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H. OF R.]

Amendments to the Constitution.

[DEC. 18, 1828.

that the President is to enjoy, and the interest and influ- own will. I enter not into the discussion of the question, ence with which they will be attended, he will be almost whether, when an election of President devolves on the absolutely certain of being re-elected, from time to time, House, a Representative may exercise his own judgment, as long as he lives. As the propositions were reported by or is bound to vote according to the opinion of the people the Committee of the Whole House, the President was to of his State. The usage is, that the Representatives debe chosen for seven years, and not to be eligible at any time cide freely. This appears by an examination of the vote after. In the same manner, the proposition was agreed to when Mr. Jefferson and Mr. Burr were before the House, in Convention, and so it was reported by the Committee as well as by the vote given on the election of the present of Detail, although a variety of attempts were made to al- President. But I will say, that, whether the election be ter that part of the system, by those who were of a con- according to the number of members of Congress from trary opinion, in which they repeatedly failed: but, the several States, or each State having one vote, the sir, by never losing sight of their object, and choosing a constitution ought to provide that the vote shall be given proper time for their purpose, they succeeded, at length, according to the opinion of the people. In the election in obtaining the alteration, which was not made until with- previous to the last, the will of the people of some of the in the last twelve days before the convention adjourned." States was not expressed. And if, by the operation of the [Here Mr. SMYTH read from the Journal of the proceed- constitution as it stands at present, the people are deprived ings of the convention, in confirmation of Mr. Martin's of a right which they ought to possess, it is of little imstatement, as follows:] portance to them whether their opinion is disregarded "July 17. It was moved and seconded to strike out from conscientious motives or not. The will of the the following words, namely: "To be ineligible a second time,' which passed in the affirmative. It was moved and seconded to strike out the words 'seven years,' and to insert the words 'good behavior;' which passed in the negative."

66

"August 6. [From the draught], 'He shall hold his office during the term of seven years; but shall not be elected a second time."

people ought to prevail. But it is certain that, in four States, twenty-seven electors voted for one of the candidates, and seven electors only voted against him; yet the vote of each of those four States, by their Representatives, was given against him. The will of the people of some of July 26. It was moved and seconded to amend the those States, it would seem, was not expressed, however third clause of the resolution respecting the national honestly and candidly the opinion of the Representatives Executive, so as to read as follows, namely: For the term of the people may have been expressed. The constitution, of seven years, to be ineligible a second time;' which pass-therefore, is defective, in not providing that the will of ed in the affirmative." the people shall be expressed. The electors were chosen to give the vote of the people. They had pledged themselves to vote according to the opinion of the people. The members of Congress were elected to perform the Sir, we regard this Convention with veneration. It duties of legislation, and had not been required to pledge contained men of rare talents and worth; but some of themselves how they would vote. If, under such circumthem were monarchists, and men who desired that the stances, the Representatives vote according to their own Executive should possess an undue influence. By our judgment, the will of the people may not be expressed. constitution, as it now stands, the President is re-eligible The electors do not choose the President; they only produring life. I think it ought not to be so. We should nounce the votes of the people. But when the Representendeavor to avert the evils of which we have experience. atives vote, as their usage is to decide freely, they actually The people should not be called on, in the performance choose the President. In that event, the President owes of their duty as citizens, to array themselves directly his election to the Representatives who have chosen him; against their Chief Magistrate, and to lay aside all respect consequently he is under obligations to them: for they for his character. By declaring that the President shall have created him. But when the people elect the Presinever be a candidate, you will have provided against the dent, he is under no obligation to individuals. recurrence of a state of things likely to disturb the hap- By the constitution, as it stands at present, at the very piness of society-a state of things which will probably moment when the election has so far advanced that the recur once in eight years, unless your prudent foresight choice is confined to two or three persons, the power of shall prevent it. The advantages which may possibly be making the choice is withdrawn from the people, and conderived from the peculiar fitness of one man, more than fided to men elected for the ordinary purposes of legislaall others, to perform the duties of President, will be pur- tion, who choose according to their own preferences, and chased at too high a price, if they shall be obtained by rou- do not consider themselves bound to vote as the people sing the angry passions of the people, and engendering have voted, or would vote. The Representatives may be political hatred. I verily believe that the adoption of governed by private, selfish designs; the people of the this amendment will be a great improvement in our social United States never can. The convention who framed the constitution had not confidence in the people. We

state.

