MONDAY, December 1, 1845. Link to Annals.

Present:

From the State of New Hampshire,

The Honorable

Charles G. Atherton,

Benning W. Jenness.

From the State of Massachusetts,

The Honorable John Davis.

From the State of Rhode Island and Providence Plantations,

The Honorable

Albert C. Greene,

James F. Simmons.

From the State of Connecticut,

The Honorable

Jabez W. Huntington,

John M. Niles.

From the State of Vermont,

The Honorable

Samuel S. Phelps,

William Upham.

From the State of New York,

The Honorable John A. Dix.

From the State of New Jersey,

The Honorable

William L. Dayton,

Jacob W. Miller.

From the State of Pennsylvania,

The Honorable

Simon Cameron,

Daniel Sturgeon

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From the State of Delaware,

The Honorable

Thomas Clayton,

John M. Clayton.

From the State of Maryland,

The Honorable Reverdy Johnson.

From the State of Virginia,

The Honorable William S. Archer.

From the State of North Carolina,

The Honorable

William H. Haywood,

Willie P. Mangum.

From the State of South Carolina,

The Honorable George McDuffie.

From the State of Georgia,

The Honorable Walter T. Colquitt.

From the State of Kentucky,

The Honorable John J. Crittenden.

From the State of Tennessee,

The Honorable Hopkins L. Turney.

From the State of Ohio,

The Honorable

William Allen,

Thomas Corwin.

From the State of Louisiana,

The Honorable Henry Johnson.

From the State of Indiana,

The Honorable Edward A. Hannegan.

From the State of Mississippi,

The Honorable

Joseph W. Chalmers,

Jesse Speight.

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From the State of Illinois,

The Honorable

Sidney Breese,

James Semple.

From the State of Alabama,

The Honorable

Arthur P. Bagby,

Dixon H. Lewis.

From the State of Maine,

The Honorable

George Evans,

John Fairfield.

From the State of Missouri,

The Honorable

David R. Atchison,

Thomas H. Benton.

From the State of Arkansas,

The Honorable

Chester Ashley,

Ambrose H. Sevier.

From the State of Michigan,

The Honorable Lewis Cass.

From the State of Florida,

The Honorable

David Levy,

James D. Westcott, jr.

The Honorable George M. Dallas, Vice President of the United States, and President of the Senate, resumed the chair.

Mr. Sevier presented the credentials of the Hon. Hopkins L. Turmey, elected a Senator by the General Assembly of the State of Tennessee for six years, commencing on the 4th day of March, 1845, and ending on the 4th day of March, 1851; which were read; and the oath prescribed by law was administered to Mr. Turney, and he took his seat in the Senate.

Mr. Speight presented the credentials of the Hon. Joseph W. Chalmers, appointed a Senator by the governor of the State of Mississippi, to fill the vacancy occasioned by the resignation of the Hon. Robert J. Walker; which were read; and the oath prescribed by law was administered to Mr. Chalmers, and he took his seat in the Senate.

Mr. Crittenden presented the credentials of the Hon. John Davis, elected a Senator by the legislature of the Commonwealth of Massachusetts to fill the vacancy occasioned by the death of the Hon. Isaac C. Bates; which, were read; and the oath prescribed by law was administered to Mr. Davis, and he took his seat in the Senate.

Mr. Atherton presented the credentials of the Hon. Benning W. Jenness, 0006 6 appointed a Senator by the governor of the State of New Hampshire, to supply the vacancy occasioned by the resignation of the Hon. Levi Woodbury; which were read; and the oath prescribed by law was administered to Mr. Jenness, and he took his seat in the Senate.

The Vice President laid before the Senate the credentials of the Hon. David Levy and the Hon. James D. Westcott, jr., elected Senators by the legislature of the State of Florida for the constitutional term. The credentials were read; and the oath prescribed by law was administered to Mr. Levy and Mr. Westcott, and they took their seats in the Senate.

Mr. Sevier submitted the following resolution for consideration:

Resolved , That the Senate proceed to ascertain the classes in which the Senators from the State of Florida shall be inserted, in conformity to the resolution of the 14th of May, 1789, and as the constitution requires; that the Secretary put into the ballot-box two papers of equal size, one of which shall be numbered two, and the other shall be numbered three, and each Senator shall draw out one paper; that the Senator who shall draw the paper numbered two, shall be inserted in the class of Senators whose term of service will expire the 3d day of March, 1849; and the Senator who shall draw the paper numbered three, shall be inserted in the class of Senators whose term of service will expire the 3d day of March, 1851.

On motion by Mr. Allen,

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. Atherton,

Ordered , That the daily hour of meeting of the Senate be 12 o'clock meridian until otherwise ordered.

Mr. Cameron submitted, the following resolution; which was read the first and second times, by unanimous consent, and considered as in committee of the whole; and, having been amended on the motion of Mr. Niles, it was read a third time by unanimous consent, and agreed to:

Resolved , That each Senator be supplied during the present session with newspapers as heretofore, not exceeding the cost of three daily papers.

Mr. Speight submitted the following resolution for consideration:

Resolved , That a committee be appointed, jointly with such committee as may be appointed by the House of Representatives, to wait on the President of the United States, and inform him that quorums of the two houses have assembled, and that Congress are ready to receive any communication he may be pleased to make.

On motion by Mr. Allen,

The Senate adjourned.

TUESDAY, December 2, 1845. Link to Annals.

The Hon. Spencer Jarnagin, from the State of Tennessee; the Hon. James A. Pearce, from the State of Maryland; and the Hon. William Woodbridge, from the State of Michigan, severally attended.

The Senate proceeded to consider the resolution submitted yesterday by Mr. Speight, for the appointment of a joint committee to wait on the President of the United States, and inform him that quorums of the two houses have assembled; and the resolution was agreed to.

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On motion by Mr. Speight,

Ordered , That the committee be appointed by the President of the Senate; and

Mr. Speight and Mr. Upham were appointed.

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

A message from the House of Representatives, by Mr. French, their Clerk:

Mr. President: I am directed to inform the Senate that a quorum of the House of Representatives has assembled; that John W. Davis, one of the Representatives from the State of Indiana, has been chosen Speaker; and that the House is now ready to proceed to business.

The House of Representatives have passed a resolution for the appointment of a joint committee to wait on the President of the United States, and inform him that a quorum of the two houses is assembled, and that Congress is ready to receive any communication he may be pleased to make; and Mr. McDowell, Mr. Hopkins, and Mr. Winthrop have been appointed the committee on their part.

The Senate proceeded to consider the resolution submitted yesterday by Mr. Sevier, to classify the Senators from the State of Florida; and the resolution was agreed to.

Whereupon,

The papers, with the respective numbers specified in the resolution, were, by the Secretary, put into the ballot-box; when Mr. Levy drew No. 3, and is accordingly of the class of Senators whose terms of service will expire the 3d day of March, 1851, and Mr. Westcott drew No.2, and is of the class of Senator whose terms of service will expire the 3d day of March, 1849.

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

S. 1. A bill for the purchase of the stock of the Louisville and Portland Canal Company.

S. 2. A bill to provide for the improvement of the navigation of the rivers Ohio, Mississippi, Missouri, and Arkansas.

The said bills were severally read, and passed to the second reading.

Mr. Breese submitted the following resolution for consideration:

Resolved , That so much of the 34th rule as requires the appointment of the several standing committees by ballot, at the present session, be suspended, and that the appointments be made by the President of the Senate.

Mr. Speight, 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 inform him that a quorum of each house has assembled, and that Congress is ready to receive any communication he may be pleased to make, reported that they had performed the duty assigned them, and that the President stated that he would make a communication to each house forthwith.

