1889,
TUB tiONJ^IBSiOatiX. aiXHKB.
ao§
toe «abject jnajtsr jteforwid to Ibera *y $be i splu}i<?n«(tfee
Hpqse of the I4r}i instant requires vnvestigation„and that
he ask that the committee be dise&arged from the further
consideration of the «abject.
Mr. NAYLOR moved to lay the subject on the
table, and print, but withdrew it at the request o
Mr. PRENTISS, of Mississippi, who moved
its recommitment, with instructions to strike out
the first resolution, and addressed the House at
length on the subject
Mr. CAMBRELENG then moved to lay on
the table and print all the reporta; whtch «¡as
agreed to.
RELATIONS WITH MEXICO.
Mr HOWARD, on leave, submitted the fol-
lowing resolution, which was read and agreed to.
Resolved, rim the President of the United States be ¡re-
quested to inform this House whether any,and what, change
has occurred, since Jus annual message, m the posture of
the relauons between the United States and Mexico, ana
to communicate to the House such correspondence rclatiBg
thereto as may not be incompatible with the public interest.
GENERAL APPROPRIATION BILL.
The House then went into the Committee of
the Wiiole on the state of the union, (Mr Banks
in the chair,) and resumed the consideration of
the geneial appropriation bill
The question immediately pending was the
motion of Mr BRQNSQN, to amend that part of
the bill providing for the support of the supreme
court, by limiting the application of the contingent
fund thereof.
Mr. C. H. WILLIAMS, who was entitled to
the floor, addressed the House at mueh length mt
the various leadm  topics of the day.
Mr GARLAND, of Vngtnia, obtained the
floor, but gave way to
Mr SLADE, who spoke for some time, when
he gave way for a motion for the committee to
rise, on which the vote was—ayes 44, noes 51;
thatduty, discovered that Mr Randolph had reserved a large
sum of public money left by the deceased purser on board
of his ship, with which he Had never been eharged,,arrd
other propertv, public and private, for which he did not ap-
pear to have accounted The amount was accordingly
charged to Inn on the books of the .Fourth Auditor, where,
1 «uppose, the chirle still stands
Mr Randolph denied his indebtedness, alleging that he
had paid away the money en account of bis predecessor,
and taken the vouchers in his name, but could produce no
proof which would entitle him to credits tn the accounting
office It was the opinion Of a court of inquiry, called m
his case, that he had applied a portion of ere money m the
way he alleged, and that he was justly indebted lor the
balan oe
I write from memory, and cannot particularize
Very respectfully, your obedient servant,
AMOS KENDALL
Hon  A Dunc-an
I have been induced to make the mqutnes and exposures
here exluhited, in consequence of the following commu
mcation.
To the Hon Ji  Duncan, of Ohio
In a speech which has been published, said also to have
heen delivered by you, m the House of Representatives, I
find that you hive classed me among the public defaulters
However much you miy be m favor of abolition " in the
abstract," 1 hog that hereafter vou will not, m making use
of my name, abolish the truth I am no defaulter, as the
documents in my possession will show It may suit your
creed, sir to stand up in your place, and, with brazen front,
defame honest and honorable men , but >ou shall not use
your " pnvilege," where I am eonct rmd, without reeeiv
mg a proper contradiction You have quite enough to do to
detendthe peculations and frauds oí your political friends—
those who «¡teal millions and up stakes for England, as well
as those who steal tironsands and remain at anchor here~-
without caUimtnatiug innocent persons I therefore lee
ornmend to you a little caution m your future harangues
K B RANDOLPH,
Late of the United States Navy
Alexandria, January 29,1839
It was not from i «pint of resentment I have been induced
to notice the above communication No, I Has led to no
tice it from .i disp iMtion todo Mr Randolph justice and
right, if I had done him in nijurv, although I think most
readers will conclude, with me, tint Mr Randolph might
have seen abundance of reason m the following euraet to
have desisted from the above communication 1 lie extract
is taken from the speech to which Mr Randolph alludes,
and was m answer to Mr Beil, as the extract shows
When I was exposing the defalcation of the Messrs I r
wins, Mr BFiL,of Tennessee rose ind said the Lrwms
were not defaulters, it was a slander promulgated by the
Globe paper
" Mr Duncan responded, tint he did not get the inform
ation from the Globe, he obtained it from the records m
the archives of the Government—evidence of the highest
character, and that which is open to the view ot e\ ery one
who desires to read I hope (said Mr D ) it is not true
I would prefer to conceal, at all times, human weakness and
depravity, rather than expose, where it may be done with
out public injury, but I would prefer that such depravitj
as 1 am now exposing, did not exist And let me say,
once for all, that I know nothing personally of the numer
