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H. of R.]

Supernumerary Officers and Cadets.

[Jan. 19, 1831.

sire that it should receive the deliberate attention of the each company; of course, upon a reasonable calculation, Committee on Military Affairs, and every member of this but few, if any, of the cadets, after June, 1831, will be enHouse; and, when so considered, he confidently believed titled to a brevet commission. I would respectfully suig. that its principles would be carried out by the efficient gest if some rule, different from the present, be not action of Congress. It is possible, said Mr. W., that I necessary to restrict, for the future, brevet lieutenant aphave imbibed erroneous opinions and improper preju- pointments, retaining only so many as might supply the dices against the present organization of the Military Aca- probable vacancies which would occur within the year. demy. (I mean no reflection upon the conduct of those The number of promotions to the army from this corps, whose business it is to superintend its management.) If for the last five years, has averaged about twenty-two; I have been in error, the most laborious investigation and while the number of graduates for the same period has deliberate reflection have not enabled me to correct the been at an average of forty. This excess, which is annu: opinions heretofore expressed; but every day's results ally increasing, has placed eighty-seven in waiting until tend, more and more, to convince me that Congress should vacancies shall take place; and shows that, in the next review its legislation upon this subject.

year probably, and in the succeding one certainly, there By the act of 1802, what is now called West Point will be an excess beyond what the existing law authorizes Academy, was organized for a particular purpose. It to be commissioned." There will then be one hundred and was designed as a nursery, a school of practice for the six supernumerary brevet second lieutenants appurtenant junior officers of the army. As a military institution pure to the army, at an annual expense to the Government of iy, I am its friend and advocate; as a school for the edu- eighty thousand dollars.” cation of the youth of the country generally, of one class, Now, sir, I put the question to the members of this and that the wealthy and politically influential, and at House, and to the Secretary of War, does the country public expense, I am opposed to it. I will not now, sir, need these supernumerary officers in time of peace? detain the House by a statement of the reasons which have Does it comport with a sound and practical economy to conducted my mind to its present results.

maintain, at an annual expense of eighty thousand dollars, By the act to which I have referred, the corps of engi- one hundred and six young men, whose services are not neers then in service, with one chief and six assistant en- needed by the Government? I say not needed, if you will gineers, were stationed at West Point, and organized keep the officers of companies at their posts, if you will into a school for the education and instruction of the not withdraw the captains of companies from the performjunior officers of the army. The President was authorized ance of service in the line, and aitach them to the staff to appoint ten cadets only, who were to be stationed at These supernumeraries are annually increasing. ThirtyWest Point, and be attached to the army, to be paid six- three more are to be added next June—what will you do teen dollars per month, and two rations per day. The with them? Of what service to the country are they? whole corps was not to exceed twenty officers, one colo- For one, I say, dismiss them; let them go home, and, if nel, one lieutenant colonel, two majors, four captains, four they cannot do better, go to work. lieutenants, and four second lieutenants. This, I believe, There is, sir, one other proposition in the resolution, in the time of Mr. Jefferson, that good old time of practical about which I feel much solicitude, and will add a few republican economy, constituted the Military Academy. remarks. Under the present regulations of the army, In 1803, the President was authorized to appoint one teach- and by consequence of this supernumerary corps of seer of the French language, and one teacher of drawing, cond lieutenants by brevet, the power of the President to &c. In 1812, one professor of natural and moral pliiloso. appoint an officer in the line of the army from and among phy, one professor of mathematics, one professor of civil the meritorious non-commissioned officers of the army, is engineering, with assistants, and the number of cadets taken away. Sir, no man can enter the army of his counthen limited, or rather extended, to two hundred and try, however well deserving and well qualified, unless he fifty

