FEB. 16, 17, 1831.]

National Road.--Punishment of Crimes in the District of Columbia.

[SENATE.

WEDNESDAY, FEBRUARY 16.

the committee to this clause.

kindred offences, it seemed to him, would be productive of Under these circumstances, he The Senate then took up the following resolution, sub-more evil than benefit. moved to recommit the bill to the Committee on the Dismitted yesterday by Mr. LIVINGSTON: "Resolved, That a committee, to consist of three mem-strict of Columbia, to give an opportunity for its revisal in bers, be appointed to prepare and report, at the next ses this particular. sion, a system of civil and criminal law for the District of Mr. WOODBURY observed that there was another Columbia, and for the organization of the courts therein." clause in the bill which to him seemed rather extraordinaOn this resolution a debate took place, which lasted ry. It was that which made the offence of gambling punishuntil near three o'clock, in which Messrs. LIVINGSTON, able by confinement in the penitentiary. He wished, if CHAMBERS, WEBSTER, FOOT, FORSYTH, HAYNE, the bill should be recommitted, to draw the attention of BIBB, and NOBLE, took part. After so long a discussion, the debate was arrested by Mr. CHAMBERS said, the clause alluded to by the genMr. FOOT, who read a paragraph from Jefferson's Man-tleman from South Carolina, [Mr. HAYNE,] that of duelling, cal, to show that, after an adjournment of Congress, no had met the attention of the committee, and the force of committee could sit in the recess, the two bodies being some of the objections had been felt. dissolved. He moved to lay the resolution on the table; the subject, the most objectionable clause was that in relawhich motion prevailed. tion to testimony in relation to duels, where witnesses were called upon in cases of prosecutions for duels. He could not say that this was entirely reconcilable with his views of right; but, with regard to classing this crime with others of an infamous character, it was conceived that the most effectual way of destroying those fatal ideas which honorable and high-minded men entertained of the prac tice, was to degrade it, and place it on a level with crimes of the most infamous hue. This course, it was believed, would do more to exterminate this fell evil from the land

THURSDAY, FEBRUARY 17.

NATIONAL ROAD.

Mr. BURNET laid before the Senate a letter from the Governor of the State of Ohio, transmitting a law passed by the General Assembly of the said State, entitled "An act for the preservation and repair of the United States' road" within the limits of that State.

In his own view of

Mr. B. remarked, that the first section of that law, and than any other. It was designed to assign it that low and the first clause of that section, declared that the act should degraded rank, in crimes, which should make it infamous, not take effect, or be in force, until the consent of Con- and thus save the honorable and high-minded portion of gress had been obtained; that, by the general provisions mankind from participating in it. It was evident to the of the law, the Governor was authorized to erect toll-gates committee that nothing but public sentiment could correct within the State, on such parts of the road as have been, this great evil; and if it was the sense of the Senate that or might hereafter be, finished, at distances not less than the provision of the bill was inexpedient, it would be twenty miles; that the law established a rate of toll; that it re-shown by voting for its recommittal. quired the money collected to be paid into the State treasu- The view taken by the gentleman from New Hampshire ry, and kept in a separate fund, to be called the United [Mr. WOODBURY] on the penalty for certain kinds of States' Road fund, the whole of which was to be expended gambling, also deserved some consideration. He could, in the repair and preservation of the road, and for no other however, inform that gentleman that the provision was purpose whatever, and that no more money should be not entirely a new one. He instanced a case in his own collected than might be necessary for that purpose. He State, (Maryland,) where an individual had been incarcealso said, that the rights and privileges of the United States, and of every individual State, were secured by the provisions of the law; that the mail was to pass free; that all persons in the service or employ of the United States, or either of them, and all property belonging to the United States, or either of them, was to pass free of toll; and that the law contained provisions for the punishment of persons who might be detected in the perpetration of malicious mischief, injurious to the road. Mr. B. moved that, for the present, the document lie on the table, and gave notice that he would, to-morrow, ask leave to introduce a bill declaring the assent of Congress to the law which he had presented.

The act was accordingly laid on the table.
PUNISHMENT OF CRIMES IN THE DISTRICT OF
COLUMBIA.

