« ForrigeFortsett »
on the 5th of August, and advised the President thereof. Two days after, he sent the following messare to the Senate, which contrasts so entirely with the course pursued by Presi dent Jackson, and the intemperance of his friends, on the rejection of Mr. Van Buren,that we copy it entire, and recommend it to our readers :
“Gentlemen of the Senale: My nomination of Benjamin Fishbourn, for the place of naval officer of the port of Savannah, not having met with your concurrence, I nominate Lanchland McIntosh for that office.
“Whatever may have been the reasons which induced your dissent, I am persuaded they were such as you deemed sufficient. Permit me to submit to your consideration, whether, on occasions where the propriety of nominations appear questionable to you, it would not be expedient to communicate the circumstance to me, and thereby avail yourselves of the information which led me to make them, and which 4 would with pleasure lay before you. Proba bly my reasons for nominating Mr. Fishbourn may tend to show that such a mode of proceeding, in such ceses, might be useful; I will, therefore, detail them.
“First, While Col. Fishbourn was in office, in actual service, and chiefly under my own eye, his conduct appeared to me irreproach. able not did I ever hear any thing injurious to his reputation as an officer or a gentleman. At the storm of Stony Point his behaviour was reported to have been active and brave, and he was charged by his general to bring the ac. count of that success to the headquarters of the army. * “Secondly, Since his residence in Georgia
he has been repeatedly elected to the Assen. bly, as a representative of the county of Chat. ham, in which the port of Savannah is situated, and sometimes of Glynn and Camden ; he has been chosen a member of the Executive Coun cil of the State, and has lately been president of the same; he has been elected by the officers of the militia in the county of Catham, Lt. Col. cf the militia of that distret, and, on a veof recent occasion, to wit: In the month of May last, he has been appointed by the Coun cil (on the suspension of the late collector) to an office in the port of Savannah, nearly similar to that for which I nominated him, which of fice he actually holds at this time. To these reasons for nominating Mr. Fishbourn, I might *ld that Ireceived private letters of recommendation, and other testimonials in his favor, from some of the most respectable characters in that 3|ale. But as they were secondary considerations with me, I do not think it necessary to communicate them to you.
"It appears, therefore, to me, that Mr. Fishbourn most have enjoyed the confidence of the militia officers, in order to have been elected to a miliary rank—the confidence of the freeon to hye been elected to the Assembly— the confidence of the Assembly to have been *lected for the Council—and the confidence of
the Council to have been appointed Collector of the port of Savannah. GEO. WASHINGTON. New York, Aug. 6th, 1789.”
In the year 1813, President Madison nominated Mr. Gallatin Minister to Russia, and Mr. Hussell Minister to Sweden, both of which nomina ions were rejected by the Senate... Mr. Gillain's by a mojority of one. How did Mr. Madison behave on the occasion ? Did he rave, and swear at the Senate, and write letters to partisan members of State Legislatures, in justification of the rejected 2 Here is his language : “The Executive and Senators, in cases of appointments to office and treaties, are considered independent, and coordinate with each other. if they agree, the appointments or treaties are onade. If they disagree, they fail.” Yet more—Mr. Gallatin had gone to Russia, during the recess of the Senate, and Mr. Madison made the following reply to a committee of the Senate who waited on him after the rejection : “The President was pleased to observe to the committee, in substance, that he was sorry the Senate had not taken the same view of the subject which he had done, and that he regretted that the measure had been taken under circumstances which deprived him of the aid or advice of the Senate.” Such was the conduct of a republican President in 1789 and in 1813. How different is the conduct of the republican now in office?