The people of England felicitate themselves that they have, because we now know that they deserve it. The have found, in their hereditary monarchy, an effectual convention provided that the electors should be appointremedy for the corruption and turmoil of an elective mon-ed as the State Legislatures may direct; and that even archy. Sir, this amendment will go far to effect the same the electors should not designate the individual to be Preobject. The election being made by the people, assem-sident.

bled in small bodies, in two or three thousand different [Here Mr. SMYTH, to support his assertion, read from places, and the President excluded from being a candi- the Journal of the proceedings of the Convention as foldate, we shall be exempt from the corruption and tur- lows:]

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moil of an elective monarchy; while we shall posess an "July 17. It was moved and seconded to strike the efficient Government, and preserve unimpaired the liber- words National Legislature' out of the second clause of ties of the people. the 9th resolution reported from the Committee of the On the second amendment.--This amendment will take Whole House, and to insert the words citizens of the away power from this House, and confer the power thus United States;' which passed in the negative. taken on the people. The reason for taking the power "It was moved and seconded to agree to the following from the House, is, that the will of the people of some of clause, namely: To be chosen by the National Legislathe States has not been expressed; and probably the same ture;' which passed unanimously in the affirmative." thing may again happen. It is now proposed to give this 'August 24. It was moved and seconded to strike power to the people because they can best express their out the word 'Legislature,' and to insert the word' peo

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ple,' in the first section, tenth article;* which passed in the negative.

"It was moved and seconded to agree to the following amendment to the first section of the tenth article: shall be chosen by electors, to be chosen by thepeople of the several States;' which passed in the negative."

[H. OF R.

that, by laying off a State into districts, the minority may have a larger representation than the majority.

Virginia chose electors by districts; one of her electors, [Mr. Powell] in 1796, voted for John Adams, in preference to Thomas Jefferson. At the same time, Pennsylvaniat and North Carolina each gave Mr. Adams one vote. It may be objected that the proposed amendment does Those three votes elected him. Thus, those three States not provide that the election, in the first instance, shall be saw their will defeated, and their liberties endangered, by made by the people, without the intervention of electors. three of their electors. Virginia then adopted the mode It is my own opinion that the election ought to be thus of voting by general ticket, whereby every voter aids in But that did not affect the made: but a proposition to that effect would be a pro- deciding the will of the State. position to take from the State Legislatures a power next election, which was decided by New York. It was which they now possess. A proposition that the people, the general ticket system that enabled New York to preon the first trial, should vote directly for President, would serve the liberties of the United States. It seems strange make it necessary to decide, either that the people of that this policy should have been abandoned. Wherever each State should vote altogether, or that they should vote the district system is adopted, we may presume that the by districts; and the adoption of either mode by Congress majority in the State Legislature believe themselves to be would produce an insuperable objection to the amend- in the minority of the people of the State. For, surely, ment, the adoption of which requires the concurrence of if they believed themselves to be in the majority, they the Legislatures of three-fourths of the States. And the would desire that it should give the undivided vote of the proposition of a compromise, whereby the great States State. By the general ticket system, the majority in the shall agree to be laid off into districts, by which their rela- State gives the full vote of the State. I hope this system tive weight shall be destroyed, while the small States shall will never be given up by the great States, or by the new give up their equal vote on the second trial, is one which I States, which soon will be great. This amendment proforesee will not be adopted. poses that the votes of each State be all counted, and that the greater number shall give the single vote of the State.

The State Legislatures have authority to determine how the electors shall be appointed. They may provide that the electors shall be appointed by the people, who may demand of their respective Legislatures a law authorizing them to choose electors, either by the general ticket, or by districts, as they may prefer. The sole object of this amendment is to keep the election of President out of this House. The system for the first trial is now complete: and if it is not uniform, that is attributable to the State Legislatures. Whether the people shall vote directly for a President, or by means of electors, is rather a question of form than of substance. There is no complaint that the electors chosen by the people have voted contrary to the will of the people.

