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CONGRESS.
IN SENATE,
Thursday, June 25, IS 10.
The bill to establish a uniform system- of
bankruptcy throughout the United States hav
ing been read a third time and several amend-
merits, suggested by Mr- Wall, not intending
\v : lh the general principles of the bill, having
with the general principles
been adopted.
Mr. LUMPKIN said the tune had now pass
ed for a detailed investigation ot the merits of
this important measure ; he rose for no such
purpose; his object was to submit a lew gen
eral and brief remarks in justification ol the
vote which he intended to give.
Item. To me,sir, this is all idle, perfectly fal-
_ I lacious. My views of a sound and salutary
credit lead me to fear nothing, ask for nothing,
from the Government, in the way of credit.—
What has this Government to do with the
credit ol individuals ? The only true basis of
credit is industry, economy, punctuality, and
honesty. •
The man who earns and receives more than
he spends--who contracts no unreasonable
debts—who manages all his affairs with dis
cretion and prudence—is but rarely the sub
ject of Providential suffering and distress —
and when such cases do occur, the moral
sense of the copimunity will protect such an
one from the avaricious oppression of an un-
fcelin" creditor. Sir, l have always had more
p; « mvi» •••—— r tii i lccun** creuiiur. uih *■ uuiv~
Mr. L. said he had been true to the pledge , crcc j it r \j lnn m0 »cy. 1 have never had one mo-
which he hud given to the Senate, at an car-, me(U , s distress for fear my credit would fail.—
lier stage of the discussion on this subject. | T|je credit of individuals and Governments
lie had not suffered lnmself to make up a fle-1 ^ b(J snstailied by the true dignity of
finitive opinion, until full time and opportuni
ty had been afforded the leading friends of this
measure to amend, modily and mould its pio-
vtsions, to suit their views of the interest of
those intended to be benefitted, including both
debtor and creditor, lint, sir, the time has
now arrived when the final action of the Sen
ate is called for upon the final passage of the
bill: and, for one, l am ready for that decision.
After the most patient investigation and ma
ture consideration of the whole subject, aided
as I have been in the formation of my conclu
sions, by the ability and intelligence of this en
lightened Senate, 1 no longer hesitate. 1 am
Toady to give my vote against the passage ol
the bill. This, sir, is a measure of impor
tance, on account of the principles involved,
as well as the great individual interests now
It is a measure upon
living within the means at command. It is
not in the power of individuals, or Govern
ment, to sustain credit by laws ot bankruptcy,
or bv substituting any kind of fiction for real
ity. ' Honesty, sir, is not only the best policy,
but it is a moral duty. We should advise the
people to work more and spend less; to pay
their old debts, and be cautious how they con
tract new ones. The course suggested will
banish distress, and bring prosperity to our
beloved country, without the aid ol bankrupt
laws.
IN SENATE,
Thursday, July 9, 1840.
LAWS OF THE UNITED STATES.
The Senate, on motion of Mr. WALL, pro
coeded to the consideration of the bili to publish
a stereotype edition ot all the laws and treaties
which'Coimess shmAd not iegniale, 50 lone | of (lie Unilcd Stales, the Declaration of Inde
nt. » strong doubt of the propriety of the legis- end'dhee!
lation proposed rests on the mind oi the legis
lator. That nine and sensible statesman, Na-
plaiued of. Sfr, my object is to check all the
extravagances complained of.
For myself, sir, l am heartily tired ot the
extravagance of Congress, in both talking ana
printing. As to the. books printed for the use
of Congress,! consider most of them useless
lumber. They may serve to set off libraries,
but very few of them will ever be read. 1 can
buy more valuable books for one hundred
dollars, than the intrinsic value of five hun
dred dollars 7 cosrof books printed under the
authority of Congress.
Mr. WALL said he did not expect this to
be made a test question, 'l'lte committee, in
adopting this part of the bill, haft adhered to
former Usage, leaving it to Ike Senate «o
amend as they might think proper. Hut JHr
W. would vote against striking exit tins clause,
and he should then move and vote to strike
out the whole section.
Mr. DAVIS said it was not t test question,
and he might, perhaps vote for the amend
ment, and then vote against tire whole bill.
Mr. CLAY of Kent ucky stud he should vote
for the amendment and agairst the bill.
The amendment of Mr. Lvmpkin, striking
out the distribution to members of Congress,
was agreed to—yeas 31, nays 0, as follows .
