The Congressional Globe, Volume 7: Twenty-Fifth Congress, Third Session Page: 221 of 687
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THE CONGRESSIONAL GLOBE.
Joseph Campan, for the confirmation of his title
to a tract of land, reported a bill for his relief;
which was read, and ordered to a second reading,
and the report ordered to be printed.
Mr. L. also, from the Committee on Roads
and Canals, to which was referred the bill to au-
thorize the construction of certain improvements
in Wisconsin, reported the same without amend-
The following bills were severally read the third
time and passed:
An act for the relief of Dennis Tramell;
An act for the relief of Joseph M. Hernandez;
An act for the relief of the legal representatives
of Thomas Glascock, deceased;
The bill to grant to the State of Indiana the
right of preemption to a quantity of land, to aid
in the construction of a railroad from New Al-
bany, Indiana, to Mount Carmel, in Illinois; and
The bill to amend the act of 3d March, 1834,
supplementary to the act entitled " An act to
amend the judicial system of the United States."
The bill to fix the minimum price of the public
lands acquired by the Miami treaty of November
The bill for the relief of John A. Jacocks;
A bill for the relief of Benjamin Murphy;
A bill for the relief of Samuel Collins; and
The bill to amend the act of Sd March, 1837,
entitled " An act supplementary to the act enti-
tled « An act to amend the judicial system of the
United States,'" and for other purposes, after
being amended on motions of Messrs. LINN,
CLAY of Alabama, NORVELL, and SEVIER,
were severally ordered to be engrossed.
The bill to explain and amend the fifth section
of the act for the better organization of the Uni-
ted States Marine Corps was read the second time
as in Committee of the Whole, and ordered to be
engrossed for a third reading.
fhe bill to provide for the appointment of a
board of commissioners to hear and examine
claims against the United States, was taken up,
and considered as in Committee of the Whole;
and, after some remarks from Messrs. BAYARD,
WALL, SEVIER, HUBBARD, PRENTISS,
BENTON, CALHOUN, and SMITH of Con-
necticut, was ordered to be engrossed for a third
The VICE PRESIDENT said, that according
to usage he did not intend to resume his seat in
the Senate this session. He had a great deal of
correspondence and some business at the public
offices to attend to, which the Senate knew that
he could not do while performing his duties in
the chair, and therefore his absence from the Son-
ate became indispensably necessary. He would
take this occasion to express his obligations to
the members of the Senate for the kindness and
courtesy with which he had been treated during
the years he had presided over their deliberations,
and he concluded by wishing them all a safe and
happy return to their families and their homes.
The Senate then adjourned.
HOUSE OF REPRESENTATIVES.
Saturday, February 23,1839.
Sundry bills from the Senate were taken up,
read twice, and referred to their appropriate
ARMED OCCUPATION OF FLORIDA.
The bill to provide for the armed occupation of
Florida, being taken up,
Mr. ROBERTSON moved that it be laid on
Mr. DOWNING earnestly solicited the gen-
tleman to permit the bill be committed.
Mr. ROBERTSON declined.
Mr. DOWNING moved to refer it to the Com-
mittee on Military Affairs.
Mr. YELL appealed to Mr. R. not to press his
Mr. ROBERTSON again declined, but subse-
quently withdrew it.
Mr. YELL moved its postonement till Mon-
Mr. ROBERTSON moved its indefinite post-
Mr. CRAIG. That opens the whole merits
of the question.
Mr. YELL withdrew his motion; and the ques-
tion recurring on that to commit,
Mr. ROBERTSON opposed the bill with much
earnestness, as, in effect, a proposition to add ten
thousand men to the standing Army. If commit-
ted at all, he insisted it should be to a select com-
mittee; and if to any standing committee, it
should be that on Public Lands. Morever, there
was no time for the due consideration of a meas-
ure of so much importance. If the system was
a good one for Florida, why should it not be for
the western portions of Missouri and Arkansas?
It was, in effect, (he said,) a proposition to give
away three million acres of the finest land in the
world. Mr. R. concluded by renewing his mo-
tion to lay the bill on the table.
Mr. STANLY moved a call of the House;
upon which motion,
Mr. WILLI AMS, of North Carolina, demand-
ed the yeas and nays; which, being ordered, were
—yeas 89, nays 60.