It will be well for gentlemen duly to consider the proceedings in this House, when, for many days, a party struggled to make Aaron Burr the President of the United States, although not one of the people, when voting, intended that he should be President; when many were resolved to adhere to that design, at the risk of civil war. They will do well to consider, duly, the proceedings here, in 1825, and all that has been said of them; to consider the history of elections of Kings of Poland by nobles, and of Popes by cardinals; and they will, I think, see the necessity of withdrawing the election of President from this House.

On the third amendment.-The President has in his gift a An objection may be made, that, by the proposed sufficient number of offices, with emoluments exceeding amendment, the election takes place too long before the those of a member of Congress, to enable him to make large expiration of the Presidential term. Should the first draughts from that body,at any time, either by way of rewardamendment be adopted, and the President not be a candi-ing the services of supporters, or of removing opposition. date, I cannot conceive that this objection will be of any Appointments to office, with this latter object in view, importance. Should the first trial be made more than a are said to have been frequently made in England. It has year before the period of service will commence, it will been conjectured, and I believe correctly, that some such create the less excitement; and should it result in a choice, have been made here. More than one hundred and twenty the citizen chosen may usefully turn his attention to the members are stated to have received offices while memconsideration of his future duties. Should it not result bers, or soon afterwards. Each of those who was appointin a choice, then it will be merely a nomination of two ored while a member, left a vacancy in the representation from his State. three persons; and the people, who are to vote directly on the second trial, will have time to examine and weigh their relative merits. It is necessary that Congress should be in session soon after the election, to count the votes; and the second Session would be too short to allow time, after counting the votes on the first trial, to receive and count the votes on the second.

As, by this proposed amendment, the people of each State will vote all together, and not by districts, I will make a few observations to show the expediency of the plan proposed. By districting a State, its vote may be equally divided; and then the State has no weight in the election. Thus, in 1800, Maryland gave five votes for Jefferson, and five votes for Adams. New York, at the last election, resembled Sampson when shorn of his hair, and reduced to the strength of a common man.

The vote

of New York exactly balanced that of Rhode Island. The great republican principle is, that "The will of the majority shall prevail." Therefore, the majority should give the vote of the State. And it may be demonstrated,

Now article 2, section 1. This amendment was intended to transfer the election of President from the Legislature (Congress) to the people.

The people elect their Representatives for two years; these Representatives have accepted the trust. Ought it not to be considered as a contract of service for two years? As the people are irrevocably bound by the contract for two years, is it unreasonable to hold the Representative also bound? If he is bound, then to accept an office from the President is a violation of his obligation. The object of this amendment is to remove all allurements which may attract the member from his duty. Congress are not allowed to accept of contracts. Should one make a contract with the Government, he is to be fin ed three thousand dollars, and the contract is to be void. Then why not refuse them offices? You will not allow a member to hold the appointment of a militia officer, made by the President; but he may accept the appointment of Chief Justice of the United States. Let me ask which

Members of

+ Pennsylvania voted by general ticket; parties were so nearly equal, that one of the candidates favorable to Mr. Adams was elected. But if the two votes to Mr. Adams, by Virginia and North Carolina, had been deducted from his poll, 71, and added to that of Mr. Jefferson, 68, the latter would have been elected. So Mr. Adams was elected, in 1796, by the district system.

But this general ticket was voted by the Legislature.

H. OF R.]

Amendments to the Constitution.

[DEC. 18, 1828.

