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Jan. 22 to 28, 1829.]

School Lands.- Louisville and Portland Canal.

(SENATE.

THURSDAY, JANUARY 22, 1829.

the stockholders that the stock would be good ; and while, The Senate was wholly engaged this day on private in a pecuniary point of view, the Government would not bills and Executive business. Adjourned to Monday.

lose, he hoped the bill would pass without objection.

Mr BRANCH wished his friend from Kentucky would MONDAY, JANUARY 26, 1829.

suffer this bill to lie over, until the great question could There was no business transacted this day to give rise Senate providing for the distribution of the public money,

be settled ; it was known that there was a bill before the to debate.

doing justice to the country, and preventing the applicaTUESDAY, JANUARY 27, 1829.

tion, by Government, of money to purposes merely local. The Senate was this day engaged on private bills and This bill went further than any bill that had ever been Executive business.

presented ; by passing this bill, they were about to make

good the insolvencies and bankruptcies of the State of WEDNESDAY, JANUARY 28, 1829.

Kentucky. And were gentlemen prepared to take this

step? He trusted not: he hoped the bill would lie over. SCHOOL LANDS.

He was determined, in the general scramble for the public The bill “authorizing the relinquishment of the six treasure, to get what belonged to North Carolina-nothing teenth section in each township, granted for the use of more ; he did not want any thing more than her share. schools in Louisiana, and the entry of other lands in lieu If there was any objection to this, he should like to have thereof," then came up for consideration.

half a dozen members of the Senate cast the first stoneMr. SANFORD said, he presumed this bill was similar

those who live in houses of glass,” &c., says the proverb. in its provisions to the bill in relation to Alabama, which There was no gentleman in the Senate who had not, at had already passed the Senate. His principal objection some time or other, made similar applications. His State, to it was, that it depended upon the parties concerned in common with others, had instructed him to demand to say what lands were barren and unproductive, and he what belonged to her; and what was he to do? Was it thought some United States' officer should have power to not his duty to obey his instructions? And yet he thought examine the lands. Subsequently, Mr. Sanford moved it was wrong, and he wished to arrest this method of apan amendment, providing that the bill should have the plying the public money. If we have a sum to dispose of, same operation, “whenever the Commissioner of the Gen- let us do it equally and impartially. He regretted to hear eral Land Office should determine from evidence, satisfac- the reasons given for that grant; and he regretted to hear tory to himself, that said sixteenth section is barren and the equal distribution of the revenue opposed upon conunproductive ;" which amendment was agreed to.

stitutional grounds. By whom was this just method opMr. BARTON said, he thought there should be a posed? Was it by those who had uniformly opposed the provision introduced into the bill for all States simi distribution of money? No; but it was by men who were larly situated ; but as he had not the bill before him, always in favor of appropriating money for local objects. he could not move any amendment. Upon motion of He did not censure the gentleman for asking for this grant, Mr. B., the bill was then laid upon the table.

for it was no more than almost every member of the Senate A similar bill, in relation to the State of Mississippi, had done The constitutional question had been overwas also laid upon the table.

looked, and precedent after precedent had been estab

lished, until it was almost impossible to prevent it, or reLOUISVILLE AND PORTLAND CANAL.

fuse the applicants. Let us, said Mr. B., in conclusion, The bill "authorizing a subscription on the part of the check this system of legislation, which should make every United States to the stock of the Louisville and Portland member of the Senate blush when he looks it full in the Canal," was next taken up.

face. A new era is approaching, and let us make the basis Mr. CHANDLER said, he should like to have some of the new Administration upon equitable grounds. He reason assigned why the bill should pass.

