FEBRUARY, 1821.

Admission of Missouri.

SENATE.

sensations which it produced in that part of the Union where its effects were most to be dreaded, they would think more gravely of it. When the Senate, said Mr. B., shall have manifested a desire, an anxious desire, to settle the question by one more effort, and shall still fail, our skirts will be clear; and let what consequences ensue that

objected to, her admission would have met with no serious opposition. He thought every effort ought to be made to bring the subject to an amicable issue, and hoped it would be ended by the passage of this resolution. There was nothing, among the numerous subjects before Congress, of more importance, and he thought the Senate ought to receive, without postponement, the prop-may, our records will show that we have done osition now offered.

what we could to prevent them. If nothing serious ensue, still we shall have nothing to regret. Mr. B. hoped the proposition would at least be received, if then laid on the table.

Mr. JOHNSON, of Kentucky, could not see, because the Senate had done its duty once, that it was to do nothing more. He, for one, was ready to embrace every opportunity of performing it. Mr. HOLMES, of Maine, was willing to grant How, he asked, were the Senate to ascertain the the leave requested, but merely as a matter of sentiments of the other House, or of each other, courtesy-not from a hope of its doing any good. but by proceeding in this way? Caucussing was The Senate had passed a resolution to admit the no longer fashionable here, and the distance over State; it was sent to the other House, where it which members were scattered completely pre- was amended, and then rejected. Was it for the vented an interchange of opinions in private. It Senate immediately to shape another and send to was the best course to do what they could when them, or to wait and see if that House would the opportunity offered. This subject was of more agree on any proposition of its own? If they send importance than any other before Congress; it us none, it will be evidence that they are not disdistracted the legislative councils and impeded all posed to do any thing. The public mind, Mr. H. other business. An immense quantity of business said, had been much excited on this subject, but a of the deepest concern to the nation continued be- change was taking place, and the people were before them, to be done during the short remainder ginning to say, let Missouri into the Union-if you of the session-more than he had ever known, do not, let the responsibility rest where it belongs. even at the commencement of some sessions; yet Mr. VAN DYKE disclaimed being influenced in none of this would or could be done until this all-his motion by motives of etiquette. He acted devouring subject of Missouri was settled. Every from a conviction of its expediency in regard to other subject was put in jeopardy by it. The re- the object in view the admission of the State. lief of our land debtors is endangered-the army He believed Missouri would be admitted into the is endangered-the Union itself is endangered-Union before the 4th of March, on a footing with those ties which have bound us together as a nation of brothers, have been weakened by this alldistracting question. He would therefore meet it, and continue to meet it, until the 4th of March; he would discard all other subjects to make an effort to terminate and adjust it. We see, said he, that nothing else can be done; we send to the other House bill after bill, but in vain; we hear of nothing there but Missouri, Missouri, Missouri! and thus will it continue until we can end it. Mr. J. avowed that he felt under obligations to the gentleman from Pennsylvania for bringing this proposition forward; and, unless some member would get up and say he was not ready to vote on granting the leave, he should oppose the postponement.

the other States; but he thought it impolitic for the Senate again to take up the subject so hastily, and that he was walking in the plain path of his duty towards Missouri, in regard to her admission, in making his motion to postpone the introduction of this resolution. The proposition was the same in substance as the former resolution, and if there was no difficulty apprehended here, on it, why should it be pressed again so soon; why not allow the other House some time to act on a plan of its own, or at least wait a short time and observe the indications there? The strength of Missouri was increasing in this House at least, and it was prudent to rest awhile, and discover what course the other House was likely to take. · The proposition could sustain no injury by the Mr. BARBOUR, of Virginia, said he would vote delay; it was before the Senate, in fact, though against the postponement, because it was an unu-not in form, for it had been printed and was on sual course, and he was inclined to advance, under the hope that this resolution would receive the sanction of the Senate and of the House of Representatives, and put an end to this painful con- Mr. WALKER, of Alabama, concurred in the test. This proposition would either obtain with opinions of the gentleman from Delaware. The the other House, or it would not, and though there Senate had evinced, at all times, a disposition to might be something in its passage now, like a admit Missouri. It had at an early period of the surrender of etiquette on the part of the Senate, session, passed a resolution declaring her admisyet he would not consider a little matter of form sion, and sent it to the other House, where it was as more important than the adjustment of this all finally rejected. The Senate knew that many important question. If it should finally fail, a propositions had been before that House on this great responsibility would rest somewhere. Gen-subject; none of them had succeeded, and there tlemen might smile, he said, but they who treated the subject lightly were far removed from the scene of real excitement. Could they witness the 16th CoN. 2d SESS.-12