will, most probably, be under Presidential influence, him seats. [Here Mr. SMYTH showed that the Convention of who has already received the office of major in the militia, Virginia, New York, and North Carolina, had offered this or him who expects the office of Chief Justice of the amendment. He then read from an address of Edmund United States? Pendleton, (of whom he spoke as one of the greatest ciThe Senate should be, and, I hope, are, an indepen-vilians Virginia ever bred) as follows :] dent, steady, profound, and incorruptible body of men; the advisers of the President; a check upon his evil de- that it be influenced by the will of the people; which will "An essential principle of representative government is, signs, if such he shall entertain; the protectors of the can never be expressed, if their representatives are comrights of the States. About thirty Senators have receiv-pelled or influenced by the hopes of office. If this hope ed appointments from the President, through the Depart- may multiply offices, and extend patronage; if the Prement of State. The constitution presumes that even mem-sident may nominate to valuable offices members of the bers of Congress may be tempted from their duty by offi- Legislature who shall please him, and displease the peocial emolument. It excludes them from accepting, while ple, by increasing his power and patronage"; "thus members, offices created, or the emoluments whereof have been increased, during the term of their service; republican in form, without possessing a single chaste ormay, at length, appear the phenomenon of a government, Let us restore this part of the constitution to read as it did gan for expressing the public will." in the first draught made by the Convention; or, at least, so as to exclude members, during the period for which they On the fourth amendment.—As it is from corruption were elected, from accepting any office from a President that the people apprehend misrule, and the invasion of in whose time they have acted. If we do not this, we their rights, we should, as far as practicable, remove the leave it in the power of the President to reward the Sena- possibility of it. This we shall effect by taking away evetor or Representative who is subservient to his views. ry motive for it. If the President shall, at any time, apThe clause of the constitution proposed to be amended, point to office any of those Representatives in Congress as it now stands prohibits members of Congress from ac- who have, as such, voted for him to be President, it will cepting offices which they have created, or of which they create suspicions. have increased the emoluments. But it should also We should preserve unimpaired the responsibility of vent members from being under the influence of the Pre- the Representative to his constituents. We should take sident, which they may be, if allowed to accept any office care that the vote of a member, who gives or decides the from him. If a member of Congress wants an office under vote of a State, shall not be given from any sinister mothe authority of the United States, and is eligible thereto, tive. Let him know that he cannot receive the honors there is before him a perpetual lure to draw him to the and emoluments of office as a consideration for his vote. support of the President. The clause proposed to be Will you agree that another man shall reward your agent amended seems intended to secure the people against le- or servant? Whether will he reward him for services done gislation with selfish views. But it should also secure to you, or for services done to himself? Let the Reprethem against the influence of the President over the mem-sentative who has voted for a President, contrary to the bers of Congress, by the power of appointment to office. opinion of those whom he represented, meet the responIt is obvious that the design of the few, in the Convention, led the majority from their first intention, which was to exclude members of Congress from all offices under the authority of the United States.

pre

[Here Mr. SMYTH read from Luther Martin's expose, as follows :]

sibility he has taken upon himself. Let him not be shielded from the displeasure of his constituents by receiving an office from the man whom he has made President. Let no man be encouraged to brave the resentment of the terfere to protect him from the consequences of giving a people whom he serves. Let no power be allowed to invote against the will of the people. Shall the President "We sacredly endeavored to preserve all that part of be allowed, when the people dismiss their Representative the resolution which prevented them (members of Con- for disregarding their will, to reward him with office, hogress) from being eligible to offices under the United nor, and emolument, for the very act by which he may States; as we considered it essentially necessary to pre- have forfeited their confidence? This would be to destroy serve the integrity, independence, and dignity, of the Le-responsibility-the only security the people have for the gislature, and to secure its members from corruption. faithful exercise of the powers delegated by them. Sir, "I was in the number of those who were extremely so-let us secure the fidelity of the future Representatives of licitous to preserve this part of the report; but there was the people, by rendering it illegal to receive that which a powerful opposition made by those who wished the mem- might be the temptation to a departure from duty. bers of the Legislature to be eligible to offices under the I will now suggest an amendment, which I shall offer to United States. Three different times did they attempt to the third amendment at the proper time. There are, as I procure an alteration, and as often failed-a majority firm- have shown, two objections to allowing a member to take Îy adhering to the resolution as reported by the Commit- an office: one, that it creates a vacancy; the other, that tee; however, an alteration was, at length, by dint of per- it subjects him to influence. The last is far the most imseverance, obtained, even within the last twelve days of portant. To secure the validity of the last objection, the the Convention."

[Mr. SMYTH also read from the Journal, as follows :] "August 6. The draught stood: The members of each House shall be ineligible to, and incapable of holding, any office under the United States, during the time for which they shall be respectively elected.

first may be waived. The Senator or Representative who has not yet served with a President has not supported his administration, and is not liable to the most important objection. The Senators and Representatives already elected for the next Congress will be as exempt from this objection on the 4th of March next, as those whose periods Sept. 2. It was moved and seconded to insert the words of service expire on the 3d of March. It would seem created, or the emoluments whereof shall have been in- reasonable that the Representatives from Kentucky and creased,' before the word 'during,' in the report of the Ohio, in this Congress, who are elected to the next, should Committee. On the question being taken, the yeas were be eligible to office on the 4th of March, as well as those 5; nays, 4; divided, 1. The same question was again taken, which passed in the affirmative--yeas, 5; nays, 3; divided, 1."