hoped the bill would lie upon the table until the bill reMr. ROWAN said, it was easy enough to give the rea- ported by the gentleman from New Jersey, providing for sons why this bill should pass. The canal could not be the equal distribution of the surplus revenue, completed without the aid of the Government. Unfortu- and the question be settled. nately the calculation of the Engineer employed to survey Mr. JOHNSON, of Kentucky, supported the bill, and, the route, and estimate the expenses, proved erroneous, in reply to the remarks of Mr. BRANCP, assured the genand after the work was far progressed, it was found that tleman that, should any thing be found necessary for North the expense would far exceed the estimate. The canal Carolina, his vote should not be wanting. He was sorry was two miles and something less than a quarter in length, they had been obliged to make this demand; he regretted and cut out of the solid rock ; much had been done ; the as much as the gentleman from North Carolina did, the locks were nearly completed ; the excavated stone had necessity of making it. The work was commenced, no been removed, and about two-thirds of the work was com fraud had been committed, all the proceedings were fair pleted. Being thus delayed, the stock was below par, and honorable, and the enterprise had proved to be unand inany shares had been forfeited, in consequence of the lucky. The work was not one altogether local in its innon-payment of the amount called for. This forfeited terests; the stockholders were not contined to Kentucky; stock could not be sold to individuals at par. The present they were to be found in the Western States, in the Atbill provided that the Government should take it, and un- lantic States, and, he presumed, even in the State of North less the Government did take it, the work could not be Carolina. He was satisfied that there would be no loss to completed. The expenditures had already amounted to the Government of the United States, either in principal between two and three hundred thousand dollars; and it or interest; the work was two-thirds done, and now they was calculated that the amount provided for in this bill were checked by unforeseen consequences, and they apwould be sufficient to complete it. For this purpose, the pealed to Congress. If it was the first application of a Legislature of Kentucky had extended the time in which similar kind, he would pause ; but it was not ; and would it was to be finished for the term of two years longer. It he pause, after what had been done, if the State of North had proved to be a very great work, much greater than Carolina, similarly situated, had made this demand? He was ever anticipated by any body who had inquired into would not. He, however, now took the ground that the the subject. He was not going into the question of the Senate might reject it, and ought to reject it, if they conprinciple; it was merely a question upon the expediency sidered it altogether as a local object. But, could that be of taking so much of the stock. It was still believed by called local in which the whole Western country was in

should pass,

SENATE.]

Louisville and Portland Canal.

[Jan. 28, 1829.

terested, which was important to more than four millions very much divided as to the benefit of this measure to of people-more than fought the battles of our Revolu- that State; and many believed that it would give a benefit tion? If this was local, he wished gentlemen would tell to other States, trading through this river at the expense him what was general. This was the only manner in which of Kentucky. It would make very little sensation at this Government could distribute money in the Western home if the representatives should vote against the bill, country : for, of the twenty-five millions which were an- in consequence of this very division. The slave States nually paid into the Treasury, for what legitimate object paid more than the other States into the Treasury, becould it be expended in the West? There was none; and cause more duriable articles were consumed in those he was sufficiently latitudinarian in his construction of the States than in the States which manufactured for themconstitution, to vote for similar bills. Mr. J. offered a selves. statement of the affairs of the Company, which was laid It was a general principle that you should circulate upon the table.

most among those who paid the most. The circulation M. BRANCH then rejoined, and reiterated his objec- of money in the body politic should be like that of the tions.

fluids in the animal body-equal over the whole. The Mr. CHANDLER said, the Government had already only sum ever expended in Kentucky, was $100,000, apmade one subscription to the stock of this canal ; and propriated to this object. He hoped that the bill would when that other grant was made, they were hurried into not be postponed : for if the work was delayed, the Ohio it, without knowing the circumstances of the corporation. river was rising, there were deposites, and it would cost Now, it appeared the Government had engaged in it, and, an immense sum to clear the canal when operations should like other gamblers, they must play on, lo regain some be again commenced. In regard to internal improvements, portion of what they had lost. He wished to have some and to the tariff, he had always voted under instructions further understanding upon the subject, and therefore from his Legislature. He had his own opinions, but he was moved that it be made the order of the day for Tuesday not allowed to be influenced by them. In conclusion, he next, and the report offered by the gentleman from Ken- said it was not a local question, but a mere question of extucky be printed.

pediency, and he hoped it would not be postponed. Mr. NOBLE then addressed the Senate, in support of Mr. BRANCH replied, that he had opposed this bill, the bill.

as he had all similar ones, because he wished to have a Mr. SMITH, of Maryland, also went into an argument settled policy upon the subject. He represented a State to prove the general nature and importance of the work ; too high-minded to come here as mendicants ; they were he cited the precedents of other similar acts, and showed embarrassed, it was true, and the gentleman from Kenthat even North Carolina had not been without similar aid tucky had an awful responsibility to answer, for entertainfrom the Government. He opposed the postponement, and ing different opinions, and at the same time voting for the advocated the immediate passage of the bill.