ous and wholesale frauds which I ara now exposing 1 am
alike ignorant of the men whom the records show to be
the perpetrators 1 hese fr mds, with the names of those
who committed them, are matters ot record, and the f icts
are spread over the whole country, and known to all who
read the Journals of Congress and the reports of the feecre
taryof the Treasury Consequent!*, my exposit on can
neither affect the reputation of those whose names I ex
pose or the cause of justice "
I say the remarks contained m this extract might have
well superseded the communication But Mr R volun
teers the following advice " I therefore recommend to \ou
a little caution m your future harangues ' I return my
thanks for this advice, and when I want more I will call
font Bait Mr R is unkind in saying " It may suit your
creed, sir, to stand up in your place, and, with brazen
front, defame honest and honorable men " I say this is an
unkind charge—is unkind if it is intended to fix on me a
claim of privilege in consequence of my representative
character I claim no privilege on th it gtound I hold
myself responsible for all I say, either m my personal or
representative character If, perchance, I am officially
compelled to notice men and things in a manner un pleas
ant, and I am to be held responsible in my individual capa
city, ail I ask is that he be a gentleman who so holds me
I want him to have clean hands He must be sueh a oue
who«e frauds have not been such as to place him out of
time and out of place when be is without the gloomy walls
of a degrading penitentiary He must not have the base
and degraded character of coward united to his reputation
m life and to Ins memory in death, by having pulled the
nose of an old patriot, withered and bleached by the frosts
of seventy winters, and worn to the brink of the grave by
services to his cctuntty.                            A DUNCAN
Therefore,
Resolved, Tirar the «aid Alexandfb Duncan has, in the
premises, subjected himself to the just censure of this
House, and that he be reprimanded therefor by the Speak-
er, in the presence of the House
Mr ELMORE then gave his reasons at length
why lie should sustain this motion. Mr. E.
having, as requested by the original mover, re-
newed the motion,
Mr. DROMGOOLE asked Mr Petrikin to
substitute ademand for the previous question, but
Mr  P. declined
Mr CUSHMAN called for the yeaa and nays,
which were ordered
Mr WISE moved a qall of the House; whjch
was agreed to—ayes 88, noes 69.
After the call was proceeded i  till two hundred
and sixteen members were ascertained to be pres-
ent,
On motion of Mt. ANDERSON, it was further
dispensed with
Mr WILLIAMS, of Kentucky, <Mr. Petri-
KUt iiaymg again temporarily withdrawn the
pending motion) briefly assigned the reasons
why he should vote to lay on the table.
The motion having been renewed by Mr. W.,
the vote thereon was—yeas 117, nays 94, as fol-
lows-
VEAS—Messrs Adams, Anderson, Andrews, Atherton,
Banks, Beatty, Beers, Beirne, Bicknell, Birdsall, Brodhead,
Bronson, Buchanan, Bynum, Cambre!eng,John Campbell,
Casey, Chaney, Chapman, Clowney, Coles, Connor, Crabb,
Craig, Crary, Crockett, Cushman, Dav*e, De Graff, Drom
goole, Elmore, Partington, Isaac Fletcher, Poster, I ry, Gal
lup, Glascock, Grant, Gray,Grifnn, Haley, Hammond, Ua
mer, Harrison, Hawkins, llajnes   IIoKc\, Holt, Howard,
William H Hunter, Robert M T Hunter, Ingham, Thomas
B Jackson, Jnseph Johnson, Nathaniel Jones, Keim, Kem
. hi*1, IClingeasiiiitli Leadbetter, Logan Looiois, Lyon, James
j M   Mason   Martin,  Maury,  Melvay, Robert MeClellan,
Abraham McCleIlan,McClure, Miller Montgomery, Moore,
Morgan, Samuel W Morris, Mwrray, Noble, Owens, Pal
mer, Parker, Parmenter, Parri=, Payntcr, Penny b icker Pet
rikiti, Phelps Picki ns, Plumer, Potter, Pratt, John II Pren
f tiss, Reily Richardson, Rives, Robert on, Sawyer, Sheffer,
Sheplor Snyder, Spencer, swearmgen, Taylor, Thomas,
| Titus, Toucey, Towns, Turnej, Vail, Vanderveer, Wag
| erter, Webstor, Weeks, Whittlesey, Sherrard Williams,
Jired W Williams, Joseph L W illMins, Wonhmgton, and
| Yell—117
N\YS—Messrs Alexander, Heman Allan, \ycrigg, Bell,
, Biddle, Bond, Borden, Bouldin Bnggs, William B Calhoun,
( John i alhoon, William B Campbell, Carter, Clumbers,
Cheatham, Chtlds,Clark, Corwm, Cranston, Cushing Daw-
«on,D ivies Deberrv Dennis Dunn Evans, Everett, Ewing,
Rich ml Fletcher i iltmoro, Rice Gailand, Giddmgs,Goode,
JamesGriham V\ illiim Graham Grenncll, Hall, Balsted,
Harper Hasting 11 iwcs, ilinrj Herod, Tic ffmaii, Jabez
Jackson, Jenifer llenrj Johnson \\ ilhamC Johnson,Ken
ned\ L(¿arc, Lincoln Mallorj M trvin, May, McKennan,
Mencfee Mercer, Million, Mitchell Savior, Noyis, Ogle,
Pi aree Peck, Pope, Potts bcrgeant S Prentiss, Putn un,
Rindtn, I andolph, liied, Rid^u ly, Robinson, Itumsey,
I ussell, Saltonstall, 'sergeant Augustine H Shepperd,
Shields Sibley, Slado, Stuart Stiatton Tahalerro, 7 liomp
son, lilltnghast, Toland Undetwood Alberts White,
John Wlnte, Lewis Williams, Christopher H Williams,
W ise, W ord, and \ orke—ÍM
So the whole subject was laid on the table
MEMORIAL.