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from Virginia and other States, whose Representatives to the next Congress will not be then chosen. I shall offer

an amendment to make the third amendment readHow [said Mr. SMYTH] was this effected? Why, the "No Senator or Representative shall, during the time delegates from New Jersey had withdrawn from their for which he was elected, and the continuance in office of

DEC. 19, 22, 23, 1828.]

Congress Printing.-Occupancy of the Oregon River.

a President in whose term of service he shall have acted, be appointed to any office or employment under the authority of the United States."

[H. or R.

Mr. WRIGHT demanded that the question on the adoption of the resolution be taken by yeas and pays.

Mr. WICKLIFFE said, that he had, the other day, moved to lay the resolution on the table, and on that motion he had understood the gentleman from Ohio as having demanded the yeas and nays.

Mr. McDUFFIE observed, that it was obvious that the subject of the resolution was of too much importance to be decided upon without full and deliberate discussion. He conceived it inexpedient, during the present, which The SPEAKER said, he was under a different impreswas the short session of Congress, to take up the time sion, and had learned from the Clerk that the motion of which would be required by the routine of business, in a the gentleman from Kentucky had been withdrawn. protracted discussion of this kind. There were various Mr. WICKLIFFE said, he had not withdrawn the moreasons why, in his judgment, the consideration of it ought tion; but, as such seemed to be the understanding, he to be postponed. The adoption of any proposed amend- would now renew it. ment to the constitution required the assent of the Legislatures of two-thirds of the States; and it was well known to the mover, that the present organization of many of those Legislatures was not favorable to the adoption of

this amendment. After the new administration should
have come into office, this obstacle would probably be re-
moved, as it was reasonable to conclude that the complexion
of the State Legislatures would correspond, for the most
part, with that of the National Legislature.
The Committee then rose.

FRIDAY, DECEMBER 19, 1828.

CONGRESS PRINTING.

Mr. WRIGHT, of Ohio, introduced the following reso lution:

Resolved, That the Select Committee on printing the laws on stereotype plates, be instructed to inquire whether any change in the prices of paper, printing naterials, and printing, has taken place since the year 1819, rendering it expedient to reduce the prices of the printing for Congress.

Mr. WRIGHT accompanied the resolution with some remarks, as to the various causes which had operated to vary the expense of printing since the rates were fixed in 1819, and expressed his conviction that the House ought to be put in possession of the facts of the case.

Mr. W. then moved that the resolution be laid upon the table.

On this question, Mr. WRIGHT demanded the yeas and nays, and they were ordered by the House.

The resolution having been again read, the motion to lay it on the table was negatived, by yeas and nays-yeas 55, nays 121.

The question was then taken on adopting the resolution, and carried by yeas and nays, as follows: yeas 165, nays 8.

The remainder of this day's sitting was spent in considering the bill for erecting a new territory, to be called the Territory of Huron. The debate was chiefly confined to fixing the salaries of the officers of the Territory, and is, of course, of little interest.

TUESDAY, DECEMBER 23, 1828.

OCCUPANCY OF THE OREGON RIVER. On motion of Mr. FLOYD, of Virginia, the House then went into Committee of the Whole on the state of the Union, and proceeded to the consideration of a bill to authorize the occupation of the Oregon river.

Mr. FLOYD, Chairman of the Committee on the Oregon territory, then addressed the Committee in explanation and support of the objects of the bill, in a speech which occupied the Committee till 3 o'clock. Mr. F. commenced with the principle, that the best way to settle a The resolution was opposed by Mr. WICKLIFFE, sug-new country was to leave it to the enterprise of private gesting that the subject of the prices of public printing individuals, merely extending to them the arm of national had been elaborately examined at the last session, by the protection. After adverting to the manner in which the Committee of Retrenchment, and that the Chairman of population of the Atlantic States had advanced to the inthat Committee would shortly submit a motion for the re-terior, he referred to a former report made by Mr. Bayference of that entire subject to a select committee.