shali have been so fortunate as to have received a diploma i have thus, Mr. Speaker, given in brief the organiza- at West Point. I would leave the Executive at liberty to tion and progress of this institution up to 1812. With seek talents and reward merit by appointments to suibal any further alterations, additions, and details, I will not tern officers in the army, wherever he can find them. At trouble the House. When the cadets shall have received present, sir, no matter what may be the inerits and qualia regular degree from the academical staff, the President fications of a non-commissioned officer, no matter what is required to confer upon them the rank of second licu- may have been his deeds of valor and daring, promotion tenants, by brevet commission, and attach them to the to him (the higliest reward of the soldier') is denied by army, with the pay and emoluments of second lieutenants. the laws of that country he so gallantly defends. If you What has this official nursery produced in the space of cut off all hope from the non-commissioned officers of the eighteen years? I do not refer to the hundreds who, army, you will, in time, destroy its moral force. I believe having received their education at public expense, have it has had a tendency, a very powerful tendency; to lessen retired to civil pursuits—I refer to the pumber who have its physical force. clung to the army, and still cling to it, and are called We have felt the effects, and witnessed the losses both supernumerary officer's. If they are supernumerary, by of men and money, by descrtion froin the army. Many which I understand a greater number than is warranted and various have been the causes assigned for this pracby law, or required in the service, I am for getting rid tice, and as multifarious have been tie remedies proposed. of them as soon as possible.

My reflections, sir, have taught me to believe that one I will call the attention of the House to a sirigle passage great cause of the increase of this evil may be fairly traced in the report of the Secretary of War, at the present ses to the practice of taking the captains from their appra. sion. By that report, we are told that,

priate service at the head of their companies, and confer"By the act of 1818, the President of the United States ring upon them staff appointments, and of the want of a is directed to confer upon the graduates of this academy power in the Executive to reward, by promotion, the the appointment of brevet lieutenants. Already there are meritorious of the non-commissioned officers of the army. eighty-seven supernumerary officers thus created, and who Every man who knows any thing of the actual service, cannot now be provided for in the line of the army, In must admit the importance of so inconsiderable an officer June next there will probably be thirty-three more added, as the orderly sergeant of a company. In my estimation he which will produce an excess of fourteen over the number ranks in real utility and efficiency, in the promotion of order, authorized. The law prohibits the brevet appointments and the diffusion of a correct military and moral feeling of a greater number than one hundred and six-one for among the soldiers, next to the captain. No company is

Jan. 19, 1831.]

Supernumerary Officers and Cadets.

(H. OF R.

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well commanded, well disciplined, unless both of these the number of officers at present in the army exceeded officers are talented and efficient within the sphere of the wants of the service. In proof of this, he referred their duty. How important is it, then, that your non-com- gentlemen to the Register, which would show that scarcely missioned officers should be men of correct moral habits, a single company had its complement of officers upon possessing a military feeling and spirit. These you will duty with it. It officers are taken from the line for the not have, under your present regulation. They have not staff, these deficiencies of company officers must exist, that strong incentive to action, that powerful stimulus to unless a new military organization should be adopted. If, the military man, the hope of promotion, to propel them by this organization, officers transferred to the staff vacatin the discharge of their duty. They are content if they sed their commissions in the line, as these vacancies must so demean themselves as to escape censure or punishment, be supplied, the number of the officers would be in. and leave the men to the government of their own idle creased instead of being diminished, unless the number and dissipated passions; thus destroying what I call the of officers to a company should be reduced, which he moral force of the rank and file of your army; and deser- believed would be impolític and injurious. tion and crime are the inevitable consequences. Some Whether it would be expedient, in order to prevent of our best company officers, during the late war, had the desertion, or to infuse a spirit of emulation into the nonhonor-I call it an honor, sir- of having been promoted commissioned officers, to hold out to them the prospect of from the ranks of the army. They fought for their com- commissions, was a proposition to which he [Mr. D.] bad missions, won them, and did not disgrace the late war. not particularly turned his attention. However this Ours, I believe, sir, is the only country at this time with might be, as the President could not create officers of which I have any acquaintance, where the avenue to pro- the army, but only appoint them, when authorized by law, motion is blocked, eternally blocked, by a corps of super- as by law he was to appoint the cadets, after they had numerary officers.

graduated to the number of one hundred and siz, constiThere are other subjects of much importance, embraced tuting all who could be added to the army, the existing in the resolution, about which I forbear to say any thing legislation must be altered, before a power could be vested at this time. I have made these suggestions, and hope in the President to promote non-conimissioned officers, or they will lead others, and particularly the Committee on to confer commissions upon any other persons than the Military Affairs, to a minute investigation. I take the hint cadets. Mr. D. added, that he had not risen for the recently given, and now propose a measure of real re- purpose of entering into an argument upon the subjects trenchment and reform; and I hope we shall meet with no contained in the resolution, but merely to correct some opposition from a quarter where I think them so much misconceptions which, it seemed to him, the gentleman needed.