YEAS—Messrs. Allen, Anderson, Benton,
Buchanan, Calhoun, Clay of Alabama, Clay
of Kentucky, Clayton, Crittenden, Davis
Dixon. Fulton, Grundy, Hubbard,Huntington
Kiti". Knight, Linn, Lumpkin, Monton, Ntch
olas: Phelps, Pierce, Porter, Smith ol Connec
ticut, Sturgeon, Tappan, Walker, Wiliams
and Young—31. . lvr
NAYS—Messrs. Cuthbert, Merrick, Nor-
vcll. Smith of Indiana, Wall, and W liite—G.
On motion of Mr. WALL, the whole sec
tion relating to the distribution oi the work
was now stricken out without dissent
ir seemed to have but limited influence] people in a form which may enable them to law and regulations of the service, the Depart-
he Senate. To-day. sir, 1 have the high (judge of the actings and doings of their repre- ment deems it proper to call your particular
ratification to hear almost every honorable sentatives. 1 consider this, sir, a proud day j attention to tins subject, and to direct.that you
time, sir.
upon the
Senator who has spoken upon the subject,
frankly admit the abuses which have crept into
Congress, and express a willingness to enter
earnestly upon the work of reform, by appro
priate legislation. I heard the Senator lrom
Kentucky, [Mr. Clay,] with great satisfaction
and ccneral approbation. That Senator has
advocated the bill from the House of Represen
tatives with a clearness and perspicuity which
cannot be surpassed. His remarks, accompa
nied by the facts which he has submitted, at-
ford uicontestible evidence of the inequality
and injustice of the present practice of settling
the mileage of members of Congress, and satis
fies my mind, that the mode proposed in this
bill is the nearest approach to justice vyhtch
lias yet been presented to the consideration ol
Congress, and 1 am therefore prepared to give
the bill my hearty support. But for the able
manner in which this bill has been supported
by the Senator from Kentucky, [Mr. Clay,] 1
should have felt it my duty to have made some
remarks in detail in its support, but 1 now feel
relieved from that necessity.
Mr. President. 1 trust the passage of this bill
for the country, whatever may be the success
of the measure now under consideration. r l ho
proceedings of this day, in the Senate, estab
lishes the fact, that the spirit of reform has
iound its way into this hall; and, sir, it will
not slumber or sleep until its proper work shall
have been accomplished.
POLITICAL.
lator. That pure
thanicl Macon, advised me twenty-five years
n"o never to vote for an important measure,
so long as 1 entertained doubts of the expedi
ency’, and especially of the constitutionality of
the measure proposed. The advice was good,
sir, and deserves the consideration of every
statesman. We all admit tlie constitutional
authority of Congress to pass uniform laws on
the subject of bankruptcies. But, sir, 1 doubt
U16 CUIldUimiviiutuj .»--- * Ta imr minrl
its operation will not be uniform. It will be
partial and unjust in many respects to both
debtor and creditor. Should this bill become
the law of the land, 1 now venture the opinion
that it will become an odious and oflensive
law to the larger portion of the people of this
country. Its injustice and partial effects will
be more fully developed by its operation than
can be done by any argument on the floor of
the Senate at tlus time. Equal laws, and
equal political rights, are the letter and spirit
of our institutions. 1 dislike all legislation de
signed for the exclusive benefit of the few.—
Moreover, sir, this bill, to my’ mind, interferes
too much with individual contracts and obli
gations. I can find no power in the Constitu
tion which authorizes Congress to impair the
obligation of individual contracts. A proper
sense of moral duty compels every’ man to con
sider his vows and obligations sacred. An
honest debtor, if legally absolved from the em
barrassment of all his debts, would neverthe
less feel himself bound, if the smiles of fortune
« lip and discharge all his old contracts.
Mr. President, l protest, sir, against being
numbered amongst those who have no sym
pathy for honest debtors, for suffering linman-
I am not only in
lion, &c. under the superintendence and direc
tion of the Attorney General.
Mr. LUMPKIN moved to strike out the
words in the bill which provides for giving
one copy’ of said laws to each Senator and
Representative and Delegate in Congress.—
lie said he was opposed, utterly opposed, to the
whole practice and system which had of late
years increased to an alarming extent, of Con
gress voting books to themselves. Mr. L said,
for himself, he never had, or would, vote for
thp nrintinc of a book for himself, as a mem
ber of Congress. He would miy micu
as he desired for himself, or do without them,
lie was not prepared to say’ that the proposed
edition of the laws was not necessary and pro
per; but he protested against a gratuitous dis
tribution amongst members of Congress. If
it be piopcr, said Mr. L. to give to the present
members of Congress a new and complete edi
tion of the laws of the United States, it would
be equally proper and just to provide for a copy
to be (riven to every gentleman who ever has
or may be a member of either branch of Con
gress.’ But,said Mr. L. 1 will not enlarge up
on the arguments which might be offered in
support of the proposition which I have sub
mitted, unless it shall become necessary from
the remarks of Senators who differ with me
in opinion on this subject: but will content
myself by asking the years and nays on the
question which l have submitted.