the table of each member. All he asked was, that the Senate would hold its hand until Monday next, before it entertained the proposition.

was, consequently, no evidence of a disposition there to admit the State. Nothing would be gained by this resolution but affording to the House of

SENATE.

Proceedings.

Representatives another opportunity of having the subject before them at large; for this identical proposition, with the exception of perhaps a single word, had already been considered in that House, and been rejected by it. He was of opinion that it would be much better for the Senate now to wait until the other House took some step of its own in the business, as it had rejected the resolution sent down by the Senate. He could perceive no probable good likely to result from the Senate's again acting on the subject; its disposition was undoubted; it had done its duty; and he was for giving the House an opportunity of adopting its own plan if it had any.

Mr. CHANDLER, of Maine, conceived that the Senate had done every thing, so far, that was proper on the subject. If it entertained this proposition, it might prevent the other House from proceeding in its endeavors to agree on some plan of its own; and he was in favor, therefore, of deferring any other step on the part of the Senate for some time at least.

The question being then taken on postponing the motion for leave, it was decided in the negative-18 rising in favor of the postponement, and 20 against it.

The question then being on granting the leave, Mr. SMITH, of South Carolina, made a point of order. The 13th of the joint rules of the two Houses inhibited the re-introduction, in either House, without a notice of ten days, of any bill or resolution which should have been passed by one House and sent to the other, and there rejected. Mr. S. conceived that this rule would oppose the introduction of this resolution at this time, ten days' notice not having been given by the mover; and Mr. S. was proceeding to support his objection with some arguments; when

The PRESIDENT Overruled the objection taken, referring to the practice of the Senate in former

cases.

The question being then put on granting the leave, it was carried without a division, and the resolution received its first reading.

A message having been received from the House of Representatives, announcing the death of the Hon. Wм. A. BURWELL, a member of that House from the State of Virginia—

On motion of Mr. PLEASANTS, it was Resolved, unanimously, That the members of the Senate will attend the funeral of the Hon. Wm. A. Burwell, late a member of the House of Representatives from the State of Virginia, to-morrow, at ten o'clock, A. M.; and, as a testimony of respect for the memory of the deceased, will go into mourning, and wear crape for thirty days.

The Senate adjourned to Monday.

MONDAY, February 19

The PRESIDENT communicated a report of the Secretary of the Treasury, complying with the resolution of the Senate of the 2d instant, relative to the liquidation and settlement of the claims of John H. Piatt at the Treasury; and the report was read.

FEBRUARY, 1821.

Mr. SANFORD presented the memorial of Jacob Barker, of New York, representing that the report of the Committee of Claims made on his former memorial is erroneous; exhibiting additional evidence in support of the claim, and praying a revision thereof; and the memorial was read, and referred to the Committee of Claims.

Mr. THOMAS presented the memorial of John Caldwell and others, purchasers of certain lots in Shawneetown, which they presented to the county of Gallatin, for the purpose of erecting a courthouse and jail, praying that the balance of the purchase money due may be remitted; and the memorial was read, and referred to the Committee on Public Lands.

Mr. ROBERTS presented the petition of Daniel Carroll, of Duddington, and others, proprietors of the House occupied by the Senate and House of Representatives during the fourteenth and fifteenth Congresses, praying that the damages which the House sustained during the said occupancy may be repaired; and the petition was read, and referred to the Committee on Public Buildings.

Mr. LowRIE presented the petition of Henry S. Tanner, praying the aid of the Government to enable him to publish an atlas, to embrace the whole territory of the United States, with its relative importance with respect to other portions of the world; and the petition was read and laid on the table.

