The Madisonian. [volume] (Washington City [i.e. Washington, D.C.]) 1837-1845, 1842-08-25
CONGRESS-.

collection of duties imports, (rst striking out the
section relative to a public lands) which has recent
ly been vetoed, OF some other similar measure. He
begged leave to say that accompanying this memorl-
al, there was letter from committee, which sta
ted that not one Of the subscribers approved of the
exercise of the veto power.
The memorial was referred to the Committee on
Finance
Several reports were made from Standing Commit
tees, and
Various bills Of private character were passed.
The act directing warrants to issue for the bounty
land due account of the services of Major Gene
raj Duporail, Brigadier General Armand, and Major
De la Combe, was taken up.
Mr.. BENTON said that this bill had been drawn
for the purpose of putting money into the pocket of
some busy agent who hal purchased the claims, for
shilling, from those who were justly entitled to the
bounty land account of the services of the militia
ry officers mentioned. The presentation of a bill
under this view, was, in great degree, unparliamsn
tary; and if such objection lay against it, ne no.
ped that gentlemen who knew the facts would de-
clare them and thus place the true state Of the case
in the possession of the Senate.
Mr.. PHELPS replied, and defended the bill on the
ground that the individuals specified were officers du
ring the Revolution, appointed in the usual mode,
and in the same manner, for aught that was known
!
were; and at the conclusion of the war, they were
returned as entitled to bounty lands.
Mr.. BUCHANAN said that there was general
law to meet suchcases and that the second section of
it was clear and specific
Mr.. BENTON insisted that fraud was intended
by the bill now before them The Secretary Of the
Treasury was authorized to issue scrp-to whom :
To nobody in particular, to any individual in Fiance
to the world at large!
Mr.. PHELPS explained that that part of the bill
rel tn he ScI in mad
Mr.. SMITH, of Indiana, having expressed an
opinion that there was general law under which the
claim could be paid, if ascertaned to be justly due.
Mr.. PHELPS moved to lay the bill upon the ia
at the suggestion of
Mr.. BUCHANAN, the further consideration of
the bill was indefinitely postponed.
Mr. CRITTENDEN, agreeably to notice. moved
to postpone all the previous ORDERS and take up the
bill from the House entitled can act regulating the
taking or testimoney in of contested cleo
tons, and for other purposes"
Mr.. WALKER hoped that the bill would not be
taken up In his opinion it was one OF the most I'M
porant that was brought to the consid-
GRAFTON of the American Senate. 1t was nexpedi-
ent unjust and unconstitutional. 1t was besides,
intended 10 disranchse several of the States which
had already elected their Representatives. and several
which would yet elect their Representatives under
the general ticket system and would, beyond all
doubt fcarried into effect dsfranchise the State which
he had the honor in part to represent But she would
go on to elect her Representatives in the usual
way, without any advice on his part as he had not
felt authorized to give it in this particular. he
called for the yeas and nays, promising that If the bill
be taken up, it will either prolong to most unrea-
sonable length the present session. preclude all &C
ton on the revenue bill and he assured gentlemen
that he would feel it to be his duty to contest the BILL
inch by inch, and endeavor, by all fair means, to de-
feat it. This he determined to do, as the bill
was calculated to disfranchse the State of Misss
'sippi.
MIR. CRITTENDEN remarked that he would not
now reply to the observations of the Senator from
mississippi. When the bill shall have been taken up,
it would be proper subject for consideration
The yeas and nays were ordered, and, being taken,
resulted-Yeas IS, nays 20, as follows:
YEAS.-Messrs Archer, Barrow, Bates, Bayard,
Choae, Clayton, Conrad Crafts, Crittenden, Dayton,
Evans Graham Huntington, Mangum, Merrick, Mil
Ter, Morehead, Phelps, Porter, Preston, Simmons,
Smith of Indiana, Tallmadge, Woodbridge, White
IS
NAYS-Messrs Allen, Bagby, Benton, Buchanan,
Calhoun, Cuthbert Fulton, Henderson, King, Linn,
Rives Sewer, Smith of Connecticut, Sturgeon, Tap
pan, Walker Williams, Woodbury., Wright, Young
SO.
So the bill was taken up and read.
Mr.. CRITTENDEN briefly recapitulated its pro-
visions He replied to the Senator from Mississippi,
contendng that the objections of the gentlemen rest
ed against former law, the apportionment) and
not against this. If there was any disiranchisement
of State, it the result Of former law; because
this merely made provision coincdent and only pre-
scribed the manner in which the effects Of the appor
tionment bill are to be authenticated. He did not
apprehend long discussion on this subject as the
Senator anticipated and he trusted that, in very
short time, the bill would be disposed of by the Sc
nate.
Mr. WALKER said that if the bill should be-
come law, Mississippi, would be precluded from
having voice in her own defence in the
House of Representatives The Senate had no right
to prescribe what shall be the form OF the returns under
which a member shall be permitted to participate in
the organization and proceedings of that body. The
House alone was qualified, by the Constitution, to
Judge of the return of its members but, by this BILL
the Senate and the President were required to inter-
fere with that which the popular branch solely had
the right to determine.
Mr.. ALLEN proposed to strike out the first and
second sections Of the bill, and insert in lieu thereof,
an amendment repeating the second section of the
Apporonment BILL which requires the several States
to elect Representatives by districts. He submitted
few remarks in support of the amendment, and
against the provisions of the bill. With regard TO
the act for the apportionment of Representatives, he
considered it, first unconstitutional; and, second
w. its existence would embroil the House of Repre-
sentaves at the organization of the next Congress-
and set an example of discord and dsunion in this
country, which might lead to consequences which
they would have serious reasons TO deplore lie call
ed for the yeas and nays, which ordered.
MIR. WOODBURY. opposed the bill, and said that
was unconstitutional and nexped ent iIl-advised
fatal and dangerous to the fraterna feeling which
ough to be cultivated among the several States.
Mr.. WRIGHT had no hope that the amendment
would prevail notwithstanding he should regret to
defeated. He considered this bill as undertake
ing TO force the Legislatures of the States do that
which, under this act, several of them had failed to
perform under the bill fol the apportonment of Rep
resentatives among the several States
MIR. BAGBY said if he could be the means of de-
feanp this bill by remaining here until the 25th of
December next, no matter what considerations, pub
lie or private, such might involve, he would
consider his time better spent than any other portion
ofhis llfe
Mr.. CUTHBERT opposed the bill The Senate
were in pretty situation, indeed, to consider sub