rmons the washington (N. c.) union. + PUBLIC MEETING. At a very numerous aud highly respectable assemblage of the citizens of Beaufort county, the Court House in Washington, on the eve. ning of the 2d instant, John Gray Blount, Esq. was called to preside, and John S. Hawks appointed Secretary. Henry S. Clark, Esq. explained the object of the meeting in a very appropriate and eloquent address, which he concluded by a motion for the appointment of five gentleman to draft resolutions and report them to the meet. ing, when the following were selected as a committee for that purpose: William Kennedy, William A. Blount, William A. Shaw, John Singletary, and Henry S. Clark, Esquires, who retired for about half an hour, and returned with the following resolutions, reported by the chairman of the committee, and which were adopted unanimously. Resolved, That this meeting disapprove of the proposed convention to be held at Baltimore during the present month, for the purpose of nominating a person to be recommended to the Republicans of the Union, as a suitable candid ste for the Vice Presidency of the United States, inasmuch as we consider that convention, althoug pretended to be for the purpose of affording a fair opportunity for the nomination of any citizen, yet as in fact being already
arranged by use partisans and followers of Martin Van Buren, for the purpose of imposing him on a too unsuspecting community, and thus securing his elevation to that distinguished sta
Wens Espar, MAY 9. . In the senate, yesterday, the resolution sub
tion, the vice Presidency of the United States.|mit.e. by Mr. Foot, directing the Secretary
Resolved, That we have no confidence in the patriotism or principles of the said Martin Van jouren; but that we recognise in him one of the chief projectors of that “bill cf abominations,” the tariff, which bears so oppressively and un: justly on the south; and which, if persisted in, must inevitably terminate in the prostration of the wealth and resources of the southern States. Resolved, That we disapprove of any self constituted authorities, at Raleigh or elsewhere, having appointed individuals to represent us in the Baltimore Convention; and whilst protesting against such unauthorised interference with our rights, declare we will not send thither a delegate ourselves, nor shall the recommendations of said convention be considered obligatory upon us. TFesolved, That as we have in days past cordially united with Virginia in support of sound constitutional principles, so we now, believing motives of delicacy prevent her advancing the just claims of one of her most gifted sons, do cheerfully accord with our fellow citizens of Halifax and elswhere, in recommending to Virinia, and the States generally, that consistent and high minded republican, Philip Prsnik. rox Bannoun, for the Vice Presidency of the United States, at the ensuing election, as a statesman of correct and incorruptible princi. ples, and southern feelings—a man whom Vir.
of the treasury to report to the Senate, at the next session, a plan for the reorganization of the Executive Department, with a view to * more economical and effectual transaction of the public business, was considered and agreed to. the bill providing for the recording and signing the patents for the public lands wo considered, and, after some discussion, was laid
on the table. Several private bills were read
the second time and ordered to a third read: ing. The bill for establishing certain post routes and discontinuing others, was taken up as the unfinished business, and Mr. Hol” continued and concluded his speech in support of Mr. Binn's amendment for abolishing the postage on newspapers. Mr. Garsor then took the floor in reply to Mr. Holosso, and, afer he had concluded, Mr. Bian addressed the Senate in support of he amendment" and spoke for some time, when he yielded the floor to a motion to adjourn. Mr. Binn has the floor to day. the House of Representatives, immediately on assembling, at eleven o'clock, proceeded with the trial of General Houston. Mr. Polk, of Tennessee, who had possession of the floor at the adjournment on the preceding day, addressed the House at some length. He entered into a legal argument, to show that there was no cause for a fur her interference in the case, on their part, on the ground of the vague and
ginia should be proud to honor, and we are anxious to support. Resolved, That we approve of the conven. tion recommended by the citizens of Halifax, to be held at R.leigh, on Monday, the 18th of June next, for the purpose of determining on electors for a Vice President “who is an advocate for free trade, and opposed to the usurpations of the General Government:” preferring, however, Philip P. Bannoun, if his election should be deemed practicable.
Resolved, That a de legate be appointed to represent us in that convention.
Hesolved, That we earnestly recommend to our fellow citizens in other parts of the State, a prompt expression of their disapprobation of the proposed Bultimore Convention; while we solicit thir co-operation with us in the purpose of these resolutions.
. Resolved. That a copy of our proceedings,
signed by the chairman and secretary, be pub lished in the “Union;” and that the republi can editors in North Carolina, as well as other States, be respectfully solicited to copy the same in their respective papers.
on motion of John S. Hawks, seconded by Mr. Singletary, Gen. William A. Blount was nominated as the delegate to Raleigh, which was unanimously confirmed.
The meeting then adjourned.