Mr. SMITH of Indiana said he would say
a few words before the question was taken.—
He was wlioly indifferent whether the motion
c 11 * nr imt 1J* was nuite
as willing to purchase Ins own books as any
other Senator, but he considered this a small
business. He had heard much and seen much
on this question ; he had seen the Senate re
fuse to distribute books useful to members in
the discharge of their official duties here, after
The first special order being the joint reso , _ , , , r „
lotion introduced by Mr. Tavpax, so to amend Hie business ot legislation been retarded for the
will be but the first step in correcting abuses
connected with the expenses of Congress.
From the spirit manifested by Senators in their
remarks this morning, 1 indulge the hope that
various other abuses'will be speedily reformed
by legislation. The use and abuse of station
ary, as well as the franking privilege, calls
aloud for reform.
And what is still of much greater import
ance than any which has yet been adverted to,
is the want of a faithful and punctual attend
ance of the members of Congress to their legis
lative duties. What nave we seen during the
present session of Congress? How often has
ity, wherever it may exist,
fa’voi of abolition from imprisonment, and all
other shackles for debt, but my feelings incline they had been paid for, and those books are
me to admire the policy of ancient times, when ! now useless: and yet he had seen large boxes
- at regular periods the whole people could look ] of public documents, bound at the expense of
fonvarpl to the coming year of jubilee, when Government, directed by Senators to their
.vTi-rlSSBta'-iiL-r..n r— —i . homes. He considered these documents, as
there would.-be a full,'free, and entire release
from all indebtedness and harassing obligations
and demands,
But, sir, when debts are contracted with a
view to existing laws and regulations in soci
ety, the case is altered. The indebtedness of
the people of this country lias teen incurred
under a Government which holds out no hope
none the joint resolution on the Constitution,
ana max ' _ _ _ -
M . .. J
lie did ihc franking privilege of members, ben
eficial to the people, as they had the use of the
documents as well as the information of the
member, at his residence, in the one case, and
the benefit of sending their communications to
and receiving public documents from their
members, in the other case, free of postage.—
of a year of general release. Hence the great j lie considered both as the privilege of the peo-
delicacy of the subject, when we attempt by | pic, and used for their benefit, as well as to
legislation to interfere with debtor and credit- enable tha member the better to discharge his
It is not only a delicate subject in itself; duty to his constituents. He did not complain
but under our system the division of power efthis; but he bad said lie considered this
between the States and Federal Government, j small business. The provision moved to be
in relation to the proper legislation which is stricken out is contained in every act that had
necessary to guard the interest of both debtor j passed, as lie understood,
and creditor, is such ns to require from legisln- j Mr. LUMPKIN said he felt himself called
tors great circumspection and care. 1 upon to make a few words of reply to the Sen-
Sir, the more I have reflected on this sub
ject, in connection with my attention io the
able and extended discussion in this chamber,
the more I incline to the opinion, that the
States are best qualified to provide for the evils
which this bill is intended to remedy. The
States unquestionably, by their insolvent laws,
and other appropriate legislation, have the
power to guard the honest but unfortunate
debtor, from the unfeeling tyranny and oppres
sion of the assuming creditor; and in most of
the States it has already been done.
This bill, it it becomes the law of the land,
will doubtless afford great relief to a compara
tively very few individuals. But 1 do verily
believe the great majority of both debtors and
creditors will be injured by the passage .of this
bill.
I believe the great majority of both debtors
and creditors, under the existing laws of the
several States, are in a much better condition
than they will be if you pass this bill. The
benefits of this measure will extend to but few.
A few unfortunate and imprudeut merchants,
speculators, and traders, will derive benefits
from this measure, especially such as do busi
ness on a large scale. But, sir, a large major
ity of tho poor suffering debtors of onr land
will never think of relief from your bankiupt
law, and if they do. it will only aggravate their
suffering, for they will never derive any bene
fit from its provisions. Sir, I consider this a
measure better calculated to benefit lawyers,
than either debtors or creditors. Yes, sir, this
bill will push many a rich fee into the pockets
«»f legal gentlemen. Sir, there is scarcely any
one out of the seventeen sections of the bill,
that will not require a lawyer to explain its
provisions. Indeed, sir, scarcely any two ju
rists in this Senate have been able to agree up
on the construction of any section of the bill.