from Kentucky labored under. When that resolution Mr. DRAYTON said that the fact stated by the gentle- came before the Committee on Military Affairs, he should man from Kentucky, (Mr. WICKLIFFE,] that eighty thou have the opportunity to examine the several topics which sand dollars were appropriated for the pay and emoluments it embraced. of brevet second lieutenants, was certainly correct; but Mr. WICKLIFFE rejoined. I was well apprised, said that these officers performed no duties, and rendered no he, of the fact that these eighty-seven supernumerary services, was erroneously stated. They performed all the second lieutenants were, in theory and in name, attached duties, and rendered all the services, of second lieutenants to the army, and that some of them did actually perform in the line: why, then, shall they not be entitled to the duty; but, sir, where were the captains, the first and same compensation? So for from their not performing the second lieutenants of the companies? If they had been duties appropriate to their rank, it appeared from a docu- at their post, they could have performed the service assignment submitted to this House at its last session, that, in a ed to these junior subalterns. if you take the captains recent expedition against the Pawnees and other Indians, and make staff officers of them, and give the command one of them commanded a company. When brevet se- of companies to these young, (ind without meaning any cond lieutenants acted in this capacity, could it with pro- the slightest reflection upon them) inexperienced officers, priety be said that the public money was uselessly lavished you do affect essentially the organization, harmony, and upon them? Brevet second lieutenants, who had graduated efficiency of the army. at West Point, were annexed to the army, by the positive When a captain quits the command of a company, and provision of a law, with the restriction that their appoint- seeks a stafi appointment, he is governed by one of two ments should not exceed one to each company in the ser motives, (perhaps both,) either to avoid the fatigue, vice, by which not more than one hundred and six could labor, and hardships of doing duty in the line, or to obtain receive commissions.

an increase of his pay, He should then lose his rank in With respect to the Military Academy, he agreed with the line, and allow others, who will remain and perform the gentleman from Kentucky, that the number of cadets duty, to rise. Do this, and you will promote the moral now educated there was beyond the wants of the army, force of the army. You will promote harmony and good or would soon be so. There are now eighty-seven brevet feeling, and destroy that jealousy which this practice second lieutenants; and it was probable, after the next ever engende!'s, so baneful in its effects. I am pleased promotion of the cadets from the first class, that the whole to learn that the honorable chairman of the Committee number of one hundred and six would be annexed to the on Military Affairs (Mr. Drayton] agrees with me that several regiments. As to that part of the gentleman's the number of students at West Point should be reduced. resolution which related to West Point, bie [Mr. D.] The main and principal object Mi'. Jefferson had in view had anticipated the object of the gentleman, by submit in the establishment of that institution, seems to have ting a resolution, calling upon the Secretary to inform been lost sight of. Instead of its now being a school for this House whether the number of cadets educated at the the purposes of the army only, it has become a free Military Academy was not excessive, when compared with national academy. After the students of that academy the purposes for which that institution was established; receive their education at public expense, and paid for it and, if such should be the case, to report a plan for their too at the rate of sixteen dollars per month, three out of recluction, and an organization corresponding with such four of them return to their liomes and pursue some proalterations as might be necessary. lie [Mr. D. } had session. If we are to have a national university, let us moved this resolution for the information of the commit- establish it at once, and not avoid the provisions of the tee, of which he was a member; and that committee, upon constitution, by using the means of raising and supporting receiving the report of the Secretary of War, would doubt an army, to the promotion of education by the Federal less act upon it. Mr. D. observed, that he did not think Government. I desire these things to be unucrstood by

H. OF R.]

Trial of Judge Peck.---Relief Vessels.--Mileage of Members of Congress. [Jax. 20, 1831. the people; and when understood, if they are willing to the intention of embarrassing the bill that he had made educate at public expense, and pay them for it, two hun- the proposition to amend. dred and fifty young men, annually selected as the stu [Mr. SPEIGHT bere denied having charged him with dents of West Point Academy ever have and ever will be, that intention; he had stated that, in his opinion, such then I am content.

would be the effect of his amendment.) The hour of twelve having arrived, a motion was made, Mr. CHILTON continued. He thought that the amendand prevailed, for the House to go into committee, for the ment should be adopted; that it was calculated to subserve purpose of attending the

the public interests. It was true, when he first introduced

this measure of retrenchment, he was not as well acquaintTRIAL OF JUDGE PECK.

