MONDAY, December 1, 1851. Link to Annals.

Present:

From the State of New Hampshire.

The Honorable

John P. Hale,

Moses Norris.

From the State of Massachusetts.

The Honorable

John Davis,

Charles Sumner.

From the State of Rhode Island and Providence Plantations.

The Honorable

John H. Clarke,

Charles T. James.

From the State of Connecticut.

The Honorable Truman Smith.

From the State of Vermont.

The Honorable

Solomon Foot,

William Upham.

From the State of New York.

The Honorable

Hamilton Fish,

William H. Seward.

From the State of New Jersey.

The Honorable Jacob W. Miller.

From the State of Pennsylvania.

The Honorable

Richard Broadhead,

James Cooper.

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From the State of Delaware.

The Honorable

James A. Bayard,

Presley Spruance.

From the State of Maryland.

The Honorable

James A. Pearce,

Thomas G. Pratt.

From the State of Virginia.

The Honorable James M. Mason.

From the State of Georgia.

The Honorable

John MacPherson Berrien,

William C. Dawson.

From the State of Kentucky.

The Honorable

Henry Clay,

Joseph R. Underwood.

From the State of Ohio.

The Honorable

Salmon P. Chase,

Benjamin F. Wade.

From the State of Indiana.

The Honorable

Jesse D. Bright,

James Whitcomb.

From the State of Mississippi.

The Honorable Henry S. Foote.

From the State of Illinois.

The Honorable James Shields.

From the State of Alabama.

The Honorable

Jeremiah Clemens,

William R. King.

From the State of Maine.

The Honorable Hannibal Hamlin.

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From the State of Missouri.

The Honorable

David R. Atchison,

Henry S. Geyer.

From the State of Michigan.

The Honorable

Lewis Cass,

Alpheus Felch.

From the State of Florida.

The Honorable

Stephen R. Mallory,

Jackson Morton.

From the State of Iowa.

The Honorable

Augustus C. Dodge,

George W. Jones.

From the State of Wisconsin.

The Honorable

Henry Dodge,

Isaac P. Walker.

From the State of California.

The Honorable William M. Gwin.

The Honorable William R. King, President of the Senate, pro tempore , resumed the chair.

Mr. Seward presented the credentials of the Honorable Hamilton Fish, elected a Senator by the Legislature of the State of New York, for the term of six years from the fourth day of March, 1851; which were read, and the oath prescribed by law was administered to Mr. Fish, and he took his seat in the Senate.

Mr. Chase presented the credentials of the Honorable Benjamin F. Wade, elected a Senator by the Legislature of the State of Ohio, for the term of six years from and after the third day of March, 1851; which were read, and the oath prescribed by law was administered to Mr. Wade, and he took his seat in the Senate.

Mr. Miller presented the credentials of the Honorable Robert F. Stockton, appointed a Senator by the Legislature of the State of New Jersey, for the term of six years from and after the fourth day of March, 1851; which were read.

Mr. Clarke presented the credentials of the Honorable Charles Tillinghast James, elected a Senator by the Legislature of the State of Rhode Island and Providence Plantations, for six years from and after the fourth day of March, 1851; which were read, and the oath prescribed by law was administered to Mr. James, and he took his seat in the Senate.

Mr. Atchison presented the credentials of the Honorable Henry S. 0006 6 Geyer, chosen a Senator by the Legislature of the State of Missouri, for the term of six years from the fourth day of March, 1851; which were read, and the oath prescribed by law was administered to Mr. Geyer, and he took his seat in the Senate.

Mr. Cass presented the credentials of the Honorable Charles Sumner, elected a Senator by the Legislature of the Commonwealth of Massachusetts, for the term of six years commencing the fourth day of March, 1851; which were read, and the oath prescribed by law was administered to Mr. Sumner, and he took his seat in the Senate.

Mr. Morton presented the credentials of the Honorable Stephen R. Mallory, elected a Senator by the General Assembly of the State of Florida for the term of six years from the fourth day of March, A.D. 1851; which were read.

Mr. Morton also presented a certified “extract from the Journal of the proceedings of the House of Representatives of the General Assembly of the State of Florida, at its fifth session, begun and held at the Capitol, in the city of Tallahasse, on Monday, 25th November, 1850;” which was read.

On motion by Mr. Clay,

The oath prescribed by law was administered to Mr. Mallory, and he took his seat in the Senate.

On motion by Mr. Bright,

Ordered , That the letter from the Honorable D. L. Yulee, presented to the Senate the 8th of March, 1851, stating the reasons which will induce him to contest the seat of the Honorable Stephen R. Mallory, together with the extract from the Journal of the proceedings of the House of Representatives of the General Assembly of the State of Florida, this day presented to the Senate, be referred to a committee consisting of five members.

On motion by Mr. Gwin,

Ordered , That the appointment of the committee be postponed until tomorrow at one o'clock.

On motion by Mr. Dodge, of Iowa,

Ordered , That the Secretary acquaint the House of Representatives that a quorum of the Senate has assembled, and that the Senate is ready to proceed to business.

On motion by Mr. Clemens,

Ordered , That the daily hour of meeting of the Senate be twelve o'clock until otherwise ordered.

Mr. Hamlin submitted the following resolution, which was considered by unanimous consent, and agreed to.

Resolved , That instead of the number of copies heretofore ordered to be printed, the usual number of copies of the legislative journal, reports of committees, executive and miscellaneous documents, to be printed, shall be fourteen hundred copies, until the further order of the Senate.

Mr. Foote gave notice of his intention to introduce a joint resolution in relation to the reception and entertainment of Louis Kossuth, Governor of Hungary, in the United States.

Mr. Jones, of Iowa, presented a memorial of Henry M. Rice, in favor of making a grant of public land for the construction of a railroad from the 0007 7 head of navigation on the St. Louis river, in the State of Wisconsin, to Dubuque, in the State of Iowa.

Ordered , That it lie on the table.

On motion by Mr. Morton,

The Senate adjourned.

TUESDAY, December 2, 1851. Link to Annals.

The Hon. Robert M. T. Hunter, from the State of Virginia, attended.

A message from the House of Representatives, by Mr. Forney, their clerk:

Mr. President: I am directed to inform the Senate that a quorum of the House of Representatives has assembled; that Linn Boyd, one of the Representatives from the State of Kentucky, has been chosen Speaker, and John W. Forney, of Pennsylvania, Clerk; and that the House is ready to proceed to business.

They have passed a resolution for the appointment of a committee, jointly with such committee as may be appointed on the part of the Senate, to wait on the President of the United States and inform him that a quorum of each House is assembled, and that Congress is ready to receive any communication he may be pleased to make; and have appointed Mr. Bayly, of Virginia, Mr. Harlem, of New York, and Mr. Jones, of Tennessee, the committee on their part.

Mr. Bright submitted the following resolution, which was considered by unanimous consent, and agreed to:

Resolved , That a committee be appointed, jointly with the committee appointed on the part of the House of Representatives, to wait on the President of the United States, and inform him that a quorum of each House has assembled, and that Congress are ready to receive any communication he may be pleased to make.

On motion by Mr. Whitcomb,

Ordered , That the committee be appointed by the President pro tempore; and,

Mr. Bright and Mr. Miller were appointed.

Mr. Atchison submitted the following resolution, which was considered by unanimous consent, and agreed to:

Resolved , That the Senate will proceed to the election of a Chaplain to-morrow, at one o'clock.

Mr. Dodge, of Iowa, presented the memorial of a Convention of Delegates from the States of Wisconsin, Iowa, Illinois and Missouri, and the Territory of Minnesota, assembled at Burlington, Iowa, praying the removal of obstructions to the navigation of the Mississippi river, at the Des Moines rapids.

Ordered , That it lie on the table and be printed.

Mr. Jones, of Iowa, presented a petition of the late and present officers of the Land Office at Dubuque, Iowa, praying additional compensation for services in locating military bounty land warrants.

Ordered , That it lie on the table.

Agreeably to notice, Mr. Jones, of Iowa, asked and obtained leave to bring in a bill (S. 1) granting the right of way, and making a grant of 0008 8 land to the State of Iowa, in aid of the construction of a railroad in said State; which was read and passed to a second reading.

Agreeably to notice, Mr. Chase asked and obtained leave to bring in a bill (S. 2) to grant to the State of Ohio, the unsold and unappropriated public lands remaining in that State; which was read and passed to a second reading.

The Senate, agreeably to order, proceeded to the appointment of the committee to whom were referred the letter of the Hon. D. L. Yulee, of the 8th March, 1851, stating the reasons which will induce him to contest the seat of the Hon. Stephen R. Mallory, together with an extract from the proceedings of the General Assembly of Florida on the election of a United States Senator; and,

Mr. Berrien, Mr. Bright, Mr. Davis, Mr. Mason, and Mr. Pearce were appointed.

Mr. Bright, from the committee appointed on the part of the Senate, jointly with the committee appointed on the part of the House of Representatives, to wait on the President of the United States and notify him that a quorum of each House has assembled, and that Congress are ready to receive any communication he may be pleased to make, reported that they had performed the duty assigned them, and that the President replied that he would immediately make a communication to the two Houses of Congress.

The following message was received from the President of the United States, by Mr. M. P. Fillmore, his secretary.

Fellow-citizens of the Senate and of the House of Representatives:

I congratulate you and our common constituency upon the favorable auspices under which you meet for your first session. Our country is at peace with all the world. The agitation which, for a time, threatened to disturb the fraternal relations which make us one people, is fast subsiding, and a year of general prosperity and health has crowned the nation with unusual blessings. None can look back to the dangers which are passed, or forward to the bright prospect before us, without feeling a thrill of gratification, at the same time that he must be impressed with a grateful sense of our profound obligations to a beneficent Providence, whose paternal care is so manifest in the happiness of this highly-favored land.

Since the close of the last Congress, certain Cubans, and other foreigners resident in the United States, who were more or less concerned in the previous invasion of Cuba, instead of being discouraged by its failure, have again, abused the hospitality of this country, by making it the scene of the equipment of another military expedition against that possession of her Catholic majesty, in which they were countenanced, aided, and joined by citizens of the United States. On receiving intelligence that such designs were entertained, I lost no time in issuing such instructions to the proper officers of the United States, as seemed to be called for by the occasion. By the proclamation, a copy of which is herewith submitted, I also warned those who might be in danger of being inveigled into this scheme, of its unlawful character, and of the penalties which they would incur. For some time there was reason to hope that these measures had sufficed to prevent any such attempt. This hope, however, proved to be delusive. Very early in the morning of the third of August, a steamer called the Pampero 0009 9 departed from New Orleans for Cuba, having on board upwards of four hundred armed men, with evident intentions to make war upon the authorities of the island. This expedition was set on foot, in palpable violation of the laws of the United States. Its leader was a Spaniard, and several of the chief officers, and some others engaged in it, were foreigners. The persons composing it, however, were mostly citizens of the United States.

Before the expedition set out, and probably before it was organized, a slight insurrectionary movement, which appears to have been soon suppressed, had taken place in the eastern quarter of Cuba. The importance of this movement was unfortunately so much exaggerated in the accounts of it published in this country, that these adventurers seem to have been led to believe that the Creole population of the island not only desired to throw off the authority of the mother country, but had resolved upon that step, and had begun a well-concerted enterprise for effecting it. The persons engaged in the expedition were generally young and ill-informed. The steamer in which they embarked left New Orleans stealthily and without a clearance. After touching at Key West, she proceeded to the coast of Cuba, and, on the night between the 11th and 12th of August, landed the persons on board at Playtas, within about twenty leagues of Havana.

The main body of them proceeded to, and took possession of, an inland village, six leagues distant, leaving others to follow in charge of the baggage, as soon as the means of transportation could be obtained. The latter, having taken up their line of march to connect themselves with the main body, and having proceeded about four leagues into the country, were attacked on the morning of the 13th by a body of Spanish troops, and a bloody conflict ensued; after which they retreated to the place of disembarkation, where about fifty of them obtained boats and re-embarked therein. They were, however, intercepted among the keys near the shore by a Spanish steamer cruising on the coast, captured and carried to Havana, and, after being examined before a military court, were sentenced to be publicly executed, and the sentence was carried into effect on the 16th of August.

On receiving information of what had occurred, Commodore Foxhall A. Parker was instructed to proceed in the steam-frigate Saranac to Havana, and inquire into the charges against the persons executed, the circumstances under which they were taken, and whatsoever referred to their trial and sentence. Copies of the instructions from the Department of State to him, and of his letters to that Department, are herewith submitted.

According to the record of the examination, the prisoners all admitted the offences charged against them, of being hostile invaders of the island. At the time of their trial and execution, the main body of the invaders was still in the field, making war upon the Spanish authorities and Spanish subjects. After the lapse of some days, being overcome by the Spanish troops, they dispersed on the 24th of August; Lopez, their leader, was captured some days after, and executed on the 1st of September. Many of his remaining followers were killed, or died of hunger and fatigue, and the rest were made prisoners. Of these, none appear to have been tried or executed. Several of them were pardoned upon application of their friends and others, and the rest, about one hundred and sixty in number, were sent to Spain. Of the final disposition made of these, we have no official information.

Such is the melancholy result of this illegal and ill-fated expedition. 0010 10 Thus, thoughtless young men have been induced, by false and fraudulent representations, to violate the law of their country, through rash and unfounded expectations of assisting to accomplish political revolutions in other States, and have lost their lives in the undertaking. Too severe a judgment can hardly be passed by the indignant sense of the community, upon those who, being better informed themselves, have yet led away the ardor of youth and an ill-directed love of political liberty. The correspondence between this Government and that of Spain relating to this transaction is herewith communicated.

Although these offenders against the laws have forfeited the protection of their country, yet the Government may, so far as is consistent with its obligations to other countries, and its fixed purpose to maintain and enforce the laws, entertain sympathy for their unoffending families and friends, as well as a feeling of compassion for themselves. Accordingly, no proper effort has been spared, and none will be spared, to procure the release of such citizens of the United States, engaged in this unlawful enterprise, as are now in confinement in Spain; but it is to be hoped that such interposition with the government of that country may not be considered as affording any ground of expectation that the Government of the United States will, hereafter, feel itself under any obligation of duty to intercede for the liberation or pardon of such persons as are flagrant offenders against the law of nations and the laws of the United States. These laws must be executed. If we desire to maintain our respectability among the nations of the earth, it behoves us to enforce steadily and sternly the neutrality acts passed by Congress, and to follow, as far as may be, the violation of those acts with condign punishment.

But what gives a peculiar criminality to this invasion of Cuba, is, that under the lead of Spanish subjects and with the aid of citizens of the United States, it had its origin, with many, in motives of cupidity. Money was advanced by individuals, probably in considerable amounts, to purchase Cuban bonds, as they have been called, issued by Lopez, sold, doubtless, at a very large discount, and for the payment of which the public lands and public property of Cuba, of whatever kind, and the fiscal resources of the people and government of that island, from whatever source to be derived, were pledged, as well as the good faith of the government expected to be established. All these means of payment, it is evident, were only to be obtained by a process of bloodshed, war, and revolution. None will deny that those who set on foot military expeditions against foreign States by means like these, are far more culpable than the ignorant and the necessitous whom they induce to go forth as the ostensible parties in the proceeding. These originators of the invasion of Cuba seem to have determined, with coolness and system, upon an undertaking which should disgrace their country, violate its laws, and put to hazard the lives of ill-informed and deluded men. You will consider whether further legislation be necessary to prevent the perpetration of such offences in future.

No individuals have a right to hazard the peace of the country, or to violate its laws, upon vague notions of altering or reforming governments in other States. This principle is not only reasonable in itself, and in accordance with public law, but is engrafted into the codes of other nations as well as our own. But while such are the sentiments of this Government, it may be added that every independent nation must be presumed to be able to defend its possessions against unauthorized individuals banded together to 0011 11 attack them. The Government of the United States, at all times since its establishment, has abstained, and has sought to restrain the citizens of the country from entering into controversies between other powers, and to observe all the duties of neutrality. At an early period of the Government, in the administration of Washington, several laws were passed for this purpose. The main provisions of these laws were re-enacted by the act of April, 1818, by which, among other things, it was declared that if any person shall, within the territory or jurisdiction of the United States, begin, or set on foot, or provide, or prepare the means for any military expedition or enterprise to be carried on from thence against the territory or dominion of any foreign prince or State, or of any colony, district, or people with whom the United States are at peace, every person so offending shall be deemed guilty of a high misdemeanor, and shall be fined not exceeding three thousand dollars, and imprisoned not more than three years; and this law has been executed and enforced, to the full extent of the power of the Government, from that day to this.

In proclaiming and adhering to the doctrine of neutrality and non-intervention, the United States have not followed the lead of other civilized nations; they have taken the lead themselves, and have been followed by others. This was admitted by one of the most eminent of modern British statesmen, who said in Parliament, while a member of the crown, “that, if he wished for a guide in a system of neutrality, he should take that laid down by America in the days of Washington and the Secretaryship of Jefferson;” and we see, in fact, that the act of Congress of 1818 was followed, the succeeding year, by an act of the Parliament of England, substantially the same in its general provisions. Up to that time there had been no similar law in England, except certain highly penal statutes passed in the reign of George II., prohibiting English subjects from enlisting in foreign service, the avowed object of which statutes was, that foreign armies, raised for the purpose of restoring the house of Stuart to the throne, should not be strengthened by recruits from England herself.

All must see that difficulties may arise in carrying the laws referred to into execution in a country now having three or four thousand miles of seacoast, with an infinite number of ports and harbors and small inlets, from some of which unlawful expeditions may suddenly set forth, without the knowledge of Government, against the possessions of foreign States.

Friendly relations with all, but entangling alliances with none, has long been a maxim with us. Our true mission is not to propagate our opinions, or impose upon other countries our form of government, by artifice or force; but to teach by example, and show by our success, moderation and justice, the blessings of self-government, and the advantages of free institutions. Let every people choose for itself, and make and alter its political institutions to suit its own condition and convenience. But, while we avow and maintain this neutral policy ourselves, we are anxious to see the same forbearance on the part of other nations, whose forms of government are different from our own. The deep interest which we feel in the spread of liberal principles and the establishment of free governments, and the sympathy with which we witness every struggle against oppression, forbid that we should be indifferent to a case in which the strong arm of a foreign power is invoked to stifle public sentiment and repress the spirit of freedom in any country.

The governments of Great Britain and France have issued orders to their 0012 12 naval commanders on the West India station to prevent by force, if necessary, the landing of adventurers from any nation on the Island of Cuba with hostile intent. The copy of a memorandum of a conversation on this subject between the Chargé d'Affaires of her Britannic Majesty, and the Acting Secretary of State, and of a subsequent note of the former to the Department of State, are herewith submitted, together with a copy of a note of the Acting Secretary of State to the Minister of the French republic, and of the reply of the latter, on the same subject. These papers will acquaint you with the grounds of this interposition of the two leading commercial powers of Europe, and with the apprehensions, which this Government could not fail to entertain, that such interposition, if carried into effect, might lead to abuses in derogation of the maritime rights of the United States. The maritime rights of the United States are founded on a firm, secure, and well-defined basis; they stand upon the ground of National Independence and public law, and will be maintained in all their full and just extent.

The principle which this Government has heretofore solemnly announced it still adheres to, and will maintain under all circumstances and at all hazards. That principle is, that in every regularly documented merchant vessel, the crew who navigate it, and those on board of it, will find their protection in the flag which is over them. No American ship can be allowed to be visited or searched for the purpose of ascertaining the character of individuals on board, nor can there be allowed any watch by the vessels of any foreign nation over American vessels on the coast of the United States or the seas adjacent thereto. It will be seen by the last communication from the British Chargé d'Affaires to the Department of State, that he is authorized to assure the Secretary of State that every care will be taken that, in executing the preventive measures against the expeditions which the United States Government itself has denounced as not being entitled to the protection of any government, no interference shall take place with the lawful commerce of any nation.

In addition to the correspondence on this subject, herewith submitted, official information has been received at the Department of State of assurances by the French government that, in the orders given to the French naval forces, they were expressly instructed, in any operations they might engage in, to respect the flag of the United States, wherever it might appear, and to commit no act of hostility upon any vessel or armament under its protection.

Ministers and consuls of foreign nations are the means and agents of communication between us and those nations, and it is of the utmost importance that, while residing in the country, they should feel a perfect security so long as they faithfully discharge their respective duties and are guilty of no violation of our laws This is the admitted law of nations, and no country has a deeper interest in maintaining it than the United States. Our commerce spreads over every sea and visits every clime, and our ministers and consuls are appointed to protect the interests of that commerce, as well as to guard the peace of the country and maintain the honor of its flag. But how can they discharge these duties unless they be themselves protected; and, if protected, it must be by the laws of the country in which they reside. And what is due to our own public functionaries residing in foreign nations, is exactly the measure of what is due to the functionaries of other governments residing here. As in war, the bearers of flags of truce 0013 13 are sacred, or else wars would be interminable; so in peace, embassadors, public ministers, and consuls, charged with friendly national intercourse, are objects of especial respect and protection, each according to the rights belonging to his rank and station. In view of these important principles, it is with deep mortification and regret I announce to you that, (luring the excitement growing out of the executions at Havana, the office of her Catholic majesty's consul at New Orleans was assailed by a mob, his property destroyed, the Spanish flag found in the office carried off and torn in pieces, and he himself induced to flee for his personal safety, which he supposed to be in danger. On receiving intelligence of these events, I forthwith directed the attorney of the United States residing at New Orleans to inquire into the facts and the extent of the pecuniary loss sustained by the consul, with the intention of laying them before you, that you might make provision for such indemnity to him as a just regard for the honor of the nation and the respect which is due to a friendly power might, in your judgment, seem to require. The correspondence upon this subject between the Secretary of State and her Catholic majesty's minister plenipotentiary is herewith transmitted.

The occurrence at New Orleans has led me to give my attention to the state of our laws in regard to foreign embassadors, ministers, and consuls. I think the legislation of the country is deficient in not providing sufficiently either for the protection or the punishment of consuls. I therefore recommend the subject to the consideration of Congress.

Your attention is again invited to the question of reciprocal trade between the United States and Canada and other British possessions near our frontier. Overtures for a convention upon this subject have been received from her Britannic Majesty's Minister Plenipotentiary, but it seems to be in many respects preferable that the matter should be regulated by reciprocal legislation. Documents are laid before you showing the terms which the British government is willing to offer, and the measures which it may adopt, if some arrangement upon this subject shall not be made.

From the accompanying copy of a note from the British Legation at Washington, and the reply of the Department of State thereto, it will appear that her Britannic Majesty's government is desirous that a part of the boundary line between Oregon and the British possessions should be authoritatively marked out, and that an intention was expressed to apply to Congress for an appropriation to defray the expense thereof on the part of the United States. Your attention to this subject is accordingly invited, and a proper appropriation recommended.

A convention for the adjustment of claims of citizens of the United States against Portugal, has been concluded, and the ratifications have been exchanged. The first instalment of the amount to be paid by Portugal fell due on the 30th of September last, and has been paid.

The President of the French republic, according to the provisions of the convention, has been selected as arbiter in the case of the General Armstrong, and has signified that he accepts the trust, and the high satisfaction he feels in acting as the common friend of two nations with which France is united by sentiments of sincere and lasting amity.

The Turkish government has expressed its thanks for the kind reception given to the Sultan's agent, Amin Bey, on the occasion of his recent visit to the United States. On the 28th of February last, a despatch was addressed by the Secretary of State to Mr. Marsh, the American minister at Constantinople, instructing him to ask of the Turkish government permission 0014 14 for the Hungarians, then imprisoned within the dominions of the Sublime Porte, to remove to this country. On the 3d of March last, both houses of Congress passed a resolution, requesting the President to authorize the employment of a public vessel to convey to this country Louis Kossuth and his associates in captivity.

The instruction above referred to was Complied with, and the Turkish government having released Governor Kossuth and his companions from prison, on the 10th of September last they embarked on board of the United States steam-frigate Mississippi, which was selected to carry into effect the resolution of Congress. Governor Kossuth left the Mississippi at Gibralter, for the purpose of making a visit to England, and may shortly be expected in New York. By communications to the Department of State he has expressed his grateful acknowledgments for the interposition of this Government in behalf of himself and his associates. This country has been justly regarded as a safe asylum for those whom political events have exiled from their own homes in Europe; and it is recommended to Congress to consider in what manner Governor Kossuth and his companions, brought hither by its authority, shall be received and treated.

It is earnestly to be hoped that the differences which have for some time past been pending between the Government of the French republic and that of the Sandwich Islands, may be peaceably and durably adjusted, so as to secure the independence of those islands. Long before the events which have of late imparted so much importance to the possessions of the United States on the Pacific, we acknowledged the independence of the Hawaiian government. This Government was first in taking that step, and several of the leading powers of Europe immediately followed. We were influenced in this measure by the existing and prospective importance of the islands as a place of refuge and refreshment for our vessels engaged in the whale fishery, and by the consideration that they lie in the course of the great trade which must, at no distant day, be carried on between the western coast of North America and Eastern Asia.

We were also influenced by a desire that those islands should not pass under the control of any other great maritime State, but should remain in an independent condition, and so be accessible and useful to the commerce of all nations. I need not say that the importance of these considerations has been greatly enhanced by the sudden and vast development which the interests of the United States have attained in California and Oregon; and the policy heretofore adopted in regard to those islands will be steadily pursued.

It is gratifying not only to those who consider the commercial interests of nations, but also to all who favor the progress of knowledge and the diffusion of religion, to see a community emerge from a savage state and attain such a degree of civilization in those distant seas.

It is much to be deplored that the internal tranquillity of the Mexican republic should again be seriously disturbed; for, since the peace between that republic and the United States, it had enjoyed such comparative repose that the most favorable anticipations for the future might, with a degree of confidence, have been indulged. These, however, have been thwarted by the recent outbreak in the State of Tamaulipas, on the right bank of the Rio Bravo. Having received information that persons from the United States had taken part in the insurrection, and apprehending that their example might be followed by others, I caused orders to be issued for the 0015 15 purpose of preventing any hostile expeditions against Mexico from being set on foot in violation of the laws of the United States. I likewise issues a proclamation upon the subject, a copy of which is herewith laid before you. This appeared to be rendered imperative by the obligations of treaties and the general duties of good neighborhood.

In my last annual message I informed Congress that citizens of the United States had undertaken the connection of the two oceans by means of a railroad across the Isthmus of Tehuantepec, under a grant of the Mexican government to a citizen of that republic; and that this enterprise would probably be prosecuted with energy whenever Mexico should consent to such stipulations with the government of the United States as should impart a feeling of security to those who should invest their property in the enterprise.

A convention between the two governments for the accomplishment of that end has been ratified by this Government, and only awaits the decision of the Congress and the Executive of that republic.

Some unexpected difficulties and delays have arisen in the ratification of that convention by Mexico, but it is to be presumed that her decision will be governed by just and enlightened views, as well of the general importance of the object, as of her own interests and obligations.

In negotiating upon this important subject, this government has had in view one, and only one object. That object has been, and is, the construction or attainment of a passage from ocean to ocean, the shortest and the best for travelers and merchandise, and equally open to all the world. It has sought to obtain no territorial acquisition, nor any advantages peculiar to itself; and it would see, with the greatest regret, that Mexico should oppose any obstacle to the accomplishment of an enterprise which promises so much convenience to the whole commercial world, and such eminent advantages to Mexico herself. Impressed with these sentiments and these convictions, the government will continue to exert all proper efforts to bring about the necessary arrangement with the republic of Mexico for the speedy completion of the work.

For some months past, the republic of Nicaragua has been the theatre of one of those civil convulsions from which the cause of free institutions and the general prosperity and social progress of the States of Central America have so often and so severely suffered. Until quiet shall have been restored, and a government apparently stable shall have been organized, no advance can prudently be made in disposing of the questions pending between the two countries.

I am happy to announce that an inter-oceanic communication from the mouth of the St. John to the Pacific has been so far accomplished as that passengers have actually traversed it, and merchandise has been transported over it; and when the canal shall have been completed according to the original plan, the means of communication will be further improved. It is understood that a considerable part of the railroad across the Isthmus of Panama has been completed, and that the mail and passengers will in future be conveyed thereon.

Whichever of the several routes between the two oceans may ultimately prove most eligible for travellers to and from the different States on the Atlantic and Gulf of Mexico and our coast on the Pacific, there is little reason to doubt that all of them will be useful to the public, and will liberally 0016 16 reward that individual enterprise by which alone they have been or are expected to be carried into effect.

Peace has been concluded between the contending parties in the island of St. Domingo, and, it is hoped, upon a durable basis. Such is the extent of our commercial relations with that island, that the United States cannot fail to feel a strong interest in its tranquillity.

The office of commissioner to China remains unfilled; several persons have been appointed, and the place has been offered to others, all of whom have declined its acceptance, on the ground of the inadequacy of the compensation. The annual allowance by law is six thousand dollars, and there is no provision for any outfit. I earnestly recommend the consideration of this subject to Congress. Our commerce with China is highly important, and is becoming more and more so, in consequence of the increasing intercourse between our ports on the Pacific coast, and Eastern Asia. China is understood to be a country in which living is very expensive, and I know of no reason why the American commissioner sent thither should not be placed, in regard to compensation, on an equal footing with ministers who represent this country at the courts of Europe.

By reference to the report of the Secretary of the Treasury, it will be seen that the aggregate receipts for the last fiscal year amounted to $52,312,979.87; which, with the balance in the treasury on the 1st July, 1850, gave, as the available means for the year, the sum of $58,917,524.36.

The total expenditures for the same period were $48,005,878.68.

The total imports for the year ending 30th June, 1851, were $215,725,995

Of which there were in specie 4,967,901

The exports for the same period were 217,517,130

Of which there were of domestic products $178,546,555

Foreign goods re-exported 9,738,695

Specie 29,231,880

$217,517,130

Since the 1st of December last, the payments in cash on account of the public debt, exclusive of interest, have amounted to $7,501,456.56; which, however, includes the sum of $3,242,400 paid under the twelfth article of the treaty with Mexico, and the further sum of $2,591,213.45, being the amount of awards American citizens under the late treaty with Mexico, for which the issue of stock was authorized, but which was paid in cash from the Treasury.

The public debt on the 20th ultimo, exclusive of the stock authorized to be issued to Texas by the act of 9th September, 1850, was $62,560,395.26.

The receipts for the next fiscal year are estimated at $51,800,000; which, with the probable unappropriated balance in the Treasury on the 30th June next, will give, as the probable available means for that year, the sum of $63,258,743.09.

It has been deemed proper, in view of the large expenditures consequent upon the acquisition of territory from Mexico, that the estimates for the next fiscal year should be laid before Congress in such manner as to distinguish the expenditures so required from the otherwise ordinary demands upon the Treasury.

The total expenditures for the next fiscal year are estimated at $42,892,299.19, of which there is required for the ordinary purposes of the Government, other than those consequent upon the acquisition of our 0017 17 new Territories, and deducting the payments on account of the public debt, the stun of $33,343,198.08; and for the purposes connected directly or indirectly with those Territories, and in the fulfilment of the obligations of the Government, contracted in consequence of their acquisition, the stun of $9,549,101.11.

If the views of the Secretary of the Treasury in reference to the expenditures required for these Territories shall be met by corresponding action on the part of Congress, and appropriations made in accordance therewith, there will be an estimated unappropriated balance in the Treasury on the 30th June, 1853, of $20,366,443.90, wherewith to meet that portion of the public debt due on the 1st of July following, amounting to $6,237,931.35, as well as any appropriations which may be made beyond the estimates.

In thus referring to the estimated expenditures on account of our newly-acquired territories, I may express the hope that Congress will concur with me in the desire that a liberal course of policy may be pursued towards them, and that every obligation, express or implied, entered into in consequence of their acquisition, shall be fulfilled by the most liberal appropriations for that purpose.

The values of our domestic exports for the last fiscal year, as compared with those of the previous year, exhibit an increase of $43,646,322. At first view, this condition of our trade with foreign nations would seem to present the most flattering hopes of its future prosperity. An examination of the details of our exports, however, will show that the increased value of our exports for the last fiscal year is to be found in the high price of cotton which prevailed during the first half of that year, which price has since declined about one-half.

The value of our exports of breadstuffs and provisions, which it was supposed the incentive of a low tariff and large importations from abroad would have greatly augmented, has fallen from $68,701,921 in 1847, to $26,051,373 in 1850, and to $21,848,653 in 1851, with a strong probability, amounting almost to a certainty, of a still further reduction in the current year.

The aggregate values of rice exported during the last fiscal year, as compared with the previous year, also exhibit a decrease amounting to $460,917, which, with a decline in the values of the exports of tobacco for the same period, make an aggregate decrease in these two articles of $1,156,751.

The policy which dictated a low rate of duties on foreign merchandise, it was thought by those who promoted and established it, would tend to benefit the farming population of this country, by increasing the demand and raising the price of agricultural products in foreign markets.

The foregoing facts, however, seem to show incontestibly, that no such result has followed the adoption of this policy. On the contrary, notwithstanding the repeal of the restrictive corn laws in England, the foreign demand for the products of the American farmer has steadily declined, since the short crops and consequent famine in a portion of Europe have been happily replaced by full crops and comparative abundance of food.

It will be seen, by recurring to the commercial statistics for the past year, that the value of our domestic exports has been increased in the single item of raw cotton, by $40,000,000 over the value of that export for the year preceding. This is not due to any increased general demand 2 0018 18 for that article, but to the short crop of the preceding year, which created an increased demand and an augmented price for the crop of last year. Should the cotton crop now going forward to market be only equal in quantity to that of the year preceding, and be sold at the present prices, then there would be a falling off in the value of our exports, for the present fiscal year, of at least $40,000,000, compared with the amount exported for the year ending 30th June, 1851.

The production of gold California, for the past year, seems to promise a large supply of that metal from that quarter for some time to come. This large animal increase of the currency of the world must be attended with its usual results. These have been already partially disclosed, in the enhancement of prices, and a rising spirit of speculation and adventure, tending to overtrading, as well at home as abroad. Unless some salutary check shall be given to these tendencies, it is to be feared that importations of foreign goods, beyond a healthy demand in this country, will lead to a sudden drain of the precious metals from us, bringing with it, as it has done in former times, the most disastrous consequences to the business and capital of the American people.

The exports of specie to liquidate our foreign debt during the past fiscal year have been $24,263,979 over the amount of specie imported. The exports of specie during the first quarter of the present fiscal year have been $14,651,827. Should specie continue to be exported at this rate for the remaining three quarters of this year, it will drain from our metalic currency during the year ending 30th June, 1852, the enormous amount of $58,607,308.

In the present prosperous condition of the national finances, it will become the duty of Congress to consider the best mode of paying off the public debt. If the present and anticipated surplus in the Treasury should not be absorbed by appropriations of an extraordinary character, this surplus should be employed in such way, and under reich restrictions as Congress may enact, in extinguishing the outstanding debt of the nation.

By reference to the act of Congress approved 9th September, 1850, it will be seen that, in consideration of certain concessions by the State of Texas, it is provided that the “United States shall pay to the State of Texas the sum of ten millions of dollars, in a stock bearing five per cent. interest, and redeemable at the end of fourteen years, the interest payable half yearly at the Treasury of the United States.”

In the same section of the law it is further provided “that no more than five millions of said stock shall be issued until the creditors of the State holding bonds and other certificates of stock of Texas, for which duties on imports were specially pledged, shall first file at the Treasury of the United States releases of all claims against the United States, for or oft account of said bonds or certificates, in such form as shall be prescribed by the Secretary of the Treasury, and approved by the President of the United States.”

The form of release thus provided for has been prescribed by the Secretary of the Treasury, and approved. It has been published in all the leading newspapers in the commercial cities of the United States, and all persons holding claims of the kind specified in the foregoing proviso were required to file their releases (in the form this prescribed) in the Treasury off the United States, on or before the 1st day of October, 1851. Although 0019 19 this publication has been continued from the 25th day of March, 1851, yet up to the 1st of October last comparatively few releases had been filed by the creditors of Texas.

The authorities of the State of Texas, at the request of the Secretary of the Treasury, have furnished a schedule of the public debt of that State created prior to her admission into the Union, with a copy of the laws under which each class was contracted.

I have, from the documents furnished by the state of Texas, determined the classes of claims which in my judgment fall within the provisions of the act of Congress of the 9th of September, 1850.

On being officially informed of the acceptance by Texas of the propositions contained in the act referred to, I caused the stock to be prepared, and the five millions which are to be issued unconditionally, bearing an interest of five per cent. from the 1st day of January, 1851, have been for some time ready to be delivered to the state of Texas. The authorities of Texas, up to the present time, have not authorized any one to receive this stock, and it remains in the Treasury Department, subject to the order of Texas.

The releases, required by law to be deposited in the Treasury, not having been filed there, the remaining five millions have not been issued. This last amount of the stock will be withheld from Texas until the conditions upon which it is to be delivered shall be complied with by the creditors of that state, unless Congress shall otherwise direct by a modification of the law.

In my last annual message, to which I respectfully refer, I stated briefly the reasons which induced me to recommend a modification of the present tariff, by converting the ad valorem into a specific duty, wherever the article imported was of such a character as to permit it, and that such a discrimination should be made, in favor of the industrial pursuits of our own country, as to encourage home production without excluding foreign competition.

The numerous frauds which continue to be practised upon the revenue by false invoices and under-valuations, constitute an unanswerable reason for adopting specific instead of ad valorem duties in all cases where the nature of the commodity does not forbid it. A striking illustration of these frauds will be exhibited in the report of the Secretary of the Treasury, showing the custom-house valuation of articles imported under a former law subject to specific duties, when there was no inducement to under-valuation, and the custom-house valuations of the same articles under the present system of ad valorem duties, so greatly reduced as to leave no doubt of the existence of the most flagrant abuses under the existing laws. This practical evasion of the present law, combined with the languishing condition of some of the great interests of the country caused by over-importations and consequent depressed prices, and with the failure in obtaining a foreign market for our increasing surplus of breadstuffs and provisions, has induced me again to recommend a modification of the existing tariff.

The report of the Secretary of the Interior, which accompanies this communication, will present a condensed statement of the operations of that important department of the Government.

It will be seen that the cash sales of the public lands exceed those of the preceding year, and that there is reason to anticipate a still further increase, notwithstanding the large donations which have been made to many of the 0020 20 States, and the liberal grants to individuals as a reward for military services. This fact furnishes very gratifying evidence of the growing wealth and prosperity of our country.

Suitable measures have been adopted for commencing the survey of the public lands in California and Oregon. Surveying parties have been organised, and some progress has been made in establishing the principal base and meridian lines. But further legislation and additional appropriations will be necessary before the proper subdivisions can be made, and the general land system extended over those remote parts of our territory.

On the 3d of March last, an act was passed providing for the appointment of three commissioners to settle private land claims in California. Three persons were immediately appointed, all of whom, however, declined accepting the office, in consequence of the inadequacy of the compensation. Others were promptly selected, who, for the same reason, also declined; and it was not until late in the season that the services of suitable persons could be secured. A majority of the commissioners convened in this city on the 10th September last, when detailed instructions were given to them in regard to their duties. Their first meeting for the transaction of business will be held in San Francisco on the eighth day of the present month.

I have thought proper to refer to these facts, not only to explain the causes of the delay in filling the commission, but to call your attention to the propriety of increasing the compensation of the commissioners. The office is one of great labor and responsibility, and the compensation should be such as to command men of a high order of talents and the most unquestionable integrity.

The proper disposal of the mineral lands of California is a subject surrounded by great difficulties. In my last annual message, I recommended the survey and sale of them in small parcels, under such restrictions as would effectually guard against monopoly and speculation. But upon further information, and in deference to the opinions of persons familiar with the subject, I am inclined to change that recommendation, and to advise that they be permitted to remain, as at present, a common field, open to the enterprise and industry of all our citizens, until further experience shall have developed the best policy to be ultimately adopted in regard to them. It is safer to suffer the inconvenience that now exists, for a short period, than, by premature legislation, to fasten on the country a system founded in error, which may place the whole subject beyond the future control of Congress.

The agricultural lands should, however, be surveyed, and brought into market with as little delay as possible, that the titles may become settled, and the inhabitants stimulated to make permanent improvements, and enter on the ordinary pursuits of life. To effect these objects, it is desirable that the necessary provision be made by law for the establishment of land offices in California and Oregon, and for the efficient prosecution of the surveys at an early day.

Some difficulties have occurred in organizing the territorial governments of New Mexico and Utah; and, when more accurate information shall be obtained of the causes, a further communication will be made on that subject.

In my last annual communication to Congress, I recommended the establishment of an Agricultural Bureau, and I take this occasion again to invoke your favorable consideration of the subject.

0021 21

Agriculture may justly be regarded as the great interest of our people. Four-fifths of our active population are employed in the cultivation of the soil, and the rapid expansion of our settlements over new territory is daily adding to the number of those engaged in that vocation. Justice and sound policy, therefore, alike require that the Government should use all the means authorized by the Constitution to promote the interests and welfare of that important class of our fellow-citizens. And yet it is a singular fact that, whilst the manufacturing and commercial interests have engaged the attention of Congress during a large portion of every session, and our statutes abound in provisions for their protection and encouragement, little has yet been done directly for the advancement of agriculture. It is time that this reproach to our legislation should be removed; and I sincerely hope that the present Congress will not close their labors without adopting efficient means to supply the omissions of those who have preceded them.

An Agricultural Bureau, charged with the duty of collecting and disseminating correct information as to the best modes of cultivation, and of the most effectual means of preserving and restoring the fertility of the soil, and of procuring and distributing seeds and plants, and other vegetable productions, with instructions in regard to the soil, climate, and treatment best adapted to their growth, could not fail to be, in the language of Washington , in his last annual message to Congress, a “very cheap instrument of immense national benefit.”

Regarding the act of Congress, approved 28th September, 1850, granting bounty lands to persons who had been engaged in the military service of the country, as a great measure of national justice and munificence, an anxious desire has been felt, by the officers entrusted with its immediate execution, to give prompt effect to its provisions. All the means within their control were, therefore, brought into requisition to expedite the adjudication of claims; and I am gratified to be able to state, that near one hundred thousand applications have been considered, and about seventy thousand warrants issued, within the short space of nine months. If adequate provision be made by law to carry into effect the recommendations of the Department, it is confidently expected that, before the close of the next fiscal year, all who are entitled to the benefits of the act will have received their warrants.

The Secretary of the Interior has suggested in his report various amendments of the laws relating to pensions and bounty lands, for the purpose of more effectually guarding against abuses and frauds on the Government: to all of which I invite your particular attention.

The large accessions to our Indian population consequent upon the acquisition of New Mexico and California, and the extension of our settlements into Utah and Oregon, have given increased interest and importance to our relations with the aboriginal race.

No material change has taken place within the last year in the condition and prospects of the Indian tribes who reside in the North-western Territory and west of the Mississippi river. We are at peace with all of them; and it will be a source of pleasure to you to learn that they are gradually advancing in civilization and the pursuits of social life.

Along the Mexican frontier, and in California and Oregon, there have been occasional manifestations of unfriendly feeling, and some depredations committed. I am satisfied, however, that they resulted more from the destitute and starving condition of the Indians than from any settled hostility 0022 22 toward the whites. As the settlements of our citizens progress towards them, the game Upon which they mainly rely for subsistence is driven off or destroyed, and the only alternative left to them is starvation or plunder. It becomes us to consider in view of this condition of things, whether justice and humanity, as well as an enlightened economy, do not require that, instead of seeking to punish them for offences which are the result of our own policy towards them, we should not provide for their immediate wants, and encourage them to engage in agriculture, and to rely on their labor, instead of the chase, for the means of support.

Various important, treaties have been negotiated with different tribes during the year, by which their title to large and valuable tracts of country has been extinguished: all of which will, at the proper time, be submitted to the Senate for ratification.

The joint commission under the treaty of Guadalupe Hidalga has been actively engaged in running and marking the boundary line between the United States and Mexico. It was stated in the last annual report of the Secretary of the Interior that the initial point on the Pacific and the point of junction of the Gila with the Colorado river had been determined, and the intervening line, about one hundred and fifty miles in length, run and marked by temporary monuments. Since that time a monument of marble has been erected at the initial point, and permanent landmarks of iron have been placed at suitable distances along the line.

The initial point on the Rio Grande has also been fixed by the commissioners at latitude 32° 22′, and, at the date of the last communication, the survey of the line had been made thence westward about one hundred and fifty miles, to the neighborhood of the copper mines.

The commission on our part was at first organized on a scale which experience proved to be unwieldy and attended with unnecessary expense Orders have, therefore, been issued for the reduction of the number of persons employed within the smallest limits consistent with the safety of those engaged in the service and the prompt and efficient execution of their important duties.

Returns have been received from all the officers engaged in taking the census in the States and Territories, except California. The superintendent employed to make the enumeration in that State, has not yet made his full report, from causes, as he alleges, beyond his control. This failure is much to be regretted, as it has prevented the Secretary of the Interior from making the decennial apportionment of representatives among the States, as required by the act approved May 23, 1850. It is hoped, however, that the returns will soon be received, and no time will then be lost in making the necessary apportionment, and in transmitting the certificates required by law.

The Superintendent of the Seventh Census is diligently employed, under the direction of the Secretary of the Interior, in classifying and arranging, in tabular form, all the statistical information derived from the returns of marshals, and it is believed that when the work shall be completed, it will exhibit a more perfect view of the population, wealth, occupations, and social condition of a great country, than has ever been presented to the world. The value of such a work, as the basis of enlightened legislation, can hardly be over-estimated; and I earnestly hope that Congress will lose no time in making the appropriations necessary to complete the classifications, 0023 23 and to publish the results in a style worthy of the subject, and of our national character.

The want of a uniform fee-bill, prescribing the compensation to be allowed district attorneys, clerks, marshals, and commissioners in civil and criminal cases, is the cause of much vexation, injustice and complaint. I would recommend a thorough revision of the laws on the whole subject, and the adoption of a tariff of fees which, as far as practicable, should be uniform, and prescribe a specific compensation for every service which the officer may be required to perform. This subject will be fully presented in the report of the Secretary of the Interior.

In my last annual message I gave briefly my reasons for believing that you possessed the constitutional power to improve the harbors of our great lakes and seacoast, and the navigation of our principal rivers, and recommended that appropriations should be made for completing such works as had already been commenced, and for commencing such others as might seem to the wisdom of Congress to be of public and general importance. Without repeating the reasons then urged, I deem it my duty again to call your attention to ibis important subject. The works on many of our harbors were left in an unfinished state, and, consequently, exposed to the action of the elements, which is fast destroying them. Great numbers of lives and vast amounts of property are annually lost for want of safe and convenient harbors on the lakes. None but those who have been exposed to that dangerous, navigation can fully appreciate the importance of this subject. The whine North-west appeals to you for relief, and I trust their appeal will receive due consideration at your hands.