very measures which had ground down the inhabitants of Mr. CHANDLER said, he had supposed that there the State he represented. He should not have mentioned would be no objection to a postponement, that gentlemen this subject had not the gentleman from Kentucky himself might obtain information ; but he had another reason for alluded to it. the postponement; he wished to offer an amendment to Mr. McLANE followed, in favor of the bill; he had the bill, the object of which was, to incorporate authority been opposed to it in the committee, because he doubted for the subscription to certain other stock ; and he would whether it could effect the object proposed. Mr. McLANE state, that, should the amendment be adopted, it would not then read an extract from the report of the Secretary of change his vote upon the passage of the bill.

War in 1824, showing that the work was considered not Mr. ROWAN replied, that he had no objection; that the only as a national, but one of the most important national gentleman might obtain information, but he was already objects, and that it was not local. in possession of all the information he could obtain on the Mr. CHANDLER did not wish the postponement from subject, and the report would give him no more ; it was any opposition to the canal ; he supposed the report renot worth printing. He certainly should not agree to any ferred to would give some information as to the expendipostponement for the amendment, nor should he agree tures heretofore made, but it appeared that it did not to the amendment. If the gentleman wanted a canal in contain any such exposition. He supposed that no memMaine, let his proposition stand upon its own basis ; he ber of the Senate would vote for an expenditure of money, presumed the gentleman would not wish to mingle the without having in his possession all the necessary informabland air of Kentucky with the more rigorous atmosphere tion ; but, if it was otherwise, he had nothing farther to say of Maine ; neither did he wish to mingle the two States about it. in this proposition. Such was that gentleman's habit of At the suggestion of Mr. ROWAN, Mr. CHANDLER opposing all grants of money—and he gave him credit for then accepted Friday, instead of Tuesday, as the day. his perseverance and his motive--that he believed the gen Mr. JOHNSTON, of Louisiana, said he was satisfied tleman had saved an amount equal to his weight in gold, of the necessity of the work, and, from an examination of every session since he had been in Congress He denied the report, he was satisfied that the atlairs had been prothe local nature of the work, for it was not local in the perly managed, and the money properly expended. He interests of the stockholders, but a very few of whom believed the work would be a profitable one: the increase belonged to Kentucky, and they were scattered all over of trade in that section of the country was inconceivthe country; all objects must be local in some measure, able. There was no place in the country in which so for all generals were composed of particulars. This was large a portion of the country was connected by so short as general as any thing of the kind could be ; here was a a canal. A reason for the immediate passage of the bill was, fall of about twenty-eight feet, in the course of two miles, that the waters will soon rise, and obsiruct the work. They in one of the greatest and most navigable rivers in Ame- were already in possession of all the information they rica, down which river must pass all the travel, all the could have ; and unless the bill passed immediately, it could goods, and all the munitions of war, intended for the not pass the other House ; and consequently the whole West. It was general to all the valley of the Mississippi ; work would be postponed for another twelve months. it was general in relation to national defence, if the West The work, said Mr. J., will be completed within the should ever again become the theatre of war. He wish- amount contemplated in the act of incorporation. The ed to do away the idea that it was to make up the bank resources of the company, including capital, property, ruptcies of Kentucky. It was, as he said before, a mere &c., were fully adequate to the completion of the canal. question of expediency. The State of Kentucky has been He had taken some pains to ascertain the amount of

Jan. 29, 1829.)

Judiciary.-School Lands.

(SENATE.

98

trade passing through the Ohio river, and found it to be sion of the report suggested several modes in which the as follows:

inequalities might be removed ; and the subject had become one of so much importance, that he wished to have

it brought before the Senate. If it could be made the Years. Steam Boats. Arrivals. Tons. order of the day for some early day hereafter, he should

prefer it to having it laid upon the table ; but he was wil

ling to agree in any measure thought most expedient. 1823 42

19,453

Mr. BERRIEN said, he was willing to have it made the 1824

36

120 20,651 order of the day, if, when that arrived, the Senate would 1825

42
140 24,969

be prepared to act upon it. But they probably would 1826

51

182
28,914

not; if it was laid upon the table, it could be called up at 1827

62
277 48,744

any moment, and discussed. Therefore, he renewed
his motion, and the bill was laid upon the table.

