whole.

Mr. BAYARD remarked that there was a proviso in the bill which provided that no negro or mulatto should be enlisted in the service of the United States, except in the capacity of musicians, cooks, or stewards. This provision (he said) was introduced into the bill at the last session, on the motion of the Senator from South Carolina [Mr. CALHOUN] after considerable discussion. The committee thought it better, therefore, to let it remain. It was his wish, however, that this proviso should be so modified, that, for temporary service in unhealthy climates, negroes or mulattoes may be treated as a part of the crew on board of those vessels in which they may be employed. On the coast of Africa and the Chinese Sea, it was extremely unhealthy; in consequence, they were compelled to employ natives of the country temporarily to do such duties as were required to be done on shore. It was not proposed to employ negroes in the service, in our own countrysnch was not the object of the amendment; but, as he said, its object was to authorize the teinporary enlistment on foreign stations, and in unhealthy climates. If they were employed at all, it was necessary that they should be enlisted, that they might be subject to the rules and articles of war, and be entitled to receive their pay.

Mr. BENTON was understood to remark that this was the way the thing spreads. One of the requirements of the new British treaty was, that 80 guns should be kept on the coast of Africa. So, in order to carry out that treaty, it now becomes necessary to permit negroes and mulattoes to be enlisted in the service of the United States. He was against it altogether. He was opposed to the repeal of existing laws for any such purpose.

Mr. BAYARD thought the Senator was under a mistake in supposing there was any existing law which precluded negroes or mulattoes from being enlisted in the service of the United States. The superior courts had, indeed, decided that foreigners could not be enlisted; but there was not one word against negroes or mulattoes, until this identical bill was passed by the Senate last session, with the proviso suggested by the Senator from South Carolina, [Mr.CALHOUN,] which limited the purposes for which they might be enlisted. Although this bill had passed the Senate, it was too late to meet the action of the other House, and it fell to the ground. On bringing it forward again, he had learned that the few amendments now offered would be neces sary. It was the opinion of an experienced officer serving on a foreign station, that this amendment would place it in the power of the service to spare the lives of Americans, who could not stand the climate on land, at night, in the vicinity of the Chinese seas and other stations. At Ceylon, he was informed, a whole boat's crew might perish by being obliged to lie on shore one night; for such things had happened where boals were sent for water, and had to stay on shore for the night. Now this bill would enable our officers on such stations to employ, for temporary purposes, and for a limited time, the natives, who are accustomed to the climate, and can stand it.

The question was then put on the amendment, and disagreed to-ayes 14, noes 17.

Several verbal amendments were made, and the bill was then reported to the Senate, and ordered to be engrossed for a third reading.

OREGON TERRITORY.

The order of the day brought up, as the unfinished business, the bill for the occupation and settlement of the Territory of Oregon, on which the pending question was the passage of the bill.

Mr. MOREHEAD, who was entitled to the floor, said that, for reasons which he had stated this morning, when offering the resolution calling for information from the executive department as to the allegation that the British Government had made grants in the territory, and which information he expected would be laid before the Senate tomorrow morning, he would move that the bill be passed over informally; as it would be extremely desirable, in the further discussion of the subject, that there should be some knowledge of the grounds on which the allegation, so often alluded to, had to

rest.

Mr. BENTON said that, before the question was put on the postponement, he would ask the indulgence of the Senator for a few remarks which he deemed it necessary to make in answer to the Sena or from Massachusetts [Mr. CHOATE] who spoke yesterday. It was chiefly in reference to the Northwestern boundary line agreed upon in the late treaty. A good deal had been said about the Northeastern boundary line, without the subject being at all exhausted; and it was now time to say something about the Northwestern boundary line of that treaty.

Mr. B. then produced a large map of the territory though which the Northwest boundary line passes, and pointed out the trading route, called the portage route, from the Pigeon river to the Lake of the Woods, and the route called the water communication, lying considerably to the north of the portage route. What he contended was, that the treaty of 1783 designated the water communication as that intended for the boundary line, and that it was the true boundary line of the United States. He further contended, that so convinced were the British themselves of this fact, that, in 1802, they broke up the depot of their Northwest Fur Company at Grand Portage, and removed it fifty miles north, for the purpose of getting off the territory of the United States, and evading the duty to which their goods were liable to the United States. The portage route was then exclusively ours: and we had, by the treaty of 1783, a joint right to the use of the northern watercourse forming the intended boundary line. By the treaty of 1842, our American negotiator had surrendered up what was admitted by the British to be ours in 1849, had given them the exclusive right to the northern water communication; and had brought them back to the joint occupancy of the portage route; from which, like the Jews, they were forty years wandering in the wilderness. Their hearts yearned after the flesh pots of Egypt, and this modern Joshua had led them through the wilderness to their land of promise. And not content with giving them everything they craved, he made the President say, in his message, things calculated to make the American people believe that everything of theirs which he had given away, instead of proving a loss, proved an acquisition of four millions of acres of valuable mineral lands.