The bill for the punishment of crimes in the District of
Columbia was then taken up for a third reading.
When the bill had been read through,

Mr. HAYNE remarked that he had not paid that attention to the bill which would justify his acting upon it. He thought, however, that he heard the Clerk read a clause (in the 12th section) making it a penitentiary offence to send a challenge to fight a duel. He asked that it might again be read.

rated in the penitentiary for this crime. In relation to the evidence of this crime, also, it was well known that it was difficult to procure it by any other means than through those who were themselves the victims, and were entrapped in the toils of the gambler.

Mr. C. said, if it was the sense of the Senate to recommit the bill, he should not strenuously oppose it, though he thought, as the subject was now before the Senate, its features could be regulated there.

Mr. WOODBURY said, in relation to the clause which he had alluded to, that of making gambling a penitentiary offence, he would only remark, that in the State which he had the honor in part to represent, and, indeed, in all the Eastern States, where it was conceded that the people were as strict in their moral views and feelings as in any part of the world, the crime in question was only punishable by fine. It might be, that in other parts, where the evil was more prevalent, stronger punishments were requisite. Of this he would not pretend to judge; though, in most of the constitutions of the Eastern and Northern States to which he had adverted, a clause was inserted declaring that no new or inordinate punishments should be inflicted.

Mr. POINDEXTER said that he was not an advocate for

duelling. He referred to the laws of the several States upon the subject; to those of New York, Virginia, and, [After the reading of the 12th section of the act, which he believed, North Carolina. In those States the penalty ranks duelling with forgery and other infamous crimes,] for duelling was disqualification from office; and officers Mr. H. said he was no advocate of duelling. He would were required to take an oath that they had not been, and be very glad if any means could be devised to put an end would not be, engaged in a duel. This was as far as to the practice. But his experience had taught him that any of the States went in their enactments on the subject. every attempt to legislate unreasonably upon that subject The honorable gentleman from Maryland, said Mr. P., had only tended to make the matter worse. To class it, must be aware that the most distinguished, the most honoras the present bill did, with the crime of perjury and its able, and high-minded men in this or any other country

VOL. VII.--14

SENATE.]

Punishment of Crimes in the District of Columbia.

[FEB. 17, 1831.