The same is in a measure true in regard to some of the harbors and inlets on the sea coast.

The unobstructed navigation of our large rivers is of equal importance. Our settlements are now extending to the sources of the great rivers which empty into and form a part of the Mississippi, and the value of the public lands in those regions would be greatly enhanced by freeing the navigation of those waters from obstructions. In view, therefore, of this great interest, I deem it my duty again to urge upon Congress to make such appropriations for these improvements as they may deem necessary.

The surveys of the delta of the Mississippi, with a view to the prevention of the overflows that have proved so disastrous to that region of country, have been nearly completed, and the reports thereof are now in course of preparation, and will shortly be laid before you.

The protection of our south-western frontier, and of the adjacent Mexican States, against the Indian tribes within our border, has claimed my earnest and constant attention. Congress having failed, at the last session, to adopt my recommendation that an additional regiment of mounted men specially adapted to that service should be raised, all that remained to be done was to make the best use of the means at my disposal. Accordingly, all the troops adapted to that service that could properly be spared from other quarters have been concentrated on that frontier, and officers of high reputation selected to command them. A new arrangement of the military posts has also been made, whereby the troops are brought nearer to the Mexican frontier and to the tribes they are intended to overawe.

Sufficient time has not yet elapsed to realize all the benefits that are expected to result from these arrangements, but I have every reason to hope 0024 24 that they will effectually check their marauding expeditions. The nature of the country, which furnishes little for the support of an army, and abounds in places of refuge and concealment, is remarkably well adapted to this predatory warfare; and we can scarcely hope that any military force, combined with the greatest vigilance, can entirely suppress it.

By the treaty of Guadalupe Hidalgo we are bound to protect the territory of Mexico against the incursions of the savage tribes within our border, “with equal diligence and energy,” as if the same were made within our territory or against our citizens. I have endeavored to comply, as mr as possible, with this provision of the treaty. Orders have been given to the officers commanding on that frontier to consider the Mexican territory and its inhabitants as equally with our own entitled to their protection; and to make all their plans and arrangements with a view to the attainment of this object. Instructions have also been given to the Indian commissioners and agents among these tribes, in all treaties, to make the clauses designed for the protection of our own citizens apply also to those of Mexico. I have no reason to doubt that these instructions have been fully carried into effect. Nevertheless, it is probable that in spite of all our efforts, some of the neighboring States of Mexico may have suffered, as our own have, from depredations by the Indians.

To the difficulties of defending our own territory, as above mentioned, are superadded, in defending that of Mexico, those that arise from its remoteness, from the fact that we have no right to station our troops within her limits, and that there is no efficient military force on the Mexican side to coöperate with our own. So long as this shall continue to be the case, the number and activity of our troops will rather increase than diminish the evil, as the Indians will naturally turn towards that country where they encounter the least resistance. Yet these troops are necessary to subdue them, and to compel them to make and observe treaties. Until this shall have been done, neither country will enjoy any security from their attacks.

The Indians in California, who had previously appeared of a peaceable character, and disposed to cultivate the friendship of the whites, have recently committed several acts of hostility. As a large portion of the reinforcements sent to the Mexican frontier were drawn from the Pacific, the military force now stationed there is considered entirely inadequate to its defence. It cannot be increased, however, without an increase of the army; and I again recommend that measure as indispensable to the protection of the frontier.

I invite your attention to the suggestions on this subject, and on others connected with his department, in the report of the Secretary of War.

The appropriations for the support of the army, during the current fiscal year ending 30th June next, were reduced far below the estimate submitted by the department. The consequence of this reduction is a considerable deficiency, to which I invite your early attention.

The expenditures of that department, for the year ending 30th June last, were $9,060,268.58. The estimates for the year commencing 1st July next, and ending June 30, 1853, are $7,898,775.83; showing a reduction of $1,161,492.75.

The board of commissioners, to whom the management of the affairs of the military asylum, created by the act of 3d March last, was entrusted, have selected a site for the establishment of an asylum in the vicinity of 0025 25 this city, which has been approved by me, subject to the production of a satisfactory title.

The report of the Secretary of the Navy will exhibit the condition of the public service under the supervision of that Department. Our naval force afloat during the present year, has been actively and usefully employed in giving protection to our widely-extended and increasing commerce and interests in the various quarters of the globe, and our flag has everywhere afforded the security and received the respect inspired by the justice and liberality of our intercourse, and the dignity and power of the nation.

The expedition commanded by Lieut. De Haven, despatched in search of the British commander, Sir John Franklin, and his companions in the Arctic Seas, returned to New York in the month of October, after having undergone great peril and suffering from an unknown and dangerous navigation and the rigours of a northern climate, without any satisfactory information of the objects of their search, but with new contributions to science and navigation from the unfrequented polar regions. The officers and men of the expedition having been all volunteers for this service, and having so conducted it as to meet the entire approbation of the Government, it is suggested, as an act of grace and generosity, that the same allowances of extra pay and emoluments be extended to them that were made to the officers and men of like rating in the late exploring expedition to the South Seas.

I earnestly recommend to your attention the necessity of reorganizing the naval establishment, apportioning and fixing the number of officers in each grade, providing some mode of promotion to the higher grades of the navy, having reference to merit and capacity, rather than seniority or date of entry into the service, and for retiring from the effective list upon reduced pay those who may be incompetent to the performance of active duty. As a measure of economy, as well as of efficiency in this arm of the service, he provision last mentioned is eminently worthy of your consideration.

The determination of the questions of relative rank between the sea officers and civil officers of the navy, and between officers of the army and navy, in the various grades of each, will also merit your attention. The failure to provide any substitute, when corporal punishment was abolished for offences in the navy, has occasioned the convening of numerous courts-martial upon the arrival of vessels in port, and it is believed to have had an injurious effect upon the discipline and efficiency of the service. To moderate punishment from one grade to another is among the humane reforms of the age; but to abolish one of severity, which applied so generally to offences on ship-board, and provide nothing in its stead, is to suppose a progress of improvement in every individual among seamen which is not assumed by the legislature in respect to any other class of men. It is hoped that Congress, in the ample opportunity afforded by the present session, will thoroughly investigate this important subject, and establish such modes of determining guilt, and such gradations of punishment, as are consistent with humanity and the personal rights of individuals, and at the same time shall insure the most energetic and efficient performance of duty and the suppression of crime in our ships of war.

The stone dock in the navy yard at New York, which was ten years in process of construction, has been so far finished as to be surrendered up to the authorities of the yard. The dry dock at Philadelphia is reported as completed, and is expected soon to be tested and delivered over to the 0026 26 agents of the Government. That at Portsmouth, New Hampshire, is also nearly ready for delivery: and a contract has been concluded, agreeably to the act of Congress at its last session, for a floating sectional dock on the bay of San Francisco. I invite your attention to the recommendation of the Department touching the establishment of a navy yard in conjunction with this dock on the Pacific. Such a station is highly necessary to the convenience and effectiveness of our fleet in that ocean, Which must be expected to increase with the growth of commerce and the rapid extension of our whale fisheries over its waters.

The Naval Academy at Annapolis, under a revised and improved system of regulations, now affords opportunities of education and instruction to the pupils quite equal, it is believed, for professional improvement, to those enjoyed by the cadets in the Military Academy. A large class of acting midshipmen was received at the commencement of the last academic term, and a practice-ship has been attached to the institution, to afford the amplest means for regular instruction in seamanship, as well as for cruises during the vacations of three or four months in each year.

The advantages of science in nautical affairs have rarely been more strikingly illustrated, than in the fact stated in the report of the Navy Department, that, by means of the wind and current charts, projected and prepared by Lieutenant Maury, the Superintendent of the Naval Observatory, the passage from the Atlantic to the Pacific ports of our country has been shortened by about forty days.

The estimates for the support of the navy and marine corps, the ensuing fiscal year, will be found to be $5,856,472.19, the estimates for the current year being $5,900,621.

The estimates for special objects under the control of this department, amount to $2,684,220.89, against $2,210,980 for the present year, the increase being occasioned by the additional mail service on the Pacific coast, and the construction of the dock in California, authorized at the last session of Congress, and some slight additions under the head of improvements and repairs in navy yards, buildings, and machinery.

I deem it of much importance to a just economy, and a correct understanding of naval expenditures, that there should be an entire separation of the appropriations for the support of the naval service proper from those for permanent improvements at navy yards and stations, and from ocean steam-mail service, and other special objects assigned to the supervision of this Department.

The report of the Postmaster-General, herewith communicated, presents an interesting view of the progress, operations, and condition of his Department.

At the close of the last fiscal year, the length of mail routes within the United States was 196,290 miles; the annual transportation thereon 53,272,252 miles; and the annual cost of such transportation $3,421,754.

The length of the foreign mail routes is estimated at 18,349 miles, and the annual transportation thereon at 615,206 miles. The annual cost of this service is $1,472,187, of which $448,937 is paid by the Post-Office Department, and $1,023,250 are paid through the Navy Department.

The annual transportation within the United States (excluding the service in California and Oregon, which is now, for the first time, reported and embraced in the tabular statements of the Department) exceeds that of the preceding year 6,162,855 miles, at an increased cost of $547,110.

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The whole number of post-offices in the United States on the 30th day of June last was 19,796. There were 1,698 post-offices established, and 256 discontinued, during the year.

The gross revenues of the Department for the fiscal year, including the appropriations for the franked matter of Congress, of the Departments, and officers of Government, and excluding the foreign postages, collected for, and payable to the British post-office, amounted to $6,727,866.78.

The expenditures for the same period (excluding $20,599.49, paid under an award of the Auditor, in pursuance of a resolution of the last Congress, for mail service on the Ohio and Mississippi rivers in 1832 and 1833, and the amount paid to the British post-office for foreign postages collected for and payable to that office) amounted to $6,024,566.79; leaving a balance of revenue over the proper expenditures of the year of $703,299.99.

The receipts for postages during the year (excluding the foreign postages collected for and payable to the British post-office) amounted to $6,345,747.21, being an increase of $997,610.79, or 18 65/100 per cent. over the like receipts for the preceding year.

The reduction of postage under the act of March last, did not take effect until the commencement of the present fiscal year. The accounts for the first quarter, under the operation of the reduced rates, will not be settled before January next; and no reliable estimate of the receipts for the present year can yet be made. It is believed, however, that they will fall far short of those of the last year. The surplus of the revenues now on hand is, however, so large, that no further appropriation from the Treasury, in aid of the revenues of the Department, is required for the current fiscal year; but an additional appropriation for the year ending June 30, 1853, will probably be found necessary when the receipts of the first two quarters of the fiscal year are fully ascertained.

In his last annual report, the Postmaster-General recommended a reduction of postage to rates which he dee0med as low as could be prudently adopted, unless Congress was prepared to appropriate from the Treasury, for the support of the Department, a sum more than equivalent to the mail services performed by it for the Government. The recommendations of the Postmaster-General, in respect to the letter postage, except on letters from and to California and Oregon, were substantially adopted by the last Congress. He now recommends adherence to the present letter rates, and advises against a further reduction until justified by the revenue of the Department.

He also recommends that the rates of postage on printed matter be so revised as to render them more simple and more uniform in their operation upon all classes of printed matter. I submit the recommendations of the report to your favorable consideration.

The public statutes of the United States have now been accumulating for more than sixty years, and, interspersed with private acts, are scattered through numerous volumes; and, from the cost of the whole, have become almost inaccessible to the great mass of the community. They also exhibit much of the incongruity and imperfection of hasty legislation. As it seems to be generally conceded that there is no “common law” of the United States to supply the defects of their legislation, it is most important that that legislation should be as perfect as possible, defining every power intended to be conferred, every crime intended to be made punishable, and prescribing the punishment to be inflicted. In addition to some particular 0028 28 cases spoken of more at length, the whole criminal code is now lamentably defective. Some offences are imperfectly described, and others are entirely omitted, so that flagrant crimes may be committed with impunity. The scale of punishment is not in all cases graduated according to the degree and nature of the offence, and is often rendered more unequal by the different modes of imprisonment, or penitentiary confinement, in the different States.

Many laws of a permanent character have been introduced into appropriation bills, and it is often difficult to determine whether the particular clause expires with the temporary act of which it is a part, or continues in force. It has also frequently happened that enactments and provisions of law have been introduced into bills with the title or general subject of which they have little or no connexion or relation. In this mode of legislation so many enactments have been heaped upon each other, and often with but little consideration, that, in many instances, it is difficult to search out and determine what is the law.

The Government of the United States is emphatically a government of written laws. The statutes should, therefore, as far as practicable, not only be made accessible to all, but be expressed in language so plain and simple as to be understood by all, and arranged in such method as to give perspicuity to every subject. Many of the States have revised their public acts with great and manifest benefit; and I recommend that provision be made by law for the appointment of a commission to revise the public statutes of the United States, arranging them in order, supplying deficiencies, correcting incongruities, simplifying their language, and reporting them to Congress for its action.

An act of Congress approved 30th September, 1850, contained a provision for the extension of the Capitol, according to such plan as might be approved by the President, and appropriated one hundred thousand dollars to be expended under his direction, by such architect as lie should appoint to execute the same. On examining the various plans which had been submitted by different architects, in pursuance of an advertisement by a committee of the Senate, no one was found to be entirely satisfactory, and it was therefore deemed advisable to combine and adopt the advantages of several.

The great object to be accomplished was to make such an addition as would afford ample and convenient halls for the deliberations of the two Houses of Congress, with sufficient accommodations for spectators, and suitable apartments for the committees and officers of the two branches of the Legislature. It was also desirable not to mar the harmony and beauty of the present structure, which, as a specimen of architecture, is so universally admired. Keeping these objects in view, I concluded to make the addition by wings, detached from the present building, yet connected with it by corridors. This mode of enlargement will leave the present Capitol uninjured, and afford great advantages for ventilation and the admission of light, and will enable the work to progress without interrupting the deliberations of Congress. To carry this plan into effect I have appointed an experienced and competent architect. The corner-stone was laid on the 4th day of July last with suitable ceremonies, since which time the work has advanced with commendable rapidity, and the foundations of both wings are now nearly complete.

I again commend to your favorable regard the interests of the District of 0029 29 Columbia, and deem it only necessary to remind you, that although its inhabitants have no voice in the choice of representatives in Congress, they are not the less entitled to a just and liberal consideration in your legislation. My opinions on this subject were more fully expressed in my last annual communication.

Other subjects were brought to the attention of Congress in my last annual message, to which I would respectfully refer. But there was one of more than ordinary interest, to which I again invite your special attention. I allude to the recommendation for the appointment of a commission to settle private claims against the United States. Justice to individuals, as well as to the Government, imperatively demands that some more convenient and expeditious mode than an appeal to Congress should be adopted.

It is deeply to be regretted that in several instances officers of the Government, in attempting to execute the law for the return of fugitives from labor, have been openly resisted, and their efforts frustrated and defeated by lawless and violent mobs; that in one case such resistance resulted in the death of an estimable citizen, and in others, serious injury ensued to those officers and to individuals who were using their endeavors to sustain the laws. Prosecutions have been instituted against the alleged offenders, so far as they could be identified, and are still pending. I have regarded it as my duty, in these cases, to give all aid legally in my power to the enforcement of the laws, and I shall continue to do so wherever and whenever their execution may be resisted.

The act of Congress for the return of fugitives from labor is one required and demanded by the express words of the Constitution.

The constitution declares, “That no person held to service or labor in one State, under the laws thereof, escaping into another, shall, in consequence of any law or regulation therein, be discharged from such service or labor, but shall be delivered up on claim of the party to whom such service or labor may be due.” This constitutional provision is equally obligatory upon the legislative, the executive, and judicial departments of the Government, and upon every citizen of the United States.

Congress, however, must, from necessity, first act upon the subject, by prescribing the proceedings necessary to ascertain that the person is a fugitive, and the means to be used for his restoration to the claimant. This was done by an act passed during the first term of President Washington, which was amended by that enacted by the last Congress, and it now remains for the executive and judicial departments to take care that these laws be faithfully executed, This injunction of the constitution is as peremptory and as binding as any other; it stands exactly on the same foundation as that clause which provides for the return of fugitives from justice, or that which declares that no bill of attainder, or ex post facto law shall be passed, or that which provides for an equality of taxation according to the census, or the clause declaring that all duties shall be uniform throughout the United States, or the important provision, that the trial of all crimes shall be by jury. These several articles and clauses of the constitution, all resting on the same authority, must stand or fall together. Some objections have been urged against the details of the act for the return of fugitives from labor; but it is worthy of remark, that the main opposition is aimed against the constitution itself, and proceeds from persons, and classes of persons, many of whom declare their wish to see that constitution overturned. They avow their hostility to any law which 0030 30 shall give full and practical effect to this requirement of the constitution. Fortunately, the number of these persons is comparatively small, and is believed to be daily diminishing, but the issue which they present is one which involves the supremacy, and even the existence of the constitution.

Cases have heretofore arisen in which individuals have denied the binding authority of acts of Congress, and even States have proposed to nullify such acts upon the ground that the Constitution was the supreme law of the land, and that those acts of Congress were repugnant to that instrument; but nullification is now aimed, not so much against particular laws as being inconsistent with the Constitution, as against the Constitution itself; and it is not to be disguised that a spirit exists, and has been actively at work to rend asunder this Union, which is our cherished inheritance from our revolutionary fathers.

In my last annual message I stated that I considered the series of measures, which had been adopted at the previous session, in reference to the agitation growing out of the territorial and slavery questions, as a final settlement in principle and substance of the dangerous and exciting subjects which they embraced; and I recommended adherence to the adjustment established by those measures, until time and experience should demonstrate the necessity of further legislation to guard against evasion or abuse. I was not induced to make this recommendation because I thought those measures perfect, for no human legislation can be perfect. Wide differences and jarring opinions can only be reconciled by yielding something on all sides, and this result had been reached after an angry conflict of many months, in which one part of the country was arrayed against another, and violent convulsion seemed to be imminent. Looking at the interests of the whole country, I felt it to be my duty to seize upon this compromise as the best that could be obtained amid conflicting interests, and to insist upon it as a final settlement, to be adhered to by all who value the peace and welfare of the country. A year has now elapsed since that recommendation was made. To that recommendation I still adhere, and I congratulate you and the country upon the general acquiescence in these measures of peace which has been exhibited in all parts of the republic. And not only is there this general acquiescence in these measures, but the spirit of conciliation which has been manifested in regard to them in all parts of the country has removed doubts and uncertainties in the minds of thousands of good men concerning the durability of our popular institutions, and given renewed assurance that our Liberty and our Union may subsist together for the benefit of this and all succeeding generations.

MILLARD FILLMORE.

Washington , December 2, 1851.

The message was read.

On motion by Mr. Pearce,

Ordered , That the message and accompanying documents be printed; and that ten thousand copies thereof, in addition to the usual number, be furnished for the use of the Senate.

Agreeably to notice Mr. Foote, of Mississippi, asked and obtained leave to bring in a joint resolution (S. 1) in relation to the reception and entertainment of Louis Kossuth, Governor of Hungary, in the United States; which was read and passed to a second reading.

On motion by Mr. Underwood,

The Senate adjourned.

WEDNESDAY, December 3, 1851. Link to Annals.

The Honorable Robert F. Stockton, from the Senate of New Jersey, attended, and the oath prescribed by law having been administered to him, he took his seat in the Senate.

On motion by Mr. Seward,

Ordered , That Nancy King have leave to withdraw her petition.

Agreeably to notice, Mr. Atchison asked and obtained leave to bring in a bill (S. 3) granting the right of way to the State of Missouri, and a portion of the public lands to aid in the construction of a railroad from Hannibal to St. Joseph, in said State; which was read, and passed to a second reading.

Agreeably to notice Mr. Morton asked and obtained leave to bring in bill (S. 4) granting the right of way to the Florida, Atlantic, and Gulf Central Railroad Company through the public lands of the United States, and appropriating lands to the State of Florida in aid of the construction of said railroad and branches; which was read, and passed to a second reading.

Ordered , That it lie on the table, and be printed.

The bill (S. 1) granting the right of way and making a grant of land to the State of Iowa, in aid of the construction of a railroad in said State, was read the second time, and considered as in Committee of the Whole.

On motion by Mr. Jones, of Iowa,

Ordered , That it lie on the table.

The bill (S. 2) to grant to the State of Ohio the unsold and unappropriated public lands remaining in said State was read the second time, and considered as in Committee of the Whole.

On motion by Mr. Chase,

Ordered , That it lie on the table.

The joint resolution (S. 1) in relation to the reception and entertainment of Louis Kossuth, Governor of Hungary, in the United States, was read the second time, and considered as in Committee of the Whole.

A motion being made by Mr. Foote, of Mississippi, to fill the blanks,

A debate ensued; and,

On motion by Mr. Hale,

The Senate adjourned.

THURSDAY, December 4, 1851. Link to Annals.

The Honorable George E. Badger, from the State of North Carolina, and the Honorable Stephen A. Douglas, from the State of Illinois, attended.

The President pro tempore laid before the Senate a report of the Secretary of the Interior, made agreeably to law, communicating lists of the names of the invalids, widows and orphans, now on the navy pension rolls of the United States; which was read.

Ordered , That it be printed.

The Present pro tempore laid before the Senate a letter from the Treasurer of the United States, communicating copies of his accounts for the third and fourth quarters of the year 1850, and the first and second 0032 32 quarters of 1851, as adjusted by the accounting officers of the treasury; which was read.

Ordered , That it lie on the table.

The President pro tempore laid before the Senate a report of the Secretary of the Treasury, Communicating, agreeably to law, a report of the Superintendent of the Coast Survey, showing the progress of that work during the year ending November, 1851; which was read.

Ordered , That it lie on the table, and be printed.

The President pro tempore laid before the Senate a letter from Ira P. Gaines, Governor of Oregon Territory, communicating, agreeably to law, information respecting the application of moneys appropriated for public uses in that Territory; which was read.

Mr. Seward presented the petition of B. Foster Pratt, praying compensation for the services and sufferings of his father in the revolutionary war.

Ordered , That it lie on the table.

Mr. Cass presented the memorial of J. A. Ragan, praying permission to execute a plan invented by him for draining the lands overflowed by the Mississippi and its tributaries, and to be allowed a portion of the lands reclaimed as a compensation for his services.

Ordered , That it lie on the table.

Mr. Cass presented a memorial of citizens of the city and county of Philadelphia, Pennsylvania, praying that the officers and soldiers of the war of 1812 may be allowed the same bounty land that was granted to the officers and soldiers in the Mexican war.

Ordered , That it lie on the table.

Mr. Chase presented a petition of the late and present officers of the land office at Defiance, Ohio, praying additional compensation for services in locating military bounty land warrants.

Ordered , That it lie on the table.

Agreeably to notice, Mr. Gwin asked and obtained leave to bring in a bill (S. 5) to authorize and direct the payment of certain moneys into the treasury of the State of California, which were collected in the ports of said State, as a revenue upon imports, since the ratification of the treaty of peace between the United States and the Republic of Mexico, and prior to the admission of said State into the Union; which was read, and passed to a second reading.

Agreeably to notice, Mr. Gwin asked and obtained leave to bring in a bill (S. 6) to establish a branch of the mint of the United States in California; which was read, and passed to a second reading.

Agreeably to notice, Mr. Gwin asked and obtained leave to bring in a bill (S. 7) to provide for the survey of the public lands in California, the granting of donation privileges therein, and for other purposes; which was read, and passed to a second reading.

Agreeably to notice, Mr. Gwin asked and obtained leave to bring in a bill (S. 8) to create a board of commissioners for the examination and payment of claims against the United States, growing out of the conquest of California; which was read, and passed to a second reading.

Agreeably to notice, Mr. Geyer asked and obtained leave to bring in a bill (S. 9) to grant to the State of Missouri the right of way and a portion of the public lands, for the purpose of aiding in making a railroad from St. Louis to the western limits of said State; which was read, and passed to a second reading.

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Agreeably to notice, Mr. Morton asked and obtained leave to bring in a bill (S. 10) granting the right of way and making a grant of land to the States of Florida and Alabama, in aid of the construction of a railroad from the waters of the Pensacola bay, in Florida, to Montgomery, in the State of Alabama, and for other purposes; which was read, and passed to a second reading.

Ordered , That it lie on the table, and be printed.

Agreeably to notice, Mr. Foote, of Mississippi, asked and obtained leave to bring in a joint resolution (S. 2) expressive of the sympathy of Congress for the exiled Irish patriots Smith O'Brien and Thomas T. Meagher and their associates; which was read, and passed to a second reading.

Agreeably to notice, Mr. Underwood asked and obtained leave to bring in a joint resolution (S. 3) explanatory of the act approved September 28, 1850, entitled “An act granting bounty land to certain officers and soldiers who have been engaged in the military service of the United States;” which was read, and passed to a second reading.

Mr. Foote, of Mississippi, submitted the following resolution for consideration:

Resolved , That the series of measures embraced in the acts entitled “An act proposing to the State of Texas the establishment of her northern and western boundaries, the relinquishment by the said State of all territory claimed by her exterior to said boundaries, and of all her claims upon the United States, and to establish a territorial government for New Mexico,” approved September 9, 1850; “An act for the admission of the State of California into the Union,” approved September 9, 1850; “An act to establish a territorial government for Utah,” approved September 9, 1850; “An act to amend and supplementary to the act entitled ‘An act respecting fugitives from justice and persons escaping from the service of their masters,’ approved February 12, 1793,” approved September 18, 1850; and “An act to suppress the slave trade in the District of Columbia,” approved September 20, 1850, commonly known as the “Compromise Acts,” are, in the judgment of this body, entitled to be recognised as a definitive adjustment and settlement of the distracting questions growing out of the system of domestic slavery, and, as such, that said measures should be acquiesced in and respected by all good citizens.

The Senate proceeded to consider the said resolution by unanimous consent.

On motion by Mr. Foote, of Mississippi,

Ordered , That the further consideration thereof be postponed to Monday next, and be the order of the day.

Mr. Hale submitted the following resolution for consideration:

Resolved , That the Secretary of the Navy be instructed to inform the Senate if the Navy Department has been informed of any violations of the law of the United States abolishing flogging in the naval service by any officers of the navy; and, if so, what measures, if any, has the Secretary taken to vindicate the law.

On motion by Mr. Pearce, that five thousand and five hundred additional copies of the report of the Secretary of the Treasury and the accompanying report of the Superintendent of the Coast Survey be printed for the use of the Senate; and that five hundred copies from this number be supplied to the Superintendent of the Coast Survey, 3

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Ordered , That the motion be referred to the Committee on Printing.

Mr. Gwin submitted the following resolution for consideration:

Resolved , That the President of the United States he requested to communicate, to the Senate a despatch, addressed by Mr. Niles, late American charge d'affairs to Sardinia, to the Hon. John M. Clayton, Secretary of State, on the subject of a ship channel to unite the waters of the Atlantic and Pacific ocean, having date 30th June, 1849, if in, his opinion such communication can be made without injury to the public interest.

The Senate resumed, as in Committee of the Whole, the consideration of the bill (S. 2) to grant to the State of Ohio the unsold and unappropriated public lands remaining in that State; and,

On motion by Mr. Chase,

Ordered , That it lie on the table and be printed.

The Senate resumed, as in Committee of the Whole, the consideration of the joint resolution (S. 1.) in relation to the reception and entertainment of Louis Kossuth, Governor of Hungary, in the United States.

On motion by Mr. Foote, of Mississippi,

Ordered , That leave be given to withdraw the resolution.

On motion,

That the Senate proceed to the election of Chaplain, in pursuance of their order of the second instant.

Mr. Hale, thereupon submitted the following resolution for consideration:

Resolved , That two chaplains be appointed to Congress during the present session, one by each house, who shall interchange weekly.

On motion by Mr. Badger,

Ordered , That when the Senate adjourn, it be to Monday next.

On motion by Mr. Miller,

The Senate adjourned.

MONDAY, December 8, 1851. Link to Annals.

The Honorable John Bell, from the State of Tennessee; the Honorable Solon Borland, from the State of Arkansas; the Honorable Andrew P. Butler, and the Honorable R. Barnwell Rhett, from the State of South Carolina; the Honorable Solomon W. Downs, from the State of Louisiana; and the Honorable Thomas J. Rusk, from the State of Texas, attended.

Mr. Underwood presented a petition of citizens of New Jersey, two petitions of citizens of Delaware, a petition and a memorial of citizens of Missouri, the memorial of citizens of Vermont, a petition of citizens of Indiana, two memorials of citizens of Illinois, and tyro memorials of citizens of Pennsylvania, praying that the office of Chaplain, in the public: service, may be abolished.

Ordered , That they lie on the table.

On motion by Mr. Bright,

Ordered , That so much of the thirty-fifth rule of the Senate as relates to the appointment of the standing committees be suspended.

On motion by Mr. Bright, and by unanimous consent,

Ordered , That the following standing committees be appointed:

A Committee on Foreign Relations, consisting of Mr. Mason, chairman, Mr. Douglas, Mr. Norris, Mr. Mangum, and Mr. Underwood.

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A Committee on Finance, consisting of Mr. Hunter, chairman, Mr. Bright, Mr. Gwin, Mr. Pearce, and Mr. Miller.

A Committee on Commerce, consisting of Mr. Hamlin, chairman, Mr. Soule, Mr. Dodge, of Wisconsin, Mr. Davis, and Mr. Seward.

A Committee on Manufactures, consisting of Mr. Sebastian, chairman, Mr. Bayard, Mr. Stockton, Mr. Upham, and Mr. James.

A Committee on Agriculture, consisting of Mr. Soule, chairman, Mr. Walker, Mr. Atchison, Mr. Spruance, and Mr. Wade.

A Committee on Military Affairs, consisting of Mr. Shields, chairman, Mr. Clemens, Mr. Borland, Mr. Dawson, and Mr. Jones, of Tennessee.

A Committee on the Militia, consisting of Mr. Houston, chairman, Mr. Dodge, of Wisconsin, Mr. Borland, Mr. Morton, and Mr. Spruance.

A Committee on Naval Affairs, consisting of Mr. Gwin, chairman, Mr. Stockton, Mr. Mallory, Mr. Badger, and Mr. Fish.

A Committee on Public Lands, consisting of Mr. Felch, chairman, Mr. Shields, Mr. Dodge, of Iowa, Mr. Underwood, and Mr. Pratt.

A Committee on Private Land Claims, consisting of Mr. Dawson, chairman, Mr. Whitcomb, Mr. Clemens, Mr. Davis, and Mr. Hale.

A Committee on Indian Affairs, consisting of Mr. Atchison, chairman, Mr. Sebastian, Mr. Rusk, Mr. Bell, and Mr. Cooper.

A Committee on Claims, consisting of Mr. Brodhead, chairman, Mr. Whitcomb, Mr. Bayard, Mr. Pratt, and Mr. Wade.

A Committee on Revolutionary Claims, consisting of Mr. Walker, chairman, Mr. Chase, Mr. James, Mr. Foot, and Mr. Sumner.

A Committee on the Judiciary, consisting of Mr. Butler, chairman, Mr. Downs, Mr. Bradbury, Mr. Berrien, and Mr. Geyer.

A Committee on the Post Office and Post Roads, consisting of Mr. Rusk, chairman, Mr. Soulé, Mr. Hamlin, Mr. Upham, and Mr. Morton.

A Committee on Roads and Canals, consisting of Mr. Bright, chairman, Mr. Rhett, Mr. Douglas, Mr. Spruance, and Mr. Sumner.

A Committee on Pensions, consisting of Mr. Jones, of Iowa, chairman, Mr. Borland, Mr. Stockton, Mr. Foot, of Vermont, and Mr. Geyer.

A Committee on the District of Columbia, consisting of Mr. Shields, chairman, Mr. Bradbury, Mr. Norris, Mr. Berrien, and Mr. Clarke.

A Committee on Patents and the Patent Office, consisting of Mr. Norris, chairman, Mr. James, Mr. Whitcomb, Mr. Dawson, and Mr. Smith.

A Committee on Retrenchment, consisting of Mr. Bradbury, chairman, Mr. Bright, Mr. Felch, Mr. Mangum, and Mr. Fish.

A Committee on Territories, consisting of Mr. Douglas, chairman, Mr. Houston, Mr. Gwin, Mr. Cooper, and Mr. Jones, of Tennessee.

A Committee on Public Buildings, consisting of Mr. Whitcomb, chairman, Mr. Hunter, and Mr. Clarke.

A Committee on Printing, consisting of Mr. Borland, chairman, Mr. Hamlin, and Mr. Smith.

A Committee on Engrossed Bills, consisting of Mr. Bayard, chairman, Mr. Mallory, and Mr. Hale.

A Committee on the Library, consisting of Mr. Pearce, chairman, Mr. Clemens, and Mr. Dodge, of Iowa.

A Committee on Enrolled Bills, consisting of Mr. Jones, of Iowa, chairman, and Mr. Badger.

A Committee to Audit and Control the Contingent Expenses of the Senate, consisting of Mr. Dodge, of Iowa, chairman, Mr. Walker, and Mr. Bell.

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Mr. Seward presented the petition of Sarah Bennett, widow of Asahel P. Bennett, praying compensation for the services of her husband in the revolutionary war; which was referred to the Committee on Pensions.

Mr. Seward presented the memorial of Hugh W. Dobbin, praying compensation for his services as an officer in the last war with Great Britain; which was referred to the Committee on Pensions.

Mr. Seward presented a memorial of the assistant marshals of the counties of Oswego and Monroe, in the State of New York, praying additional compensation for services in taking the seventh census; which was referred to the Committee of Claims.

Mr. Seward presented a petition of Hugh N. Page and others, officers in the Navy, praying additional compensation in consideration of hardships and expenses, to which they were subjected while on duty in California; which was referred to the Committee on Naval Affairs.

Mr. Seward presented a petition of the petty officers, seamen and marines who served in the United States' Frigate Savannah, during her cruise in the Pacific, in the year 1849, praying to be allowed additional pay; which was referred to the Committee on Naval Affairs.

Mr. Badger presented the memorial of the President and Directors of the Raleigh and Gaston Railroad Company, praying the remission of the duties on certain railroad iron; which was referred to the Committee on Finance.

Mr. Gwin presented a joint resolution passed by the Legislature of the State of California, in relation to the Pious Fund of California; which was referred to the Committee on Naval Affairs.

Mr. Gwin presented a joint resolution passed by the Legislature of California, in favor of the passing of an act by Congress, to refund to the State of California the duties collected in her ports previous to the admission of the State into the Union; which was referred to the Committee on Finance.

Ordered , That it be printed.

Mr. Gwin presented a resolution passed by the Legislature of California instructing the Senators, and requesting the Representatives of that State in Congress, to use their efforts to procure the establishment of forts, and the stationing of troops along the borders of that State, for the protection of her citizens against Indian incursions; which was referred to the Committee on Military Affairs.

Ordered , That it be printed.

Mr. Foote, of Mississippi, presented a memorial of citizens of Jones county, Mississippi, printing that additional compensation may be allowed Elijah B. Harvey, for services as a deputy marshal for taking the seventh census; which was referred to the Committee of Claims.

Mr. Foote, of Mississippi, presented the memorial of E. D. Reynolds, a purser in the navy, praying compensation for services as naval storekeeper at San Francisco, and to be allowed the pay of a purser to a sloop-of-war during the time he performed the duties of that office; which was referred to the Committee on Naval Affairs.

Mr. Foote, of Mississippi, presented the petition of William Henderlite, praying compensation for services in carrying the mail; which was referred to the Committee of Claims.

Mr. Davis presented the memorial of William Cranch, chief judge of 0037 37 the District Court of the United States for the District of Columbia, praying compensation for services in hearing and determining appeals from the decisions of the Commissioner of Patents in certain cases; which was referred to the Committee on the Judiciary.

Mr, Davis presented the petition of G. Winthrop Coffin, and Howard, Son & Co., proposing to establish a line of steamers between Boston, Massachusetts, and New Orleans, in Louisiana, and praying that they may be authorized to contract for carrying the mail between those ports; which was referred to the Committee on Naval Affairs.

Mr. Downs presented a petition of the Police jury of the Parish of Morehouse, Louisiana, praying the confirmation of the title of that parish to certain lands lying in the Bastrop grant; which was referred to the Committee on Public Lands.

Mr. Downs presented the petition of John Ervin, a settler on the Bastrop grant, praying to be allowed a section of land in lieu of the land of which he has been dispossessed by the United States; which was referred to the Committee on Private Land Claims.

Mr. Downs presented the memorial of Thomas J. Durant, late United States' Attorney for the district of Louisiana, praying the payment of balance due on a settlement of his accounts, and that he may be authorized to institute suit against the United States for the purpose of obtaining a judicial decision of his claims; which was referred to the Committee on the Judiciary.

Mr. Pearce presented a petition of the petty officers, seamen and marines, of the United States frigate Savannah, praying additional compensation for their service in California, in consideration of the extraordinary expenses re which they were subjected while on that station; which was referred to the Committee on Naval Affairs.

Mr. Miller presented a petition of citizens of Newark, New Jersey, praying the enactment of a law giving further remedies to patentees; which referred to the Committee on the Judiciary.

Mr. Cass presented the memorial of Hezekiah Miller, a clerk in the Indian Bureau, praying to be allowed certain arrears of pay; which was referred to the Committee of Claims.

Mr. Cass presented a petition of certain Hollanders, settlers in the counties of Ottawa and Allegan, in the State of Michigan, praying an appropriation for completing the improvement of Black Lake harbor in that State; which was referred to the Committee on Commerce.

Mr. Cass presented the petition of David P. Weeks, a pensioner of the United States, praying to be allowed arrears of pension; which was referred to the Committee on Pensions.

Mr. Underwood presented the petition of James Jeffries and P. M. Smith, praying to be released from a forfeiture incurred under a contract for carrying the mail; which was referred to the Committee on the Post-office and Post-roads.

Mr. Dodge, of Iowa, presented a petition of the late and present officers of the land office at Dubuque, Iowa, praying additional compensation for services in locating military bounty land warrants; which was referred to the Committee on Public Lands.

Mr. Gwin presented a petition of Tavener McKay and others, of Carson Valley, California, praying a grant of a certain tract of land in that 0038 38 State, for the purposes of settlement and cultivation; which was referred to the Committee on Public Lands.

On motion by Mr. Hunter,

Ordered , That the petition of the Orange and Alexandria Railroad Company, on the files of the Senate, be referred to the Committee of Claims.

On motion by Mr. Pearce,

Ordered , That the memorial of William Hultmamm, on the files of the Senate, he referred to the Committee on Military Affairs.

On motion by Mr. Miller,

Ordered , That the petition of John Moore White, on the files of the Senate, be referred to the Committee on Revolutionary Claims.

On motion by Mr. Dodge, of Iowa,

Ordered , That the petition of the heirs of John Rice Jones, on the files of the Senate, be referred to the Committee on Private Land Claims.

On motion by Mr. Underwood,

Ordered , That the petition of Samuel M. Bootes, on the files of the Senate, be referred to the Committee of Claims.

On motion by Mr. Clarke.

Ordered , That the petition of William P. Greene, on the files of the Senate, be referred to the Committee on Commerce.

On motion by Mr. Clarke,

Ordered , That the petition of the heirs of William Barton, on the files of the Senate, be referred to the Committee on Pensions.

On motion by Mr. Clarke,

Ordered , That the documents on the files of the Senate, relating to the claim of the State of Rhode Island, be referred to the Committee on Military Affairs.

On motion by Mr. Upham,

Ordered , That the petition of Ira Day, on the files of the Senate, be referred to the Committee on the Post-office and Post-roads.

On motion by Mr. Upham,

Ordered , That the petition of Azel Spalding, on the files of the Senate, be referred to the Committee on Pensions.

On motion by Mr. Hamlin,

Ordered , That the petition of John A. McGraw, on the files of the Senate, be referred to the Committee on Commerce.

On motion by Mr. Hamlin,

Ordered , That the memorial of the heirs of Judith Worthen, on the files of the Senate, be referred to the Committee on Pensions.

On motion by Mr. Hamlin,

Ordered , That the memorial of Rufus Dwinel, on the files of the Senate, be referred to the Committee on the Post-office and Post-roads.

On motion by Mr. Douglas,

Ordered , That William H. Topping have leave to withdraw his memorial and papers.

On motion by Mr. Dawson,

Ordered , That the memorial of Jane Irwin, on the files of the Senate, be referred to the Committee on Revolutionary Claims.

On motion by Mr. Atchison,

Ordered , That Johnston Lykins have leave to withdraw his petition and papers.

0039 39

On motion by Mr. Butler,

Ordered , That William Rail have leave to withdraw his petition and papers.

Mr. Davis submitted the following resolution:

Resolved , That the Secretary of the Senate be instructed to complete the set of statutes of the United States in use in the Senate, its offices, and committee rooms, by adding thereto the ninth volume.

Mr. Shields submitted the following resolution for consideration:

Resolved , That a committee of three be appointed by the chair, to wait upon Louis Kossuth, governor of Hungary, and introduce him to the Senate.

On motion by Mr. Rusk,

Ordered , That the petition of Samuel F. Butterworth, on the files of the Senate, be referred to the Committee on the Post Office and Post Roads.

On motion by Mr. Seward,

Ordered , That the petition of residents of Niagara county, New York, in behalf of Stephen Warren, on the files of the Senate, be referred to the Committee on Pensions.

On motion by Mr. Morton,

Ordered , That the petition of William D. Acken and Julia Acken, representatives of William Yool, on the files on the Senate, be referred to the Committee on Naval Affairs.

On motion by Mr. Shields,

Ordered , That the memorial of Thomas M. Hope, on the files of the Senate, be referred to the Committee of Claims.

On motion by Mr. Chase,

Ordered , That the memorial of the late and present land officers at Defiance, Ohio, presented the 4th instant, be referred to the Committee on Public Lands.

The Senate proceeded to consider the resolution submitted by Mr. Hale, the 4th instant, in relation to any violations of the law of the United States abolishing flogging in the navy; and,

On motion by Mr. Hale,

Ordered , That it lie on the table.

The Senate proceeded to consider the resolution submitted by Mr. Gwin, the 4th instant, in relation to a communication from the American chargé d'affaires at Sardinia, on the subject of a ship channel to unite the waters of the Atlantic and Pacific oceans; and the resolution was agreed to.

The Senate proceeded to consider the resolution submitted by Mr. Hale, the 4th instant, in relation to the appointment of chaplains; and the resolution was agreed to.

Ordered , That the secretary notify the House of Representatives thereof.

The joint resolution (S. R. 3) explanatory of the act approved September 28, 1850, entitled “An act granting bounty land to certain officers and soldiers who have engaged in the military service of the United States,” was read the second time.

On motion by Mr. Underwood,

Ordered , That it be referred to the Committee on Public Lands.

The bill (S. 5) to authorize and direct the payment of certain moneys into the treasury of the State of California, which were collected in the ports of said State as a revenue upon imports since the ratification of the 0040 40 treaty of peace between the United States and the Republic of Mexico, and prior to the admission of said State into the Union, was read the second time.

Ordered , That it be referred to the Committee on Finance.

The bill (S. 6) to establish a branch of the mint of the United States in California, was read the second time.

Ordered , That it be referred to the Committee on Finance.

The bill (S. 7) to provide for the survey of the public lands in California, the granting of donation privileges therein, and for other purposes, was read the second time.

Ordered , That it be referred to the Committee on Public Lands.

The bill (S. 8) to create a board of commissioners for the examination and payment of claims against the United States, growing out of the conquest of California, was read the second time.

Ordered , That it be referred to the Committee on Military Affairs.

Agreeably to notice, Mr. Walker asked and obtained leave to bring in a bill (S. 11) to cede the public lands of the United States to the States respectively, in which they are situated, on condition that the said States shall severally grant and convey the said lands to actual occupants only, in limited quantities, for cost of survey, transfer and title muniments merely; which was read the first and second times, by unanimous consent, and referred to the Committee on Public Lands.

Agreeably to notice, Mr. Walker asked and obtained leave to bring in a bill (S. 12) granting to the State of Wisconsin the right of way, and a donation of public land for the purpose of locating and constructing a railroad from Milwaukie to Prairie La Crasse, in Wisconsin; which was read the first and second times, by unanimous consent, and referred to the Committee on Public Lands.

Agreeably to notice, Mr. Walker asked and obtained leave to bring in a bill (S. 13) granting to the State of Wisconsin the right of way and a donation of public lands for the purpose of locating and constructing a railroad from Fond du Lac to Jonesville in said State; which was read the, first and second times, by unanimous consent, and referred to the Committee on Public Lands.

Agreeably to notice, Mr. Seward asked and obtained leave to bring in a joint resolution (S. R. 4) of welcome to Louis Kossuth; which was read and passed to the second reading.

Agreeably to notice, Mr. Clemens asked and obtained leave to bring in a bill (S. 14) granting to the State of Alabama the right of way and a demotion of public lands for making a railroad from Selma to the Tennessee river; which was read the first and second times, by unanimous consent, and referred to the Committee on Public Lands.

Agreeably to notice, Mr. Clemens asked and obtained leave to bring in a joint resolution (S. R. 5) authorizing the President of the United States to confer the title of lieutenant-general, by brevet, for eminent services; which was read the first and second times, by unanimous consent, and referred to the Committee on Military Affairs.

On motion by Mr. Chase,

Ordered , That the bill (S. 2) to grant to the State of Ohio the unsold and unappropriated lands remaining in that State, be referred to the Committee on Public Lands.

0041 41

The bill (S. 4) granting the right of way to the Florida, Atlantic and Gulf Central Railroad Company through the public lands of the United States, and appropriating lands to the State of Florida, in aid of the construction of railroads and branches, was read the second time.

Ordered , That it be referred to the Committee on Public Lands.

The bill (S. 3) granting the right of way to the State of Missouri, and a portion of the public lands to aid in the construction of a railroad from Hannibal to St. Joseph, in said State, was read the second time.

Ordered , That it be referred to the Committee on Public Lands.

The bill (S. 9) to grant to the State of Missouri the right of way and a portion of the public lands for the purpose of aiding in making a railroad from St. Louis to the western limits of said State, was read the second time.

Ordered , That it be referred to the Committee on Public Lands.

The bill (S. 10) granting the right of way and making a grant of land to the States of Florida and Alabama, in aid of the construction of a railroad from the waters of the Pensacola bay, in Florida, to Montgomery, in the State of Alabama, and for other purposes, was read the second time.

Ordered , That it be referred to the Committee on Public Lands.

