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A C O N G B O It fi I i T E L E (5 R A P IF known to us. Certainly, sir I took a part in its rejec tion, .mi lstauil here, in my place in the Senate, to-' day. ready to deleud tbe part so taken by me: • r i uilieri sir. 1 disclaim all defeuce, und all oc casion of defence, and I assert it as meritorious to have beru among those who arrested, at the ear liest moment, <b» extraordinary departure from nil settled usage. aud, as I think, from plain cou stituiiounl itijom-tioii—tbir indefinite voting of a vast sum of money, to mere Executive discretion, without liiiii* assigned, without object specified, without reason given, and without the least con trol under Heaven. ?-ir, I am told that, in opposing this grant, I •joke wi h warmth, nnd 1 suppose 1 may have done so. If I did. it was a warmth springing Iron: n honest a conviction of duty as ever iu- fltienccd a public man. It was spontaneous, nn aflet t< d, sincore. There htul beeu amoug us, sir. uo consultation, no concert. There could have been none. Between the reading of the message and my motion to disagree, there was not time c- uough lor any two meinhers of tho Senate tl» ex change five words on he subject. .-The proposi tion was sudden < nd perfectly unexpected. I re sisted it, as irregular, ns dnugerous in itself,' nod dangerous in its precedent ; as wholly unneces sary. and ns violating the plain iuteuiiuii, if not the express words of the Constitution, liefore the Senate then, I avowed, and before the coun try I now avow my part in ibis opposition-— W hatever i- to f ill *>n those w ho sanctioned it. of that let me have my full share. I he Senate, sir, rejected this grant Uy a vote of TWENTr-siNE against nineteen. These twen ty nun names pro on the Jonruni, and whenso ever the EXPUNuifiG process may ccmineupe. or hi-w far soever it may be .carried. 1 pray it, in mercy, uot to erase mine from that record I beseech it. in its sparing goodness, to leave me that proof of attachment to duty and to princi ple ft may draw around it, over it, or through it. black lines. or red lines, or tiny litres; it may mark it in any way which cither the most prostrate mid fantastical spirit of man worship, or the most __ ingenious and elaborate study of self degradation sort ot connection with it, itiut unm-ual expedients j may devise, if it will only leave it so th it those liefore attempting that, however, let me remark, for were resorted to, tuid that the laws, instead f arrange- | w ho iuherit toy blood,-or who inay hereafter care it is worthy to be remarked, ami remembered, that me n and symmetry, exhibit anomaly, confusion, and f«,r my reputation, shall be able to behold it where tho business brought before the tfcmi.'clast sessnn.im- the in. st _r tesque associations, ills nevertheless true, j jt now stands. that i • part of all this was made necessary by us.— , The House, sir. insisted on its ainendmetit.— W'e deviated from the accustomed modes of legislation ; .|,, ie $j enate .„*hered to its disagreement; the only when we were supplicated to do mi, in order to -- supply bald and glaring deficiencies m ine«sun.s which were before ns. lint now. Ytr. ['resident, let me eie.tte to the Fortifi- gPEficu ojf mat. wcbsiEit. - IN di.f\.4Ti.. OF U. d. JAN. J 1. Tho Senate having resumed the considcra- .tlon of the resolutions moved by Mr. Benton, for setting apart the surplus revenue lor the de fence of tho country, Mr. Goldsboro ugh, Mr. Ewing, Mr. Benton and Mr. Porter, successive ly addressed tho chair. Air. Porter having concluded, the door was obtained by DANIEL .WEBSTER, who spoke as follows,—as re ported in the .National intelligencer. It is uot my purpose, Air. 1’resideut, to make any remarks on the slate of our affairs with i'ruuee. Tim ' umofor that discussion has not come, and 1 wait.— XUo are in daily expectation of a communication from thcVl'resident, which will give us light; and we are onihorh&d to expect a recommendation from linn of •each measures as he thinks it may he necessary aud proper for Congress to adopt. Ido not anticipate him. I do hot forerun luui. Iu this most impoi uim and del icate business, it. is tho proper duty of the Executive to go forward, and I, for one, do not intend either to he drawn or driven into the lead. When official infor mation shall he before us, and when measures shall he iX-commended upon the proper rosno-iaibility, 1 shall endeavor to-form the best judgment i cau, uud shall act according to its dictates. I rise, uow, for another purpose. This resolution Jins drawn on a debate upon the general conduct of the donate during the last session of Congress, mid especially in regard to the proposed grant of three millions to the 1 resident on the last night of the ses sion. My main object is to tell the story ci this trans action, and to exhibit the conduct of the denate fairly to the public view I owe this duty to the-Senate. I owe i;to the committee with which I mu connected; arid although, whatever is personal to uii individual is generally of too littlu importance to he made the sub ject of mack remark, I hope I may bu permitted to say that, in a matter ia regard to which there bus been so much misrepresentation, I Wish to say a few words for the sake of defending my own reputation. This vole for tho three millions was proposed by tho House of Representatives i.s an amendment to the for was to ue still much limber increased. That House uud before it several subjects lor plot tuion, auu for up- pioprialion, upou winch it had not pus.-ed any bill, be- idle tiie tune tor pa.-smg bills to be sent to the Senate nad eiupsed it was anxious that these things should •u some way, be piuuued lor; and when the diplo matic bill came back, diuwmg the Military Academy utter it, it was thought prudent to attach to it vaiious ol these oilier provisions. There were propositions to pave streets in the Cry of tV ushingtoii, to repair the •uapito:, uud van..us outer tilings, which it was neces sary in provide for; and they, therefore, were put imo the same bill by way of au amendment to _u amend ment; that is to say, A.'r. President, we had beeu pre vailed on io amend their hill for defraying the salary of our Minister* abroad, by adding an appropriation for tbe Military Academy; uud they proposed io a- me'id this our amendment, by adding to it matter as germatu as it was to the original hill. 