Mr. W. moved to lay the resolution on the table; but withdrew the motion at the request of

Mr. WRIGHT, who denied that any other committee could be more appropriate for the consideration of this resolution than the one named in it. He remonstrated against refusing to submit the subject to a committee already raised by the House for the very purpose of such an inquiry, in order to wait for another committee, not yet named, or even moved for. He adverted to various causes, by which the price of printing might be affected

and reduced.

Mr. WICKLIFFE contended that he was as favorable to economy, on the general subject, as the gentleman from Ohio could be; but thought that the saving ought not to be attempted by reducing the price of printing, but rather by introducing a change in the practice of the House, in ordering documents to be printed. Mr. W. again moved to lay the resolution on the table; but again consented to

withdraw the motion.

When

The SPEAKER announced the expiration of the hour appropriated to petitions and resolutions. Adjourned to Monday.

MONDAY, DECEMBER 22, 1828.

lies, of Massachusetts, when Chairman of the same Committee, to which gentleman he paid a just compliment on that subject. He next called the attention of the Committee to certain ordinances of the British Government, extending the jurisdiction of their courts west of the bounds of Canada; therein including the citizens of the United States, over whom the British Government had no legitimate authority. After briefly referring to a claim recently set up by some British lady, to lands lying immediately south of the boundary of the Russian possessions on the Northwest Coast, he descanted for some time on the value of such a port as was furnished by the mouth of the Oregon river; dwelt on the great value of our commercial interest in the Pacific ocean, and the importance of immediately taking possession of a post so important to our trade. He next proceeded to show the amount of that trade in its three branches, of the Northwestern, the South Sea, and the Canton trade. He reprobated the policy of prohibiting the exportation of specie to Canton, and referred to the experience of England on that subject. He presented a detailed statistical statement of the results of our commerce in those seas. He then entered on the general subject of the fur trade, now principally in the hands of the British, and insisted on the evidence which goes to show the high value set upon it by Great Britain. He dwelt upon its importance to the United States, not

The resolution offered on Friday, by Mr. WRIGHT, of withstanding the many and great disadvantages under Ohio, was again taken up for consideration.

which it was conducted. He next referred to the extent

H. OF R.]

Occupancy of the Oregon River.

Mr. WOOD thought the bill, as modified by the amendment, exceptionable in its form, as attempting to reconcile two incompatible schemes for the settlement of the country on the Oregon; one by the Government and the other by private individuals. One or other of these plans ought to be fixed on, and then the whole bill put in a form to provide for that plan.

[DEC. 24, 29, 1828. of our whale fishery, and the amount of naval force which proposing to set out from New Orleans:) and also by inits due protection would require to be constantly kept up serting the names of Paul and J. Kelly, and his associates, in the Pacific ocean, and thence inferred the value of a (a similar company from Massachusetts) and Albert Town harbor at the mouth of the Oregon, for the watering and and his associates, (a company from Ohio) as entitled to refitting of our ships of war. Mr. F. then proceeded to the permission granted by the bill for the erection of a fort remark on the value of such a station in case of future wars on certain conditions. with Great Britain, as a point from which to annoy her East India trade. After describing the nature of the coast, the physical advantages of the harbor, the mildness of the climate, and the fertility of the soil, he expatiated on the excellence of such a spot for the purposes of colonization, and the case with which every interposing difficulty would be overcome by the hardy enterprise of the citizens of the West. All they needed was an adequate military force Mr. GURLEY defended his amendment at some length, for their protection, the extinguishment of the Indian contending that it granted to these settlers nothing more title, and liberty from their own Government to prosecute than might reasonably be asked by pioneers forsaking the schemes of individual emolument: and, on this part of the privileges of improved society and going into a wilderness. subject, he adverted to a petition now before Congress, of Mr. REED rejected the idea of the proposed settlea company of persons in New Orleans, offering to com- ment being required by the interests of the Whale fishery mence a colony at their own expense; on the leader of in the Pacific. He thought the harbor in the Island of which company, a former school-fellow of his own, he be- St. Juan de Huga far preferable to the mouth of the Oregon, stowed the highest praise. After referring for illustration and if a sea-fort was to be erected, it ought to be built there. to the liberality of the Government of Mexico, in offering liberal terms for the settlement of their unoccupied territory, Mr. F. concluded his speech by showing, from the estimates of the Navy Department, that the sum of fifty thousand dollars, with which he had proposed to fill the blank in the appropriating clause of the present bill, was amply sufficient to cover all the expenses of the undertaking.