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

Fellow-citizens of the Senate and House of Representatives:

It is to me a source of unaffected satisfaction to meet the Representatives of the States and the people in Congress assembled, as it will be to 0008 8 receive the aid of their combined wisdom in the administration of public affairs. In performing, for the first time, the duty imposed on me by the constitution, of giving to you information of the state of the Union, and recommending to your consideration such measures as in my judgment are necessary and expedient, I am happy that I can congratulate you on the continued prosperity of our country. Under the blessings of Divine Providence and the benign influence of our free institutions, it stands before the world a spectacle of national happiness.

With our unexampled advancement in all the elements of national greatness, the affection of the people is confirmed for the union of the States, and for the doctrines of popular liberty, which lie at the foundation of our government.

It becomes us, in humility, to make our devout acknowledgments to the Supreme Ruler of the Universe, for the inestimable civil and religious blessings with which we are favored.

In calling the attention of Congress to our relations with foreign Powers, I am gratified to be able to state, that, though with some of them there have existed since your last session serious causes of irritation and misunderstanding, yet no actual hostilities have taken place. Adopting the maxim in the conduct of our foreign affairs, to “ask nothing that is not right, and submit to nothing that is wrong,” it has been my anxious desire to preserve peace with all nations; but, at the same time, to be prepared to resist aggression and maintain all our just rights.

In pursuance of the joint resolution of Congress, “for annexing Texas to the United States,” my predecessor, on the third day of March, 1845, elected to submit the first and second sections of that resolution to the republic of Texas, as an overture, on the part of the United States, for her admission as a State rate our Union. This election I approved, and accordingly the chargé d'affaires of the United States in Texas, under instructions of the tenth of March, 1845, presented these sections of the resolution for the acceptance of that republic. The executive government, the Congress, and the people of Texas in convention, have successively complied with all the terms and conditions of the joint resolution. A constitution for the government of the State of Texas, formed by a convention of deputies, is herewith laid before Congress. It is well known, also, that the people of Texas at the polls have accepted the terms of annexation, and ratified the constitution.

I communicate to Congress the correspondence between the Secretary of State and our chargé d'affaires in Texas; and also the correspondence of the latter with the authorities of Texas; together with the official documents transmitted by him to his own government.

The terms of annexation which were offered by the United States having been accepted by Texas, the public faith of both parties is solemnly pledged to the compact of their union. Nothing remains to consummate the event, but the passage of an act by congress to admit the State of Texas into the Union upon an equal footing with the original States. Strong reasons exist why this should be done at an early period of the session. It will be observed that, by the constitution of Texas, the existing government is only continued temporarily till Congress can act; and that the third Monday of the present month is the day appointed for holding the first general election. On that day a governor, a lieutenant-governor, and both branches of the legislature, will be chosen by the people. 0009 9 The President of Texas is required, immediately after the receipt of official information that the new State has been admitted into our Union by Congress, to convene the legislature; and, upon its meeting, the existing government will be superseded, and the State government organized. Questions deeply interesting to Texas, in common with the other States; the extension of our revenue laws and judicial system over her people and territory, as well as measures of a local character, will claim the early attention of Congress; and, therefore, upon every principle of republican government, she ought to be represented in that body without unnecessary delay. I cannot too earnestly recommend prompt action on this important subject.

As soon as the act to admit Texas as a State shall be passed, the union of the two republics will be consummated by their own voluntary consent.

This accession to our territory has been a bloodless achievement. No arm of force has been raised to produce the result. The sword has had no part in the victory. We have not sought to extend our territorial possessions by conquest, or our republican institutions over a reluctant people. It was the deliberate homage of each people to the great principle of our federative union.

If we consider the extent of territory involved in the annexation—its prospective influence on America—the means by which it has been accomplished, springing purely from the choice of the people themselves to share the blessings of our union,—the history of the world may be challenged to furnish a parallel.

The jurisdiction of the United States, which at the formation of the federal constitution was bounded by the St. Mary's on the Atlantic, has passed the Capes of Florida, and been peacefully extended to the Del Norte. In contemplating the grandeur of this event, it is not to be forgotten that the result was achieved in despite of the diplomatic interference of European monarchies. Even France—the country which had been our ancient ally—the country which has a common interest with us in maintaining the freedom of the seas—the country which, by the cession of Louisiana, first opened to us access to the Gulf of Mexico—the country with which we have been every year drawing more and more closely the bonds of successful commerce—most unexpectedly, and to our unfeigned regret, took part in an effort to prevent annexation, and to impose on Texas, as a condition of the recognition of her independence by Mexico, that she would never join herself to the United States. We may rejoice that the tranquil and pervading influence of the American principle of self-government was sufficient to defeat the purposes of British and French interference, and that the almost unanimous voice of the people of Texas has given to that interference a peaceful and effective rebuke. From this example, European governments may learn how vain diplomatic arts and intrigues must ever prove upon this continent, against that system of self-government which seems natural to our soil, and which will ever resist foreign interference.

Towards Texas, I do not doubt that a liberal and generous spirit will actuate Congress in all that concerns her interests and prosperity, and that she will never have cause to regret that she has united her “lone star” to our glorious constellation.

I regret to inform you filet our relations with Mexico, since your last session, have not been of the amicable character which it is our desire to 0010 10 cultivate with all foreign nations. On the sixth day of March last, the Mexican Envoy Extraordinary and Minister Plenipotentiary to the United States made a formal protest, in the name of his government, against the joint resolution passed by Congress, “for the annexation of Texas to the United States,” which he chose to regard as a violation of the rights of Mexico, and, in consequence of it, he demanded his passports. He was informed that the government of the United States did not consider this joint resolution as a violation of any of the rights of Mexico, or that it afforded any just cause of offence to his government; that the republic of Texas was an independent Power, owing no allegiance to Mexico, and constituting no part of her territory or rightful sovereignty and jurisdiction. He was also assured that it was the sincere desire of this government to maintain with that of Mexico relations of peace and good understanding. That functionary, however, notwithstanding these representations and assurances, abruptly terminated his mission, and shortly afterwards left the country. Our Envoy Extraordinary and Minister Plenipotentiary to Mexico was refused all official intercourse with that government, and, after remaining several months, by the permission of his own government he returned to the United States. Thus, by the acts of Mexico, all diplomatic intercourse between the two countries was suspended.

Since that time Mexico has, until recently, occupied an attitude of hostility towards the United States—has been marshalling and organizing armies, issuing proclamations, and avowing the intention to make war on the United States, either by an open declaration, or by invading Texas. Both the Congress and convention of the people of Texas invited this government to send an army into that territory, to protect and defend them against the menaced attack. The moment the terms of annexation offered by the United States were accepted by Texas, the latter became so far a part of our own country, as to make it our duty to afford such protection and defence. I therefore deemed it proper, as a precautionary measure, to order a strong squadron to the coasts of Mexico, and to concentrate an efficient military force on the western frontier of Texas. Our army was ordered to take position in the country between the Nueces and the Del Norte, and to repel any invasion of the Texan territory which might be attempted by the Mexican forces. Our squadron in the gulf was ordered to co-operate with the army. But though our army and navy were placed in a position to defend our own and the rights of Texas, they were ordered to commit no act of hostility against Mexico, unless she declared war, or was herself the aggressor by striking the first blow. The result has been, that Mexico has made no aggressive movement, and our military and naval commanders have executed their orders with such discretion, that the peace of the two republics has not been disturbed.

