The Congressional Globe, Volume 13, Part 1: Twenty-Eighth Congress, First Session Page: 68
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Mr, TALLMADQE presented a memorial from
sundry citizens of Wisconsin Territory, praying for
a grant of land for the purpose of improving the nav-
igation of Fox river; which was referred to the
Committee on Public Lands.
On motion by Mr. TALLMADGE, it was or-
dered that all the papers on the files of the Senate,
on the same subject, be taken therefrom, and refer-
red to the Committee on the Public Lands.
Also presented a memorial from the same Terri-
tory, praying the aid of Congress in opening and
making a public road from Saychorrdah to the south-
ern extreme of Winnebago Lake.
On motion by Mr. HENDERSON, it was .order-
ed that the memorial of the Legislature of the State
of Michigan, praying for the creation of a light-house
on St. Joseph's or Half Moon island, be taken from
the files of the Senate and referred to the Committee
Mr. HUNTINGTON presented a memorial from
sundry citizens of Indiana, praying for the passage
of an act granting to the State of Indiana certain
unsold lands in the Seneca land district, for the com-
pletion of the great works of internal improvement
connecting the lakes with the Ohio river: referred to
the Committee on the Public Lands.
Also presented a petition from Sarah Coit of
Connecticut, the widow of Benjemin Coit, praying
for a pension: referred to the Committee on Pen-
Mr. WOODBRIDGE presented a memorial from
a number of citizens of New Buffalo, on lake
Michigan, praying for an appropriation for the im-
provement of the harbor of that place: referred to
the Committee on Commerce.
Mr. FAIRFELD presented a memorial from
Edward Kennard, in which he alleges that, in June,
1842, a fine of $100 was imposed on him by the
collector of the port of New Orleans, for omitting
to have his name endorsed on the ship's register;
that the omission was without design, and entirely
accidental; and prays for a restitution of the same:
referred to the Committee on Commerce.
Also presented a petition from Edward C. Bourne
and others, asking indemnity for French spoliations
prior to 1800: referred to the Committee on Foreign
Mr. FOSTER presented a petition from Joel M.
Smith, agent for paying pensions for the middle
district of Tenessee, praying the passage of a law
allowing compensation to him for that service; which
was referred to the Committee on Pensions.
Mr. SEMPLE presented a petition from John
Dawson, a pension agent for the State of Illi-
nois, containing a like prayer; which received the
Mr. WRIGHT presented a memorial from sun-
dry citizens of Brookfield, Madison county, New
York, in support of the application of John Keith,
a revolutionary soldier, for a pension; which, together
with the papers on file on the same subject, was order-
ed to be referred to the Committee on' Pensions.
Also presented a memorial from sundry masters
and owners of vessels of Albany county, New York,
praying Congress to pass some law in reference to
hospital moneys paid by seamen of this country, so
as to give greater security to that fund, and prevent
its cii\ ersion from the humane object contemplated
by the law authorizing its collection: referred to the
Committee on Commerce.
Mr. BERRIEN presented a memorial from the
Mayor and Aldermen of the city of Savannah, rep-
resenting that, in consequence of certain wrecks of
vessels which were sunk during the revolutionary
war in that harbor, sand-bars have formed, and
greatly obstruct the navigation thereof; and praying
Congress to make an appropriation for the removal
of the obstruction: referred to the Committee on
Also presented a memorial from the Port Society
of Savannah and Board of Aldermen, praymgthat the
remainder of the lands once forming the' site of Old
Fort Wayne be given for the erection of a sailors'
home at that place, after the streets are laid off
under a grant already made to that city: referred to
the Committee on Military Affairs.
Mr. TAPPAN presented a memorial from the
Chamber of Commerce of Cincinnati, praying for an
appropriation for the building of a chain-bridge
across the Ohio at "Wheeling-, where the national
read passes: referred to the Committee on Roads
BENTON presented a memorial from the
City Council of the city of St. Louis, representittS'
imminent danger of the destruction of the harbor at
that place, and asking; Congress to make an appro-
priation for the security and improvement of said
harbor: referred to the Committee on Commerce.