So the call was ordered, and proceeded in until
one hundred and eighty-eight members answered
to their names; when,
On motion of Mr. CAMBRELENG, all further
proceedings in the same were dispensed with.
The question then recurred on the motion to
lay the bill on the table; upon which
Mr. GRENNELL demanded the yeas and
nays; which were ordered, and were—yeas 91,
nays 94; as follows:
VEAS—Messrs. Adams, Alexander, Heman Allan, John
W. Allen, Aycrigg, Biddle, Bund, Borden, Brings, Wil-
liam K. Calhoun, John Callioon, Carter, Chambers, Cheat-
ham, Cranston, Crockett, Curtis, dishing, Davies, De-
herry, Dennis, Dunn, Edwards, Everett, Ewing, Richard
Fletcher, Fillmore, Giddings, Coodc, James Graliam, Wil-
liam Giaham, Graves, Giennell, Hall, Ilalsteti, Hamer,
Haiper. Hustings, Hawes, Henry, Herod, Iloifman, Robert
M. T. Hunter, Jabez Jackson, YVilIiam C. Johnson, Ken-
nedy, Lincoln, Marvin, Sampson Mason, Maury, Max-
well, Mclveiman, Mcneiee, Mercer, Mtlhgan, Mitchell,
Calvary Morris, Naylor, Ogle, Pearce, Potts, Sergeant S.
Prentiss, Putnam, Itariden, Randolph, Renchcr, ltidgway,
Robertson, Robinson, Kumsey, Russell, Sergeant, Shields,
Sibley, Slade. Southgate, Stanly, Stuart, Stone, Stratton,
Taliaferro, Tiliinghast, 'Poland, Underwood, Webster, Al-
bert S. White, John While, Lewis Williams, Sherrard
Williams, Word, and Yorke—91.
YEAS — Messrs. Andrews, Atherton, Banks, Beatty,
Beers, lieirne, Bieknell, liirdsall, Bronson, Buchanan,
Camhrcleng, William 1!. Campbell, John Campbell, Casey,
Chapman, Clark, Chnvney, Coles, Connor, Crabb, Craig,
Cushnian, Dawson, Dromgoole, l'JImore, Partington, Isaac
Fletcher, Foster, Fry, Gallup, James Garland, Rice Gar-
land, Glascock, Grant, Gray, Gnfliii, Haley. Hammond,
Harrison, Hawkins, llayncs, Holscy, Holt, Howard, Ing-
ham, Henry Johnson, Joseph Johnson, Nathaniel Jones,
Kenn, Khngensmith, Logan, Lyon, Maiíory, James M.
Mason, Martin, McKay, Robert MeClellan, Abraham Mc-
Clellan, Miller, Montgomery, Moore, Morgan, IVoble,
Noyes, Owens, Palmer, Parker. Farmenter, Tarns, Payu-
ter, Pennybaekei, Petriktn, Pickens-, Pltimer, Pratt, John
II. Prentiss, Richardson, Rives, Sawyer, Shcfler, Sheplor,
Spencer, Svvcanngcn, Taylor, Thomas, Thompson, Titus,
Toucey, Towns, Turncy, Vail, Weeks, Jared W. Wil-
liams, and Yell—0-1.
So the House refused to lay the bill upon the
The question then recurred upon the motion
to commit the same to the Committee on Mil-
itary Affairs; but before taking the vote upon the
Mr. ROBERTSON moved to refer so much of
the bill as provides for a survey of the lands to
the Committee on Public Lands, and so much as
relates to a supply of grain to the Committee on
Mr. CAMBRELENG moved that the House
go into the Committee of the Whole on the state
of the Union, to consider the general appropria-
tion bill, but waived it for the present, at the re-
Mr. THOMAS, on whose motion the House
took up and considered Senate bill entitled " An
act in amendment of the acts respecting the judi-
cial system of the United States."
Mr. SERGEANT made a few remarks in re-
lation to the nature of the bill.
Mr. TFIOMAS hoped the bill would be acted
on now, as it had passed the Senate twice, had
been favorably reported upon by the Judiciary-
Committee of the House, and had met the ap-
proval of the whole body of the judiciary.
