SENATE.]

Post Office Department.

[MARCH 3, 1831.

made out the "abstracts," and Mr. Taylor and Mr. Dundas wish, in all charity, that we had better grounds to presume were introduced, and, after a preliminary examination, it. This "abstract" is neither an original record, nor a were sworn and testified. We recurred to the erasures, and copy from any record. It states briefly in each case the asked what was erased to make the blanks which were amount of the contract, the name of the contractor, the filled by Mr. Bradley's name? They answered, Mr. Barry's amount of the extra allowance, and for what time. It is and Mr. McLean's, but chiefly Mr. Barry's. Why were neither an extract nor abstract from any record or docuMessrs. McLean and Barry's names first inserted? Be- ment. It is rather a compilation of these facts from the cause they supposed it was right; but Mr. Brown, by order letters, the cash book, and the leger. It seems singuof the Postmaster General, as he said, had determined lar that there is no direct record of the time when these otherwise, and directed this rule: to take the leger, and allowances were granted. But, nevertheless, it happened look at the account of the contractor which was adjusted in this case that the subordinate officers found no difficulty for each quarter, and, if the credit of the allowance at the in ascertaining which Postmaster General did make the end of the quarter is carried into Bradley's time, charge allowances; and nothing but the rule promulgated by Mr. the allowance to him. It appeared that the account with (). B. Brown changed the right into a wrong. Now, it Harrall was adjusted and balanced to the end of the quar- would seem that a rule so utterly fallacious as this, would ter, to wit, the 1st of April; and, as Bradley was then operate sometimes for, and sometimes against, Mr. Bradacting Postmaster General, this allowance was consequently ley; but this (strange to tell) operated in every case against charged to him. I inquired if this quarter's account was him, and fixed upon him the most numerous and extravaadjusted and balanced at the time it bears date? The an- gant extra allowances that were ever made in twice that swer was, no; and not, probably, until June. Whether, if distance of time. Considering, therefore, that Mr. Barry the allowance had been made between the 1st of April had been, long before this, presented to the President for (the end of the quarter) and June, the time of actual ad- extravagance in these allowances; that his answer to a call justment, it would have been carried to Harrall's credit in from the Senate had been altered, by erasures, so as to rethat quarter? The answer was, that it would. Do not you, move this charge from him, and fix it on Bradley; that the then, we asked, see the fallacy of your rule in proving falsity of the official document had been detected, and acwho was the Postmaster General who made the allowance? knowledged by the officers who have the chief manageYour quarter closed on the 1st of April, and Bradley's ment of the department; it is for the public to decide functions ceased on the 7th, and your adjustment of the whether such errors in such a department, which combine quarter was made on the 1st of June. If this allowance to destroy the fair fame of a worthy and highly distinhad been made any time between the 7th of April and 1st guished citizen, are to be ascribed to gross ignorance or of June, and you had carried it back to the 1st of April, base design. do not you see that you fix on Bradley an allowance made From all the evidence which we obtained from the deby Barry Bring your original entry, where, concerning partment, it would seem that, in less than four weeks, Mr. this allowance, you first put pen to paper, no matter what Bradley is made to have given extra alllowances in fortyis the name of the book or the document. They brought seven cases; in thirty-six of which Mr. McLean and Barry "the cash book;" there the allowance was stated, and were rightly charged, but their names were erased, and the time for which it was made, but not when the decision Bradley's wrongfully inserted. It appears further, that was made. But I perceived, in a small note in red ink, though the call as to these extra allowances, which was "see letter of 13th April." I demanded the letter, and it made nine months before it was answered, extended also was brought; and, behold, it was a letter of Phineas Brad-to the reasons or consideration for them, yet in very few ley to Harrall, six days after Abraham's functions had instances has the reason or consideration been given; and ceased, stating that the Postmaster General (Barry) had in some it is found that it has been erroneously given. examined his claim for extra compensation, and had di- In this very case of Harrall, all that is pretended to have rected him to pass the sum of $1,992 50 per annum to his been gained for this $1,992 per annum, is expediting two credit, as extra allowance. Here the thing was settled. hours in twenty-four, which, upon inquiry, turns out to The charge of Bradley to the President, of Barry's extra be but an hour and a half. In the short time that this allowance, was true; the attempt in Barry's official re-mass of matter has been before us, we have discovered port to shoulder it off on Bradley was entirely defeated. enough to convince me that this mutilated, mangled, perThe Assistant Postmaster General, Gardner, and Chief verted document never ought to go to the public with Clerk, Brown, were forced to admit the error, and that the sanction of the Senate. The Senator from Tennessee the rule which had fixed about $40,000 of allowances upon suggests that the petition and this document may both be Bradley, took these allowances from McLean, but chiefly published. But the committee know that the petition from Barry, where they in fact belonged, and charged is true, and the document is not. Shall we, then, give curthem upon Bradley, where they did not belong. It was rency to official slander against a citizen who has served strange, indeed, that this abstract should have been, at you near forty years with distinguished ability and stern first. made out correctly, and that McLean and Barry's integrity? If his faithful services could not save him from names should have been improperly erased and Brad- a relentless proscription, but he must be cast upon the ley's improperly inserted. Now, it is not to be pre-world in the evening of his days, pennyless, and without sumed that charges so grave as those presented by Brad- employ, surely we will not give currency to that which, ley to the President of the United States, in his letter if true, would consign him to infamy, but which we know of the 17th of October, were never communicated to the is a gross fabrication. If you will consent to adopt a rePostmaster General. Mr. Bradley had been an Assistant solution, directing the printer to enclose the erasures in Postmaster General full thirty years, and, in all that time, brackets, and insert this resolution in a note at the bottom had maintained an irreproachable character. He had been of each page which shall contain an erasure, the antidote removed without being permitted to know the cause. would then go with the poison, and no harm would be One of the charges (to wit, prodigality) which he prefers done. But, as it is, I protest against such injustice. against the Postmaster General, (Barry,) is attempted to be shouldered off on him. This the witness declares on oath was the act of Barry himself, and proves it in the way