SCHOOL LANDS. And the tonnage for 1828 might be estimated at fifty thousand tons, all of which would pass this canal.

On motion of Mr. BARTON, the Senate proceeded to Mr. BENTON supported the bill on the grounds of its consider the bill allowing the relinquishment of the siximportance; that it was not a new application ; and that it teenth sections appropriated for schools in the State of would not be any loss to the United States.

Mississippi, and the entry of other lands in lieu thereof. The question was then taken upon the motion to post

Mr. BARTON moved to strike out the word “ Missispone till Friday, and lost.

sippi,” and insert “ any township in any State or terri. Mr. HOLMES moved to lay the bill on the table till to

tory of the United States ;" which was agreed to. morrow; which was lost.

On motion of Mr. WILLIAMS, The question then recurred on ordering to a third

The amendment offered yesterday by Mr. SANFORD reading; and it was decided in the affirmative-yeas 24, to a similar bill for the State of Louisiana was incorponays 18.

rated with this bill. Mr. BRANCH called for the yeas and nays, which were

Mr. EATON moved to insert the words “ in all cases," as follows:

which was agreed to.

The question then arising on the passage of the billYEAS.—Messrs. Barton, Benton, Bouligny, Burnet, Mr .BRANCH said, he could view these grants of the Chase, Chambers, Eaton, Hendricks, Johnson of Keno public lands in no other light than as pure donations, withtucky, Johnston of Louisiana, Kane, McKinley, McLean, out any equivalent at all. He would ask the gentlemen, Marks, Noble, Ridgely, Robbins, Rowan, Ruggles, Sey- when they were giving the lands away, why they would mour, Silsbee, Smith of Md., Webster, Williams.-24.

not give to the old States? He appealed to their liberaliNAYS.-Messrs. Bell, Berrien, Branch, Chandler, ty. He wished the bill to be amended to that effect. Dickerson, Foot, Hayne, Holmes, Iredell, Knight, Prince, He believed he should get at his object more readily by Sanford, Smith of South Carolina, Tazewell, Tyler, the recommitment of the bill, and he therefore made the White, Willey, Woodbury.-18.

motion, for the express object of making some provision

for the old States. THURSDAY, JANUARY 29, 1829.

Mr. KANE explained the bill. In the settlement of THE JUDICIARY.

the terms upon which the new States were admitted, the

sixteenth section in each township was reserved for the The report of the Committee on the Judiciary on the use of schools ; in many cases this sixteenth section resolution, instructing them to consider the expediency of had proved to be barren and unproductive, and the bill amending the Judicial System of the United States so as provided that, in such cases, the town should be allowed to equalize the distribution of justice, and place all the to select good land, in order that the original intention States on a similar footing, was considered.

might be carried into effect. Now, said Mr. K., if North Mr. BERRIEN said, the resolution was upon a subject Carolina is laboring under the disadvantage of having of great magnitude and importance ; it had excited great bad school lands granted to her, she is already provided interest in the National Legislature, both now and at other for by the amendment of the gentleman from Missouri. times. The committee were instructed to inquire into If North Carolina has no such lands, she has no interest the expediency of amending certain alleged inequalities in the bill. If the gentleman wished for a new grant, he in the present organization, and suggest such measures as would suggest whether it was proper to incorporate it in their opinion would remedy the difficulty. So far as with the present bill, which was for another purpose ? regarded the present Judicial System, no diversity of Mr. BRANCH said, he was not in Congress at the time, opinion was entertained in the committee ; all agreed that but he remembered perfectly well, some ten or fifteen there was an inequality, which should be removed; but years ago, when new States were admitted, when this when the committee came to inquire what was the remedy, provision was made, that the old States made a claim for they found it impossible to report any specific plan. a sinilar grant, which was resisted on the ground that this The result had been, that, in their report, they had gone was not to be considered as a donation, because the Gointo a historical account of the Judicial System, showing vernment would receive an equivalent in the enhanced vathe inequalities, and stated their inability to concur in any lue of its own lands situated adjacent to such school lands. specific plan. Their object had been to present the He would ask how they received an equivalent when such subject to the consideration of the Senate in such a man lands were worth nothing? If they received no equivaner that it should be open to the members of the Senate, lent, then it was a donation. whether belonging to the Committee or not, to suggest Mr. BENTON then took the floor in opposition to the any specific plan for the removal of this evil. It was, per- recommitment, and recapitulated the terms upon which haps, a subject of too much importance to be discharged at the States were admitted, and the reservations made ; and the present moment, and it appeared to him to be a more concluded by saying as he had a thousand times before said, appropriate treatment of the subject to lay it upon the that the new States did not consider this grant of a section iable, ibat it might be called up at some future time. Ac- for the benefit of schools as a donation, for the governcordingly, he moved to lay the report upon the table. ment received an equivalent in the privileges granted. Mr. WEBSTER added, very briefly, that the conclu Mr. HENDRICKS said, that the proposition of the Se