Mr. SERGEANT made a few further remarks
in defense of the bill; after which,
Mr. ADAMS inquired what punishment had
been substituted for the whipping and pillory for
felony, which, he perceived, had been abolished.
He did not think a substitute had been provided
Mr. SERGEANT was understood to say that
only a part of the punishment for felony had
been abolished, and that the other portion, im-
prisonment, remained. The bill had undergone
full investigation, and had met the approval of
the Judiciary Committee and the judges of the
Supreme Court, and hoped it would pass without
Mr. ADAMS said there was strong authority
to sustain the bill, and was unwilling to make any
serious objection to it; but there were a number
of alterations of the present code, and should like
time to give it more mature consideration. There
had been two ignominious punishments for felony
abolished, (whipping and the pillory,) and no
reasons had been assigned therefor; and for the
withdrawal of these, there should at least some-
thing be substituted. The pillory was an igno-
minious punishment; but to throw the felon back
upon the provisions of the former law which was
left, was an aggravation of his punishment, and
doing him great injustice. He was not willing
to give up the punishment of the pillory, because
it operated upon the mind; it acted upon the moral
feeling of the man, and not upon his physical
powers, as imprisonment did; it operated upon
the reputation, and not upon the person; and he
considered those punishments which operated
upon the moral feeling the best, and would be in
favor of increasing the penalties in this respect,
and alleviating those upon the physical man.
He would like to see the practice restored to the
Mr. CAMBRELENG said that this was a
Senate bill, and could be acted upon at any time;
and, by the rules of the House, we had but three
days left in which we could send bills to the Sen-
ate, originating in this body; and he hoped the
House would either act upon it without further
debate, or postpone it until next Friday or Satur-
The bill was then, without further debate, or-
dered to a third reading on Monday next.
The SPEAKER laid before the House a com-
munication from the Postmaster General, in com-
pliance with a resolution of the House of Repre-
sentatives of the 11th instant, transmitting all the
facts in relation to the existing contract for carry-
ing the mail from Louisville, Kentucky, to New
Orleans; which was laid on the table, and or-
dered to be printed.
Also, a communication from the Postmaster
Genera], in pursuance of acts of Congress, trans-
mitting the annual report of the contracts made
for the transportation of the mail within the year
preceding the 1st of July, 1838; also, a statement
of all land and water mails established or ordered
within the same year, other than those let to con-
tracts at the annual lettings, together with a copy
of the abstract of the offers made thereon, also,
various other information under several acts of
Congress; which were, on motion of Mr.BRIGGS,
referred to the Committee on the Post Office and
Post Roads, for the purpose of ascertaining what
was to bo printed.
CIVIL AND DIPLOMATIC BILL.
On motion of Mr. CAMBRELENG, the House
resolved itself into Committee of the Whole on
the state of the Union, (Mr. Banks in the chair,)
to consider the civil and diplomatic appropriation
bill. The immediate question before the House
was the motion of Mr. Bronson to limit the ap-
plication of the contingent fund for the support
of the Supreme Court.
Mr. GARLAND, of Virginia, who was enti-
tled to the floor, pro*eeded to discuss, at length,
the policy of the past and present Administra-
tions. He vindicated the Conservatives from the
charge that they had abandoned the principles of
General Jackson's administration, and said that
they were governed by patriotic motives, &c.,
and gloried in his efforts to break down the Bank
of the United States. He advocated the com-
mitment of the public treasures of the nation to
tlie banks, made some strictures upon Mr. Van
Buren's letter to Sherrard Williams, and depre-
cated the idea of a specie currency, and con-
tended that it was impracticable to carry on the
commercial operations of the country; denounced
the sub-Treasury bill as a scheme to increase
Executive patronage and power, and would op-
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Blair & Rives. The Congressional Globe, Volume 7: Twenty-Fifth Congress, Third Session, book, 1839; Washington D.C.. (digital.library.unt.edu/ark:/67531/metadc29275/m1/221/?q=duncan: accessed November 12, 2018), University of North Texas Libraries, Digital Library, digital.library.unt.edu; crediting UNT Libraries Government Documents Department.