The Senate resumed the consideration of the bill (S. 1) granting the right of way, and making a grant of land to the State of Iowa, in aid of the construction of a railroad in said State; and,

On motion by Mr. Jones,

Ordered , That it be referred to the Committee on Public Lands.

Agreeably to notice, Mr. Gwin asked and obtained leave to bring in a bill (S. 15) to establish a navy-yard and depot in the Bay of San Francisco, in California; which was read the first and second times, by unanimous consent, and referred to the Committee on Naval Affairs.

Agreeably to notice, Mr. Bright asked and obtained leave to bring in a resolution (S. 6) in relation to printing the returns of the seventh census; which was read the first and second times, by unanimous consent, and referred to the Committee on Printing.

The Senate resumed the consideration of the resolution submitted by Mr. Foote, the 4th instant, in relation to the adjustment of the questions growing out of the institution of domestic slavery; and,

After debate.

On motion by Mr. Atchison,

The Senate adjourned.

TUESDAY, December 9, 1851. Link to Annals.

The Honorable Sam. Houston from the State of Texas, attended.

Mr. Miller presented a memorial of the petty officers and crew of the United States' frigate Congress, off Monte Video, praying that they may be allowed to commute their rations; which was referred to the Committee on Naval Affairs.

Mr. Clarke presented the petition of Elizabeth Arnold, only daughter of Jonathan Pitcher, deceased, an officer of the navy during the revolutionary war, praying to be allowed a pension, which was referred to the Committee on Pensions.

0042 42

Mr. Gwin presented the memorial of Ambrose W. Thompson, proposing to establish, with the approbation of Congress, a line of mail steamers between California and China; which was referred to the Committee on Naval Affairs.

Mr. Clarke submitted documents relating to the claim of Samuel Crapin, a pensioner of the United States, to an increase of pension; which were referred to the Committee on Pensions.

Mr. Brodhead presented a memorial of volunteers in the last war with Great Britain, praying a further grant of bounty lands to the officers and soldiers of that war; which was referred to the Committee on Public Lands.

Mr. Brodhead presented a memorial of citizens of Northampton county, Pennsylvania, praying a further grant of bounty land to the officers and soldiers of the last war with Great Britain; which was referred to the Committee on Public Lands.

Mr. Brodhead presented a petition of citizens of Philadelphia, Pennsylvania, praying the enactment of a law to prohibit the introduction into the ports of the United States, of foreign convicts, felons and paupers; which was referred to the Committee on the Judiciary.

Mr. Hamlin presented the petition of Leonard J. Thomas, praying that pensioners under the act of April 24, 1816, may be entitled to draw pensions from the date of the passage of said act; which was referred to the Committee on Pensions.

Mr. Dodge, of Wisconsin, presented the memorial of Mary W. Thompson, widow of Alexander B. Thompson, deceased, late an officer in the army, praying to be allowed a pension; which was referred to the Committee on Pensions.

Mr. Badger presented the memorial of Joseph Gideon, praying compensation for services performed by him as an acting purser in the navy; which was referred to the Committee on Naval Affairs.

Mr. Borland presented a petition of the late and present land officers at Clarksville, Arkansas, praying additional compensation for services in locating military bounty land warrants; which was referred to the Committee on Public Lands.

Mr. Seward presented the petition of George C. Paine and Polly Teall, heirs of Brinton Paine, deceased, an officer in the revolutionary war, praying to be allowed back-pay and a pension; which was referred to the Committee on Pensions.

Mr. Seward presented a memorial of a committee of the Industrial Congress of New York, praying that no change may be made in the existing bounty land laws tending to increase speculation in the public lands; which was referred to the Committee on Public Lands.

Mr. Bright presented the petition of Adam Hays, a pensioner of the United States, praying to be allowed arrears of penmen; which was referred to the Committee on Pensions.

Mr. Underwood presented two petitions of citizens of Virginia and a Petition of citizens of Mississippi, praying that the office of chaplain in the public service may be abolished; which were referred to the Committee on the Judiciary.

Mr. Felch presented the petition of Hiram Moore and John Hascall, praying an extension of their patent for a harvesting machine; which was referred to the Committee on Patents and the Patent Office.

Mr. Felch presented the petition of the register and receiver of the land 0043 43 office at Sault Ste. Marie, praying compensation for services in the entry of lands on military bounty land warrants; which was referred to the Committee on Public Lands.

Mr. Felch presented a memorial of citizens of Monroe county, Michigan, praying certain, amendments to the law of July 7, 1838, for the better security of the lives of passengers on board of vessels propelled in whole or in part by steam; which was referred to the Committee on Commerce.

Mr. Gwin presented a memorial of members of the bar and citizens of California, praying that the salary of the district judge for the northern district of California, may be increased; which was referred to the Committee on the Judiciary.

Ordered , That it be printed.

Mr. Chase presented the memorial of James B. Moore, Josiah Lawrence and Henry H. Goodman, of Ohio, and John H. Diehl, of Pennsylvania, and their associates, proposing, with the aid of Government, to establish a regular line of mail steamers from California or Oregon to China; which was referred to the Committee on Naval Affairs.

Mr. Stockton presented a petition of inhabitants of Newark, New Jersey, praying the adoption of measures to enable John S. Thrasher, a citizen of the United States, held in imprisonment by the Spanish authorities at Havana, in Cuba, to obtain a fair and legal trial before the proper court of justice upon the charges under which he was arrested and imprisoned; which was referred to the Committee on Foreign Relations.

Mr. Gwin presented the memorial of H. P. Dorsey, a citizen of California, praying to be indemnified for losses incurred in consequence of Indian depredations; which was referred to the Committee of Claims.

Mr. Butler presented the petition of Frances Moore, legal representative of John Moore, deceased, praying the payment of certain indents issued by the State of South Carolina in the revolutionary war; which was referred to the Committee on Revolutionary Claims.

On motion by Mr. Felch,

Ordered , That the petition of Sidney A. Allcott, on the files of the Senate, be referred to the Committee on Public Lands.

On motion by Mr. Hunter,

Ordered , That the memorial of the trustees of the Mercer Monument Association, on the files of the Senate, be referred to the Committee on the Library.

On motion by Mr. Douglas,

Ordered , That the petition of the executors of Henry Eckford, deceased, on the files of the Senate, be referred to the Committee of Claims.

On motion by Mr. Rusk,

Ordered , That the petition of John C. Hays, and the memorial of Robert Piatt, on the files of the Senate, be referred to the Committee of Claims.

On motion by Mr. Rusk,

Ordered , That the petition of Robert Jemison and Benjamin Williamson, on the files of the Senate, be referred to the Committee on the Post Office and Post Roads.

On motion by Mr. Rusk,

Ordered , That the petition of Emily C. B. Thompson, widow of Charles Thompson, deceased, on the files of the Senate, be referred to the Committee on Naval Affairs.

0044 44

On motion by Mr. Rusk,

Ordered , That the memorial of Henry Smith, on the files of the Senate, be referred to the Committee on Indian Affairs.

On motion of Mr. Rusk,

Ordered , That the memorial of Mary W. Thompson, on the files of the Senate, be referred to the Committee on Pensions.

On motion by Mr. Norris,

Ordered , That the petition of Isaac Adams, on the files of the Senates, be referred to the Committee on Patents and the Patent Office.

On motion by Mr. Morton,

Ordered , That the memorial of A. H. Cole, the memorial of Isaac Varnes, Sr., and the petition of Allen G. Johnson, on the files of the Senate, be referred to the Committee of Claims.

On motion by Mr. Morton,

Ordered , That the documents on the files of the Senate, relating to the claim of Captain George E. McClelland's company of Florida volunteers, be referred to the Committee on Military Affairs.

Mr. Downs submitted the following resolution, which was considered by unanimous consent and agreed to:

Resolved , That the Secretary of the Department of War communicate to the Senate, any reports which have been received in reference to the inundations of the Mississippi, and to state whether any further appropriation is required to complete the surveys and investigations heretofore directed.

Mr. Stockton submitted the following resolution, which was considered by unanimous consent, and agreed to:

Resolved , That the President of the United States be requested to lay before the Senate, if not incompatible with the public interests, all the information in his possession touching the imprisonment of Mr. John S. Thrasher, in the dungeons of the Punta Castle, in the city of Havana and island of Cuba.

Mr. Cass submitted the following resolution for consideration:

Resolved , That the President of the United States be requested to communicate to the Senate, if not inconsistent with the public interest, any information the Executive may have received, respecting the firing into and seizure of the American steamship Prometheus by a British vessel-of-war in November last, near Grey Town, on the Mosquito coast; and also what measures have been token by the Executive to ascertain the state of the facts, and to vindicate the honor of the country.

Mr. Bright submitted the following resolution for consideration:

Resolved , That the following shall be one of the standing rules of the Senate, to wit:

52. The Secretary of the Senate, the Sergeant-at-arms and Doorkeeper and the assistant Doorkeeper, shall be chosen on the third Monday of the present (first session of the thirty-second Congress) and on the second Monday of the first session of every succeeding Congress.

On motion by Mr. Underwood,

Ordered , That the memorials and petitions on file presented at this session, praying that the office of chaplain in the public service may be abolished, be referred to the Committee on the Judiciary.

On motion by Mr. Davis,

Ordered , That all memorials, petitions and documents, on the files of the 0045 45 Senate, relating to the subject of amending the law of July 7, 1838, for the better security of the lives of passengers on board of vessels propelled in whole or in part by steam, be referred to the Committee on Commerce.

On motion by Mr. Clarke,

Ordered , That the memorial of William Wilkinson and others, officers and soldiers of the Rhode Island brigade in the revolutionary war, on the files of the Senate, be referred to the Committee on Revolutionary Claims.

On motion by Mr. Morton,

Ordered , That the memorial of John M. McIntosh, on the files of the Senate, be referred to the Committee of Claims.

On motion by Mr. Rusk,

Ordered , That the memorial of Preston Starritt, on the files of the Senate, be referred to the Committee on Military Affairs.

Agreeably to notice, Mr. Gwin asked and obtained leave to bring in a bill (S. 16) to amend the act entitled “An act to provide for the extending the laws and judicial system of the United States to the State of California,” passed the 28th of September, 1850; which was read the first and second times, by unanimous consent, and referred to the Committee on the Judiciary.

Agreeably to notice, Mr. Hunter asked and obtained leave to bring in a bill (S. 17) to change the times for holding the district courts of the United States in the western district of Virginia, and for other purposes; which was read the first and second times, by unanimous consent, and referred to the Committee on the Judiciary.

Agreeably to notice, Mr. Morton asked and obtained leave to bring in bill (S. 18) for the relief of Mrs. A. M. Dade, widow of the late Major F. L. Dade, United States army; which was read the first and second times, by unanimous consent, and referred to the Committee on Pensions.

Agreeably to notice, Mr. Walker asked and obtained leave to bring in the following bills:

S. 19. A bill to extend the time selecting lands granted to the State of Wisconsin for saline purposes.

S. 20. A bill granting the right of way and making a donation of land to the States of Wisconsin and Michigan, in aid of the construction of read from Green Bay to Lake Superior.

The said bills were read the first and second times, by unanimous consent, and referred to the Committee on Public Lands.

Agreeably to notice, Mr. Seward asked and obtained leave to bring in a bill (S. 21) to establish a mint of the United States in the city of New York; which was read the first and second times, by unanimous consent, and referred to the Committee on Finance.

Agreeably to notice, Mr. Hale asked and obtained leave to bring in a joint resolution (S. R. 7) requesting the President of the United States to interpose the friendly offices of this Government with the President of the Republic of France in behalf of the liberation of Abdel Kadir; which was read, and passed to a second reading.

Agreeably to notice, Mr. Rhett asked and obtained leave to bring in a bill (S. 22) to indemnify the State of South Carolina for money expended for the United States in the war in Florida with the Seminole Indians; which was read the first and second times, by unanimous consent, and referred to the Committee on Military Affairs.

0046 46

Agreeably to notice, Mr. Downs asked and obtained leave to bring in a bill (S. 23) to aid the State of Louisiana in reclaiming the overflowed lands therein, and for other purposes; which was read the first and second times, by unanimous consent, and referred to the Committee on Public Lands.

Agreeably to notice, Mr. Borland asked and obtained leave to bring in a bill (S. 24) allowing exchanges of, and granting additional school lands in the several States which contain public lands, and for other purposes; which was read the first and second times, by unanimous consent, and referred to the Committee on Public Lands.

Agreeably to notice, Mr. Borland asked and obtained leave to bring in bill (S. 25) to establish a port of entry and delivery at Little Rock, in Arkansas; which was read the first and second times, by unanimous consent, and referred to the Committee on Commerce.

Agreeably to notice, Mr. Berrien asked and obtained leave to bring in a bill (S. 26) to regulate the compensation of the district judge of the United States for the district of Massachusetts; which was read the first and second times, by unanimous consent, and referred to the Committee on the Judiciary, together with the papers on file, relating to the subject.

Agreeably to notice, Mr. Berrien asked and obtained leave to bring in a bill (S. 27) to authorize notaries public to take and certify oaths, affirmations and acknowledgments in certain cases; which was read the first and second times, by unanimous consent, and referred to the Committee on the Judiciary.

Agreeably to notice. Mr. Felch asked and obtained leave to bring in the following bills:

S. 28. A bill granting to the State of Michigan the right of way and a donation of public land for the construction of a ship canal around the Falls of St. Mary's, in said State.

S. 29. A bill granting to the State of Michigan the right of way and a donation of public lands for the purpose of constructing a road from Saginaw to Montreal river, with a branch from the Grand river into the same.

S. 30. A bill to extend the time for selecting lands granted to the State of Michigan for saline purposes.

The said bills were read the first and second times, by unanimous consent, and referred to the Committee on Public Lands.

Agreeably to notice, Mr. Borland asked and obtained leave to bring in a bill (S. 31) for the relief of Mark Bean and Richard H. Bean of Arkansas; which was read the first and second times, by unanimous consent, and referred to the Committee on Public Lands.

Agreeably to notice, Mr. Borland asked and obtained leave to bring in a bill (S. 32) for the relief of Margaret L. Worth; which was read the first and second times, by unanimous consent, and referred to the Committee on Pensions.

Agreeably to notice, Mr. Norris asked ant obtained leave to bring in a bill (S. 33) for the relief of Mrs. E. A. McNeil, widow of the late General John McNeil; which was read the first and second times, by unanimous consent, and referred to the Committee on Pensions.

Agreeably to notice, Mr. Dodge, of Iowa, asked and obtained leave to bring in a bill (S. 34) to improve the navigation of the upper Mississippi; which was read the first and second times, by unanimous consent, and considered as in Committee of the Whole.

0047 47

On motion by Mr. Dodge, of Iowa,

Ordered , That the Mr. further consideration thereof be postponed until Wednesday, the 17th instant, and be the order of the day.

The Senate resumed the consideration of the resolution submitted by Mr. Foote, of Mississippi, respecting the adjustment of questions growing out the institution of domestic slavery; and,

On motion by Mr. Shields,

Ordered , That the further consideration thereof be postponed until two o'clock this day.

The joint resolution (S. R. 4) of welcome to Louis Kossuth was read the second time, and considered as in Committee of the Whole.

An amendment having been proposed by Mr. Berrien,

After debate,

On motion by Mr. Rusk,

The Senate adjourned.

WEDNESDAY, December 10, 1851. Link to Annals.

A message from the House of Representatives, by Mr. Forney, their clerk:

Mr. President: The House of Representatives concur in the resolution of the Senate for the election of two Chaplains to Congress, one by each House, and have elected the Reverend Littleton F. Morgan, Chaplain, on their part.

The House of Representatives have appointed, in pursuance of the joint rules of the two Houses, the following committees on their part:

On the Library, Mr. Chandler, of Pennsylvania, Mr. Woodward, of South Carolina, and Mr. Mann, of Massachusetts.

On Enrolled Bills, Mr. Wildrick, of New Jersey, and Mr. Barrere, of Ohio.

Mr. Underwood presented the petition of William L. Meredith, son and heir of William Meredith, deceased, an officer in the revolutionary army, praying to be allowed half-pay for life; which was referred to the Committee on Revolutionary Claims.

Mr. Shields presented a petition of the late and present land officers at Dixon, Illinois, praying compensation for services in entries of land under military bounty land warrants; which was referred to the Committee on Public Lands.

Mr. Smith presented the petition of Avery Downer, a surgeon's mate in the revolutionary army, praying to be allowed a pension; which was referred to the Committee on Pensions.

Mr. Hamlin presented the petition of Joseph Mitchell, praying to be allowed arrears of pay and bounty land for services as a soldier in the last war with Great Britain; which was referred to the Committee on Public Lands.

Mr. Geyer presented the petition of the late and present land officers at Palmyra, Missouri, praying compensation for services in the entry of lands under bounty land warrants; which was referred to the Committee on Public Lands.

0048 48

Mr. Geyer presented a memorial of the Ohio and Mississippi Railroad Company praying a grant of public lands to aid in the construction of their railroad; which was referred to the Committee on Public Lands.

Mr. Fish presented a memorial of the assistant marshals of Sullivan county, New York, praying additional compensation for services in taking the seventh census; which was referred to the Committee on the Judiciary.

Mr. Dodge, of Iowa, submitted additional documents in relation to the claim of the heirs of Henry King, deceased, which, with their memorial on the flies of the Senate, were referred to the Committee on Revolutionary Claims.

Mr. Dodge, of Wisconsin, submitted additional documents relating to the claim of John S. Devlin, administrator of Elijah J. Weed, deceased; which, with his petition on the files of the Senate, were referred to the Committee on Naval Affairs.

Mr. Berrien presented the memorial of Catharine B. Turner, widow and executrix of Daniel Turner, deceased, late a captain in the navy, praying the reimbursement of expenses incurred by her husband in receiving and entertaining on board the vessels under his command, from 1841 to 1844, certain public functionaries of the United States and foreign countries while on foreign stations; which was referred to the Committee on Foreign Relations.

Mr. Pratt presented the memorial of Lavinia Taylor, widow of a private in the army of the United States, praying to be allowed a pension; which was referred to the Committee on Pensions.

Mr. Foote, of Mississippi, presented the petition of Anna De Neufville Evans, heir and legal representative of John De Neufville and Son, praying repayment of advances made by said De Neufville in the revolutionary war; which was referred to the Committee on Revolutionary Claims.

Mr. Mallory presented the memorial of the Board of Internal Improvement of the State of Florida, praying a grant of public lands to the Florida, Atlantic and Gulf Central Railroad Company, to aid in the construction of their railroad; which was referred to the Committee on Public Lands.

On motion by Mr. Upham,

Ordered , That the memorial of John T. Sullivan on the files of the Senate, be referred to the Committee on the Post Office and Post Roads.

On motion by Mr. Clemens,

Ordered , That the petition of William C. Easton, on the files of the Senate, be referred to the Committee on Military Affairs.

On motion by Mr. Seward,

Ordered , That the memorial of H. Paulding, on the files of the Senate, be referred to the Committee on Naval Affairs.

On motion by Mr. Seward,

Ordered , That the petition of Horace Southmayd and Son, on the files of the Senate, be referred to the Committee on Finance.

On motion by Mr. Downs,

Ordered , That the memorial of the judges and members of the bar of New Orleans, Louisiana, and a memorial of the New Orleans bar, on the files of the Senate, in relation to the forms of practice in the Circuit and District Courts of the United States in Louisiana, be referred to the Committee on the Judiciary.

0049 49

On motion by Mr. Whitcomb,

Ordered , That the memorial of Mary B. Renner, on the files of the Senate, be referred to the Committee of Claims.

On motion by Mr. Atchison,

Ordered , That the memorial of the heirs of Joseph Watson, on the files of the Senate, be referred to the Committee on Indian Affairs.

On motion by Mr. Hunter,

Ordered , That the petition of Alexander Y. P. Garnett, on the files of the Senate, be referred to the Committee of Claims.

On motion by Mr. Mallory,

Ordered , That the memorial of William A. Seely, on the files of the Senate, be referred to the Committee on Foreign Relations.

On motion by Mr. Rhett,

Ordered , That the memorial of the heirs and executors of Samuel Prioleau, on the files of the Senate, be referred to the Committee on Revolutionary Claims.

On motion by Mr. Mason,

Ordered , That the memorial of Salvadora McLaughlin, widow of Lieutenant John T. McLaughlin, on the files of the Senate, be referred to the Committee on Naval Affairs.

On motion by Mr. Bright,

Ordered , That the documents on the files of the Senate. relation to the application of Thomas J. Godman for an extension of a patent, be referred to the Committee on Patents and the Patent Office.

On motion by Mr. Hale,

Ordered , That the petition of the members of the bar of New Hampshire, and the documents on the files of the Senate, relating to an increase of the salary of the United States judge for the district of New Hampshire, be referred to the Committee on the Judiciary.

On motion by Mr. Berrien,

Ordered , That the memorial of the members of the bar of the District of Columbia, on the files of the Senate, relative to an increase of the salary of the judge of the criminal court for that District. be referred to the Committee on the Judiciary.

On motion by Mr. Gwin,

Ordered , That the petition of Eliza Bache, widow of George M. Bache, on the files of the Senate, be referred to the Committee on Naval Affairs.

On motion by Mr. Felch,

Ordered , That the petition of Victor Morass, on the files of the Senate, be referred to the Committee on Public Lands.

On motion by Mr. Underwood,

Ordered , That the memorial of the heirs of William Beatty, on the files of the Senate, be referred to the Committee on Revolutionary Claims.

On motion by Mr. Davis,

Ordered , That the petition of Martha Gray, widow of Robert Gray, deceased, on the files of the Senate, be referred to the Committee on Revolutionary Claims.

On motion by Mr. Chase,

Ordered , That the petition of A. J. Williamson, on the files of the Senate, be referred to the Committee of Claims.

On motion by Mr. Norris, 4

0050 50

Ordered , That the petition and papers on the files of the Senate, relating to the pension claim of the widow of General John McNeil, be referred to the Committee on Pensions.

On motion by Mr. Pearce,

Ordered , That the petition of the administrator of Gerard Wood, on the files of the Senate, be referred to the Committee on Revolutionary Claims.

On motion by Mr. Smith,

Ordered , That all the petitions and memorials on the files of the Senate, relating to the subject of amending the patent laws, be referred to the Committee on Patents and the Patent Office.

Mr. Underwood submitted the following resolution; which was considered, by unanimous consent, and agreed to:

Resolved , That the Committee on Roads and Canals be instructed to inquire into the expediency of employing one or more competent civil engineers to make the necessary explorations and surveys, and to ascertain the cost of supplying the Ohio river and its navigable tributaries with water, during periods of drought, from artificial reservoirs, according to the plan submitted to Congress by Charles Elliott, jr., civil engineer, so as to make the same permanently navigable for vessels and boats drawing four feet water.

Mr. Underwood, from the Committee on Public Lands, to whom was referred the joint resolution, (S. 3) explanatory of the act approved September 28, 1850, entitled “An act granting bounty land to certain officers and soldiers who have been engaged in the military service of the United States,” reported it with an amendment.

Agreeably to notice, Mr. Clemens asked and obtained leave to bring in a bill (S. 35) granting the right of way, and making a donation of land to the State of Alabama, in aid of the construction of the Girard railroad; which was read the first and second times, by unanimous consent, and referred to the Committee on Public Lands.

Agreeably to notice, Mr. Walker asked and obtained leave to bring in a bill (S. 36) to authorize the State of Wisconsin to select the residue of the land to which that State is entitled under the act of 8th August, 1846, to aid in the improvement of the Fox and Wisconsin rivers; which was read the first and second time, by unanimous consent, and referred to the Committee on Public Lands.

The Senate proceeded to consider the resolution submitted by Mr. Davis, the 8th instant, in relation to the completion of certain sets of the statutes of the United States; and the resolution was agreed to.

A message from the House of Representatives, by Mr. Robb:

Mr. President: The House of Representatives have passed “An act (H. R. 2) to authorize the transfer of land warrants issued under the act of the 28th September, 1850, granting bounty lands to the officers and privates of the American army since the year 1790, in which they request the concurrence of the Senate.”

The Senate resumed, as in Committee of the Whole, the consideration of the joint resolution (S. R. 4) of welcome to Louis Kossuth, together with the amendment proposed thereto; and,

After debate,

On motion by Mr. Clarke,

The Senate adjourned.

THURSDAY, December 11, 1851. Link to Annals.

The Honorable James W. Bradbury, from the State of Maine, attended.

Mr. Seward submitted additional documents in relation to the petition of Hugh W. Dobbin; which were referred to the Committee on Pensions.

Mr. Jones, of Iowa, presented the memorial of Richard M. Johnson, praying remuneration for losses sustained by him in consequence of his impressment into the service of the United States, as a pilot, in the late war with Mexico; which was referred to the Committee on Military Affairs.

Mr. Miller presented the memorial of William A. Duer, administrator of William Duer, deceased, praying the payment of a balance due to the estate of the deceased on a contract for supplying rations to the army under General Sinclair, in the year 1791; which was referred to the Committee of Claims.

Mr. Fish presented the memorial of George Talcott, late of the army of the United States, complaining that injustice has been done him in the sentence of a court-martial by which he was dismissed the service, and praying that the Senate will investigate the proceedings of the court before acting on the nomination of the person appointed in his place.

Ordered , That it lie on the table.

Mr. Walker presented a petition of inhabitants of Fort Winnebago, Wisconsin, praying a grant to the State of Wisconsin of the military reservation at Fort Winnebago, to aid in the improvement of the Fox and Wisconsin rivers; which was referred to the Committee on Public Lands.

Mr. Hale presented a petition of citizens of New Hampshire, praying the establishment of a mail route from Pittsfield to Farmington Dock, in that State; which was referred to the Committee on the Post Office and Post Roads.

The President pro tempore laid before the Senate a letter from Aaron H. Palmer, accompanied by a description of the colonial dependencies of Japan, with a plan for opening that empire to the commerce of the United States.

Ordered , That it be referred to the Committee on Commerce.

Mr. Smith presented the memorial of Thomas Pember, praying compensation for services rendered as a purser in the navy; which was referred to the Committee on Naval Affairs.

On motion by Mr. Pearce,

Ordered , That the memorial of Robert M. Hamilton, on the files of the Senate, be referred to the Committee on Foreign Relations.

On motion by Mr. Pearce,

Ordered , That the petition of T. P. McBlair, on the files of the Senate, be referred to the Committee on Naval Affairs.

Mr. Gwin presented the memorial of William A. Christian, a purser in the navy, praying to be allowed, in the settlement of his accounts, certain payments made to officers on board the United States' steamer Princeton, holding acting appointments; which was referred, with the papers on file, to the Committee on Naval Affairs.

Mr. Gwin presented the memorial of Daniel Anderson, son and heir of Thomas O. Anderson, deceased, late of the navy, praying payment of the 0052 52 prize money due his father as one of the captors of the frigate Philadelphia; which was referred to the Committee on Naval Affairs.

On motion by Mr. Seward,

Ordered , That the petition of Abraham L. Knickerbocker, on the files of the Senate, be referred to the Committee on Pensions.

On motion by Mr. Jones, of Iowa,

Ordered , That the memorial of Thompson Hutchinson, and the petition of Barbara Reily, on the files of the Senate, be referred to the Committee on Pensions.

On motion by Mr. Hamlin,

Ordered , That the petition of Daniel Winslow, on the files of the Senate, be referred to the Committee of Claims.

On motion by Mr. Miller,

Ordered , That the memorial of Thomas M. Taylor, on the files of the Senate, be referred to the Committee on Naval Affairs.

On motion by Mr. Seward,

Ordered , That the documents on the files of the Senate, relating to the claim of Purser Francis B. Stockton, be referred to the Committee on Naval Affairs.

On motion by Mr. Berrien,

Ordered , That the documents on the files of the Senate, relating to the claims of Francis B. Stockton, be referred to the Committee on Naval Affairs.

Mr. Pratt submitted an additional document relating to the claim of Mary Williams; which, with her petition on the files of the Senate, was referred to the Committee of Claims.

On motion by Mr. Pratt,

Ordered , That the petition of Richard Mackall, the petition of Bryan Callaghan, and the petition of the heirs of Robert Sewall, on the files of the Senate, be referred to the Committee of Claims.

On motion by Mr. Pratt,

Ordered , That the memorial of the legal representatives of Rinaldo Johnson and Ann E. Johnson, the petition of the legal representatives of John G. Mackall, the memorial of Benedict I. Heard, the petition of the heirs and legal representatives of William Somerville, and the memorial of Hodges and Lansdale, on the files of the Senate, be referred to the Committee of Claims.

On motion by Mr. Dawson,

Ordered , That the memorial of Elizabeth Munroe, on the files of the Senate, be referred to the Committee on Pensions.

Mr. Fish submitted the following resolution, which was considered by unanimous consent, and agreed to:

Resolved , That the Secretary of War be directed to communicate to the Senate, a copy of the proceedings of the general court martial held in the city of Washington, in June and July last, upon the trial of George Talcott, colonel of ordnance and brigadier-general by brevet in the army of the United States, and of the testimony taken before the said court, together with the finding and sentence of the court, and the approval thereof by the President.

Mr. Jones, of Iowa, submitted the following resolution, which was considered by unanimous consent, and agreed to:

0053 53

Resolved , That the Secretary of War be directed to communicate to the Senate, the report of the survey, estimates, &c., of a route from St. Louis to the big bend of Red river, made under the direction of the topographical bureau by Captain Joshua Barney.

Mr. Davis submitted the following resolution, which was considered by unanimous consent, and agreed to:

Resolved , That the Committee on Commerce be instructed to inquire into the expediency of amending the laws in relation to alien and other passengers, on board of vessels, so as to secure more effectually the penalties for the violation of such laws.

Mr. Underwood submitted the following resolution for consideration:

Resolved , That the Committee on the District of Columbia, be and they are hereby instructed to inquire into the expediency and probable cost of straightening, grading and paving Pennsylvania avenue from Seventeenth street west to Georgetown; the erection of a permanent bridge across Rock creek, from the termination of Pennsylvania avenue, to intersect with Georgetown; the building of a sewer, of suitable dimensions for draining Pennsylvania avenue from Seventeenth to Twentieth streets west; the extension of gas lights along the line of Pennsylvania avenue from Seventeenth street west to Georgetown; an increase of the auxiliary guard, under a new system of organization, sufficient to make them an efficient body; of supplying the city with pure water from the Great Falls of the Potomac; and the extension of a line of gas lights from the bridge aforesaid to High street in Georgetown, and thence along said street to its western termination.

On motion by Mr. Hale,

That when the Senate adjourn, it be to Monday next,

It was determined in the negative.

Mr. Dodge, of Wisconsin, asked and obtained leave to bring in a bill (S. 37) granting to the State of Wisconsin a donation of the public lands to aid in the construction of a railroad from the city of Milwaukie to the Mississippi river; which was read the first and second times, by unanimous consent, and referred to the Committee on Public Lands.

Mr. Badger, agreeably to notice, asked and obtained leave to bring in a bill (S. 38) for the relief of M. K. Warrington and C. W. J. Chubb, executor of Captain Lewis Warrington and others; which was read the first and second times, by unanimous consent, and referred to the Committee on Naval Affairs.

Mr. Hunter, agreeably to notice, asked and obtained leave to bring in a bill (S. 39) to authorize the payment of invalid pensions in certain cases; which was read the first and second times, by unanimous consent, and referred to the Committee on Pensions.

Mr. Fish, agreeably to notice, asked and obtained leave to bring in a bill (S. 40) to establish a mint of the United States in the city of New York; which was read the first and second times, by unanimous consent, and referred to the Committee on Finance.

Mr. Walker, agreeably to notice, asked and obtained leave to bring in a bill (S. 41) to grant to the State of Wisconsin the military reservation at Fort Winnebago, in that State, to aid in improving the navigation of the Fox and Wisconsin rivers; which was read the first and second times, by unanimous consent, and referred to the Committee on Public Lands.

0054 54

Agreeably to notice, Mr. Jones, of Iowa, asked and obtained leave to bring in a bill (S. 42) for the relief of Richard Chaney and others; which was read the first and second times, by unanimous consent, and referred to the Committee on Public Lands.

Agreeably to notice, Mr. Jones, of Iowa, asked and obtained leave to bring in a bill (S. 43) for the relief of Charles Melrose; which was read the first and second times, by unanimous consent, and referred to the Committee on Finance.

Agreeably to notice, Mr. Pearce asked and obtained leave to bring in a bill (S. 44) in addition to, and amendatory of an act entitled “An act to provide for the settlement of the accounts of public officers and others who may have received moneys arising from military contributions, or otherwise,” approved the 3d of March, 1849; which was read the first and second times, by unanimous consent, and referred to the Committee on Finance.

Agreeably to notice, Mr. Underwood asked and obtained leave to bring in a bill (S. 45) to procure a revision of the acts of Congress, and also of the statutory law in force in the District of Columbia; which was read the first and second times, by unanimous consent, and referred to the Committee on the Judiciary.

Agreeably to notice, Mr. Underwood asked and obtained leave to bring in a bill (S. 46) granting a pension to Sally T. Floyd, widow of George R. C. Floyd, late a lieutenant-colonel in the army of the United States; which was read the first and second times, by unanimous consent, and with her petition, on the files of the Senate, referred to the Committee on Pensions.

Agreeably to notice, Mr. Borland asked and obtained leave to bring in a bill (S. 47) to revive a portion of an act for the relief of the widows of deceased soldiers; which was read the first and second times, by unanimous consent, and referred to the Committee on Pensions.

Agreeably to notice, Mr. Whitcomb asked and obtained leave to bring in a bill (S. 48) for the relief of John Develin; which was read the first and second times, by unanimous consent, and referred to the Committee of Claims.

Mr. Mallory, agreeably to notice, asked and obtained leave to bring in a bill (S. 49) for the relief of William Richardson, and others; which was read the first and second times, by unanimous consent, and referred to the Committee on Naval Affairs.

The Senate proceeded to consider the resolution submitted by Mr. Bright the 9th instant, to insert the following as one of the Rules of the Senate:

52. The Secretary of the Senate, the Sergeant-at-arms, and Doorkeeper, and the Assistant Doorkeeper shall be chosen on the third Monday of the present, (first session of the Thirty-second Congress,) and on the second Monday of the first session of every succeeding Congress; and,

On the question to agree thereto,

It was determined in the negative,

Yeas, 20

Nays 24

On motion by Mr. Berrien,

The yeas and nays being desired by one-fifth of the senators present,

Those who voted in the affirmative are,

0055 55

Messrs. Bradbury, Bright, Brodhead, Cass, Chase, Dodge of Wisconsin, Dodge of Iowa, Douglas, Downs, Felch, Foote of Mississippi, Gwin, Hamlin, Hunter, James, Jones of Iowa, Norris, Sumner, Walker, Whitcomb.

Those who voted in the negative are,

Messrs. Atchison, Badger, Berrien, Borland, Butler, Clarke, Davis, Dawson, Fish, Foot of Vermont, Geyer, Hale, Miller, Morton, Pearce, Pratt, Rhett, Seward, Shields, Smith, Spruance, Stockton, Upham, Wade.

A motion being made by Mr. Atchison to reconsider the last mentioned vote;

On motion by Mr. Atchison,

Ordered , That this motion lie on the table.

The Senate proceeded to the election of a Chaplain on their part, and,

The Rev. C. M. Butler was duly elected.

Ordered , That the Secretary notify the House of Representatives thereof.

The Senate resumed, as in Committee of the Whole, the consideration of the resolution (S. R. 4) of welcome to Louis Kossuth, together with the amendment proposed thereto; and,

After debate,

On motion by Mr. Badger,

Ordered , That the further consideration thereof be postponed until to-morrow.

On motion by Mr. Badger,

That when the Senate adjourn, it be to Monday next.

It was determined in the negative,

Yeas 18

Nays 27

On motion by Mr. Dodge, of Iowa,

The yeas and nays being desired by one-fifth of the senators present,

Those who voted in the affirmative are,

Messrs. Atchison, Badger, Berrien, Clarke, Davis, Dawson, Fish, Foot of Vermont, Geyer, Hale, Hamlin, Hunter, Miller, Morton, Pearce, Pratt, Spruance, Underwood.

Those who voted in the negative are,

Messrs. Borland, Bradbury, Bright, Brodhead, Cass, Chase, Dodge of Wisconsin, Dodge of Iowa, Douglas, Downs, Felch, Foote of Mississippi, Gwin, Houston, James, Jones of Iowa, King, Mallory, Norris, Seward, Shields, Smith, Stockton, Sumner, Wade, Walker, Whitcomb.

On motion by Mr. Dodge, of Iowa,

The Senate adjourned.

FRIDAY, December 12, 1851. Link to Annals.

Mr. Fish presented the petition of Lydia Ann Mills, widow of John Mills, deceased, a boatswain in the navy, praying to be allowed a pension; which was referred to the Committee on Naval Affairs.

Mr. Shields presented the petition of Jacob Cooper, praying to be allowed the seven years' half-pay due his father as a lieutenant in the army of the Revolution; which was referred to the Committee on Revolutionary Claims.

Mr. Gwin presented a memorial of citizens of Washington, in the District 0056 56 of Columbia, praying the establishment of a lunatic asylum; which was referred to the Committee on the District of Columbia.

Mr. Borland presented the petition of John Jackson, Joseph Pineau, and Louis A. S. Smith, citizens of Port au Prince, Hayti, praying payment of their travelling expenses in attending as witnesses for the United States in a criminal prosecution in the United States circuit court, at Boston, in the year 1849; which was referred to the Committee on the Judiciary.

On motion by Mr. Borland,

Ordered , That the petition of Lewis Morris, on the files of the Senate, be referred to the Committee on Military Affairs.

On motion by Mr. Felch,

Ordered , That the documents on the files of the Senate, relating to the the claim of Jonathan Kearsley, and the petition of John Biddle, on the files of the Senate, be referred to the Committee on Public Lands.

On motion by Mr. Underwood,

Ordered , That the memorial of citizens of Washington, on the files of the Senate, relating to the improvement of Pennsylvania avenue, west of Fifteenth street, and an increase of the auxiliary guard of Washington, be referred to the Committee on the District of Columbia.

On motion by Mr. Wade,

Ordered , That Eli Hobbs have leave to withdraw his petition and papers.

Mr. Felch, from the Committee on Public Lands, to whom was referred the petition of Sydney S. Allcott, submitted a report, accompanied by a bill (S. 50) for his relief.

The bill was read, and passed to a second reading.

Ordered , That the report be printed.

Agreeably to notice, Mr. Bright asked and obtained leave to bring in a bill (S. 51) giving further remedies to patentees; which was read the first and second times by unanimous consent, and referred to the Committee on the Judiciary.

Agreeably to notice, Mr. Hale asked and obtained leave to bring in a bill (S. 52) increasing the salary of the district judge of the United States for the district of New Hampshire; which was read the first and second time by unanimous consent, and referred to the Committee on the Judiciary.

Agreeably to notice, Mr. Underwood asked and obtained leave to bring in a bill (S. 53) to provide for the unpaid claims of the officers and soldiers of the Virginia State and continental lines of the revolutionary army; which was read the first and second times by unanimous consent, and referred to the Committee on Public Lands.

Agreeably to notice, Mr. Underwood asked and obtained leave to bring in a bill (S. 54) for the relief of Theodore Offut; which was read the first and second times by unanimous consent, and referred, with the papers on file, to the Committee of Claims.

Agreeably to notice, Mr. Dodge of Iowa, asked and obtained leave to bring in a bill (S. 55) to relinquish to the State of Iowa, the lands reserved for salt springs therein; which was read the first and second times by unanimous consent, and referred to the Committee on Public Lands.

Agreeably to notice, Mr. Bright asked and obtained leave to bring in a joint resolution (S. R. 8) repealing the joint resolution, approved March 3, 0057 57 1845, “directing the Secretary of the Treasury, whenever any State shall have been, or may be in default for the payment of interest or principal on its stocks or bonds held by the United States in trust to certain moneys to which such State is entitled, for the purposes therein named;” which was read the first and second times, by unanimous consent, and referred to the Committee on Finance.

The Senate proceeded to consider the resolution submitted by Mr. Cass, the 9th instant, respecting the seizure of the American steamship Promethus, by a British cruiser; and,

The resolution was agreed to.

On motion by Mr. Fish,

Ordered , That the bill (S. 40) to establish a mint of the United States in the city of New York, be printed.

On motion by Mr. Dodge, of Iowa,

Ordered , That the bill (S. 34) to improve the navigation of the Upper Mississippi, be printed.

Mr. Borland, from the Committee on Printing, to whom was referred the motion made by Mr. Pearce, the 4th instant, to print the report of the Secretary of the Treasury, with the accompanying report of the Superintendent of the Coast Survey, reported it with an amendment.

The Senate proceeded to consider the report; and, in concurrence therewith,

Ordered , That ten thousand copies, in addition to the usual number, be printed; five thousand copies of which for the use of the Superintendent of the Coast Survey.

The Senate proceeded to consider the resolution submitted by Mr. Shields, the 8th instant, to appoint a committee “to wait upon Louis Kossuth, Governor of Hungary, and introduce him to the Senate;” and,

On motion by Mr. Shields,

Ordered , That it lie on the table,

The Senate proceeded to consider the resolution submitted by Mr. Underwood, the 11th instant, in relation to certain improvements in the city of Washington and Georgetown; and the resolution was agreed to.

The bill (H. R. 2) to authorize the transfer of land warrants issued under the act of the 28th of September, 1850, granting bounty lands to the officers and privates of the American army, since the year 1790, was read the first and second times by unanimous consent, and referred to the Committee on Public Lands.

The Senate resumed, as in Committee of the Whole, the consideration of the resolution (S. R. 4) of welcome to Louis Kossuth, with the amendment proposed by Mr. Berrien to the same.

A division of the amendment having been called for,

On the question to agree to the following clause, after the words, “ And be it further resolved ,” “That the welcome thus offered to Louis Kossuth be extended to his associate Hungarian exiles, who have landed on our shores.”

It was determined in the negative,

Yeas 14

Nays 26

On motion by Mr. Berrien,

The yeas and nays being desired by one-fifth of the senators present,

Those who voted in the affirmative are,

0058 58

Messrs. Badger, Borland, Butler, Clarke, Clemens, Dawson, Geyer, King, Morton, Smith, Spruance, Underwood, Upham, Walker.

Those who voted in the negative are,

Messrs. Bradbury, Bright, Brodhead, Cass, Chase, Davis, Dodge, of Wisconsin, Douglas, Felch, Fish, Foot, of Vermont, Foote, of Mississippi, Gwin, Hamlin, James, Jones, of Iowa, Mallory, Miller, Norris, Rhett, Seward, Shields, Stockton, Sumner, Wade, Whitcomb.

On the question to agree to the residue of the proposed amendment, as follows:

“That, while welcoming these Hungarian patriots to an asylum in our country, and to the protection which our laws will afford to them, it is due to candor to declare that it is not the purpose of Congress to depart from the settled policy of this government, which forbids all interference with the domestic concerns of other nations.”

It was determined in the negative,

Yeas 15

Nays 26

On motion,

The yeas and nays being desired by one-fifth of the senators present,

Those who voted in the affirmative are,

Messrs. Badger, Borland, Butler, Clarke, Clemens, Dawson, Geyer, Hunter, King, Miller, Morton, Rhett, Spruance, Underwood, and Upham.

Those who voted in the negative are,

Messrs. Bradbury, Bright, Brodhead, Cass, Chase, Davis, Dodge, of Wisconsin, Douglas, Felch, Fish, Foot, of Vermont, Foote, of Mississippi, Gwin, Hamlin, James, Jones, of Iowa, Mallory, Norris, Seward, Shields, Smith, Stockton, Sumner, Wade, Walker, Whitcomb.

On motion by Mr. Shields to amend the resolution by striking out all after the word “that,” and inserting “a joint Committee of the two houses of Congress, to consist of three members of the Senate and five members of the House, be appointed by the presiding officer of each house, to make make suitable arrangements for the reception of Louis Kossuth, Governor of Hungary, on his arrival in the United States, and to communicate to him assurances of the profound respect entertained for him by the people of the United States, and to tender to him, on the part of Congress, and in the name of the people of the United States, the hospitalities of the metropolis of the Union.”

A motion was made by Mr. Borland, to amend the proposed amendment, by striking out all after the word “that,” and inserting “the Congress, in the name and behalf of the people of the United States, cordially sympathises with the people of Hungary in their recent laudable and heroic struggles, and in their present misfortunes; that it recognises and cordially welcomes Louis Kossuth, late Governor of Hungary, and his associate exiles, who have recently landed on our shores, as worthy representatives of their countrymen, and invites them to the capital as guests of the Union; that it requests the President to receive and entertain them as such, in such manner as he may deem appropriate, and that the sum of — dollars be, and the same is hereby appropriated and placed at the disposal of the President to pay the expenses of the reception and entertainment of said guests, during their sojourn at the capital.”

It was determined in the negative.

0059 59

On the question to agree to the amendment proposed by Mr. Shields,

It was determined in the negative,

Yeas 16

Nays 23

On motion by Mr. Shields,

The yeas and nays being desired by one-fifth of the senators present,

Those who voted in the affirmative are,

Messrs. Bradbury, Bright, Brodhead, Cass, Dodge, of Wisconsin, Douglas, Felch, Foote, of Mississippi, Gwin, Jones, of Iowa, Mallory, Norris, Shields, Stockton, Walker, Whitcomb. Those who voted in the negative are,

Messrs. Badger, Borland, Chase, Clarke, Clemens, Davis, Dawson, Downs, Fish, Foot, of Vermont, Hamlin, Hunter, James, King, Miller, Morton, Rhett, Seward, Smith, Spruance, Sumner, Underwood, Wade.

No further amendment being proposed, the resolution was reported to the Senate.

On the question, Shall the resolution be engrossed, and read a third time?

It was determined in the affirmative,

Yeas 33

Nays, 6

On motion by Mr. Underwood,

The yeas and nays being desired by one-fifth of the senators present,

Those who voted in the affirmative are,

Messrs. Bradbury, Bright, Brodhead, Cass, Chase, Clarke, Davis, Dodge, of Wisconsin, Douglas, Downs, Felch, Fish, Foot, of Vermont, Foote, of Mississippi, Gwin, Hamlin, Hunter, James, Jones, of Iowa, King, Mallory, Miller, Norris, Rhett, Seward, Shields, Smith, Spruance, Stockton, Sumner, Wade, Walker, Whitcomb.

Those who voted in the negative are,

Messrs. Badger, Borland, Clemens, Dawson, Morton, Underwood.

So it was

Ordered , That the resolution be engrossed, and read a third time.

The said resolution was read the third time.

Resolved , That it pass, and that the title thereof be as aforesaid.

Ordered , That the Secretary request the concurrence of the House of Representatives therein.