'There was also ;he President’s gardener. Ins salary was unprovided for; and there wus no way of remedying lias impor tant omission, but hv giving him place in the diplo matic service bill, among charges d’aliarres, envoys ex traordinary, and ministers plenipotentiary. In und among these ranks, therefore, lie was loruiully intro duced by the amendment of the House uud there he now stands, us \ on w ill readily see, by turning to llic law. Sir, I have not the pleasure to know this useful per son; but. should l see him some morning overlooking Uie workmen iu the lawns, walks, rop-es, and parter res winch adorn the grounds around the President s residence, considering llie company lino which wo have introduced i..ui, l should expect lo see, at least, a small diplomatic button on his working ji cket. When these amendments came fr» m the House, and were read at o tr table, though they caused a smile, they were vet u.icpteit. and the law j ussed, almost with the rapidity ot a comet, aim with something like the same leiigui of tail. Now, sir, not one of these irregularities or incon gruities, no part of this jipnbliug together of distinct and dull rent subjects, was. in the slightest degree, oc cur..* ned by any ining done on the part of the .-enate. 'Their proceedings were ad icgular, their decision prompt, their de.-paith of the public business cortect, and seasonable. 'There w as nothing ot disorganize- : lion, nothing of procrastination, nothing evincive of a j new practice, respecting tbe intercourse between the President aud the House of Congress ou tbe 1 .st day of the session. Ou ihe first point I shall only observe tbat the fact of tho President’s having declined to receive this communication from the Senate and of his D - r . . - having left tho Capitol, was immediately known soonest. All our ministers and agents broad are • l.. it .. ... _r n .mo . tlifit it icfitt hut liit mr.iiv BV0S Hlld CUrd IlliU OTifUllS li COUl<4ltl- cd by the cons itutton to the lead aud manage ment Of the Executive Government. flic t're »ideul uot only is supposed to be,-but usually is, much better informed ou these interesting au »je< ts than tbe Houses of Congress. If there be dau- ger of rupture with a foceign state, h- sees it * • II r,..rl 'ln.illta rhrfl.'lll llffl iu the Houie of Representatives; that it was quite obvious that if he could uot receive a com ■nituicatioii from the Senate, neither could he re ceive a bill from tho House of Representatives but so many eyes and ears and organs u com mu- —w . ^. wul „ 111V a „ b - . nicate to him whatever occurs in foreign places, uinnicates :hem. it would he a curi ll1 ? Co «- aud to keep him well advised of.all which may m either House when a lam, ° Us 'nqair, concern the iute-est ol tile United {stales. There therefor**, taut, in this branch of tbe , p u,,,! ' < ■ service. Congress should for bis signature. It was equally obvious, that if,' is an especial propriety, uuder these circitmsiauces. the House of Repre- 1 1 u st ‘ sentatives should agree to the reoort ol the com minces of conference, so thtit the bill'should pass, it must, nevertheless, fail to become a law for want of the President’s signature; and that, iu this case, the lilamo of losing the bill, ou whom aiways be able to avail itself of tbe distinct opin ions aud recommendations of the Prestdcn’. The two Houses, and especially tbe House of Representatives, are the natural guardians of the people’s money They are to keep it sac n nere is bis voucher ? The Pr.-m.i *"e British King, whose ministers , noll 4* * e * are ,n . l . l,e ««>»• Of Commons, and authorised iu certain cases, to exnrJ^," ho to mn^ and w ishes of their stiv, rei. u P ®u lbe °Pi» kmg’s servants; at least we to the constitution. Congress can U° Ue kDu *t P^side,nonly -Mtiuyij Ihr,. • moved, if it were necessary to mover represented the President- fiPntimatifa /vm •.. L. 1 **p('KC [jjj soever it might fall, couEd uot be laid upou the j redly, aud use it discreetly, ihey C 1*1 . _ ... .1 it ...kni-n i wi t nnixilc It either House at any time during the coutin- ico of its session ou that day. All Presidents, Senate. On the more genera! point I must say. sir, that the decision of the Pres dent uot lo hold commit mention with tile Houses of Congress, after 12 o’clock, on the 3d of March, is qui e uew. No one of them has ever docliued comniuuicatin, with nance of its session ou that day heretofore, have left it wi:l» the Houses them selves to fix their hour of adjournment, and to bring their session, for the day, to a close, when ever they saw fit. It is notorious, iu point of fact, that nothing is more common than for both'Houses to sit later than 12 o’clock, for the purpose of completing measures which are ill the last stages of their progress. • Amendments are proposed and agreed to. bills passed ; enrolled hills signed by the pre siding officers, aud other important legislative acts performed often ot 2 or if o’clock in the mor liberty to speud it where uot ncetied, uor to of fer it for any purpose till a reasonable occasion for the expenditure bo show n. Now til this case, I repeat again, tbe president had sent usno rec ommendation, for any such appropriation, no department recommended it ; no estimate had contained it ; iu the w hole history of the session, from the morning of the first day down 'o eight o'clock on the eveuiug of the last day, uot one syllable had been said to us, uot one him surges ted, showing that the President deemed any si> U measure either necessary or piopcr. 1 state this strong-lv, sir, but l state it tru y. I siate tile matter as it is. and 1 wish to draw the attention ofliie Senate, and of the country to this part of sentiments, or in other words, w h.,r" he proposed, -were in acci rilauce views of the Executive?” J| 0 », I* 11 * 1 lie judged of? By tho party he belong^^* IS uot quite unique enough fur thai° u ’ * ai h he gives himself? Many might U *4 not at tnereby they could give themselves ,,,1 : f ance as to he esteemed the einoslJ " n l 1£r >- Executive will. Or , s this uiH K S ° f % in whispers? made known to meetie«.rf "*'* ineii ? intimated through the pressor M] nicatcd iu any other form, nhirh stiil | Executive completely irresponsible i * •vliiie Executive purposes nr wishes perv^ I! ? 1 ranks of party fn.