Texas had declared her independence, and maintained it by her arms for more than nine years. She has had an organized government in successful operation during that period. Her separate existence, as an independent State, had been recognised by the United States and the principal Powers of Europe. Treaties of commerce and navigation had been concluded with her by different nations, and it had become manifest to the whole world that any further attempt on the part of Mexico to conquer her, or overthrow her government, would be vain. Even Mexico herself had become satisfied of this fact; and whilst the question of annexation was pending before the people of Texas, during the past summer, the government 0011 11 of Mexico, by a formal act, agreed to recognise the independence of Texas on condition that she would not annex herself to any other Power. The agreement to acknowledge the independence of Texas, whether with or without this condition, is conclusive against Mexico. The independence of Texas is a fact conceded by Mexico herself, and she had no right or authority to prescribe restrictions as to the form of government which Texas might afterwards choose to assume.

But though Mexico cannot complain of the United States on account of the annexation of Texas, it is to be regretted that serious causes of misunderstanding between the two countries continue to exist, growing out of unredressed injuries inflicted by the Mexican authorities and people on the persons and property of citizens of the United States, through a long series of years. Mexico has admitted these injuries, but has neglected and refused to repair them. Such was the character of the wrongs, and such the insults repeatedly offered to American citizens and the American flag by Mexico, in palpable violation of the laws of nations and the treaty between the two countries of the fifth of April, 1831, that they have been repeatedly brought to the notice of Congress by my predecessors. As early as the eighth of February, 1837, the President of the United States declared, in a message to Congress, that “the length of time since some of the injuries have been committed, the repeated and unavailing applications for redress, the wanton character of some of the outrages upon the persons and property of our citizens, upon the officers and flag of the United States, independent of recent insults to this government and people by the late extraordinary Mexican minister, would justify in the eyes of all nations immediate war.” He did not, however, recommend an immediate resort to this extreme measure, which he declared, “should not be used by just and generous nations, confiding in their strength for injuries committed, if it can be honorably avoided;” but, in a spirit of forbearance, proposed that another demand be made on Mexico for that redress which had been so long and unjustly withheld. In these views, committees of the two houses of Congress, in reports made to their respective bodies, concurred. Since these proceedings more than eight years have elapsed, during which, in addition to the wrongs then complained of, others of an aggravated character have been committed on the persons and property of our citizens. A special agent was sent to Mexico in the summer of 1838, with full authority to make another and final demand for redress. The demand was made; the Mexican government promised to repair the wrongs of which we complained; and after much delay, a treaty of indemnity with that view was concluded between the two Powers on the eleventh of April, 1839, and was duly ratified by both governments. By this treaty a joint commission was created to adjudicate and decide on the claims of American citizens on the government of Mexico. The commission was organized at Washington on the twenty-fifth day of August, 1840. Their time was limited to eighteen months; at the expiration of which, they had adjudicated and decided claims amounting to two millions twenty-six thousand one hundred and thirty-nine dollars and sixty-eight cents in favor of citizens of the United States against the Mexican government, leaving a large amount of claims undecided. Of the latter, the American commissioners had decided in favor of our citizens claims amounting to nine hundred and twenty-eight thousand six hundred and twenty-seven dollars and eighty-eight cents, 0012 12 which were left unacted on by the umpire authorized by the treaty. Still further claims, amounting to between three and four millions of dollars, were submitted to the board too late to be considered; and were left undisposed of. The sum of two millions twenty-six thousand one hundred and thirty-nine dollars and sixty-eight cents, decided by the board, was a liquidated and ascertained debt clue by Mexico to the claimants, and there was no justifiable reason for delaying its payment according to the terms of the treaty. It was not, however, paid. Mexico applied for further indulgence; and, in that spirit of liberality and forbearance which has ever marked the policy of the United States towards that republic, the request was granted; and, on the thirtieth of January, 1843, a new treaty was concluded. By this treaty it was provided, that the interest due on the awards in favor of claimants under the convention of the eleventh of April, 1839, should be paid on the thirtieth of April, 1843; and that “the principal of the said awards, and the interest arising thereon, shall be paid in live years, in equal instalments every three months; the said term of five years to commence on the thirtieth day of April, 1843, as aforesaid.” The interest due on the thirtieth day of April, 1843, and the three first of the twenty instalments, have been paid. Seventeen of these instalments remain unpaid, seven of which are now due.

The claims which were left undecided by the joint commission, amounting to more than three millions of dollars, together with other claims for spoliations on the property of our citizens, were subsequently presented to the Mexican government for payment, and were so far recognised that a treaty, providing for their examination and settlement by a joint commission, was concluded and signed at Mexico on the twentieth day of November, 1843. This treaty was ratified by the United States, with certain amendments, to which no just exception could have been taken; but it has not yet received the ratification of the Mexican government. In the mean time, our citizens who suffered great losses, and some of whom have been reduced from affluence to bankruptcy, are without remedy, unless their rights be enforced by their government. Such a continued and unprovoked series of wrongs could never have been tolerated by the United States, had they been committed by one of the principal nations of Europe. Mexico was, however, a neighboring sister republic, which, following our example, had achieved her independence, and for whose success and prosperity all our sympathies were early enlisted. The United States were the first to recognise her independence, and to receive her into the family of nations, and have ever been desirous of cultivating with her a good understanding. We have, therefore, borne the repeated wrongs she has committed, with great patience, in the hope that a returning sense of justice would ultimately guide her councils, and that we might, if possible, honorably avoid any hostile collision with her.

Without the previous authority of Congress, the Executive possessed no power to adopt or enforce adequate remedies for the injuries we had suffered, or to do more than to be prepared to repel the threatened aggression on the part of Mexico. After our army and navy had remained on the frontier and coasts of Mexico for many weeks, without any hostile movement on her part, though her menaces were continued, I deemed it important to put an end, if possible, to this state of things. With this view, I caused steps to be taken, in the month of September last, to ascertain distinctly, and in an authentic form, what the designs of the Mexican 0013 13 government were; whether it was their intention to declare war, or invade Texas, or whether they were disposed to adjust and settle, in an amicable manner, the pending differences between the two countries. On the ninth of November an official answer was received, that the Mexican government consented to renew the diplomatic relations which had been suspended in March last; and for that purpose were willing to accredit a minister from the United States. With a sincere desire to preserve peace, and restore relations of good understanding between the two republics, I waived all ceremony as to the manner of renewing diplomatic intercourse between them; and, assuming the initiative, on the tenth of November a distinguished citizen of Louisiana was appointed Envoy Extraordinary and Minister Plenipotentiary to Mexico, clothed with full powers to adjust, and definitively settle, all pending differences between the two countries, including those of boundary between Mexico and the State of Texas. The minister appointed has set out on his mission, and is probably by this time near the Mexican capital. He has been instructed to bring the negotiation with which he is charged to a conclusion at the earliest practicable period; which, it is expected, will be in time to enable me to communicate the result to Congress during the present session. Until that result is known, I forbear to recommend to Congress such ulterior measures of redress for the wrongs and injuries we have so long borne, as it would have been proper to make had no such negotiation been instituted.

Congress appropriated, at the last session, the sum of two hundred and seventy-five thousand dollars for the payment of the April and July instalments of the Mexican indemnities for the year 1844: “Provided it shall be ascertained to the satisfaction of the American government that said instalments have been paid by the Mexican government to the agent appointed by the United States to receive the same, in such manner as to discharge all Claim on the Mexican government, and said agent to be delinquent in remitting the money to the United States.”