|     Mr FLETCHER, of Vermont, on leave, pre-
I sented the memorial of the inhabitants of St Al-
I bans, Veimont, upon the subject of the attack on
I the steamei Caiolme, the neutiahty law, and the
disturbances on the Canadian frontier
I
REPORT FROM  A COMMITTEE.
Mr  EVERETT, from the  Committee on In-
dian Affairs, reported with amendments Senate
I bill to appoint  commissioners to adjust claims
under the Choctaw treaty
.                       COMMODORE ELLIOTT.
Mr NAYLOR, from the select committee ap-
I pointed to inquire into the conduct of Commodore
! Elliott, while commanding in the Mediterranean,
on leave, made a report thereon, which was read,
and was accompan'ed by the following resolu-
I tions
Resohed That an interference by the House of Represent
atives, in the disputes that occur between suboidinateoifi
eers of the Navy and their sup< nors, commanding squad
rons, is a power which ought at ah times to be exercised with
great caution, andis calculated to produce insubordination
m that important arm of the national defense     But, in the
opinion oí this committee, itis competent tor the Represent
1 atives of the people to investigate any abuses aiieged to be
committed by officers m command of squadrons, and to
provide by law, for the recurrence of such abuses, and more
i over to investigate and ascertain «hether the head of the
Navy Department may have used such means as are placed
in his hands by law to punish and prevent any such alleged
abuses
Resohed, That the most appropriate remedy for sueh
' subordinate officers is an appeal to the Secretary of the
I Navy for a court of inquiry to investígate the charges ex
| hibited against their superiors, and from his decision the
party aggrieved may appeal to the President who, by the
1 Constitution, is Commander m Chief of the Navy , he, as
! well as the Secretary, being liable to an impeachment lor
a willful and corrupt violation or neglect of duty
Resohed, That the time allowed this committee is msttffi
cient to enabl  them to make a full and thorough examin
ation of the subject committed to them , that even a lira
ited and partial examination would require them, contrary
to the duty they owe to their immediate constituents and
the country at large, to be absent darts during the sittings
. of the House at this important period ot the session
I     Resolved, there/ore, That it is inexpedient to commence
the investigation at this time, and that the chairman report
i these resolutions, with the journal oí our proceedings, to
1 the House, together with the opinion of this committee that
no quorum
Mt  S  íesumed and concluded, when the com-
mittee rose, and the House adjourned.
IN SENATE
Saturday, February 23, 1839
Mr. LYON presented the petition of Israel'V.
Harris and others, praying the establishment of
a post road from Kent, in Kent county, through
the town of Tallmadge, to Muskegon, m Ottowa
county, Michigan.
Also, two petitions signed by one hundred and
sixty five inhabitants of Kentcounty, Michigan,
praying an appropriation for the construction of
a harbor at Port Sheldon, in said State; which
were referrtd to the Committee on the PostOjiiioe
and Post Roads
Mr BENTON presented three petitions i«MB
persons asking for preemption rights, which were
referred to the Committee on Pubhe Lands, and
ordered to be printed.
Mr. KING presented a memorial of sundry
citizens residing m Key Vaccas, praying Con-
gress that all legislation on the subject of making;
Indian Key a port of entry may be postponed
until further investigation, which was referred to
the Committee on Commerce, and ordered to be
printed
Mr YOUNG submitted a report of the Board
of Public Works of the State of Illinois, which
was laid on the table, and three hundred extra
copies ordered to be printed.
Mr BENTON presented apetition from Thom-
as Coyle, which was referred to the Committee
on Patents and the Patent Office
Mr LINN presented the papers of Peter De-
selle, in relation to a land claim, which were re-
ferred to the Committee on Private Land Claims.
REPORTS FROM COMMITTEES.
Mr SMITH, of Connecticut, from the Com-
mittee on Revolutionary Claims, to whi«h was
referred the petition of the heirs of William Rum-
sey, and the petition of the heirs of John L De
Van Brun, asked to be discharged from the further
consideration thereof, which was agreed to.
Mr NORVELL, fiom the same committee, to
which was referred the bill for the relief of Jo-
seph R Folsom, and the owners and crew of the
bug Galaxy, reported the same without amend-
ment
Mi LYON, from the Committee on Private
Land Claims, to which was referreia petition of