J. G. BLOUNT, Chairman.
indefinite nature of their power with respect to contempts ; and considering, also, that the assaint and battery complained of was committed, not so much for words spoken in debate, as for the publication of libellous matter afterwards. Mr. Ellsworth followed on the opposite side of the question, contending that it was an inheren! right of the House to protect its own leihero. tions; and that the freedom of debate had been infringed upon in the present instance: Mr. Dnarros argued, also, in opposition to the fut: ther action of the House upon the matter, and maintained that, from the facts proved to them, the accused ought to be discharged. He almitted.the power of the House to punish, where a breach of privilege has been actually committed ; but said it was apparent to him, that the event of the assault had taken place, not on account of the words spoken in debate, but from their publication by Mr. Stashkar. He was in favor, wherefore, of the resolution, and should vote against the amendment of Mr. Huntington, to declare Gen. Houstom guilty of a contempt. Mr. Cooke, of ohio, designa. ted the assault as an outrage of a daring and atrocious character, which it became the House }..." if it were intended to preserve the f m of debate, and to legislate exempt on violence or intimidation. He concluded his argument at a quaster past four o'clock; when, on motion of Mr. Dondalogs, of Virgi
Jno. S. Hawks, Secretary.
The House then proceeded to take up the Internal Improvement Appropriatiou bill. Mr. McKissas said, that as the subject before them (the amendment making an appropriation for the Cumberland road) was of great importance, he should move a call of the House.— The motion was negatived, and the House ad. journed.
THURSDAY, Mar, 10.
In the Senate, yesterday, Mr. Foot, from the Committee on Pensions, reported, without amendment, the bill from the House of R presentatives in addition to the act providing for sundry persons engaged in the land and naval service of the United States during the revolutionary war, Mr. KANE, from the Committee on Private Land Claims, reported several bills from the House of Representatives without a mendment. The bill for the relief of Arnaud Lewowe; the bill for the relief of Allen W. Hardy; and the bill for the relief of Celestin Chotella, were severally read the third time and passed. The bills for the relief of John H. Thomas and Joseph Somat du Fossat were ordered to a third reading. The bill for the relief of John F. Lewis, releasing duties paid by him under the tariff act, was considered, and Mr. Sosner offered an amendment, to embrace the cases of several persons under a like situation. The amendment was advocated by Messrs. Silsbre and Foot, and opposed by Messrs. Dickkusos, Mancy, and Kisg, and, finally, the bill was laid on the table on motion of Mr. King. Mr. Dickenson moved to take up the bill reported by the committee on Public Lands, appropriating, for a limited time,the proceeds thereof. This motion having been agreed to, and the bill taken up, Mr. KING moved to refer it to the committee on the Public Lands. After a debate, in which Messrs Kiyo and Kass supported, and Messrs. Clar and Houx's opposed the motion, the question Mostaken and decided in the affirmative, yeas *, nays 23, the vice president voting for the reference. The senate then resumed, as the unfinished business, the bill from the House establishing certain post routes and disconti. nuing others, and Mr. Bian, who had the floor, resumed his remarks in favor of the amendment submitted by him, showing, by facts and arguments, the ability of the Post office De. Partment to sustain, from its ample resources,