The unsettled state of our relations with Mexico has involved this subject in much mystery. The first information, in an authentic form, from the agent of the United States appointed under the administration of my predecessor, was received at the State Department on the ninth of November last. This is contained in a letter, dated, the seventeenth of October, addressed by him to one of our citizens then in Mexico, with a view of having it communicated to that department. From this it appears that the agent, on the twentieth of September, 1844, gave a receipt to the treasury of Mexico for the amount of the April and July instalments of the indemnity. In the same communication, however, he asserts that he had not received a single dollar in cash; but that he holds such securities as warranted him at the time in giving the receipt, and entertains no doubt but that he will eventually obtain the money. As these instalments appear never to have been actually paid by the government of Mexico to the agent, and as that government has not therefore been released so as to discharge the claim, I do not feel myself warranted in directing payment to be made to the claimants out of the treasury, without further legislation. Their case is, undoubtedly, one of much hardship; and it remains for Congress to decide whether any, and what, relief ought to be granted to them. Our minister to Mexico has been instructed to ascertain the facts 0014 14 of the case from the Mexican government, in an authentic and official form, and report the result with as little delay as possible.

My attention was early directed to the negotiation, which, on the fourth of March last, I found pending at Washington between the United States and Great Britain, on the subject of the Oregon territory. Three several attempts had been previously made to settle the questions in dispute between the two countries, by negotiation, upon the principle of compromise; but each had proved unsuccessful.

These negotiations took place at London, in the years 1818, 1824, and 1826; the two first under the administration of Mr. Monroe, and the last under that of Mr. Adams. The negotiation of 1818 having failed to accomplish its object, resulted in the convention of the twentieth of October of that year. By the third article of that convention, it was “agreed, that any country that may be claimed by either party on the northwest coast of America, westward of the Stony mountains, shall, together with its harbors, bays, and creeks, and the navigation of all rivers within the same, be free and open for the term of ten years from the date of the signature of the present convention, to the vessels, citizens, and subjects of the two Powers; it being well understood that this agreement is not to be construed to the prejudice of any claim which either of the two high contracting parties may have to any part of the said country, nor shall it be taken to affect the claims of any other Power or State to any part of the said country; the only object of the high contracting parties in that respect being to prevent disputes and differences among themselves.”

The negotiation of 1824 was productive of no result, and the convention of 1818 was left unchanged.

The negotiation of 1826, having also failed to effect an adjustment by compromise, resulted in the convention of August the sixth, 1827, by which it was agreed to continue in force, for an indefinite period, the provisions of the third article of the convention of the twentieth of October, 1818; and it was further provided, that “it shall be competent, however, to either of the contracting parties, in case either should think fit, at any time after the twentieth of October, 1828, on giving due notice of twelve months to the other contracting party, to annul and abrogate this convention; and it shall, in such case, be accordingly entirely annulled and abrogated after the expiration of the said term of notice.” In these attempts to adjust the controversy, the parallel of the forty-ninth degree of north latitude had been offered by the United States to Great Britain, and in those of 1818 and 1826, with a further concession of the free navigation of the Columbia river south of that latitude. The parallel of the forty-ninth degree, from the Rocky mountains to its intersection with the northeasternmost branch of the Columbia, and thence down the channel of that river to the sea, had been offered by Great Britain, with an addition of a small detached territory north of the Columbia. Each of these propositions had been rejected by the parties respectively.

In October, 1843, the Envoy Extraordinary and Minister Plenipotentiary of the United States in London was authorized to make a similar offer to those made in 1818 and 1826. Thus stood the question, when the negotiation was shortly afterwards transferred to Washington; and, on the twenty-third of August, 1844, was formally opened, under the direction of my immediate predecessor. Like all the previous negotiations, it was based upon principles of “compromise;” and the avowed purpose of the 0015 15 parties was, “to treat of the respective claims of the two countries to the Oregon territory, with the view to establish a permanent boundary between them westward of the Rocky mountains to the Pacific ocean.” Accordingly, on the twenty-sixth of August, 1844, the British plenipotentiary offered to divide the Oregon territory by the forty-ninth parallel of north latitude, from the Rocky mountains to the point of its intersection with the northeasternmost branch of the Columbia river, and thence down that river to the sea; leaving the free navigation of the river to be enjoyed in common by both parties—the country south of this line to belong to the United States, and that north of it to Great Britain. At the same time, he proposed, in addition, to yield to the United States a detached territory, north of the Columbia, extending along the Pacific and the Straits of Fuca, from Bulfinch's harbor inclusive, to Hood's canal, and to make free to the United States any port or ports south of latitude forty-nine degrees, which they might desire, either on the main land, or on Quadra and Vancouver's island. With the exception of the free ports, this was the same offer which had been made by the British, and rejected by the American government, in the negotiation of 1826. This proposition was properly rejected by the American plenipotentiary on the day it was submitted. This was the only proposition of compromise offered by the British plenipotentiary. The proposition on the part of Great Britain having been rejected, the British plenipotentiary requested that a proposal should be made by the United States for “an equitable adjustment of the question.”

When I came into office, I found this to be the state of the negotiation. Though entertaining the settled conviction, that the British pretensions of title could not be maintained to any portion of the Oregon territory upon any principle of public law recognised by nations, yet, in deference to what had been done by my predecessors, and especially in consideration that propositions of compromise had been thrice made, by two preceding administrations, to adjust the question on the parallel of forty-nine degrees, and in two of them yielding to Great Britain the free navigation of the Columbia, and that the pending negotiation had been commenced on the basis of compromise, I deemed it to be my duty not abruptly to break it off. In consideration, too, that under the conventions of 1818 and 1827, the citizens and subjects of the two Powers held a joint occupancy of the country, I was induced to make another effort to settle this long pending controversy in the spirit of moderation which had given birth to the renewed discussion. A proposition was accordingly made, which was rejected by the British plenipotentiary, who, without submitting any other proposition, suffered the negotiation on his part to drop, expressing his trust that the United States would offer what he saw fit to call “some further proposal for the settlement of the Oregon question, more consistent with fairness and equity, and with the reasonable expectations of the British government.” The proposition thus offered and rejected repeated the offer of the parallel of forty-nine degrees of north latitude, which had been made by two preceding administrations, but without proposing to surrender to Great Britain, as they had done, the free navigation of the Columbia river. The right of any foreign Power to the free navigation of any of our rivers, through the heart of our country, was one which I was unwilling to concede. It also embraced a provision to make free to Great Britain any port or ports on the cap of Quadra and Vancouver's island, south of this 0016 16 parallel. Had this been a new question, coming under discussion for the first time, this proposition would not have been made. The extraordinary and wholly inadmissible demands of the British government, and the rejection of the proposition made in deference alone to what had been done by my predecessors, and the implied obligation which their acts seemed to impose, afford satisfactory evidence that no compromise which the United States ought to accept can be effected. With this conviction, the proposition of compromise which had been made and rejected, was, by my direction, subsequently withdrawn, and our title to the whole Oregon territory asserted, and, as is believed, maintained by irrefragable facts and arguments.

The civilized world will see in these proceedings a spirit of liberal concession on the part of the United States; and this government will be relieved from all responsibility which may follow the failure to settle the controversy.

All attempts at compromise having failed, it becomes the duty of Congress to consider what measures it may be proper to adopt for the security and protection of our citizens now inhabiting, or who may hereafter inhabit Oregon, and for the maintenance of our just title to that territory. In adopting measures for this purpose, care should be taken that nothing be done to violate the stipulations of the convention of 1827, which is still in force. The faith of treaties, in their letter and spirit, has ever been, and, I trust, will ever be, scrupulously observed by the United States. Under that convention, a year's notice is required to be given by either party to the other, before the joint occupancy shall terminate, and before either can rightfully assert or exercise exclusive jurisdiction over any portion of the territory. This notice it would, in my judgment, be proper to give; and I recommend that provision be made by law for giving it accordingly, and terminating in this manner the convention of the sixth of August, 1827.