VOL. V.-7

SENATE.]

Exploring Expedition.

Jan. 30 to Feb. 5, 1829.

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nator from North Carolina opened a wide field, and em other word. He cared not for terms, but thought it was
braced principles which he had not expected would be absolutely certain that the Congress of the United States,
drawn into argument in this incidental way. He alluded in passing laws requiring these compacts, understood the
to the compacts, the principles on which the new States subject very differently from the Senator from Missouri.
were entitled to admission into the Union, and the prin Congress had required the new States to stipulate that
ciples on which they were admitted. The Senator from they would not interfere with the primary disposal of the
Missouri (Mr. BENTON) had said, that the new States soil, and that they would not tax the lands for a specified
had been greatly prejudiced by the compacts. In that period after their sale. Now if the Congress of that day
opinion he fully concurred. It was his opinion that the believed that the States, without these compacts, after
new States would be benefited by annulling those com- their admission into the Union, would have no such pow-
pacts, and he had heretofore expressed that opinion to er, why was it thought necessary to restrict them by com-
the Senate. He repelled the idea that the compacts had pacts? It is evident that Congress believed the power
been made for the benefit of the States; said they had would exist in the States, or they would have taken no
been enacted by law, and originally imposed on the States, measures to restrain its exercise-would not have imposed
rather than asked for by them ; said their validity had been the compacts. He would respect the compacts while
questioned, and might well be questioned, on various they had the form of existence, but it would surely be
grounds; referred to the resolutions of Louisiana, and to permitted to the new States, even at this late day, to say,
the proceedings of the Legislature of Indiana, on the that they had hard bargains, and that Congress ought not
subject of the public lands, and to the proximate attitude to retain the advantages they gained. Mr. H. spoke of
of Alabama, Illinois, and Missouri, on the same subject. the political balance which had originally adjusted the
The doctrine, that any political community may transfer powers of government between the States and the Union,
to another political community its sovereignty, or a por- and said that, if this balance were destroyed by cessions,
tion of it, might well be questioned, and the doctrine of on the part of the States to the Federal Government,
the perpetual obligation of those compacts, was surely whether of abstract political power, or the object of its
very objectionable. It was in derogation of a principle exercise, that their system was destroyed.
at the basis of our institutions the principle which assert Mr. NOBLE next addressed the Senate in opposition
ed the right of every free people to change and modify to the recommitment of the bill.
their constitution and laws, from time to time, as their Mr. BERRIEN said he had given a notice yesterday,
condition may require. He would strictly observe the and, for the purpose of redeeming his pledge, he moved
faith of compacts, but it was surely allowable to suggest to lay the bill upon the table, and that the Senate proceed
every objection to them. He denied the power of the to the consideration of Executive business; which motion
States to transfer the right of their own soil to the Fede- prevailed.
ral Government, and the power of the Government to ac-
cept such transfer; and said, that, for this opinion, there

FRIDAY, Jan. 30, 1829.
was the highest authority. He referred to the construc-
tion of the constitution given by Mr. Monroe, in his veto

After the consideration of Executive business, the Senon the Gate bill, and to a recent argument in the other ate adjourned to Monday. House, on the same subject; he would not enter further into the argument, but disclaimed the allegation that the

MONDAY, FEB. 2, 1829. compacts were made for the benefit of the new States.