-iids, uifiueme lli t : r and unite their efforts, the o|)en, direet f< j Uulln slitu'ional respon-ilnlity is wholly av.ej, j Con ' this is uot the constitution ot the United this vote for the three millions was projiosen. the Senate, there v as nothing before us showing that the President recommended any such ap propriation. You very well know, sir, that thi: tiiicatiou hill; and the loss of that hilt, three millions . anil all, is the charge which has been .made upon the temper to embarrass 01 obstruct ihe public business Senate, sounded over al the land, mid now again re-. U the history winch I have now truly given shows no wed I propose to give the true history of tins hill. [ tiiat one thing was amended by another, which had no its origin, its progress, and its loss. portalit.il'>d various as it was, and both public and pri vate, was all gone through, with most uncommon des patch and promptitude No session has v\itii. s-cd a more complete clearing off an > complete clearing off and finishing of the sub- j u-t-before us. The communications f. cm the nth'r Hint so. whether bills or whatever else, were especially attended to ifi proper season, and wilh ilia, ready res- i cation bill, tbe lost bdi, winch nut only now. hut on a peel which is due from one fIoit-o to tho other. I re- j graver occasion, lias been Jamcuti d like the lost Plei- thi-ii - rc-ptcttve collect nothing of any importance which ca ue to us : ad. from tlie House of Representatives, which was here Thi* bill, sir, came from the House of liepiesenta- neglccted. overlooked or disregarded. I lives to the Fei ate iu the u.-ttal way, and was icferrcd On '.he other hand it was the tn'sfdrtnnc of the Se- j to the committee on Finance, fts appropriations wt te nxte, and, as 1 think, die misfortune i f the cmntn, j not la go. Indeed tt.ey appealed lo tbe lonni itteo to tiia: owing to the state of business in file House of j be quite too small. It stiuck a majority of the cniu- Representatives towards the close of die sessiot , eev-i mitteeatooce that there were several fortitica unis on lural measures which bad been matured in die Senate, i t c coast, cither not provided for at all, or not adequate- amt passed into bills, df<l not receive atteini. il, so as I ly provided fur by this bill. Tiie whole amount of its to be either agreed to or rejected, in ti-e oilier brunch | appropriations was 40(1,000 to -FW.CCO dollars. It cou- 1 louse asked n couferooce, to which request the ?*etiiite immettiiitely acceded.' Tbe ccmmiittee of conference met, and, in a vet v short lime, catne lo an agreement. The . tigr< ed to recoinuiclid'll! IU uses, us ti substitute for the vote proposed by the House, he following: ** As un nddiiioual appropriation lor arming the fortifications of the United {states, three hundred thousiiud dollars.” " ,\.i ::n addition I appropriation for the repair and equip in uts uf ships of war of the Uuited .States, five i uudred thousand dollars.’' 1 immediately reported tlus agreement of the con tniutes of conference to the Senate; lint in ning, All this is very well known to gentlemen j objection tvas immediately stated as s iun as the who have beet: for tiuy considerable time mem- j message from the House was ready XV c all well her* of Congress. Aud all Presidents have sign - j remember, that st w as the very point put forth ed biils, and have also made nominations to the [ by the hou. member Irom TeuiitSse (Air White) Senate, without objection as to tune, whenever j as being if 1 may say so, the butt end ol iiis argu- biils have beeu presented for signature, or when- j meat in opposition to tho vo.e- He said very everi 4 . became necessary to make nominations to j significantly, aud very forcibly, “it is cot asked' ^ ^ the Seuatc. at anytime during the session of the j ior by those who best know what tbe public see- j which moueyis voted, as far as such desi- respective Houses ou that day. j vice requires, how then are we to presume it is j tinu is practicable, has been thought to be a if 1 ' And all this, sir, I suppose tone perfectly right, ! needed ?” 'Ibis question, str, was not answered impoi Met republican prinein'-e. In tj mcs correct and legal. There is no clause iu the con -! then; it never has beeu answered since ; it never popular parties have d limed great m er j t ^' stitutiou, nor is theie any law, which declares I cau be auswered satisfactorily. J professing to carry tins doctrine tnuih f, rl i that the term of office of the members of«iiej But let tne her/e again, sir. recur to the tnes- j and to adhere to it. much more strictly that, iii.!|l House of Representatives shall expire at 12 o’- j sage of the President, cipe.iking ol the loss of j adversaries Air Jefferson, especially, uor can it he coie-isieut with anv C f' os .j.''" a ' which professes to maintain separata iu the Government. 1 tbaa Here then, sir, is abundant g r U u m l ; u ote of the Senate, ap’d w? might rest ,t. F-ut there is anotliei .J? 1 I he constitution declares that no ato n » wT lie drawn from the Treasury hut in cutff C n u 1 of appropriations made by !a\v. What j s 4 ^ i»v "appropriations ?” Hoes this lau-uo.!* 5 '" mean that particular sums shall t, c iusij^L^ law to particular objects ? ilon far this poiuti^ out and fixing the particular objects shall fa* S t ied, is a question that cannot be settled | IV * B " precise rule. But “specific approptiatiou,")?/. is to say. the designation of every object for the three millions, but. sir, none i f these other stints which the {Senate did -insert in the bill. Others, be sides ourselves saw the deficiencies of this bill. XV of the legislature. ’They fell, of course, by the ter mination of the sessiou. Among these measures may be mentioned the fol lowing. viz:— The Post Office Reform Bill, which passed the Se nate unanimously, and of the necessity for which the , whole country is’ certainly now must abundantly sal-; had communications with and fiom the Departments, i-fied. ' j and we inserted in the bill every thing widen any I)e- The Cm torn House Regulations bill, which also. J partment recommended io us. We took care, lobe . passedneavlv nuanintonsly. after a very laborious pre- j snre. Unit nothing else was coming. And we then re paration by the committee on Commerce, end a full, ported the bill to the Senate wit discussion in the Senate; | incuts. Anion tamed no grant ot three millions, aud if die fienaic asntuch as the lull was iu the House of ilcpre- Imdpassed it the very day it came from the House, not | m utidivis, the irkuato could not act further ou only would there have hern no appropriation of the j ,j )e tiialJcr ,j )t! ij (jU s e should first have con- 1 ” ~ e ’I"” - |eriyl th“ rejiori ofliie committees, decided War cou. and sent us the mil. I did uai myself take any note of the particular hour of this part of >he transaction. Tho honorable member frou' Virginia (Mr l.cigh) says he consulted his watch at the time, ami he knows tint I hail come from h onr proposed amend- j the < onfciemc. and was in-mjr seat at a quarter these amenduicnis, then* was a sum i j, as j , | e v< u I liaveno reasou to think he is Utl of not The Judiciary bill, passed here hv a majority ofthir- j of $75,000 for Costle Island, in Boston. 