On motion by Mr. Bright,

That when the Senate adjourn, it be to Monday next.

It was determined in the affirmative,

Yeas 27

Nays 12

On motion by Mr. Badger,

The yeas and nays being desired by one-fifth of the Senators present,

Those who voted in the affirmative are,

Messrs. Badger, Bradbury, Bright, Cass, Chase, Clemens, Downs, Felch, Fish, Foot, of Vermont, Houston, Hunter, James, Jones, of Iowa, King, Mallory, Miller, Morton, Norris, Seward, Shields, Smith, Spruance, Stockton, Sumner, Underwood, Whitcomb.

Those who voted in the negative are,

Messrs. Borland, Brodhead, Clarke, Davis, Dawson, Dodge, of Wisconsin, Dodge, of Iowa, Douglas, Foote, of Mississippi, Rhett, Wade, Walker.

0060 60

So it was

Ordered , That when the Senate adjourn, it be to Monday next.

After the consideration of executive business,

The Senate adjourned.

MONDAY, December 15, 1851. Link to Annals.

The Honorable William K. Sebastian, from the State of Arkansas, attended.

Mr. Bell presented the credentials of the Honorable James C. Jones, elected a Senator by the Legislature of the State of Tennessee, for the term of six years from the fourth day of March, 1851; which were read, and the oath prescribed by law, having been administered to Mr. Jones, he took his seat in the Senate.

Mr. Downs presented the petition of Joseph A. Barelli, praying that the Secretary of the Treasury may be authorized to issue a register to the brig Ada, late the British sloop Josephine; which was referred to the Committee on Commerce.

Mr. Downs presented the petition of the Italian Mutual Benevolent Society of New Orleans, praying that they may be allowed to import, free of duty, the marble required in the construction of a mausoleum for the reception of the remains of deceased members of that Society; which was referred to the Committee on Commerce.

Mr. Downs presented the petition of Jehiel Brooks, praying authority to sue the United States for damages sustained in defending his title to certain land, in a suit brought against him by the Government; which was referred to the Committee on the Judiciary.

Mr. Rhett presented the memorial of George Hervey, agent for the owners and consignees of the English ship James Mitchell, praying the payment of a sum of money due under an act of Congress, and retained in the Treasury of the United States; which was referred to the Committee on the Judiciary.

Mr. Gwin presented the petition of Ursula E. Cobb, widow of Charles Cobb, late a gunner in the navy, praying to be allowed a pension; which was referred to the Committee on Pensions.

Mr. Bright presented the memorial of the executrix and securities of Benjamin F. Hart, deceased, late a purser in the navy, praying that the balance appearing against him on the books of the Treasury may be cancelled; which, with their memorial and papers on the files of the Senate, was referred to the Committee on Naval Affairs.

Mr. Bradbury presented the petition of Nancy Wright, widow of an officer in the revenue service, praying to be allowed a pension; which, with the papers on file, were referred to the Committee on Pensions.

Mr. Felch presented a resolution passed by the Legislature of the State of Michigan in favor of the construction of a ship canal around the falls of the Ste. Marie; which was referred to the Committee on Commerce.

Ordered , That it be printed.

Mr. Felch presented a resolution passed by the Legislature of the State of Michigan, requesting the Senators and Representatives of that State in Congress, to use their exertions to procure the repayment of the money 0061 61 expended by her in furnishing volunteers for the Mexican war, and the expenses incurred in defending her territorial boundary, as established by Congress, before her admission as a State into the Union; which was referred to the Committee on Military Affairs.

Ordered , That it be printed.

Mr. Hale presented a petition of citizens of Philadelphia, praying that an appropriation be made to pay the expenses incurred by citizens of the United States for the transportation and display of goods at the Industrial Exhibition, at London; which was referred to the Committee on Patents and the Patent Office.

Mr. Foote presented the memorial of Mary Walker, widow of George W. Walker, late paymaster of the marine corps, praying to be allowed the traveling expenses of her late husband, in the settlement of his accounts; which was referred to the Committee on Naval Affairs.

The President, pro tempore , presented the petition of William M. Lapsley, receiver of public moneys at Cahaba, Alabama, praying compensation for services in making entries of land under bounty land warrants.

Ordered , That it lie on the table.

Mr. Dodge, of Wisconsin, presented the memorial of William Butler, praying to be allowed a pension on account of injuries received in the naval service of the United States; which was referred to the Committee on Pensions.

Mr. Mallory presented the memorial of John W. Simonton and others, owners of the island of Key West, in Florida, praying indemnity in consequence of its occupancy by the United States; which was referred to the Committee on Naval Affairs.

Mr. Geyer presented the memorial of the Legislature of Missouri, praying a grant of land for the construction of the Lexington and Daviess County railroad; which was referred to the Committee on Public Lands.

Mr. Geyer presented a memorial of the Legislature of Missouri, praying a grant of land for the construction of the Northern Missouri railroad; which was referred to the Committee on Public Lands.

Mr. Geyer presented a memorial of the Legislature of the State of Missouri, praying a grant of land for the construction of a plank road from Tully, in that State, to Bloomfield, in Iowa; which was referred to the Committee on Public Lands.

Mr. Geyer presented a memorial of the Legislature of Missouri, praying that an island in the Missouri river, opposite the town of Weston, may be granted for the improvement of the harbor and landing of that town; which was referred to the Committee on Public Lands.

Mr. Geyer presented a memorial of the Legislature of Missouri, praying a grant of eighty acres of land to every free white citizen, being the head of a family, and not a land owner; which was referred to the Committee on Public Lands.

Mr. Brodhead presented a memorial of citizens of Pennsylvania, New Jersey and Delaware, praying the construction of piers and harbors in the Delaware river and bay; which was referred to the Committee on Commerce.

Mr. Brodhead presented the memorial of the heirs-at-law of Henry Miller, praying compensation for the military services of their ancestor in 0062 62 the revolutionary war; which was referred to the Committee on Revolutionary Claims.

On motion by Mr. Mason,

Ordered , That the memorials and papers, on the files of the Senate, relating to the claims of Roddy, Carter, and Jennings, be referred to the Committee of Claims.

On motion by Mr. Mason,

Ordered , That the petition of Asenath M. Elliott, on the files of the Senate, be referred to the Committee on Pensions.

On motion by Mr. Bradbury,

Ordered , That the memorial of Walter Colton, on the files of the Senate, be referred to the Committee on the Judiciary.

On motion by Mr. Felch,

Ordered , That the memorial of Ezra Williams, on the files of the Senate, be referred to the Committee of Claims.

On motion by Mr. Underwood,

Ordered , That the documents on the files of the Senate, relating to the claim of William S. Waller, be referred to the Committee of Claims.

On motion by Mr. Cass,

Ordered , That the petition of Robert Armstrong, on the files of the Senate, be referred to the Committee on Pensions.

On motion by Mr. Dawson,

Ordered , That the memorial of Roger Jones, and the memorial of Margaret Hetzel, on the files of the Senate, be referred to the Committee on Military Affairs.

On motion by Mr. Jones, of Iowa,

Ordered , That the petition of Harriet R. F. Capron, on the files of the Senate, be referred to the Committee on Pensions.

Mr. Brodhead submitted an additional document relating to the claim of Thomas Flanagan; which, with his petition on the files of the Senate, was referred to the Committee on Pensions.

On motion by Mr. Jones, of Iowa,

Ordered , That the Committee on Pensions be discharged from the further consideration of the petition of citizens of Niagara county, New York, in behalf of Stephen Warren, and that it be referred to the Committee of Claims.

Mr. Jones, of Iowa, from the Committee on Pensions, to whom was referred the memorial of the heirs of Judith Worthen, deceased, reported a bill (S. 56) for their relief; which was read, and passed to the second reading.

Mr. Hunter, agreeably to notice, asked and obtained leave to bring in a bill (S. 57) to establish a board of accounts; which was read the first and second times, by unanimous consent, and referred to the Committee on Finance.

Mr. Hunter, from the Committee on Finance, to whom was referred the bill (S. 6) to establish a branch of the mint of the United States in California, reported it with amendments.

The Senate proceeded to consider the bill last mentioned (S. 6) as in Committee of the Whole, with the amendments reported thereto; and having been amended, it was reported to the Senate, and the amendments were concurred in.

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Ordered , That this bill be engrossed, and read a third time.

Mr. Borland, from the Committee on Pensions, to whom was referred the bill (S. 32) for the relief of Margaret L. Worth, reported it without amendment.

Mr. Borland, from the Committee on Pensions, to whom was referred the bill (S. 46) granting a pension to Sally T. Floyd, widow of George R. C. Floyd, late a lieutenant-colonel in the army of the United States, reported it without amendment.

Mr. Borland, from the Committee on Pensions, to whom was referred the bill (S. 47) to revive a portion of an act for the relief of the widows of deceased soldiers, reported it without amendment.

A message from the House of Representatives, by Mr. Robb, chief Clerk:

Mr. President: The House of Representatives have passed the resolution from the Senate (S. R. 4) of welcome to Louis Kossuth.

They have appointed a Joint Committee on Printing on their part, consisting of Mr. Gorman, of Indiana, Mr. Haven, of New York, and Mr. R. H. Stanton, of Kentucky.

Mr. Jones, of Iowa, reported from the committee that they had examined and found duly enrolled the joint resolution (S. R. 4) of welcome to Louis Kossuth.

A message from the House of Representatives, by Mr. Robb, chief Clerk:

Mr. President: The Speaker of the House of Representatives having signed an enrolled joint resolution, I am directed to bring it to the Senate for the signature of their President.

The President pro tempore signed the enrolled joint resolution last reported to have been examined, (S. R. 4,) and it was delivered to the committee to be presented to the President of the United States.

The Senate resumed the consideration of the resolution in relation to the adjustment of the questions growing out of the institution of slavery; and,

After debate,

On motion by Mr. Butler,

The Senate adjourned.

TUESDAY, December 16, 1851. Link to Annals.

Mr. Jones, of Iowa, reported from the committee, that they yesterday presented to the President of the United States, an enrolled joint resolution (S. R. 4) of welcome to Louis Kossuth.

The President pro tempore laid before the Senate, a report of the Secretary of State, showing the amount expended from the appropriation for the expenses of the agent of the Sublime Porte, and the balance remaining in the treasury; which was read.

Ordered , That it be referred to the Committee on Finance, and printed.

Mr. Jones, of Iowa, presented resolutions passed by the Legislature of Iowa, condemning the disposition shown in certain portions of the Union to set at defiance the laws of the land, and declaring its unyielding devotion to the Constitution and laws.

0064 64

Ordered , That they lie on the table, and be printed.

Mr. Gwin presented the memorial of Eliza C. Bache, widow of George M. Bache, a lieutenant in the navy, praying that she may receive the same amount that was paid to the widows of those officers who were lost in the brig Somers; which was referred to the Committee on Naval Affairs.

Mr. Gwin presented the proceedings of a meeting of the citizens of San Diego, California, protesting against the change proposed to be made in the contract with the Pacific Mail Steamer Company, by the substitution of a coasting steamer; which was referred to the Committee on the Post Office and Post Roads.

Mr. Gwin presented the petition of officers of the revenue service, stationed in California, praying an increase of pay; which was referred to the Committee on Finance.

Mr. Gwin presented the petition of Joseph Hill and sons, praying compensation for horses and mules stolen by the Indians, in California; which was referred to the Committee of Claims.

Mr. Gwin presented the petition of James R. Browning, praying indemnity for property stolen and destroyed in California, during the war with Mexico; which was referred to the Committee on Military Affairs.

Mr. Gwin presented the memorial of James C. Cushing and others, representing that they have discovered a pass through the greater range of the Sierra Nevada, and proposing to open a wagon road upon certain conditions; which was referred to the Committee on Public Lands.

Mr. Houston presented the memorial of S. H. Duff, praying compensation for services in seizing spirituous liquors, under an order of General Taylor, during the war with which was referred to the Committee of Claims.

Mr. Shields presented a memorial of officers of the army, serving in New Mexico, praying that they may be placed on the same footing, in regard to pay, as the troops serving in California; which was referred to the Committee on Military Affairs.

Mr. Shields presented the memorial of Jose Maria Jarero, a citizen of Mexico, praying the payment of a claim of an American citizen against the government of Mexico, that was received by said Jarero in payment of a debt; which was referred to the Committee of Claims.

Mr. Wade presented the petition of Priscilla C. Simonds, praying compensation for the effects of her son, Moses H. Simonds, which, after his decease in the public service, were taken possession of by his superior officer, and lost; which was referred to the Committee of Claims.

Mr. Davis presented the petition of Gridley Bryant, proposing to enter into a contract with the Government for the erection of a permanent lighthouse on Minot's Ledge, in Massachusetts bay; which was referred to the Committee on Commerce.

Mr. Bradbury presented the petition of Isaac Lilly, praying compensation for a vessel and cargo seized and sold by an agent of the Government, under the pretext of her having on board timber cut from the live oak lands of the United States; which was referred to the Committee on the Judiciary.

Mr. Fish presented the memorial of E. Pavenstedt and F. A. Schumacher, praying the return of duties paid on goods which were lost at sea; which was referred to the Committee of Claims.

0065 65

Mr. Bradbury presented a memorial of William T. Johnson and others, publishers of newspapers in Maine, praying an alteration in the rates of newspaper postage; which was referred to the Committee on the Post Office and Post Roads.

Mr. Sebastian presented a petition of the late and present land officers at Batesville, Arkansas, praying compensation for services in entering lands under bounty land warrants.

Ordered , That it lie on the table.

Mr. Cass presented the petition of Samuel Spalding, praying arrears of pension; which was referred to the Committee on Pensions.

Mr. Cass presented the petition of Jacob Young, praying to be allowed a pension; which was referred to the Committee on Pensions.

Mr. Cass presented a memorial of citizens of Washington, praying an appropriation for the erection of an equestrian statue of Washington, under the resolution of Congress, of 1783; which was referred to the Committee on the Library.

Mr. Whitcomb presented resolutions adopted at a meeting of citizens of Westfield, Indiana, recommending that the sale of the public lands be discontinued, and that they be granted in limited quantities to citizens of the United States, with families; which were referred to the Committee on Public Lands.

Mr. Mallory presented the memorial of Isaac Bush, John Price, and Thomas Suarez, praying compensation for themselves and the officers and men under their command, during the Seminole war in Florida; which was referred to the Committee on Military Affairs.

On motion by Mr. Gwin,

Ordered , That the documents on the files of the Senate, relating to the claim of B. Juan Domercq, a Spanish subject, be referred to the Committee of Claims.

On motion by Mr. Houston,

Ordered , That the petition of G. Thomas Howard, on the files of the Senate, be referred to the Committee on Foreign Relations.

On motion by Mr. Clarke,

Ordered , That the petition of Samuel Crapin, on the files of the Senate, be referred to the Committee on Pensions.

On motion by Mr. Downs,

Ordered , That the memorial of L. E. L. A. Lawson, heir of General Eleazer W. Ripley, on the files of the Senate, be referred to the Committee on the Judiciary.

On motion by Mr. Seward,

Ordered , That the petition of Phebe Glover, on the files of the Senate, be referred to the Committee on Pensions.

Mr. Pratt submitted the following resolution for consideration:

Resolved , That after the first day of january next, Friday of each week shall be set aside for the consideration of private claims, and that, on those days, private bills shall have priority over all other business.

Mr. Felch, from the Committee on Public Lands, to whom the subject was referred, reported a bill (S. 58) authorizing Victor Morass to relinquish certain lands, and to enter the same quantity elsewhere; which was read, and passed to the second reading. 5

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Mr. Felch submitted a report on the subject; which was ordered to be printed.

Mr. Felch, from the Committee on Public Lands, to whom was referred the bill (S. 43) for the relief of Charles Melrose, reported it without amendment.

Mr. Felch also submitted a report on the subject; which was ordered to be printed.

Mr. Felch, from the Committee on Public Lands, to whom was referred the bill (S. 19) to extend the time for selecting lands granted to the State of Wisconsin for saline purposes, reported it with amendments.

Mr. Felch, from the Committee on Public Lands, to whom was referred the bill (S. 30) to extend the time for selecting lands granted to the State of Michigan for saline purposes, reported it without amendment.

Mr. Borland, from the Committee on Printing, to whom was referred the joint resolution (S. R. 6) in relation to printing the seventh census, reported it without amendment.

Agreeably to notice, Mr. Hunter asked and obtained leave to bring in a bill (S. 59) to provide compensation to such persons as may be designated by the Secretary of the Treasury to receive and keep the public money, under the fifteenth section of the act of August 6, 1846, for the additional services required under that act; which was read the first and second times, by unanimous consent, and referred to the Committee on Finance.

Agreeably to notice, Mr. Downs asked and obtained leave to bring in a bill (S. 60) for the relief of William Darby; which was read the first and second times by unanimous consent, and considered as in Committee of the Whole.

On motion by Mr. Downs,

Ordered , That the further consideration thereof be postponed to Monday next, and be the order of the day.

Agreeably to notice, Mr. Underwood asked and obtained leave to bring in a bill (S. 61) to provide for the repair and improvement of the dam at the head of Cumberland island, in the Ohio river; which was read the first and second times, by unanimous consent, and considered as in Committee of the Whole.

On motion by Mr. Underwood,

Ordered , That it lie on the table.

Agreeably to notice, Mr. Bright asked and obtained leave to bring in a bill (S. 62) to provide more effectually for overcoming the obstructions to the navigation of the Ohio river, at the falls thereof; which was read the first and second times, by unanimous consent, and referred to the Committee on Roads and Canals.

Agreeably to notice, Mr. Dodge, of Iowa, asked and obtained leave to bring in a bill (S. 63) to grant to the city of Burlington, in Iowa, the land heretofore reserved between that city and the Mississippi river; which was read the first and second times, by unanimous consent, and referred to the Committee on Public Lands.

Agreeably to notice, Mr. Bradbury asked and obtained leave to bring in a bill (S. 64) to provide for the ascertainment and satisfaction of claims of American citizens for spoliations committed by the French prior to July 31, 1801; which was read the first and second times by unanimous consent.

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On motion by Mr. Bradbury,

Ordered , That it be referred to a select committee, consisting of five members, to be appointed by the President pro tempore; and

Mr. Bradbury, Mr. Smith, Mr. Bright, Mr. Downs, and Mr. Felch were appointed the committee.

Agreeably to notice, Mr. Mallory asked and obtained leave to bring in a bill (S. 65) to repeal the act entitled “An act concerning tonnage duty on Spanish vessels; which was read the first and second times by unanimous consent, and referred to the Committee on Commerce.

The engrossed bill (S. 6) to establish a branch of the mint of the United States in California, was read the third time.

Resolved , That this bill pass, and that the title thereof be as aforesaid.

Ordered , That the Secretary request the concurrence of the House of Representatives therein.

The Senate resumed the consideration of the resolution submitted by Mr. Shields, the 8th instant, for the appointment of a committee to introduce Louis Kossuth to the Senate: and having been amended to read as follows:

Resolved , That a committee of three be appointed by the Chair to wait upon Louis Kossuth, on his arrival at the capital, and introduce him to the Senate.

On the question to agree thereto,

It was determined in the affirmative,

Yeas 30

Nays 15

On motion by Mr. Underwood,

The yeas and nays being desired by one-fifth of the senators present,

Those who voted in the affirmative are,

Messrs. Atchison, Bradbury, Brodhead, Cass, Chase, Clarke, Davis, Dodge, of Wisconsin, Dodge, of Iowa, Douglas, Felch, Fish, Foot, of Vermont, Foote, of Mississippi, Geyer, Gwin, Hamlin, Houston, James, Jones, of Iowa, Miller, Norris, Seward, Shields, Smith, Stockton, Sumner, Wade, Walker, Whitcomb.

Those who voted in the negative are,

Messrs. Bayard, Borland, Butler, Clemens, Dawson, Hunter, Jones, of Tennessee, King, Mason, Morton, Pratt, Sebastian, Spruance, Underwood, Upham.

So the resolution was agreed to; and,

Mr. Shields, Mr. Seward, and Mr. Foote, of Mississippi, were appointed accordingly.

The Senate resumed the consideration of the resolution submitted by Mr. Foote, the 4th instant, in relation to the adjustment of questions growing out of the institution of slavery; and,

After debate,

On motion by Mr. Mason,

The Senate adjourned.

WEDNESDAY, December 17, 1851. Link to Annals.

The Honorable Willie P. Mangum, from the State of North Carolina, attended.

The following message was received from the President of the United States, by Mr. McCormick:

To the Senate of the United States:

In answer to the resolution of the Senate of the 9th instant, requesting information in regard to the imprisonment of John S. Thrasher, at Havana, I transmit a report from the Secretary of State, and the documents which accompanied it.

MILLARD FILLMORE.

Washington , December 16, 1851.

The message was read.

On motion by Mr. Hunter,

Ordered , That it be referred to the Committee on Foreign Relations, and printed.

The following message was received from the President of the United States, by Mr. McCormick:

To the Senate of the United States:

I have received a resolution of the Senate adopted on the 12th instant, in the following terms:

“ Resolved , That the President of the United States be requested to communicate to the Senate, if not inconsistent with the public interest, any information the Executive may have received respecting the firing into, and seizure of the American steamship Prometheus by a British vessel-of-war, in November last, near Grey Town, on the Mosquito coast; and also what measures have been taken by the Executive to ascertain the state of the fact, and to vindicate the honor of the country.”

In answer to this request I submit to the Senate the accompanying extracts from a communication addressed to the Department of State by Mr. Joseph L. White, as counsel of the American, Atlantic and Pacific Ship Canal Company, dated 2d instant.

This communication is the principal source of the information received by the Executive in relation to the subject alluded to, and is presumed to be essentially correct in its statement of the facts. Upon receiving this communication, instructions such as the occasion seemed to demand, were immediately despatched to the Minister of the United States in London. Sufficient time has not elapsed for the return of any answer to this despatch from him, and in my judgment it would at the present moment be inconsistent with the public interest to communicate those instructions. A communication, however, of all the correspondence will be made to the Senate at the earliest moment at which a proper regard to the public interest will permit.

At the same time, instructions were given to Commodore Parker, commanding 0069 69 the Home Squadron, a copy of which, so far as they relate to the case of the Prometheus, is herewith transmitted to the Senate.

MILLARD FILLMORE.

Washington , December 15, 1851.

The message was read.

On motion by Mr. Brodhead,

Ordered , That it lie on the table, and be printed.

The following message was received from the President of the United States, by Mr. McCormick:

To the Senate of the United States:

I transmit to the Senate a report of the Secretary of State in answer to their resolution of the 8th of March last.

MILLARD FILLMORE.

Washington , December 15, 1851.

The message was read.

Ordered , That it be referred to the Committee on Commerce, and printed.

The following message was received from the President of the United States, by Mr. McCormick:

To the Senate of the United States:

In answer to the resolution of the Senate of the 8th instant, requesting the communication of a despatch addressed to the Department of State by Mr. Niles, late chargé d'affaires of the United States at Turin, I transmit a report from the Secretary of State, which is accompanied by a copy of the despatch.

MILLARD FILLMORE.

Washington , December 16, 1851.

The message was read.

On motion by Mr. Mason,

Ordered , That it lie on the table, and be printed.

The President pro tempore laid before the Senate a report of the Secretary of War, accompanied by statements showing the expenditures from the appropriations for the contingent expenses of the offices and bureaus of that Department; which was read.

Ordered , That it lie on the table, and be printed.

The President pro tempore laid before the Senate a report of the Secretary of War, communicating, in compliance with a resolution of the Senate of the 15th of February last, a report of the Chief of the Corps of Topographical Engineers, giving the rules for the government of that corps, and the duties on which each officer has been employed since 1838; which was read.

On motion by Mr. Borland,

Ordered , That it lie on the table.

Mr. Chase presented a petition of citizens of Ohio, praying an amendment to the laws relating to the diplomatic intercourse between the United States and foreign countries; which was referred to the Committee on Foreign Relations.

Mr. Chase presented the petition of Zachariah Lawrence, praying compensation 0070 70 for the capture of a British sloop, called the Venture, during the last war with Great Britain; which was referred to the Committee of Claims.

Mr. Downs presented a petition of the late and present land officers at Monroe, Louisiana, praying additional compensation for locating bounty land warrants.

Ordered , that it lie on the table.

Mr. Gwin presented a petition of the officers of the United States sloop-of-war Falmouth, attached to the Pacific squadron, praying extra pay; which was referred to the Committee on Naval Affairs.

Mr. Gwin presented documents relating to the claim of Mariano G. Vallejo, to indemnity for property taken for the use of the United States troops under the command of Captain J. C. Fremont; which were referred to the Committee on Military Affairs.

Mr. Clemens presented a memorial of the Legislature of Alabama, praying the sale of reserved lands in Clarke county, in that State; which was referred to the Committee on Public Lands.

Mr. Brodhead presented a memorial of citizens of the United States, praying a modification or repeal of the law abolishing flogging in the navy and the commercial marine;

On motion by Mr. Stockton,

Ordered , That it lie on the table.

Mr. Underwood presented the memorial of Peter G. Washington, John F. C. Saloman, and William Selden, proposing to enter into a contract for supplying the cities of Washington and Georgetown with water from the Potomac river, above Georgetown; which was referred to the Committee on the District of Columbia.

Mr. Butler presented a petition of citizens of the districts of Kershaw and Lancaster, South Carolina, praying the establishment of a mail route from Camden, in that State, to Monroe, in North Carolina; which was referred to the Committee on the Post Office and Post Roads.

Mr. Walker presented the memorial of Benjamin H. Mooers, for himself and the other heirs of Benjamin Mooers, deceased, an officer in the revolutionary army, praying to be allowed the depredation on the commutation certificates issued to their ancestor in lieu of his half-pay for life; which was referred to the Committee on Revolutionary Claims.

On motion by Mr. Upham,

Ordered , That the memorial of Sylvester Churchill, on the files of the Senate, be referred to the Committee on Military Affairs.

On motion by Mr. Hunter,

Ordered , That the petition of the heirs of Charles Lewis, on the files of the Senate, be referred to the Committee on Revolutionary Claims.

On motion by Mr. Hamlin,

Ordered , That the petition of James Dunning, on the files of the Senate, be referred to the Committee of Claims.

On motion by Mr. Bradbury,

Ordered , That the petition of John O. Means, on the files, of the Senate, be referred to the Committee on Naval Affairs.

On motion by Mr. Dawson,

Ordered , That the documents on the files of the Senate, relating to the application of John Shly for a renewal of a patent, be referred to the Committee on Patents and the Patent Office.

0071 71

On motion by Mr. Dawson,

Ordered , That the petition of George Talcott, on the files of the Senate, be referred to the Committee on Military Affairs.

On motion by Mr. Sebastian,

Ordered , That the memorial of J. K. Rogers, legal representative of David Cordery, deceased, on the files of the Senate, be referred to the Committee on Indian Affairs.

On motion by Mr. Hunter,

Ordered , That the Committee of Claims be discharged from the further consideration of the petition of the legal representatives of John Moore, and that it be referred to the Committee on Revolutionary Claims.

On motion by Mr. Hamlin,

Ordered , That the Committee on Commerce be discharged from the further consideration of the petition of the Italian Mutual Benevolent Society of New Orleans, and that it be referred to the Committee on Finance.

Mr. Walker submitted the following resolution for consideration:

Whereas, the signs of the times are portentious of an approaching struggle in Europe, between the republican masses for constitutional government on one side, and the advocates of monarchy for absolute governments on the other; and whereas, it pressingly behooves the representatives of the American people, and of the united sovereign States of America to seriously consider, and betimes to inquire into the relations of the Government and country in this struggle, and their duty in view of it to themselves, to foreign nations, and the international law; therefore,

Be it resolved , That the Committee on Foreign Relations be instructed to inquire into, and report upon the expediency of an open declaration by Congress, to foreign nations and the world, that the United States hold strictly to the policy and principle that each individual nation, state, or power possesses, for itself, the exclusive right and sole power re take care and dispose of its own internal concerns, without and exempt from the intervention and interference of any foreign government, state, confederacy, alliance, or power whatsoever; and that any such intervention or interference by, or on the part of any foreign government, state, confederacy, alliance or power, constitutes an infraction of the law of nations, authorising and justifying the interposition of any or all other governments, confederacies, or powers, at their discretion, to prevent such intervention, and to repair such infraction of the law of nations.

Resolved further , That the same committee be instructed to inquire, also, into the expediency of requesting the President of the United States to cause negotiations to be opened with all other constitutional governments, with a view, and to the end of obtaining their co-operation with the United States in the declaration aforesaid, and the policy and principle thereof, and in the observance, defence, and maintenance of the law of nations in this respect.

Mr. Hamlin, from the Committee on Commerce, to whom was referred the petition of William P. Greene, submitted a report, accompanied by a bill (S. 66) for the relief of William P. Greene.

The bill was read and passed to a second reading.

Ordered , That the report be printed.

Mr. Hamlin, from the Committee on Commerce, to whom was referred 0072 72 the petition of John A. McGaw, submitted a report, accompanied by a bill (S. 67) granting relief to John A. McGaw, of New York.

The bill was read and passed to the second reading.

Ordered , That the report be printed.

Mr. Hamlin, from the Committee on Commerce, to whom was referred the bill (S. 25) supplementary to the several acts of Congress providing for the better security of the lives of passengers on board of vessels propelled in whole or in part by steam, and for other purposes, reported it without amendment.

Agreeably to notice, Mr. Davis asked and obtained leave to bring in a bill (S. 68) for the relief of Charles A. Kellett; which was read the first and second times, by unanimous consent, and referred to the Committee on Commerce.

Agreeably to notice, Mr. Davis asked and obtained leave to bring in a bill (S. 69) for the relief of Enoch Baldwin, and others; which was read the first and second times, by unanimous consent, and referred to the Committee on Commerce.

Mr. Hunter, from the Committee on Finance, to whom was referred the bill (S. 59) to provide compensation to such persons as may be designated by the Secretary of the Treasury, to receive and keep the public money, under the fifteenth section of the act of 6th August, 1846, for the additional services required under that act, reported it without amendment.

The Senate proceeded to consider the said bill (S. 59) as in Committee of the Whole; and, no amendment being made, it was reported to the Senate.

Ordered , That it be engrossed, and read a third time.

Mr. Felch, from the Committee on Public Lands, to whom was referred the bill (S. 2) to grant to the State of Ohio the unsold and unappropriated public lands remaining in that State, reported it with an amendment.

The Senate proceeded to consider, as in Committee of the Whole, the bill (S. 32) for the relief of Margaret L. Worth; and, no amendment being made, it was reported to the Senate.

On the question: Shall this bill be engrossed, and read a third time?

It was determined in the affirmative,

Yeas 38

Nays 5

On motion by Mr. Underwood,

The yeas and nays being desired by one-fifth of the senators present,

Those who voted in the affirmative are,

Messrs. Atchison, Badger, Borland, Bradbury, Brodhead, Butler, Chase, Clemens, Davis, Dodge of Wisconsin, Dodge of Iowa, Douglas, Downs, Felch, Fish, Foot of Vermont, Geyer, Gwin, Houston, James, Jones of Iowa, Jones of Tennessee, Mallory, Mangum, Mason, Miller, Morton, Norris, Sebastian, Seward, Shields, Smith, Spruance, Stockton, Summer, Upham, Wade, Walker.

Those who voted in the negative are,

Messrs. Dawson, Hunter, King, Pratt, Underwood.

So it was

Ordered , That this bill be engrossed, and read a third time.

The Senate resumed the consideration of the resolution submitted by Mr. Foote, in relation to the adjustment of the questions growing out of the institution of slavery; and,

0073 73

After debate,

On motion by Mr. Foote,

The Senate adjourned.

THURSDAY, December 18, 1851. Link to Annals.

Mr. Underwood presented the petition of Leslie Coombs, praying the payment of certain bonds issued to him by the late Republic of Texas; which was referred to the Committee on Finance.

Mr. Underwood presented a memorial of John A. Ragan, proposing to execute a plan, discovered by him, for draining the lands overflowed by the Mississippi and its tributaries, on condition of a grant of a portion and the lands reclaimed; which was referred to the Committee on Roads and Canals.

Mr. Mason presented the petition of Charles Fletcher, proposing to establish a line of steam packets between Norfolk, Virginia, and the ports of Cadez and Gibralter, in Spain, and praying that the Secretary of the Navy may be authorized to contract with him for carrying the mail between those ports; which was referred to be Committee on Naval Affairs.

Mr. Hale presented the memorial of Caleb Dustin, praying the redemption of certain continental scrip issued to his grandfather for his services in the revolutionary war; which was referred to the Committee on Revolutionary Claims.

Mr. Hale presented a resolution passed by the legislature of the State of New Hampshire, in favor of the establishment of a Bureau of Agriculture in the Department of the Interior, at Washington.

Ordered , That it lie on the table, and be printed.

Mr. Borland presented a memorial of Robert Mills, architect, praying to be allowed an opportunity to justify his acts as architect and superintendent of the Patent Office wing building, against certain charges by the Commissioner of Public Buildings, in his report to the Secretary of the Interior; which was referred to the Committee on Public Buildings.

Mr. Fish presented a penmen of the assistant marshals for taking the seventh census of King's county, New York, praying to be allowed additional compensation for their services; which was referred to the Committee on the Judiciary.

Mr. Pratt submitted additional evidence in relation, to the claim of the legal representatives of William Somerville, deceased; which was referred to the Committee of Claims.

Mr. Butler submitted additional evidence in relation to the petition of the representatives, of John Moore, deceased; which was referred to the Committee on Revolutionary Claims.

Mr. Butler presented the petition of Derrill H. Darby, for himself and the other heirs of Colonel William Johnson, an officer in the revolutionary army, praying to be allowed commutation pay; which was referred to the Committee on Revolutionary Claims.

Mr. Downs presented the petition of Francis Gardere, praying compensation for certain land claimed by him under a Spanish grant, and occupied by the United States for military purposes; which was referred to the Committee on Public Lands.

0074 74

Mr. Mallory presented the memorial of the administrator of Joshua B. Smith, deceased, praying compensation for the use of a vessel employed under a contract with a Government officer, in transporting troops during the Florida war; which was referred to the Committee of Claims.

Mr. Mallory presented the petition of John H. Patterson, praying compensation for his services as a lieutenant in the Florida war; which was referred to the Committee of Claims.

Mr. Mallory presented the petition of C. H. Blood, praying compensation for supplies furnished to a company of Florida volunteers, in the Seminole war; which was referred to the Committee of Claims.

Mr. Mallory presented the petition of Sarah Flinn, praying compensation for supplies furnished the troops of the United States, in the Florida war; which was referred to the Committee of Claims.

Mr. Mallory presented the petition of David Osburn, praying compensation for corn and fodder furnished the troops of the United States in the Florida war; which was referred to the Committee of Claims.

Mr. Mallory presented the petition of John W. W. Jackson, praying compensation for a horse killed in the service of the United States; which was referred to the Committee of Claims.

Mr. Mallory presented the petition of Jose Baya, praying compensation for a horse lost in the military service of the United States; which was referred to the Committee of Claims.

On motion by Mr. Wade,

Ordered , That the memorial of Cadwallader Wallace, on me files of the Senate, be referred to the Committee on Public Lands.

On motion by Mr. Hamlin,

Ordered , That the memorial of merchants, ship owners, and others, inhabitants of Portland, Maine, on the files of the Senate, relating to the establishment of a marine hospital at that place, be referred to the Committee on Commerce.

Mr. Felch submitted the following resolution for consideration:

Resolved , That five thousand five hundred additional copies of the report of Messrs. Foster and Whitney, in relation to the iron region of Lake Superior, Michigan, which was ordered to be printed by the resolution of the Senate of the 13th of March last, be printed for the use of the Senate, and that three hundred copies thereof be furnished to the Smithsonian Institution for distribution, and two hundred copies to Messrs. Foster and Whitney.

The Senate proceeded to consider the resolution by unanimous consent; and,

Ordered , That it be referred to the Committee on Printing.

Mr. Gwin, from the Committee on Naval Affairs, to whom was referred the memorial of Eliza C. Bache, submitted a report, accompanied by a bill (S. 70) for the relief of the widows and relatives of certain officers and seamen of the United States brig Washington, who were lost overboard in a hurricane.

The bill was read, and passed to the second reading.

Ordered , That the report be printed.

Mr. Hamlin, from the Committee on Commerce, to whom the subject was referred, reported a bill (S. 71) authorizing the Secretary of the Treasury to issue a register to the brig Ada; which was read the first and 0075 75 second times, by unanimous consent, and considered as in Committee of the Whole; and no amendment being made, it was reported re the Senate.

Ordered , That it be engrossed, and read a third time.

Mr. Foote, agreeably to notice, asked and obtained leave to bring in a bill (S. 72) granting to the State of Mississippi the right of way and a donation of public land for the purpose of locating and constructing a railroad from Brandon to the eastern border of said State, in the direction of Montgomery, Alabama; which was read the first and second times, by unanimous consent, and considered as in Committee of the Whole; and no amendment being made, it was reported to the Senate.

Ordered , That it be engrossed, and read a third time.

Mr. Gwin, agreeably to notice, asked and obtained leave to bring in a bill (S. 73) granting the right of way for, and to aid in the construction of a line of telegraph from the Mississippi river to the Pacific ocean; which was read the first and second times, by unanimous consent, and referred to the Committee on the Post Office and Post Roads.

Mr. Felch, agreeably to notice, asked and obtained leave to bring in the following bills:

S. 74. A bill to authorize the State of Illinois to select the residue of the lands to which she is entitled under the act of March 2, 1827, granting land to aid that State in opening a canal to connect the waters of the Illinois river with those of Lake Michigan.

S. 75. A bill to revive and continue in force, for a limited time, the provisions of an act relative suspended entries of public lands.

The said bills were read the first and second times, by unanimous consent, and referred to the Committee on Public Lands.

Mr. Mangum, agreeably to notice, asked and obtained leave to bring in a bill (S.76) for the relief of the personal representative of William A. Slacum, deceased; which was read the first and second times, by unanimous consent, and referred to the Committee on Foreign Relations.

The following engrossed bills were severally read a third time:

S. 32. Bill for the relief of Margaret L. Worth.

S. 59. Bill to provide compensation to such persons as may be designated by the Secretary of the Treasury to receive and keep the public money, under the fifteenth section of the act of August 6, 1846, for the additional services required under that act.

Resolved , That the said bills pass, and that the titles thereof be as aforesaid.

Ordered , That the Secretary request the concurrence of the House of Representatives therein.

The Senate proceeded to consider, as in Committee of the Whole, the resolution (S. R. 6) in relation to printing the returns of the seventh census; and,

On motion by Mr. Bright,

Ordered , That the further consideration thereof be postponed to Monday, the 22d instant, and be the order of the day.

A message from the House of Representatives, by Mr. Robb, Chief Clerk:

Mr. President: The House of Representatives have passed the following joint resolutions:

H. R. 5. Joint resolution providing for the binding of certain documents.

0076 76

H. R. 6. Joint resolution to authorized the Postmaster-General to legalize certain contracts for the transportation of the mail in California and Oregon.

H. R. 7. Joint resolution providing for the printing of additional copies of the, journals and public documents, in which they request the concurrence of the Senate.

The Senate resumed the consideration of the resolution submitted by Mr. Foote, the 4th instant, in relation to the adjustment of the questions growing out of the institution of domestic slavery; and, having been been amended, on the motion of Mr. Badger:

After debate,

On motion by Mr. Mangum,

The Senate adjourned.

FRIDAY, December 19, 1851. Link to Annals.

Mr. Hunter presented the credentials of the Honorable John J. McRae, appointed a Senator by the Governor of the State of Mississippi, to fill the vacancy occasioned by the resignation of the Honorable Jefferson Davis; which were read, and the oath prescribed by law having been administered to Mr. McRae, he took his seat in the Senate.

Mr. Mason presented the petition of Thomas J. Page, praying compensation for services rendered as purser on board the brig Dolphin, in the years 1849 and 1851; which was referred to the Committee on Naval Affairs.

Mr. Fish presented the petition of D. S. Edwards, Richard McSherry, and Elisha R. Kane, medical officers in the navy, praying to be placed on the same footing as to pay and allowances with the medical officers of the army, during the time they served on shore with the army in Mexico; which was referred to the Committee on Naval Affairs.

Mr. Fish presented a memorial of the assistant marshals, for taking the seventh census in King's county, New York, praying additional compensation for their services; which was referred to the Committee on the Judiciary.

Mr. Mallory presented the petition of James P. Lightbourn, praying compensation for property destroyed while in the occupation of the troops of the United States, during the Florida war; which was referred to the Committee of Claims.

Mr. Dawson submitted additional documents relating to the memorial of Jane Irwin; which were referred to the Committee on Revolutionary Claims.

Mr. Cass presented the petition of Squire Moon, praying to be allowed arrears of pension; which was referred to the committee on Pensions.

Mr. Norris submitted additional documents in relation to the claim of israel Ketcham; which, with his petition on the files of the Senate, were referred to the Committee of Claims.

On motion by Mr. Foote, of Mississippi,

Ordered , That the memorial of Clements, Bryan and Company, on the files of the Senate, be referred to the committee of Claims.

On motion by Mr. Hamlin,

0077 77

Ordered , That the petition of North Miller, on the files of the Senate, be referred to the Committee on Commerce.

On motion by Mr. Clemens,

Ordered , That the petition of William R. Hallett, administrator of Joshua Kennedy, on the files of the Senate, be referred to the Committee on Military Affairs.

Mr. Borland submitted the following resolution; which was considered, by unanimous consent, and agreed to:

Resolved , That the Committee on Printing be authorized to employ a clerk during the present session of Congress, to whom the usual per diem compensation shall be paid out of the contingent fund of the Senate.

Mr. Gwin submitted the following resolution; which was considered, by unanimous consent, and agreed to:

Resolved , That the Secretary of the Navy be requested to furnish the Senate with any letters from officers of the navy, on the subject of corporal punishment in the navy, and any code or codes of law, or regulations which he may have prepared for the better government of the navy.

Mr. Mallory submitted the following resolution; which was considered, by unanimous consent, and agreed to:

Resolved , That the President be requested to furnish to the Senate, the original record of examinations of witnesses, prepared by a “Board of Examiners,” composed of General Churchill, United States army, and other officers, relative to sundry claims of citizens of Florida; and also, the record of examinations of witnesses prepared by Major Thomas, United States army, and other officers on the same subject; which records were prepared by order of the War Department, and are now on file in said Department.

Mr. Borland, from the Committee on Printing, to whom was referred the resolution submitted by Mr. Felch, the 18th instant, to print five throb sand five hundred additional copies of the report of Messrs. Foster and Whitney, in relation to the iron region of Lake Superior, Michigan, reported thereon.

The Senate proceeded to consider the resolution; and,

The resolution was agreed to.

Agreeably to notice, Mr. Seward asked and obtained leave to bring in a joint resolution (S. R. 9) to establish certain mail routes; which was read the first and second times, by unanimous consent, and referred to the Committee on the Post Office and Post Roads.

Agreeably to notice, Mr. Atchison asked and obtained leave to bring in bill (S. 77) for the relief of the heirs and legal representatives of Colonel Alexander G. Morgan; which was read the first and second times, by unanimous consent, and referred to the Committee on Military Affairs.

Agreeably to notice, Mr. Fish asked and obtained leave to bring in a bill (S.78) amendatory of the act entitled “An act to provide for holding the courts of the United States, in case of the sickness or other disability of the judges of the district courts,” approved July 29, 1850; winch was read the first and second times, by unanimous consent, and with the accompanying papers, referred to the Committee on the Judiciary.

On motion by Mr. Chase,

Ordered , That Bryan Callaghan have leave to withdraw his petition and papers.

0078 78

On motion by Mr. Hunter,

Ordered , That so much of the message of the President of the United States as relates to the finances, be referred to the Committee on Finance; that so much thereof as relates to naval affairs, be referred to the Committee on Naval Affairs; and that so much thereof as relates to military affairs, be referred to the Committee on Military Affairs.

On motion by Mr. Felch,

Ordered , That so much of the message of the President of the United States as relates to the public lands, be referred to the Committee on Public Lands.

On motion by Mr. Mason,

Ordered , That so much of the message of the President of the United States as relates to foreign relations, be referred to the Committee on Foreign Relations.

On motion by Mr. Hamlin,

Ordered , That so much of the message of the President of the United States as relates to improving the lakes and harbors of the United States, be referred to the Committee on Commerce.

The joint resolution (H. R. 5) providing for the binding of certain documents, was read the first and second times, by unanimous consent, and referred to the Committee on Printing.

The joint resolution (H. R. 6) to authorize the Postmaster General to legalize certain contracts for the transportation of the mail in California and Oregon, was read the first and second times, by unanimous consent, and referred to the Committee on the Post Office and Post Roads.

The joint resolution (H. R. 7) providing for the printing of additional copies of the journals and public documents, was read the first and second times, by unanimous consent and considered as in Committee of the Whole; and, no amendment being made, it was reported to the Senate.

Ordered , That it pass to a third reading.

The following engrossed bills were severally read a third time:

S. 71. A bill authorising the Secretary of the Treasury to issue a register to the brig Ada.

S. 72. A bill granting to the State of Mississippi the right of way, and a donation of public land, for the purpose of locating and constructing a railroad from Brandon to the eastern border of said State, in the direction of Montgomery, Alabama.

Resolved , That the said bills pass, and that the titles thereof be as aforesaid.

The Senate resumed the consideration of the resolution submitted by Mr. Foote, the 4th instant, in relation to the adjustment of the questions growing out of the institution of domestic slavery; and,

After debate,

On motion by Mr. Hunter,

The Senate adjourned.

SATURDAY, December 20, 1851. Link to Annals.

Mr. Seward presented a memorial of the Industrial Congress of the city of New York, praying such a modification of the foreign policy of the Government as will admit of the intervention of the United States in behalf of the oppressed subjects of other countries seeking to shake off tyrannical and despotic governments; which was referred to the Committee on Foreign Relations.

Mr. Dawson presented the petition of W. R. Nevins, praying an extension of his patent for a machine for rolling and cutting crackers and biscuits; which was referred to the Committee on Patents and the Patent Office.

Mr. Morton presented the petition of Daniel Brister and others, praying compensation for property taken and destroyed by the Camanches and other Indian tribes; which was referred to the Committee on Indian Affairs.

Mr. Smith presented the memorial of Charles Massey, jr., and other citizens of Philadelphia, praying indemnity for French spoliations, prior to 1800; which was referred to the Select Committee on French Spoliations.

Mr. Hamlin presented a petition of citizens of Maine, praying an appropriation for the erection of a breakwater in Owl's Head Harbor, in that State; which was referred to the Committee on Commerce.