have stated.

I

The depositions of Brown, Dundas, Taylor, Suter, and Gardner, admit the misrepresentation in this "abstract;" but "it is an innocent mistake." It may be so, and we

Mr. GRUNDY remarked, that he should not oppose the adoption of the resolution. He never could see any public utility in either obtaining or printing the abstracts; and if any member supposed that injustice would be inflicted on any one, he should be still less inclined to have them printed. He was one of the members of the committee who examined this subject at the General Post

MARCH 3, 1831.]

Post Office Department.

[SENATE.

Office, and believed no improper conclusion could be Mr. CLAYTON said, he wished the gentleman from
drawn. If the abstracts, the memorial of Mr. Bradley, Tennessee, when he expressed his opinion that others
and the depositions of Mr. Brown, Mr. Suter, Mr. Tay- believed no fraud was intended by the erasures, had con-
lor, and Mr. Dundas, were printed together, the whole fined himself to what he knew, or had better reason to
truth of the case would then be presented, and no impu- believe, than he had condescended to name. The other
tation would be thrown on any one. Mr. Bradley alleged members of the committee would think for themselves,
that certain extra allowances purported by the abstracts and had not made that gentleman their organ to express
to have been made by him, which were not made by him; any opinion on this subject. He said, he understood
but it should be noticed, that there was no evidence that the gentleman to say, by way of excuse for these muti-
these allowances were not properly made. It was only lated documents, that, in some of the cases, Mr. McLean
material to investigate the matter, because Mr. Bradley had made the allowances. Sir, an inspection of the
had stated in his letter to the President that Major Barry evidence will show that, in nearly all, if not in every
had made one or more of them. It was a matter touching case, the reverse is the fact. The select committee this
Mr. Bradley's veracity, which it was deemed proper should morning reported on the affairs of the department; and
be put upon the true ground. Mr. G. was desirous that the depositions and papers to show this, which have all
full justice should be done to Mr. Bradley, but protested been ordered to be printed, are referred to in, and form
against the effort which seemed to have for its object a part of, the report. Among these is a communication
the inculpation of the Post Office Department in the from Mr. McLean, in which he informs the committee
transaction alluded to; and a reference to the depositions that Mr. Bradley never made an allowance while he was
of the witnesses before named would entirely free the de- in the office of Postmaster General. But, sir, there is
partment from all censure.
yet another reason why these documents should not be