ed with matters and things as he now is; but he was still The House accordingly resolved itself into a Commit- of the opinion that, by proper economy, six dollars per tee of the whole, Mr. Martix being called to the chair, diem would be an adequate compensation; but, at all and proceeded to the Senate.

events, such has been the improvements in the mode of At three o'clock the Committee of the Whole returned, travelling by stages and steamboats, that all, he presumed, and the SPEAKER resumed the chair.

woud admit six dollars for every twenty miles actually

travelled would be ample compensation. Twenty miles RELIEF VESSELS.

was not a day's journey on horseback; indeed, forty miles Mr. CAMBRELENG (pursuant to notice which he was a moderate day's journey. It could not, therefore, gave in the morning) moved that the House go into com- be doubted, that six dollars would be sufficient for all the mittee on the bill from the Senate, to authorize the em- expenses incurred in travelling twenty miles in any part ployment of certain relief vessels, and appropriating of the country. While the present law exists, he would $15,000 therefor.

receive the pay which it allowed, and no more; but he had Mr. WICKLIFFE thought this a bill that ought not to pledged himself to his constituents to endeavor to repeal pass without discussion; and as it was late, and the House this law, and to retrench this branch of public expendithin, he moved an adjournment.

ture; and like all pledges that he made, he would use The question was put, and a majority voted against ad- every exertion to redeem. When he had done so, he felt journing; but there appearing no quorum,

that he had done his duty to his conscience, his constituThe House adjourned.

ents, and his country. In charging mileage, he said it

would appear that each branch of the National Legislature THURSDAY, JANUARY 20.

had exceeded the respective distances when computed

on the nearest mail route, with, perhaps, only thirteen MILEAGE OF MEMBERS OF CONGRESS.

exceptions. Mr. HALL, from the Committee on Public Expen He charged, however, no improper intention to any ditures, reported the following bill; which was twice member, but was inclined to believe that others, like read:

himself, had inadvertently been guided by former charges Be it enacted, &c. That it shall be the duty of the and calculations of distance. Secretary of the Senate and Sergeant-at-arms of the Mr. YANCEY, of Kentucky, said he hoped that the House of Representatives, with the aid of the Postmaster amendment, which proposes to reduce the pay of the General, at the end of every session of Congress, to make members of Congress to six dollars per day, and six delan estimate, as nearly as possible, of the actual distance, lars for every twenty miles' travel in going to and from in a direct line, of the residence of each member of the the seat of Government, will be adopted, and that we Senate, House of Representatives, and delegate of a shall not talk so much about retrenchment and reducing territory, from the seat of Government; and that the expenses, and give so little proof of being in reality, by mileage of members of Congress and delegates be com- our actions. I am surprised to hear the gentleman from puted, and their accounts for travelling be settled, ac- North Carolina say that he will vote for the reduction cording to such estimate.”

contemplated in this amendment, if in a separate bill, but Mr. CHILTON proposed to add to the bill the follow- will not when united with this; I consider, sir, that both ing section:

measures are right, and consequently should pass, either And be it further enacted, That, from and after the conjointly or separately. I, sir, have given pledges to passage of this act, the pay of members of the Senate, my constituents, which were elicited by their interrogaHouse of Representatives, and delegates of territories, tories propounded to me, that I would endeavor to efshall be at the rate of six dollars per day for each day's fect the reduction asked for in this amendment, and I was attendance on the business of the Senate or House of much gratificd that the question was asked me, if I Representatives; and six dollars for every twenty miles' would be for reducing, because it gave me an opportutravel to and from the seat of Government, estimated nity to manifest my willingness to promote a measure of according to the rule established in this act.”

economy, which I was and am sincerely in favor of; ard, Mr. CHLTON did not intend to say one word on this sir, I should be glad that my views on public measures amendment, unless called on by some member of the corresponded with that of gentlemen in this House. But House for explanation. He was desirous that each mem- when the sovereign people whom I represent wish a meaber of the amendment should stand on its own individual sure, I, with great pleasure, advocate and support their merits; and for that purpose he would move a division of will, whether it is agreeable to this House or not; and, the question. The proposition to limit the charge for sir, I should wish the stentorian voice of an indignane peomileage to six dollars for every twenty miles, he had no ple to speak into insignificance and retirement, and that, doubt would meet the approbation of all.