Committee on Manufactures. The Sr's Arrn also presented communications from the Navy Department and from the Land Office, with certain information in answer to resolutions of |the House. Mr. TAylon, Mr. Boon, and Mr. Patton, severally presented petitions, by consent. Mr. Johnson, of Tennessee, reported the Senate bill for the relief of Elizabeth Magruder, of Mississippi, which was committed and ordered to be printed. Mr. VRRPLAN.cx, from the Committee of Ways and Means, reported a bill making appropriations, in conformity with the stipulations in certain treaties with the Creeks, Shawnees, Ottawas, Senecas, Wyandots, Cherokees, and Choctaws. It was read twice, and committed to a Committee of the Whole on the state of the Union. Mr. Invix, of Ohio, moved that the Committee of the Whole be discharged from the bill to establish land districts in Arkansas, in order that it might be brought more speedily under the action of the House ; but, after some discussion, the motion was negatived. Mr. Newtos, from the Com. mittee on Commerce, reported a bill making appropriations for building light-houses, light boats, beacons, and monuments, and placing buoys. It was read twice, and committed to a Committee of the Whole on the state of the Union. After the transaction" of some further business, the House proceeded with the trial of General Houston. Mr. Dhar. toN off red an amendment to the amend. ment of Mr. HuntingtoN, to the effect that Samuel Houston, accused of a breach of privilege in having assaulted a member from Ohio, for words spoken by him in debate, is not guilty of that offence, and he be, therefore, discharged from the custody of the Sergeant-at-Arms. Mr. HuntingtoN inquired if the amendment was in order. It was precisely the same in substance as the original resolution of Mr. HARPER, with the addition of a preamble. The chair decided that the latter part of it was not in order. The latter part of the amendment was then struck out; and after some remarks from Mr. Huntington, Mr. Dharton, and Mr. Donnainge, the whole amendment was withdrawn for the present. Mr. Doon Ridge, who had possession of the floor, relinquished, for the purpose of expla. nation, that privilege to his colleague, (Mr. Patrox,) in consequence, as he stated, of a
the measure contemplated, its vast utility and domestic calamity, (the illness of a near relaa letter from Peter S. Duponceau, Esq. . On impossible to determine the question that even
*Portance, and answering, with much force and ability, the objections that had been urged *S*not it. Mr. Hill next took the floor in opPosition to the amendment, and, when he had oncluded, Mr. Clayton addressed the Senate, for ashort time, in reply to Mr. Ghusnr., but, without concluding his remarks, yielded the floor, and, on motion of Mr. Hoints, the senate adjourned. Mr. Clarton will continue his remarks to-day. At eleven o'clock, the House, as usual, as. *embled. The Seraken laid before the House a communication from the Secretary of the Treasury, with further information on the sub.
tive,) requiring the absence of the later gentleman from the House. Mr. PATTon then briefly addressed the House, declaring his opi. nion that the charge of breach of privilege by Samuel Houston, tor assaulting Mr. Stan hear, for words spoken in debate, had not been proved; and adverting, in conclusion, to a misrepresentation stated to have been made in this paper, of his remarks on the commenuement of the proceeding" against the accused. Mr. Donphings then proceeded in an argument to show both the power and the duty of the House to protect its members, and through them the interests, the rights, and the liberties
ject of the tariff, which was referred to the
of their constituents from aggression. In the course of his remarks, he took a lucid and interesting view of the origin, progress, and "ex ercise of the drivilege of the British Parliament, and of the power to punish for an infraction of that privilege.
Fainar, May 11.
In the Senate, yesterday, a message of a confidential nature was received from the Presi. dent of the United States, by Mr. Donelson, his Secretary. A report was received from the Commissioner of the General Land Office, con taining the information called for by the resolution of the Senate of the 20th ult, relative to donations of public lands to States, Territories, and bodies corporate, which, on motion of Mr. HENnricks, was ordered to be printed. The bill for the relief of John H. Thomas, was pass ed ; and the bills for the relief of the administrators of the estate of Andrew Nelson, deceas. ed, and for the legal representatives of Arnold Henry Dorman, were ordered to a third reading. The bill for the relief of John Braham and John Read, after a debate, in which it was supported by Mr. KING, and opposed by Mr Moore, was postponed to Monday next, on the motion of the last named gentleman. At the hour of one, the debate on Mr. Bibb's amend. ment to the