The Senate was chiefly occupied this day in the conIf the Senator from North Carolina had, in his State, va sideration of Executive business. cant lands, and wished to appropriate them to the purposes of education, he would not object, but he did object

TUESDAY, FEB. 3, 1829. to an appropriation of the soil within the limits of the State he had the honor to represent, for those purposes

The Senate was principally occupied in the considerain North Carolina.

tion of Executive business. Mr. BARTON said, if it was true that there was no validity in the compact, as it was called, although he consi

WEDNESDAY, FEB. 4, 1829. dered it no compact, but merely an arrangement between The Senate was engaged in the consideration of Execuowners of property for the best disposal of that properly, tive business for near three hours this day. on the supposition that the individuals, when making the contract for their descendants were but as minors, then

THURSDAY, FEB. 5, 1829. the gentleman from North Carolina was manifestly right in his proposition to admit the old States. He did not

EXPLORING EXPEDITION. himself consider these compacts invalid ; he considered

The following resolution, yesterday submitted by Mr. them merely arrangements between all the owners of a

HAYNE, was iaken up for consideration: common property to dispose of that property. He could not discover any objection to the claims of the old States

Resolved, That the President of the United States be that had school lands. He thought the new States were

requested to cause to be laid before the Senate a detailed entitled to such lands as were granted to them for the use

statement of the expenses incurred in fitting out and preof schools without the old States coming in. He did not paring an expedition for exploring the Pacific Ocean and see that there was any invalidity on the ground of minority, South Seas; together with the additional amounts which and believed the whole argument wrong; for it was. an

will be necessary to cover all the expenses of such an exarrangement made between parties fully competent.

pedition. And that he be also requested to cause to be Mr. HENDRICKS replied, that the Senator from Mis- submitted á detailed statement, showing the several souri (Mr. BARTON) had said, in reference to his former amounts transferred from the different heads of appropriaremarks, that if the compacts were of no validity, then tions for the support of the navy to this object, and the certainly the proposition of the Senator from North Caro- authority by which such transfers have been made.” lina was correct--for then the public lands, unembar "In explanation of the object of the resolutionrassed by all restrictions, would belong to the Union, Mr. HAYNE said it had been submitted by him under and might fairly be distributed among the States. He the direction of the Committee on Naval Affairs. A bill wished to be correctly understood. Perhaps the word from the House of Representatives, appropriating 50,000 validity would not so well express his meaning as some dollars for the purpose of exploring the Pacific Ocean and

FEB. 5, 1829.)

Exploring Expedition.

SENATE.

South Seas, had been referred to that Committee, in con seas, for that purpose ; and that he be requested to afford sequence of which their Chairman had been directed to such facilities as may be within the reach of the Navy address a letter to the Secretary of the Navy, requiring of Department, to attain the object proposed: Provided it him an explanation of the views of the Department as to can be effected without prejudice to the general interest the objects of the expedition, and a statement of the ex of the naval service ; and provided it may be done withpenses already incurred, with an estimate of the further out further appropriations during the present year.” expense that would be incurred in fitting it out.

An an

These resolutions were never sent to the Senate for swer had been received from the Secretary, which was their concurrence, and consequently could not be consinot altogether satisfactory to the Committee. He had dered as sanctioned by Congress. Nevertheless, the Segiven an explanation of the plan of the expedition, and cretary of the Navy had acted upon the subject, in the what had already been done in furtherance of it ; stated same manner as he would have done, not only if the resosome of the expenses which had been incurred, but did lutions had passed both Houses, but as if the original bill not give all the information required. The want of the had become a law. The specific appropriations made for accounts was the reason alleged why the desired informa- the general purposes of the navy had been applied, at tion had not been afforded. In the examination of the sub-pleasure, towards this object; and now this bill is sent ject by the Committee, some circumstances had occurred, to us for our approbation, going to sanction what had alwhich induced them to submit this call. In order to pre- ready been done by the Secretary. This was its object. sent to the Senate the views which influenced the Commit. It appeared to the Committee as of the last importance tee, he would give a brief history of this exploring expe- that this matter should be carefully looked into. The dition, and state what had already been done in reference Senate was a co-ordinate branch of the Legislature, and to this subject.