The discussion here has awakened me to the
endless litigation this measure will create.—
The estate of every rich bankrupt throughout
*oc land will afford a feast of fat things to the
lawyers. To that class of the community this
measure holds out the prospect of a rich har
vest, ‘
Mr. President, the system and subject of
credit has of late become an interesting theme
' ith politicians. I have often, sir, heard the
••resent Administration of the Federal Govern
ment denounced for destroying the credit sys-
ator from Indiana, [Mr. Smith.] That Sena
tor was so elevated in his views and feelings,
that his principal objection to striking out this
book provision for members of Congress,
seemed to consist in its being a small, a trivial
matter—-amatter not worth the special attention
ofan honorable Senator of Congress. Sir, that
gentleman and myself differ widely in feelings
and opinion upon this subject. The more
elevated the station, the bmader the trust; in
due proportion do I feel myself bound to attend
to what are called small matters. Yes, sir,
human life, even in those who are most distin
guished and elevated, is made up chiefly of
small things. It is not the lot of human life,
in any condition, to find a perfect or useful
character, made up exclusively of great ac
tions.
Mr. President, lie who desires to discharge
his duty as a Senator on this floor, should be
careful how he views with censure the consid
eration of matters which are. in this hall, con
sidered ofsmail importance. Our daily duty
requires of us vigilance and attention to small
tilings. I do not, however, sir, consider this
appropriation of thousands of dollars to print
and purchase books for members of Congress, a
very small matter. 1 consider it au abuse of
privilege on the part of members of Congress,
which, if not checked, and put down, will he
productive of evils of the greatest magnitude.
The Senator from Indiana [Mr. Smith]
seems to rely for justification iu voting these
books to members of Congress, upon the fact,
that under the authority of Congress, members
are already burdened with a most enormous
amount of printing in the form of documents,
which are bound up in the from of books. He
has adverted to various items of extravagance
in printing, and privileges of franking, and
other contingencies, which have of lute years
become the ordinary expenses of Congress.—
Mr. President, the picture drawn by the Sena
tor, of these extravagant and useless expendi
tures, is not too strong; but I must admit my
surprise at the use which the Senator upoij
this occasion seems disposed to make of the
facts which he has presented. The Senator’s
conclusion seems to be this; because Congress
have become extravagant in printing and other
contingent expenses, therefore we are not to
resist any proposition which may be made to
enlarge and increase the extravagance com-
thc Constitution of the United Slates as to lim
it the tenure of office of the judges ot all the
course of the United States, was taken up.
Mr. CLAY of Kentucky moved to lay this
resolution on the table, with a view to take
up the bill from the House to regulate and
equalize the mileage of members of Congress.
Mr. WALKER called for the yeas and
nays, which were ordered, and the motion
of Mr. Clay was negatived—yeas 21, nays 22,
— ‘allows :
YEAS—fliessns. uuniuim, > of Ken
tucky, Clayton, Crittenden, Cnthbnrt, Davis,
Dixon, Henderson, Huntington, Knight, Mer
rick, Nicholas, Phelps, Porter, Preston, ltoane,
Hu gules, Smith of Indiana, Tallmadge, Wall
and White—21.
NAYS —Messrs. Allen, Anderson, Benton,
Buchanan, Clay of Alabama, Fulton, Grundy,
Hubbard, King, Linn, Lumpkin, Mouton,
Norvcll,‘ Pierce, Smith of Conn, Strange,
Sturgeon,Tappan, Walker, Williams, Wright,
and Young—22.
Mr. CLAY of Kentucky, said this day had
been expressly assigned for the consideration
of the mileage bill, and, under the circumstan
ces, he deemed it improper that any other
should take precedence ot it. It had been
brought to this House three or four weeks ago.
and had not been reported on by the commit
tee till within three or four days ; and there
had never been a formal call of the committee
lo act upon it. He moved, therefore, to post-
ioii
e n
next.
The motion was debated at considerable
length, in which the merits of the two antago
nistical questions were to some extent discus
sed bv Messrs. CLAY of Alabama, W ALKER,
TAPPAN, CALHOUN, and ALLEN.