had been involved in duels; and he asked if there was not punish all such offensive words as come under the appelreason to fear that the suppression of the practice would lation of libels and slanders, but not those minor offences lead to a worse result, the introduction of the stiletto. If under the denomination of insults. In one case, the perduelling were rendered infamous or impracticable, would son aggrieved brings his suit at law; in the other, he sends not men find it necessary to wear a dirk to defend them-a challenge. The reason is obvious; for these are the only selves from insult? If a man of independent mind and remedies in his power. honorable feelings partook of none of the characteristics Mr. L. here introduced a letter on this subject, referring of a bully, he would still defend his honor at any hazard. to the effects of the course pursued by the State of VirHe asked if such a result had not been seen in Virginia, ginia, and an advocacy of that policy which renders duelwhere penalties had been imposed upon the practice. He lists incapable of holding office. In this, Mr. L. said did not advert to that State with any feelings of disrespect; there was high authority for the belief that the enactments far from it; for there were men who held it creditable of Virginia had been highly beneficial. Mr. L. said he difto be tenacious of their honor. But he believed that fered from his friend from Mississippi, [Mr. POINDEXTER,] the enactment of severe penalties would have the tenden-in the idea he ad advanced that the suppression of duelcy of compelling men to resort to the knife to redress their ling would introduce the use of the stiletto. It was not in personal wrongs. In legislating for the District of Colum- the nature of the American people to resort to such instrubia, Congress should not go further than any of the States ments. It did not belong to them. But there was another have gone. He was in any event opposed to ranking this evil to be feared. It was that of impunity; the difficulty offence with the most infamous of crimes. of procuring testimony in cases of duels, and the strong Mr. FRELINGHUYSEN said he should oppose the re-feelings entertained by jurors themselves in exculpation of commitment of this bill. If no other consideration had offenders. The reason of this was obviously that the pudone so, the remarks of the gentleman from Mississippi nishment was altogether disproportionate to the offence. [Mr. POINDEXTER] had convinced him of the propriety Such he conceived to be the case in the present bill. He of its provisions. He was ready to grant that high-minded would favor the plan of disfranchising offenders, and thus and honorable men had given countenance by their exam- affecting their pride and ambition, as the surest mode of ple to this barbarous usage. But would any man, in this preventing the commission of the offence. He should age, contend that it was essential to resort to the pistol or therefore vote for recommitting the bill. the stiletto to avenge personal injuries? He approved of Mr. TYLER said, he confessed he had not before unthis bill, and this mode of legislating upon this subject. It derstood the full force of this particular provision in the was saying to these high-minded and honorable men, if bill. For his own part, he was fully persuaded of the inyou persist in this infamous practice, we must show you efficacy and inadequacy of all legislation upon this subject. that there is a power stronger than your false notions of The idea of preventing duelling by punishments was a honor. It is found in the laws of your country; and the futile one: and enacting laws providing for shutting a result of your perseverance must lead to disgrace, degra- man up in the penitentiary for the offence, was an absurdation, and infamy. dity. Why, said Mr. T., the very motive of the offender Mr. F. said he was about to state, before he heard the laughs at your bolts and bars; and shall he be deterred by remarks of the gentleman from Mississippi, [Mr. PoIN- such a motive, while he braves the hangman's halter? DEXTER,] what his own experience had taught him on this The gentleman from New Jersey [Mr. FRELINGHUYsubject. In the State which he had the honor in part to SEN] had attributed the decrease of the practice of duelrepresent, the only way to put down the practice had ling in his State to the enactments of the Legislature; but been found to be to brand the act with infamy. Such if that gentleman would seriously reflect upon the matter, measures had been taken, and it had had the desired he believed he would coincide with him in attributing the effect. It would doubtless have the effect here; for when effect to a deeper cause than any influence of law. He the legislators of the country put their seal of condemna- must also reply to an observation of his friend from Missistion upon it-when the youth saw that their fathers and sippi, [Mr. POINDEXTER,] who supposed that the people legislators were bent on putting it down, it would soon of the State which he had the honor in part to represent, grow into disrepute, and fall under the predominance of were driven to the use of the stiletto in consequence of the correct sentiments. In trying the experiment in the State enactments against duelling. of New Jersey, it was, indeed, found necessary to show that the pains and penalties enacted against the offence were meant to be enforced. But when this was discovered, and Mr. T. said they were extremely rare; he had known the brand of infamy was affixed to the crime, it had, in a of none since the enactments of the law against duelling. measure, ceased to exist; it had had the effect of correcting At the time of its enactment, such anticipations had been the public sentiment. It is such an evil, said Mr. F., as harbored, but they proved to be mere creations of the every good man should unite his influence and his interest imagination. No such results had flown from it. The in correcting. Mr. F. said, in commencing the operation operation of the law had had directly the opposite effect; of the corrective in New Jersey, fears of some of the evils and this was felt by those whom it operated on. predicted by the gentleman did seem to be justified. But fiery spirit of the South would sometimes manifest itself, now, since it had been rendered infamous, if the crime was said Mr. T., in their young men, and result in a challenge ever committed, it was done by stealth only. to fight a duel. His experience taught him that the con

[Mr. POINDEXTER explained. He believed the instances were rare.]

The

Mr. LIVINGSTON said, the difficulty here encountered sequence was a greater degree of urbanity in the interin this bill was a proof that it had been hastily drawn, and course of individuals, and he could safely say there were less had not received that attention and digestion which it re- personal difficulties or broils existing in the circles of sociquired. Of this he was before fully aware, when he had ety among his constituents than could be found elsewhere. submitted his proposition of yesterday, which had been He could attribute it to no other cause than the one he had laid upon the table. He had not intended, however, to adverted to. If you would put down this evil, said Mr. T., have interfered with the progress of the bill by making a think not to do so by means of punishments. Attack the single remark. But since a motion had been made, on standing of the individuals in their eligibility to office, and which he must give a vote, he would make a few explana- you come nearer to the root of the offence. He agreed tory observations. with the gentleman from Louisiana, that to shut the door Mr. L. said there was, perhaps, no subject in criminal to office, honor, and emolument, to the participators in the jurisprudence, on which so many inconsiderate steps had offence, was the most effectual method of correcting it. been taken, as that now under discussion. Existing laws Do this, and your work is accomplished.