Mr. CHOATE replied, and entered upon proof, from what he considered concurrent testimony, that the water communication meant by the treaty of 1783 was the portage route-partly water and partly portage; because, from the beginning of the world to that day, no other route or communication was ever known from the Pigeon river to the Lake of the Woods. What he contended for was, that, as the words of the treaty of 1783 could not literally be applied to any one line of communication-no watercourse from the river to the lake being continuous-they must be taken in the geographical sense, and could apply to nothing else but the known and established route travelled by the French, when they owned Canada, before 1760, and by the English, who succeeded them, down to the time of the treaty of 1783.

[This explains the point of controversy between the two Senators, so far as it can be rendered intelligible without the aid of maps. They alternately addressed the Senate several times-referring to

documents, maps, treaties, and evidence derived from statements made by both Englishmen and Americans]

The question was then put on passing over the bill informally, and agreed to.

On motion of Mr. SMITH of Indiana,
The Senate adjourned.

HOUSE OF REPRESENTATIVES. THURSDAY, January 19, 1843. Mr. WASHINGTON presented (under the rule of the House heretofore established) the petition of Lewis Gordon, a disabled seaman, praying a pension; which was referred to the Committee on Invalid Pensions.

Mr. REDING presented the petition of Theodore Gould, of Haverhill, New Hampshire, praying for a pension; which was appropriately referred.

Mr. BIDLACK presented three memorials from citizens of Pennsylvania, praying for the repeal of the bankrupt act; which were laid on the table.

Mr. RIDGWAY presented a memorial, signed by 48 merchants and others, of the county of Franklin, Ohio, praying Congress to restore the summer term of the United States circuit and district courts of Ohio, to Columbus, the seat of Government of that State. Also, a memorial signed by 11 mem. bers of the bar, and others, of the town of Delaware, Delaware county, Ohio, of the same character; which were referred to the Committee on the Judiciary.

AMERICAN HEMP.

Mr. GARRETT DAVIS called for the second reading of the joint resolution to establish agencies for the purchase of water-rotted hemp.

Mr. EVERETT objected to the consideration of any business out of its regular order.

The CHAIR suggested to the gentleman from Vermont, that the resolution came up upon its second reading under the rules. It was then read the second time, as follows:

Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That the Secretary of the Navy be, and he is hereby, authorized to establish an agency in the State of Kentucky, and an agency in the State of Missouri, for the inspection, test, and purchase of water-rotted hemp for the use of the American navy.

The resolution was then ordered to be engrossed for a third reading; and then, by general consent, read the third time, and passed.

Mr. MCCLELLAN of New York asked leave to offer the following resolution, which was read for information:

Resolved, That the Secretary of the Treasury be requested to report to this House copies of the returns made to him by the several district attorneys, clerks of the circuit and district courts, and marshals of the United States, of the fees and emeluments received by them, respectively, in pursuance of the provisions of the act entitled "An act making appropriations for the civil and diplomatic expenses of the Government for the year eighteen hundred and forty-two."

Mr. EVERETT objected to the resolution, under the apprehension that it would give rise to debate.

Mr. McCLELLAN moved a suspension of the rules; which being carried, the resolution was considered and adopted.

SOLDIERS OF OLD INDIAN WARS. Mr. WHITE of Indiana presented a memorial and joint resolution of the Legislature of Indiana, praying the passage of a law to extend the benefits of the act of Congress of June 7, 1832, to the vol. unteers and militia who were in service against the Western Indians, from the nominal close of our revolutionary war by the treaty with England in 1783, to the final close thereof, by treaty with the Indians at Greenville, in 1795.

Also, a memorial and joint resolution of the same body, on the subject of the Post Office laws.

ARMED OCCUPATION OF FLORIDA. Mr. GIDDINGS asked leave to offer a resolution directing the Committee on Military Affairs to inquire into the expediency of reporting a bill to repeal the act of the last session of Congress entitled "An act providing for the armed occupation of Florida."

