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At 12 o'clock, the Senate was called to order by the Secretary, Mr. LOWRIE, (the VICE PRESIDENT being absent, and the President pro tempore, Mr. TAZEWELL, having resigned his seat in the Senate,) and thirty-two members appearing in their seats, and there being a quorum, Mr. SMITII, of Maryland, moved to proceed to the election of President pro tempore, which was agreed to.

Mr. POINDEXTER said he understood it was the intention of some of his friends to bestow their suffrages on him for President pro tempore. He desired to state, in advance, that his duties as Senator of the people of Mis} sissippi would require his particular attention on the floor

VOL. IX.-1

of the Senate. It would, therefore, be extremely inconvenient for him to discharge the duties of the Chair, and he requested that the kind partiality of his friends should be waived on this occasion, and that they would make choice of some other Senator, as presiding officer. The Senate then proceeded to ballot for President protempore as follows.





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There being no choice, the Senate proceeded to a second ballot, which resulted as follows:





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ballot the third time, which resulted as follows: There still being no choice, the Senate proceeded to










A fourth ballot was then had with the following result:





The Senate proceeded to a fifth ballot, which resulted follows:



17 14


ceived a majority of all the votes, was declared duly The Hon. HUGH L. WHITE, of Tennessee, having reconducted to the chair by Mr. TYLER, of Virginia, reelected PRESIDENT of the Senate, pro tempore, and being turned his acknowledgments to the Senate, as follows: acknowledgments for the stinguished honor conferred "To the members of the Senate, I tender my sincere by their vote,

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Vetoed Bill.—Standing Committees.


"No person, who has been so long a member of this body, could have been selected, who has made the rules of its proceedings less an object of his study. This circumstance will make my errors more numerous than might be anticipated, and will throw me oftener on the kind indulgence of the Senate.

The principle which this bill authorizes, varies_not only from the practice uniformly adopted by many of the

"Whatever my errors may be, I have the consolation of knowing that they can be revised and corrected at the instance of any member; and I beg every one to believe, that so far from feeling hurt at the correctness of my decisions being questioned, it will be matter of gratification, that the sense of the Senate may be taken, in every instance, when it may be supposed I am mistaken. "Whatever industry and attention can do towards re-accounting officers in the case of individual accounts, moving defects in qualifications, I promise shall be done; and in those of the States finally settled and closed preand I shall take the chair, determined that, in anxious deviously to your last session, but also from that_pursued sire to do that which is just towards every member, and under the act of your last session for the adjustment that which will most promote the correct discharge of the and settlement of the claims of the State of South Caroimportant business we may have to perform, I will not be lina. This last act prescribed no particular mode for the exceeded by any who have preceded me." allowance of interest, which, therefore, in conformity with On motion, it was ordered that messages communicating the directions of Congress in previous cases, and with the the election of Mr. WHITE as President pro tempore, be uniform practice of the Auditor by whom the account was sent to the House of Representatives, and to the Pre-settled, was computed on the sums expended by the State sident of the United States. of South Carolina for the use and benefit of the United States, and which had been repaid to the State, and the payments made by the United States were deducted from the principal sums, exclusive of the interest; thereby stopping future interest on so much of the principal as had been reimbursed by the payment.

I deem it proper, moreover, to observe, that both under the act of the 5th of August, 1790, and that of the 12th of February, 1793, authorizing the settlement of the accounts between the United States and the individual read-States, rising out of the war of the Revolution, the interest on these accounts was computed in conformity with the practice already adverted to, and from which the bill now returned is a departure.

With these reasons and considerations, I return the bill to the Senate.

Messrs. GRUNDY and FRELINGHUYSEN were appointed on the joint committee, to wait on the President of the United States, and inform him of the readiness of the two Houses to receive from him any communication; and After the usual resolutions respecting the supply of newspapers, &c. the Senate adjourned.


The sitting to-day was occupied in receiving and ing the President's Message, [for which see Appendix] of which 5000 copies were ordered to be printed.


No business of importance was transacted to-day--the
Senate remaining in session only a few minutes.


The President laid before the enate a communication from the Secretary of the Treasury, containing the Treasury report of the state of the finances, for the year 1832; which was ordered to be printed.