FEB. 18 to 21, 1831.] General Appropriation Bill.-Turkish Negotiation.--Internal Improvements.

SENATE.]

Turkish Commission.

[FEB. 22, 1831.

prepared by him, would have been satisfactory to the who witness my present condition, to pardon this ungrate Senate, and to the people. He had received the co-opera-ful obtrusion upon their attention.

Mr. DUDLEY said that the gentleman from Virginia was correct in what he had stated. He could not, how ever, sanction the report prepared by that gentleman, and was, for himself, of opinion that it would be better for the committee to make no report on the subject.

tion of the Senator from Mississippi [Mr. POINDEXTER] In moving to expunge that portion of the amendment in the committee, though that gentleman and himself being proposed by the committee, which goes to provide for in the minority, they had been overruled. He felt this the payment of "an outfit and salaries" to "the commisexplanation due to himself. Whether a report would be sioners," appointed as well by the late as by the present made, must, then, of course, depend on the majority of President, to negotiate a treaty with the Sublime Porte," the committee. He had taken this opportunity to shake I stated most explicitly that it was not my purpose to off all responsibility, so far as he was concerned. deny to these persons the money which the committee proposed to award as compensation for the services they were supposed to have rendered; but that my object was to express, in this manner, my own decided disapprobation of what had been done in this behalf, as well as of the mode in which this remuneration was now proposed Mr. HAYNE suggested, for the consideration of the to be awarded to them. I said, that if a bill having for committee, that when they had arrived at the conclusion its object the compensation of these persons, should be not to make a report, it would be well for them to move introduced into the other Heuse, where it ought to origito be discharged from the further consideration of the nate, and should receive the sanction of that body, such subject. a bill would meet my cordial support here, even if it Mr. HENDRICKS said, a motion like the one just sug-should bestow upon these individuals more than the com gested, he might probably have made, but for his opinion mittee proposed to allow them by their amendment. This that it would lead to a debate, tedious and unprofitable. explicit declaration, repeated more than once, I had supHe had no disposition unnecessarily to consume the time of posed, would have protected me against the imputation that body. There were matters for consideration before of the Senator from New York, [Mr. SANFORD,] which was the committee, which he thought were of more importance, strongly implied in the question he propounded, when he and should have the preference. If any member of the so emphatically asked if I meant to claim to the United committee chose to make the motion suggested by the States the full benefit of the labor and time of these gentleman from South Carolina, certainly he should not persons, and deny to them any equivalent therefor. To object to it. this question, thus asked, I will again answer with equal Mr. POINDEXTER said he had carefully examined emphasis, No. It is not my wish to refuse to these men the draft of a report before referred to, prepared by the one single cent. So far from it, inconsiderable, nay, gentleman from Virginia, [Mr. TYLER,] and he felt it due doubtful, as I believe the benefits to be, which they are to himself to say that he coincided with the views of that supposed to have rendered, yet I will go hand in hand gentleman, as expressed in the report. The question of with the Senator from New York, or any other, in awardconstitutionality was not dwelt upon in it: it had reference ing for their service, not a mere quantum meruit, but a to the expediency of involving the nation in a debt which, liberal and ample allowance for all their time and all their in his opinion, could never be paid. The influence which labor, nay, even for their honest though mistaken efforts such an extensive Executive patronage would have upon in this regard.

the institutions of the country was also noticed. By rea- Having said thus much, I must take the liberty of sig son of the objections of the gentleman from New York, nifying to the honorable Senator from New York the [Mr. DUDLEY,] the committee had not agreed upon a re-very wide distinction (which to my own mind is quite obport. No report would be made, therefore, unless that vious) between such a voluntary award of compensation gentleman would concur with the minority of the com-to those who intended well and acted honestly, and voting mittee; and on him, in consequence, would the responsi- an appropriation of money, upon the application of the bility rest.