Mr. LUMPKIN said: Mr. President, having
just voted against layingjthe resolutions of the
Senator from Ohio on the table, and intending
now to vote in favor of the postponement of
their consideration till Monday next, 1 consid
er a word of explanation due to myself and
the Senate. My vote against laying on the
table, was given under the impression, that
such a disposition of the subject might be con
strued into a disapprobation of the proposed
amendment of the Constitution, when, sir, 1
feel no such disapprobation. I have long believ
ed, that no man living is entitled to a life es
tate iu any office whatever, under the true spirit
ofour institutions. But, sir, the importance of
the subject well entitles it to the grave and dc
liberate consideration of the Senate. We
should never act precipitately when consider
ing a subject involving an important alteration
in our fundamental law, the Constitution of
our country’, bequeathed to us by the fathers
of our glorious Revolution. I consider the
proposition to postpone for a few days only’, as
varying the question. It gives time for fur
ther deliberation, without the slightest indica
tion of opposition to the proposed amendment
Moreover, sir, I am as anxious as the Sena
tor from Kentucky [Mr. Clay] to have the
direct aud speedy actiou of the Senate upon
the subject of fixing the mileage of the mem
bers of Congress. The House of Representa
tives have sent us a bill upon the subject, and
it is onr duty to pass upon the merits of that
bill. I am fully prepared to say, the existing
law, or the practice which obtains under its pro
visions, demands speedy and decisive correc
tion. The law upon this subject should have
a uniform and well defined construction.—
Every member of Congress should be placed
upon the same fooling, and the custom should
no longer be countenanced of members from
the same neighborhood receiving mileage com
pensation, greatly varying in amount, which
I understand is the case at preset.t. Under
these considerations, I shall vote for the post
ponemeut of the resolutions until Monday next
when 1 hope they may be taken up and fur
ther discussed.
Mr. Gi.ays motion was carried iu the af
firmative—yeas 21, nays 19.
want of a quorum, in one branch of Congress
at least ? How many members of Congress,
during the present session, have been absent
from ’their seats for days, weeks, and months
together, engaged iu pursuits of business, pleas
ure, or pastime? Is it not the common cus
tom of these absentees to receive full compen
sation for the whole session, whether present
or absent? Is this just—is it right ? Who
pays the laborer wages for days, weeks and
months, when he is absent from his work ?
3 'his Is not the custom of our country in tho or
inary business of life. Men arc paid in pro
portion to their labor and attention to business
md why should members of Congress be an
exception ? 1 will forbear making further re
marks at present, and give my vote in favor of
the bill from the House.
The question was then taken on the iudefi
nitc postponement of the bill, aud was nega
tived.
Several amendments were, then proposed
and much discussion had upon them. Some
of them having been agreed to and others re
jected, the bill ns amended, was reported to the
Senate, and the question coming up on its en
rossment—
Mr. Lumpkin said : Mr. President, with a'
my earnest desire for the reform of abuses
which have crept into Congress, and the grati
fication which I felt and expressed this for
noon, to see that spirit of reform gaining ground
and respect in this Senate, yet, sir, 1 admit 1
was not prepared to expect, or look lor, that ra-
r ;j --i — -an, ntltinli T Ifiro in tho
course of a few hours. I desire to see reform,
to the full extent of all the propositions which
have been submitted as amendments to this bill.
Reform is demanded, in regard to stationary ;
the franking privilege ; punctual attendance
of members of Congress, as well as the present
practice of charging for mileage. But, sir,
while I vote itt favor of the various propositions
submitted to correct the abuses complained of.
which have been proposed ns amendments to
the mileage bill, 1 must he allowed to express
my apprehension, that these amendments are
calculated, if not intended, to defeat the mile
age bill.
' I would have preferred, sir, that the Senate
should have passed the bill sent to us by the
House, without amendment or change, and let
it become the law of the land. This would
have been correcting one admitted abuse at
least. In voting for the various proposed
enforce the said law and regulations in regard
to the infliction of punishment, as prescribed
by section 1st, article 30th, of the act for the
better government of the Navy of the United
States, (Book of Laws, page 101,) and in the
rules, regulations, and instructions for the na
val service of the United States, pages GO and 61.
I am, sir, very respectfully,
J. K. PAULDING.
Lt. Ciias. Wi lkkk, jr. commanding United
States Exploring Expedition, Valparaiso.