too, in strains of thunder, that representative who would Mr. SPEIGHT expressed his regret that this motion dare to violate the known will of the people. Sir, it is was made, the effect of which wouli only be to embarrass the very vital principle of republics, that the will of the the main question. In the shape of an original, separate majority shall prevail, and none will dare assert, here or proposition, he should be willing to support it; but the elsewhere, that the sovereign people of this land are not House had alrearly spent too much time in debating about capable of wise self-government; and as the people the mileage, and it was time that that subject should be whom I have the honor to represent, will, as they have a disposed of

right to do, demand of me a faithful redemption of my Nr. CHILTON begged leave to state to the gentleman pledges, I trust, sir, that my conduct on this occasion from North Carolina, [Nir. Speicht,] that it was not with will mect their approbation, which is what I and every

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JAN. 21, 1831.]

Relief Vessels.-- Military Academy.— The Impeachment.--Mileage of Members.

[H. OF R.

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member ought arduously to aspire to. Sir, we talk aas to take the sense of the House on the first member of great deal of trying to bring our ship of State back to the resolution: its republican tack. Now that we have a good and The question being put, the first paragraph of the redemocratic statesman at the helm, let us march boldly solution was agreed to, as follows: to the mark, and not Ainch when there is an effort Resolved, That the Committee on Military Affairs be made to reduce unnecessary expenses; and as we have instructed to inquire into the expediency of dismissing the fising our own compensation, c.nd as the six dollars from the army the supernumerary lieutenants by brevet wo:ild be what it was in the good old halcyon days of commission.” pure republicanism, when the great Washington was in The question was then taken on agreeing to the rethe Presidential chair, and the illustrious Jefferson, his mainder of the resolution, and was also agreed to, in the right hand man, was Secretary of State, that compensa- following form: tion was deemed sufficient, and now that we are aiming “That the committee also inquire into the expediency to get back to good old times, let us demonstrate by our of fixing the age between seventeen and twenty-one year's actions that our professions of economy are sincere. As as the period of admission into the West Point Academy; I said before, sir, as we are the only people that can fix and that all the graduates, from time to time, at that insti. and reduce our wages, and as I verily believe them too tution, shall be discharged from the army when not needhigh, let us not make an ostentatious display of frugality ed in the actual service of the country. and economy in our public expenses; and when a reduc “That they inquire into the expediency of authorizing tion of what I deem extravagant, is so perfectly tangible appointments in the line of the army from the meritoin our power, let us show that our professions of re- rions non-commissioned officers of the army. trenchment are not a mere empty sound.

“And, also, of reducing the number of cadets in said Mr. CARSON said that, for his own part, he had no- academy, now authorized by law." thing to do with the motives of the gentleman from Ken Mr. LEIPER laid on the table the following: tucky, in submitting his amendment; neither had be any Resolved, That the Postmaster General be requested to concern respecting the pledge which that member hail communicate to this House the causes of the irregularity given to his constituents, or to the redemption of that of the arrival of the Eastern mail; to what the failure is pledge as had been promised. A statement had been attributable; and what remedy can be provided to premade, that, with the exception of fourteen cases, all the vent this delay. other charges for mileage bad been overrated. This In submitting the foregoing resolution, statement is erroneous. I hall occasion during the last Mr. LEIPER said he begged leave to be explicitly unsession to correct a similar statement. The gentleman derstood that, in offering this resolution to the House, he from Kentucky has no doubt been led into the error hy did not, in the remotest manner, intend to convey any the incorrect calculations of the Post Office Department, censure, or attach any blame to the Postmaster General, to which lic has referred, and upon this he has indirectly or the contractors on this mail route. A report was made censured the whole Congress, with the exception of one to this House on the 12th day of February, 1827, by the Senator, and thirteen members. Now, sir, according to predecessor of Mr. Barry; his wish now was to elicit any the post office statement, the difference between the post new information the department could present touching office of my colleague, [Mr. Conver,](Brutus Fords post a subject which was one of considerable public interest. office,) and mine, (Pleasant Gardens, ) is only three and [The resolution was adopted on the following day.) a half miles, when, in fact, the distance is mear eighty. It

THE IMPEACHMENT. is insufferable, sir, that such censure should be thrown out

The Ilouse then resolved itself into a Committee of the upon such false premises. I only rise to correct this error, so far as myself and colleague are concerned.