Executive, in redemption of the faith of the State, said to be pledged by those who I cannot agree had any authority so to commit it. One would be the acknowledgment of a debt, of a demand of strict justice, which, although Congress may have the physical power, they have not the moral right to refuse. The other is a mere application to our equity, not addressing itself in any way to our plighted faith. One is a common exercise of our power of appropriation, connected with nothing but the special merits of the particular case, and consu tuting no obligatory precedent for any other even of a like kind. The other is a direct sanction of what I beThe Senate resumed the consideration of the amend-lieve to be an unconstitutional act of the Executive, and ments to the bill for the support of Government for the a voluntary abandonment on the part of the Senate of its year 1831; the amendment offered by Mr. TAZEWELL, and rights and privileges. One mode of proceeding would as further proposed to be amended by Mr. KANE, being furnish to the other House all the facts existing in the the pending question.

Mr. P. (no other gentleman rising to speak) then remarked that there was some business of a confidential nature left unfinished at the time of adjournment on Saturday, and he would now move to go into the consideration of executive business. The motion prevailed, and the Senate sat with closed doors until near four o'clock; when The Senate adjourned.

TUESDAY, FEBRUARY 22.

THE TURKISH COMMISSION.

Mr. TAZEWELL rose, and addressed the Senate as follows:

case, and necessary to a correct exercise of their discre tion over it. The other is well calculated to mislead that body, by holding out the idea that the appointment of the persons for whom compensation is thus provided, has received the confirmation of the Senate; and that the public faith is thereby pledged to award to them the allowance customary upon such occasions.

If I had consulted my feelings, rather than my sense of duty, I certainly should not have made the motion I did a few days since, by which the discussion then commenced has been produced. In this discussion, the infirmity under which I labor prevented me at that time, and, I fear, The Senate cannot fail to understand the broad differwill still disable me, from doing justice to the subject. ence between the two cases; and, whatever may be their But, as I have commenced the task, (however laborious opinion of the correctness of the principles upon which and even painful it must be in my present situation,) I will this distinction depends, they will nevertheless see in the now endeavor to complete it, confiding in the Senate, distinction itself the reasons for the course I am disposed who well know how I am connected with this matter, and to pursue. This course will lead me to co-operate wil

FEB. 22, 1831.]

Turkish Commission.

[SENATE.

lingly with the most liberal, in awarding compensation to be exchanged against similar powers to be granted by these individuals for what they have done, whenever that him to others who might equally possess his confidence. subject shall be brought properly before me, but will not To whomsoever this seal was shown, it proved itself. permit me to vote one cent, in the mode now here pro- When recognised by any sovereign, it entitled those who posed. bore the commission it authenticated, to all the rights, If any Senator, said Mr. T., shall concur with me in privileges, and immunities accorded to the ministers of any the opinion I have thus expressed, that the power which potentate on earth; and authorized them to pledge the has been exercised by the President upon this occasion faith and honor of this nation to the performance of any is not granted, but forbidden to him by the constitution, act within the scope of the full power it purported to beand that its exercise has been in flagrant violation of the stow. This is the character of the commission granted rights and privileges of this body, conferred upon it for by the President upon the present occasion, a copy of the wisest purposes, then I know that my motion will re- which is now upon our files. ceive support. But if a majority of the Senate shall dif- In pursuance of this commission, and of the instructions fer with me in this opinion, it will be rejected, as it ought that accompanied it, Mr. Rhind, one of the commissionto be. In any event, however, I shall have the satisfaction ers, proceeded from New York (where he then was) to of bringing this much vexed question to a conclusion. Constantinople. The other two commissioners were alreaPresented as it now is, it must be decided one way or the dy near the scene of action; one of them being the com other. There exists no mode of eluding it. It is the mander of our squadron in the Mediterranean sea, and the conviction of this, which gives to the present discussion other a commercial agent of the United States, resident all the interest it has for me; and which alone could have at Smyrna. Arrived at Constantinople, Mr. Rhind exinduced me to trespass upon the attention of the Senate hibited his commission to the Sultan, was received and accredited as the representative of the United States, and It has now been so long since I presented to the Senate his proposal to negotiate a treaty was accepted. Other a statement of the facts existing in this case, out of which ministers, clothed with equal authority, were then appointthe questions I mean to discuss arise, that it seems neces-ed by the Turkish monarch, to confer with him upon this sary to preface what I have to say by a brief recital of subject. They met, exchanged their powers, and began them again, that none may suppose I am about to waste the business of negotiation. This was terminated by a your time by an idle dissertation upon some mere abstract treaty, which, although it bears date early in May, 1830, proposition, which, whether true or false, is of little con- I will presently show was not concluded until several sequence to the country. I hope, therefore, that the weeks afterwards. Senate will favor me with their attention, while I repeat the statement formerly given.