It will become proper for Congress to determine what legislation they can, in the mean time, adopt without violating this convention. Beyond all question, the protection of our laws and our jurisdiction, civil and criminal, ought to be immediately extended over our citizens in Oregon. They have had just cause to complain of our long neglect in this particular, and have, in consequence, been compelled, for their own security and protection, to establish a provisional government for themselves. Strong in their allegiance and ardent in their attachment to the United States, they have been thus cast upon their own resources. They are anxious that our laws should be extended over them, and I recommend that this be done by Congress with as little delay as possible, in the full extent to which the British Parliament have proceeded in regard to British subjects in that territory, by their act of July the second, 1821, “for regulating the fur-trade, and establishing a criminal and civil jurisdiction within certain parts of North America.” By this act Great Britain extended her laws and jurisdiction, civil and criminal, over her subjects engaged in the fur-trade in that territory. By it, the courts of the province of Upper Canada were empowered to take cognizance of causes civil and criminal. Justices of the peace and other judicial officers were authorized to be appointed in Oregon, with power to execute all process issuing from the courts of that province, and to “sit and hold courts of record for the trial of criminal offences and misdemeanors,” not made the subject of capital punishment, 0017 17 and also of civil cases, where the cause of action shall not “exceed in value the amount or sum of two hundred pounds”.

Subsequent to the date of this act of Parliament, a grant was made from the “British crown” to the Hudson's Bay Company, of the exclusive trade with the Indian tribes in the Oregon territory, subject to a reservation that it shall not operate to the exclusion “of the subjects of any foreign States who, under or by force of any convention for the time being, between us and such foreign States respectively, may be entitled to, and shall be engaged in, the said trade.”

It is much to be regretted, that while under this act British subjects have enjoyed the protection of British laws and British judicial tribunals throughout the whole of Oregon, American citizens in the same territory have enjoyed no such protection from their government. At the same time, the result illustrates the character of our people and their institutions. In spite of this neglect they have multiplied, and their number is rapidly increasing in that territory. They have made no appeal to arms, but have peacefully fortified themselves in their new homes, by the adoption of republican institutions for themselves; furnishing another example of the truth that self-government is inherent in the American breast, and must prevail. It is due to them that they should be embraced and protected by our laws.

It is deemed important that our laws regulating trade and intercourse with the Indian tribes east of the Rocky mountains, should be extended to such tribes as dwell beyond them.

The increasing emigration to Oregon, and the care and protection which is due from the government to its citizens in that distant region, make it our duty, as it is our interest, to cultivate amicable relations with the Indian tribes of that territory. For this purpose, I recommend that provision be made for establishing an Indian agency, and such sub-agencies as may be deemed necessary, beyond the Rocky mountains.

For the protection of emigrants, whilst on their way to Oregon, against the attacks of the Indian tribes occupying the country through which they pass, I recommend that a suitable number of stockades and block-house forts be erected along the usual route between our frontier settlements on the Missouri and the Rocky mountains; and that an adequate force of mounted riflemen be raised, to guard and protect them on their journey. The immediate adoption of these recommendations by Congress will not violate the provisions of the existing treaty. It will be doing nothing more for American citizens than British laws have long since done for British subjects in the same territory.

It requires several months to perform the voyage by sea from the Atlantic States to Oregon; and although we have a large number of whale ships in the Pacific, but few of them afford an opportunity, of interchanging intelligence, without great delay, between our settlements in that distant region and the United States. An overland mail is believed to be entirely practicable, and the importance of establishing such a mail, at least once a month, is submitted to the favorable consideration of Congress.

It is submitted to the wisdom of Congress to determine whether, at their present session, and until after the expiration of the year's notice, any other measures may be adopted consistently with the convention of 1827, for the security of our rights and the government and protection of our citizens in Oregon. That it will ultimately be wise and proper to make liberal grants 2 0018 18 of land to the patriotic pioneers, who, amidst privations and dangers, lead the way through savage tribes inhabiting the vast wilderness intervening between our frontier settlements and Oregon, and who cultivate and are ever ready to defend the soil, I am fully satisfied. To doubt whether they will obtain such grants as soon as the convention between the United States and Great Britain shall have ceased to exist, would be to doubt the justice of Congress; but, pending the year's notice, it is worthy of consideration whether a stipulation to this effect may be made consistently with the spirit of that convention.

The recommendations which I have made, as to the best manner of securing our rights in Oregon, are submitted to Congress with great deference. Should they, in their wisdom, devise any other mode better calculated to accomplish the same object, it shall meet with my hearty concurrence.

At the end of the year's notice, should Congress think it proper to make provision for giving that notice, we shall have reached a period when the national rights in Oregon must either be abandoned or firmly maintained. That they cannot be abandoned without a sacrifice of both national honor and interest, is too clear to admit of doubt.

Oregon is a part of the North American continent, to which, it is confidently affirmed, the title of the United States is the best now in existence. For the grounds on which that title rests, I refer you to the correspondence of the late and present Secretary of State with the British plenipotentiary during the negotiation. The British proposition of compromise, which would make the Columbia the line south of forty-nine degrees, with a trifling addition of detached territory to the United States, north of that river, and would leave on the British side two-thirds of the whole Oregon territory, including the free navigation of the Columbia and all the valuable harbors on the Pacific, can never, for a moment, be entertained by the United States, without an abandonment of their just and clear territorial rights, their own self-respect, and the national honor. For the information of Congress, I communicate herewith the correspondence which took place between the two governments during the late negotiation.

The rapid extension of our settlements over our territories heretofore unoccupied; the addition of new States to our confederacy; the expansion of free principles, and our rising greatness as a nation, are attracting the attention of the Powers of Europe; and lately the doctrine has been broached in some of them, of a “balance of power” on this continent to check our advancement. The United States, sincerely desirous of preserving relations of good understanding with all nations, cannot in silence permit any European interference on the North American continent; and should any such interference be attempted, will be ready to resist it at any and all hazards.

It is well known to the American people and to all nations that this government has never interfered with the relations subsisting between other governments. We have never made ourselves parties to their wars or their alliances; we have not sought their territories by conquest; we have not mingled with parties in their domestic struggles; and, believing our own form of government to be the best, we have never attempted to propagate it by intrigues, by diplomacy, or by force. We may claim on this continent a like exemption from European interference. The nations of America are equally sovereign and independent with those of Europe. 0019 19 They possess the same rights, independent of all foreign interposition, to make war, to conclude peace, and to regulate their internal affairs. The people of the United States cannot, therefore, view with indifference attempts of European Powers to interfere with the independent action of the nations on this continent. The American system of government is entirely different from that of Europe. Jealousy among the different sovereigns of Europe, lest any one of them might become too powerful for the rest, has caused them anxiously to desire the establishment of what they term the “balance of power.” It cannot be permitted to have any application on the North American continent, and especially to the United States. We must ever maintain the principle, that the people of this continent alone have the right to decide their own destiny. Should any portion of them, constituting an independent state, propose to unite themselves with our confederacy, this will be a question for them and us to determine, without any foreign interposition. We can never consent that European Powers shall interfere to prevent such a union, because it might disturb the “balance of power” which they may desire to maintain upon this continent. Near a quarter of a century ago, the principle was distinctly announced to the world, in the annual message of one of my predecessors, that “the American continents, by the free and independent condition which they have assumed and maintain, are henceforth not to be considered as subjects for future colonization by any European Power.” This principle will apply with greatly increased force, should any European Power attempt to establish any new colony in North America. In the existing circumstances of the world, the present is deemed a proper occasion to reiterate and reaffirm the principle avowed by Mr. Monroe, and to state my cordial concurrence in its wisdom and sound policy. The reassertion of this principle, especially in reference to North America, is, at this day, but the promulgation of a policy-which no European Power should cherish the disposition to resist. Existing rights of every European nation should be respected; but it is due alike to our safety and our interests, that the efficient protection of our laws should be extended over our whole territorial limits, and that it should be distinctly announced to the world as our settled policy, that no future European colony or dominion shall, with our consent, be planted or established on any part of the North American continent.