5! 1001000 for ,| er ., 11% l|| j s(;| j, c |n ,) 1(5 ( , tr u cl ||ar He s ivi it ty-one t . five, t.ml which has again ‘already passed the defences in Alary land and so forth. 'I best- nmend- j,u that he had occasion lo take notice {senate at tilts sessiou with only a single dissenting ments were agreed to hv the >eiia;e, and one or two . ‘ . „ , • , , vote ; e l others added, on the inouon »f m mbers; and the hill ur * « ,,d ", el1 remcm'mrs it. It could 1 Thu hill Indemnifying Claimants for French snolia-! being thus amended, was returned to the House. j' ve ha vc ln-tn latei than this, as any one may lions b<Jure ixJiK); And now, sir, i tccomes iiuporunit ie ask when was satisfied wli «> will look al our Journals, public The bill Regulating he Deposite of the Tuhl'c A?o-1 this bill, thus amended, returned to the House of Re- j and executive, and see what a mass of business neys in tiie Deposite Banks; . I presenta'ivesf Was it unduly detained here, so that j w as despatched after 1 came from the coiffmit- ’l’lie hill respecting the Tenure of certain t llficir, j tiie House was obliged afterwards to act upon it slid- te, s. .u,d before the ndjourumciit of the Senate, an! the power of Removal from .Office"; which has deiily ? This question is uiateriai to be asked, and Having made the report, sir. 1 had no doubt that material to be answered, too, and the Journal does ... now attain passed to be eugroa-cd, in u.e Fenatc. by a decisive majority. AU those important measures, matured sud passed in Ihe Senate in the course of the session, and many others whose importance was le^s, were sent 10 the House of Representatives, and we never heard any more from them. They* there found their graves. It is worthy of being remarked, also, that tne atten- dunco of members of the Serrate was remarkably fall, particularly toward the end of the session. On the fast daxc'viy km «tor was iu his place till ver> near ti;«i hour of adjournment, asdic lourtial will -hiiw — We had no breaking up for want of a quorum no de lay, uo calls«»f toe Venule, nothing which wu-m ulu necessary hv the negligence or iuitteimou of tlio mem bers of this body. On the vote for the three millions of dollars, which was taken a* about eight o'clock in the evening, forty-eight votes were given, every mem ber of the {Senate being in his pluc-e utul answering to his name. This is an instance of punctuality, dil- igcuce nnd labor, continued to tbh very end of an ar duous session, woolly without example or parallel. Tho Senate, then, sir, must stand in the judgment of every man, fully acquitted of nil remi-sues-, all negligence, all inattentiou. amidst the fatigue and ox- Innstic u of tlic closing hours ot Fongn-.s. Nothing passed unheeded, nothing was overlooked, nothing fur- gotten, nud nothing slighted. And now, sir. 1 would proceed immediately to give tho history of tbo Fortification hill, if it were not ne cessity, ns introductory to that history, and as showing the circumstances under which the Senate was culled on to transact the public business, first to refer to ano ther hill which was before us, and to the proceedings which were had upon it. It is well known, sir, that the annnal appropriation bills always originate in the House if ■lepresentatives. This is so much the course, that no one ever looks to see stirh a bill first brought forward in tho Senate. It is also well known sir, that it has been usual, h. reto- fore, to 111 ike the annual appropriates liir the Mili tary Academy at vVest Point, in the genera! bill, which provides for the pay and support of the army. But fast year, the army bill did not contain any appropria tion whatever, for the support of West Point. I took notice of this singular omission when th ■ hill was be fore the Senate, hut presumed, and indeed understood, that the House would send us a separate bill for the Military Academy. Tiie army bi’l. tbe efoie. passed; but no b'!l for the Academy at W’pst Point appeared. We waited for it from day to day, and from work 10 week, but waited in vaiu. At length, the time for sending bills from one House to the other, according to the joint rules of the two Houses, expired, aud mr t sfactorily answer it; for it appears by the Journal that the bill v ns retur cd to the House of Representa tives on Tuesday, the -illi of Fcbruarv, one whole week before the close of tiie session. And from Tues day, the 24th day of February, to Tuesday, llie .kLiiay of March, we heard no* one word from tbi> bili.— Tuesday, the 3d day of Aiarch, was, of course, the lost day of the session. M e assembled heie at 10 or 11 o’clock in tbe morning of that day, and sat until 3 in the afternoon.and still we were not informed whe ther the House had finally passed ti e but. As it was an important matter, and belonging to that part nf the both iious. s would com ur iu the result of the < cnlcrcucc, nud iu bed every moment for theolii ter of the House bringing the hill, lie did not couie, however, and 1 pretty soon lenrncd that there w as doubt whether the committee ou the part of ihe House, would repertto the House the •greetneat id the couit-rees. At first I did not at all credit this; hut it was confirmed hy otic com munication after'auotJier. until 1 was obliged to thi;-.k it true, {ici ing that the kill .was thus in g, 1 of being lost, and intending at- any rate an ■iiiiumo.iii ei.Micr. uuu uciurjin _■ io r al pari <u Hie . . 1.....1.1 .1. ...... 1. public husiuos which usually receives particular at- font tm hl.iiuc shouldju.tly attach to the Senate, S* v 1 I in. ■ 1,4,<4 - f tisi* s>i I thil In Iiit'llttr rnvnlnltitii • Million from the Committee 011 Pittance, I boiethe sub ject in my mind, and felt mote solicitude about it, see ing that the session was drawing sotngli to a close. 1 took it for granted, however, as I hud not heard any tlung to the contrary. Hint the amendments of the >e- nate would not be objected to,and that whett a conve nient time should unite lor taking tip the hid iu the House, it would at once he passed into a law, and we should hear uo more about 1:.- Not the slightest inti mation was given, either that die (Executive wishni for any huger approoriuiion, or that it wus intended in the IJou>e to insert such larger appropriation. Not a , y liable escaped from any l ody ai.d came to onr know ledge, that any further alteration whatever, was inten- d d in the bill. At 3 o’clock in the afternoon of die .