Mr. Gwin presented the petition of Z. F. Johnston, an officer in the navy, praying the reimbursement of certain expenses to which he was subjected in obeying an order of the Secretary of the Navy, and to be allowed the pay of a captain in the navy during the time he discharged the duties of that office; which was referred to the Committee on Naval Affairs.

On motion by Mr. Clemens,

Ordered , That the petition of Thomas Rhodes, on the files of the Senate, be referred to the Committee on the Post Office and Post Roads.

On motion by Mr. Dodge, of Iowa,

Ordered , That John P. Sheldon have leave to withdraw his petition and papers.

On motion by Mr. Mason,

Ordered , That Albert Fitz have leave to withdraw his petition and papers.

On motion by Mr. Underwood,

Ordered , That the petition of Mira M. Alexander, on the files of the Senate, be referred to the Committee on Pensions.

Mr. Mangum, from the Committee on Foreign Relations, to whom was referred the bill (S. 76) for the relief of the personal representative of William A. Slacum, deceased, reported it without amendment.

Mr. Borland, from the Committee on Printing, to whom was referred the resolution (H. R. 5) providing for the binding of certain documents, reported it without amendment.

The said resolution was considered as in Committee of the Whole; and, having been amended, on the motion of Mr. Borland,

On motion by Mr. Mangum,

0080 80

Ordered , That the further consideration thereof be postponed to Monday, the 29th instant.

The Senate proceeded to consider the resolution submitted by Mr. Walker, the 17th December, in relation to the foreign policy of the United States; and,

On motion by Mr. Walker,

Ordered , That it lie on the table, and be printed.

The joint resolution (S. R. 2) expressive of the sympathy of Congress for the exiled Irish patriots, Smith O'Brien, Thomas T. Meagher, and their associates, was read the second time, and considered as in Committee of the Whole.

On motion by Mr. Shields,

Ordered , That it lie on the table.

The joint resolution (S. R. 7) requesting the President of the United States to interpose the friendly offices of this government with the President of the Republic of France on behalf of the liberation of Abdel Kader, was read the second time, and considered as in Committee of the Whole; and,

On motion by Mr. Hale,

Ordered , That it lie on the table.

The Senate proceeded to consider, as in Committee of the Whole, the joint resolution (S. R. 3) explanatory of the act approved September 28, 1850, entitled “An act granting bounty land to certain officers and soldiers who have been engaged in the military service of the United States;” and,

An amendment having been proposed by Mr. Borland,

On motion by Mr. Underwood,

Ordered , That the resolution be recommitted to the Committee on Public Lands.

On motion by Mr. Borland,

Ordered , That the proposed amendment be printed.

The resolution (H. R. R. 7) providing for the printing of additional copies of the journals and public documents, was read a third time.

Resolved , That this resolution pass.

Ordered , That the Secretary notify the House of Representatives thereof.

The Senate resumed the consideration of the resolution submitted by Mr. Foote, in relation to the adjustment of the questions growing out of the institution of domestic slavery; and,

After debate,

On motion by Mr. Houston,

Ordered , That the further consideration thereof be postponed to Monday next.

After the consideration of executive business,

The Senate adjourned.

MONDAY, December 22, 1851. Link to Annals.

Mr. Jones, of Iowa, presented the proceedings, and a memorial of the Railroad Convention of the State of Iowa, in favor of the enactment of a law granting the right of way, and making a grant of land to that State in aid of the construction of a railroad from Dubuque to Keokuk, and from Davenport to the Missouri river, at or near Council Bluffs, in Iowa; which were referred to the Committee on Public Lands.

Mr. Jones, of Iowa, presented the memorial of Mary Robb, widow of Hugh Robb, a soldier in the last war with Great Britain, praying to be allowed a pension; which was referred to the Committee on Pensions.

Mr. Jones, of Iowa, presented a petition of S. Hempstead and others, praying that a pension may be granted to David L. Davis, in consideration of an injury received while in the service of the United States as an assistant surveyor of public lands; which was referred to the Committee on Pensions.

Mr. Hamlin submitted additional documents in relation to the petition of Nathan Weston, jr.; which, with his petition on the files of the Senate, were referred to the Committee on Military Affairs.

Mr. Downs presented the petition of Thomas Mullett, praying compensation for his services as a deputy surveyor of public lands in Louisiana; which was referred to the Committee of Claims.

Mr. Downs presented the petition of W. C. Templeton, proposing to establish a line of mail steamers from New Orleans, via Tamico, to Vera Cruz, and praying that the Postmaster General may be directed to enter into contract with him for the transportation of the mail between those places; which was referred to the Committee on the Post Office and Post Roads.

On motion by Mr. Pratt,

Ordered , That the petition of the heirs of John Ireland, on the files of the Senate, be referred to the Committee of Claims.

Mr. Hunter submitted the following resolution; which was considered, by unanimous consent, and agreed to:

Resolved , That the Committee on Finance be authorised to employ a clerk during the present session, who shall receive the usual compensation.

On motion by Mr. Cass,

Ordered , That the message of the President of the United States, communicating, in compliance with a resolution of the Senate, information in relation to the firing into and seizure of the American steamship Prometheus by a British vessel of war, transmitted to the Senate the 17th instant, be referred to the Committee on Foreign Relations.

On motion by Mr. Felch,

Ordered , That of the additional number of copies of the report of Messrs. Foster and Whitney, ordered to be printed by the resolution of the Senate of the 19th instant, five hundred be furnished to the Commissioner of the General Land Office.

Mr. Shields, from the Committee on Public Lands, to whom was referred the bill (S. 74) to authorise the State of Illinois to select the residue of the lands to which she is entitled under the act of 2d March, 1827, granting 6 0082 82 land to aid that State in opening a canal to connect the waters of the Illinois river with those of Lake Michigan, reported it without amendment.

Mr. Dodge, of Iowa, from the Committee on Public Lands, to whom was referred the bill (S. 1) granting the right of way, and making a grant of land to the State of Iowa in aid of the construction of a railroad in said State, reported it with an amendment.

Agreeably to notice, Mr. Miller asked and obtained leave to bring in a bill (S. 79) making appropriations for the improvement of certain harbors and rivers; which was read the first and second times, by unanimous consent, and referred to the Committee on Commerce.

Agreeably to notice, Mr. Seward asked and obtained leave to bring in a bill (S. 80) for the relief of Thomas H. Leggett; which was read the first and second times, by unanimous consent, and referred to the Committee on Commerce.

Mr. Dodge, of Wisconsin, by unanimous consent, asked and obtained leave to bring in a joint resolution (S. R. 10) for the relief of Alexander P. Field, late secretary of Wisconsin Territory, and sureties; which was read the first and second times, by unanimous consent, and referred to the Committee on Finance.

Agreeably to notice, Mr. Mangum asked and obtained leave to bring in a bill (S. 81) for the relief of John R. Bryan, administrator of Isaac Garretson, deceased, late a purser in the United States navy; which was read the first and second times, by unanimous consent, and, with the papers on the files of the Senate, referred to the Committee on Naval Affairs.

Mr. Jones, of Iowa, from the Committee on Pensions, to whom was referred the petition of Elizabeth Arnold, submitted a report, accompanied by a bill (S. 82) for her relief.

The bill was read, and passed to a second reading.

Ordered , That the report be printed.

The Senate proceeded to consider the resolution submitted by Mr. Hale, the 4th instant, in relation to violations of the law prohibiting flogging in the navy; and having been amended on the motion of Mr. Hale, the resolution was agreed to, as follows:

Resolved , That the Secretary of the Navy be directed to inform the Senate whether any charges were preferred by any officer of the United States frigate Cumberland against William K. Latimer, while commanding said frigate, on her recent cruize, for illegal punishment and disobedience of orders; and also, whether any court of inquiry was holden on the conduct of said Latimer, and if so, what was the finding or recommendation of said court of inquiry; and if any such charges have been made against said Latimer, or if any such court of inquiry has been holden, that he furnish the same to the Senate; and that he also inform the Senate what proceeding the Secretary of the Navy has taken in the premises, both as regards said Latimer, and the officer who preferred said charges.

The Senate proceeded to consider the resolution submitted by Mr. Pratt, the 16th instant, to set apart Friday in each week, after the 1st of January, for the purpose of considering and acting on private bills; and,

The resolution was agreed to.

The Senate resumed the consideration of the resolution submitted by Mr. Foote, of Mississippi, the 4th instant, in relation to the adjustment of the questions growing out of the institution of slavery; and,

0083 83

After debate,

On motion by Mr. Clemens,

The Senate adjourned.

TUESDAY, December 23, 1851. Link to Annals.

The President pro tempore laid before the Senate, a report of the Secretary of the Navy, communicating, in compliance with a resolution of the Senate, of the 19th instant, letters from officers of the navy on the subject of corporal punishment in the navy, and a revision of the rules and regulations of the navy by a board of naval officers.

On motion by Mr. Gwin,

Ordered , That it be referred to the Committee on Naval Affairs, and printed.

Mr. Brodhead presented a petition of citizens of Pennsylvania, praying that the stock owned by individuals in the Louisville and Portland Canal may be purchased by the United States; which was referred to the Committee on Roads and Canals.

Mr. Dodge, of Wisconsin, presented the petition of Catharine Elwes, widow of Alfred W. Elwes, a surgeon in the army, praying a pension; which was referred to the Committee on Pensions.

Mr. Underwood submitted additional documents in relation to the petition of William L. Meredith; which were referred to the Committee on Revolutionary Claims.

Mr. Stockton presented the memorial of Jesse E. Brown, in his own right, and as administrator of William J. Russell, deceased, complaining of the rejection, by the late Board of Commissioners for settling claims against Mexico, of a large portion of their claim for indemnity, and praying that a tribunal may be established for reviewing the decisions of that Board; which was referred to the Committee on Foreign Relations.

On motion by Mr. McRae,

Ordered , That Samuel Coburn have leave to withdraw his petition and papers.

On motion by Mr. Shields,

Ordered , That the memorial of Charles S. Jackson, on the files of the Senate, be referred to the Committee on Commerce.

On motion by Mr. Shields,

Ordered , That the Committee on Military Affairs be discharged from the further consideration of the memorial of Preston Starritt and others, and that it be referred to the Committee on Indian Affairs.

On motion by Mr. Shields,

Ordered , That the Committee on Military Affairs be discharged from the further consideration of the petition of W. R. Hallett, administrator of Joshua Kennedy, and that it be referred to the Committee on Indian Affairs.

On motion by Mr. Shields,

Ordered , That the Committee on Military Affairs be discharged from the further consideration of the memorial of Richard M. Johnson, and that it be referred to the Committee on Naval Affairs.

Mr. Bell submitted the following resolution for consideration:

0084 84

Resolved , That Owen Connolly be and is hereby appointed a messenger to the Senate, to take effect from and since the 11th day of March, 1851.

Mr. Jones, of Iowa, submitted the following resolution; which was considered by unanimous consent, and agreed to.

Resolved , That the Committee on Pensions be authorized, as heretofore, to employ a clerk.

Mr. Mallory submitted the following resolution; which was considered by unanimous consent, and agreed to.

Resolved , That the Committee on Naval Affairs be instructed to inquire into, and report on the expediency of establishing a naval depot at Key West, in the State of Florida.

Mr. Underwood submitted the following resolution; which was considered by unanimous consent, and agreed to.

Resolved , That the Committee on the Judiciary be instructed to inquire into the expediency of providing by law for the reinvestigation by the judicial department of the government, of all payments made by any of the executive departments, where there is ground to apprehend fraud or mistake.

On motion by Mr. Dawson,

Ordered , That the petition of Charles Lee Jones, on the files of the Senate, be referred to the Committee on Military Affairs.

On motion by Mr. Davis,

Ordered , That the petition of John W. Whipple, on the files of the Senate, be referred to the Committee of Claims.

On motion by Mr. Walker,

Ordered , That the heirs of James Bell have leave to withdraw their petition and papers.

On motion by Mr. Atchison,

Ordered , That when the Senate adjourn, it be to Friday next.

Mr. Clemens, from the Committee on Military Affairs, to whom was referred the joint resolution (S. R. 5) authorizing the President of the United States to confer the title of lieutenant-general by brevet, for eminent services, reported it without amendment.

Mr. Dawson, from the Committee on Military Affairs, to whom was referred the petition of Margaret Hetzel, submitted a report, accompanied by a bill (S. 83) for the relief of Mrs. Margaret Hetzel, widow and administratrix of A. R. Hetzel, late assistant quartermaster in the army of the United States.

The bill was read, and passed to the second reading.

Ordered , That the report be printed.

Mr. Dawson, from the Committee on Military Affairs, to whom was referred the memorial of Roger Jones, submitted a report, accompanied by a bill (S. 84) for the relief of Adjutant-General Roger Jones.

The bill was read, and passed to the second reading.

Ordered , That the report be printed.

Mr. Dodge, of Iowa, from the Committee on Public Lands, to whom was referred the bill (S. 55) to relinquish to the State of Iowa the lands reserved for salt springs therein, reported it without amendment.

Mr. Jones, of Iowa, reported from the committee, that they had examined and found duly enrolled the resolution (H. R. 7) providing for the printing of additional copies of the journals and public documents.

0085 85

A message from the House of Representatives, by Mr. Forney, their Clerk:

Mr. President: The Speaker of the House of Representatives having signed an enrolled resolution, I am directed to bring it to the Senate for the signature of their President.

The President pro tempore signed the enrolled resolution (H. R. 7) last reported to have been examined, and it was delivered to the committee to be presented to the President of the United States.

Mr. Dodge, of Iowa, submitted the following resolution for consideration:

Resolved , That five thousand five hundred copies of the report of Dr. D. D. Owen on the geology of Iowa, Wisconsin, and Minnesota Territory, be printed in quarto from, according to the resolution of the Senate, at its last session, and that five hundred copies of the same be delivered to the Commissioner of the General Land Office, two hundred copies to Dr. Owen, and three hundred copies to the Smithsonian Institute for distribution.

The Senate resumed the consideration of the resolution submitted by Mr. Foote, of Mississippi, the 4th instant, in relation to the adjustment of the questions growing out of the institution of domestic slavery; and,

After debate,

On motion by Mr. Downs,

Ordered , That the further consideration thereof be postponed to Monday, the 5th of January next, and that it be the order of the day.

After the consideration of executive business,

The Senate adjourned.

FRIDAY, December 26, 1851. Link to Annals.

A quorum not being present,

On motion by Mr. Mangum,

The Senate adjourned.

SATURDAY, December 27, 1851. Link to Annals.

The number present not being sufficient to constitute a quorum, On motion by Mr. Smith,

The Senate adjourned.

MONDAY, December 29, 1851. Link to Annals.

The President pro tempore laid before the Senate a report of the Secretary of the Navy, communicating, in compliance with a resolution of the Senate, of the 22d instant, the record of the proceedings of a court of inquiry convened November 20, 1850, on board the United States ship Cumberland, in the Bay of Naples, for the investigation of charges preferred against William K. Latimer, an officer in the navy;

The report was read.

Ordered , That it lie on the table.

The President pro tempore laid before the Senate a report of the Secretary 0086 86 of the Navy, communicating estimates for deficiencies in the appropriations for the naval service, for the year ending June 30, 1852; which was read.

Ordered , That it be referred to the Committee on Naval Affairs.

The President pro tempore laid before the Senate a letter from John S. Meehan, librarian to Congress, communicating information of the destruction by fire, the 24th instant, of the books, paintings, statuary, medals, and other property of the Government, in the principal saloon of the Library of Congress; which was read.

Ordered , That it be referred to the Committee on the Library.

Mr. Shields presented the petition of James Corrigan, a pensioner of the United States, praying an increase of pension; which was referred to the Committee on Pensions.

Mr. Clemens presented a petition of citizens of Cherokee county, Alabama, praying that indemnification may be demanded of the Spanish government for the seizure of the property of Edward Stiff, a citizen of the United States, and his imprisonment by order of the Captain-General of Cuba; which was referred to the Committee on Foreign Relations.

Mr. Felch presented the petition of Amos Kendall and John E. Kendall, praying compensation for services rendered the Western Cherokees, in prosecuting their claims; which was referred to the Committee on Indian Affairs.

Mr. Walker presented a petition of citizens of Wisconsin, praying that the right of pre-emption, and a credit of two years may be allowed to the settlers on the Menominee Purchase, in that State; which was referred to the Committee on Public Lands.

Mr. Underwood presented additional evidence in relation to the claim of James Jeffries and Jeremiah M. Smith; which was referred to the Committee on the Post Office and Post Roads.

Mr. Dawson submitted additional evidence in relation to the claim of Calvin B. Seymour; which, with his memorial on the files of the Senate, was referred to the Committee on Indian Affairs.

Mr. Dodge, of Wisconsin, presented a petition of citizens of La Cross county, Wisconsin, praying the establishment of a mail route from La Cross to Black River Falls, in that State; which was referred to the Committee on the Post Office and the Post Roads.

Mr. Gwin presented the petition of Santiago E. Arguello, a captain in the California battalion, praying compensation for losses sustained during the late war with Mexico; which was referred to the Committee on Military Affairs.

On motion by Mr. Felch,

Ordered , That the petition of Joseph W. Edwards, on the files of the Senate, be referred to the Committee on Pensions.

On motion by Mr. Pratt,

Ordered , That the memorial of citizens of Baltimore, on the files of the Senate, relating to the establishment of a line of mail steamers between the ports of Baltimore and Norfolk and England, be referred to the Committee on the Post Office and Post Roads.

On motion by Mr. Pratt,

Ordered , That the memorial of William Blackistone and others, citizens of Maryland, in relation to the establishment of a line of mail steamers 0087 87 between the ports of Baltimore and Norfolk and England, be referred to the Committee on the Post Office and Post Roads.

On motion by Mr. Dawson.

Ordered , That the petition of Willard Boynton, on the files of the Senate, be referred to Committee on Indian Affairs.

On motion by Mr. Bell,

Ordered , That the memorial of the representative of William Russwurm on the files of the Senate, be referred to the Committee on Revolutionary Claims.

On motion by Mr. Dodge, of Iowa,

Ordered , That the petition of William Roberts, and the documents relating to the claim of Rhoda Frisbee, on the files of the Senate, be referred to the Committee on Pensions.

Mr. Jones, of Iowa, submitted the following resolution; which was considered by unanimous consent, and agreed to:

Resolved , That the Committee on Military Affairs be instructed to inquire into the expediency of constructing a military road from Dubuque, in the State of Iowa, to Fort Dodge, in said State.

Mr. Jones, of Iowa, submitted the following resolution; which was considered by unanimous consent, and agreed to:

Resolved , That the Secretary of War be directed to communicate to the Senate such information as may be on file in the War Department relative to the construction of a military road from Fort Dodge to Dubuque, in Iowa; and that he inform the Senate what the cost has been for the transportation of the munitions of war, provisions, &c., used at said fort, from the usual place of deposit upon the Mississippi river.

Resolved , That the Secretary of War be also directed to communicate to the Senate a plan and estimate for the construction of a military road from Dubuque to Fort Dodge, and the amount necessary to pay for a survey and estimate for such road.

Mr. Cass submitted the following resolutions for consideration:

Resolved , That a committee be appointed, jointly with such committee as may be appointed on the part of the House of Representatives, to inquire into and report the cause of the recent fire in the Capitol, and also what measures it is proper to take to prevent the occurrence of a similar accident; and the said committee be also instructed to examine the proposed mode of construction of the addition to the Capitol, and ascertain whether it is intended to render the same fire-proof; and if not, what should be done to secure it, as far as possible, from the danger of fire.

Resolved , That the Committee on the Library be instructed to examine and report what measures should be taken immediately to procure such books as may be most indispensable, and what plan it is best to adopt to procure a library, which in its extent, and in the character of the works, shall be sufficiently useful and honorable to the country.

On motion by Mr. Shields,

Ordered , That the President pro tempore appoint a member of the committee to wait upon Louis Kossuth, on his arrival at the capital, in the place of Mr. Foote, of Mississippi, resigned; and,

Mr. Cass was appointed.

On motion by Mr. Atchison,

Ordered , That when the Senate adjourn, it be to Friday next.

0088 88

Mr. Atchison, from the Committee on Indian Affairs, to whom was referred the memorial of the heirs of Joseph Watson, reported a bill (S. 85) for the relief of the representatives of Joseph Watson, deceased; which was read, and passed to the second reading.

A message from the House of Representatives, by Mr. Forney, their Clerk:

Mr. President: The House of Representatives have passed a joint resolution (H. R. 8) authorizing an inquiry into the origin of the late fire, by which the Congressional Library was destroyed; also a bill (H. R. 40) making appropriation to meet the expenses incurred in consequence of the late fire at the Capitol; in which resolution and bill they request the concurrence of the Senate.

A message from the President of the United States, by Mr. M. P. Fillmore, his Secretary:

Mr. President: The President of the United States approved and signed a joint resolution (S. 4) of welcome to Louis Kossuth.

Mr. Jones, of Iowa, reported from the committee that they had presented to the President of the United States the joint resolution (H. R. 7) providing for the printing of additional copies of the journals and public documents.

The joint resolution (H. R. 8) authorising an inquiry into the origin of the late fire by which the Congressional Library was destroyed, was read the first and second times, by unanimous consent.

Ordered , That it be referred to the Committee on the Library.

The bill (H. R. 40) making appropriation to meet the expenses incurred in consequence of the late fire at the Capitol, was read the first and second times, by unanimous consent, and considered as in Committee of the Whole.

An amendment being proposed by Mr. Cass,

On motion,

Ordered , That the bill, with the proposed amendment, be referred to the Committee on Finance.

Mr. Shields, from the Select Committee, appointed the 16th instant, to wait on Louis Kossuth, on his arrival at the capital, and introduce him to the Senate of the United States, reported: That the committee recommend that the same proceedings be pursued as in the case of General Lafayette, to wit: that the chairman of the committee introduce him in these words: “we present Louis Kossuth to the Senate of the United States;” upon which the senators are recommend to rise, and the President will invite him to be seated.

The report was read; and,

On motion,

Resolved , That the Senate agree thereto.

The Senate proceeded to consider the resolution submitted by Mr. Dodge, of Iowa, the 22d instant, in relation to the printing of the report of D. D. Owen, on the geology of Iowa, Wisconsin, and Minnesota Territory; and

On motion by Mr. Underwood,

Ordered , That it be referred to the Committee on Printing.

The Senate proceeded to consider the resolution submitted by Mr. Bell, the 23d instant, in relation to the employment of a messenger; and,

On motion by Mr. Bell,

Ordered , That it lie on the table.

0089 89

Mr. Whitecomb, from the Committee on Public Buildings, to whom was referred the resolution (H. R. 8) authorising an inquiry into the origin of the late fire, by which the Congressional Library was destroyed, reported it without amendment.

The Senate proceeded to consider the said resolution as in Committee of the Whole; and,

On motion by Mr. Badger,

Ordered , That it lie on the table.

The Senate resumed, as in Committee of the Whole, the consideration of the joint resolution (S. R. 6) in relation to printing the returns of the seventh census; and,

On motion by Mr. Bright,

Ordered , That the further consideration thereof be postponed to Tuesday, the 6th of January next, and be the special order of the day, at half-past 12 o'clock.

On motion,

The Senate adjourned.

FRIDAY, January 2, 1852. Link to Annals.

The following message was received from the President of the United States by Mr. M. P. Fillmore, his Secretary:

To the Senate of the United States:

I transmit herewith a copy of a letter of the 26th instant, addressed to the Secretary of State by the contractors for paying the next instalment due to Mexico pursuant to the treaty of Guadalupe Hidalgo, representing the necessity of an immediate appropriation by Congress of the money necessary for that purpose.

MILLARD FILLMORE.

The message was read.

Ordered , That it be referred to the Committee on Finance.

Mr. Downs presented the petition of Richard King, praying to be allowed to enter certain land within the “Maison Rouge grant” upon the terms allowed by the act of the last session of Congress, for the relief of purchasers of land within that grant; which was referred to the Committee on Private Land Claims.

Mr. Downs presented the memorial of James W. Zacharie, assignee of Asmus C. Breedall, praying the establishment of a tribunal for reviewing the decisions of the late Board of Commissioners for investigating claims against Mexico.

Ordered , That it lie on the table.

Mr. Downs presented the memorial of Edward J. Forstall, and the memorial of Nathan C. Folger, assignee of Charles Guenet, representing that there is a variance between the awards made on their claims by the Boards of Commissioners for the settlement of claims of American citizens against Mexico, and praying the payment of that portion of their claims disallowed by the said Boards.

Ordered , That they lie on table.

0090 90

Mr. Shields presented the petition of Samuel Noah, praying compensation for services during the last war with Great Britain; which was referred to the Committee of Claims.

Mr. Shields presented the petition of officers of the army stationed at Fort Laramie, praying an increase of compensation; which was referred at the Committee on Military Affairs.

Mr. Shields presented the petition of Maria Davis, praying a pension and bounty land, in consideration of the services of her son. Thomas Davis, in the late war with Mexico; which was referred to the Committee on Pensions.

Mr. Gwin presented two petitions of citizens of San Francisco, California, praying the establishment of a branch of the mint of the United States at that place.

Ordered , That they the on the table.

Mr. Davis presented the petition of William Blodgett, a revolutionary pensioner, praying an increase of pension; which was referred to the Committee on Pensions.

Mr. Borland presented the petition of the late an I present land officers at Washington, Arkansas, praying compensation for services in making entries of land under bounty land warrants.

Ordered , That it lie on the table.

Mr. Felch presented the petition of Elvira Smith, widow of officer in the army of the United States, praying a continuance of her pension; which was referred to the, Committee on Pensions.

Mr. Felch presented the petition of the administrated of John Anderson, praying remuneration for property destroyed by the enemy, during the last war with Great Britain; which, with the documents on the file of the Senate, relating to the claim, was referred to the Committee of Claims.

Mr. Felch presented the petition of Hiram McCarty, praying indemnity for the confiscation of the property of his late father, by the British, authorities in Upper Canada, in consequence of his adhering to the American cause in the last war with Great Britain; which was referred to the Committee of Claims.

Mr. Dodge, of Wisconsin, presented a petition of citizens of Wisconsin, praying that so much of the land contained in the Fort Howard military reservation as is not required for military purposes, may be surveyed and brought into market: which was referred to the Committee on Public Lands.

Mr. Dodge, of Wisconsin, presented the petition of James Edi, praying the establishment of an Agricultural Bureau; which was referred to the Committee on Agriculture.

Mr. Underwood presented the petition of William T. Finch, praying that Congress will make him a gratuitous donation in land or money; which was referred to the Committee on Public Lands.

Mr. Walker presented a petition of citizens of Wisconsin, praying a grant of public land to that State, to aid in the construction of a railroad from Milwaukie to the Mississippi river; which was referred to the Committee on Public Lands.

Mr. Walker presented a memorial of the Industrial Congress of the city of New York, praying the recall of the United States minister to France, and the suspension of all diplomatic intercourse with that government.

0091 91

On motion by Mr. Mason,

That the memorial lie on the table.

It was determined in the affirmative,

Yeas 21

Nays 14

On motion by Mr. Walker,

The yeas and nays being desired by one-fifth of the senators present,

Those who voted in the affirmative are,

Messrs. Atchison, Bell, Berrien, Butler, Clarke, Clemens, Cooper, Dawson, Downs, Geyer, Gwin, Jones, of Tennessee, King, Mallory, Mangum, Mason, Morton, Rusk, Sebastian, Smith, Underwood.

Those who voted in the negative are,

Messrs. Borland, Bradbury, Dodge, of Wisconsin, Dodge, of iowa, Douglas, Felch, Hamlin, Jones, of Iowa, Norris, Shields, Sumner, Wade, Walker, Whitcomb.

So it was

Ordered , That the memorial lie on the table.

Mr. Sebastian presented the petition of Edward Holt, praying permission to enter a quarter-section of hind lying in a military reservation, on which he has made improvements; which was referred to the Committee on Private Land Claims.

On motion by Mr. Hamlin,

Ordered , That the petition of Charles Cooper & Co., on the files of the Senate, be referred to the Committee of Claims.

On motion by Mr. Shields,

Ordered , That the memorial of the clerk in the Adjutant-General office, on the files of the Senate, be referred to the Committee on Military Affairs.

Mr. Felch presented the petition of William Woodbridge and Henry Chipman, late, late judges of the United States in the Michigan Territory, praying compensation for services rendered by them which did not properly belong to their office; which was referred to the Committee on the Judiciary.

On motion by Mr. Mangum,

Ordered , That when the Senate adjourn, it be to Monday next.

Mr. Dawson asked, and, by unanimous consent, obtained leave to bring in a bill (S. 86) to provide for the payment to the State of Georgia, for moneys expended by the State for horses and equipments lost by volunteers and militia, whilst engaged in the suppression of the hostilities of the Creeks, Seminoles, and Cherokee Indians. in the years 1836, 1837, and 1838; which was read the first and second times, by unanimous consent, and referred to the Committee on Military Affairs.

Mr. Downs asked, and, by unanimous consent, obtained leave to bring in a bill (S. 87) to grant the right of pre-emption to settlers on the public land known as the Maison Rouge grant; which was read the first and second times, by unanimous consent, and referred to the Committee on Private Land Claims.

Mr. Butler, from the Committee on the Judiciary, to whom was referred the bill (S. 17) to change the times for holding the district courts of the United States, in the western district of Virginia, and for other purposes, reported it without amendment.

Mr. Butler, from the Committee on the Judiciary, to whom was referred 0092 92 the bill (S. 27) to authorize notaries public to take and certify oaths, affirmations, and acknowledgments, in certain cases, reported it without amendment.

Mr. Bradbury, from the Committee on the Judiciary, to whom was referred the bill (S. 51) giving further remedies to patentees, reported it without amendment.

Mr. Shields, from the Committee on Military Affairs, to whom was referred the bill (S. 8) to create a Board of Commissioners for the examination and payment of claims against the United States, growing out of the conquest of California, reported it without amendment.

Mr. Jones, of Iowa, from the Committee on Pensions, to whom was referred the bill (S. 18) for the relief of Mrs. A. M. Dade, widow of the late Major F. L. Dade, United States army, reported it without amendment.

Mr. Dodge, of Iowa, from the Committee on Public Lands, to whom was referred the bill (S. 42) for the relief of Richard Chaney and others, reported it without amendment.

Mr. Rusk, from the Committee on the Post Office and Post Roads, to whom was referred the memorial of Rufus Dwinel, submitted a report, accompanied by a bill (S. 88) for his relief.

The bill was read, and passed to the second reading.

Ordered , That the report be printed.

Mr. Underwood, from the Committee on Public Lands, to whom was referred, the bill (S. 53) to provide for the unpaid claims of the officers and soldiers of the Virginia State and Continental lines of the revolutionary army, reported it without amendment.

Mr. Underwood also submitted a report on the subject; which was ordered to be printed.

Mr. Dawson, by unanimous consent tasked and obtained leave to bring in a bill (S. 89) to amend an act entitled “An act proposing to the State of Texas the establishment of her northern and southern boundaries, the relinquishment by said State of all territory claimed by her exterior to said boundaries, and of all her claims upon the United States, and to establish a territorial government for New Mexico.” approved September 9, 1850; which was read the firs; and second times by unanimous consent

On motion by Mr. Dawson,

Ordered , That it be referred to the Committee on the Judiciary.

On motion by Mr. Butler to reconsider the vote referring the bill to the Committee on the Judiciary,

On motion by Mr. Atchison,

The Senate adjourned.

MONDAY, January 5, 1852. Link to Annals.

Mr. McRae presented a petition of the late and present land officers at Jackson, Mississippi, praying compensation for locating military bounty land warrants, and Choctaw land scrip.

Ordered , That it lie on the table.

Mr. Mason presented the petition of H. M. Bell and David Points, assistant mashals for taking the seventh census of Augusta county, Virginia, 0093 93 praying additional compensation; which was referred to the Committee of Claims.

Mr. Brodhead presented a memorial of citizens of Philadelphia, Pennsylvania, praying the erection of piers and harbors in the Delaware river and bay; which was referred to the Committee on Commerce.

Mr. Brodhead presented a petition of citizens of Philadelphia, Pennsylvania, praying the enactment of a law to prohibit the introduction into the ports of the United States of foreign convicts, felons, and paupers; which was referred to the Committee on the Judiciary.

Mr. Mallory presented a presented a petition of the underwriters of the city of Boston, Massachusetts, praying the reconstruction of the light house on Sand key, on the coast of Florida; which was referred to the Committee on Commerce.

Mr. Dodge, of Iowa, presented the petition of Benjamin Arnold, praying compensation for damages done to his property by the enemy during the last war with Great Britain; which was referred to the Committee of Claims.

Mr. Cooper presented a memorial of citizens of Huntingdon county, Pennsylvania, praying that the transportation of the mails on the Sabbath may be prohibited by law; which was referred to the Committee on the Post Office and Post Roads.

Mr. Cooper presented three memorials of citizens of Philadelphia, Pennsylvania, praying the erection of piers and harbors in the Delaware river and bay; which were referred to the Committee on Commerce.

Mr. Underwood presented a memorial of citizens of the United States, praying that the office of chaplain in the public service may be abolished; which was referred to the Committee on Naval Affairs.

Mr. Felch presented six petitions of citizens of Michigan, praying a grant of public land to the Zilwaukie, Grand Traverse, and Mackinaw Plank Road Company, to aid in the construction of their road; which was referred to the Committee on Public Lands.

Mr. Felch presented a memorial of the Board of Education of the State of Michigan, praying a grant of land to that State for the use of the State Normal School, equivalent in value to the land originally granted for that purpose, of which the State has been deprived; which was referred to the Committee on Public Lands.

Mr. Norris presented the petition of John Clark, praying that a contract may be entered into with him for rebuilding the light house on Minors Ledge, near Boston harbor; which was referred to the Committee on Commerce.

On motion by Mr. Mangum, and by unanimous consent, it was

Resolved , That the 48th Rule of the Senate be suspended so far as to authorise the admission of ladies on the floor of the Senate during this day.

Mr. Dodge, of Wisconsin, presented a petition of citizens of Middleton, Wisconsin, praying a change in the laws providing for the sale of the public lands; which was referred to the Committee on Public Lands.

Mr. Atchison presented the petition of Johnson Lykins, praying compensation for services as physician for the Osage river band of Pottawottomie Indians; which was referred to the Committee on Indian Affairs.

Mr. Jones, of Iowa, presented a memorial of the people of Iowa, assembled in convention at Iowa City, praying a grant of public land to aid in 0094 94 the construction of the Dubuque and Keokuk, and the Davenport and Council Bluffs railroads.

Ordered , That it lie on the table.

Mr. Butler presented a memorial of the Charleston Chamber of Commerce, praying that a light boat and fog bell may be placed on the shoals east of Cape Roman, on the coast of South Carolina which was referred to the Committee on Commerce.

On motion by Mr. Hamlin,

Ordered , That the three petitions of inhabitants of Sedgwick, Maine, on the files of the Senate, in relation no a port of entry at that place, be referred to the Committee on Commerce.

On motion by Mr. Norris,

Ordered , That the memorial of A. A. Frazier and Alvin Baker, on the files of the Senate, be referred to the Committee of Claims.

On motion by Mr. Bell,

Ordered , That the petition of Joseph Byrd, on the files of the Senate, be referred to the Committee on Military Affairs.

A message from the House of Representatives, by Mr. Forney, their Clerk:

Mr. President: The House of Representatives, in compliance with the provisions of the act to establish the Smithsonian Institution for the increase and diffusion of knowledge among men, have appointed Mr. Colcock, Mr. Fitch, and Mr. Meacham, regents, on their part.

Mr. Brodhead, from the Committee of Claims, to whom was referred the petition of A. S. Williamson, submitted an adverse report, which was ordered to be printed.

Mr. Dodge, of Iowa, from the Committee on Public Lands, to whom wins referred the bill (S. 63) to grant to the city of Burlington, in Iowa, the land heretofore reserved between that city and the Mississippi river, reported it with an amendment.

Agreeably to notice, Mr. Felch asked and obtained leave to bring in a bill (S. 90) granting to the State of Michigan the right of way, and a donation of public land for the purpose of constructing a canal or railway across the peninsula of Michigan which was read the first and second times, by unanimous consent, and referred no the Committee on Public Lands.

Agreeably to notice, Mr. Felch asked and obtained leave to bring in a bill (S. 91) to establish an additional land office in Michigan; which was read the first and second times, by unanimous consent, and referred to the Committee on Public Lands.

Agreeably to notice, Mr. Sebastian asked and obtained leave to bring in bill (S. 92) for the redemption of certain Choctaw annuities; which was read the first and second times, by unanimous consent, and referred to the Committee on Indian Affairs.

Mr. Brodhead, from the Committee of Claims, to whom was referred the petition of Allen G. Johnson, submitted a report, accompanied by bill (S. 93) for his relief.

The bill was read, and passed to a second reading.

Ordered , That the report be printed.

The following bills were read the second time, and considered as in Committee of the Whole:

0095 95

S. 50. Bill for the relief of Sidney A. Alcott.

S. 56. Bill for the relief of the heirs of Judith Worthen, deceased.

S. 58. Bill authorizing Victor Morass to relinquish certain lands, and to enter the same quantity elsewhere; and, no amendment being made the made thereto, they were reported to the Senate.

Ordered , That they be engrossed, and read a third time.

The Senate proceeded to consider, as in Committee of the Whole, the following bills:

S. 43. Bill For the relief of Charles Melrose.

S. 46. Bill granting a pension to Sally T. Floyd, widow of George R. C. Floyd, late a lieutenant—colonel in the army of the United States; and, no amendment being made thereto, they were reported to the Senate.

Ordered , That they be engrossed, and read a third time.

The Senate proceeded to consider, as in Committee of the Whole, the bill (S. 47) to revive a portion of an act for the relief of the widows of deceased soldiers; and,

On motion by Mr. Dawson,

Ordered , That it lie on the table.

The Senate proceeded to consider the motion submitted by Mr. Buffer, the 2d instant, to reconsider the vote referring to the Committee on the Judiciary the bill (S. 89) to amend the act entitled “An act proposing to the State of Texas the establishment of her northern and western boundaries; the relinquishment by said State of all territory claimed by her exterior to said boundaries, and of all her claims upon the United States, and to establish a territorial government for New Mexico,” approved September 9, 1850: and,

The motion was agreed to.

On motion,

Ordered , That the bill be referred to the Committee on Territories,

The Senate resumed, as in Committee of the Whole, the consideration of the bill (S. 60) for the relief of William Darby; and,

On motion by Mr. Downs,

Ordered , That it the on the table.

At 1 o'clock, Louis Kossuth was conducted into the chamber of the Senate by the committee appointed for the purpose; and,

Mr. Shields, as chairman of the committee, introduced him to the Senate.

The Senate having risen, the President pro tempore addressed him as follows:

Louis Kossuth: I welcome you to the Senate of the United States. The committee will conduct you to the seat which I have caused to be prepared for you.

The Senators having resumed their seats,

On motion by Mr. Mangum,

That the Senate adjourn, in order that the members may present their respects to Louis Kossuth individually,

It was determined in the affirmative; and,

The Senate adjourned.

TUESDAY, January 6, 1852. Link to Annals.

The President pro tempore laid before the Senate, a letter from the Secretary of the Navy, accompanied by a memorial addressed to the President of the United by the petty officers, seamen and marines attached to the United States squadron in the Pacific, asking an increase of pay; which was read.

Ordered , That it be referred to the Committee on Naval Affairs.

The President pro tempore laid before the Senate a report of the Secretary of the Treasury on the state of the finances.

On motion by Mr. Hunter,

Ordered , That it be referred to the Committee on Finance, and printed; and that ten thousand copies thereof, in addition to the usual number, be printed for the use of the Senate.

Mr. Seward presented a petition of merchants, underwriters, and others of New York, praying a survey of such parts of the China seas, the Straits of Gaspar, and the Java sea, as lie directly in the tracks of vessels proceeding cling to and from China; which was referred to the Committee on Commerce.

Mr. Seward submitted a statement showing the amount of gold bullion received at the port of New York, from California, from January 6 to December 1, 1851; which was referred to the Committee on Finance.

Ordered , That it be printed.

Mr. Seward presented a petition of citizens of Rochester. New York, praying that the bill now before the Senate, giving further remedies to patentees, may become a law; which was referred to the Committee Patents and the Patent Office.

Mr. Seward presented the petition of the assistant for taking king the seventh census in Ulster county, New York, praying additional compensation; which was referred to the Committee of Claim.

Mr. Wade presented the petition of Zebulon Parker, praying the renewal of his patents for certain improvements in hydraulic power; which was referred to the Committee on Patents and the Patent Office.

Mr. Atchison submitted additional documents in relation to the claim of Henry C. Miller, Philip W. Thompson, and Jesse B. Turley to indemnity for cattle stolen by the Osage hand of Indians; which were to referred to the Committee on Indian Affairs, with the papers on file relating thereto.

Mr. Sumner presented two petitions of citizens of Massachusetts, a petition of citizens of New Jersey, and a petition of citizens of New Hampshire praying that the bill now before Congress, giving further remedies to patentees, may become a law.

Ordered , That they lie on the table.

Mr. Brodhead presented a memorial of citizens of Philadelphia, Pennsylvania, praying indemnity for French spoliations prior to 1801; which was referred to the Select Committee appointed on the subject.

Mr. Whitcomb presented the memorial of David A. Cameron, representative and heir of James Bell, deceased, and assignee of the other heirs of said Bell, praying payment of advances made to the American army during 0097 97 the revolutionary war; which was referred to the Committee on Revolutionary Claims.

On motion by Mr. Whitcomb,

Ordered , That the memorial of the heirs of James Bell, deceased, on the files of the Senate, be referred to the Committee on Revolutionary Claims.

Mr. Brodhead presented a memorial of citizens of Pennsylvania, New Jersey, and Delaware, praying the construction of piers and harbors in the Delaware river and bay; which was referred to the Committee on Commerce.

On motion by Mr. Bradbury,

Ordered , That the memorials and petitions on the files of the Senate, on the subject of indemnity for French spoliations prior to 1801, be referred to the Select Committee appointed on the subject.

Mr. Borland presented the petition of John McVey, a soldier in the last war with Great Britain, praying a pension; which was referred to the Committee on Pensions.

Mr. Borland presented the petition of L. M. S. Holleville, praying a modification of the laws relating to the disposition of the public domain; which was referred to the Committee on Public Lands.

Mr. Downs presented a petition of citizens of Washington, in the District of Columbia, praying that Pennsylvania avenue, east of the Capitol, may be improved and lighted; which was referred to the Committee on the District of Columbia.

Mr. Fish presented the memorial of the Chamber of Commerce of New York, praying the completion of the light-house on Sand Key, on the coast of Florida; which was referred to the Committee on Commerce.

Mr. Fish presented the memorial of Thomas B. Cottrell and the memorial of Frederick Bange and Albert Southmayd, praying the establishment of a tribunal for reviewing the decisions of the late Board of Commissioners under the treaty with Mexico; which were referred to the Committee on Foreign Relations.

Mr. Fish presented a petition of the assistant marshals for taking the seventh census in Dutchess county, New York—a petition of the assistant marshals for taking the seventh census in Greene county, New York, and a petition of the assistant marshals for taking the seventh census in St. Lawrence county, New York, praying additional compensation for their services; which were referred to the Committee of Claims.

Mr. Pearce presented a petition of Sally J. Mathews, praying compensation for the services of her late husband, as clerk in the Treasury Department; which was referred to the Committee of Claims.

Mr. Fish presented a petition of citizens of Albany, and a petition of citizens of Brooklyn, New York, praying an appropriation for paying the expenses of the American contributors to the World's Fair, at London; which were referred to the Committee of Claims.

Mr. Gwin presented the memorial of Charles D. Arfwedson, praying compensation for services as Chargé d' Affaires ad interim , at the court of Stockholm; which was referred to the Committee on Foreign Relations.

On motion by Mr. Atchison,

Ordered , That the memorial of D. D. Mitchell, on the files of the Senate, be referred to the Committee on Military Affairs. 7

0098 98

On motion by Mr. Rusk,

Ordered , That the memorial of J. Smith, on the files of the Senate, be referred to the Committee on Military Affairs.

On motion by Mr. McRae,

Ordered , That the petition of George Poindexter, on the files of the Senate, be referred to the Committee on Military Affairs.

On motion by Mr. Bradbury,

Ordered , That the memorial of J. K. F. Mansfield, on the flies of the Senate, be referred to the Committee on Military Affairs.

On motion by Mr. Pearce,

Ordered , That the memorial of the Association of the Defenders of Baltimore in 1814, and the memorial of Edward Thompson and others, calling themselves “Old Defenders” of Baltimore in the war of 1812, on the flies of the Senate, be referred to the Committee on Public Lands.

On motion by Mr. Dodge, of Iowa,

Ordered , That the memorial of Edwin James, sen, on the files of the Senate, be referred to the Committee on Public Lands.

Mr. Hunter submitted the following resolution, which was considered, by unanimous consent, and agreed to:

Resolved , That, the Committee on Public Buildings be instructed to inquire into the expediency of appropriating a sum nor exceeding — dollars to fit up the document room near the Library, and a part of the adjoining passage, for the temporary reception of the books of the Congressional Library.

Mr. Clemens submitted the following resolution for consideration:

Resolved , That the Committee on Military Affairs be instructed to inquire into the expediency of adopting a separate code of regulations for the government of the marine corps of the United States.

Resolved further , That said committee be also instructed to inquire into the expediency of authorizing the President of the United States to appoint annually two cadets to the Military Academy at West Point, to be educated with a view to appointment in the marine corps.

Mr. Seward submitted the following resolution for consideration:

Resolved , That the Committee on Pensions be instructed to inquire into the justice and propriety of awarding a pension to the widow of the late Brevet Brigadier-General Belknap, who served during the late Mexican war with distinguished fidelity and ability, and recently died while actively engaged in the public service.

The following message was received from the President of the United States, by Mr. M. P. Fillmore, his Secretary:

To the Senate of the United States:

I transmit to the Senate a report of the Secretary of State relative to the persons belonging to the expedition of Lopez, who were taken prisoners in Cuba and afterwards sent to Spain, and who have now been pardoned and released by her Catholic Majesty. The appropriation, the expediency of which is suggested in the report, I cordially recommend to the consideration of Congress, with the single additional suggestion, that to be available, it should be promptly made.

MILLARD FILLMORE.

Washington , January 5, 1852.

0099 99

The message was read.

Ordered , That it be referred to the Committee on Finance.

Mr. Hunter, from the Committee on Finance, to whom was referred the bill (H. R. 40) making appropriation to meet the expenses incurred in consequence of the late fire at the Capitol, reported it with an amendment.