Whole, and proceeded to the Senate, to attend the trial Mr. C. concluded by calling for the previous question; of the impeachment of Judge Peck. Having returned, and the call being sustained,

the committee reported pro The main question (which precludes or puts aside

The House adjourned.
amendments: was then taken, and the bill was ordered to
be engrossed for a third reading to-


Mr. CAMBRELENG rose to renew the motion which

The engrossed bill“ to establish a uniform mode of he made yesterday to go into Committee of the whole, computing the mileage of members of Congress, and deleand take up the bill from the Senate to empower the Pre- gates from territories," was read the third time; and the sident of the United States to send relief vessels on our

question being stated on its passage, maritime coast. He said the measure proposed was an

Mr. CHILTON required the yeas and nays on the quesact of humanity, and called for a speedy decision by the tion, and they were ordered by the House. House. Whatever might be its opinion, he hoped the when the bill, if it passed, would take effect. He pre

Mr. TUCKER requested information as to the time bill would now be considered.

In order to go into Committee of the Whole, it be- sumed not till the next session of Congress; in which which required a vote of two-thirds of the members pre-would take effect upon the present Congress. came necessary to suspend the different orders of the day, case, he should be averse to passing the bill


The SPEAKER replied that, if the bill should pass, it scnt. The question being put on the suspension, it was de

Mr. TUCKER withdrew his opposition; and cided in the negative-yeas 103, nays 59.

The question was then put on the passage of the bill,

and was determined in the affirmative, by yeas and nays, MILITARY ACADEMY.

as follows: The resolution yesterday submitted by Mr. WICKLIFFE YEAS.--Messrs. Alexander, Allen, Alston, Anderson, was then taken up.

Angel, Armstrong, Arnold, John S. Barbour, Baylor, Bell, Mr. DRAYTON was entitled to the floor; but, as the James Blair, John Blair, Bockee, Boon, Borst, Bouldin, hour had nearly elapsed for the consideration of resolu- Brodhead, Cahoon, Cambreleng, Campbell, Chandler, tions, be decline<l making the remarks which he intended Chilton, Claiborne, Clay, Coke, Cooper, Crawford, to have done to correct the errors into which the gen- Creighton, Crocheron, Daniel, Davenport, John Davis, tleman from Kentucky had failen, and said he would con- Deberry, Denny, Desha, De Witt, Doddridge, Dorsey, tent himself with moving for a division of the question, so Draper, Drayton, Duncan, Dwight, Eager, Earll, Horace

VOL. VII.--34

ess, and


H. OF R.]
Pay of Members.-- The Judiciary.

(Jax. 22, 24, 25, 1831. Everett, Findlay, Ford, Foster, Fry, Gaither, Gilmore, On this motion a debate of some length took place, in Gordon, Green, Hall, Halsey, Hodges, Holland, Hoft which Messrs. DRAYTON, SUTHERLAND, HALL, man, Howard, ihrie, Ingersolí, Irwin, Jarvis, Jolins, Cave WHITTLESEY, CHILTON, and CARSON, engaged. Johnson, Kincaid, Lamar, Lea, Leavitt, Lecompte, Lent, Mr. CARSON, as he said, in order to put the question Letcher, Lewis, Loyall, Lumpkin, Lyon, Magee, Malla- to rest, and to put a stop to debate, moved to lay the ry, Martin, Thomas Maxwell, Lewis Maxwell, McCreery, resolution on the table. McCoy, Mercer, Miller, Mitchell, Monell, Muhlenberg, On this motion Mr. CHILTON required the yeas and Nuckolls, Overton, Patton, Pearce, Polk, Potter, Ram- nays, and they were ordered accordingly by the House. sey, Rencher, Richardson, Roane, Russel, Sanford, Scott, Being taken, they stood --yeas 50, nays 135. W. B. Shepard, A. H. Shepperd, Shields, Semmes, Smith, So the House refused to lay the subject on the table. Speight, Spencer, Sprigg, Sutherland, Swann, Swift, Tay A message was received from the Senate, informing lor, Test,' Wiley Thompson, John Thomson, Tracy, that that body was now sitting as a high court of imTrezvant, Tucker, Verplanck, Washington, Wayne, peachment: whereupon, Weeks, C. P. White, Wilde, Williams, Wingate, Yancey, The House resolved itself into a Committee of the Young.--129.