at this time.

The Senate of the United States met on the first Monday in December, 1829, and continued in session until the last Monday (being the 31st day) of May, 1830. During this whole period, no information of these appointments was ever communicated to this body, nor were they at any time consulted, in any form whatever, as to the propriety of instituting this mission. The message of the President to both Houses, at the opening of the present session of Congress, in announcing that a treaty had been entered into with the Sublime Porte, gave the first intimation to any Senator, that any negotiation had ever been had with that Power.

Between the Ottoman empire and the United States no political connexion, or diplomatic relation of any kind, ever existed, from the hour which gave birth to this republic as an independent sovereignty, until the year 1829. It is true, ineffectual attempts were made to establish such relations and connexions, by both the Adamses while they presided in our Government. But the effort of the elder Adams, although approved by the Senate, failed, by reason of the refusal of the minister appointed by him to accept his appointment, and the subsequent abandonment of this scheme by those with whom it originated. And Such are the facts existing in this case, as every memthe secret efforts of the late President to establish such ber of the Senate well knows; and, by these facts, these relations, without the advice or knowledge of the Senate, two questions are presented: Did the President possess also failed, for reasons recently disclosed to this body, to any authority to institute such an original mission during which I will not now make any further allusion. What- the recess, and without the advice and consent of the ever may have been the desires of these Presidents, how- Senate? And if he did, was it not his bounden duty to ever, the fact is undoubted, as I have stated it to be, that have nominated to the Senate at their next session the until the year 1829 there never was any connexion or re-persons he had so appointed during the recess? lation between the United States and the Sublime Porte, The amendment offered by the committee, proposing, more than now exists between the former and the empires as it does, to give "an outfit and salaries" to these "comof China and Japan.

missioners" thus appointed, is a direct affirmation of the In this state of things, on the 12th day of September, President's authority so to appoint them, and an appro1829, and during the recess of the Senate, the present bation of his course in withholding all knowledge of their President caused letters patent to be expedited from the appointments from the Senate. Then, the proposition Department of State, signed by his own proper hand, and involved in my motion is, will the Senate sanction this usurauthenticated by the great seal of the United States, pation of authority, which has been thus exercised in flawhereby he commissioned the three persons named in the grant derogation of their rights? This is the question; amendment proposed by the committee, to be commis- and it is vain for us to seek to hide it from ourselves. sioners on the part of the United States, and thereby power has been exerted by the President, without our endowed them with plenipotentiary powers to negotiate advice and consent; and he now comes here, asking an a treaty of commerce and navigation with the Ottoman appropriation of money, as the pledge of our acquiescence in, and approbation of, that which he has so done. Cught

Porte.

A

I beg the Senate to bear in mind that this authority was we to grant the application which has this object? I pray not conferred upon these persons by any private letter the Senate to consider the matter well, before they agree Or warrant written by a Secretary, and intended for their thus voluntarily and forever to surrender ther highest own guidance and governance merely; but that it purports privilege, conferred upon them by the constitution for the to be granted by the Chief Magistrate himself, is commu- wisest purposes. nicated to them by letters patent, under his own signature, authenticated by the great seal of the United States, addressed to all whom they might concern, designed to be exhibited to the inspection of a foreign sovereign, and to

Before I undertake to examine the questions I have stated, let me call the attention of the Senate to the nature and character of what is supposed by some to be the "trifling" power which has been exerted upon this occasion.