The following message was received from the President of the United States:

To the Senate of the United States:

I avail myself of this early opportunity to return to the
Senate, in which it originated, the bill entitled "An act
providing for the final settlement of the claims of States
for interest on a lvances to the United States, made during
the last war," with the reasons which induced me to with-
hold my approbation, in consequence of which it has
failed to become a law.

[DECEMBER 10, 1832.

with the Government, and which, in its consequences, and from analogy, might not only call for large payments from the Treasury, but disturb the great mass of individual accounts long since finally settled, I deemed it my duty to make a more thorough investigation of the subject than it was possible for me to do previously to the close of your last session. I adopted this course the more readily, from the consideration that as the bill contained no appropriation, the States which would have been entitled to claim its benefits could not have received them without the fuller legislation of Congress.

This bill was presented to me for my signature on the last day of your session, and when I was compelled to consider a variety of other bills of greater urgency to the public service. It obviously embraced a principle in the allowance of interest different from that which had been sanctioned by the practice of the accounting officers, or by the previous legislation of Congress, in regard to advances by the States, and without any apparent grounds for the change.

Previously to giving my sanction to so great an exten sion of the practice of allowing interest upon accounts


December 6, 1832. The Message was laid on the table, and ordered to be printed. Adjourned to Monday.


The PRESIDENT announced to the Senate the appointment of the following standing committees for the session:

ON FOREIGN RELATIONS.--Messrs. Forsyth, King, Bell, Mangum, and Tomlinson.

ON FINANCE--Messrs. Smith, Tyler, Silsbee, Johnston, and Forsyth.

ON COMMERCE-Messrs. King, Dudley, Silsbee, Johnston, and Bibb.

ON MANUFACTURES--Messrs. Dickerson, Clay, Knight, Miller, and Seymour.

ON AGRICULTURE-Messrs. Seymour, Brown, Robinson, Waggaman, and Foot.

ON MILITARY AFFAIRS-Messrs. Benton, Troup, Kane, Clayton, and Tipton.

ON THE MILITIA--Messrs. Robinson, Clayton, Waggaman, Clay, and Hendricks.

ON NAVAL AFFAIRS-Messrs. Dallas, Smith, Robbins, Webster, and Bibb.

ON PUBLIC LANDS-Messrs. Kane, Tipton, Moore, Holmes, and Prentiss.

ON PRIVATE LAND CLAIMS--Messrs. Poindexter, Naudain, Prentiss, Ruggles, and Knight.

ON INDIAN AFFAIRS-Messrs. Troup, Benton, Poindexter, Wilkins, and Frelinghuysen.

ON CLAIMS--Messrs. Ruggles, Bell, Naudain, Brown, and Moore.

DECEMBER 13, 1832.]

Public Lands-Commercial Statements.


ON THE JUDICIARY--Messrs. Wilkins, Webster, Fre-lain; and on the fourth balloting the following was the linghuysen, Grundy, and Mangum.


ON THE POST OFFICE AND POST ROADS--Messrs. Grun-i dy, Hill, Ewing, Tomlinson, and Buckner.

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He therefore gave notice that he would, to-morrow, ask leave to introduce a bill to appropriate for a limited time the proceeds of the Public Lands.


Mr. WILKINS, pursuant to notice, asked and obtained leave to introduce a bill to provide for the satisfaction of claims due to certain American citizens for spoliations committed by France on their commerce, prior to the 30th September, 1800.

The bill was then read twice, and on motion of Mr. WILKINS, ordered to be referred to a select committee of five members.

Mr. WILKINS said that previous to the balloting for the committee, he wished to remark that, as it was probable the usual courtesy of the Senate in appointing the mover to be on the committee, might be extended to him in this case, he wished it to be understood that he did not desire to be on the committee. He would rather that, in his room, some gentleman might be appointed who was more conversant with commercial buisiness. He desired, however, that it might be understood that he had in no way changed his original opinions on the subject of these claims.

The PRESIDENT replied that he believed it was the duty of the Chair to appoint the committee.

Mr. WILKINS. Then I wish the Chair to consider my

remarks as addressed to himself.