A question has recently arisen under the tenth article of the subsisting treaty between the United States and Prussia. By this article, the consuls of the two countries have the right to sit as judges and arbitrators “in such differences as may arise between the captains and crews of the vessels belonging to the nation whose interests are committed to their charge, without the interference of the local authorities, unless the conduct of the crews or of the captain should disturb the order or tranquillity of the country; or the said consuls should require their assistance to cause their decisions to be carried into effect or supported.”

The Prussian consul at New Bedford, in June, 1844, applied to Mr. Justice Story to carry into effect a decision made by him between the captain and crew of the Prussian ship Borussia; but the request was refused on the ground that, without previous legislation by Congress, the judiciary did not possess the power to give effect to this article of the treaty. The Prussian government, through, their minister here, have complained of this violation of the treaty, and have asked the government of the 0020 20 United States to adopt the necessary measures to prevent similar violations hereafter. Good faith to Prussia, as well as to other nations with whom we have similar treaty stipulations, requires that these should be faithfully observed. I have deemed it proper, therefore, to lay the subject before Congress, and to recommend such legislation as may be necessary to give effect to these treaty obligations.

By virtue of an arrangement made between the Spanish government and that of the United States, in December, 1831, American vessels, since the twenty-ninth of April, 1832, have been admitted to entry in the ports of Spain, including those of the Balearic and Canary islands, on payment of the same tonnage duty of five cents per ton, as though they had been Spanish vessels; and this, whether our vessels arrive in Spain directly from the United States, or indirectly from any other country. When Congress, by the act of the thirteenth of July, 1832, gave effect to this arrangement between the two governments, they confined the reduction of tonnage duty merely to Spanish vessels “coming from a port in Spain,” leaving the former discriminating duty to remain against such vessels coming from a port in any other country. It is manifestly unjust that, whilst American vessels arriving in the ports of Spain from other countries pay no more duty than Spanish vessels, Spanish vessels arriving in the ports of the United States from other countries should be subjected to heavy discriminating tonnage duties. This is neither equality nor reciprocity, and is in violation of the arrangement concluded in December, 1831, between the two countries. The Spanish government have made repeated and earnest remonstrances against this inequality, and the favorable attention of Congress has been several times invoked to the subject by my predecessors. I recommend, as an act of justice to Spain, that this inequality be removed by Congress, and that the discriminating duties which have been levied under the act of the thirteenth of July, 1832, on Spanish vessels coming to the United States from any other foreign country, be refunded. This recommendation does not embrace Spanish vessels arriving in the United States from Cuba and Porto Rico, which will still remain subject to the provisions of the act of June thirtieth, 1834, concerning tonnage-duty on such vessels.

By the act of the fourteenth of July, 1832, coffee was exempted from duty altogether. This exemption was universal, without reference to the country where it was produced, or the national character of the vessel in which it was imported. By the tariff act of the thirtieth of August, 1842, this exemption from duty was restricted to coffee imported in American vessels from the place of its production; whilst coffee imported under all other circumstances was subjected to a duty of twenty per cent. ad valorem . Under this act, and our existing treaty with the King of the Netherlands, Java coffee imported from the European ports of that kingdom into the United States, whether in Dutch or American vessels, now pays this rate of duty. The government of the Netherlands complains that such a discriminating duty should have been imposed on coffee, the production of one of its colonies, and which is chiefly brought from Java to the ports of that kingdom, and exported from thence to foreign countries. Our trade with the Netherlands is highly beneficial to both countries, and our relations with them have ever been of the most friendly character. Under all the circumstances of the case, I recommend that this discrimination should be abolished, and that the coffee of Java, imported from the 0021 21 Netherlands, be placed upon the same footing with that imported directly from Brazil and other countries where it is produced.

Under the eighth section of the tariff act of the thirtieth of August, 1842, a duty of fifteen cents per gallon was imposed on Port wine in casks; while, on the red wines of several other countries, when imported in casks, a duty of only six cents per gallon was imposed. This discrimination, so far as regarded the Port wine of Portugal, was deemed a violation of our treaty with that Power, which provides, that “No higher or other duties shall be imposed on the importation into the United States of America of any article the growth, produce, or manufacture of the kingdom and possessions of Portugal, than such as are or shall be payable on the like article being the growth, produce, or manufacture of any other foreign country.” Accordingly, to give effect to the treaty, as well as to the intention of Congress, expressed in a proviso to the tariff act itself, that nothing therein contained should be so construed as to interfere with subsisting treaties with foreign nations, a treasury circular was issued on the sixteenth of July, 1844, which, among other things, declared the duty on the Port wine of Portugal, in casks, under the existing laws and treaty, to be six cents per gallon, and directed that the excess of duties which had been collected on such wine should be refunded. By virtue of another clause in the same section of the act, it is provided that all imitations of Port, or any other wines, “shall be subject to the duty provided for the genuine article.” Imitations of Port wine, the production of France, are imported to some extent into the United States; and the government of that country now claims that, under a correct construction of the act, these imitations ought not to pay a higher duty than that imposed upon the original Port wine of Portugal. It appears to me to be unequal and unjust, that French imitations of Port wine should be subjected to a duty of fifteen cents, while the more valuable article from Portugal should pay a duty of six cents only per gallon. I therefore recommend to Congress such legislation as may be necessary to correct the inequality.

The late President, in his annual message of December last, recommended an appropriation to satisfy the claims of the Texan government against the United States, which had been previously adjusted, so far as the powers of the Executive extend. These claims arose out of the act of disarming a body of Texan troops under the command of Major Snively, by an officer in the service of the United States, acting under the orders of our government; and the forcible entry into the custom-house at Bryarly's landing, on Red river, by certain citizens of the United States, and taking away therefrom the goods seized by the collector of the customs as forfeited under the laws of Texas. This was a liquidated debt, ascertained to be due to Texas when an independent State. Her acceptance of the terms of annexation proposed by the United States does not discharge or invalidate the claim. I recommend that provision be made for its payment.

The commissioner appointed to China during the special session of the Senate in March last, shortly afterwards set out on his mission in the United States ship Columbus. On arriving at Rio de Janeiro on his passage, the state of his health had become so critical, that, by the advice of his medical attendants, he returned to the United States early in the month of October last. Commodore Biddle, commanding the East India squadron, proceeded on his voyage in the Columbus, and was charged 0022 22 by the commissioner with the duty, of exchanging with the proper authorities the ratifications of the treaty lately concluded with the Emperor of China. Since the return of the commissioner to the United States, his health has been much improved, and he entertains the confident belief that he will soon be able to proceed on his mission.

Unfortunately, differencs continue in exist among some of the nations of South America, which, following our example, have established their independence; while in others, internal dissensions prevail. It is natural that our sympathies should be warmly enlisted for their welfare; that we should desire that all controversies between them should be amicably adjusted, and their governments administered in a manner to protect the right, and promote the prosperity of their people. It is contrary, however, to our settled policy, to interfere in their controversies, whether external or internal.

I have thus adverted to all the subjects connected with our foreign relations, to which I deem it necessary to call your attention. Our policy is not only peace with all, but good will towards all the Powers of the earth. While we are just to all, we require that all shall be just to us, Excepting the differences with Mexico and Great Britain, our relations with all civilized nations are of the most satisfactory character. It is hoped that in this enlightened age, these differences may be amicably adjusted.