The Senate proceeded to consider the said bill as in Committee of the Whole, and the reported amendment having been agreed to, and the blank filled, the bill was reported to the Senate, and the amendment concurred in.

Ordered , That the amendment be engrossed, and the bill read a third time.

On motion by Mr. Shields,

Ordered , That the Committee on Military Affairs be discharged from the further consideration of the memorial of F. Hultman; from the further consideration of the petition of Joseph Byrd; and from the further consideration of documents relating to the claim of Mariano G. Vallejo.

On motion by Mr. Shields,

Ordered , That the Committee on Military Affairs be discharged from the further consideration of the petition of James R. Browning, and that it be referred to the Committee of Claims.

On motion by Mr. Shields,

Ordered , That the Committee on Military Affairs be discharged from the further consideration of the petition of Santiago E. Arguello, and that it be referred to the Committee of Claims.

Mr. Gwin, from the Committee on Naval Affairs, to whom was referred the bill (S. 15) to establish a navy-yard and depot on the Bay of San Francisco, in California, reported it with amendments.

Mr. Gwin also made a report on the subject; which was ordered to be printed.

Mr. Clemens, from the Committee on Military Affairs, to whom was referred a bill (S, 22) to indemnify the State of South Carolina for money expended for the use of the United States in the war in Florida with the Seminole Indians, reported it with an amendment.

Mr. Dawson, from the Committee on Military Affairs, to whom was referred the bill (S. 86) to provide for the payment to the State of Georgia for moneys expended by the State for horses and equipments lost by volunteers and militia, whilst engaged in the suppression of the hostilities of the Creek, Seminole, and Cherokee Indians, in the years 1836, 1837, and 1838, reported it without amendment.

Agreeably to notice, Mr. Shields asked and obtained leave to bring in a bill (S. 94) to increase the efficiency of the army by a retired list for disabled officers; which was read the first and second times, by unanimous consent, and referred to the Committee on Military Affairs.

The Senate resumed, as in Committee of the Whole, the consideration of the resolution (S. R. 6) in relation to printing the returns of the seventh census; and,

After debate,

On motion by Mr. Smith,

Ordered , That the further consideration thereof be postponed until to-morrow, and be the order of the day.

The Senate resumed, as in Committee of the Whole, the consideration 0100 100 of the bill (S. 60) for the relief of William Darby, and no amendment being made, it was reported to the Senate.

On the question, Shall this bill be engrossed, and read a third time?

It was determined in the affirmative,

Yeas 29

Nays 11

On motion by Mr. Felch,

The yeas and nays being desired by one-fifth of the senators present,

Those who voted in the affirmative are,

Messrs. Atchison, Badger, Borland, Bright, Brodhead, Clemens, Dawson, Dodge, of Wisconsin, Dodge, of Iowa, Douglas, Downs, Fish, Geyer, Gwin, Hamlin, Houston, James, Jones, of Iowa, McRae, Miller, Morton, Pratt, Rusk, Sebastian, Seward, Shields, Smith, Spruance, Walker.

Those who voted in the negative are,

Messrs. Bayard, Berrien, Bradbury, Felch, Hunter, Jones, of Tennessee, King, Norris, Sumner, Wade, Whitcomb.

So it was

Ordered , That the bill be engrossed, and read a third time.

The following engrossed bills were severally read the third time:

S. 43. Bill for the relief of Charles Melrose.

S. 46. Bill granting a pension to Sally T. Floyd, widow of George R. C. Floyd, late a lieutenant-colonel in the army of the United States.

S. 50. Bill for the relief of Sidney S. Allcott.

S. 56. Bill for the relief of the heirs of Judith Worthen.

S. 58. Bill authorizing Victor Morass to relinquish certain lands, and to enter the same quantity elsewhere.

Resolved , That the said bills pass, and that their titles be as aforesaid.

Ordered , That the Secretary request the concurrence of the House of Representatives therein.

The bill (H. R. 40) making appropriation to meet the expenses incurred in consequence of the late fire at the Capitol, was read a third time, as amended.

Resolved , That this bill pass, with an amendment.

Ordered , That the Secretary request the concurrence of the House of Representatives in the amendment.

On motion by Mr. Davis,

The Senate adjourned.

WEDNESDAY, January 7, 1852. Link to Annals.

Mr. Wade presented the memorial of Daniel Slack, praying the payment of the difference between the awards made by the two Boards of Commissioners for the settlement of the claims of American citizens against Mexico; which was referred to the Committee on Foreign Relations.

Mr. Wade presented the memorial of Johnson H. Alford, administrator of Henry P. Bates, praying that the difference between the awards made by the two Boards of Commissioners for settling claims against Mexico, on the claim of said Bates, may be allowed and paid; which was referred to the Committee on Foreign Relations.

Mr. Clemens presented the petition of William Scott Haynes, praying 0101 101 that a public vessel may be despatched to receive and convey to the United States the prisoners of the Lopez expedition, recently set at liberty by the Queen of Spain; which was referred to the Committee on Foreign Relations.

Mr. Geyer presented the memorial of Mary S. Wetmore, widow of the late Major Alphonso Wetmore, of the United States army, praying a pension; which was referred to the Committee on Pensions.

Mr. Geyer presented the petition of Richard B. Lee, an officer in the army, praying to be allowed the amount of public funds stolen from him, and which he repaid to the United States; which was referred to the Committee of Claims.

Mr. Sumner presented the petition of citizens of Boston, Massachusetts, praying that the expenses incurred by American contributors at the World's Fair, in London, may be defrayed by Congress; which was referred to the Committee of Claims.

Mr. Brodhead presented the memorial of Benjamin Holbrook, and the memorial of Charlotte B. Holtz, administratrix of Peter Holtz, praying the appointment of a board to review the decisions of the late Board of Commissioners for settling claims against Mexico.

Ordered , That they lie on the table.

Mr. Rusk presented the petition of Charles Uhde and Company, praying the return or duties paid on certain cotton goods, shipped by them at New Orleans for Point Isabel, in Texas, and lost at sea; which was referred to the Committee on Finance.

Mr. Fish presented the memorial of the heirs of Charles Oakley, praying compensation for the services of said Oakley in the revolutionary war; which was referred to the Committee on Revolutionary Claims.

Mr. Fish presented a memorial of the heirs of Jacob Letting, praying indemnity for spoliations by the French prior to 1801; which was referred to the select committee appointed on the subject.

Mr. Fish presented a letter from the Mayor of the City of New York, communicating a resolution of the Board of Aldermen and Assistants, tendering to the United States a piece of land within that city for the erection of a mint; which was referred to the Committee on Finance, and ordered to be printed.

Mr. Downs presented a petition of citizens of Caldwell parish, Louisiana, residing on the “Maison Rouge grant,” praying an amendment of the late act of Congress for the relief of purchasers of land in that grant; which was referred to the Committee on Private Land Claims.

Mr. Downs presented the petition of Evariste Blanc, praying the confirmation of his title to a certain tract of land; which was referred to the Committee on Private Land Claims.

Mr. Gwin presented the memorial of L. M. Goldsborough, G. J. Van Brunt, and S. F. Blunt, officers of the navy, praying additional compensation for services on special duty to California and Oregon; which was referred to the Committee on Naval Affairs.

On motion by Mr. Geyer,

Ordered , That the memorial of the heirs of Herman Blannerhasset, on the files of the Senate, be referred to the Committee of Claims.

0102 102

On motion by Mr. Miller,

Ordered , That the petition of Eliza M. Evans, on the files of the Senate, be referred to the Committee on Revolutionary Claims.

On motion by Mr. Felch,

Ordered , That the petition of William Miller, on the files of the Senate, be referred to the Committee on Pensions.

On motion by Mr. Pratt,

Ordered , That the memorial of citizens of the District of Columbia, on the files of the Senate, relative to the purchase by the United States of a portion of the Columbia turnpike road, be referred to the Committee on the District of Columbia.

Mr. Sebastian presented a memorial of the First Christian and Orchard parties of Oneida Indians, asking interest on certain moneys improperly withheld from them after the same became due; which was referred to the Committee on Indian Affairs.

Mr. Davis submitted the following resolution; which was considered, by unanimous consent, and agreed to:

Resolved , That the Secretary of the Treasury be instructed to communicate to the Senate the following information, to wit:

1. The number and tonnage of American and foreign vessels which have arrived annually in the United States from foreign ports after 1814; designating the countries to which such vessels belonged, and that from which they last, before their arrival, cleared.

2. The number and tonnage of such vessels which have arrived during the same period annually in the ports of Portland, Boston, New York, Philadelphia, Baltimore, Mobile, and New Orleans, respectively.

3. The number and tonnage of such vessels which have arrived in the United States during the same period from foreign ports on the lakes, classifying in all cases such vessels in the usual manner.

On motion by Mr. Badger,

Ordered , That when the Senate adjourn, it be to Friday next.

Mr. Dawson, from the Committee on Patents and the Patent Office, to whom were referred documents relating to the application of John Shly, for the extension of a patent, reported a bill (S. 95) to extend a patent heretofore granted to John Shly, of the State of Georgia.

On motion by Mr. Jones, of Iowa,

Ordered , That the Committee on Pensions be discharged from the further consideration of the petition of Mira M. Alexander, and that it be referred to the Committee of Claims.

On motion by Mr. Jones, of Tennessee,

Ordered , That the Committee on Military Affairs be discharged from the further consideration of documents relating to the claim of the State of Rhode Island for advances to volunteers in the late war with Mexico.

On motion by Mr. Jones, of Tennessee,

Ordered , That the Committee on Military Affairs be discharged from the further consideration of the petition of Nathan Weston.

Mr. Davis, from the Committee on Commerce, to whom was referred the bill (S. 68) for the relief of Charles A. Kellett, reported it without amendment; and submitted a report, which was ordered to be printed.

0103 103

Mr. Berrien, agreeably to notice, asked and obtained leave to bring in a bill (S. 96) to provide for the removal of obstructions in the river Savannah, in the State of Georgia, and for improvement of the same; which was read the first and second times, by unanimous consent, and referred to the Committee on Commerce.

A message from the House of Representatives, by Mr. Forney, their Clerk:

Mr. President: The House of Representatives have passed a bill (H. R. 47) to admit a certain vessel to registry; also a bill (H. R. 48) in relation to a certain lot of land in the town of Gnadenhutten, in the State of Ohio; in which they request the concurrence of the Senate.

Mr. Butler, from the Committee on the Judiciary, to whom was referred a memorial of members of the bar of the District of Columbia, reported a bill (S. 97) to make the salary of the judge of the criminal court of the District of Columbia equal to that of an assistant judge of the circuit court of said District; which was read, and passed to the second reading.

Mr. Butler, from the Committee on the Judiciary, to whom was referred a bill (S. 78) amendatory of an act entitled “An act to provide for holding the courts of the United States in case of the sickness or other disability of the judges of the district courts,” approved July 29, 1850, reported it without amendment.

The bill (H. R. 47) to admit a certain vessel to registry, was read the first and second times, by unanimous consent, and referred to the Committee on Commerce.

The bill (H. R. 48) in relation to a certain lot of ground in the town of Gnadenhutten, in the State of Ohio, was read the first and second times, by unanimous consent, and referred to the Committee on Public Lands.

The engrossed bill (S. 60) for the relief of William Darby, was read the third time.

Resolved , That this bill pass.

Ordered , That the Secretary request the concurrence of the House of Representatives therein.

On motion by Mr. Bright,

To reconsider the vote on the passing of the bill (S. 46) granting a pension to Sally T. Floyd, widow of George R. C. Floyd, late a lieutenant-colonel in the army of the United States.

On motion by Mr. Bright,

Ordered , That this motion lie on the table.

The Senate resumed the consideration of the memorial presented the 17th December, in relation to the enforcement of discipline in the navy and commercial marine, of the United States; and,

After debate,

On motion by Mr. Mallory,

Ordered , That the further consideration thereof be postponed to Monday next.

On motion by Mr. Pearce,

The Senate adjourned.

FRIDAY, January 9, 1852. Link to Annals.

The Honorable Pierre Soulé from the State of Louisiana, attended.

The following message was received from the President of the United States, by Mr. M. P. Fillmore, his Secretary:

To the Senate of the United States:

I transmit to the Senate the copy of a resolution adopted by the legislative council of Canada, together with the copy of the note by which the resolution was communicated to this Government, expressing the satisfaction of that council at receiving intelligence of certain donations in aid of the reconstruction of the library of the Canadian parliament.

MILLARD FILLMORE.

Washington , January 6, 1852.

The message was read.

On motion by Mr. Pearce,

Ordered , That it lie on the table, and be printed.

The President pro tempore laid before the Senate a letter of William S. Allen, Secretary of the Territory of New Mexico, communicating, in obedience to the act establishing a territorial government for New Mexico, copies of the acts, resolutions, and memorials of the legislative assembly of that Territory, passed at a session began and held the second day of June, 1851.

On motion by Mr. Hunter,

Ordered , That it be referred to the Committee on Territories, and printed.

On motion by Mr. Hunter,

Ordered , That the execution of the resolution of the 22d December, assigning every Friday to the consideration of private bills, be suspended until one o'clock.

Mr. Walker presented a petition of citizens of Cincinnati, Ohio, praying that the public lands may be ceded to the States for the purpose of settlement; which was referred to the Committee on Public Lands.

Mr. Bayard presented a petition of citizens of Pennsylvania and Delaware, praying an appropriation for the repair of the piers at Port Penn in the Delaware river; which was referred to the Committee on Commerce.

Mr. Bayard presented a memorial of the Commissioners of the town of Newcastle, Delaware, praying an appropriation for the improvement of the harbor at that place; which was referred to the Committee on Commerce.

Mr. Clarke presented a memorial of E. Carrington and others, merchants and underwriters, praying a survey of such parts of the China seas, Straits of Gaspar, and Java sea, as lie directly in the route of vessels proceeding to and from China; which was referred to the Committee on Commerce.

Mr. Hamlin presented a petition of journeymen bookbinders of Washington, praying that the system of binding the public documents by con tract, may be abandoned.

Ordered , That it lie on the table.

Mr. Shields presented a petition of citizens of Washington, in the District 0105 105 of Columbia, praying the incorporation of the Eagle Steamboat Company; which was referred to the Committee on the District of Columbia.

On motion by Mr. Wade,

Ordered , That leave be given to withdraw the petition of Joseph Veazie.

On motion by Mr. Clarke,

Ordered , That the memorial of Edward Dexter, on the flies of the Senate, be referred to the Committee on Finance.

On motion by Mr. Mason,

Ordered , That the petition of William D. Porter, on the files of the Senate, be referred to the Committee on Foreign Relations.

On motion by Mr. Mason,

Ordered , That the memorial of the heirs of Caleb Swan, on the flies of the Senate, be referred to the Committee of Claims.

On motion by Mr. Mason,

Ordered , That the petition of the Pioneer Cotton Manufacturing Company of Georgetown, on the files of the Senate, be referred to the Committee on the District of Columbia.

On motion by Mr. Bradbury,

Ordered , That the documents on the files of the Senate. relating to the claim of the States of Maine and Massachusetts against the United States, under the treaty of August 9, 1842, between the United States and Great Britain, be referred to the Committee on the Judiciary.

On motion by Mr. Norris,

Ordered , That the memorial of Coombs Greenwell, on the flies of the Senate, be referred to the Committee of Claims.

Mr. Shields submitted the following resolution for consideration:

Resolved , That the Secretary of the Senate be directed to employ a draughtsman to mark and lay down on the maps, now in the room of the Committee on Public Lands, the state of the surveys, and also show what has been disposed of by sale or otherwise. The rate of compensation for the service shall be the same as that of a clerk, not exceeding $1,800 per annum.

The President pro tempore laid before the Senate a report of the Secretary of War, communicating, in obedience to law, statements of the contracts which have been made under the authority of that department during the year 1851; which was read.

Ordered , That it lie on the table, and be printed.

The President pro tempore laid before the Senate a report of the Secretary of War, made in obedience to law, accompanied by a statement showing the expenditures for contingencies of the military establishment during the year ending December 31, 1851; which was read.

Ordered , That it lie on the table, and be printed.

On motion by Mr. Pratt,

Ordered , That the Committee of Claims be discharged from the further consideration of the petition of Colonel John C. Hays, and that it be referred to the Committee on Military Affairs.

Mr. Bayard, from the Committee of Claims, to whom was referred the memorial of H. P. Dorsey, submitted an adverse report; which was ordered to be printed.

Mr. Pearce, agreeably to notice, asked and obtained leave to bring in bill (S. 98) for the relief of Sarah D. Mackay; which was read the first 0106 106 and second times, by unanimous consent, and referred to the Committee on Pensions.

Mr. Hunter, from the Committee on Public Buildings, to whom the subject was referred, reported a bill (S. 99) to provide a room for the Congressional Library; which was read the first and second times, by unanimous consent, and considered as in Committee of the Whole, and no amendment being made, it was reported to the Senate.

Ordered , That it be engrossed, and read a third time.

Mr. Bayard, from the Committee of Claims, to whom was referred the bill (S. 54) for the relief of Theodore Offut, reported it without amendment, and submitted a report on the subject; which was ordered to be printed.

Mr. Rusk, from the Committee on the Post Office and Post Roads, to whom was referred the joint resolution (H. R. 6) to authorize the Postmaster General to legalize certain contracts for the transportation of the mail in California and Oregon, reported it without amendment.

The Senate proceeded to consider the said resolution, and no amendment being made, it was reported to the Senate.

Ordered , That it pass to a third reading.

Mr. Clemens, agreeably to notice, asked and obtained leave to bring in a bill (S. 100) for the relief of Thomas Snodgrass; which was read the first and second times, by unanimous consent, and referred to the Committee on Indian Affairs.

Mr. Clarke asked, and, by unanimous consent, obtained leave to bring in a bill (S. 101) to remit or refund duties on goods, wares, and merchandise destroyed by fire; which was read the first and second times, by unanimous consent, and referred to the Committee on Finance.

Agreeably to notice, Mr. Borland asked and obtained leave to bring in a bill (S. 102) to amend the act approved March 9, 1831, entitled “An act to provide for the punishment of offences committed in cutting, destroying, or removing live oak and other timber or trees reserved for naval purposes; which was read the first and second times, by unanimous consent, and referred to the Committee on Public Lands.

Mr. Wade, from the Committee of Claims, to whom was referred the memorial of A. H. Cole, submitted a report, accompanied by a bill (S. 103) for his relief; which was read, and passed to the second reading.

Mr. Bayard, from the Committee of Claims, to whom was referred the petition of James Dunning, reported a bill (S. 104) for his relief; which was read, and passed to the second reading.

The Senate resumed the consideration of the resolutions submitted by Mr. Walker, the 17th December, concerning the relations of the United States with foreign nations; and,

On motion by Mr. Walker,

Ordered , That the further consideration thereof be postponed until to-morrow.

The following bills were read a second time, and considered as in Committee of the Whole:

S. 93. A bill for the relief of Allen G. Johnson;

S. 66. A bill for the relief of William P. Greene;

S. 67. Bill granting relief to John A. McGaw, of New York;

S. 83. Bill for the relief of Mrs. Margaret Hetzel, widow and administratrix 0107 107 of A. R. Hetzel, late assistant quartermaster in the army of the United States;

S. 84. Bill for the relief of Adjutant General Roger Jones;

S. 85. Bill for the relief of the representative of Joseph Watson, deceased;

and no amendment being made, they were severally reported to the Senate.

Ordered , That they be engrossed, and read a third time.

The Senate proceeded to consider, as in Committee of the Whole, the following bills:

S. 18. Bill for the relief of A. M. Dade, widow of the late Major F. S. Dade, United States army;

S. 42. Bill for the relief of Richard Chaney, and others;

S. 76. Bill for the relief of the personal representative of William A. Slacum, deceased;

And no amendment being made, they were reported to the Senate.

Ordered , That they be engrossed, and read a third time.

The bill (S. 82) for the relief of Elizabeth Arnold, was read the second time, and considered as in Committee of the Whole, and no amendment being made, it was reported to the Senate.

On the question, Shall this bill be engrossed, and read a third time,

It was determined in the negative,

Yeas 16

Nays 24

On motion by Mr. Pratt,

The yeas and nays being desired by one-fifth of the senators present,

Those who voted in the affirmative are,

Messrs. Berrien, Borland, Clarke, Cooper, Davis, Douglas, Fish, James, Jones of Iowa, Mangum, Miller, Morton, Seward, Smith, Upham, Wade.

Those who voted in the negative are,

Messrs. Bayard, Bradbury, Brodhead, Cass, Dawson, Dodge of Wisconsin, Dodge of Iowa, Downs, Felch, Geyer, Gwin, Hamlin, Hunter, Jones, of Tennessee, King, McRae. Mallory, Norris, Pratt, Spruance, Sumner, Underwood, Walker, Whitcomb.

So the bill was rejected.

The bill (S. 88) for the relief of Rufus Dwinel, was read the second time, and considered as in Committee of the Whole.

On motion by Mr. Hunter to amend the bill by striking out the words “with interest from the fourth of March, eighteen hundred and thirty-seven.”

It was determined in the affirmative,

Yeas 28

Nays 11

On motion by Mr. Hunter,

The yeas and nays being desired by one-fifth of the senators present,

Those who voted in the affirmative are,

Messrs. Badger, Bayard, Berrien, Borland, Butler, Clarke, Cooper, Davis, Dawson, Dodge, of Iowa, Felch, Fish, Geyer, Hunter, James, Jones, of Iowa, King, Mason, Miller, Pearce, Pratt, Seward, Smith, Spruance, Sumner, Underwood, Wade, Whitcomb.

Those who voted in the negative are,

Messrs. Bradbury, Brodhead, Dodge, of Wisconsin, Downs, Gwin, Hamlin, Houston, McRae, Mallory, Morton, Rusk.

0108 108

No further amendment being made, the bill was reported to the Senate, and the amendment was concurred in.

Ordered , That the bill be engrossed, and read a third time.

The bill (S. 95) to extend a patent heretofore granted to John Shly, of the State of Georgia, was read the second time, and considered as in Committee of the Whole, and having been amended it Was reported to the Senate, and the amendment was concurred in.

Ordered , That the bill be engrossed, and read a third time.

The engrossed bill (S. 99) to provide a room for the Congressional Library, was read the third time.

Resolved , That this bill pass, and that the title thereof be as aforesaid.

Ordered , That the Secretary request the concurrence of the House of Representatives therein.

On motion by Mr. Badger,

The Senate adjourned.

SATURDAY, January 10, 1852 Link to Annals.

Mr. Hale presented a petition of citizens of Alton, New Hampshire, praying the adoption of measures for the amicable adjustment of international controversies; which was referred to the Committee on Foreign Relations.

Mr. Butler presented a memorial of the Chamber of Commerce, of Charleston, a memorial of the Charleston Marine Society, and a memorial of the Board of Port Wardens of the port of Charleston, in the State of South Carolina, praying that from the fund which has accumulated in the Treasury from hospital and prize money and unclaimed balances due to deceased seamen, provision may be made in foreign ports for the comfort and accommodation of sick seamen; which were referred to the Committee on Commerce.

Mr. Fish presented a petition of the petty officers, seamen, and marines on board the United States ship North Carolina, praying the repeal of the act of last session of Congress, requiring them to receive their ration in kind; which was referred to the Committee on Naval Affairs.

Mr. Jones, of Iowa, presented the memorial of a convention of citizens of Iowa, held at Oskaloosa, praying a grant of land to that State for the construction of a railroad from Davenport to Council Bluffs; which was referred to the Committee on Public Lands.

Mr. Borland presented the memorial of the Arkansas Central Railroad Company, praying a donation of land for the construction of a railroad from the Mississippi, opposite Memphis, to the boundary of Texas; which was referred to the Committee on Public Lands.

Mr. Gwin presented the petition of James W. Low, praying compensation for the capture of the British private armed schooner “Ann,” during the last war with Great Britain; which was referred to the Committee ca Naval Affairs.

Mr. Cass presented the memorial of the heirs of Sylvester Day, late an assistant surgeon in the army, praying the reimbursement of the money paid by the deceased for a substitute during the time he was prevented by 0109 109 sickness from discharging his duties as surgeon at the United States arsenal, at Allegheny, Pennsylvania; which was referred to the Committee of Claims.

Mr. Cass presented a memorial of a Committee of Inventors and Patentees, praying certain amendments to the patent laws; which was referred to the Committee on Patents and the Patent Office.

Mr. Spruance presented a petition of citizens of Pennsylvania, praying an appropriation for the construction of piers and harbors in the Delaware river and bay; which was referred to the Committee on Commerce.

On motion by Mr. Mason,

Ordered , That the petition of Nathaniel Kuykendall, on the files of the Senate, be referred to the Committee on the Post Office and Post Roads.

On motion by Mr. Smith,

Ordered , That the petition of Frances P. Gardner, on the files of the Senate, be referred to the Committee on Pensions.

On motion by Mr. Morton,

Ordered , That the memorial of John Tucker, on the files of the Senate, be referred to the Committee of Claims.

On motion by Mr. Morton,

Ordered , That the petition of Gad Humphreys, on the files of the Senate, be referred to the Committee of Claims.

On motion by Mr. Morton,

Ordered , That the petition of the heirs of John Underwood, on the files of the Senate, be referred to the Committee on Private Land Claims.

Mr. Felch submitted the following resolution; which was considered by unanimous consent, and agreed to:

Resolved , That the Committee on Public Lands be instructed to inquire into the expediency of providing by law for granting a right of way through the public lands to all railroad companies authorised by the laws of the respective States to construct said roads, where the same pass through such lands.

On motion by Mr. Hale,

Ordered , That the report of the Secretary of the Navy, communicating the proceedings of the court of inquiry in the case of William K. Latimer, a captain in the navy, be referred to the Committee on Naval Affairs.

Mr. Davis, from the Committee on Commerce, to whom was referred the bill (S. 69) for the relief of Enoch Baldwin and others, reported it without amendment.

Mr. Davis also submitted a report on the subject, which was ordered to be printed.

Agreeably to notice, Mr. Brodhead asked and obtained leave to bring in a bill (S. 105) for the payment of outstanding loan office and final settlement certificates, issued for moneys loaned, or for services, or for supplies, during the revolutionary war; which was read the first and second times, by unanimous consent, and referred to the Committee on Finance.

Agreeably to notice, Mr. Sebastian asked and obtained leave to bring in a bill (S. 106) granting the right of way, and making a grant of land to the State of Arkansas in aid of the construction of certain railroads in said State; which was read the first and second times, by unanimous consent, and referred to the Committee on Public Lands.

0110 110

Agreeably to notice, Mr. Geyer asked and obtained leave to bring in a bill (S. 107) declaring the assent of Congress to an act of the State of Missouri to impose a tax on lands hereafter sold by the United States therein, from and after the day of sale; which was read the first and second times, by unanimous consent, and referred to the Committee on Public Lands.

The Senate proceeded to consider the resolution submitted by Mr. Cass, the 29th December, in relation to the construction of the Capitol, and the restoration of the library; and,

On motion by Mr. Cass,

Ordered , That it lie on the table.

The Senate proceeded to consider the resolution submitted by Mr. Clemens, the 6th instant, in relation to rules and regulations for the marine corps of the United States; and the resolution was agreed to.

The Senate proceeded to consider the resolution submitted by Mr. Shields, the 9th instant, in relation to the temporary employment of a draughtsman; and the resolution was agreed to.

The Senate proceeded to consider, as in Committee of the Whole, the bill (S. 15) to establish a navy-yard and depot on the Bay of San Francisco, in California, and for other purposes; and,

On motion by Mr. Brodhead,

Ordered , That the further consideration thereof be postponed to Monday next.

A message from the House of Representatives, by Mr. Forney, their Clerk:

Mr. President: The House of Representatives have passed the following bills:

H. R. 30. An act for the relief of the Virginia Woolen Company.

H. R. 50. An act for the relief of Edward Everett.

H. R. 51. An act for the relief of David C. Cash and Giles U. Ellis.

H. R. 52. An act for the relief of John W. Robinson.

H. R. 53. An act for the relief of Gardner Herring.

H. R. 56. An act for the relief of Albra Tripp.

H. R. 54. An act for the relief of Silas Champion, of the State of New York.

H. R. 55. An act for the relief of Philip Miller.

H. R. 57. An act for the relief of Joseph Johnston.

H. R. 58. An act for the relief of Robert Milligan.

H. R. 59. An act for the relief of Sylvanus Blodget.

H. R. 60. An act for the relief of Amos Knapp.

H. R. 61. An act for the payment of arrears of pension to the guardian of Artemas Conant.

In which they request the concurrence of the Senate.

The joint resolution (H. R. 6) to authorise the Postmaster-General to legalize certain contracts for the transportation of the mail in California and Oregon, was read a third time.

Resolved , That this resolution pass.

Ordered , That the Secretary notify the House of Representatives thereof.

The following engrossed bills were severally read a third time:

S. 18. An act for the relief of Mrs. A. M. Dade, widow of the late Major F. L. Dade, United States army.

0111 111

S. 42. An act for the relief of Richard Chaney and others.

S. 66. An act for the relief of William P. Greene.

S. 67. An act granting relief to John A. McGaw, of New York.

S. 76. An act for the relief of the personal representatives of William A. Slacum, deceased.

S. 83. An act for the relief of Mrs. Margaret Hetzel, widow and administratrix of A. R. Hetzel, late assistant quartermaster in the army of the United States.

S. 84. An act for the relief of Adjutant-General Roger Jones.

S. 85. An act for the relief of the representatives of Joseph Watson, deceased.

S. 88. An act for the relief of Rufus Dwinel.

S. 93. An act for the relief of Allen G. Johnson.

S. 95. An act to extend a patent heretofore granted to John Shly, of the State of Georgia.

Resolved , That the said bills pass, and that their respective titles be as aforesaid.

Ordered , That the Secretary request the concurrence of the House of Representatives therein.

The Senate resumed the consideration of the resolution submitted the 4th December, in relation to the adjustment of the questions growing out of the institution of domestic slavery; and,

After debate,

On motion by Mr. Davis,

The Senate adjourned.

MONDAY, January 12, 1852. Link to Annals.

Mr. Seward presented the petition of the widow of Orlando Pierce, a private soldier, who was killed in the war with Mexico, praying a pension; which was referred to the Committee on Pensions.

Mr. Rusk presented the petition of F. MacManus, praying the enactment of a law to authorize debenture on goods transported through Port La Baca, San Antonio, and the Rio Grande, to Mexico; which was referred to the Committee on Commerce.

Mr. Bradbury submitted additional documents in relation to the claims of the States of Maine and Massachusetts against the United States under the fourth article of the treaty of Washington, of August 9, 1842; which were referred to the Committee on the Judiciary.

Mr. Dodge, of Iowa, presented the memorial of Benjamin S. Roberts, an officer in the army, praying indemnity for losses sustained during the war with Mexico; which was referred to the Committee on Military Affairs.

Mr. Seward presented a petition of citizens of New York, praying the intervention of this Government in behalf of the people of Hungary, as invoked by Louis Kossuth in a speech made at a banquet given to him by the municipal authorities of that city; which was referred to the Committee on Foreign Relations.

Mr. Gwin presented a memorial of officers of the army stationed in California, praying that the additional pay allowed to officers and soldiers 0112 112 serving in Oregon and California, may be continued; which was referred to the Committee on Military Affairs.

Mr. Fish presented a petition of the assistant marshals for taking the seventh census in Westchester county, New York, praying additional compensation; which was referred to the Committee of Claims.

Mr. Shields presented a petition of citizens of Illinois, praying a grant of the right of way through the public lands for a railroad from Shawneetown to the Mississippi river, opposite St. Louis, Missouri; which was referred to the Committee on Public Lands.

Mr. Stockton presented two petitions of citizens of New Jersey, praying that corporal punishment may not be introduced into the naval service.

Ordered , That they lie on the table.

Mr. Underwood presented a petition of citizens of Nashville, Tennessee, and the proceedings of the general council of the city of Louisville, Kentucky, in favor of the purchase by the United States of the stock held by private individuals in the Louisville and Portland Canal.

Ordered , That they lie on the table.

Mr. Douglas presented a memorial of Robert H. Caffee and others lately attached to the Commission for running and marking the boundary line between the United States and Mexico, praying to be allowed their pay and travelling expenses from the time they ceased to be employed on that service until their return to their homes; which was referred to the Committee of Claims.

On motion by Mr. Clarke,

Ordered , That the petition of Nancy Bowen, on the files of the Senate, be referred to the Committee on Pensions.

On motion by Mr. Hunter,

Ordered , That the memorial of Elizabeth V. Lomax, on the files of the Senate, be referred to the Committee on Pensions.

On motion by Mr. Seward,

Ordered , That the petition of George G. Bishop and Peter U. Morgan, administrators of John Arnold, deceased, on the files of the Senate, be referred to the Committee on Patents and the Patent Office.

Mr. Pearce submitted the following resolutions; which were considered by unanimous consent, and agreed to.

Resolved , That of the synoptical index of the laws prepared and printed, pursuant to a resolution of the Senate, there be distributed, in the same manner as the copies of Little & Brown's edition of the laws were distributed under the act of August 8, 1846, (except to the Library of Congress) six hundred and seventy copies, and to each member of the Senate and House of Representatives, who has not already received the same, one copy, and that ten copies be placed in the Library of Congress.

Resolved , That each member of the Senate be furnished with the ninth volume of Little & Brown's edition of the Laws, and that the preceding volumes be furnished to those members who have not already received them.

Mr. Shields being, on his motion, excused from serving on the Committee on Public Lands,

On motion by Mr. Shields,

Ordered , That a member he appointed by the President pro tempro to fill the vacancy; and,

0113 113

Mr. Borland was appointed.

Mr. Wade, from the Committee of Claims, to whom was referred the petition of William A. Duer, administrator of William A. Duer, deceased, submitted an adverse report; which was ordered to be printed.

Mr. Felch, from the Committee on Public Lands, to whom was referred the bill (S. 75) to revive and continue in force, for a limited time, the provisions of an act relative to suspended entries of public land, reported it without amendment.

Mr. Felch, from the Committee on Public Lands, to whom was referred the bill (S. 91) to establish an additional land office in Michigan, reported it without amendment.

On motion by Mr. Felch,

Ordered , That the Committee on Public Lands be discharged from the further consideration of the petition of the late and present land officers of Dixon, Illinois, praying additional compensation on account of services connected with bounty lands, and from the several memorials and petitions on the same subject, referred to the committee.

Mr. Sebastian, from the Committee on Indian Affairs, to whom was referred the bill (S. 100) for the relief of Thomas Snodgrass, reported it without amendment.

The Senate proceeded to consider the last mentioned bill, (S. 100) as in Committee of the Whole, and no amendment being made, it was reported to the Senate.

Ordered , That it be engrossed, and read a third time.

Mr. Seward, from the Committee on Commerce, to whom was referred a communication from Aaron N. Palmer, submitted a report, accompanied by the following resolution:

Resolved , That the Committee on Commerce be discharged from the further consideration of the communication of Aaron H. Palmer, relating to the colonial dependencies of Japan, and a plan for opening that empire to the commerce of the United States.

The Senate proceeded, by unanimous consent, to consider the resolution; and,

The resolution was agreed to.

On motion by Mr. Seward,

Ordered , That the report be printed.

Mr. Hamlin, from the Committee on Commerce, to whom was referred a memorial of citizens of Portland, Maine, submitted a report, accompanied by a bill (S. 108) making an appropriation for the erection of a marine hospital at Portland, Maine.

The bill was read, and passed to the second reading.

Ordered , That the report be printed.

Mr. Fish, agreeably to notice, asked and obtained leave to bring in a bill (S. 109) to increase the salary of the district judge of the United States for the southern district of Florida; Which was read the first and second times by unanimous consent, and referred to the Committee on the Judiciary.

On motion by Mr. Shields,

Ordered , That the Committee on Public Lands be discharged from the further consideration of the memorial of James B. Cushing and others. 8

0114 114

The following bills were read the first and second times by unanimous consent:

H. R. 30. An act for the relief of the Virginia Woollen Company.

H. R. 50. An act for the relief of Edward Everett.

H. R. 51. An act for the relief of David C. Cash and Giles U. Ellis.

Ordered , That they be referred to the Committee on Military Affairs.

The following bills were read the first and second times by unanimous consent:

H. R. 52. An act for the relief of John W. Robinson.

H. R. 53. An act for the relief of Gardner Herring.

H. R. 54. An act for the relief of Silas Champion, of the State of New York.

H. R. 55. An act for the relief of Philip Miller.

H. R. 56. An act for the relief of Albra Tripp.

H. R. 57. An act for the relief of Joseph Johnston.

H. R. 58. An act for the relief of Robert Milligan.

H. R. 59. An act for the relief of Sylvanus Blodget.

H. R. 60. An act for the relief of Amos Knapp.

H. R. 61. An act for the payment of arrears of pension to the guardian of Artemas Conant.

Ordered , That they be referred to the Committee on Pensions.

A message from the House of Representatives, by Mr. Forney, their Clerk:

Mr. President: The House of Representatives concur in the amendment of the Senate to the bill (H. R. 40) making appropriation to meet the expenses incurred in consequence of the late fire at the Capitol.

Mr. Badger reported from the Committee that they had examined and found duly enrolled the bill (H. R. 40) making appropriation to meet the expenses incurred in consequence of the late fire at the Capitol.

The Senate resumed, as in Committee of the Whole, the consideration of the resolution (S. R. 6) in relation to printing the returns of the seventh census; and,

An amendment being proposed by Mr. Smith,

After debate,

On motion by Mr. Badger,

The Senate adjourned.

TUESDAY, January 13, 1852. Link to Annals.

The President pro tempore laid before the Senate a report of the Secretary of the Senate, showing the persons employed in his office during the year 1851, and the compensation allowed to each.

On motion by Mr. Dodge, of Iowa,

Ordered , That it lie on the table, and be printed.

The President pro tempore laid before the Senate a report of the Secretary of the Senate, with a statement of the payments from the contingent fund of the Senate for the year ending November 30, 1851.

On motion by Mr. Dodge, of Iowa,

Ordered , That it lie on the table, and be printed.

0115 115

The President pro tempore laid before the Senate a report of the Secretary of War, communicating, in compliance with a resolution of the Senate of the 29th December last, information in relation to the construction of a military road from Fort Dodge to Dubuque, and the cost of transporting munitions of war, provisions, &c., used at that fort, from the Mississippi river; which was read.

Ordered , That it be referred to the Committee on Military Affairs, and printed.

Mr. Miller presented the proceedings of a public meeting, held in Trenton, New Jersey, in favor of the intervention of the United States in behalf of the people of Hungary; which were referred to the Committee on Foreign Relations.

Mr. Shields presented the memorial of Ambrose W. Thompson, proposing to enter into contract with the Post Office Department for conveying the mails between the United States and Ireland, in steam ships; which was referred to the Committee on the Post Office and Post Roads.

Mr. Rusk presented the petition of John A. Lynch, praying compensation for services as a clerk in the Treasury Department; which was referred to the Committee of Claims.

Mr. Soulé presented the petition of John S. Maunsell and William Parker, praying that a register may be issued to them for the brig Sylphide; which was referred the Committee on Commerce.

Mr. Soulé presented the memorial of Nathan C. Folger, praying the appointment of a tribunal to review the decisions of the late Board of Commissioners for settling the claims of American citizens against Mexico; whack was referred to the Committee of Claims.

Mr. Soulé presented the memorial of the New Orleans Canal and Banking Company, praying the appointment of a board to review the decisions of the late Board of Commissioners for settling the claims of American citizens against Mexico; which was referred to the Committee of Claims.

Mr. Soulé presented the memorial of Gabriel Valleré, praying indemnity for injury to his property by the American and British forces during the last war with Great Britain; which was referred to the Committee on Military Affairs.

Mr. Stockton presented a petition of passed midshipmen of the navy, praying that a separate grade may be established by law, with an increase of pay, for that class of naval officers; which was referred to the Committee on Naval Affairs.

Mr. Stockton presented a petition of John West and others, engaged in the merchant and privateer service during the last war with Great Britain, praying compensation for loss of time and privations endured in consequence of their capture and imprisonment by the enemy; which was referred to the Committee of Claims.

Mr. Stockton presented the petition of Hugh Wallace Wormley, formerly an officer of the navy, praying a pension; which was referred to the Committee on Naval Affairs.

Mr. Stockton presented a petition of forward officers of the navy, praying an increase of pay; which was referred to the Committee on Naval Affairs.

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On motion by Mr. Shields,

Ordered , That the memorial of Thomas kennedy, on the files of the Senate, be referred to the Committee on Military Affairs.

On motion by Mr. Shields,

Ordered , That the documents on the files of the Senate, relating to the claim of the Common Council of New York for expenses in organising, equipping and subsisting a regiment of New York volunteers for the Mexican war, be referred to the Committee on Military Affairs.

Mr. Rusk submitted the following resolution for consideration:

Resolved , That the Committee on the Post Office and Post Roads be and they are hereby authorised to employ a clerk.

Mr. Gwin submitted the following resolution for consideration:

Resolved , That the Committee on Naval Affairs be authorised to employ a clerk.

Mr. Jones, of Iowa, reported from the committee that they had examined and found duly enrolled the resolution (H. R. 6) to authorise the Postmaster-General to legalize certain contracts for the transportation of the mail in California and Oregon.

Mr. Shields, from the Committee on Military Affairs, to whom was referred the bill (H. R. 50) entitled “An act for the relief of Edward Everett, late a sergeant in the United States army,” reported it without amendment.

Mr. Shields, from the Committee on Military Affairs, to whom was referred the bill (S. 77) for the relief of the heirs and legal representatives of Colonel Alexander G. Morgan, reported it without amendment.

Mr. Shields, from the Committee on Military Affairs, to whom was referred the bill (S. 94) to increase the efficiency of the army by a retired list for disabled officers, reported it with amendments.

Mr. Dawson, from the Committee on Military Affairs, to whom was referred the bill (H. R. 30) entitled “An act for the relief of the Virginia Woolen Company,” reported it without amendment.

Agreeably to notice, Mr. Underwood asked and obtained leave to bring in a bill (S. 110) to purchase the stock owned by individuals in the Louisville and Portland Canal, and for other purposes; which was read the first and second times, by unanimous consent, and ordered to be printed.

Mr. Felch, agreeably to notice, asked and obtained leave to bring in a bill (S. 111) for the relief of William A. Richmond; which was read the first and second times, by unanimous consent, and referred to the Committee on Indian Affairs.

Mr. Bradbury, by unanimous consent, asked and obtained leave to bring in a joint resolution (H. R. 11) providing for a compendium of the annual public documents; which was read the first and second times, by unanimous consent, and considered as in Committee of the Whole.

On motion by Mr. Bright,

Ordered , That it lie on the table, and be printed.

A message from the House of Representatives, by Mr. Forney, their Clerk:

Mr. President: The Speaker of the House of Representatives having signed an enrolled resolution and an enrolled bill, I am directed to bring them to the Senate for the signature of their President.

0117 117

The President pro tempore signed the enrolled resolution (H. R. 6) and the enrolled bill (H. R. 40) last reported to have been examined, and they were delivered to the committee to be presented to the President of the United States.

The Senate resumed, as in Committee of the Whole, the consideration of the resolution (S. R. 6) in relation to printing the returns of the seventh census, together with the amendment proposed by Mr. Smith; and,

After debate,

On motion by Mr. Pearce,

Ordered , That the further consideration thereof be postponed to Tuesday, the 3d of February next, and that it be the order of the day.

On motion by Mr. Badger,

The Senate adjourned.

WEDNESDAY, January 14, 1852. Link to Annals.

Mr. Jones, of Iowa, reported from the committee, that they presented to the President of the United States, the 13th instant, the enrolled bill (H. R. 40) making appropriation to meet the expenses incurred in consequence of the tare fire in the Capitol, and the enrolled resolution (H. R. 6) to authorize the Postmaster General to legalize certain contracts for the transportation of the mail in California and Oregon.

The President pro tempore laid before the Senate a report of the Secretary of the Interior, with estimates of appropriations necessary to meet deficiencies in the service of that department, for the fiscal year ending June 30, 1852; which was read.

Ordered , That it be referred to the Committee on Finance.

Mr. Seward presented the petition of Andrew Rassmussen, praying compensation for services under an appointment from the inspector of the customs for the district of Oswego, New York, in 1812; which was referred to the Committee of Claims.

Mr. Cooper presented a petition of citizens of Pennsylvania, praying the enactment of a law to prohibit the introduction of foreign convicts, felons, and paupers into the United States; which was referred to the Committee on the Judiciary.

Mr. Cooper presented the petition of Joseph Rodney Croskey, United States, Consul at Cowes and Southampton, England, praying reimbursement of expenses incurred in entertaining the officers of the United States ship St. Lawrence, and in the reception of Kossuth; which was referred to the Committee on Naval Affairs.

Mr. Cooper presented a memorial of officers of the army serving in New Mexico, praying that the officers and soldiers stationed in that Territory may be allowed additional pay; which was referred to the Committee on Military Affairs.

Mr. Borland presented the memorial of the Arkansas Central Railroad Company, praying a donation of public land to aid in the construction of their railroad; which was referred to the Committee on Public Lands.

Mr. Dodge, of Iowa, presented a petition of citizens Iowa, praying a donation of land to that State for the construction, of a railroad from Burlington, in that State, to some point on the Missouri riven; which was referred to the Committee on Public Lands.

0118 118

Mr. Berrien presented a petition of members of the General Assembly of the State of Georgia, praying an increase of the salary of the United States district judge of that State; which was referred to the Committee on the Judiciary.

On motion by Mr. Pearce,

Ordered , That the memorial of Philip F. Voorhees, on the files of the Senate, be referred to the Committee on Naval Affairs.

On motion by Mr. Pearce,

Ordered , That the petition of Frances E. Baden, on the files of the Senate, be referred to the Committee on Pensions.

On motion by Mr. Bradbury,

Ordered , That the petition of Tobias Purrington, on the files of the Senate, be referred to the Committee of Claims.

On motion by Mr. Dodge, of Iowa,

Ordered , That the petition of the heirs of William Grayson, on the files of the Senate, be referred to the Committee on Revolutionary Claims.

On motion by Mr. Gwin,

Ordered , That the petition of officers and soldiers of the army who served in California, on the files of the Senate, be referred to the Committee on Military Affairs.