Mr. KING, of New York, presented the memorial of Gurdon Buck, and others, citizens of the United States, praying that additional lights may be authorized for greater safety in navigating the "Sound," between the continent and Long Island; and the memorial was read, and referred to the Committee on Commerce and Manufactures.

Mr. SANFORD presented the petition of Samuel S. Baldwin and others, of New York, praying the establishment of certain post routes; and the petition was read, and referred to the Committee on the Post Office and Post Roads.

Mr. THOMAS, from the Committee on Public Lands, to whom was referred the resolution of the 19th of January, instructing said committee to inquire into the expediency of authorizing Jared E. Groce to enter a fraction of land, made a report accompanied by a resolution that the Committee on Public Lands be discharged from the further consideration of this subject.

Mr. EATON, from the same committee, to whom was referred the petition of Kon-na-noo-lus-kee, or Chalenge, of the Cherokee tribe of Indians, made a report accompanied by a bill for the relief of Kon-na-noo-lus-kee or Chalenge, one of the tribe of the Cherokee Indians; and the report and bill were read, and the bill passed to a second reading.

Mr. DICKERSON, from the Committee on Commerce and Manufactures, to whom was referred the petition of Thomas Dobson and Son, made a report accompanied by a resolution that the petitioners have leave to withdraw their petition.

Mr. KING, of New York, from the Committee on Roads and Canals, reported a bill supplemental to the act of last session, authorizing the appoint

FEBRUARY, 1821.

Bank of the United States.

SENATE.

ment of commissioners to lay out a road from count and Deposite, made payable on demand, shall Wheeling to the Mississippi; and the bill was be receivable at the bank or any of its offices: And read. [This bill provides that the said road shall provided further, That it shall not be lawful for the be so laid out as to pass through Columbus, Indian-directors of the said bank to establish more than one opolis, and Vandalia, (the seats of government of Office of Discount and Deposite in any State, without Ohio, Indiana, and Illinois,) and making an ad- the consent of the Legislature thereof, first had and ditional appropriation of ten thousand dollars for that object.]

obtained.

SEC. 4. And be it further enacted, That so much of the second and fourteenth fundamental articles of Mr. JOHNSON, of Louisiana, from the select committee to whom the subject was referred, reported enth section of the act incorporating the subscribers the constitution of said bank, contained in the eleva bill supplementary to the several acts for adjust-thereto, as provides that no director of the said bank, ing the claims to land, and establishing land offices in the districts east of the island of New Orleans; and the bill was read, and passed to a second reading.

The resolution declaring the admission of the State of Missouri into the Union was read the second time.

COMPENSATION TO MEMBERS.

The report of the committee, adverse to the reduction of the compensation of members of Congress, with the amendment, going to alter the tenor of that report, was next on the orders of the day.

Mr. BARBOUR moved to lay the resolution on the table.

Mr. ROBERTS, considering this motion as proposing a final disposition of the subject for the present session, required the yeas and nays on the question; and the yeas and nays on the question were taken accordingly, as follows:

YEAS-Messrs. Barbour, Eaton, Elliott, Gaillard, Holmes of Maine, Hunter, Johnson of Louisiana, King of New York, Lanman, Mills, Otis, Pleasants, Sanford, Stokes, Walker of Georgia, and Williams of

Tennessee-17.

or any of its Offices of Discount and Deposite, shall hold his office more than three years out of four in succession, be, and the same is hereby repealed.

SEC. 5. And be it further enacted, That the directors of the said corporation shall cause a list of the stockholders of the said bank, together with their places of residence, to be kept in the banking house at Philadelphia, open to the inspection of any and every stockholder of said bank who may apply for the same within the hours of business, for at least ninety days previously to every annual election of directors, and no person who may be entitled to vote at any election for directors of said bank, as attorney, proxy, or agent, for any other person, copartnership, or body politic, shall, as such, give a greater number than

votes, under any pretence whatsoever, and no letter of proxy shall be of any force or effect longer

than

years, or until it shall have been revoked. SEC. 6. And be it further enacted, That whenever the said corporation assent to the provisions of this act, and certify such assent to the Secretary of the Treasury Department by writing, duly authenticated, this act shall be of full force and effect, and not otherwise.