‘Id of .March, Me Senate took its recess, as is itsui l in that period id the session until 5. At 5, we again assembled, and proceeded with the business of the Senate until 8 o clock iu the evening; nud at r- o’clock in the evening, and not before, the Clerk of the House appeared at our door, und announced that the House of Represen tatives had disagreed to one of the Senate’s amend-' munis, agreed to others, and to two of these amend- muni.-, viz. the 4th und olh, it hud agreed, wilh an a- mcndmeui of its own. Now. sir, those 4th and 5th amendments of ours were, one a vote for $75 000 for the castle in Boston harbor, and the other a vote of $100,000 lor certain defences iu Maryland. And what, sir, was the addi tion which the House of Representatives pioposed to make, by way of *• amendment” to a vote of $75,000 for rejiainng the works in Boston harbor l Here, sir it is. “ And hr, it farther ritacietl, Tbat the sum of three millions of dollars be, and the same is hereby appro priated, out if any money in the treasury not other wise appropriated, to be expended, in whole or in pnrr, under thedirection of tiie Fresident ol ti e L'tiit- ed S ati s for the military und naval service, including bill made its appearance for die support of the Ali'ita- fortification and ordnance, and increase ol the navy: ry Academy. These joint rules, us is well known, arn sometimes suspended on the application ot' one House to the other, in favor of particular bibs, whim progress had been unexpectedly delayed, but which tiie public interest required to be pa-sed. Unt the House of Representatives soot ns no request to. sits pond the rules in favor of a bill for die support of the Provided such-expenditures shall be rendered necessa ry for the defence of die country prior to tin* next meeting of Congress." This proposition, sir. was thus unexpectedly and suddenly tint tons, at 8 o'clock iu the evening of die last day of the session I’nusnal. unprecedented, ex traordinary, us it obviously is, on Uie face of it. the poi . ., - - - . - - Military Academy, nor made uuy ot ier (i.op isi i *n to nianttsr nf presenting it was still more extraordinary, save die institution from immediate dissolution. .Vat* 1 The President bail asked no such grant of money; uo Department had recommended it; no estimate had suggested it; No reason wha.evor was given for it.— No emergency had happened, and nothing new had occurred; every thing known to the Administration, ■I tEiat hoar, respecting our foreign relations, had cer tainly been known to it for days and for weeks. With what propriety, then, could the Senate he cal* withstanding all the talk abants war, and thu necessity of n voto for the three millions, the Alditary Academy, uu institution cherished so long, and at so much ex- peuse, was < a the very point of being entirely broken up. , Now it happened, sir, thst at this time there was a- nother appropriation bill which ha*! come from the , House of Representatives, and was before the cum- j led on to sanction a proceeding so entirely irrregttlar mittee on Finance here. This bill was eniided, • An | and anomalous ? Sir, I re< ollect the occurrences of act making appropriations for the civil and diplomatic j the iiinuiciit very well, niul I remember the impression OXPenses of the Government for the year 183''.” I which this vote of the House seemed to make nil In this state of things, several’members of the | round the Senate. V/e had just come not of Execu- Iluuse of Representatives applied to the committee, J tive session : the doors were lint just opened, and I and besought as to save tho Academy by annexing the j hardly r "incmlier whether there was a single spectator necessary appropriations for its snpputt to the bill fori in the hall or the galleries. I had been at the Clerk's civil and diplomatic service. Wc spoke to them, in table, and bad not reached my seat when tiie message reply, of the unfitness, die irregularity, the incongrn-! was rend. All the Senators were in the chamber. 1 ■ As, aI* ftl.ia r I. IT * I . . I . A. . ity, of this forced union of such dissimilar subjects : but they told us it wac a case nf absolute necessity,- and that, without resorting to this nXodc, the impropri ation could not get through. M’e acquiesced,"sir. in those suggestions/ We went out of utirway. We | Committee on Finance, Hindu it my duty to agreed to do an extraordinary and an irregular thing, iu order to save the public husine-s from miscarriage. IJv dircsiion of the committee, I moved the Senate to add an impropriation for the Military Academy to the bill for defraying the civil and diplomatic expenses.— *The bill wasirtnendecT; hnd in this form tiie appropri ation was finally made. Bat this was not nil. The bill for the civil snd.dt- plom uie -i»r\ ;<x* being thus amended.’hv tacking the Military \* idemynpon it, was sent hack hy us to the Hesse of Representative!, where its length of tail heard the message, certainly, with great surprise and astonishment: and I immediately moved the Senate ........ . , to disagree to this vote of the House. Aly relation to We acquiesced, sir. ini the subiecLinconsequence of my connection with the WBBm prune or lie some course, and I had not a moment's doubt or Hess tntion what that course ought lo be. I took upon my sell, then sir, the responsibility of moving dmt the Sen- ate should disagree to lliis vote, and I now acknowledge this responsibility. It might be presumptuous to say that I took a leading part, bat I certainly took nn early part a decided part, and an earnest part, in rejecting this broad grant of three millions of dollars, without limitation of purpose or specification of object; called for by no recommendation, founded an no estimate, made necessary by no state of things which was made 1 in.iiiqdiHlolj mo* ed the following resolution : -Ursulrtd, That it iness igo be sent to the lion oriii l-' the House of Representatives respectfully to remind the House of the report of the com mittee of ci.tiforeiice appointed ou the disagree ing votes of the txvo Houses, on the nmeiiduient ol the House lo thi amendment of the Semite to the bill respecting' the fortifications of tho United ?■ tales.” Y- u i ecollcct the resolution, sir, having, ns 1 mil r* number, lakcu some part on tbe occa sion • This resolution was promptly passed; the sec retary carried iu * the House, and delivered it.