Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1828-04-22

duced prior 10 the receipt OF the Presidents Mes
sage and he now was perfectly willing to postpone
the subject =
The question was then taken. and the resolu-
lion was laid the table
On motion of Mr. Ben ton the Senate procoe,,a,,
to the consideration of the BILL TO graduate the
price OF public lands, sc; when
On motion OF MIR. Berrien, the bill together with
the amendments agreed 10 ia Committee of the
Whole, were ordered 10 be printed
MIR. Webster then submitted two sections which
he Intended he said, 10 offer, which were also or
| dered 10 be printed.
MIR. Rowan would suggest whether it would mt
be proper TO take up the message received from the
PRESIDENT on yesterday: he thought that courtesy
| required some disposition should be made of IT,
me Char stated what had been the uniform
pfaeuce WITH respect 10 communications from the
Executive Department, that after being read. if no
disposition was made OF them at the time they ,ver,
considered rs laid on the table OF. course
MIR. Rowan hoped the message would be rea,
Tor The benefit OF the Senate, when the Secretary
read it, '
Mr.; farewell said. that as the message of the
PRESIDENT had been called up by the Senator from
hehtucky, (hr. Rowan,) and read, il was neces
saiy, he presumed, that some motion should row
DC n"ue' 10 SYe proper direction 10 the subject;
Oh ,lat message. tie had risen for that purpose
"heh me resolution, in relation To the same ina,
ter, which had been offered by the Senate, e.,
Connecticut, (Mr Fooi,) was under con.i5eraiio,,
this morning. he, MIR. T., had been DESTROYS 81. ST.
ing TO the Senate them what was his opinion a. IN
the disposition most proper TO he made or 10, & ~,
reasons which had induced him 10 entepta;, ~;
opinion he motion made by that Senator how,
ever, preciuded any discussion; and az ba M -
fused 10 withdraw that motion when applied to for
that purpose, MIR. T. was so prevepfrd -
signing me reasons, which induced him TO concur
IN the opinion, that the resolution should Law, ,,ro
the table. He would avail himself, tberef,rnf IF
the present occasion TO do So - -
Common consent ard public convan;o,o l.,
nal Hal
pracuce,to which both Houses of Congress- hail.
lar as he knew invariably conformed thar ,ybssre
inc same subject was pending before both uousos
al 'ne same tlne one should abstain from procead
s ~ "' I,ill ,iie oihcT had completed its action
upon IT. BY adhering this usage, the n,bl;c bm.
sinesS was despatched with much more ceIer;ty
tue harmony OF action by the two bodies was nucb
more certainly attained; and numerous other adj
Vaii'dses, winch II would be quite UNNECESSARY tn
state 10 the Senate, were acquired FxperieJoc 20
had long approved the course, which nubIic con
yemence had hrst suggested; and II wouId reo,,ira
much argument now, 10 induce him TO depart iron
! it, i'll any case. Pa "Oii'
| The President had sent the same 1,css,o, 70 .;
ther House of Congress AT the same ti,5se Tjo
H. oil IL had hrst taken il up, and given 90 the srb
jects OF tat message such direction as the 5is
creuon oil that House had suggested as the mos,
proper, ne matter being thus in the possession
| OF me House who had already begun to act unon
| 1t, the customary usage, as well as publfr conyn
Iiehcc, and possibly public justice required thar
the Senate should abstain from DOING am, ,,in. j.;
relation TO II, until the House had completed lis ac
| ton upon it. 40 az
| The message OF the President embraced ,,,,o
distinct subjects, which in its nature called for
"Juuicial inquiry, and another, purely and siuplv
P9hhcal.: The one required the action of either
hiouIc o. congress, IN the Judicial capacity with
Hhich tlese bodies were clearly endowed Tor cer-
tam purposes. The other appealed merely 10 hair
legislative power and discretion and presented =
| s1'hle question o. expectancy As to the last If
came surety and literally within the rule rule to
| which he had referred. II the H. Of y sbo,,tG
accept tie suggestion of the President ava -, -
oili IN relation TO this matter that bill would roc
! rig be presented 70 the Senate hereafer. 5,,d
Hhgh' men be acted upon by this body. in anv
mode which should seem hest Ic nm a., os -
ry, The House should not deem II e,-nediert ~ 80
any bil at tins time, then it would be but a waste
oil une' Tor the Senate, being informed of this fact
10 proceed further during the present session with
! any such measure.
! AS to the judicial part Of the s,,liact :. - ,;,,
more improper for both houses TO act upon il at the
! same uihe; The presence of the same witnesses
coud not be mad, in both places 1t the same time.
anu yer 'heir presence would be equally REQUIRED
| ny Doth' and each would have the perfect RIGHT to
enforce such attendance, YhensoeyeT tJeIoI,
III Ina party would probably have the rjobf IN
be present; & yeFthi right could avail him hut ttl
| "a II must ne exercised in two different places at
e s'tle pGrlou' should punishment be inflicted
| W Cdch ooHy, as these Punishmcnts would ngces-
safiy De accumuiatiVe, 1t was dcsi 4ble that 10
sentence OF one should be mad, Know, b- ~
other, IN order.o guide the judgment of ibat ober
! IN asceTtalning the degree of punishment rrsrcr
u ne illicted, under such circumstances In short
every consideration which would induce ore co,,rf
! 10 ABSTAIN from acting upon the same .ub;nrf
WINE u was was within the power and under the
ConuON0i another, applied " for;iori' TO induce
| the same result hore
Mr. T. said, that if the case stated bv The Prez;
dent IN his message, should prove 10 be correctly
stated ne h1d no hesitation in saving that in his
! opinion, IL was a breach Of The PRIVILEGES of tho
Senate, which mcrited severe animadyeTsiou a,d
none could be more disposed thar. himself 10 treat
Such conduct as II deserved. Whether tho c,cfs
necessary 10 MAKE this case, could be established
oy proof he certainly did not know; and there fore
"ouiu hot De understood even intimatinr an inn
preston in relation To them. He was prepaTed IN do
ms duty and to act upon this subject in the proper
way; at the proper time; but in his opinion, tbe
present was not the proper time, even 10 indicate
now tle senate would act i'm reference 10 anv mart
OF H. re would, therefore, move, that the message
should be laid upon The fable
In makng this notion he meant TO be under.
s'oou' a. JGsi'hg not TO take up the subject again
unil the H. oil H. should have disposed Of Il 6n9liv
Alter some enquiry from Mr.. Foot, which was
not distinctly heard,
MIR. Webster asked for the yeas and navs on tbe
question: "hen there appeared for laying il on the
Yeas-.Messrs. Barnard, Benton, Barren. Branch.
Chandler, Cobb, Diclcrson, Eaton, Ellis. H,vns
johnson OF Kentucky, Kane, kim. McI(inIc,,'
/ Macon. Paris, iddgely, Rowan, Sanford, Taze,
wen yler, Van Buren,, White, Woodburv.-2t
'Iys.-hiessrs Barton, Bateman Bell Boulig
ny Chase, Foot, Harrison, HenCri-k ks. KNIGHT
I Mclanc, MARKS, Noble. Robbins, Rugglcs, sew
inour, oisbee, smith OF Maryland, Smith Of South
S 30 Thomas, webster Wiley, Williams
The Chair announced letter from, p,,s,,tI T..