Whole, and proceeded to the Senate, to attend the trial NAYS. --Messrs. Bailey, Barnwell, Crane, Crownin- of the impeachment of Judge Peck. Having returned, shield, Dickinson, Ellsworth, George Evans, Edward the committee reported progress; and Everett, Finch, Grennell, Haynes, Hughes, Huntington, The House adjourned. Jennings, Kendall, Kennon, Perkins King, Leiper, Martindale, McIntire, Pettis, Pierson, Rose, Henry R. Storrs,

MONDAY, JANUARY 24. W. L. Storrs, Strong, Vance, Vinton, Whittlesey, Wil

THE JUDICIARY. son.--30. So the bill passed, and was sent to the Senate for con Mr. DAVIS, of South Carolina, from the Committee 08

the Judiciary, submitted a report from the majority of The following joint resolution was read the third time: that committee, on the question of repealing the 25th sec

Resolved, &c. That the rules of each House shall be tion of the judiciary act of 1789, accompanied by a bill so amended, as to make it the imperative duty of the “ to repeal the 25th section of the judiciary act of 4th Secretary of the Senate and Sergeant-at-arms of the September, 1789.” House of Representatives to ascertain, at the end of every Mr. BUCHANAN, from the same committee, was desession of Congress, from each Senator, member, or dele- sirous to present the report of the minority of the comgate from a territory, the number of days which he may mittee; but the SpeakEn stated that the question must first have been absent from, and not in attendance upon, the be put on the reading of the bill. business of the House; and, in settling the accounts of The bill was then read a first time, and a motion made Senators, members, and delegates, there shall be deduct- for its second reading; when ed from the account, or amount of pay for each session, Mr. BUCHANAN again moved for leave to present at the rate of eight dollars per day for every day any the report of the minority of the committee; but the member of either House, or delegate, shall have been ab. Chair stated that, as the House could not entertain two sent, except by order, on business of the House to which motions at a time, that made by the gentleman from he belongs, or in consequence of sickness."

Pennsylvania was not now in order. He could have an The question being upon its passage, a brief debate opportunity hereafter to present the report. took place between Messrs. THOMPSON, of Georgia, Mr. DODDRIDGE moved the rejection of the bill, and HALİ, GORMAN, SUTHERLAND, TUCKER, and on his motion demanded the yeas and nays. DRAYTON, upon the form of the resolution, and its effect The SPEAKER stated that the question would be on upon the rules, &c. Pending the remarks of the latter now giving the bill its second reading; and, if the House gentleman, a message was received from the Senate, in- refused to order it to be read a second time, it would forming the House that that body was now sitting as a amount to a rejection of it. court of impeachment: whereupon,

On the motion to read a second time, Mr. DonThe House resolved itself into a Committee of the DRIDGE demanded the yeas and nays: pending which Whole, Mr. Marten in the chair, and proceeded to the demand, Senate, to attend the trial of Judge Peck. Having re A message was received from the Senate, informing turned, the committee reported progress; and then that that body was now sitting as a high court of imThe House adjourned.

peachment: whereupon,

The House then, on motion, resolved itself into a Com. SATURDAY, JANUARY 22.

mittee of the Whole, and proceeded to the Senate, to

attend the trial of the impeachment of Judge Peck: PAY OF MEMBERS.

Having returned, the committee reported progress; and The House having resumed the consideration of the The House adjourned. joint resolution relative to the pay of members of Congress, Mr. HALL moved to recommit the resolution to the

TUESDAY, JANUARY 25. Committee on Public Expenditures, with instructions to

THE JUDICIARY. report a bill, provideng-" That it shall be the imperative duty of the Secretary of the Senate and Sergeant-at-arms After clisposing of a variety of morning business, the of the House of Representatives to ascertain, at the end of bill yesterday reported from the Committee on the Judievery session of Congress, from each member of Congress, ciary, "to repeal the 25th section of the judiciary act of or delegate from a territory, the number of days which he 1780,” was taken up-the question being on ordering the may have been absent from, and not in attendance upon, bill to a second reading. the business of the House; and, in settling the accounts of Mr. DAVIS, of South Carolina, hoped the bill would Senators, members, and delegates, there shall be deduct- be allowed now to be read the second time, and that it ed from the account, or amount of pay for each session, would be made the order of the day for Tuesday next; at the rate of eight dollars per day for every day any which motion he made. member of either House, or delegate, shall have been The SPEAKER said bill could not tak that course, absent, except by order, on business of the House to which unless the gentleman from Virginia [Mr. DODANIGE) he belongs, or in consequence of sickness."

would consent to withdraw his opposition.

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