It was also from the deep and abiding inte
rest felt by the President in the rights and
well being of our glorious volunteer seamen,
that he was induced to give his direct sanc
tion to another general order, regulating the
punishments throughout ihe entire navy, a*
far as the law will permit, and placing every
obstacle in his power in the way of the abuse
of that law:
N AVA1, GENERAL ORDER.
The President of the United States believing
that greater formality in the infliction of such
corporal punishments as arc authorized by law,
may be adopted in the navy with beneficial
consequences, directs, that no such punishment
shall be inflicted on any person in the service
without sentence of a court martial, when that
is required by law, or the written order of the
Captain or commanding officer of the vessel,
or commandant of the navy yard to which lie
From the Globe.
Case ofi Lieutenant Blooe.
Mr. Botts having thought proper to pursue
„ course in relation to the question involved iu
the trial of this officer, directly opposed to that
which a man of sense, actuated by a sincere de
sire to remedy a supposed grievance, would
have chosen, we now, in pursuance of the in
timation in the Globe of yesterday, proceed to
state the case of Lieutenant Hoot-:, as briefly as
possible.
Lieutenant Hoot: was tried on three charges,
to wit: “Treating with contempt his superior
officer in the execution of his duty;” “ utter
ing mutinous and seditious words;” and for
“disobedience ofordera”—which last involved
the additional charge of cruelty:
First. Iu directing John Dunn is, seaman
on board the Vaiulalia.to be flogged with eigh
teen lashes, contrary to the internal regulations
of the ship, and in direct violation of tho third
tide of the act for the better government of j attached, where the authority to cause it to
. be inflicted. rests in the discretion ol the coin-
the navy.
Inflicting on Calvin Morgan,
Secondly.
boy between twelve and thirteen years ol age,
in a cruel aud scandalous manner, on Ins bare
kin, between fifty and sixty lashes with font-
arts of a three yarn nettle; aud at another
ime,eighty seven or more lashes, in like man
ner.
Thirdly. Flogging Daniel 1Y.vrr.us, the
Commander’s cook.
Fourthly. Directing William O’Brien,
marine, to receive twelve lashes.
All these, contrary to the internal regulations
of the siiip, and all, with the exception of the
utter, in direct violation ol the third article ol
the act for the better government of the navy.
On these charges, Lieutenant Iloou was fully
convicted, with the qualification that the beat
ing of Calvin Morgan was not “in a cruel
ail’ll, scandalous manner,” and for these and
other offences fully proved by testimony to
which be offered no objection, and by bis own
confession, lie was sentenced to be dismissed
the West India squadron,and to be reprimand-
id by the Secretary of the Navy.
In the course of the trial, Lieutenant Hour-:
objected to the examination of two free black
witnesses, regularly entered, and doing duty
on board the Vandalia, then lying at anchor in
Pensacola bay, which objection was overruled
by the court, a majority of which consisted of
Southernolficers. The Secretary ol the Navy,
on receiving the proceedings, referred the case
to the District Attorney, the Attorney General
being absent, who decided that all the specifi
cations on which Lieutenant Iloot-; had been
convicted, were fully proved without the tes
timony to which he objected, and that on a
great portion of these no testimony whatever
had been given by the objectionable witnesses.
The Secretary of the Navy accordingly con
firmed the decision of the court, and it was
cnrrtod into effect.
Subsequently Lieutenant IIooe memorializ
ed the President, on the ground that impro
per testimony had been received at his trial;
and the President, after reviewing the case,
decided not to reverse the decision, on the sole
ground that the case was fully made out, and
the proofs complete, without the objectionable
testimony The question ns to the legality of
the testimony of these witnesses, did not come
mnuding officer, specifying the offence or (if.
fences, ape the extent of the punishment to lie
inflicted : which order shall be read, and the
punishment inflicted in presence of the officers
and seamen belonging to the vessel or navy
yard.
All such orders for punishment shall lie en-
tered on the log book, and a quarterly return
made lo the Secretary of the Navy, stating the
names of the persons punished, their offences,
and the extent of the punishment inflicted, to
gether with suclt explanation or remarks as the
commanding officer may deem necessary to a
proper understanding of the case.
The President also directs that the law au
thorizing the enlistment of seamen and others
for the naval service, as it may be in operation
at the time of enlistment, shall be printed on
the I ack of the shipping articles, mid read to
each person desirous to cuter, previous to his
signing them, in order that lie may know pre
cisely the engagements and obligations lie is
about to contract.
Navy Department. May 29th, 1S-10.