Objections being made by several,

Mr. GIDDINGS moved a suspension of the rules; but the motion was rejected without a division.

REPEAL OF THE BANKRUPT ACT. The SPEAKER announced that the next business in order was the bill reported by the Committee on the Judiciary repealing the bankrupt act.

Mr. CUSHING, in reply to questions from several members, asking which bill it was, explained that it was not the one that was passed, and upon which a motion for reconsideration was pending; and moved to lay it on the table, which motion was carried.

FRANKING PRIVILEGE.

The bill to authorize the chief clerk in the Department of State to frank public and official documents sent from that office, was read the second time, and ordered to be engrossed for a third reading.

Mr. BRIGGS called for the third reading of the bill, and observed that it was only authorizing the chief clerk in the Department of State to do what the Secretary has the right to do.

Mr. EVERETT objected to the third reading today, and the bill was therefore passed over.

Mr. CAVE JOHNSON asked the House to take up the bill introduced by him, prohibiting extra allowances to officers of the Government,

Mr. CUSHING objected, and the motion was not, therefore, put to the House.

Reports of committees, being the next business in order, were called for by the Chair, and the following were made:

Mr. MOORE, from the Committee on Private Land Claims, reported a bill to revive the act entitled "An act to enable claimants to lands within the limits of Missouri and the Territory of Arkansas to institute suits to try the validity of their claims," approved May 26 h, 1824; and extending the same to claimants to lands within the limits of the States of Louisiana and Mississippi, and for other purposes read twice, and referred to the Committee of the Whole on the state of the Union.

Mr. MOORE, from the same committee, also reported a bill for the relief of Philander Smith and James Young; which was read twice and referred.

Mr. DEBERRY, on leave, presented the joint resolutions of the Legislature of North Carolina on the subject of the United States arsenal in that State: laid on the table.

Mr. STANLY, from the Committee on Military Affairs, moved that said committee be discharged from the further consideration of the petition of sundry citizens of Virginia, on the subject of the superintendency of the national armories; which motion was agreed to.

Mr. STANLY, from the same committee, reported a bill in addition to the act for the payment of the Florida militia, who were called into service during the years 1839 and 1840: read twice, and referred to the Committee of the Whole on the state of the Union.

Mr. W. O. BUTLER, from the same committee, reported a bill to amend the act entitled "An act respecting the organization of the army and for other purposes," approved 23d August, 1842: read twice, and referred to the Committee of the Whole on the state of the Union.

Mr. GOGGIN, from the same committee, moved that it be discharged from the further consideration of the memorial of Uriah Brown; which was agreed to.

Mr. CALHOUN, from the Committee on Naval Affairs, reported the following joint resolutions, which were severally twice read, and referred: A joint resolution in favor of Frances M. Lewis; and

A joint resolution in favor of Mary Neale. Mr. F. WOOD, from the same committee, reported a bill making an appropriation for the construction of a floating dry-dock at Pensacola; which was twice read, and referred.

Mr. CUSHING, from the Committee on Foreign Affairs, to which was referred so much of the message of the President of the United States as communicated the late treaty with England, reported a bill for carrying said treaty into effect; which being read,

Mr. CUSHING observed, that the House would perceive that the bill just reported was for execut

27TH CONG.........3D SESS.

Continued from No. 11.

ing what was called the Ashburton treaty. The Committee on Foreign Affairs had charge of the general subjec', by the reference to them of a portion of the President's message at the commence. ment of the session, and particularly by the reference of the message communicating the treaty. The committee had, therefore, reported this bill for the purpose of carrying into effect those provisions of the treaty which required the legislation of Congress. The sixth article was as follows:

1 is furthermore understood and agreed, that for the purpose of running and tracing those parts of the line between the Boarce of the St. Croix and the St. Lawrence rivers, which will require to be run and ascertained, and for marking the residue of said line by proper monuments on the land, two commission. er shall be appointed-one by the President of the United States, by and with the advice and consent of the Senate thereof, and one by her Britannic Majesty; and the said commissioners shall meet at Bangor, in the State of Maine, on the 1st day of May next, or as soon thereafter as may be, and shall proceed to mark the line above described from the source of the St. Croix to the river S. John; and shall trace on proper maps the dividing line along said river, and along the river St. Francis to the outlet of Lake Pohenagamook; and from the outlet of the said lake, they all ascertain, fix, and mark, by proper and durable monumects upon the land, the line described in the first article of a treaty; and the said commissioners shall make to each of their respective Governments a joint report or declaration, un. der their bands and seals, designating such line of boundary; and shall accompany said report or declaration with maps certified by them to be true maps of the new boundary."