Mr. CLAY said that this bill had been before two committees of the Senate, and that it had been passed at Mr. CLAY rose and said, it would be recollected that the last session by a considerable majority. He thought, during the last session a bill had passed the Senate, which therefore, that there would be no necessity for its referoriginated in the Committee on Manufactures, to appro-ence to any committee at this session. The bill was prepriate, for a limited time, the proceeds arising from the cisely the same as the one which had passed the Senate sales of public lands. At, a very late period of the session last year, with the exception of the necessary change in this bill was sent to the other House; and owing, proba- the time when the bill would take effect. If, however, it bly, to that circumstance, and probably to some other was the wish of any Senator that the bill should be referred causes, the bill had not been definitively acted on by he had no objection. He would prefer to have the bill that House. Rather, he would say, there had been no made the order for some convenient but not very distant express decision of the House for or against the bill. It day, when it might be taken up and discussed. If agreewas indefinitely postponed. He was desirous of again able to the Senate, he would say the fourth Monday in obtaining the sense of the Senate on this question, and, this month, or the first Monday in January. He did not should it be in accordance with the vote of the last ses- see that it was necessary to send the bill to a committee, sion, to afford the other House the opportunity of a more but if any gentleman wished that course to be taken, he full examination and discussion of the bill. repeated, he should not object to it.

Mr. KANE said that it would be recollected that this subject had recently been referred to the Committee on the Public Lands, by the reference to that committee of so much of the President's message as relates to the public had come from the Executive on the subject of the publands. An important proposition, indeed a new one, lic lands generally. That proposition was now before the committee; and he hoped that the gentlemen from Kentucky would consent to a reference of his bill to the same committee. Mr. K. concluded by moving this refer


Mr. SMITH. I do not think it very proper to appoint commercial gentlemen on this committee. They might be interested in the result.

The conversation here ceased.

[The following members were appointed by the Chair to compose the committee: Messrs. WEBSTER, CHAMBERS, DUDLEY, BROWN, TYLER.]

For the Rev. Mr. PISE,
Rev. Mr. HATCH,

So that the Rev. Mr. PISE was declared to be elected.
[He received nineteen votes on the first ballot.]
After the consideration of Executive business,






Mr. CLAY, agreeably to notice, asked and obtained leave to introduce a bill to appropriate, for a limited time, the proceeds of the sales of the public lands in the United States and for granting lands to certain States.

The bill having been read twice, and being before the Senate, as in Committee of the whole.

The motion was agreed to, and the bill was referred to the Committee on the Public Lands.


Mr. CHAMBERS asked and obtained leave to introduce a bill providing for the final settlements of the claims of States for interest on advances made to the U. States during the late war.

The bill was read, and ordered to a second reading. After notices for various bills, and receiving sundry resolutions, adjourned.


Mr. SMITH, instructed by the Committee on Finance, offered the following resolution:

Resolved, That the Secretary of the Treasury be directed, with as little delay as may be, to furnish the Senate with the projet of a bill for reducing the duties levied upon imports, in conformity with the suggestions made by him in his annual report.

This resolution lies on the table one day.


A joint resolution offered by Mr. SMITH, to provide for printing the annual statements of commerce and navi


The Senate then proceeded to the election of a Chap-gation was then taken up.


[DECEMBER 17, 1832.

Mr. SMITH briefly stated the reasons which had induc-garded the calling for a bill as derogatory to the character ed him to offer this resolution. Referring to the act which of the Senate. directs the Secretary of the Treasury to report these Mr. TYLER regretted that on a mere motion to reconstatements anually to Congress in the first, meaning, per-sider the order for adjournment, the merits of the resoluhaps, the first Monday of December, or as soon after as pos- tion should be brought up for discussion. Notwithstandsible-he complained that the document did not very fre-ing what had fallen from the Senator from Mississippi, quently find its way to the members until the session had however, he should still calculate on having his vote in terminated, and they had returned to their homes. He favor of the resolution. He reminded that gentleman that did not get his last statement until the end of October or the existing law required of the Secretary of the Treasury the beginning of November. He referred to the great but to communicate to Congress all the information concernunsuccessful exertions which had been made by the Sec-ing the finances of the country. In obedience to this retary to obtain the statements, at an earlier period, from law, the Secretary had stated that there might be a reducthe officers who had to prepare the details. The Secretion in the revenue to the amount of six millions. This tary hoped to send in the next statement, by the 1st of was the broad proposition of the Secretary. Was not the February; and after that time, it would be long before it Senate justified then in calling upon the Secretary to state could be printed, and presented to the members. The in what manner this reduction could be effected? Are object of his resolution was to give authority to the Secre- we not to call on him to furnish a bill of particulars which tary to have the document printed so that it might be we may make the basis of our legislation? The resolution printed, sheet by sheet, as the matter was furnished from did no more than call on him for such bill of particulars. the Department, and under the supervision of the Treas-He considered that the objection of the gentleman from ury. The difficulty arose out of the impossibility of get- Mississippi would apply with great force to any other of the ting the reports of the various officers in proper time. The Departments; but for the reasons he had stated, he did not Secretary complained that he could not get them in time; think it applicable to the Treasury. He expressed his hope unless some penalty could be inflicted for neglect and de- that the Senate would reconsider the motion to adjourn. lay, he did not see how the officers could be coerced into greater diligence.