no appropriation could legally be made for a public object At the last session of Congress, the projector of the ex

without their concurrence. Whether appropriations made pedition came to Washington, bringing with him several by law for particular objects should be suffered to be memorials, signed by persons of respectability, praying transferred to those which were not authorized by law, that Congress would either fit out an expedition for the was a question which it was desirable to bring to the view purpose of making explorations at the South Pole, or that of the public. The resolution (Mr. H. said) furnished no they would aid in fitting out such an expedition. The me authority for what had been done in this case. And he morials were referred to the Committee of Naval Affairs quoted that clause of the constitution which provided that in the other House, who communicated with the Head of “every order, resolution, or vote," to be obligatory, must the Navy Department on the subject; and he held in his have the sanction of both Houses, and be approved by the hand the letter of the Secretary of the Navy to that Com- President. An appropriation bill had no effect, unless mittee, from which he would read a few extracts for the passed by both Houses, and approved by the President ; information of the Senate. [Here Mr. H. read from the and the rule was the same as to resolutions requiring the letter of the Secretary as follows:]

appropriation of money, or which related to any matter of

But if these resolutions of the House of “ The expedition ought not to be large nor expensive. public concern. Other nations have erred on this point. It seems to be Representatives could be considered as an authority, they the desire of the memorialist that Congress should afford had not been pursued. aid, not furnish the whole expense.

If this mode be

Mr. H. then commented on the resolutions passed by

preferred by the Committee, all that the bill need provide is, the other House, and explained their object. They prothat the sum of dollars be appropriated to aid in vided for sending out one of our small vessels, provided it fitting out an expedition to explore the Pacific Ocean and could be done without injury to the public service, and South Seas.' If it be the intention that the whole ex

without any increase of expenditure : in other words, that

one of our small cruising vessels might be detached on pense should be borne by Government, the bill ought to

this service. provide, • That the President of the United States be,

But the measures pursued by the Secretary and he is hereby authorized, to cause to be fitted out an

were the same as if the law now before the Senate had

It seemed, the Seexpedition to explore the Pacific Ocean and South Seas; been passed during the last session. and that the sum of - dollars be, and the same is here- cretary had considered the resolution in the light of a by appropriated for that object. The blank ought to law, giving him an unlimited discretion. What had been

done? Why, the Peacock had been rebuilt, at an expense be filled with 45,000 or 50,000 dollars."

probably exceeding the construction of a sloop of war; On the receipt of this communication from the Secre- she had been double timbered, and otherwise fitted for tary (said Mr. H.), the Committee reported a bill, simi- this particular service. A brig had been purchased, at an lar, he believed, in all its provisions, to that now before expense of ten thousand dollars, (with the understandthe Senate, taking the whole matter into the hands of the ing, it was true, that, if the expedition was not sent out, Government, authorizing the President to cause the ex- she should be taken back by her owners.) A schooner pedition to be fitted out, and appropriating 50,000 dol was also to be procured, to serve as a provision ship. An lars for that object. The Committee reported the bill agent had been employed to procure information, at an some time in March, but it was not acted on

-Congress

expense of from five hundred to one thousand dollars; being either unwilling to act upon the subject at all, or and, in addition to the naval officers selected for the sernot having time to do so. Congress having omitted to vice, a scientific corps had been organized : five or six perpass the law, there was, of course, an end of the matter.

sons, such as an astronomer, a naturalist, draughtsman, and Within a few days of the close of the session, however, surveyors, had also been engaged, together with an histoviz, on the 19th of May, a member of the House sub

riographer. One of these was to make observations on mitted the following resolutions, which, on the 21st of the

our commerce, another was to write the history of the same month, were considered and agreed to by that expedition, &c. House, viz:

The salaries of these officers, we are informed, would Resolved, That it is expedient that one of our small each average about 1,600 dollars per a public vessels be sent to the Pacific Ocean and South Seas, siderably more, and some less. The mathematical instruto examine the coasts, islands, harbors, shoals, and reefs, ments had cost about 2,000 dollars ; in addition to which, in those seas, and to ascertain their true situation and de- extra supplies and provisions were to be procured. These scription

were some of the expenditures already contracted for, Resolved, That the President of the United States be and incurred, which had been drawn without any lawful requested to send one of our small public ships into those authority from the appropriątions for the navy. It was

um-some con

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