It was required by the resolution that the department printed. They are entirely evasive of the resolution
should state not only all extra allowances made, but the of the Senate. In a majority of all the cases of extra
officers by whom made. The clerks, Mr. Taylor and compensation set forth in them, they do not state the
Mr. Dundas, were directed by Mr. Brown, the Chief additional service" to be performed, and which was
Clerk, to proceed with the work. Mr. Brown was de- the consideration for the allowance. They are now
tained from the office by sickness. In the execution of spread on the Secretary's table, and you may see that
the business, it was discovered that the books of the office, they do not constitute, without the contracts, even an
from its commencement, contained nothing showing by apology for an answer to the requisition made by the
whom extra allowances had been made, but the dates of Senate. Generally, they do not give the length of the
the entries; and Mr. Dundas had gone on to state the extra routes, or of the time in which they were to be perform-
allowances as made by Mr. McLean up to the day of his ed--but leave you to refer to the contracts themselves,
resignation, and from that period as made wholly by Major which it is not proposed to print. And in one case,
Barry. After he had proceeded in this way for some time, a where the excuse for the extra allowance is set down to
question arose as to its correctness, and it was agreed by Mr. be an increase of expedition, by carrying the mail through
Taylor and Mr. Dundas to take the opinion of Mr. Brown two hours sooner, the proof, as you will see by the depo-
upon the subject, on which they differed in opinion. They sitions, is, that it was to be carried through only one hour
stated to him the principle of difference, without reference and a half sooner than before the extra compensation was
to any particular case, (as sworn to by Mr. Taylor.) Mr. allowed. The law explicitly directs that the extra allow-
Brown was of opinion that the criterion would be, to ance shall be regulated by the original contract, and
take from the books the dates of the first entries for the apportioned according to the increase of duty to be per-
payments of extra allowances, and charge the making of formed. To determine the propriety of the allowance,
these to the Postmaster General then in office; and to state the additional service must be distinctly stated; and as
all allowances as made by Postmaster General McLean up this has not been done in most of the cases, the docu-
to the day of his resignation, and all allowances as made ments, without reference to the contracts, showing no-
by Mr. Bradley, who was by law acting Postmaster Gene- thing, are not worth the cost of printing. But it is enough
ral, up to the day Mr. Barry was sworn into office; and to now to say that the Senate will not deliberately give pub-
Mr. Barry all allowances made from that day subsequently. licity to what they know to be untrue.
This was the rule adopted; and, in conformity with it, the Mr. GRUNDY hoped he had not mistaken the object
name of Mr. Barry was erased in several instances, and of the motion now before the Senate. He had thought
Mr. Bradley's inserted, before the report was completed. it was with a view to do justice to Mr. Bradley; so far he
This was the whole of the matter; the original books and was willing to go; but let it be understood that he did
documents all stand fair and unaltered, and he could see not acquiesce in any denunciation of the officers of the
no ground of imputation against any one. That some of Post Office Department. It was true Mr. Barry's name
these alterations in the abstract which those clerks were had been erased, and Mr. Bradley's substituted in its
making were erroneously made, no one doubted. Mr. place; but the clerks tell us it was a mistake-that it was
Brown stated it in his deposition, and, taking all the de- innocently done. He did not understand that the answer
positions mentioned, it is explained in the most satisfac- of the Postmaster General to the resolution of the Senate
tory manner. It arose from the rule or principle on which was evasive; he had not been able to give so full an an-
the books have at all times been kept; and the abstracts swer as was desirable, perhaps, but at the next session it
were taken from the books as kept, and from the entries might be obtained. He knew that Mr. Bradley was
actually made under Mr. Bradley, and from no intention charged with paying money, which he should not have
to do injustice to any one. Mr. G. was himself convinced been; but he also knew that it resulted from an innocent
that perfect accuracy could not be arrived at, as to the mistake of young clerks.
persons making the extra allowances, from an inspection Mr. CHAMBERS said he had yielded the floor to afford
of the books of the department. It might be done possi- other Senators an opportunity to explain their views.
bly by an examination of the correspondence in each case; It was now proper to explain the objects of the memo-
but that would be an almost endless labor; and five months rial. It was no part of his duty to go into the proofs upon
would not have been sufficient to examine the necessary the subject, to show that the present Postmaster Gene-
letters and documents. He would unite with gentlemen ral has wilfully and corruptly made an allegation injuri-
in voting to suspend the printing, but protested against any ous to the reputation of the memorialist; or that erasures
inference being drawn even to the prejudice of the depart- of Mr. Barry's name, and interlineations of Mr. Bradley's,
ment from the transactions which were called in question. now admitted to have been made at the department,

1

SENATE.]

Penal Code.