Mr. GURLEY made a short speech in further explanation of the views and purposes of the company who had memorialized Congress for permission to engage in the settlement of this territory, and concluded it by moving an amendment which went to secure to them certain privileges, together with the grant of a tract of land forty miles square.

Mr. FLOYD, without denying the merits of the harbor mentioned by Mr. REED, contended for the importance and value of that at the mouth of Oregon.

On his motion, the 3d section of Mr. GURLEY'S amendment, which contained the approval by Congress of the compact of the Louisiana company, was stricken out.

Mr. TAYLOR opposed the amendment generally, as granting nothing of any value, while it had the aspect of giving exclusive privileges to one class of settlers over other citizens of the United States.

Mr. BATES, of Missouri, after some statements of facts, and a few general observations on the importance of the bill, and the necessity of having its provisions fully matured from a view of all the facts bearing on the subject, suggested that the present was not a suitable moment to go into the consideration of a subject so extensive, and moved that the Committee rise.

The Committee rose accordingly, and the House ad

MONDAY, DECEMBER 29, 1828.

The House went into Committee of the Whole on the

Mr. EVERETT did not directly oppose either the bill or amendment, but, with regard to the latter, stated that, in that part of the country from which he came, there was an association of three thousand individuals, respecta-journed to Monday. ble farmers and industrious artizans, who stood ready to embark in this enterprise, so soon as the permission and protection of the Government should be secured to them; and expressed a doubt whether an exclusive grant of forty miles square to the Louisiana company would have a just state of the Union, and took up the bill for the occupation and proper bearing upon other settlers equally enterpris- of the Oregon river. ing and meritorious. Mr. E. animadverted on that clause Mr. BATES, of Missouri, said, that as he had moved of the bill which went to fix the northern boundary of the the rising of the Committee, when the subject of the bill territory at 54° 18' north, and reminded the gentleman was last under consideration, it would, no doubt, be exfrom Virginia [Mr. FLOYD] that, in a late negotiation with pected that he wished to deliver his sentiments on the the British Government, we had offered to accept of 49° question. He did wish to give utterance to his opinion on north, as the limit of our claims, which offer had been re- the bill, though he was not sufficiently versed in the forms jected. of the House to know, if the amendment offered on WedMr. BUCHANAN was not unfriendly to the bill, but nesday by the gentleman from Kentucky, [Mr. LYON] thought its language ought to be studied with great care, might be understood as leading to a consideration of the lest the nation should inadvertently compromit its own general merits of the question. He apprehended, however, rights. He disliked that feature in the amendment which that as that amendment was proposed as a substitute for, proposed a monopoly to one company of forty miles or a modification of, the previous amendment, it would not square; and, believing that the subject required more ma- be out of order for him to take a relative view of the case ture consideration, moved that the Committee rise, and in some of its principal bearings; and, under that impres it rose accordingly.

WEDNESDAY, DECEMBER 24, 1828.

sion, he should proceed as if the whole subject were be fore the Committee, and open to discussion. If he understood rightly, the proposition of the gentleman from Louisiana [Mr. GURLEY] went to grant, to the persons The House again went into Committee of the Whole on enumerated in his amendment, peculiar and exclusive rights, the state of the Union, and took up the bill to authorize different in their nature and degree from those granted the occupation of the Oregon river. to other citizens of the United States, who might be dis

The amendment yesterday offered by Mr. GURLEY posed to migrate to the Oregon country. He protested was modified by striking out that part of it which provid- against the adoption of any such exclusive system: for, ed that the Government should extinguish the Indian title he would ask the House if it did not actually amount to a tract of land forty miles square, in favor of John M. to the establishment, by Congress, of a proprietary goBradford and his associates, (a company of adventurers vernment, similar to that which existed in some of the

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