— What was dotie iii the House ou the receipt of thi- mess, ge, now appears from the primed Jour nal. i have no wish to comment upon the pro ceedings there recorded—all may read them, aud t-. eii be able to liir ti bis own opinion. .Suffice it to say that the House of Representatives hud possession of the loll, chose to retain that posses sion. nud never acted ou tho report of that com mittee. Thu bill, therefore, was lost. It was lost in the House of Rc|ircsonlaiiv s. It died the re, nud there its remains are to he found.— No opportunity w as given to the members of the House lodecme whether they would agree to the ri port of tile tw o committees or uot. From a quarter past eleven, w heu the report was agree;I to. until two o'* three o’clock in the morning the Home remained ia session, if at any,time there was uot a'quorum of members present, the al- tctidattce of a quorum, w e are to presume, might have been commanded, as there was undoubtedly 3great majmiiy of 'ho members still <u the city. But now, sir, there was nue other transaction of th, evening, which I feel bound to state, be cause J think it quite impoi taut, ou several ac counts, that it should bu known. A nomination was pendiug before the Senate for a Judge of tiie "*uprcme Court. lit the course of the Hitting, that nomination was called up, and o,i motion, was imL-fnutcly p-istpoued. In other words, it was rejected ; for an indefinite post ponement is a rejection* . Thu offi. e, of emir**©, reniatued vacant, and Hie Humiliation of another person lo fill it hcr.nu u.ce>i-ary. '1 he Presi dent of the Uuited State; t\ as then in the Gnpi- tul. as is usual ou the evening of the Inst day. of the session, in. the chamber nssiguotl to him, aud with the heads of Departments around him.— clock at night, on the 3d of March. They are to hold for ttvo years, but the precise hour for the commencement of that term of two years is no where fixed hy constitutional or legal provision, it lias been established by usage and by lufer ence, aud very properly established, that, since ihe first Congress < ompieuccd its existence ou ihe first Wedu. sday iu March, 1789, which happened ou the 4th day of that month, therefore, the 4th of March is the clay cl the commencement of each successive tettn, but no hour is fixed by law or practice. The true rule is. as I think, most undoubtedly, that the session hidden ou the lust day constitutes thedast day fur all legislative aud legal purposes- While the sessiou commenced ou that day continues, the day itself continues, ac cording to the established practice both of legis lative and judicial bodies.' This could not well be otherwise. If the precise moment of actual time were to settle such a matter, it would be material to ask who shall settle the time ? {Hi ill it be done by public authority, or shall every man observe the tick of his own watch? If absolu c time is lo furnish a precise rule, the excess of a minute, it is obvious, would be as fatal as tbe ex cess of an hour. Sir, no bodies, judicial or legis lative. have ever beeu so hypercritical, so astute to uo purpose, so much more nice than wise, as to govern themselves by such ideas. The session tor the day, at whatever hour it commences, *>r at whatever hour it breaks up. is the legislative day. Every thing has reference to the commencement of that diurnal sessiou. For instance, this is the J4th day of January; xve assembled here to day at 12 o’clock ; our Journal is dated Jaiittaty 14th, and il we should remain here until 5 o’clock to- tllls bib, he Uses these words ! j great advocate for it. and held it to lie iuiWn “Th s lailute wus theiuore regretted, not only | sable to a safe and economical atliuaistratiwi because it necessarily interrupted and delayed , disbursement of the public reveuacs. the progress of a system ol national defence pro- ’ Bui what have »he friends ami admirers of Mr jet ted immediately alter the las* w ar, and since j Jefferson to sn\ io this appiopriation? steadily pursued, but also cou aiue^) a totiiiugeiit i do they find, in this proposed graut of three ia,|. appropriation, inserted in accordance with the lions, designation nf object; ami particular a r ,d views ol the executive, iu aid ol this important > specific application of inouey ? Have ifo object, audolhei branches of the national del- forgotten, h ive all forgotten, aud wholfo a- euce, some portions ol which might have been ■ 1 * -*' ' must usefully applied during the past season.;’ Taking these words of Uie message, sir. aud connecting them with tha fact tout Uie President had made no recommendation to Cougrcss of any such appropriation, it strikes me they furn ish matter for very grave reflection. The Pres ident says that this proposed appropiiattou was “in accordance wilh tne. views of the klxu utivc: ’ that it: “was iu aid uf au impoiiaut object;” sunt that “some portions of it might have been most use folly employed o uring the past season. ’ And now, sir, 1 ask, it tiiis ue so, why was uot this appropriation recommended to Congress hy the President ? I ask tins question in the ti.une of the constitution of the U. {states; I stand on its own authority in asking it; aud 1 invito all those who remember ns iujuncltous. and who mean to respect diem, to consider well how they are to he auswered. {rir, the constitution is not yet'an entire dead letter. Theie is yet some form of observance to its requirements, aud even while any degree ol formal respect is p-iid to it, I must he permitted to continue the question, why was not this appro priation recommended ? It was iu accordance w ith tbe President’s view s; u was for _ views; it was tor an raipoit- inorrnw morning (aud the Senate has sometimes j nut object, it might have been uselnliy expeud- sat so late) our proceedings would ali bear date . <-d. The President bciiM of o,.ioiuu, therefore. the 14 th of January; they would be so staled up- j that the appropriation was necessary and proper, ou the journal, and the journal is a record, aud i< j how is it that it was not iccoiumeuded to Cott- a conclusive record, so far as respects the pro- gross? For. sir, we t;li know the plain and di rect words in which the very first duty of the President is imposed by the constitution llete they are;— “lieshall, from time to tia^, give to the Con gress information ol tho state ol the Union, and ccedings of the body It is so injudicial proceedings. If a man were tm trial for his life, al a late hour oil the day al lowed by the law for the holding of tbe coin- . & the jury acquitted him, but happened to remain so long in deliberation that they did not bring in their verdict until after 