Mr. Seward submitted the following resolution for consideration:

Resolved , That the Secretary of the Navy be requested to furnish the Senate, as early as practicable, with a copy of the proceedings of the naval court of inquiry in relation to the loss of the United States steamer Edith in 1849, together with copies of the correspondence which formed the ground of the order given to constitute said court, and of all the papers referred to in the record of proceedings; also copies of all reports or charges made to the department against any member composing said court in reference to conduct while attached to the Pacific squadron; copies of all correspondence between the department and Commodore Thomas Ap Catesby Jones relating to the said steamer Edith; copies of the correspondence with Richard W. Meade, late a lieutenant in the United States navy, during the year 1851; copy of the charges and specifications preferred by Lieutenant Tunis A. Craven, against Commodore Jones, in 1849 and 1850, with the reasons of the department for not acting thereon; and copies of the correspondence between the department and the commanders of the Pacific squadron, and all other officers of the navy in relation to the erection of a steam circular saw-mill in California, and the expenditures thereon.

Mr. Seward, from the Committee on Commerce, reported the following resolution, which was considered by unanimous consent, and agreed to:

Resolved , That the Secretary of the Treasury communicate to the Senate such information as he may have in relation to the expediency of repealing or modifying the act of June 30, 1834, concerning tonnage duty on Spanish vessels.

Mr. Hamlin submitted the following resolution, which was read:

Resolved , That the Committee on Commerce be authorized to employ a clerk from and after the first proximo, during the present session of Congress, at the usual compensation.

Mr. Seward, from the Committee on Commerce, to whom was referred the bill (S. 80) for the relief of Thomas H. Leggett, reported it witho?u 0119 119 amendment, and submitted a report on the subject; which was ordered to be printed.

Mr. Bright, from the Committee on Finance, to whom was referred the resolution (S. R. 10) for the relief of Alexander P. Field, late Secretary of Wisconsin Territory, and sureties, reported it without amendment, and submitted a report on the subject; which was ordered to be printed.

Mr. Gwin, from the Committee on Naval Affairs, to whom was referred the petition of Mrs. Mary Walker, submitted a report; which was considered by unanimous consent, and, in concurrence therewith,

Ordered , That the committee be discharged from the further consideration of the subject.

Mr. Gwin, from the Committee on Naval Affairs, to whom was referred the petition of Emily C. B. Thompson, submitted a report; which was considered by unanimous consent, and, in concurrence therewith,

Ordered , That the committee be discharged from the further consideration of the Subject.

Mr. Bradbury, from the Select Committee, to whom was referred the bill (S. 64) to provide for the ascertainment and satisfaction of claims of American citizens for spoliations committed by the French, previous to the 31st day of July, 1801, reported it without amendment, and submitted a report on the subject; which was ordered to be printed.

Mr. Felch submitted the views of the minority of the Select Committee to whom the memorials of sundry citizens of the United States asking indemnity for spoliations by the French, prior to July 31, 1801; which were ordered to be printed.

Mr. Hamlin, from the Committee on Commerce, to whom was referred a resolution of the Legislature of Michigan, relative to the construction of a ship canal around the Falls of Ste. Marie, submitted a report; which was considered by unanimous consent, and, in concurrence therewith,

Resolved , That the committee be discharged from the further consideration of the subject.

On motion by Mr. Hamlin,

Ordered , That the report be printed.

Mr. Berrien, from the Committee on the Judiciary, to whom was referred the bill (S. 26) to regulate the compensation of the district judge of the United States for the district of Massachusetts, reported it without amendment.

Mr. Felch, from the Committee on Public Lands, to whom was referred the bill (S. 107) declaring the assent of Congress to the State of Missouri to impose a tax on lands hereafter sold by the United States therein, from and after the day of sale, reported it without amendment.

Mr. Downs, from the Committee on Private Land Claims, to whom was referred the bill (S. 87) to grant the right of pre-emption to settlers on the public land known as the Maison Rouge grant, reported it without amendment, and submitted a report on the subjects; which was ordered to be printed.

Mr. Dodge, of Iowa, from the Committee on Public Lands, to whom was referred the bill (S. 23) to aid the State of Louisiana in reclaiming the overflowed lands therein, and for other purposes, reported it without amendment.

Mr. Hamlin, from the Committee on Commerce, to whom was referred 0120 120 the bill (H. R. 47) to admit a certain vessel to registry, reported it with an amendment.

The Senate proceeded to consider the bill last mentioned (H. R. 47) as in Committee of the Whole, and the reported amendment having been agreed to, the bill was reported to the Senate, and the amendment was concurred in.

Ordered , That the amendment be engrossed, and the bill read a third time.

Mr. Gwin, from the Committee on Naval Affairs, to whom was referred the petition of Wm. D. Acken and Julia Acken, reported a bill (S. 112) for the relief of Julia Acken; which was read and passed to the second reading.

Mr. Felch, from the Committee on Public Lands, to whom the subject was referred, reported a bill (S. 113) to authorize the construction of railroads through the public lands in certain cases; which was read and passed to the second reading.

Mr. Underwood, from the Committee on Public Lands, to whom was referred a resolution (S. R. 3) explanatory of the act approved September 28, 1850, entitled “An act granting bounty land to certain officers and soldiers who have been engaged in the military service of the United States, reported it with an amendment.

The Senate proceeded to consider the resolution last mentioned, as in Committee of the Whole; and,

On motion by Mr. Hunter,

Ordered , That the further consideration thereof be postponed until tomorrow, and that it be the order of the day.

Agreeably to notice, Mr. Borland asked and obtained leave to bring in a bill (S. 114) granting to the State of Arkansas the right of way and making a donation of a portion of the public lands to aid in the construction of a railroad from Helena to Fort Smith, in Arkansas; which was read the first and second times, by unanimous consent, and referred to the Committee on Public Lands.

A message from the House of Representatives, by Mr. Forney, their Clerk:

Mr. President: The House of Representatives have passed a bill (H. R. 21) to amend an act entitled “An act for the punishment of crimes in the District of Columbia;” in which they request the concurrence of the Senate.

The Senate proceeded to consider the resolution submitted yesterday by Mr. Rusk, to authorize the Committee on the Post Office and Post Roads to employ a clerk, and having been amended to read as follows:

Resolved , That the Committee on the Post Office and Post Roads be, and they are hereby authorized to employ a clerk during the present session of Congress.

On the question to agree thereto,

It was determined in the affirmative,

Yeas 34

Nays 7

On motion by Mr. Dodge, of Iowa,

The yeas and nays being desired by one-fifth of the senators present,

Those who voted in the affirmative are,

Messrs. Bayard, Bell, Berrien, Borland, Bradbury, Cass, Cooper, Davis, 0121 121 Dawson, Dodge, of Wisconsin, Downs, Foot, Geyer, Gwin, Hale, Hamlin, James, Jones, of Iowa, Jones, of Tennessee, McRae, Mallory, Miller, Norris, Pearce, Rusk, Sebastian, Seward, Smith, Soulé, Spruance, Stockton, Sumner, Upham, Wade.

Those who voted in the negative are,

Messrs. Bright, Brodhead, Dodge, of Iowa, Hunter, King, Underwood, Walker.

So the resolution as amended was agreed to.

The Senate proceeded to consider the resolution submitted yesterday by Mr. Gwin, to authorize the Committee on Naval Affairs to employ a clerk; and having been amended by adding thereto, “during the present session of Congress,”

The resolution was agreed to.

The Senate proceeded, by unanimous consent, to consider the resolution this day submitted by Mr. Hamlin, authorizing the Committee on Commerce to employ a clerk; and,

The resolution was agreed to.

The Senate proceeded to consider the resolution submitted by Mr. Seward, the 6th instant, instructing the Committee on Pensions to inquire into the expediency of granting a pension to the widow of Brigadier General Belknap; and,

The resolution was agreed to.

The bill (H. R. 21) to amend an act entitled “An act for the punishment of certain crimes in the District of Columbia,” was read the first and second times, by unanimous consent, and referred to the Committee on the Judiciary.

The engrossed bill (S. 100) for the relief of Thomas Snodgrass, was read the third time.

Resolved , That it pass, and that the title thereof be as aforesaid.

Ordered , That the Secretary request the concurrence of the House of Representatives therein.

The Senate resumed the consideration of the memorial of citizens of the United States in relation to flogging in the navy; and,

After debate,

On motion by Mr. Hunter,

The Senate adjourned.

THURSDAY, January 15, 1852. Link to Annals.

Mr. Morton presented the petition of George D. Fisher, an assistant marshal for taking the seventh census in Santa Rosa county, Florida, praying additional compensation; which was referred to the Committee of Claims.

Mr. Morton presented a memorial of citizens of Apalachicola, Florida, praying that Samuel Bray, keeper of the Dog island light-house, on the coast of Florida, may be indemnified for losses sustained during the gales of the 23d and 24th of August, 1851; which was referred to the Committee on Commerce.

Mr. Clemens presented a preamble and resolution passed by the Legislature of the State of Alabama, in relation to the policy to be pursued by 0122 122 this Government in its intercourse with foreign nations; which were read.

Ordered , That they be printed.

Mr. Clarke presented a memorial of assistant marshals for taking the seventh census in the State of Rhode Island, praying additional compensation; which was referred to the Committee of Claims.

Mr. Douglas presented the memorial of Samuel H. Kettlewell, lately attached to the commission for running and marking the boundary line between the United States and Mexico, praying pay and traveling expenses; which was referred to the Committee of Claims.

Mr. Borland presented the petition of William Field, clerk of the United States district court for Arkansas, praying compensation for services in making statements of the proceedings under the bankrupt law, in pursuance of a resolution of the House of Representatives; which was referred to the Committee on the Judiciary.

Mr. Felch presented a resolution of the Legislature of Michigan, requesting the senators and representatives of that State in Congress to use their exertions to procure the payment of the claims of the Ottawa and Chippewa nations of Indians, under the fifth article of the treaty of 1836, between the United States and those Indians; which was referred to the Committee on Indian Affairs, and ordered to be printed.

Mr. Fish presented the memorial of Edward K. Collins and his associates, praying additional facilities in transporting the mail between New York and Liverpool; which was referred to the Committee on Naval Affairs, and ordered to be printed.

Mr. Foot presented the petition of Thomas, Cowperthwaite and Company, proposing to furnish the Government with copies of the reports of the decisions of the supreme court of the United States for distribution; which was referred to the Committee on the Judiciary.

Mr. Dodge, of Iowa, presented the petition of Stephen P. Yeomans and others, praying that certain arrears of pension due Zachariah S. Conger may be paid to his widow; which was referred to the Committee on Pensions.

Mr. Stockton presented the petition of Thomas Copeland, praying compensation for improvements in machinery at the Gasport navy-yard; which was referred to the Committee on Naval Affairs.

Mr. Pearce presented the petition of Charles Fletcher, praying that a charter may be granted to him and his associates for the construction of a railroad from the District of Columbia to the Point of Rocks, in Maryland; which was referred to the Committee on the District of Columbia.

On motion by Mr. Douglas,

Ordered , That the petition of Cyrus H. McCormick, on the files of the Senate, be referred to the Committee on Patents and the Patent Office.

On motion by Mr. Dodge, of Wisconsin,

Ordered , That the petition of Robert Grignon, on the files of the Senate, be referred to the Committee on Indian Affairs.

On motion by Mr. Cooper,

Ordered , That the petition of John S. Van Dyke, on the files of the Senate, be referred to the Committee on Naval Affairs.

On motion by Mr. Shields.

Ordered , That the memorial of citizens of Georgetown, on the files of 0123 123 the Senate, relative to certain improvements in that place, be referred to the Committee on the District of Columbia.

On motion by Mr. Seward,

Ordered , That Aaron H. Palmer have leave to withdraw his memorial and papers.

Mr. Felch submitted the following resolution, which was considered by unanimous consent, and agreed to:

Resolved , That the Committee on Indian Affairs be instructed to inquire into the expediency of providing by law for the payment to the Ottowa and Chippewa nations of Indians of the overplus money which shall be found due under the treaty made with them at Washington, on the 28th day of March, 1836, and by virtue of the provisions of the fifth article thereof, as amended and ratified by the Senate.

On motion by Mr. Hale,

Ordered , That when the Senate adjourn, it be to Monday next.

On motion by Mr. Sebastian,

Ordered , That David Butler have leave to withdraw his petition and papers.

Mr. Clemens, from the Committee on Private Land Claims, to whom was referred the petition of John Rice Jones, reported a bill (S. 115) for his relief; which was read, and passed to the second reading.

The said bill was read the second time, by unanimous consent, and considered as in Committee of the Whole; and, no amendment being made, it was reported to the Senate.

Ordered , That it be engrossed, and read a third time.

Mr. Felch, from the Committee on Public Lands, to whom were referred the memorial of J. Kearsley, and the memorial of John Biddle, reported a bill (S. 116) to provide for the final settlement of accounts of Jonathan Kearsley, late receiver of public moneys at Detroit, and of John Biddle, late register of the land office at that place.

Mr. Felch also submitted a report on the subject, which was ordered to be printed.

Mr. Fish, from the Committee on Naval Affairs, to whom was referred the petition of Surgeon D. S. Edwards, reported a bill (S. 117) to provide for placing certain medical officers of the navy, who rendered service on land in Mexico, upon the same footing with medical officers of the army for similar services; which was read, and passed to the second reading.

Mr. Fish also submitted a report on the subject, which was ordered to be printed.

Mr. Fish, from the Committee on Naval Affairs, to whom was referred the bill (S. 81) for the relief of John R. Bryan, administrator of Isaac Garretson, deceased, late a purser in the United States navy, reported it without amendment, and submitted an adverse report on the subject, which was ordered to be printed.

Mr. Shields, from the Committee on the District of Columbia, reported a bill (S. 120) to incorporate the Pioneer Manufacturing Company of Georgetown, District of Columbia; which was read, and passed to the second reading.

Mr. Jones, of Iowa, from the Committee on Pensions, to whom was referred the petition of Harriet R. F. Capron, submitted a report, accompanied 0124 124 by a bill (S. 118) for the relief of the children of Captain Erastus A. Capron.

The bill was read, and passed to the second reading.

Ordered , That the report be printed.

Mr. Gwin, from the Committee on Naval Affairs, to whom was referred the petition of James W. Low, reported a bill (S. 119) for the compensation of James W. Low and others for the capture of the British private armed schooner Ann, during the late war with Great Britain; which was read, and passed to the second reading.

Mr. Borland, agreeably to notice, asked and obtained leave to bring in a bill (S. 121) granting to the State of Arkansas the right of way, and a portion of the public lands to aid in the construction of the Arkansas Central railroad, from a point on the western bank of the Mississippi river, opposite the town of Memphis, Tennessee, by the way of Little Rock, to a point on Red river, on the border of Texas; which was read the first and second times, by unanimous consent, and referred to the Committee on Public Lands.

Mr. Borland, agreeably to notice, asked and obtained leave to bring in a bill (S. 122) to grant the hot springs in Arkansas to that State, and to secure the interest of bona fide settlers within the limits of the hot springs reservation; which was read the first and second times, by unanimous consent, and referred to the Committee on Public Lands.

Agreeably to notice, Mr. James asked and obtained leave to bring in a joint resolution (S. R. 12) to authorize an investigation into the causes of the explosion of steam boilers, and the best means of preventing the same; which was read the first and second times, by unanimous consent, and referred to the Committee on Naval Affairs.

The bill (H. R. 47) to admit a certain vessel to registry, was read the third time, as amended; and the title was amended to read, “An act to admit a vessel called the Etiwan to registry.”

Resolved , That it pass with amendments.

Ordered , That the Secretary request the concurrence of the House of Representatives in the amendments.

The engrossed bill (S. 115) for the relief of the legal representatives of John Rice Jones, deceased, was read the third time.

Resolved , That it pass, and that the title thereof be as aforesaid.

Ordered , That the Secretary request the concurrence of the House of Representatives therein.

The Senate resumed the consideration of the memorial of citizens of the United States in relation to flogging in the navy; and,

On motion by Mr. Hale,

Ordered , That the further consideration thereof be postponed to, and made the order of the day for Thursday, the 22d instant.

After the consideration of executive business,

On motion by Mr. Morton,

The Senate adjourned.

MONDAY, January 19, 1852. Link to Annals.

The President pro tempore laid before the Senate a report of the Secretary of War, made in obedience to law, accompanied by a statement of the expenses of the national armories, and the number of arms and appendages made and repaired thereat during the fiscal year ending June 30, 1851; which was read.

Ordered , That it lie on the table, and be printed.

The President pro tempore laid before the Senate, a report of the Secretary of War, made in obedience to law, accompanied by lists of the clerks and other persons employed in that department, other than officers of the army, during the year 1851; which was read.

Ordered , That it lie on the table, and be printed.

Mr. Bright presented a petition of citizens of Oregon Territory, praying the removal of the port of entry from Fort Nesqually to Sleetacoour City, and the establishment of a mail route from San Francisco to the head of Puget's Sound; which was referred to the Committee on Commerce.

Mr. Bright presented the petition of Elizabeth Parsons, widow of James Parsons, praying compensation for extra services performed by her late husband while employed at the Penitentiary of the District of Columbia; which was referred to the Committee of Claims.

Mr. Wade submitted a document in relation to the enactment of a law to authorize executors and administrators to locate land warrants; which was referred to the Committee on Public Lands.

Mr. Walker presented a petition of citizens of Dunlevy, Ohio, praying that the public lands may be ceded to the States for the purposes of settlement; which was referred to the Committee on Public Lands.

Mr. Fish presented the memorial of the New York State Colonization Society, praying the establishment of a line of mail steamers to the western coast of Africa; which was referred to the Committee on Naval Affairs.

Mr. Geyer presented the petition of the heirs and legal representatives of Joseph Thompson, deceased, praying the confirmation of their title to a tract of land in the State of Missouri; which was referred to the Committee on Private Land Claims.

Mr. Geyer presented the memorial of the administrator of George G. Alford, praying the appointment of h tribunal to review the decisions of the late Board of Commissioners for settling claims of American citizens against Mexico; which was referred to the Committee on Foreign Relations.

Mr. Geyer presented the memorial of the city council of St. Louis, Missouri, praying the reimbursement of money expended in prosecuting work commenced by the United States for the improvement of the river and harbor at that place; which was referred to the Committee on Commerce.

Mr. Shields presented a petition of A. Anderson and others, citizens of the United States, praying the construction of a railroad from Lake Michigan to the Pacific, under the direction of the General Government; which was referred to the Committee on Public Lands.

Mr. Shields presented three petitions of citizens of Illinois, praying the 0126 126 right of way and a grant of public land for the construction of a railroad from Shawneetown to the Missouri river, opposite the city of St. Louis; which was referred to the Committee on Public Lands.

Mr. Shields presented the memorial of Henry H. Sibley, for and in behalf of the people of Minnesota Territory, praying a grant of land for the construction of a railroad from the western extremity of said Territory to the Mississippi river, with a branch to St. Paul, in said Territory; which was referred to the Committee on Territories.

Mr. Hamlin presented a petition of inhabitants of the Island of Martinicus, on the coast of Maine, praying the transfer of that island from the Penobscot collection district to the district of Waldeboro', in the State of Maine; which was referred to the Committee on Commerce.

Mr. Underwood presented the petition of William W. Sale and others, praying an amendment of the patent laws; which was referred to the Committee on Patents and the Patent Office.

Mr. Cass presented the memorial of John McReynolds, praying to be indemnified for losses sustained in consequence of a change in his contract for building a light-house on Beaver island, in Lake Michigan; which was referred to the Committee on Commerce.

Mr. Cass presented a memorial of citizens of Pennsylvania, praying a modification of the late bounty land law; which was referred to the Committee on Public Lands.

Mr. Davis presented a petition of citizens of Cambridge, Massachusetts, praying that the bill giving further remedies to patentees may become a law.

Ordered , That it lie on the table.

Mr. Jones of Tennessee, presented a petition of citizens of Tennessee, praying that the expenses incurred by American contributors to the World's Fair at London, may be defrayed by Congress; which was referred to the Committee on Manufactures.

Mr. Brodhead presented a petition of citizens of Philadelphia, Pennsylvania, praying a modification of the late bounty land law.

Ordered , That it lie on the table.

Mr. Davis presented a petition of citizens of Pennsylvania, praying a modification of the late bounty land law.

Ordered , That it lie on the table.

Mr. Felch presented a preamble and resolution passed by the Legislature of Michigan in relation to the land claims of Joseph Sansfacon and others; which were referred to the Committee on Private Land Claims, and ordered to be printed.

Mr. Stockton presented a memorial of inventors, praying that the Patent Office Building may be completed according to the original design, and kept exclusively for the transaction of the business of that office; which was referred to the Committee on Patents and the Patent Office.

Mr. Stockton presented the memorial of Jonas P. Levy, complaining of the loss of the proofs of his claims against Mexico, by officers and agents of the Government, and the consequent rejection of a portion of his claim by the late Board of Commissioners, and praying relief.

Ordered , That it lie on the table.

On motion by Mr. Shields,

Ordered , That the documents on the files of the Senate, in relation to 0127 127 the claim of the widow of Lieutenant-Colonel Æneas Mackay to a pension, be referred to the Committee on Pensions.

On motion by Mr. Borland,

Ordered , That the petition of Mark Bean and Richard H. Bean, on the files of the Senate, be referred to the Committee on Public Lands.

On motion by Mr. Felch,

Ordered , That the petitions of citizens of Michigan, on the files of the Senate, relating to the adjustment of private land claims in that State, be referred to the Committee on Private Land Claims.

On motion by Mr. Bright,

Ordered , That the documents, on the files of the Senate, relating to the claim of Ebenezer Dumont, be referred to the Committee of Claims.

On motion by Mr. Downs,

Ordered , That the memorial of Thomas H. McManus, on the files of the Senate, be referred to the Committee on Private Land Claims.

Mr. Sumner submitted the following resolution for consideration:

Resolved , That the Committee on Naval Affairs be directed to inquire into the expediency of abolishing the spirit ration in the navy of the United States, and at the same time of increasing the monthly pay of all the enlisted men in this service.

Mr. Sebastian submitted the following resolution for consideration:

Resolved , That the Committee on Indian Affairs be authorized to employ a clerk during the present session of Congress.

A message from the House of Representatives, by Mr. Forney, their Clerk:

Mr. President: The House of Representatives have passed the following bills from the Senate:

S. 71. An act authorising the Secretary of the Treasury to issue a register to the brig Ada.

S. 99. An act to provide a room for the Congressional Library.

They concur in the amendments of the Senate to the bill (H. R. 47) to admit a certain vessel to registry.

They have passed bills of the following titles, in which they request the concurrence of the Senate:

H. R. 4. An act authorising the payment of interest to the State of New Hampshire for advances made for the use and benefit of the United States in repelling invasion and suppressing insurrection at Indian Stream, in said State.

H. R. 88. An act for the relief of William Greer.

H. R. 89. An act for the relief of Williams, Staples and Williams.

H. R. 90. An act for the relief of James Ferguson, surviving partner of the firm of Ferguson & Milhado.

H. R. 91. An act for the relief of the executors and heirs of Thomas Fletcher, deceased.

H. R. 92. An act for the relief of James Lewis.

The President of the United States approved and signed, the 13th instant, the following bill and joint resolution:

H. R. 40. An act making appropriations to meet the expenses incurred in consequence of the late fire in the Capitol.

H. R. R. 6. Joint resolution to authorize the Postmaster-General to legalize certain contracts for the transportation of the mail in California and Oregon.

0128 128

Mr. Bayard, from the Committee of Claims, to whom was referred the petition of Samuel M. Bootes, submitted an adverse report, which was ordered to be printed.

Mr. Felch, from the Committee on Public Lands, to whom was referred the bill (H. R. 48) in relation to a certain lot of land in the town of Gnadenhutten, in the State of Ohio, reported it without amendment.

Mr. Felch, from the Committee on Public Lands, to whom was referred a memorial of the Legislature of the State of Alabama, reported a bill (S. 123) to authorize the sale of certain reserved lands in Alabama; which was read, and passed to the second reading.

Mr. Stockton, from the Committee on Pensions, to whom was referred the petition of Sarah Bennett, submitted a report, accompanied by the following resolution:

Resolved , That the petition of Sarah Bennett be rejected.

Mr. Stockton, from the Committee on Pensions, to whom was referred the memorial of Elizabeth Munroe, submitted a report, accompanied by bill (S. 124) granting a pension to Elizabeth Munroe.

The bill was read and passed to the second reading.

Ordered , That the report be printed.

Mr. Stockton, from the Committee on Pensions, to whom was referred the petition of Thomas Flanagan, submitted an adverse report, which was read.

Mr. Jones, of Iowa, to whom was referred the memorial of Mary W. Thompson, submitted a report, accompanied by a bill (S. 125) for the relief of Mary W. Thompson.

The bill was read, and passed to the second reading.

Ordered , That the report be printed.

Agreeably to notice, Mr. Gwin asked and obtained leave to bring in a bill (S. 126) to refund to the State of California the expenses incurred in suppressing Indian aggressions in that State; which was read the first and second times, by unanimous consent, and referred to the Committee on Military Affairs.

Agreeably to notice, Mr. Stockton asked and obtained leave to bring in bill (S. 127) to authorize the Postmaster-General to contract for carrying the mails between Jersey City, State of New Jersey, and port of New York, and Galway, in Ireland; which was read the first and second times, by unanimous consent, and referred to the Committee on the Post Office and Post Roads.

Agreeably to notice, Mr. Shields asked and obtained leave to bring in a bill (S. 128) to enable Jacob Banta to locate two revolutionary bounty land certificates; which was read the first and second times, by unanimous consent, and referred to the Committee on Public Lands.

Mr. Wade, by unanimous consent, asked and obtained leave to bring in a bill (S. 129) to amend the act entitled “An act to provide for the due execution of the laws of the United States within the State of Ohio; which was read the first and second times, by unanimous consent, and referred to the Committee on the Judiciary.

Mr. Clarke, agreeably to notice, asked and obtained leave to bring in a joint resolution (S. R. 13) re-affirming the doctrine of non-intervention; which was read the first and second times, by unanimous consent, and considered as in Committee of the Whole; and,

0129 129

On motion by Mr. Clarke,

Ordered , That it lie on the table, and be printed.

Mr. Jones reported from the committee that they had examined and found duly enrolled the bill (H. R. 47) to admit a vessel called the Etiwan to registry.

A message from the House of Representatives, by Mr. Forney, their Clerk:

Mr. President: The Speaker of the House of Representatives having signed an enrolled bill, I am directed to bring it to the Senate for the signature of their President.

The President pro tempore signed the enrolled bill (H. R. 47) last reported to have been examined, and it was delivered to the committee to be presented to the President of the United States.

The bills this day received from the House of Representatives for concurrence were severally read the first and second times, by unanimous consent.

Ordered , That the bills numbered 4, 91, and 92, be referred to the Committee on the Judiciary; that the bill numbered 88 be referred to the Committee of Claims; and that the bills numbered 89 and 90 be referred to the Committee on Finance.

The Senate resumed the consideration of the resolution (S. R. 2) expressive of the sympathy of Congress for the exiled patriots, Smith O'Brien, Thomas T. Meagher, and their associates; and,

Ordered , That the further consideration thereof be postponed Until to-morrow.

The Senate resumed, as in Committee of the Whole, the resolution (S. R. 3) explanatory of the act approved September 28, 1850, entitled “An act granting bounty land to certain officers and soldiers who have been engaged in the military service of the United States,” with the amendment reported thereto; and the reported amendment having been amended, was agreed to, and the resolution was reported to the Senate accordingly.

A further amendment being proposed by Mr. Walker,

On motion by Mr. Badger,

The Senate adjourned.

TUESDAY, January 20, 1852. Link to Annals.

The following message was received from the President of the United States by Mr. Millard P. Fillmore, his secretary:

To the Senate and House of Representatives of the United States:

I transmit to Congress a report from the Secretary of State, accompanied by a letter to him from the contractors for paying the instalment of Mexican indemnity due on the 31st of May next, and respectfully invite attention to the subject.

MILLARD FILLMORE.

Washington , January 19, 1852.

The message was read.

Ordered , That it be referred to the Committee on Finance, and printed. Mr. Badger presented a memorial of Washington A. Bartlett and other 9 0130 130 officers of the navy, praying additional pay during their service in the Pacific; which was referred to the Committee on Naval Affairs.

Mr. Miller presented the petition of the heirs of William Tuttle, a revolutionary officer, praying to be allowed commutation pay; which was referred to the Committee on Revolutionary Claims.

Mr. Jones, of Iowa, presented the petition of Margaret Farrar, praying that a sum of money due her under the treaty of 1836 with the Sac and Fox Indians, may be paid; which was referred to the Committee on indian Affairs.

Mr. Gwin presented the memorial of Thomas O. Larkin, praying compensation for supplies furnished for the use of the California battalion during the late war with Mexico; which was referred to the Committee of Claims.

Mr. Brodhead presented the memorial of the Marine Insurance Companies of Philadelphia, praying that the salary of the United States district judge at Key West, in Florida, may be increased; which was referred to the Committee on the Judiciary.

Mr. Norris submitted additional documents in relation to the petition of Isaac Adams; which were referred to the Committee on Patents and the Patent Office.

Mr. Shields presented a petition of citizens of Washington, in the District of Columbia, praying the improvement of Delaware avenue, north of the Capitol; which was referred to the Committee on the District of Columbia.

Mr. Seward presented a resolution of the board of aldermen and board of assistants of the city of New York, tendering to the United States a plot of ground in that city for the erection of a mint; which was referred to the Committee on Finance, and ordered to be printed.

Mr. Bradbury presented the memorial of the administrator of Charles Foster, praying the appointment of a tribunal for reviewing the decisions of the late Board of Commissioners for settling claims against Mexico.

Ordered , That it lie on the table.

On motion by Mr. Hunter,

Ordered , That the memorial of the representatives of William Teas, on the files of the Senate, be referred to the Committee on Revolutionary Claims.

On motion by Mr. Hunter,

Ordered , That the petition of Elizabeth Jones, heir of John Carr, on the files of the Senate, be referred to the Committee on Pensions.

On motion by Mr. Mallory,

Ordered , That the memorial of George Mackay, on the files of the Senate, be referred to the Committee on Public Lands.

On motion by Mr. Mallory,

Ordered , That the petition of Gilbert Knapp, on the files of the Senate, be referred to the Committee of Claims.

On motion by Mr. Mallory,

Ordered , That the memorial of the heirs of Darius Garrason, on the files of the Senate, be referred to the Committee of Claims.

On motion by Mr. Rusk,

Ordered , That the memorial of the widow of Marvin W. Fisher, on the files of the Senate, be referred to the Committee on Naval Affairs.

On motion by Mr. Seward,

Ordered , That the petition of Anna Norton and Louis Foskit, heirs-at-law 0131 131 of Zephaniah Ross, on the files of the Senate, be referred to the Committee on Pensions.

On motion by Mr. Seward,

Ordered , That leave be granted to withdraw from the files of the Senate the documents in relation to the claims of Charles Reeder, Walter R. Johnson, and the legal representatives of Thomas P. Jones.

On motion by Mr. Davis,

Ordered , That the petition of citizens of Plymouth county, Massachusetts, on the files of the Senate, in relation to the improvement of North river, be referred to the Committee on Commerce.

On motion by Mr. Davis,

Ordered , That the resolutions of the corporate authorities of Lynn, Massachusetts, with the documents on the files of the Senate, relating to the establishment of a port of entry at that place, be referred to the Committee on Commerce.

Mr. Davis submitted additional documents in relation to the petition of John W. Whipple; which were referred to the Committee of Claims.

Mr. Norris submitted the following resolution for consideration:

Resolved , That the Secretary of the Senate be and he is hereby authorized and instructed to audit, and from time to time to settle, the account of John C. Rives for the reports of the Senate proceedings and debates published in the Congressional Globe, at seven dollars and fifty cents per column.

Mr. Hamlin submitted the following resolution for consideration:

Resolved , That the Secretary of the Interior be requested to furnish the Senate with an estimate of the number of pages which the census returns will contain if the same shall be completed on the plan now pursued by the Census Bureau; also, what part of the same will be composed of statistical tables, and what part of other matter.

On motion by Mr. Felch.

Ordered , That the Committee on Public Lands be discharged from the further consideration of six petitions of citizens of Michigan, in relation to the Zilwaukie, Grand Traverse, and Mackinaw Plank Road Company; a memorial of the legislature of Missouri in relation to the Lexington and Daviess county railroad; a memorial of the legislature of Missouri in relation to a plank road from Tully, in that State, to Bloomfield, Iowa; a memorial of the legislature of Missouri in relation to the northern Missouri railroad; a petition of citizens of Wisconsin in relation to the Milwaukie and Mississippi river railroad, presented January 2; a memorial of a railroad convention of Iowa, presented December 22, 1851; a petition of citizens of Iowa, presented January 14, and a memorial of a convention of citizens of Iowa, presented January 10, 1852.

On motion by Mr. Shields,

Ordered , That the Committee on Military Affairs be discharged from the further consideration of the memorial of Thomas Kennedy and the memorial of Gabriel Valleré.

On motion by Mr. Borland,

Ordered , That the Committee on Public Lands be discharged from the further consideration of the memorial of the Arkansas Central Railroad Company.

Mr. Upham, from the Committee on the Post Office and Post Roads, to 0132 132 whom was referred a memorial of John T. Sullivan, submitted a report, accompanied by a bill (S. 130) for his relief.

The bill was read, and passed to the second reading.

Ordered , That the report be printed.

Mr. Mallory, from the Committee on Naval Affairs, to whom was referred the memorial of Joseph Gideon, submitted a report, accompanied by a bill (S. 131) for his relief.

The bill was read, and passed to the second reading.

Ordered , That the report be printed.

Mr. Mallory, from the Committee on Naval Affairs, to whom was referred the petition of John O. Means, submitted a report, accompanied by a bill (S. 132) for his relief.

The bill was read, and passed to the second reading.

Ordered , That the report be printed.

Mr. Underwood, agreeably to notice, asked and obtained leave to bring in a bill (S. 133) granting lands and the right of way to the States of Indiana and Illinois in aid of the construction of a railroad from a point on the Ohio river, opposite to Louisville, in Kentucky, to a point on the Mississippi river, opposite to St. Louis, in Missouri; which was read the first and second times, by unanimous consent, and referred to the Committee on Public Lands.

Mr. Shields, from the Committee on Military Affairs, to whom the subject was referred, reported a bill (S. 134) to re-imburse the Common Council of New York expenditures made for the first regiment of New York volunteers; which was read, and passed to the second reading.

Mr. Wade, from the Committee of Claims, to whom was referred the petition of Robert Piatt, submitted an adverse report; which was ordered to be printed.

Mr. Felch, from the Committee on Public Lands, to whom was referred the bill (S. 3) granting the right of way to the State of Missouri, and a portion of the public lands, to aid in the construction of a railroad from Hannibal to St. Joseph, in said State, reported it with an amendment.

Mr. Felch, from the Committee on Public Lands, to whom was referred the bill (S. 90) granting to the State of Michigan the right of way and a donation of public land for the purpose of constructing a canal or railroad across the peninsula of Michigan, reported it without amendment.

Mr. Gwin, from the Committee on Naval Affairs, to whom was referred the resolution (S. R. 12) to authorize an investigation into the causes of explosion of steam-boilers, and the best means of preventing the same, reported it with an amendment.

Mr. Gwin, from the Committee on Naval Affairs, to whom were referred the proceedings of a court of inquiry in the case of William K. Latimer, a captain in the navy, reported the following resolution; which was read:

Resolved , That the charges and specifications, and also the report and opinion of a court of inquiry, in the case of William K. Latimer and the letter of the Secretary of the Navy, transmitting the same, and the general order in said case, dated July 1, 1851, be printed for the use of the Senate.

Mr. Borland, from the Committee on Public Lands, to whom was referred the bill (S. 121) granting to the State of Arkansas the right of way and a portion of the public lands to aid in the construction of a railroad from 0133 133 a point on the western bank of the Mississippi river, opposite the town of Memphis, Tennessee, by way of Little Rock, to a point on Red river, on the border of Texas, reported it with an amendment.

Mr. Borland, from the Committee on Public Lands, to whom was referred the bill (S. 106) granting the right of way and making a grant of land to the State of Arkansas, in aid of the construction of certain railroads in said State, reported it without amendment, and that it ought not to pass.

Mr. Borland, from the Committee on Public Lands, to whom was referred the bill (S. 114) granting to the State of Arkansas the right of way, and making a donation of a portion of the public lands, to aid in the construction of a railroad from Helena to Fort Smith, in Arkansas, reported it without amendment, and that it ought not to pass.

Mr. Shields, from the Committee on Military Affairs, to whom was referred the bill (H. R. 51) entitled “An act for the relief of David C. Cash and Giles U. Ellis,” reported it without amendment, and that it ought not to pass.

Mr. Shields, agreeably to notice, asked and obtained leave to bring in a bill (S. 135) to amend an act entitled “An act to incorporate the Washington Gas Light Company,” approved July 8, 1848; which was read the first and second times, by unanimous consent, and referred to the Committee on the District of Columbia.

Mr. Bayard, agreeably to notice, asked and obtained leave to bring in a bill (S. 136) concerning the sessions of the courts of the United States in the district of Delaware; which was read the first and second times, by unanimous consent, and referred to the Committee on the Judiciary.

Mr. Downs, from the Committee on Private Land Claims, to whom was referred the petition of John Ervin, submitted a report, accompanied by bill (S. 137) to confirm the claim of John Ervin to a certain tract of land in the Bastrop claim.

The bill was read, and passed to the second reading.

Ordered , That the report be printed.

Mr. Dawson, from the Committee on Military Affairs, to whom was referred the petition of George Poindexter, reported a bill (S. 138) for his relief; which was read, and passed to the second reading.

The Senate proceeded to consider the resolution submitted the 19th instant by Mr. Sebastian, to authorize the Committee on Indian Affairs to employ a clerk; and the resolution was agreed to.

Mr. Badger reported from the committee, that they had examined trod found truly enrolled the following bills:

S. 71. An act authorizing the Secretary of the Treasury to issue a register to the brig Ada.

S. 99. An act to provide a room for the Congressional Library.

Agreeably to notice, Mr. Gwin asked and obtained leave to bring in a bill (S. 139) for the appointment of a Superintendent of Indian Affairs in California; which was read the first and second times, by unanimous consent, and referred to the Committee on Indian Affairs.

Agreeably to notice, Mr. Gwin asked and obtained leave to bring in a bill (S. 140) to release the bonds given for duties on goods, Wares, and merchandise destroyed by fire in the city of San Francisco), in California, and for other purposes; which was read the first and second times, by unanimous consent, and referred to the Committee on Finance.

0134 134

Mr. Felch, from the Committee on Public Lands, to whom were referred the following bills:

S. 9. A bill to grant to the State of Missouri a right of way and a portion of the public land for the purpose of aiding in making a railroad from St. Louis to the western limits of said State;

S. 14. A bill granting to the State of Alabama the right of way and a donation of public land for making a railroad from Selma to the Tennessee river;

S. 28. A bill granting to the State of Michigan the right of way and a donation of public land for the construction of a ship canal around the falls of St. Mary's, in said State;

S. 29. A bill granting to the State of Michigan the right of way and a donation of public land for the purpose of constructing a road from Saginaw to Montreal river, with a branch from the Grand river into the same;

S. 35. A bill granting the right of way and making a donation of land to the State of Alabama in aid of the construction of the Mobile and Girard railroad;

S. 37. A bill granting to the State of Wisconsin a donation of public lands to aid in the construction of a railroad from the city of Milwaukie to the Mississippi river;

reported the same, with an amendment to each.

The Senate resumed the consideration of the joint resolution (S. R. 3) explanatory of the act approved September 28, 1850, entitled “An act granting bounty land to certain officers and soldiers who have been engaged in the military service of the United States,” with the amendment made thereto, as in Committee of the Whole.

On motion by Mr. Walker to amend the amendment, by adding thereto the following:

Sec . 3. And be it further enacted, That when any person, being a citizen of the United States, or having declared his or her intention to become such, according to existing laws, and being of the age of twenty-one years or upwards, or the head of a family, shall settle upon any of the public lands of the United States not reserved for forts, arsenals, dock-yards, navy-yards, or other needful buildings, or special purposes, or appropriated for other special uses, except such as are known to contain mines of the precious or gross metals or precious stones, and shall reside upon and cultivate the same, or a part thereof, for the term of five years, such person shall be allowed to enter without charge, in legal subdivisions, at the proper land office, the land so settled upon and occupied, not exceeding in quantity a quarter-section, or one hundred and sixty acres; the said settlement and occupancy to be manifested and proven according to such regulations as shall be adopted and promulgated by the Secretary of the interior: Provided, That when the settler shall not be a citizen of the United States, but shall have declared his intention only, as aforesaid, he or she shall not be allowed to make the entry aforesaid until he or she shall have perfected his or her naturalization, according to the laws of the United States:

It was determined in the negative,

Yeas 8

Nays 35

On motion by Mr. Walker,

The yeas and nays being desired by one-fifth of the senators present,

Those who voted in the affirmative are,

0135 135

Messrs. Dodge of Wisconsin, Douglas, Gwin, Seward, Sumner, Wade, Walker, Whitcomb.

Those who voted in the negative are.

Messrs. Atchison, Badger, Bayard, Bell, Berrien, Borland, Bradbury, Bright, Brodhead, Clarke, Clemens. Davis, Dawson, Dodge of Iowa, Felch, Foot, Geyer, Hamlin, Houston, Hunter, Jones of Iowa, Jones of Tennessee, King, McRae, Mallory, Mangum. Miller, Norris, Rusk, Sebastian, Smith, Spruance, Stockton, Underwood, Upham.

On motion by Mr. Walker to amend the amendment by adding thereto:

Provided, That not more than two land warrants of the denomination of one hundred and sixty acres each, or the equivalent thereof in warrants of a less denomination, shall be located by or in the name of the same individual upon any of the public lands:

It was determined in the negative.

On motion by Mr. Walker to amend the amendment, by adding thereto:

Provided, That no land warrant shall be located within six miles of any proposed railroad line or route, unless such location be intended for purposes of actual settlement, to be ascertained by the oath of the party proposing to make the location:

It was determined in the negative.

On motion by Mr. Gwin to amend the amendment, by adding thereto the following:

Sec . —. And be it further enacted, That every actual settler, being an American citizen, or having filed a declaration of intention to become such, whether the warrantee or assignee of a military bounty land warrant, shall be allowed to locate the same upon any public land inhabited and improved by such settler, provided the same be not mineral land, not exceeding in quantity one hundred and sixty acres, whether such land be subject to private entry or not, upon making proof to the satisfaction of the register and receiver, of actual inhabitancy and cultivation of the tract or tracts thus sought to be entered: Provided, That such locations shall not be permitted upon any land the price of which exceeds one dollar and twenty-five cents per acre, unless the difference in cash be first paid:

It was determined in the negative.

No further amendment being proposed, the amendment made as in Committee of the Whole was concurred in.

On the question, Shall this resolution be engrossed, and read a third time?

It was determined in the affirmative,

Yeas 35

Nays 3

On motion by Mr. Walker.

The yeas and nays being desired by one-fifth of the senators present,

Those who voted in the affirmative are,

Messrs. Bayard, Bell, Berrien, Borland, Bradbury, Brodhead, Clarke, Davis, Dawson, Dodge of Wisconsin, Douglas, Downs, Fish, Foot, Geyer, Hale, Hamlin, Hunter, James, Jones of Iowa, Jones of Tennessee, McRae, Mallory, Mangum, Miller, Norris, Pearce, Sebastian, Seward, Shields, Soulé, Spruance, Stockton, Sumner, Underwood.

Those who voted in the negative are,

Messrs. Gwin, Wade, and Walker.

0136 136

So it was

Ordered , That the resolution be engrossed, and read a third time.

After the consideration of executive business,

The Senate adjourned.

WEDNESDAY, January 21, 1852. Link to Annals.

The following message was received from the President of the United States, by Mr. Millard P. Fillmore, his secretary:

To the Senate and House of Representatives of the United States:

I communicate to both houses of Congress a report from the Department of State, containing copies of the correspondence which has taken place between that department and the minister of the United States in Paris, respecting the political occurrences which have recently taken place in France.

MILLARD FILLMORE

Washington , January 20, 1852.

The message was read.

Ordered , That it be referred to the Committee on Foreign Relations, and printed.

The President pro tempore laid before the Senate a report of the Secretary of War, communicating, in compliance with a resolution of the Senate of the 11th December, 1851, a copy of the proceedings of the general court-martial convened in this city the 23d of June, 1851, for the trial of Brevet Brigadier General George Talcott, colonel of ordnance; which was read.

Ordered , That it be referred to the Committee on Military Affairs.

The President pro tempore laid before the Senate a report of the Secretary of War, communicating, in compliance with a resolution of the Senate of the 9th December, 1851, a report of the chief topographical engineer in relation to inundations of the Mississippi river, with estimates of the appropriation required to complete the surveys and investigations heretofore directed; which was read.

Ordered , That it be printed.

On motion by Mr. Downs, that two thousand copies in addition to the usual number be printed, three hundred of which for the use of the Topographical Bureau,

Ordered , That this motion be referred to the Committee on Printing.

Mr. Clarke presented the petition of Julia M. Lawrence, widow of James Lawrence, a naval officer, and one of the captors of the frigate Philadelphia, praying to be allowed prize money; which was referred to the Committee on Naval Affairs.

Mr. Bell presented the memorial of the legal representatives of Isaac McCoy, deceased, praying the allowance of certain items rejected by the accounting officers in the settlement of his accounts as Indian commissioner in 1840 rind 1841; which was referred to the Committee on Indian Affairs.

Mr. Seward submitted a document in relation to the claim of the widow 0137 137 of Brigadier General Belknap to a pension; which was referred to the Committee on Pensions.

Mr. Pearce presented the memorial of Sarah A. Watson, widow of Lieutenant Colonel William Watson, praying a continuance of her pension; which was referred to the Committee on Pensions.

Mr. Pearce presented the memorial of merchants, underwriters and others, of Baltimore, Maryland, praying Congress to authorize a survey of certain shoals in the China seas, the straits of Gaspar and Jawa sea, which lie in the tracks of vessels proceeding to and from China; which was referred to the Committee on Commerce.

Mr. Underwood submitted an additional document in relation to the claim of William S. Waller; which was referred to the Committee on Claims.

Mr. Mallory presented the petition of H. L. Kenney, praying compensation for subsistence, forage, and other supplies furnished a company of Texas volunteers in 1849; which was referred to the Committee on Military Affairs.

Mr. Dodge, of Iowa, presented a petition of citizens of Jasper county, Iowa, praying the correction of an error in the entry of certain lands by Mescheck Dearinger and William Dearinger; which was referred to the Committee on Public Lands.