[MARCH 3, 1831.

were made fraudulenty and corruptly. His object re- may be committed in places under the exclusive jurisdicquired no such course, and therefore he did not pursue it. tion of the United States, including, of course, the DisMr. Bradley has stated, and sworn, that the extra allow-trict of Columbia-that it accurately defined all offences, ances mentioned in the memorial were made by Mr. provided as well for their prevention as their punishmentBarry, and had made this fact the foundation of a charge includes a complete system of procedure-a code of pripreferred against Mr. Barry to the President of the son discipline, and a book of definitions, explaining all United States. Mr. Barry's report, bearing the authority the technical words used in every part of the system. of his official station and his signature, asserts, that the He would mention two important features in the plan-extra allowances were made by Mr. Bradley. It there- the one was, providing, by positive law, for defining and fore charges the statement and affidavit of the memo- punishing offences against the laws of nations, and, among rialist to be false. It is now admitted on all hands, and them, some which had hitherto been left without any conclusively proved by an examination of the books of sanction; such as offences against that law which reguthe department, that the allowances were made by the lated, in modern times, the conduct of civilized nations present Postmaster General, Mr. Barry, and not by Mr. with respect to each other in time of war as well as of Bradley; and that the name of Mr. Barry, originally and peace. As these were entirely new, Mr. L. said he properly inserted in the abstract alluded to, has been wished, when the document was put in the hands of the erased, and the name of Mr. Bradley substituted; and it Senators, they would pay particular attention to its prois therefore conceded that the representation given by visions, as well to one most important principle which Mr. Bradley is true, and that given by the report of Mr. pervades the whole--the total abolition of the punishment Barry, the Postmaster General, false. This false report of death. To this he invited the Senators to give a most has been ordered by the Senate to be printed. The me- serious reflection, that they might be prepared to meet morialist asks a suspension of this order. This, sir, said the discussion which he should think it a duty to invite at Mr. C., is the history of this singular affair. The ques- the next session. tion for consideration is, whether the Senate will contribute their aid to circulate a falsehood, and thereby make itself auxiliary to the distribution of a charge, now admitted to be utterly untrue, deeply offensive to the character of a man who has grown grey in useful service to his country, and who has attained an honorable old age in the midst of active life without reproach to his integrity.granted. As a citizen of the same State, he had asked his protection; it had cheerfully been accorded; and he was happy to believe no member of the Senate would withhold a vote, now become necessary, to preserve an innocent man from an unmerited and unfounded imputation.

The question was then put on suspending the printing, and determined in the affirmative, nem. con.

PENAL CODE.

Mr. LIVINGSTON, of Louisiana, said, it would be remembered, that, on the last day of the last session, he had laid on the table a bill to establish a system of penal law, with the avowed intention of submitting it to the consideration of the Senate at this session. The time occupied by the trial of the impeachment during the beginning, and the extraordinary press of business during the remainder of the session, concurred with other circumstances in preventing him from bringing it up. Among them was a proposition for appointing commissioners to frame a code of laws for the District of Columbia; for that part of which, relating to penal law, this system forms an important point. That proposition having, within a few days, failed, Mr. L. said he would now, in pursuance of notice given on a former day, move for leave to bring in his bill. It was his intention, had time permitted, to have developed the principles of the bill, some of which would be found extremely important. Under present circumstances, he would confine himself to saying that it laid down general principles applicable to the subject, provided for the cases of those general acts which ought to be punishable under the powers vested in the General Government, in whatever part of the United States they may be committed, and those which

Having been prevented, by the reasons which he had mentioned, from explaining the provisions of the system in an address to the Senate, he would supply it by an introductory report which would be delivered to the members of both Houses, together with the system. Mr. L. then moved for leave to bring in the bill, which was

Mr. ROBBINS said that he held a document on the subject of the abolition of the punishment of death, which he thought would be very useful to the Senate in forming an opinion on that subject. It consisted of extracts from reports made to the Legislature of Louisiana by the Senator from that State, which had been lately republished in Pennsylvania. He moved that it might be printed; which was ordered.

On motion of Mr. WOODBURY, the Senate then went into executive business, and sat with closed doors till four o'clock, when they took a recess till six.

EVENING SESSION.

The Senate re-assembled at six o'clock, and immediately went into the consideration of executive business, and sat with closed doors until half past seven.

Messrs. WOODBURY and BURNET were then appointed a committee, to join the committee appointed by the House of Representatives, to wait on the President of the United States, and inform him that, unless he had some further communications to make to that body, it was ready to adjourn.

The committee soon after returned, and notified the Senate that the committee had attended to the duty assigned them, and that the President informed them he had no further communications to make.

H. OF R.]

First Proceedings in the House of Representatives.

sessions in the State of Mississippi; but, on the contrary, he has full power and authority so to do, and with this asseveration."

And, after debate,

On motion of Mr. HENDRICKS, it was agreed to recommit the treaty to the Committee of the Whole.