Mr. MANGUM said a few words against the motion to reconsider, and against the resolution itself. Unlearned Mr. HOLMES admitted that there was ground for com- as he was in these matters, and untutored in the precise plaint as to the delay in furnishing these annual statements. course which had been customary, he was not disposed to It often happened that they were not received until long call on any body but the regular committees of that body after the termination of the session; perhaps not before for the draught of a bill. The Secretary, it was true, was May or June, instead of early in January. The report required to furnish all information concerning his Departhas to be delivered to the Secretary of the Senate, andment, and he could see no impropriety in his furnishing afterwards to be printed. The adoption of this resolution the Senate with details; but he would prefer that the comwould lead to the printing of the statements beforehand,mittees should examine the facts, and if they agreed with but the evil would not thereby be remedied. The re- the Secretary as to the main points, it was for them to go port of the Secretary of the Treasury gives the returns to him for such details as they might require: as a matter up to the 30th of September, and he saw no reason why concerning the dignity of the Senate, he should feel himthe report should not be made before the 1st of January, self called on to oppose the course which was now sugIt was said that there was no penal sanction to the law, gested. He would not call on any branch of the Governand that the officers could delay their returns without in- ment for the projet of a bill. curring any penalty. It is so; but he should suppose that neglect could be prevented; that if the Secretary could not remove an offender, he could report his neglect to the President. He thought the subject should be further considered, and with this view, he moved to lay the resolution on the table.

The question was then taken on the motion to reconsider; which was decided in the negative-ayes 17, noes 18. And the Senate adjourned to Monday.

Commercial Statements.


The motion was agreed to.

Mr. POINDEXTER offered the following resolution:
Resolved, That the Secretary of the Treasury be direct-

On motion of Mr. FORSYTH, the Senate then pro-ed to report to the Senate, with as little delay as practiceeded to the consideration of executive business.


cable, a detailed statement of the articles of foreign growth or manufacture, on which, in his opinion, the present rate amount of reduction on each article separately, so as to of duties ought to be reduced, specifying particularly the produce the result of an aggregate reduction of the reve

When the doors were re-opened, a motion had been made by Mr. POINDEXTER to re-consider the order of the Senate to adjourn till Monday, for the purpose of nue six millions of dollars, on such manufactures as are giving an opportunity, to-morrow, for the adoption of the classed under the general denomination of protected artiresolution offered to-day by Mr. SMITH, from the Com-cles; and that he also append to such report an enumemittee on Finance. ration of articles deemed to be "essential to our national independence in time of war," and which therefore ought, proposed reduction of duties. in his opinion, to be exempted from the operation of the

When Reporters were admitted, Mr. HOLMES had just opposed the motion.

Mr. POINDEXTER succeeded him in a few remarks in opposition to any call upon the Head of a Department for the projet of a bill. In his opinion, the Senate ought to look to their own committees for draughts of bills, and to the Departments merely for information. He had a strong objection to sending either to the President, or any one On motion of Mr. SMITH, the Senate proceeded to the of the Departments, for a bill. He would look to the re-consideration of the joint resolution offered by him relative gular committees for the bills, and the committees would to the printing of the annual statement of commerce and look to the Departments for such information as they navigation.


On motion of Mr. POINDEXTER, the resolution was ordered to be printed.

might require. He could not consider this resolution, Mr. HOLMES remarked, that he had no intention of therefore, in the light of an ordinary cal! for information; opposing, nor did he intend to propose amending the reand whenever it should be taken up, he would record his solution. He would suggest, however, to the mover to name in opposition to it. Not that he was ever opposed avoid the supposition that the intention was to take this to call on the Departments for information, but that he re- portion of the public printing from the public printer,

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