To our minds, this is much better than emp
ty profession and hollow sympathy, such as
for the present suits the | arty in opposition to
assume for the purpose of deceiving the peo
ple. Deeds, not words, arc the test of sinceri
ty, nmlby the former let the President be
judged here and hereafter.
amendments which I have done, relating to
Friday, July 10, 1840.
MILEAGE OF MEMBERS OF CONGRESS.
The Senate resumed the consideration of the
bill from the House to establish a uniform rule
of computing the mileage of members of Con
gress. The question beingou Mr. Norvell’s
motion to postpone the bill indefinitely.
Mr. Clay of Kentucky, spoke at large in fa
vor of the bill.
Mr. Lumpkin said: Mr. President, it lias
rarely fallen to iny lot to attend to a discus
sion in this Senate, with more pleasure and in
terest, than 1 have done this morning. This
discussion has convinced me of thb power and
force of truth. Some months ago, in urging
upon this Senate the consideration of the value
of lime, aud the duty of shortening the sessions
of Congress, 1 took occasion to say, that after
all that had been said and written, in and out
of Congress, ou the subject of Government
abuses, the most alarming abuses of the Feder
al Government might be traced directly or in
directly to Congress. My remarks at that
stationary, franking, and attendance of mem
bers, I have done so from the conviction of the
correctness of those propositions in themselves
considered. Yet, sir, I am not Irtc from ap
prehension, that these amendments, ns well as
the original bill, may be defeated by their in
troduction here, when sent to the other branch
of Congress. Sir, I have deliberately consi
dered this subject in all its parts and bearings
I am convinced that abuses do exist in the
franking privilege, stationary, and want of
faithful attendance of members of Congress.
1 therefore vote for propositions calculated to
correct and reform abuses, although they are
not presented in the shape which 1 would de
sire. Sir, while I desire to see whatever er
rors may attach to Congress corrected, I would
feel much reluctance at seeing any thing done,
which might unjustly disparage the standing
of the American Congress. 1 would not like
to see Congress regulated by the old field, mus
ter roll, militia discipline. I do not admire the
mode now proposed to ensure the attendance
of members of Congress, or that which is in
tended to economize in regard to the stationary.
I vote for these propositions, as the only alter
natives within my present grasp.
I will, Mr. President, take a few minutes to
suggest the outline of my plan of reform, m
these several matters. In regard to mileage, 1
am in favor of the House hill as sent to us.
Upon the subject of the attendance of members
of Congress, 1 would only desire to make it the
lawful duty of each member of Congress, at or
near the close of each session, to file in the Se
cretary or Clerk’s office a certified statement of
the numberofdayshehadactuallyserved, and
been in attendance as a member, <fcc. I would
have this statement recorded in a book. In
regard to stationary, 1 would allow members
to draw stationary as they now do, mid make
it the duty of the Secretary and Clerk to clfarge
and record in a book every article furnished to
each member during each session.
These accounts and charges should be duly
examined by committees of the two Houses ap
pointed for that purpose. This, sir, would be
the extent of the correction 1 would desire at
this time, and 1 believe all that would even be
necessary. 1 have no idea that any laws, rules
or regulations of Congress, can exact duties
from members which they are indisposed to
perform.
The faithful discharge of our representative
duties is a question to be decided by our con
stituents. It belongs to them and not to us.
But I consider it an imperative duty which de
volves on Cougrcss. to see that its journals, re
cords, and proceedings, shall be given to the
From the Nashrillr Union.
Another Federal tfaucruvre effectually
Thwarted.
The repeated attempts that have been nude
through the Federal papers of Nashville mid
elsewhere, and as we understand by Gen. Har
rison himself iu a late speech at Colitmhu,
Ohio, to give forth the impression that Celt.
Jackson entertains favorable opinions of Gen.
Harrison’s qualifications for the Presidency,
and more especially of his military character,
have compelled the veteran hero of New Or
leans, in justice to himself, to his iongcherish
ed principles, and his country, to prevent the
injurious tendencies of any such erroni'cis
impressions, by giving the country the loticr
which wc this day publish.
The Federalists have misrepresented him
upon thissnhject—they have attempted to place
ubject
Congress in a series of resolutions, not of in
quiry, but condemnation, and with the object,
which has been fully attained, ofdisseminnting
them through the Southern States for political
purposes, either before they were presented, or
after they had been rejected by the House.