In looking at the treaty, it was found that not only the 6th article, but others, required appropriations to carry them into effect; but for one of the other articles the Committee of Ways and Means had already reported an appropriation of $300,000 in the general appropriation bill, viz: to pay and satisfy the States of Maine and Massachusetts for the expenses incurred by them in protecting and surveying the disputed territory. It was found, however, by reference to the rules of the House, that the Committee of Ways and Means were prohibited from including in the general appropriation bills any appropriations for carrying treaties into effect. Therefore there were two appropriations to be made under that article; and it would be found, on referring to the rules of the House, that there was a rale providing that an appropriation for carrying out a treaty shall not be included in the general appropriation bill. The rule is in these words:

"Ia preparing bills of appropriation for other objects, the Committee of Ways and Means shall not include appropria

for carrying out treaties made by the United States; and where an appropriation bill shall be referred to them for their Cideration, which contains appropriations for carrying a realy into effect, and for other objects, they shall propose such seadments as shall prevent appropriations for carrying a treaty into effect being included in the same bill with appropria. dns for other objects."

Taus it became necessary that all appropriations for carrying out treaties should be made in separate bills; and in this case it was deemed judicious to do it in the bill providing for the appointment of a commissioner. The committee had also further, in the execution of the treaty, thought it proper to insert the 6 h section, for the provision of a squadron for the coast of Africa. That section 1s in these words:

SEC 6. And be it further enacted, That it shall be the Jaty of the President of the United States, in the execution of the provisions of the 8th article of said treaty, to apply so much of the naval appropriations as may be necessary therefor to the preperation, equipment, and maintenance of the naval force ereis stipulated to be employed on the coast of Africa by the Valed States."

As this bill contained appropriations he moved that it be referred to the Committee of the Whole on the state of the Union, in the usual course. Mr. C. J. INGERSOLL inquired if there was any report accompanying the bill.

Mr. CUSHING replied that there was not a report; bat he would state that it was contemplated to make a report, which would be presented before the bill came up for consideration.

Mr. C. J. INGERSOLL was understood to in quire the nature of the report.

Mr. CUSHING replied that he would only yet say that there would be a report.

After a few words of conversation and explana

WEDNESDAY, JANUARY 25, 1843.

tion between Mr. FILLMORE and Mr. CUSHING, the motion was agreed to.

The SPEAKER then continued the call for reports, and the following were presented:

Mr. C. H. WILLIAMS, from the Committee on the Territories, reported a bill entitled “An act making appropriation for a law library for the use of the court of appeals for the Territory of Florida;" which was read twice, and committed.

He also reported a bill making appropriations for completing the public buildings of Florida; which was read twice, and committed.

Mr. STALEY N. CLARKE, from the Committee on Revolutionary Pensions, reported a bill for the relief of Samuel Edgecomb; which was read twice, and committed.

And, also, a bill granting a pension to David Munn.

Mr. BABCOCK reported a bill for the relief of Jacob Miller; which was read twice, and committed.

Mr. GORDON, from the Committee on Invalid Pensions, made divers adverse reports.

Mr. READ, from the same committee, made an adverse report in the case of Peter W. Short.

Mr. STRATTON was also understood to make an adverse report on the case of James Stevens.

Mr. McKENNAN moved that the Committee on Roads and Canals be discharged from the further consideration of a petition for a harbor at Racine, and that it be referred to the Committee on Commerce; which was agreed to.

Mr. J. L. WILLIAMS, from the Committee on the Post Office and Post Roads, reported the Senate bill for the relief of the Steamboat Company of Nantucket; which was committed to the Committee of the Whole.

FINE ON GENERAL JACKSON.

Mr. HUNT (who was entitled to the floor during the morning hour, for fifteen minutes, being the residue of his hour, partly occupied on a previous day) then resumed his speech on the subject of General Jackson's fine, the resolution of the gen. tleman from New York [Mr. BowNE] coming up as the business next in order. He said his time was too limited to permit him to go into this subject as he desired; but he proposed to show that, by the Constitution of the United States, and the laws on the subject, Judge Hall was justified in the course he took; that he was bound to issue the writ as he did; and that he was equally bound, in reference to the dignity and the integrity of his court, to punish as for contempt, and to punish summarily. The first authority to which he would call the attention of the House was the third article of the treaty of Paris of April 30, 1803-the treaty by which this country obtained what is now Louisiana:

"ART. 3. The inhabitants of the ceded territory shall be incorporated in the Union of the United States, and admitted, as soon as possible, according to the principles of the Federal Constitution, to the enjoyment of all the rights, advantages, and immunities of citizens of the United States; and, in the meantime, they shall be maintained and protected in the free enjoyment of their liberty, property, and the religion which they profess."