The Secretary of the Treasury, in his annual report to Congress, will communicate a full statement of the condition of our finances. The imports for the fiscal year ending on the thirtieth of June last, were of the value of one hundred and seventeen millions two hundred and fifty-four thousand five hundred and sixty-four dollars, of which the amount exported was fifteen millions three hundred and forty-six thousand eight hundred and thirty dollars—leaving a balance of one hundred and one millions nine hundred and seven thousand seven hundred and thirty-four dollars for domestic consumption. The exports for the same year were of the value of one hundred and fourteen millions six hundred and forty-six thousand six hundred and six dollars; of which, the amount of domestic articles was ninety-nine millions two hundred and ninety-nine thousand seven hundred and seventy-six dollars. The receipts into the treasury during the same year were twenty-nine millions seven hundred and sixty-nine thousand one hundred and thirty-three dollars, and fifty-six cents; of which, there were derived from customs twenty-seven millions five hundred and twenty eight thousand one hundred and twelve dollars and seventy cents; from sales of public lands, two millions seventy-seven thousand and twenty-two dollars and thirty cents; and from incidental and miscellaneous sources, one hundred and sixty-three thousand nine hundred and ninety-eight dollars and fifty-six cents. The expenditures for the same period were twenty-nine millions nine hundred and sixty-eight thousand two hundred and six dollars and ninety-eight cents; of which, eight millions five hundred and eighty-eight thousand one hundred and fifty-seven dollars and sixty-two cents were applied to the payment of the public debt. The balance in the treasury on the first of July last, was seven millions six hundred and fifty-eight thousand three hundred and six dollars and twenty-two cents.

The amount of the public debt remaining unpaid on the first of October last, was seventeen millions seventy-five thousand four hundred and forty-five dollars and fifty-two cents. Further payments of the public debt 0023 23 would have been made, in anticipation of the period of its reimbursement under the authority conferred upon the Secretary of the Treasury by the acts of July twenty-first, 1841, and of April fifteenth, 1842, and March third, 1843, had not the unsettled state of our relations with Mexico menaced hostile collision with that Power. In view of such a contingency, it was deemed prudent to retain in the treasury an amount Unusually large for ordinary purposes.

A few years ago, our whole national debt growing out of the Revolution and the War of 1812 with Great Britain was extinguished, and we presented to the world the rare and noble spectacle of a great and growing people who had fully discharged every obligation. Since that time, the existing debt has been contracted; and small as it is, in comparison with the similar burdens of most other nations, it should be extinguished at the earliest practicable period. Should the state of the country permit, and, especially, if our foreign relations interpose no obstacle, it is contemplated to apply all the moneys in the treasury, as they accrue beyond what is required for the appropriations by Congress, to its liquidation. I cherish the hope of soon being able to congratulate the country on its recovering once more the lofty position which it so recently occupied. Our country, which exhibits to the world the benefits of self-government, in developing all the sources of national prosperity, owes to mankind the permanent example of a nation free from the blighting influence of a public debt.

The attention of Congress is invited to the importance of making suitable modifications and reductions of the rates of duty imposed by our present tariff laws. The object of imposing duties on imports should be to raise revenue to pay the necessary expenses of government. Congress may, undoubtedly, in the exercise of a sound discretion, discriminate in arranging the rates of duty on different articles; but the discriminations should be within the revenue standard, and be made with the view to raise money for the support of government.

It becomes important to understand distinctly what is meant by a revenue standard. the maximum of which should not be exceeded in the rates of duty imposed. It is conceded, and experience proves, that duties may be laid so high as to diminish or prohibit altogether the importation of any given article, and thereby lessen or destroy the revenue which, at lower rates, would be derived from its importation. Such duties exceed the revenue rates, and are not imposed to raise money for the support of government. It Congress levy a duty for revenue of one per cent. on a given article, it will produce a given amount of money to the treasury, and will incidentally and necessarily afford protection or advantage to the amount of one per cent. to the home manufacturer of a similar or like article over the importer. If the duty be raised to ten per cent., it will produce a greater amount of money, and afford greater protection. if it be still raised to twenty, twenty-five, or thirty per cent., and if, as it is raised, the revenue derived from it is found to be increased, the protection or advantage will also be increased; but if it be raised to thirty-one per cent., and it is found that the revenue produced at that rate is less than at thirty per cent., it ceases to be a revenue duty. The precise point in the ascending scale of duties at which it is ascertained from experience that the revenue is greatest, is the maximum rate of duty which can be laid for the bona fide purpose of collecting money for the support of government. To raise the duties higher than that point, and thereby diminish the 0024 24 amount collected, is to levy them for protection merely, and not for revenue. As long, then, as Congress may gradually increase the rate of duty on a given article, and the revenue, is increased by such increase of duty, they are within the revenue standard. When they go beyond that point, and as they increase the duties, the revenue is diminished or destroyed; the act ceases to have for its object the raising of money to support government, but is for protection merely.

It does not follow that Congress should levy the highest duty on all articles of import which they will bear within the revenue standard; for such rates would probably produce a much larger amount than the economical administration of the government would require. Nor does it follow that the duties on all articles should be at the same, or a horizontal rate. Some articles will bear a much higher revenue duty than others. Below the maximum of the revenue standard Congress may and ought to discriminate in the rates imposed, taking care so to adjust them on different articles as to produce in the aggregate the amount which, when added to the proceeds of the sales of public lands, may be needed to pay the economical expenses of the government.

In levying a tariff of duties Congress exercise the taxing power, and for purposes of revenue may select the objects of taxation. They may exempt certain articles altogether, and permit their importation free of duty. On others they may impose low duties. In these classes should be embraced such articles of necessity as are in general use, and especially such as are consumed by the laborer and poor, as well as by the wealthy citizen. Care should be taken that all the great interests of the country, including manufactures, agriculture, commerce, navigation, and the mechanic arts, should, as far as may be practicable, derive equal advantages from the incidental protection which a just system of revenue duties may afford. Taxation, direct or indirect, is a burden, and it should be so imposed as to operate as equally as may be on all classes, in the proportion of their ability to bear it. To make the taxing power an actual benefit to one class, necessarily increases the burden of the others beyond their proportion, and would be manifestly unjust. The terms “protection to domestic industry,” are of popular import; but they should apply under a just system to all the various branches of industry in our country. The farmer or planter who toils yearly in his fields, is engaged in “domestic industry,” and is as much entitled to have his labor “protected,” as the manufacturer, the man of commerce, the navigator, or the mechanic, who are engaged also in “domestic industry” in their different pursuits. The joint labors of all these classes constitute the aggregate of the “domestic industry” of the nation, and they are equally entitled to the nation's “protection.” No one of them can justly claim to be the exclusive recipients of “protection,” which can only be afforded by increasing burdens on the “domestic industry” of the others.

If these views be correct, it remains to inquire how far the tariff act of 1842 is consistent with them. That many of the provisions of that act are in violation of the cardinal principles here laid down, all must concede. The rates of duty imposed by it on some articles are prohibitory, and on others so high as greatly to diminish importations, and to produce a less amount of revenue than would be derived from lower rates. They operate as “protection merely,” to one branch of “domestic industry,” by taxing other branches.

0025 25

By the introduction of minimums, or assumed and false values, and by the imposition of specific duties, the injustice and inequality of the act of 1842 in its practical operations on different classes and pursuits are seen and felt. Many of the oppressive duties imposed by it under the operation of these principles, range from one per cent. to more than two hundred per cent. They are prohibitory on some articles, and partially so on others, and bear most heavily on articles of common necessity, and but lightly on articles of luxury. It is so framed that much the greatest burden which it imposes is thrown on labor and the poorer classes who are least able to bear it, while it protects capital and exempts the rich from paying their just proportion of the taxation required for the support of government. While it protects the capital of the wealthy manufacturer, and increases his profits, it does not benefit the operatives or labourers in his employment, whose wages have not been increased by it. Articles of prime necessity or of coarse quality and low price, used by the masses of the people, are, in many instances, subjected by it to heavy taxes, while articles of finer quality and higher price, or of luxury, which can be used only by the opulent, are lightly taxed. It imposes heavy and unjust burdens on the farmer, the planter, the commercial man, and those of all other pursuits except the capitalist who has made his investments in manufactures. All the great interests of the country are not, as nearly as may be practicable, equally protected by it.