The question being taken on the first section of this amendment, it was rejected by the following

vote:

YEAS-Messrs. Dana, Dickerson, Edwards, Elliott, Roberts, Taylor, and Williams of Mississippi-7. NAYS-Messrs. Barbour, Brown, Chandler, Eaton,

NAYS-Messrs. Dana, Dickerson, Holmes of Mississippi, Knight, Lowrie, Macon, Morril, Noble, Palmer, Roberts, Ruggles, Smith, Southard, Talbot, Taylor, Thomas, Trimble, Walker of Alabama, and Wil-Gaillard, Holmes of Maine, Holmes of Mississippi, liams of Mississippi-19.

So the Senate refused to lay the report on the table, and proceeded to consider it.

Subsequently, on motion of Mr. BARBOUR, Supported by an argument on the merits of the proposition, the report was postponed to Thursday next.

BANK OF THE UNITED STATES. The Senate resumed the consideration of the bill to amend the charter of the Bank of the United States, the question still being on the following amendment, proposed by Mr. ROBERTS:

Horsey, Hunter, Johnson of Louisiana, King of New York, Lanman, Lowrie, Macon, Mills, Noble, Otis, Palmer, Pleasants, Ruggles, Sanford, Smith, Southard, Stokes, Talbot, Tichenor, Trimble, Walker of Alabama, Walker of Georgia, and Williams of Tennessee―30.

The remainder of the amendment was then also rejected.

On motion of Mr. LowRIE, the following provision, being the last in the bill, and among the penalties for defrauding the bank, was stricken

out, viz:

The bill was then ordered to be engrossed, as amended, and read a third time, by the following vote:

SEC. 3. And be it further enacted, That the bills "And by standing in a pillory not more than three or notes of the Offices of Discount and Deposite of times, in open day, in some public place, during one the said bank, excepting those of the office in the Dis-hour at a time, which standing in a pillory, when intrict of Columbia, originally made payable, or which flicted more than once, shall be on different days." shall have become payable on demand, shall be receivable in all payments to the United States, only in the States and Territories in which they are made payable, and in the States and Territories in which no Office of Discount and Deposite shall be established, any thing in the fourteenth section of the act incorporating the subscribers to the Bank of the United States, to the contrary notwithstanding: Provided, That all notes of the denomination of five dollars, issued either by the bank or any of its Offices of Dis

YEAS-Messrs. Barbour, Dana, Dickerson, Eaton, Edwards, Elliott, Gaillard, Holmes of Maine, Holmes of Mississippi, Hunter, Johnson of Kentucky, Johnson of Louisiana, King of New York, Mills, Morril, Otis, Parrot, Pleasants, Roberts, Sanford, Southard, Stokes, Tichenor, Walker of Alabama, Walker of Georgia, and Williams of Mississippi-26.

The Bankrupt Bill-Admission of Missouri.

FEBRUARY, 1821.

Admission of Missouri.

SENATE.

Mr. ROBERTS, from the Committee of Claims, to whom was referred the memorial of Bartholomew Shaumburg, made a report accompanied by a resolution, that the prayer of the petitioner ought not to be granted.

with the original States in all respects whatever: Provided, That the following be taken as fundamental conditions and terms upon which the said State is admitted into the Union, namely: that the fourth clause of the twenty-sixth section of the third article of the constitution, submitted by the people of Missouri to The Senate proceeded to consider the motion the consideration of Congress, shall, as soon as the of yesterday, to appoint a joint committee to wait provisions of the said constitution will admit, be so modified that it shall not be applicable to any descrip-him of his re-election, and agreed thereto; and on the President of the United States, and to notify tion of persons who may now be or hereafter shall be-Messrs. BARBOUR and KING, of New York, were come citizens of any State in this Union; and that, until so modified, no law passed in conformity thereto appointed the committee on the part of the Senate. shall be construed to exclude any citizen of either The Senate proceeded to consider the motion of State in this Union from the enjoyment of any of the yesterday, requesting the President of the United privileges and immunities to which such citizen is en- States to notify the Vice President of his re-electitled under the Constitution of the United States. tion; and agreed thereto.