The next authority to which he asked the attention of the House, was the act of the 8th of April, 1812, admitting Louisiana into the Union. The second section of that act provides as follows:

"And that all the laws of the United States, not locally inap. plicable, shall be extended to the said States, and shall have the same force and effect within the same, as elsewhere within the United States."

Now, what were the laws of the United States, that, by the article of the treaty of Paris, and the act admitting Louisiana into the Union, were to extend and operate over that State? The act of 1789, commonly called the judiciary act, showed what some of them were; and, amongst them, there was a law extending to the inhabitants of that State the writ of habeas corpus. He asked the attention of gentlemen to the 14th and 17th sections of the judiciary act of 1789. The 14th section was in these words:

VOLUME 12.... No. 12.

"That all the beforementioned courts of the United States shall have power to issue writs of scire facias, habeas corpus, and all other writs not specially provided for by statute, which may be necessary for the exercise of their respective jurisdictions, and agreeable to the principles and usages of law; and that either of the justices of the Supreme Court, as well as judges of the district courts, shall have power to grant writs of habeas corpus for the purpose of an inquiry into the cause of commitments."

The 17th section contained these words:

"That all the said courts, &c. shall have power, &c. and to punish, by fine or imprisonment, at the discretion of said courts, all contempts of authority in any cause or hearing before the same."

These 14th and 17th sections were expressly extended to Louisiana by the treaty to which he bad called the attention of the House, and by the act of 1812, from which he had already quoted; and yet the gentleman from Pennsylvania had said that there was no law there in force but the laws of Spain or Portugal, and France.

But, in this connexion, he referred to the 4th article of the Constitution of the United States, which, of itself, would settle this question. The 4th section of the 4th article of the Constitution has these words:

"The United States shall guaranty to every State in the Union a republican form of government, and shall protect each of them against invasion."

And now he would say a word to the gentleman from Pennsylvania [Mr. C. J. INGERSOLL] respecting the case of Judge Peck, which, probably, gave rise to the act of 1831. The gentleman from Pennsylvania would not find, from the beginning to the end of the proceedings in that case, (and the managers appointed on the part of this House were men of the highest abilities,) that it was assumed or admitted that in any other case than that under consideration could Judge Peck have been subjected to impeachment. Judge Peck had undertaken to punish as for contempt when the case was one of libel; but it was not admitted that in any other class of cases he could have been subject to impeachment. And he (Mr. H.) should like to know if, anywhere, contempt was punishable with the intervention of a jury? The gentleman from Pennsylvania had referred to the act of 1831, in the course of his observations, and, therefore, he (Mr. H.) would briefly allude to it.

In consequence of the act of Judge Peck, the Legislature of the country passed a law, pointing out the future limits within which judges should confine themselves; but, on looking over that law, he found that it expressly recognised the case exist ing be ore Judge Hall, and only went to strip judges of the power which Judge Peck exercised—of punishing as for contempt libel committed out of his court. With the permission of the House, he would read the first section of the act of March 2, 1831, which was passed in consequence of the act of Judge Peck. It was as follows:

"That the power of the several courts of the United States to issue attachments and inflict summary punishments for contempts of court, shall not be construed to extend to any cases except the misbehavior of any person or persons in the presence of the said courts, or so near thereto as to obstruct the adminis tration of justice; the misbehavior of any of the officers of the said courts in their official transactions; and the disobedience or resistance by any officer of the said courts, party, juror, witness, or any other person or persons, to any lawful writ, process, order, rule, decree, or command of the said courts."

Now, with what face could the gentleman from Virginia say that, in the act of 1831, there was any condemnation of the course pursued by Judge Hall? He (Mr. HUNT) Submitted, then, that, both by the Constitution and the laws of this country, Judge Hall was bourd, or he would have violated his oath of office, to issue the writ, and to punish contempt summarily and without the intervention of a jury.

Here the gentleman's hour expired, and Mr. BOTTS obtained the floor.

Mr. FILLMORE requested the gentleman from Virginia to give way, for a motion either to take up the question of reconsideration of the vote by which the bankrupt repeal bill was passed, or to go into Committee of the Whole.

The SPEAKER informed the gentleman from