Pöst Office bill was continued by Mr. Clayton, Mr Ghundr, and Mr. Holmes. On the conclusion of the debate, the question was taken on the amendment, and it was erjected by the following vote : Yeas—Messrs Be!!, Bibb, Clay, Clayton, Ewing, Foot, Frelinghuysen, Hayne, Holmes, Johnston, Knight, . Miller, Moore, Naudain, Poindexter, Prentiss, Robbins, Ruggles, Scymour, Silsbee, Sprague, and Tonolinson–22. Nays—Messrs. Benton, Brown, Buckner, Dallas, Dickerson, Dudley, Ellis, Forsyth, Grundy, Hendricks, Hill, Kano King, Mangum, Marcy, Robinson, Smith, Tazewell, Tipton, Troup, Tyler, White, and Wilkins—23. The bill was then reported to the Senate as amended, and the amerdments agreed to in Committee of the Whole were concurred in. The question then was on ordering the amendments to be engrossed and the bill to be read a third time, when Mr. Holmes moved an adjournment, which was carried-ayes 19, noes 18. In the House of Representatives, Mr. MARDIs, by consent offered a memorial. Mr. Dicken. son, from the Committee on Enrolled Bills, reported various bills. The Speaken presented
pealing a part of the fifth section of an act establishing ports of delivery at Pontchartrain and Delaware city, and for other purposes. It was read twice, and, on motion of Mr. JAR vis, ordered to be read a third time to-day. Mr. Mason, of Virginia, reported, from the Commit. tee on Indian Affairs, a bill for the relief of John W. Flowers, Nicholas Miller, William Urew, and Joseph Rogers, which was read twice and committed. The House then resumed the debate on the trial of Gen. Houston for breach of privilege. Mr. Beaunsley, of New York, proceeded with his argument, which he had commenced on the preceding day, and having gone through the constitutional points as to the privileges and power of the British Parliament and the United States Congress, took a review of the testimony which has been given in the present case, and concluded with expressing his conviction that the offence charged does not, under the circumstances, amount to a contempt. Mr. SuthsalaxD next addressed the House in vindication of its power, as the embodied representation of the people, to protect its citizens, and thereby to protect also the freedom of debate and the liberty of the press. Mr. Mitchell, of South Carolina, contended that this charge did not amount to a breach of privilege. Mr. CRANE, of Ohio, maintained that the accused had cormitted a high breach of privilege, and argued for the right of a member, in the discharge of his public duty, to refer, in the House, to the conduct of private individuals. Mr. Burges then obtained the door. Mr. Newton, on account of the lateness of the hou' (after 4 o'clock) mov: ed a postponement of further proceedings till to-day. Mr. Hawkins, of North Carolina, asked for the yeas and nays on the proposition, which, having been ordered and taken, it was negatived, ayes 67, noes 86. Mr. Speight moved a call of the House, which was ordered and continued for some time, until, on motion of Mr. Whittlesex, of Ohio, it was suspended. Mr. REED, of Massachusetts, afterwards moved a postponement of the case until to-day, and the motion was earnestly supported by Mr. Keith as a matter of courtesy due to Mr. Bunges, who had expressed his inability, from indisposition to proceed at presentMr. WArns said that he understood at least four gentlemen, wito had not yet spoken on the subject, were prepared to enter extensivesy into the debate, and it would therefore be
motion of Mr. J.E.N. rew, it was referred and ordered to be printed. sent, presented by Mr. Cavs Johnsonand Mr. Ellswonth. Upon the motion of the latter, the bill authorizing the Secretary of the Treasury
to compromise with the late firm of Thomas o'clock this day.
H. Smith & Co. was ordered for a third reading this day. Mr. Ellsworth reported a bill rendering penal, the making and transporting counterfeit foreign coin. It was read twice and committed to a Committee of the Whole
ing. He should vote, he observed, upon the
Reports were, by con-decision for the discharge of Governor Houston,
Some further discussion took place, and the rule, having been suspended for the purpose, an order was made that the House meet at 10 The further proceedings in the trial was then postponed till that time, and at 5 o'clock the House adjourned.