Mr. BREESE gave notice that he would ask
leave to introduce several bills, the subject-matter of
which was not heard in the reporters' gallery, ex-
cept one for the improvement of the navigation of
the upper Mississippi.
On motion by Mr. ATCHISON, it was ordered
that the petition and other papers of Nathaniel
.Pryor, praying for indemnity for certain Indian
depredations, be taken from the files of the Senate,
-and referred to the Committee on Indian Affairs.
Also, on his motion, it was ordered that the peti-
tion of Bon & Coleman, in relation to a private land
claim, be taken from the files, and referred to the
Committee on Private Land Claims.
Mr. ATCHISON gave notice that he would, on
to-morrow, ask leave to introduce a bill to establish
a government in the Territory of Oregon.
Mr. SPRAGUE presented a memorial from Phil-
ip Allen and others, praying indemnity for property
seized and condemned by the French Government
between 1793 and 1800: referred to the Committee
on Foreign Relations.
On motion of Mr. STURGEON, leave was grant-
ed to withdraw from the files the papers in the case
of Henry Newingham.
On motion by Mr. ARCHER, it was ordered that
the petition of the president and vestry of the Vir-
ginia Institution for the Education of the Deaf and
Dumb and Blind, praying a grant of land in aid of
the object of the institution, be taken from the files
of the Senate and referred to the Committee on Pub-
Mr. SEMPLE gave notice that he would, on to-
morrow, ask leave to bring in a bill to cede a portion
of the public lands to the State of Illinois for the pur-
pose of aiding in the construction of the Illinois and
Mr. PORTER submitted the following1 resolution;
which lies on the table one day, under the rule, viz:
Resohed, That the Secretary of War be requested to send
to the Senate any estimate which may be in the possession
of the department, of the cost of connecting Lakes Huron
and Superior by means of a canal around the Falls of St. Ma-
ry's, adapted to navigation by steam vessels.
The following resolution, submitted by Mr. Bar"
row on Friday last, came up, and was agreed to?
Resohed, That the President be requested to communi-
cate to the Senate, so far as, in his judgment, the same may
be done without prejudice to the public interests, such in-
formation as he may possess relating to claims of citizens of
the United States upon the Republic of Mexico; and the
correspondence which may have occurred in reference to
The following, resolution submitted by Mr. Ben-
ton, on Friday last, came up for consideration, viz:
Rewired, That the President of the United States be re-
quested to communicate to the Senate a copy of the pro-
ceedings of the court-martial m the case of second lieuten-
ant D. <\ Bueil, third infantry, and of all orders and papers
in relation thereto, from the original order tor assemblng
the court to the final order for the "dispersion" of its mem-
Mr. KING made some remarks (not distinctly
heard) deprecating the praeticp of calling from the
departments the proceedings of courts-martial, after
final decision upon them by the department of the
Government having charge of the subject. He did
not think such a course subserved any good purpose
to the country. The Constitution and laws had
given another branch of the Government a control of
the matter; and he thought, as a general rule, it
would be improper for the Senate to interfere with
the decisions of those courts, which were composed
of officers of the army and navy for the trial of of-
fences against the regulations of those services.
Mr. BENTON was understood to say that unless
there were strong reasons for an interference, (which
had regulated the practice of the Senate heretofore,)
it might be improper to interfere. He merely wished
the proceedings to be reported to the Senate, when
he should ask that they might be laid on the table
for examination before malting any other disposi-
tion of them.
The question was then taken on the adoption of
the resolution, and it was agreed to.
Mr. WALKER submitted the following resolu-
tion; which lies on the table or.e day, under the rule:
Resolved, Thot the President of the United States be re-
quested to cause to lie communicated to the Senate at as ear-
ly a period as practicable, a statement of the expenditures
of the Government, each year, from its organi7ation up to
the present period, and -where and for what purpose these
expenditures were made.
The bill to refund to Massachusetts the balances
due her for disbursements during the last war, came
up in order; but was, on motion of Mr. BATES,
laid on the table until the Senate was more full.