Having previously remarked on the course
he has pursued, iu terms which every candid
and honorable man will acknowledge to be
just, we shall leave him to the judgment oftlm
intelligent people ofan illustrious Common
wealth, and the constituents he represents.—
We will only ask any humane and high-mind
ed citizen of the South,Whether the Presi
dent would not have been amply justified in
dismissing Lieutenant Hooe from service for
the illegal and unwarrantable inflictions of
punishment on a class of men to whom the
country is so dieply indebted for those honors
she enjoys iu the estimation of the world, and
to whom she looks for future accessions—for
abusing an usurped authority to the purposes
of cruelty and oppression, and bringing upon
the high and honorable and humane olficers of
the American navy, the imputation, of nil oth
ers, most abhorrent to the genius of our coun
try, and the spirit of its institutions. Docs
there exist a Virginian—with the exception of
Mr. Butts—who would have objected to such
a just exercise of authority, or who would not,
if the case had been fairly presented, have cried
out against the President, had he. by a re
versal of the decision of the court martial, pros
tituted his prerogative to die purpose of giving
impunity to petty oppression, under pretence
of repudiating testimony which both the Dis
trict Attorney .and the Attorney General had
decided to be immaterial—nay, more,absolute
ly out of the issue which he was called upon
to affirm or reverse?
The President is not the man to pursue
such a course. Lie is the representative of the
free and benevolent principles of Democracy,
whose end and object is to ameliorate the con
dition of the poor, the unprotected, and the de
fenceless. By this chart has he steered, and
to this great purpose have all his acts been di
rected. lt is for this he directed the order to
be issued that the laborers and mechanics em
ployed under the different departments of Gov
ernment should not be obliged to labor at any
season more than ten hours a day. lt was his
ardent desire lo shield thegallantsailors of the
United States, as far as possible, from the abuse
of a privilege sanctioned by the laws, th&t
prompted him to authorize the following gene
ral order of the Secretary of the Navy, of which
the conduct of Lieutenant Hooe was the im
mediate occasion :
CIRCULAR TO COMMANDING OFFICERS OI'
squadrons.
Navy Department,
8th March, 1839.
Sin: Complaints having been made to the
Department of the infliction of punishment, by
order of subordinate officers, upon the men on
board our vessels of war, iu violation of the i public principle.
pale of the Hermitage, drawn forth its illustn
oils tenant, aud held him up to the public in a
false position. And since they have thus at
tempted net only to injure him, but to make
political capital out of their misrepresentations
of his opinions, let them not complain that lie
publishes the following letter to the world:
Hermitage, June 23, 1S-10.
To the Editor of the Nashville Union:
Sir: From the many letters which have
been recently addressed to me asking for an
expression of uiy views relative to the leading
measures of the present administration ot'the
General Government, some of which are front
well known and respectable sources, represent
ing that efforts arc made in various quarters of
the Union to incite a belief iu the public mind
that my confidence iu the present Chief Ma
gistrate has been impaired, it seems to be pro
per that some steps should be taken by me io
undeceive those who are thus imposed upon.
For this purpose, sir. I beg the favor of you to
give a place in your columns to this note.which
I trust will bens acceptable to those who have
written to me on the subject ns a direct answer
in the form of a letter would be.
From whatever cause, or ou whatever au
thority, statements may be made representing
me as having changed my views of the lending
measures of the present administration, they
are unfounded and unjust. Of the wisdom
and importance of these measures, and parii-
cularly of that which aims at the establishment
by Congress of a fiscal agency’ for the Govern
ment without the use or aid of Banks, time and
the fullest opportunity for reflection have left
not a doubt on my mind. And the ability
which Mr. Van Burcn has manifested in de
veloping the bearing of this great question, and
ol its antagonist one, on the free institutions of
our country, aud the firmness he has displayed
in holding on to the true interests of the ;>cople
when there has been so much temptation to
compromise them, entitle him in my judgment
to a rank riot inferior to that of Mr. Jefferson
or Mr. Madison ns a Patriot and Statesman.
With such opinions of the present Chief Ma
gistrate aud of the measures to which he has
given his sanction—opinions which 1 have
never failed to express when I have had occa
sion to speak on the subject—it is surprising
how any one could take up the idea that mV
confidence in him had beeu impaired, or that
I had become indifferent as to the choice to be
made at the next election between him and
Gen. Harrison. Looking upon the latter gett-
tlcmau ns tire representative of Federal princi
ples in the present contest, aud knowing that
he has never been identified with the Republi
can party in any of its great struggles against
the influences which have keen calculated to
take power from the people aud the States and
give it to the General Government, to support:
that 1 would for a moment think of giving my
support to such an individual as a candidate
for the'Presidency, would be a mockery of all
i! a