REVOLUTIONARY PENSIONS BILL. The following is a copy of the act in addition to an act, entitled “An act to provide fur
certain persons engaged in the land and no
val service of the United States in the revo. lutionary war,” approved March eighteen, one thousand eight hundred and eighteen, as passed by the House of Representatives on the 2d of May, 1832. Be it enacted by the Senate and House of Rep. resentatives of the United States of America in Congress assembled, That each of the surviving officers, non-commissioned officers, musicians, and privates, and persons who belonged to the Ordnance, Quartermaster's, Wagonmaster’s, Paymaster's, Commissary's or Hospital Departments, or Medical Staff, who served so the war of the revolution on the continental establishment, or in the Wermont line, or military forces of Vermont, or those who were engaged in desending the frontiers in the Indian wars, from seventeen hundred and seventy-five up to the ratification of the treaty of peace of eightythree, or in the militia or State troops, or as vo lunteers; and who continued therein at one or more terms of service, for a period of nine months or more, upon proof thereof to be made
to the Secretary of War as hereinafter provid
ed, shall be entitled to receive, during his natural life, a pension, according to the provisions of the act mentioned in the title of this act. Sec. 2, And he it further enacted, That each of the persons provided for, respectively, in the preceding section of this act, who shall have served, as therein mentioned, for any term less than nine months, under one or more enlistmen's, and not less than three months, upon proof thereof to be made to the Secretary of War, as hereinafter provided, shall be entitled to receive, during his natural life, a pension, according to the provisions of the act of Con gress mentioned in the title of this act, in such Proportion only as the term of his service bears to the term of nine months. And that so much of the act to which this is an addition, which provides that the applicant, by reason of his re. duced circumstances, shall be in need of assist ance from his country, for support, and the act opproved My one, one thousand eight hun dred and twenty, entitled “An act in addition to an act, entitled ‘An act to provide for cer. tain persons engaged in the land and naval ser. vice of the United States in the Revolutionary war,’” passed the eighteenth day of March, * thousand eight hundred and eighteen, be, the same are hereby, repealed. Sec. 3. And be it further enacted, That each of the surviving offioers of the army of the re volution, who shall have served in the contimental line, State troops, volunteers, or militia, *one or more terms, a period of three years or more, during the war of the revolution, upon Proof thereof to be made to the Secretary of War, as hereinster provided, shall be entitled to receive, during his natural life, a pension toual to the amount of his full pay in the said one, according to his rank, but not to exceed, to any case, the pay of a captain" in the said lso, Sec. 4. And be it further enacted, That the officers, non-commissioned officers, musicians, mariners, or marines, who served in the naval
service of the United States, or of the respective States, during the revolutionary war, shall be entitled to the benefits of this act, in the same manner, and subject to all the provisions which are herein respectively comtained in relation to the officers, non-commissioned officers, musicians, and privates of the army. Sec. 5. And be it further enacted, That if any person embraced in the provisions of this act shall, after the commencement of, and during his term of service in the war of the revolution, had been taken captive, the time such person may have been so detained in captivity shall be computed in determining the length of his said service. Sec. 6. And be it further enacted, That the pensions which may hereafter be granted and allowed by this act, shall, under the direction of the Secretary of War, be paid to the person entitled thereto or his or their authorized atterney, at such places and times as the Secretary of War may direct; no person shall be entitled to the benefit of this act unless he be a citizen of the United States; and the pension granted by this act shall not be in any way transferable or liable to attachment, levy, or seizure, by any legal process whatever, but shall inure wholly to the benefit of the person entitled to the Sayone, Sec. 7. And be it further enacted, That in case of the death of any person embraced in the provisions of this act, after the same shall have been approved, and before the first term of payment shall have arrived, the amount of pay which shall be due to such person shall be paid to his widow, and if he leave no widow, to his children, and if he leave no widow or children, then to his legal representative ; and in case of the death of any person embraced by the provisions of this act during the period intervening between the semi-annual payments, the proportionate amount of pay which shall have accrued between the last preceding semi-annaual payment and the death of such person, shall be paid to his widow, and if he leave no widow, to his children, and if he leave no widow or children, to his legal representative, in the same manner, and under the same regulations, as are now practised in paying pensions under the act to which this is an addition. Sec. 8. And be it further enacted, That the pensions which may be hereafter granted by virtue of this act shall commence on the fourth day of March, one thousand eight hundred and thirty-two: Provided, That no person or persons other than invalid pensioners now receiving a pension under any law of the United States, shall be entitled to the benefit of this act, unless he or they shall first relinquish his or their further claim to any such pension: .And provided, further, That, in all payments under this ac, the amount which may have been received by any pensioner other than an invalid pensioner, under any other pension act as aforesaid, since the date at which the payments under this act shall commence, shall first belsducted from said payments.
Sec. 9. And be it further enacted, That to en