After some debate, this resolution was, on the motion of Mr. EATON, seconded by Mr. VAN DYKE and Mr. SOUTHARD, postponed to and made the order of the day for to-morrow. Mr. TALBOT and Mr. JOHNSON, of Kentucky, at first opposed the postponement, but, when time was asked by members in order to examine more fully the resolution, they ceased their opposition.

WEDNESDAY, February 21.

Mr. SMITH presented the petition of John B. Lemaitre, of South Carolina, merchant, praying the restitution of the amount of an export bond paid by him, for reasons stated in the petition; which was read, and referred to the Committee on Finance.

Mr. EDWARDS presented the petition of the inhabitants of, and settlers on, the military bounty lands in the State of Illinois, praying the establishment of post offices and post routes therein; and it was referred to the Committee on the Post Office and Post Roads.

The bill supplementary to the several acts for adjusting the claims to land and establishing land offices in the districts east of the island of New Orleans; the bill for the relief of David Cooper; and the bill concerning vessels employed in the fisheries; were severally read the second time. the officers employed in the collection of duties on The bill further to establish the compensation of imports and tonnage, and for other purposes, having been reported by the committee correctly engrossed, was read the third time, and passed."

Mr. TALBOT gave notice that to-morrow, he should ask leave to bring in a bill to extend the judicial authority of the United States over the State of Missouri.

MISSOURI.

The Senate resumed, as in Committee of the Whole, the consideration of the following resolution, offered by Mr. ROBERTS:

Resolved, by the Senate and House of Representatives of the United States of America in Congress assembled, That the State of Missouri shall be, and is On motion, by Mr. SANFORD, the Committee on hereby declared, one of the United States of America, Finance were discharged from the consideration and is admitted into the Union on an equal footing of the "report of the joint committee of the Gen-with the original States in all respects whatever: Proeral Assembly of Ohio, on the subject of the suit of the Bank of the United States against the offi

cers of the State."

Mr. DICKERSON, from the Committee on Commerce and Manufactures, to whom was referred the bill from the House of Representatives, entitled "An act to authorize the collectors of customs to pay debentures issued on the exportation of loaf sugar, and spirits distilled from molasses," reported it without amendment.

Mr. THOMAS, from the Committee on Public Lands, to whom was referred the petition of William Doak, made a report, accompanied by a bill giving the right of pre-emption to William Doak and Noble Osborne; and the report and bill were read, and the bill passed to a second reading.

Mr. THOMAS, from the same committee, to whom was referred the petition of John Caldwell and others, purchasers of lots in Shawneetown, made a report, accompanied by a bill to authorize the Commissioner of the General Land Office to remit the instalments due on certain lots in Shawneetown, in the State of Illinois; and the report and bill were read, and the bill passed to a second reading.

vided, That the following be taken as fundamental conditions and terms upon which the said State is admitted into the Union, namely: that the fourth clause of the twenty-sixth section of the third article of the constitution submitted by the people of Missouri to the consideration of Congress, shall, as soon as the provisions of said constitution will admit, be so modified, that it shall not be applicable to any description of persons who may now be, or hereafter shall become, citizens of any State in this Union; and that, until so modified, no law, passed in conformity thereto, shall be construed to exclude any citizens of either State in this Union from the enjoyment of any of the privileges and immunities to which such citizen is entitled under the Constitution of the United States.

Much debate took place on the merits of the resolution, as well as on the expediency of now acting on it, in the course of which Mr. BARBOUR moved to strike out the proviso, but subsequently withdrew the motion. The resolution was advocated by Mesrrs. ROBERTS, LOWRIE, and BARBOUR, and was opposed by Messrs. SMITH and VAN DYKE.

Mr. LowRIE, after observing that the resolution had been brought forward by those who had opposed the former resolution of the Senate, from a