Mr. Dodge, of Iowa, presented a memorial of citizens of Iowa, praying a grant of land to that State for the construction of a railroad from Burlington to the Missouri river; which was referred to the Committee on Public Lands.

Mr. Wade presented the proceedings of the city council of the city of Cincinnati, in favor of an appropriation for the purchase of the private stock of the Louisville and Portland canal, a reduction of the tolls, and an enlargement of the canal; which were referred to the Committee on Roads and Canals.

Mr. Downs presented the memorial of Daniel N. Pope, praying the appointment of a tribunal to review the decisions of the late board of commissioners for the settlement of claims against Mexico; which was referred to the Committee on Foreign Relations.

Mr. Downs presented the memorial of Andrew J. Brame, praying the appointment of a tribunal for reviewing the decisions of the late board of commissioners for the settlement of claims against Mexico.

Ordered , That it be referred, with all similar memorials on file, presented during the present session, to the Committee on Foreign Relations.

The President pro tempore laid before the Senate a report of the Secretary of the Treasury, communicating, in compliance with a resolution of the Senate of March 12, 1851, a report on the statistics and history of the steam marine of the United States; which was read.

Ordered , That it be referred to the Committee on Commerce.

On motion by Mr. Downs,

Ordered , That the heirs of Andrew D. Crosby have leave to withdraw their petition and papers,

On motion by Mr. Bell,

Ordered , That the memorial of Arabella J. Strong, widow and executrix of Lorenzo N. Clark, on the files of the Senate, be referred to the Committee on Indian Affairs.

On motion by Mr. Felch,

Ordered , That the petition of John Watson, on the files of the Senate, be referred to the Committee on Indian Affairs.

0138 138

On motion by Mr. Felch,

Ordered , That the memorial of George Barrell and S. V. S. Wilder, on the files of the Senate, in behalf of themselves and the other heirs of the owners of the ship Columbia and sloop Washington, be referred to the Committee on Public Lands.

On motion by Mr. Dodge, of Iowa,

Ordered , That the documents on the files of the Senate, relating to the claim of Iowa militia, be referred to the Committee on Military Affairs; and that the letters of the Secretary of War and Adjutant General, accompanying the same, be printed.

On motion by Mr. Gwin,

Ordered , That the memorial of McKean Buchanan, on the files of the Senate, be referred to the Committee on Naval Affairs.

On motion by Mr. Wade,

Ordered , That Bryan Callaghan have leave to withdraw his petition and papers.

Mr. Badger submitted the following resolution; which was read:

Resolved , That each of the new members of the Senate be supplied with the same number and description of books as were furnished to each of the members of the Senate of the last Congress.

The Senate proceeded to consider the resolution submitted by Mr. Hamlin, the 20th instant, in relation to the census returns; and having been amended, was agreed to, as follows:

Resolved , That the Secretary of the Interior be requested to furnish the Senate with an estimate of the number of pages which the census returns will contain, if the same shall be completed on the plan now pursued by the Census Bureau; also, what part of the same will be composed of statistical tables, and what part of other matter, and whether there are any tables accompanying the same not designated by law.

Mr. Dodge, of Wisconsin, from the Committee on Commerce, to whom was referred the memorial of Charles S. Jackson, submitted a report; which was considered by unanimous consent; and, in concurrence therewith,

Ordered , That the committee be discharged from the further consideration thereof.

On motion by Mr. Dodge, of Wisconsin,

Ordered , That the report be printed.

Mr. Hamlin, from the Committee on Commerce, to whom was referred the petition of the citizens of Martinicus, reported a bill (S. 141) to annex the island of Martinicus, in the county of Lincoln, State of Maine, to the collection district of Waldoboro, in said county; which was read, and passed to the second reading.

Mr. Hamlin, from the Committee on Commerce, to whom was referred the memorial of the chamber of commerce of Charleston, South Carolina, and other memorials, asking further relief for the protection of American seamen, submitted a report; which was ordered to be printed.

Mr. Soulé, from the Committee on Commerce, to whom was referred the petition of John S. Maunsell, reported a bill (S. 142) to admit the hermaphrodite brig Sylphide to registry; which was read, and passed to the second reading.

The said bill was read the second time, by unanimous consent, and considered 0139 139 as in Committee of the Whole; and, no amendments being made, it was reported to the Senate.

Ordered , That it be engrossed, and read a third time.

Mr. Seward, from the Committee on Commerce, reported a bill (S. 143) to authorize an exploration and reconnoissance of the courses of navigation used by whaling vessels in the regions of Bhering's straits, and also of such parts of the China seas, straits of Gaspar, and Java sea, as lie directly in the route of vessels proceeding to and from China; which was read, and passed to the second reading.

Mr. Seward also submitted a report on the subject, which was ordered to be printed.

Mr. Foot, of Vermont, from the Committee on Pensions, to whom was referred the petition of William Miller, submitted a report, accompanied by a bill (S. 144) for his relief.

The bill was read, and passed to the second reading.

Ordered , That the report be printed.

Mr. Bayard, from the Committee of Claims, to whom was referred the memorial of Ezra Williams, submitted a report, accompanied by a bill (S. 145) for his relief.

The bill was read, and passed to the second reading.

Ordered , That the report be printed.

Mr. Bradbury, from the Committee on the Judiciary, to whom was referred the bill (H. R. 4) authorizing the payment of interest to the State of New Hampshire for advances made for the use and benefit of the United States in repelling invasion and suppressing insurrection at Indian Stream, in that State, reported it without amendment.

The Senate proceeded to consider, as in Committee of the Whole, the bill (H. R. 4) last mentioned; and, no amendment being made, it was reported to the Senate.

Ordered , That it pass to the third reading.

The said bill was read a third time.

Resolved , That it pass.

Ordered , That the Secretary notify the House of Representatives thereof.

The engrossed resolution (S. 3) explanatory of the act approved September 28, 1850, entitled “An act granting bounty land to certain officers and soldiers who have been engaged in the military service of the United States,” was read the third time; and the title was amended.

Resolved , That it pass, and that the title thereof be “An act to make land warrants assignable, and for other purposes.”

Ordered , That the Secretary request the concurrence of the House of Representative therein.

The Senate proceeded to consider, as in Committee of the Whole, the bill (S. 19) to extend the time for selecting lands granted to the State of Wisconsin for saline purposes, with the amendment reported, thereto; and the reported amendment having been agreed to, the bill was reported to the Senate, and the amendment was concurred in.

Ordered , That it be engrossed, and read a third time.

The bill (S. 70) for the relief of the widows and relatives of certain officers and seamen of the United States brig Washington, who were lost overboard in a hurricane, was read the Second time, and considered as in 0140 140 Committee of the Whole; and having been amended, it was reported to the Senate, and the amendment was concurred in.

Ordered , That it be engrossed, and read a third time.

The Senate resumed, as in Committee of the Whole, the consideration of the joint resolution (H. R. 5) providing for the binding of certain documents; and, no amendment being made, it was reported to the Senate.

Ordered , That it pass to a third reading.

The said resolution was read the third time.

Resolved , That it pass.

Ordered , That the Secretary notify the House of Representatives thereof.

The Senate proceeded to consider, as in Committee of the Whole, the bill (S. 74) to authorize the State of Illinois to select the residue of the lands to which she is entitled under the act of 2d March, 1827, granting land to aid that State in opening a canal to connect the waters of the Illinois river with those of Lake Michigan; and, no amendment being made, it was reported to the Senate.

Ordered , That it be engrossed, and read a third time.

The Senate proceeded to consider the resolution reported by Mr. Gwin, from the Committee on Naval Affairs, the 20th instant, in relation to printing the proceedings of the court of inquiry in the case of Captain Latimer, of the navy; and, in concurrence therewith,

Resolved , That the charges and specifications, and also the report and opinion of a court of inquiry, in the case of William K. Latimer, and the letter of the Secretary of the Navy transmitting the same, and the general order in said case, dated July 1, 1851, be printed for the use of the Senate.

A message from the House of Representatives, by Mr. Forney, their Clerk:

Mr. President: The Speaker of the House of Representatives having signed two enrolled bills, I am directed to bring them to the Senate for the signature of their President.

The President pro tempore signed the two enrolled bills (S. 71 and S. 99) last reported to have been examined, and they were delivered to the committee to be presented to the President of the United States.

The Senate proceeded to consider, as in Committee of the Whole, the bill (S. 1) granting the right of way and making a grant of land to the State of Iowa in aid of the construction of certain railroads in said State; and,

On motion by Mr. Davis,

The Senate adjourned.

THURSDAY, January 22, 1852. Link to Annals.

Mr. Sebastian presented a report and resolutions adopted by the New Orleans Chamber of Commerce, relative to the causes of the explosion of steam-boilers, and the means of their prevention; which were referred to the Committee on Commerce.

Mr. Davis presented the petition of citizens of Marblehead, Massachusetts, praying the repair of the sea-wall in the harbor of that town; which was referred to the Committee on Commerce.

Mr. Morton presented a petition of George Jennings and others, praying that Thomas D. Jennings may be allowed to enter a certain tract of land settled by his father; which was referred to the Committee on Private Land Claims.

0141 141

Mr. Morton presented the petition of William B. Davis, praying indemnity for losses sustained at Indian river during an outbreak of the Indians in Florida, in the year 1849; which was referred to the Committee of Claims.

Mr. Morton presented a petition the assistant marshals for taking the census in Jackson and Calhoun counties, in Florida, praying additional compensation; which was referred to the Committee of Claims.

Mr. Underwood presented the memorial of H. C. Allensworth, praying the appointment of a board to review the decisions of the late board of commissioners for settling claims against Mexico; which was referred to the Committee on Foreign Relations.

Mr. Underwood presented the petition of John B. Amos, praying remuneration for losses incurred in consequence of a change in his contract for carrying the mail; which was referred to the Committee on the Post Office and Post Roads.

Mr. Smith presented the petition of the children and heirs of John Fanning, a surgeon's mate in the revolutionary war, praying compensation for his services; which was referred to the Committee on Revolutionary Claims.

Mr. Foot presented resolutions passed by the legislature of Florida, in favor of a distribution of the decisions of the Supreme Court of the United States among the States; which were referred to the Committee on the Judiciary.

Mr. Foot presented a resolution passed by the legislature of Vermont, in favor of a grant of public land for the endowment of hospitals for the indigent insane; which was referred to the Committee on Public Lands.

On motion by Mr. Smith,

Ordered , That the petition of Samuel W. Chilson, on the files of the Senate, be referred to the Committee on the Post Office and Post Roads.

On motion by Mr. Bell,

Ordered , That the memorials of members of the bar of East Tennessee, on the files of the Senate, relating to the appointment of a separate judge for that district, be referred to the Committee on the Judiciary.

On motion by Mr. Miller,

Ordered , That the petition of Samuel S. Marcy and others, on the files of the Senate, be referred to the Committee of Claims.

On motion by Mr. Dodge, of Iowa,

Ordered , That Elisha Hampton and others have leave to withdraw the documents on the files of the Senate relating to their claim.

On motion by Mr. Brodhead,

Ordered , That the petition of Mary E. D. Blaney, widow of George Blaney, on the files of the Senate, be referred to the Committee of Claims.

On motion by Mr. Gwin,

Ordered , That leave be granted to withdraw from the files of the Senate the petition of citizens of San Francisco, California, presented January 2, 1852, in relation to the establishment of a branch mint at that place.

On motion by Mr. Underwood,

Ordered , That William Tell Zollickoffer have leave to withdraw his petition and papers.

On motion by Mr. Hale, that two thousand additional copies of the charges and specifications before a court of inquiry against William K. 0142 142 Latimer, a captain in the navy of the United States, and the accompanying papers, which were ordered to be printed, be printed for the use of the Senate,

Ordered , That the motion be referred to the Committee on Printing.

Mr. Walker, from the Committee on Revolutionary Claims, reported the following resolution; which was read:

Resolved , That the Committee on Revolutionary Claims be authorized to employ a clerk to said committee during the present session, at the usual compensation.

Mr. Sebastian submitted the following resolution; which was considered, by unanimous consent, and agreed to:

Resolved , That the Secretary of the Interior be and he is hereby directed to communicate to the Senate copies of all correspondence between his department, including the Commissioner of Indian Affairs, and persons claiming to be creditors of the Western Cherokees, since the last session of Congress.

Mr. Hunter submitted the following resolution; which was considered, by unanimous consent, and agreed to:

Resolved , That the Secretary of the Treasury he requested to furnish, for the information of the Senate, a detailed statement of all cases where seizure and confiscation in pursuance of law may have taken place on the ground of undervaluation, or fraud, either in the invoice or entry made or attempted to be made, at the custom-house of any collection district of the United States, since the tariff act of the 30th July, 1846, went into operation; describing any such goods, and stating the place or country from whence imported; together with a like statement of all seizures and confiscations and prosecutions, if any, that may have taken place in pursuance of the directions of the collectors and other officers of the customs, contained in the circular instructions issued by the Secretary of the Treasury under date of the 12th October, 1849, in the following terms, to wit: “where the value declared in the entry shall, on due appraisement of the goods, be found to be so far below the foreign cost or market value as to raise a presumption of being fraudulently invoiced, seizure and confiscation of the goods should take place under the provisions of the act of 2d March, 1799, and prosecution of the offending party under the 19th section of the tariff act of the 30th August, 1842, instituted.”

Mr. Hunter submitted the following resolution; which was considered, by unanimous consent, and agreed to:

Resolved , That the Secretary of War be requested to furnish, for the use of the Senate of the United States, a copy of an original letter on the files of his department, from Colonel Benjamin Huger to General George Talcott, bearing date at Fort Monroe arsenal, November 5, 1850.

Mr. Jones, of Iowa, reported from the committee, that they had presented to the President of the United States the bill (S. 71) authorizing the Secretary of the Treasury to issue a register to the brig Ada; also the bill (S. 99) to provide a room for the Congressional Library.

Mr. Upham, from the Committee on the Post Office and Post Roads, to whom was referred the memorial of Ira Day, submitted a report, accompanied by a bill (S. 147) for his relief.

The bill was read, and passed to a second reading.

Ordered , That the report be printed.

0143 143

Mr. Borland, from the Committee on Pensions, to whom was referred the bill (S. 33) for the relief of Mrs. E. A. McNeil, widow of the late General John McNeil, reported it without amendment.

Mr. Sebastian, agreeably to notice, asked and obtained leave to bring in the following bills:

S. 148. A bill to revive, for a limited time, an act in relation to donations of land to certain persons in the State of Arkansas.

S. 149. A bill to release from reservation, and restore to the mass of public lands, certain lands in the S rate of Arkansas.

The said bills were read the first and second times, by unanimous consent, and referred to the Committee on Public Lands.

Mr. Hunter, agreeably to notice, asked and obtained leave to bring in a resolution (S. R. 14) in relation to ice-boats in the Potomac river; which was read the first and second times, by unanimous consent, and referred to the Committee on the Post Office and Post Roads.

Mr. Borland, from the Committee on Printing, to whom was referred the motion to print two thousand additional copies of the report of the Secretary of War in relation to the inundations of the river Mississippi, reported thereon; and, in concurrence with the report,

Ordered , That three thousand additional copies be printed of the said report, three hundred of which for the use of the Topographical Bureau.

The Senate proceeded to consider the resolution submitted yesterday by Mr. Badger, to supply the new members of the Senate with the same number and description of books as were furnished the members of the Senate of the last Congress; and,

The resolution was agreed to.

The Senate proceeded to consider the resolution submitted by Mr. Sumner, the 19th instant, in relation to abolishing the spirit ration in the navy, and increasing the pay of the enlisted seamen; and,

The resolution was agreed to.

The resolution submitted by Mr. Norris, the 20th instant, in relation to settling the accounts for reporting the proceedings of the Senate, was read the second time, and considered as in Committee of the Whole; and, no amendment being made, it was reported to the Senate.

Ordered , That it be engrossed, and read a third time.

The following engrossed bills were severally read a third time:

S. 19. A bill to extend the time for selecting lands granted to the State of Wisconsin for saline purposes.

S. 70. A bill for the relief of the widows and relatives of certain officers and seamen of the United States brig Washington, who were lost overboard in a hurricane.

S. 74. A bill to authorize the State of Illinois to select the residue of the lands to which she is entitled under the act of 2d March, 1827, granting land to aid that State in opening a canal, to connect the waters of the Illinois river with those of Lake Michigan.

S. 142. A bill to admit the hermaphrodite brig Sylphide to registry.

Resolved , That the said bills pass, and that their respective titles be as aforesaid.

Ordered , That the Secretary request the concurrence of the House of Representatives therein.

The Senate resumed the consideration of the memorial presented by Mr. 0144 144 Brodhead, the 17th December, in relation to the enforcement of discipline in the navy and commercial marine of the United States; and,

On motion by Mr. Gwin,

Ordered , That it be referred to the Committee on Naval Affairs.

Mr. Jones, of Iowa, reported from the committee, that they had examined and found duly enrolled the bill (H. R. 4) authorizing the payment of interest to the State of New Hampshire for advances made for the use and benefit of the United States in repelling invasion and suppressing insurrection at Indian Stream, in that State; also the joint resolution (H. R. 5) providing for the binding of certain documents.

A message from the House of Representatives, by Mr. Forney, their Clerk:

Mr. President: The Speaker of the House of Representatives having signed an enrolled bill and an enrolled resolution, I am directed to bring them to the Senate for the signature of their President.

The President pro tempore signed the enrolled bill and the enrolled resolution last reported to have been examined, and they were delivered to the committee to be presented to the President of the United States.

The Senate resumed, as in Committee of the Whole, the consideration of the bill (S. 1) granting the right of way and making a grant of land to the State of Iowa in aid of the construction of certain railroads in said State; and,

After debate,

On motion by Mr. Douglas,

Ordered , That the further consideration thereof be postponed until to-morrow.

After the consideration of executive business,

The Senate adjourned.

FRIDAY, January 23, 1852. Link to Annals.

The Senate proceeded to consider, as in Committee of the Whole, the following bills and joint resolution:

S. 68. A bill for the relief of Charles A. Kellett;

S. 69. A bill for the relief of Enoch Baldwin and others;

S. 77. A bill for the relief of the heirs and representatives of Colonel Alexander G. Morgan;

S. R. 10. Joint resolution for the relief of Alexander P. Field, late secretary of Wisconsin Territory; and,

No amendment being made, they were reported to the Senate.

Ordered , That they be engrossed, and read a third time.

The bill (S. 112) for the relief of Julia Acken was read the second time, and considered as in Committee of the Whole; and, no amendment being made, it was reported to the Senate.

On the question, Shall this bill be engrossed and read a third time?

It was determined in the affirmative,

Yeas 26

Nays 9

On motion by Mr. Norris,

The yeas and nays being desired by one-fifth of the senators present,

Those who voted in the affirmative are,

0145 145

Messrs. Atchison, Badger, Bayard, Borland, Cass, Clarke, Dodge of Wisconsin, Downs, Fish, Geyer, Hale, James, Jones of Iowa, Jones of Tennessee, King, McRae, Mallory, Mangum, Miller, Sebastian, Shields, Smith, Soulé, Spruance, Upham, Wade.

Those who voted in the negative are,

Messrs. Bell, Bradbury, Dawson, Dodge of Iowa, Felch, Hamlin, Norris, Underwood, Whitcomb.

So it was

Ordered , That this bill be engrossed, and read a third time.

The Senate proceeded to consider, as in Committee of the Whole, the bill (H. R. 30) for the relief of the Virginia Woolen Company; and, no amendment being made, it was reported to the Senate.

Ordered , That it pass to a third reading.

The said bill was read a third time.

Resolved , That it pass.

Ordered , That the Secretary notify the House of Representatives thereof.

The Senate proceeded to consider, as in Committee of the Whole, the bill (H. R. 50) for the relief of Edward Everett, late a sergeant in the United States army; and, no amendment being made, it was reported to the Senate.

Ordered , That it pass to a third reading.

The said bill was read the third time.

Resolved , That it pass.

Ordered , That the Secretary notify the House of Representatives thereof.

The Senate proceeded to consider, as in Committee of the Whole, the bill (S. 80) for the relief of Thomas H. Leggett; and,

On motion by Mr. Hunter,

Ordered , That it lie on the table.

The Senate proceeded to consider, as in Committee of the Whole, the bill (S. 81) for the relief of John R. Bryan, administrator of Isaac Garretson, deceased, late a purser in the United States navy; and,

On motion by Mr. Mangum,

Ordered , That it lie on the table.

On motion by Mr. Badger,

That when the Senate adjourn, it be to Monday next,

It was determined in the affirmative,

Yeas 31

Nays 10

On motion by Mr. Hale,

The yeas and nays being desired by one-fifth of the senators present,

Those who voted in the affirmative are,

Messrs. Atchison, Badger, Bayard, Bell, Berrien, Borland, Bradbury, Clarke, Davis, Dawson, Felch, Fish, Geyer, Hamlin, Hunter, James, Jones of Tennessee, King, McRae, Mangum, Miller, Norris, Sebastian, Shields, Smith, Soulé, Spruance, Underwood, Upham, Wade, Whitcomb.

Those who voted in the negative are,

Messrs. Cass, Dodge of Wisconsin, Dodge of Iowa, Douglas, Downs, Hale, Houston, Jones of Iowa, Mallory, Walker.

So it was

Ordered ,That when the Senate adjourn, it be to Monday next. 10

0146 146

A message from the President of the United States, by Mr. M. P. Fillmore, his secretary:

Mr. President: The President of the United States approved and signed, the 23d of January, the following acts:

S. 71. An act authorizing the Secretary of the Treasury to issue a register to the brig Ada.

S. 99. An act to provide a room for the Congressional Library.

Ordered , That the Secretary notify the House of Representatives thereof.

The bill (S. 103) for the relief of A. H. Cole was read the second time, and considered as in Committee of the Whole; and having been amended, it was reported to the Senate, and the amendment was concurred in.

Ordered , That this bill be engrossed, and read a third time.

The bill (S. 118) for the relief of the children of Captain Erastus A. Capron was read the second time, and considered as in Committee of the Whole; and, having been amended, it was reported to the Senate, and the amendment was concurred in.

Ordered , That this bill be engrossed, and read a third time.

The Senate proceeded to consider, as in Committee of the Whole, the bill (S. 54) for the relief of Theodore Offut; and, having been amended, it was reported to the Senate, and the amendment was concurred in.

Ordered , That this bill be engrossed, and read a third time.

The following bills were read a second time, and considered as in Committee of the Whole:

S. 104. A bill for the relief of James Dunning;

S. 116. A bill to provide for the final settlement of the accounts of Jonathan Kearsley, late receiver of public moneys at Detroit; and of John Biddle, late register of the land office at that place;

S. 119. A bill for the compensation of James W. Low and others for the capture of the British private armed schooner Ann during the late war with Great Britain;

S. 124. A bill for the relief of Elizabeth Monroe;

And no amendment being made, they were severally reported to the Senate.

Ordered , That they be engrossed, and read a third time.

The bill (S. 125) for the relief of Mary W. Thompson was read the second time, and considered as in Committee of the Whole; and,

On motion by Mr. Hunter,

The Senate adjourned.

MONDAY, January 26, 1852. Link to Annals.

The following message was received from the President of the United States, by Mr. M. P. Fillmore, his secretary:

To the Senate of the United States:

In compliance with a resolution of the Senate passed March 13, 1851, I herewith transmit a report of the Secretary of War containing information in regard to the claims of citizens of California for services rendered, and 0147 147 for money and for property furnished, in 1846 and 1847, in the conquest of that country.

MILLARD FILLMORE.

Washington , January 22, 1852.

The message was read.

On motion by Mr. Gwin,

Ordered , That it lie on the table.

The President pro tempore laid before the Senate a report of the Secretary of the Treasury, accompanied by a list of contracts made by that department for light-house purposes for the year 1851; which was read.

On motion by Mr. Davis,

Ordered , That it be referred to the Committee on Commerce.

Mr. Wade presented a petition of citizens of Ashtabula, Ohio, praying the establishment of a telegraphic communication between Fort Independence and the Pacific ocean; which was referred to the Committee on the Post Office and Post Roads.

Mr. Wade presented the proceedings of a meeting of citizens of Canton, Ohio, recommending the interposition of the government of the United States in behalf of the people of Hungary; which were referred to the Committee on Foreign Relations,

Mr. Hale presented the petition of Samuel Knox, praying bounty land for services during the revolutionary war; which was referred to the Committee on Revolutionary Claims.

Mr. Hale presented a petition of citizens of Millsborough, Pennsylvania, praying the repeal of the late law for the delivery of fugitives from service or labor, and a petition of citizens of Millsborough, Pennsylvania, praying the abolition of slavery in the District of Columbia.

Ordered , That they lie on the table.

Mr. Davis presented the petition of the administrator of William Johonnot, deceased, praying to be allowed interest on commutation pay; which was referred to the Committee on Revolutionary Claims.

Mr. Davis presented a petition of citizens of St. Lawrence county, New York, praying the construction of ship canals around the falls of Niagara and the Sault Ste. Marie; which was referred to the Committee on Commerce.

Mr. Shields presented the memorial of the rector and vestry of St. John's Church, in the city of Washington, praying that a deed may be executed to them by the Commissioner of Public Buildings for a public square used as a burial-ground, under the authority of a former President, and that the purchase-money which they were compelled to pay for the same may be refunded; which was referred to the Committee on the District of Columbia.

Mr. Shields presented a petition of residents of Hancock county, Illinois, praying a grant of land to that State to aid in the construction of the Warsaw and Peoria and the Warsaw and Rockford railroads; which was referred to the Committee on Public Lands.

Mr. Shields presented three petitions of citizens of Illinois, praying the right of way and a grant of land for the construction of a railroad from Shawneetown to the Mississippi river opposite St. Louis; which were referred to the Committee on Public Lands.

0148 148

Mr. Shields presented the memorial of Daniel Bread and others, Oneida chiefs, praying compensation for the capture of three British gun-boats during the war of 1812; which was referred to the Committee on Military Affairs.

Mr. Shields presented a petition of F. E. Hunt and other officers of the army, stationed at Fort Leavenworth, Missouri, praying that certain recommendations of the Secretary of War in relation to rank and command in the army, submitted to Congress, may not receive the sanction of that body; which was referred to the Committee on Military Affairs.

Mr. Gwin presented a petition of the workingmen employed at the Washington navy-yard, praying that pensions may be allowed for long and faithful services, and for disability incurred in the discharge of their duty; which was referred to the Committee on Naval Affairs.

Mr. Gwin presented a resolution of the legislature of California, instructing the senators and requesting the representatives of that State in Congress to use their exertions to obtain an appropriation for the relief of J. J. Petrie, William Waldo, and Charles N. Hall, for money expended by them in succoring destitute emigrants; which was referred to the Committee on Finance, and ordered to be printed.

Mr. Gwin presented the petition of Jonas P. Levy, proposing to open communication from Vera Cruz and Alvarado, on the Gulf of Mexico, to Huatulco on the Pacific, and to convey the mails between New York, New Orleans, and San Francisco, in twenty days; which was referred to the Committee on Naval Affairs.

Mr. Mason presented a memorial of a committee of the corporation of Georgetown, in the District of Columbia, praying the removal of obstructions in the Potomac river below that town, caused by the bridge across said river at the city of Washington; which was referred to the Committee on the District of Columbia.

Mr. Borland presented the petition of James D. Johnson, praying to be allowed the difference between the pay of a master and a lieutenant in the navy during the time he performed the duties of the latter while a master on board the United States storeship Relief; which was referred to the Committee on Naval Affairs.

Mr. Downs presented the memorial of the heirs of Thomas C. Lewis, praying a relinquishment of the title of the United States to certain land claimed by them within the Bastrop grant; which was referred to the Committee on Private Land Claims.

Mr. Atchison presented the petition of Nathaniel Mothershead, praying pension for services in the last war with Great Britain; which was referred to the Committee on Pensions.

Mr. Wade presented the petition of Ira Reynolds, complaining of the rejection by the officers of the Patent Office, of his application for letters patent for certain improvements in the plough and seed-drills, and praying Congress to investigate the matter and direct the issue of patents for so much of his improvements as may be found to be new and useful inventions which was referred to the Committee on Patents trod the Patent Office.

Mr. Cass presented the memorial of the widow of John Scollay, praying pension for the services of her husband in the revolutionary war; which was referred to the Committee on Pensions.

Mr. Cass presented the petition of the widow of Ebenezer Brown, praying 0149 149 a pension for the services of her husband in the revolutionary war; which was referred to the Committee on Pensions.

Mr. Cass presented the petition of Johnson Lykins, praying that a permit may be issued to him to work certain tin mines which he has discovered on the branches of the Kansas river; which was referred to the Committee on Public Lands.

Mr. Underwood presented a petition of citizens of the counties of Clarke and Fayette, in Kentucky, praying the adoption of measures for the amicable adjustment of international difficulties, without recourse to war; which was referred to the Committee on Foreign Relations.

Mr. Dawson presented the memorial of W. C. Daniell, praying the construction of a ship channel across Hutchison's island, as the most effective method of overcoming the obstructions known as the “wrecks,” in the Savannah river; which was referred to the Committee on Commerce.

Mr. Dawson presented the petition of John I. Sykes, praying compensation for services rendered under an appointment from the special agent of the Post Office Department for California; which was referred to the Committee on the Post Office and Post Roads.

Mr. Upham presented a resolution of the legislature of Vermont, requesting the senators and representatives of that State in Congress to use all proper exertions to procure the effectual suppression of the slave trade.

Ordered , That it lie on the table, and be printed.

Mr. Pearce presented a memorial of underwriters and merchants of Baltimore, Maryland, praying that the salary of the district judge of the United States at Key West may be increased; which was referred to the Committee on the Judiciary.

Mr. Pearce presented a memorial of John F. Gilpin and others, creditors of the late republic of Texas, praying the enactment of such law as will enable them to obtain payment of their claims against that republic at the treasury of the United States; which was referred to the Committee on Finance.

Mr. Gwin presented a resolution of the legislature of California in favor of an appropriation for compensating Nathaniel McMenafee for the relief extended by him to the destitute overland emigrants to that State; which was referred to the Committee on Finance, and ordered to be printed.

Mr. Mason presented the petition of Bancroft Woodcock, praying an extension of his patent for an improvement in the construction of the plough; which was referred to the Committee on Patents and the Patent Office.

On motion by Mr. McRae,

Ordered , That the memorial of the West Feliciana Railroad Company, on the files of the Senate, be referred to the Committee on Finance.

On motion by Mr. Norris,

Ordered , That the documents on the files of the Senate, relating to the claim of the legatees of Thomas D. Anderson, be referred to the Committee on Foreign Relations.

On motion by Mr. Pearce,

Ordered , That John McColgan have leave to withdraw his petition and papers.

On motion by Mr. Soulé,

0150 150

Ordered , That the petition of Peter N. Paillet, on the files of the Senate, be referred to the Committee of Claims.

On motion by Mr. Shields,

Ordered , That the memorial of George Talcott, presented the 11th December last, be referred to the Committee on Military Affars.

Mr. Shields submitted the following resolution; which was considered, by unanimous consent, and agreed to:

Resolved , That the Secretary of War be requested to transmit to the Senate a copy of a letter from Brigadier General Talcott to Colonel B. Huger, dated November 1, 1850; the purport of which was stated in the proceedings, but the original letter was not found until afterwards, and forwarded to the War Department by Colonel Huger.

Mr. Clarke submitted the following resolution; which was considered, by unanimous consent, and agreed to:

Resolved , That the President of the United States be requested to communicate to the Senate, if not incompatible with the public interest, the report of Mr. Ballastier, late consul at Singapore, upon his mission to Eastern Asia, together with such of his correspondence and reports, including his negotiations with the Sultan of Borneo, as may be deemed of public interest.

Mr. Gwin submitted the following resolution; which was considered, by unanimous consent, and agreed to:

Resolved , That the Secretary of the Interior be directed to communicate to the Senate a copy of such instructions as may have been given by the department to the commissioners appointed pursuant to the act of Congress, approved 3d March, 1851, entitled “An act to ascertain and settle the private land claims in the State of California,” with a copy of such instructions as may have been transmitted to the surveyor general of California in connexion with the subject.

Mr. Jones, of Iowa, reported from the committee that they had examined and found duly enrolled the following bills:

H. R. 30. An act for the relief of the Virginia Woolen Company.

H. R. 50. An act for the relief of Edward Everett.

Mr. Foot, from the Committee on Pensions, to whom was referred the memorial of Hugh W. Dobbin, submitted an adverse report; which was read.

Mr. Foot, from the Committee on Pensions, to whom was referred the petition of Brinton Paine, submitted an adverse report; which was read.

Mr. Foot, from the Committee on Pensions, to whom were referred the documents in support of the claim of Samuel Crapin, submitted an adverse report; which was read.

Mr. Foot, from the Committee on Pensions, to whom was referred the petition of Leonard J. Thomas, submitted an adverse report; which was read.

Mr. Wade, from the Committee of Claims, to whom was referred the memorial of the heirs and executors of Samuel Prioleau, submitted an adverse report; which was read.

On motion by Mr. Walker,

Ordered , That the Committee on Revolutionary Claims be discharged from the further consideration of the petition of Martha Gray, and that it be referred to the Committee on Public Lands.

0151 151

Mr. Borland, from the Committee on Printing, to whom was referred, the 29th December, a resolution in relation to printing a geological report of Dr. D. D. Owen, reported the same with an amendment.

The Senate proceeded to consider the report; and in concurrence therewith,

Resolved , That five thousand five hundred copies of the report of Dr. D. D. Owen, on the geology of Iowa, Wisconsin, and Minnesota, be printed, in accordance with the resolution of the Senate, at its last session, requiring the same to be printed under the direction of the Commissioner of the Genera. Land Office; and that five hundred copies of the same be for the use of the General Land Office, two hundred copies to be given to Dr. Owen, and three hundred copies to the Smithsonian Institution for distribution.

Mr. Badger, from the Committee on Naval Affairs, to whom was referred a bill (S. 38) for the relief of M. K. Warrington and C. St. J. Chubb, executors of Captain Lewis Warrington, reported the same without amendment, and submitted a report on the subject; which was ordered to be printed.

Mr. Jones, of Iowa, from the Committee on Pensions, to whom was referred the petition of Frances P. Gardiner, submitted a report, accompanied by a bill (S. 150) for her relief.

The bill was read, and passed to the second reading.

Ordered , That the report be printed.

Mr. Borland, from the Committee on Printing, to whom was referred, the 22d instant, a motion by Mr. Hale, that two thousand additional copies of the charges and specifications before a court of inquiry against William K. Latimer, a captain in the navy of the United States, and the accompanying papers, be printed for the use of the Senate, reported thereon.

The Senate proceeded to consider the motion; and,

On motion by Mr. Atchison,

Ordered , That the further consideration thereof be postponed until to-morrow.

Mr. Atchison, from the Committee on Indian Affairs, to whom was referred the bill (S. 111) for the relief of William A. Richmond, reported it with an amendment.

Mr. Bradbury, from the Committee on the Judiciary, to whom was referred the bill (S. 136) concerning the sessions of the courts of the United States in the district of Delaware, reported it without amendment.

Mr. James, from the Committee on Patents and the Patent Office, to whom was referred the petition of Zebulon Parker, reported a bill (S. 151) for his relief; which was read, and passed to the second reading.

Mr. Whitcomb, from the Committee of Claims, to whom was referred the petition of Mary B. Renner, submitted a report, accompanied by a bill (S. 152) for the relief of John F. Callan, administrator of Daniel Renner, deceased.

The bill was read, and passed to the second reading.

Ordered , That the reported be printed.

Mr. Downs, from the Committee on Private Land Claims, to whom was referred the petition of T. H. McManus, reported a bill (S. 153) to authorize T. H. McManus to enter by pre-emption certain lands in the Greensburg land district, Louisiana; which was read, and passed to the second reading.

0152 152

Mr. Badger, from the Committee on Naval Affairs, reported a bill (S. 154) to enforce discipline and promote good conduct in the naval service of the United States; which was read, and passed to the second reading.

The Senate proceeded to consider the resolution reported by Mr. Walker, the 22d instant, to authorize the Committee on Revolutionary Claims to employ a clerk; and the resolution was agreed to.

Agreeably to notice, Mr. Whitcomb asked and obtained leave to bring in a bill (S. 155) granting the right of way and making a grant of land to the States of Indiana, Illinois, and Iowa in aid of the construction of railroad from the Wabash to the Missouri river; which was read, and passed to the second reading.

A message from the House of Representatives, by Mr. Forney, their Clerk:

Mr. President: The Speaker of the House of Representatives having signed two enrolled bills, I am directed to bring them to the Senate for the signature of their President.

The President pro tempore signed the two enrolled bills (H. R. 30 and H. R. 50) this day reported to have been examined, and they were delivered to the committee to be presented to the President of the United States.

The Senate proceeded to consider, as in Committee of the Whole, the bill (S. 125) for the relief of Mary W. Thompson; and,

On motion by Mr. Jones, of Iowa,

Ordered , That the further consideration thereof be postponed to Friday next.

The Senate proceeded to consider, as in Committee of the Whole, the resolution (S. R. 13) reaffirming the doctrine of non-intervention; and,

On motion by Mr. Clarke,

Ordered , That the further consideration thereof be postponed to Wednesday, the 4th February next.

The following engrossed bills and joint resolution were severally read a third time:

S. 54. An act for the relief of Theodore Offut.

S. 68. An act for the relief of Charles A. Kellett.

S. 69. An act for the relief of Enoch Baldwin and others.

S. 77. An act for the relief of the heirs and representatives of Colonel Alexander E. Morgan.

S. 103. An act for the relief of A. H. Cole.

S. 104. An act for the relief of James Dunning.

S. 112. An act for the relief of Julia Acken.

S. 116. An act to provide for the final settlement of the accounts of Jonathan Kearsley, late receiver of public moneys at Detroit, and of John Biddle, late register of the land office at that place.

S. 118. An act for the relief of the children of Captain Erastus A. Capron.

S. 119. An act for the compensation of James W. Low and others for the capture of the British private armed schooner Ann during the late war with Great Britain.

S. 124. An act granting a pension to Elizabeth Monroe.

S. R. 10. Resolution for the relief of Alexander P. Field, late secretary of Wisconsin Territory.

Resolved , That they pass, and that their respective titles be as aforesaid.

0153 153

Ordered , That the Secretary request the concurrence of the House of Representatives therein.

The Senate resumed, as in Committee of the Whole, the consideration of the bill (S. 1) granting the right of way and making a grant of land to the State of Iowa in aid of the construction of certain railroads, with the amendment reported thereto.

An amendment to the reported amendment having been proposed by Mr. Underwood;

After debate,

On motion by Mr. Badger,

The Senate adjourned.

TUESDAY, January 27, 1852. Link to Annals.

The President pro tempore laid before the Senate a report of the Secretary of the Treasury, accompanied by a statement of the receipts and expenditures on account of the marine hospital fund, for the fiscal year ending June 30, 1851; which was read.

Ordered , That it lie on the table, and be printed.

The President pro tempore laid before the Senate a report of the Secretary of War, communicating, in compliance with a resolution of the Senate of the 22d of January, a copy of a letter from Colonel Benjamin Huger to General George Talcott, dated Fort Monroe arsenal, November 5, 1850; which was read.

Ordered , That it be referred to the Committee on Military Affairs.

The President pro tempore laid before the Senate a memorial of Charles Bingham, United States marshal for the southern district of Alabama, and his assistants for taking the Seventh census, praying additional compensation.

Ordered , That it be referred to the Committee on the Judiciary.

Mr. Badger presented the memorial of Robert Burns, the memorial of Richard B. Morisey, the memorial of Thomas F. Gause, the memorial of Richard Fauntle, the memorial of R. Barnes, the memorial of H. Currie, the memorial of Edward Vail, the memorial of Charles W. Lee, the memorial of John D. Hawkins, the memorial of John P. Pitt, and the memorial of P. A. Jones, assistant marshals for taking the census in the State of North Carolina, praying additional compensation; which were referred to the Committee on the Judiciary.

Mr. Berrien presented a petition of members of the bar of Georgia, praying that the salary of the district judge of the United States for that State may be increased; which was referred to the Committee on the Judiciary.

Mr. Fish presented the memorial of George Griswold and others, citizens o New York, praying the establishment of a United States mint in that city; which was referred to the Committee on Finance.

Mr. Bradbury presented the memorial of Cornelius Vanderbilt, proposing to contract for carrying the mail between New York and San Francisco twice a month by the Nicaragua route; which was referred to the Committee on Naval Affairs.

0154 154

Mr. Mallory submitted documents in support of the claim of W. F. Russell to indemnity for property destroyed by the United States troops in Florida; which were referred to the Committee of Claims.

Mr. Shields presented the petition of the heirs of Elisha Merriman, a revolutionary soldier, praying a pension; which was referred to the Committee on Pensions.

Mr. Shields presented the petition of Joseph Smith, senior, praying compensation for services rendered and supplies furnished the United States in the Black Hawk war; which was referred to the Committee of Claims.

Mr. Shields presented the petition of Orris Crosby, praying an increase of pension; which was referred to the Committee on Pensions.

Mr. Soulé presented the petition of the German Society of New Orleans, praying that the transportation of passengers in steamboats on the western waters may be regulated by law; which was referred to the Committee on Commerce.

On motion by Mr. Davis,

Ordered , That the petition of Caroline L. Eustis, on the files of the Senate, be referred to the Committee on Pensions.

On motion by Mr. Davis,

Ordered , That the petition of Silas L. Loomis, on the files of the Senate, be referred to the Committee of Claims.

On motion by Mr. Pearce,

Ordered , That the petition of Hans Nelson, on the files of the Senate, be referred to the Committee on Naval Affairs.

Mr. Hunter submitted the following resolution; which was considered, by unanimous consent, and agreed to:

Resolved , That the Secretary of the Treasury be directed to report to the Semite the number of public warehouses now leased by the government, the places where leased, the periods for which they are leased, the terms upon which they are leased, and the amount expended upon them for labor and other purposes.

Mr. Pearce submitted the following resolution; which was considered, by unanimous consent, and agreed to:

Resolved , That the Committee on Public Buildings be instructed to inquire into the expediency of enlarging, repairing, and refitting the principal apartment heretofore occupied by the library of Congress, so that it may be entirely fire-proof, and capable of further extension, in harmony with the general plan of the Capitol, upon the removal of the Senate and House of Representatives and their offices to the wings of the Capitol.

Mr. Hale submitted the following resolution for consideration:

Resolved , That the Committee on Naval Affairs be instructed to inquire into the expediency of providing by law that appointments in the naval service of the United States shall hereafter be for a limited time, which shall be expressed in the commissions.

On motion by Mr. Shields,

Ordered , That the Committee on Military Affairs be discharged from the further consideration of the memorial of Oneida Indians, and that it be referred to the Committee of Claims.

On motion by Mr. Shields,

0155 155

Ordered , That the Committee on Military Affairs be discharged from the further consideration of the memorial of John M. McIntosh, and that it be referred to the Committee on Public Lands.

Mr. Wade, from the Committee of Claims, to whom was referred the petition of Lieutenant John H. Patterson, reported, that the prayer of the petition ought not to be granted.

Mr. Wade, from the Committee of Claims, to whom was referred the petition of José Baya, reported that the prayer of the petition ought not to be granted.

Mr. Foot, from the Committee on Pensions, to whom was referred the petition of Phebe Glover, submitted an adverse report; which was read.

Mr. Bayard, from the Committee of Claims, to whom was referred the petition of Joseph Hill, submitted an adverse report; which was ordered to be printed.

Mr. Mallory, from the Committee on Naval Affairs, to whom was referred the petition of John W. Simonton, submitted a report, accompanied by a bill (S. 156) for his relief.

The bill was read. and passed to the second reading.

Ordered , That the report be printed.

Mr. Fish, from the Committee on Naval Affairs, to whom was referred the petition of John S. Devlin, administrator of Elijah J. Weed, submitted a report, accompanied by a bill (S. 157) for the relief of the securities of Elijah J. Weed, late quartermaster of marines, deceased.

The bill was read, and passed to the second reading.

Ordered , That the report be printed.

Mr. Foot, from the Committee on Pensions, to whom was referred the petition of Nancy Wright, submitted a report, accompanied by a bill (S. 158) for her relief.

The bill was read. and passed to the second reading.

Ordered , That the report be printed.

Mr. Rusk, from the Committee on the Post Office and Post Roads, to whom was referred the petition of Robert Jemison and Benjamin Williamson, submitted a report, accompanied by a bill (S. 159) for their relief.

The bill was read, and passed to the second reading.

Ordered , That the report be printed.

Mr. Rusk, from the Committee on the Post Office and Post Roads, to whom was referred the petition of Nathaniel Kuykendall, submitted a report, accompanied by a bill (S. 160) for his relief.

The bill was read, and passed to the second reading.

Ordered , That the report be printed.

Mr. Dawson, from the Committee on Military Affairs, to whom was referred the memorial of D. D. Mitchell, submitted a report, accompanied by a bill (S. 161) for the relief of Lieutenant Colonel Mitchell, of the State of Missouri.

The bill was read, and passed to the second reading.

Ordered , That the report be printed.

Mr. Stockton, from the Committee on Naval Affairs, to whom was referred the memorial of William A. Christian, submitted a report, accompanied by a bill (S. 162) for his relief.

The bill was read, and passed to the second reading.

Ordered , That the report be printed.

0156 156

Mr. Norris, from the Committee on Foreign Relations, to whom was referred the petition of G. Thomas Howard, reported a bill (S. 163) for his relief; which was read, and passed to the second reading.

Agreeably to notice, Mr. Clemens asked and obtained leave to bring in a bill (S. 164) to extend the benefit of the “act to regulate intercourse with the Indian tribes, and to preserve peace on the frontiers,” approved June 30, 1834, to the people of Texas and others; which was read the first and second times, by unanimous consent, and referred to the Committee on Indian Affairs.

The Senate proceeded to consider the motion submitted by Mr. Hale, the 22d instant, for the printing of an additional number of the charges and specifications before a court of inquiry against William K. Latimer, a captain in the navy of the United States, and the accompanying papers, with the report of the Committee on Printing thereon; and

The motion was disagreed to.

The bill (S. 155) granting the right of way and making a grant of land to the States of Indiana, Illinois, and Iowa, in aid of the construction of a railroad from the Wabash to the Missouri river, was read the second time.

Ordered , That it be referred to the Committee on Public Lands.

On motion by Mr. Bradbury,

That the Senate proceed to the consideration of the bill (S. 64) to provide for the ascertainment and satisfaction of claims of American citizens for spoliations committed by the French prior to the 31st day of July, 1801:

It was determined in the affirmative,

Yeas 26

Nays 17

On motion by Mr. Borland