12 o’clock, is it all to he held for nought, uud the mnu to he tried over a- gain ? Are all verdicts, judgments, nud orders of courts, null aud void, if made after midtiighr, on j coustiiution gravely the day which tbe law preset ibes as the last day ? It would he easy to show by authority, if author ity could be wanted for a linug the reason of which is so clear, that the day lusts whi e the dai ly sessiou lasts. When the court or the hgisla- tive body adjourns for that day, the day is over, aud uot before. I am to'd. indeed, sir. that it is true that, ou recommend to tueir * ousiiieratiou such measures this same 3d day of March Inst, not only wi re o tlier thiugs transacted, but that tbe bill for the Cumberland road, an important and much litiga ted measure, actually received the signature of our presiding officer after 12 o’clock, wrs then sent io tbe President and sigued by him. I do uot affirm this, bccouse 1 took no notice of tbe time, or-do not remember it if 1 did ; but I have beard the matter so stated. I see uo reasou, sir. for the introduction of this new practice; no principle ou which it can lie justified, no necessity for it, uo propriety in it.— As yet, it has been applied only to the President’s intercourse wilh the Senate. Certainly it is c- qtially. applicable to his intercourse wrth Loth houses in legislative matters; and ifi'is to prevail hereafter, it is of much importance that it should be known. The President of tho United States, sir, has alluded to the loss of the Fortification lull iu his messstige a. the opctiiug of the sessiou, and lie lias alluded also, in the same me-sngc, to Uie re jection of the vole of the three in.'lions. Ou t -e first poiut, that is, the logs of tiie whole hill, and the causes of that loss, this is his language : ** Much loss aud inconvenience have been ex perienced in consequence of the failure of the bill containing the ordinary appiopnuiioiis for fortilitalions, which passed ouc branch of t ie Na- lio.ml Legislature at the last sessiou. but w as lust in the other.” If tho President intended to *;ny that the bill having originated in the House „f Representa tives, passed tbe Senate, and was yet afterwards lost iu tho House of Representatives, lie wasen- lireiy correct- But lie has been altogether wrong ly informed, if he intended to state, that the lull as he shall judge necessary aid expedient.” After enumerating tuu puw rs oi the l’resid eut, this is too first, mu very tir.t duti/ whi. h the tlj.mis upon him Aud now, air, iu u > language of taunt oi reproach, i«u*> language of party attack, to terms «if uo asperity or exaggeration, hut called up by the necessity of «!eteticluig my « * u vote upon the subject, i now, as a pi.fo.c man, as a member of rougress here in-my place, .uul as a citizen who feel" as warm an aliachutenl to he constitution of the country, as any other cau. demand of --ny XX hen nomination# are rejected under these cir- j having jutssed the House was lost iu the Senate, rumslanct-ii, it has been usual for the President 1 * * ■ * *mmediatolv to trail mil n new uommatioii to the Senate; otherwise tiie office must remain vacant till the ii' xt session, ns the vacancy in such case li .s unt happened iu the recess of Congress The vote of the Semite, indefinitely post|>onjug ibb nomination, was carried to the President's room by the Secretary of the Senate. The Pre sident told the Secretary that it was mere titan an hour past 12 o'* loek, aud that he could receive no further communications from the Senate, and iniiucdiattly alter, ns I have understood, Jrrft the Capitol, ’(he Secretary b-ought hark tiie paper containing the certified copy of the vote of the Senate; aud endorsed thereou the substance of the Prciident’s answer, aud nlso added that, nc- • ordiiig to his owu w atch, it was a quarter past one o’clock. There are two views, sir, in’which this occur rence may well deserve to he Uvliccd. Ouo U a connexion which it may perhaps have with the loss of the Fortification bill; the other is, its ge neral importance, as imroirticing anew rule, or a Vs I have already stated* tin- bill was lost in tbe House of Representatives. it drew its last breath there. Thai House never let go its hold ou it after the report of the committee of confer ence. But it held i*. it r tamed it, nud of course, it died in its possession when the House adjourn ed 11 is to he regretted that the President should have been misinformed iu a matter of thi* kind, when the slightest reference to the journals of the two Houses would have exhibited the correct his lory of the transaction. I recur, ngniu, Mr. President, to tho proposed giant of tho three millions, for the purpose of sta ting sotnew Itat.tnore distinctly tbe truo grounds of objection to that grant. These grounds of objection were two: tho first was, that uo such appropriation had been recom mended by tin* President or any of the Depart ments. And what made this ground the stron ger wus, that tiie proposed grant was defended, so lar as it was defended at ail. upou an alleged necessity, growing out of our foreigu relations.— who may choose to g:ve it. an answer to tins question :—II hy was not this measure, teikh the President declarts that he thuug.it necessary, and expedient, recomnunded to Congress ?" And w ity am 1. auu whj aie oilier niemneis f con gress, whose pnthoi duty, the jCousliluttou says, shall he enlightened by the President's ‘opinions and conimuiinsntioiis. to I e charged with want of patriotism uud waut offiJeliiy to tlio i-ouuliy, because wo refused au appropriation which -tbe President, though it was in accordance with iiis views, and though he believed it important, would not, nuo did nut recommend to us ?