On motion of Mr. HENDRICKS, to strike out the preamble of the treaty, the question was put-Shall the following words, "Whereas the General Assembly of the State of Mississippi has extended the laws of said State to persons and property within the chartered limits of the same; and the President of the United States has said that he cannot protect the Choctaw people from the operation of these laws: Now, therefore, that the Choctaws may live under their own laws, in peace with the United States and the State of Mississippi, they have determined to sell their lands east of the Mississippi, and have accordingly agreed to the following articles of treaty"--stand part of the treaty? And it was determined in the negative--yeas 11, nays 32.

Those who voted in the affirmative, are,

Messrs. Benton, Brown, Dudley, Ellis, Forsyth, Grundy,
Hayne, King, Livingston, Tazewell, White.--11.
Those who voted in the negative, are,

[DEC. 6, 7, 1830.

on the 15th of September, 1830, together with the supplement thereto, concluded at the same place the 28th September, 1830, with the exception of the preamble.

MONDAY, FEBRUARY 21.

The Senate resumed the consideration of the treaty with the Choctaw Indians, together with the resolution, submitted the 19th instant, to ratify the same.

On motion of Mr. KNIGHT to amend the resolution, by inserting after the word "That," in the second line, the following words: "disavowing the principle asserted by the commissioners, in their negotiation, that the President cannot protect the Choctaw people in their property, rights, and possessions in the State of Mississippi”-it was determined in the negative--yeas 19, nays 25. Those who voted in the affirmative, are,

Messrs. Barton, Bell, Burnet, Chambers, Chase, Clayton, Foot, Frelinghuysen, Holmes, Johnston, Knight, Marks, Naudain, Robbins, Ruggles, Seymour, Silsbee, Sprague, Willey.--19.

Those who voted in the negative, are,

Messrs. Benton, Bibb, Brown, Dickerson, Dudley, Ellis, Forsyth, Grundy, Hayne, Hendricks, Iredell, Kane, King, Livingston, McKinley, Poindexter, Robinson, Sanford, Smith, of Maryland, Smith, of South Carolina, Tazewell, Troup, Tyler, White, Woodbury.--25.

Messrs. Barnard, Barton, Bell, Bibb, Burnet, Chambers, Chase, Dickerson, Foot, Frelinghuysen, Hendricks, Holmes, Iredell, Johnston, Kane, Knight, McKinley, Marks, Naudain, Poindexter, Robbins, Robinson, Rug-termined in the affirmative-yeas 33, nays 12. gles, Sanford, Seymour, Smith, of Maryland, Smith, of South Carolina, Sprague, Troup, Tyler, Willey, Woodbury.-32.

On the question to agree to the resolution, it was de

So the motion to strike out the preamble was agreed to. No further amendment having been made, the treaty was reported to the Senate, the question again put, and the amendment concurred in.

Those who voted in the affirmative, are,

Messrs. Bell, Benton, Bibb, Brown, Chase, Dickerson, Dudley, Ellis, Forsyth, Grundy, Hayne, Hendricks, Holmes, Iredell, Johnston, Kane, King, Knight, Livingston, McKinley, Poindexter, Robbins, Robinson, Ruggles, Sanford, Smith, of Maryland, Smith, of South Carolina, Tazewell, Troup, Tyler, White, Willey, Woodbury.-33. Those who voted in the negative, are,

Mr. WHITE submitted the following resolution: Resolved, (two-thirds of the Senators present concur- Messrs. Barton, Burnet, Chambers, Clayton, Foot, Frering,) That the Senate do advise and consent to the rati-linghuysen, Marks, Naudain, Noble, Seymour, Silsbee, fication of the treaty between the United States of Ame-Sprague.-12.

rica and the Mingoes, chiefs, captains, and warriors of Ordered, That the Secretary lay this resolution before the Choctaw nation, concluded at Dancing Rabbit creek the President of the United States.

DEBATES IN THE HOUSE OF REPRESENTATIVES.

MONDAY, DECEMBER 6, 1830.

At 12 o'clock precisely, the roll of members was called over by the Clerk of the House, (MATTHEW ST. CLAIR CLARKE,) and it appeared that one hundred and seventyfive Members and two Delegates were present.

The Clerk having announced that a quorum of the House was present-

Mr. ARCHER, of Virginia, rose, and said that he was requested by his colleague, the SPEAKER of this House, to state, that he was prevented from attending by indis. position; but that he expected to be able to reach the city before the usual hour of sitting of the House to-morrow. A gentleman who had arrived in the city in this morning's mail-boat, brought information that he passed the Speaker yesterday on his road to this place. In anticipation of the question which might be presented by the absence of the Speaker, Mr. A. said he had looked to the records, to ascertain what had been the practice of the House on like cases heretofore. He found that it had been twofold: in one or more cases, the House having, on the absence