The CHAIR announced that th<t next thing in
order was the bill for the relief of Isaac Ilsley; which
was accordingly taken up on its second reading, as in
committee of the whole.
The report of the Committee on the Judiciary ac-
companying the bill, together with the bill itself, and
the petition and papers on which it was founded,
was then read.
Mr. KING called for the reading of the letters of
the Treasury Department, referred to in the report.
The letters were accordingly read.
The nature of the claim will be understood from
the following facts, gleaned by the reporter from the
reading of these documents:
Mr. Isaac Ilsley was collector of the district of
Portland and Falmouth, in the State of Mane, for
some years prior to 1829, at the close of the first
quarter of which year he was removed. On the
1st of September, 1830, his account was adj usted
at the treasury, and a balance struck against him of
$773, which he was called upon to deposite in the
United States Bank, to the credit of the Govern-
ment. This he did, obtaining a certificate from
the bank of the payment of his balance. On
the 20th of November, 1835, notice from the
Treasury Department was given to him that
his account had been reopened, and a further
balance found against him of $394 78, which he
was called upon also to pay in. This was stated to
be a balance composed of the surplus of compensa-
tion received by him during the first quarter of the
year 1829. The petitioner remonstrated, relying on
the act of Congress of 1799, which grants to col-
lectors, as compensation for their services, the full
amount of their emoluments, consisting chiefly of
fees. He referred also to the act of 1822, restrict-
ing the whole amount of the year's compensation,
to show that, inasmuch as the fees of the office be-
tween himself and his successor fell short of the
restricted sum, ($3,000,) no call could be made on
him to refund any part of what he had received in
the first quarter. This remonstrance proving una-
vailing, he paid in the sum of $394 78 to
the treasury; and subsequently finding prece-
dents in his favor, in decisions of the circuit
and district courts of the United States, in anal-
ogous cases, he petitioned Congress to refund
him the money. The Judiciary Committee, upon
investigating the case and looking into the prece-
dents of decision in the courts, had reported a bill
in favor of the claimant, and now recommended its
Mr. WRIGHT observed that he had listened at-
tentively to the reading of the report, and learned
from it that the United States courts, or some court,
had established the principle upon which the bill
was founded, to wit: that where an officer has re-
ceived for fees and salary, or in fees alone, the max-
imum of compensation, as fixed by law, if that offi-
cer ^ shall receive the whole of that compensation
during the first quarter and is then dismissed, he is
entitled to keep it, as if ho had continued in office
the whole year.
He understood that the same principle had been es-
tablished with regard to receivers in the land offices.
He believed the principle was the same. But as a
member of Congress, he was not disposed to estab-
lish, by any act or vote of his, that principle. H®
did not say that it might not be the law as it now
stands, seeing that the courts had so decided; but
what he wished to show was, that, according to his
judgment, it ought not to be so—that is,"in legisla-
ting^ he would not establish the principle. His
maxim was, that an officer taking an appointment,
the emoluments of which were restricted to a spe-
cific compensation, should receive only that fixed
snm, or his proportion of it, according to his term
of service. He should have no right to claim
more, for to more he could not justly be enti
tied. He (Mr. W.) was not ready to srive his
vote in favor of the principle fixed by this bill.
Mr. BERRIEN, at considerable length, explain-
ed. He did not consider that, in passing this bill,
the Senate was legislating to establish a principle
no: already fully recognised by an existing law of
Congress. By that law, the collector of "the cus-
toms was enabled to receive compensation for his
services up to a specific amount. If he performed
the whole services of the year within a portion of it,
and received the whole compensation, the laborer
was worthy of his hire, and got nothing but his
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United States. Congress. The Congressional Globe, Volume 13, Part 1: Twenty-Eighth Congress, First Session, book, 1844; Washington D.C.. (texashistory.unt.edu/ark:/67531/metapth2367/m1/92/: accessed November 19, 2017), University of North Texas Libraries, The Portal to Texas History, texashistory.unt.edu; crediting UNT Libraries Government Documents Department.