— When these questions are auswered, si , to the satisfaction olTutelligi-ut men, then,.and uot till then, let reproach, let censure, let suspicion ot auy kind rest on the twenty nine names which stand opposed to tins appropriation. How, sir, were wc tv know that this approp riation “was iu accord nee with the views of the Executive?” He had uol so told us, formally, or informally, lie had tint only not recomtiieu ded it to cougr* ss, or cither House of congress, but nobody ou this flour had undertaken to speak in Ins behalf. No mail got up tosay, “ the Pre sident desires tin’s, he thinks it uei cssaiy, exped ient, and proper. But, sir, if any gentleman had risen to say this, it would uot have answered the requisition of tile Constitution. Not at all. It is not a itiut. au intimation, the suggestion of a Iriutid. by w hich tbe Executive duty in this res poet is to he fulfilled. By no menus. The Pre- suleut is to make a recoinmcudaiion, a public recuunncutluliou, au official I'cconiit i ndatiou, a responsible recommendation; uot to oue House hut to both Houses; iiis to be a recomme: da tum to Congress. If, deeming the measure ue- cessary aud expedient, the President fail lo rec ommend it, the fault is Iiis. 1 ins,-sir, is the con stitution of the Lulled States, or else 1 do not uud'-rsland the coustitutiou of the Uuited Stutes. Does uot every- mau see how perfectly uticousti- lulioual it is that the Picsulcut should^-oniuimii cate Ills opinions or washes to congress on snch grave and impumtu subjects, otherwise than by a direct and responsible recommendation, e quallx addressed aud equally know n to all whose duty calls uprin.thetn to act on the st bject ? V* htu would be the state of things if he might communicate his wishes or opiuioiis privately to members ol oue House, and make uosucii com mupicntiou to tbs members of the other? Would uol the two Houses he-necessarily pul is imme diate coflisiou ? Would they stand on equal foot- ing? would they have equal information? What would ensue from such a manner of conducting the public business but quarrel, confusion and conflict? A member rises in the House of Rep rcsentatives, and moves a very largo appropria tion of motley for military purposes. If he says The foreigu relations of the country are entrnst- ho does it upon Executive rc^ommUdaZ, haudoued. even all pretence fur spci ific upprv- printiou ? If rot. how could they sanciiuasuchi vote as ibis ? Let me recall its terms They ate, th it tbe sum of three millions of dollars lie," ;.i,j the sathe her by is, appropriated, out of j,;j money in the treasury not otherwise appro .ria- ted, to be expended, in whole or in part, uuder the direction of the President of the United St'i for. the military and naval service, lailndiagfoe locations and ordnance, and toinrrense the m- vy : provided such expenditures shall licreu tr- ed necc-sary for the defence of tho country, prior to ibe.next meeting of congress.” In the first place it is to be obsrryeii, that whe ther the money shall he used at all or nut. it made to depend upon the discretion of the Pre sident. This is sufficiently liberal. It carricj confidence far enough - But. if there bad k-eu uo other objections, if the objects of the appro priation Lad.neen sjilfictetiily described, so thst the President, ifbe expended rite rennet at ail. must have expended it for purposes authorised !>v the legisiafi’ro, and nothing bail been left u his discretion l.'ttf 'he question, wItetber antm- ergency had arisen iu wnich the authority ought to lie exercised, ! m.’Kltt uot have feh boned is reject the vote. T.Vre are some preccdcua which might favor such ,T contingent prntbics, though the prncrice is dnug vero,ls ’^ ,u - Hl to In* followed except in cases of clear itrces-iy. But the insurmountable obje.’-li 011 to we pm- posed crant was, that it specified jn, ,. u Tt was as general as language c .uk‘ w braced every expenditure that coifld “ e ^* lls either military or naval. It was to incl" •‘ l ,, tification-*, ordnance, and increase of the na 'J- l»u' it was not confined to tlu-se. It oraSracis the whole general subject of military service- Under rite authority of such a latv, lire I’reiiiM* might repair ships, build ships, buy ships, caiist seamen, and do any tiling ami every thins ©* touching the naval service, without restraint* control. He might repair such fortifications «shfs;_* fir and negl -ct the rest: arm such ns he sai it, and neglect th** arming of others; or huilil ot* fortifications w herever lie chose. Ilutthioew limited powers over tho fortifications situi the na vy constitute, by no menus, th** most datigcnns part of the pmpsod authority; bccausi, under that authority, his power to raise nud eropky land forces wnsfequally absolute and unconuwlW. He might levy troops, embody a new army. out the militia in numbers to suit his oivadis cretion. ami employ them as he saw fit. Now. sir. does our legislation, under our CoM- tilu’ion, furnish any precedent for all this? We make appropriations for the army, and f t understand what we are doing, because^ il # “tiie arinv'*’; th >t is to sav the army established by law. \X : c make appropriations for fort'fica- tiniis, hut w e say what forlifiradoES, and as sign *o each its intended amount of the sum. This is the usual course of Cotter****® such subjects ; and w hy should it he departed from ? Are v c ready_to «;iy that the p on J f *' fixing !lie places for new fortifications, and t» sum allotted to each ; th*’ power of ordering nt* ships ; the power of laying out money h> ran® men for tbe army ; in short every p"Wer, and small, respecting the military aud naval ft vice, shall he vested in the President, with® specification of object or purpose, <>r th® rlK1 /* exclusion of the exercise of all judgment on '' t»art nf Congress ? For one, I am not pirp> r ' The honourable senator from t'hio. n< ar rc , has said, that if the euotny had been «o shores Ije would not have -agreed to tnw But I say, if the proposition were now belore » ami the guns of the enemy battering .-ig :lll!> walls of tho capitol 1 would uot agree to The people of this country lm*<- an property, nn inheritance fit tins Instru'neu • gainst the value of which forty capitol*<" weigh tho twentieth part of one poor sfn '* There can never he any necessity for sue r‘ ceedings (tut a feigned aud false necessity , • of -all can it lie said that any such nocessitv • lly existed on the 3d of March. Tlier? » . enemy on our shores: there were no ginM ted against tbe capitol; we were in Vj^uld was tliet e a reasonable probability that " have war unless we made it ourselves.^ <(r e |,. j Bn- whatever was tho state of our ‘ 0,elp j t ffa , | tions. is it not preposterous to s;l 1’’' ' pns ure. necessary for Congress to adopt this f0B1 . ami yet not necessary for the president 1 )VTin c# I mend i: ? Why should we thus run 10 -j eP j of all our own duties, find leave the completely shielded from Iiis just res P° B * Whv should there he nothing hit! gran ^ and confidence, on our side, and uo n discretion and power, on his. _ _ Sir. if there be any philosophy ,n . m »t> human blood e’ill runs iu human te •' ,|, fr still conform to the identity of h |S institutions which secure < ' 0,,st . ,t,,ll '! p j j ive p fr ‘ cau never stand long against tins s uteo*— soiirI confidence, against this devotio in utter disregard both of principle e y cr jstiCi is to be strongly charac-