The government in theory knows no distinction of persons or classes, and should not bestow upon some favors and privileges which all others may not enjoy. It was the purpose of its illustrious founders to base the institutions which they reared upon the great and unchanging principles of justice and equity, conscious that if administered in the spirit in which they were conceived, they would be felt only by the benefits which they diffused, and would secure for themselves a defence in the hearts of the people more powerful than standing armies, and all the means and appliances invented to sustain governments founded in injustice and oppression.

The well-known fact that the tariff act of 1842 was passed by a majority of one vote in the Senate, and two in the House of Representatives, and that some of those who felt themselves constrained, under the peculiar circumstances existing at the time, to vote in its favor, proclaimed its defects, and expressed their determination to aid in its modification on the first opportunity, affords strong and conclusive evidence that it was not intended to be permanent, and of the expediency and necessity of its thorough revision.

In recommending to Congress a reduction of the present rates of duty, and a revision and modification of the act of 1842, I am far from entertaining opinions unfriendly to the manufacturers. On the contrary, I desire to see them prosperous, as far as they can be so, without imposing unequal burdens on other interests. The advantage under any system of indirect taxation, even within the revenue standard, must be in favor of the manufacturing interest; and of this, no other interest will complain.

I recommend to Congress the abolition of the minimum principle, or assumed, arbitrary, and false values, and of specific duties, and the substitution in their place of ad valorem duties, as the fairest and most equitable indirect tax which can be imposed. By the ad valorem principle, all articles are taxed according to their cost or value, and those which are of inferior quality, or of small cost, bear only the just proportion of the tax with 0026 26 those which are of superior quality or greater cost. The articles consumed by all are taxed at the same rate. A system of ad valorem revenue duties, with proper discriminations and proper guards against frauds in collecting them, it is not doubted, will afford ample incidental advantages to the manufacturers, and, enable them, to derive as great profits as can be derived from any other regular business. It is believed that such a system, strictly within the revenue standard, will place the manufacturing interests on a stable footing, and inure to their permanent advantage; while it will, as nearly as may be practicable, extend to all the great interests of the country the indicental protection which can be afforded by our revenue laws. Such a system, when once firmly established, would be permanent, and not be subject to the constant complaints, agitations, and changes which must ever occur when duties are not laid for revenue, but for the “protection merely” of a favored interest.

In the deliberations of Congress on this subject, it is hoped that a spirit of mutual concession and compromise between conflicting interests may prevail, and that the result of their labors may be crowned with the happiest consequences.

By the constitution of the United States it is provided, that “no money shall be drawn from the treasury but in consequence of appropriations made by law.” A public treasury was undoubtedly contemplated and intended to be created, in which the public money should be kept from the period of collection until needed for public uses. In the collection and disbursement of the public money, no agencies have ever been employed by law except such as were appointed by the government, directly responsible to it, and under its control. The safe keeping of the public money should be confided to a public treasury created by law, and under like responsibility and control. It is not to be imagined that the framers of the constitution could have intended that a treasury should be created as a place of deposite and safe keeping of the public money which was irresponsible to the government. The first Congress under the constitution, by the act of the second of September, 1789, “to establish the Treasury Department,” provided for the appointment of a treasurer, and made it his duty “to receive and keep the moneys of the United States,” and “at all times to submit to the Secretary of the Treasury and the Comptroller, or either of them, the inspection of the moneys in his hands.”

That banks, national or state, could not have been intended to be used as a substitute for the treasury spoken of in the constitution, as keepers of the public money, is manifest from the fact, that at that time there was no national bank, and but three or four State banks of limited capital existed in the country. Their employment as depositories was at first resorted to, to a limited extent, but with no avowed intention of continuing them permanently, in place of the treasury of the constitution. When they were, afterwards from time to time employed, it was from motives of supposed convenience.

Our experience has shown, that when banking corporations have been the keepers of the public money, and been thereby made in effect the treasury, the government can have no guarantee that it can command the use of its own money for public purposes. The late Bank of the United States proved to be faithless. The State banks which were afterwards employed were faithless. But a few years ago, with millions of public money in their keeping, the government was brought almost to bankruptcy, 0027 27 and the public credit seriously impaired, because of their inability or indisposition to pay, on demand, to the public creditors, in the only currency recognised by the constitution. Their failure occurred in a period of peace, and great inconvenience and loss were suffered by the public from it. Had the country been involved in a foreign war, that inconvenience and loss would have been much greater, and might have resulted in extreme public calamity. The public money should not be mingled with the private funds of banks or individuals, or be used for private purposes. When it is placed in banks for safe keeping, it is in effect loaned to them without interest, and is loaned by them upon interest to the borrowers from them. The public money is converted into banking capital, and is used and loaned out for the private profit of bank stockholders, and when called for, (as was the case in 1837,) it may be in the pockets of the borrowers from the banks, instead of being in the public treasury contemplated by the constitution. The framers of the constitution could never have intended that the money paid into the treasury should be thus converted to private use, and placed beyond the control of the government.

Banks which hold the public money are often tempted, by a desire of gain, to extend their loans, increase their circulation, and thus stimulate, if not produce a spirit of speculation and extravagance, which sooner or later must result in ruin to thousands. If the public money be not permitted to be thus used, but be kept in the treasury and paid out to the public creditors in gold and silver, the temptation afforded by its deposite with banks to an undue expansion of their business would be checked, while the amount of the constitutional currency left in circulation would be enlarged by its employment in the public collections and disbursements, and the banks themselves would in consequence be found in a safer and sounder condition.

At present, State banks are employed as depositories, but without adequate regulation of law, whereby the public money can be secured against the casualties and excesses, revulsions, suspensions, and defalcations to which, from overissues, overtrading, an inordinate desire for gain, or other causes, they are constantly exposed. The Secretary of the Treasury has in all cases, when it was practicable, taken collateral security for the amount which they hold, by the pledge of stocks of the United States, or such of the States as were in good credit. Some of the deposite banks have given this description of security, and others have declined to do so.

Entertaining the opinion that “the separation of the moneys of the government from banking institutions is indispensable for the safety of the funds of the government and the rights of the people,” I recommend to Congress that provision be made by law for such separation, and that a constitutional treasury be created for the safe-keeping of the public money. The constitutional treasury recommended is designed as a secure depository for the public money, without any power to make loans or discounts, or to issue any paper whatever as a currency or circulation. I cannot doubt that such a treasury as was contemplated by the constitution should be independent of all banking corporations. The money of the people should be kept in the treasury of the people created by law, and be in the custody of agents of the people chosen by themselves, according to the forms of the constitution; agents who are directly responsible to the government, who are under adequate bonds and oaths, and who are subject to severe punishments for any embezzlement, private use, or misapplication 0028 28 of the public funds, and for any failure in other, respects to perform their duties. To say that the people or their government are incompetent, or not to be trusted with the custody of their own money, in their own treasury, provided by themselves, but must rely on the presidents, cashiers, and stockholders of banking corporations, not appointed by them, nor responsible to them, would be to concede that they are incompetent for self-government.

In recommending the establishment of a constitutional treasury, in which the public money shall be kept, I desire that adequate provision be made by law for its safety, and that all Executive discretion or control over it shall be removed, except such as may be necessary in directing its disbursement in pursuance of appropriations made by law.

Under our present land system, limiting the minimum price at which the public lands can be entered to one dollar and twenty-five cents per acre, large quantities of lands of inferior quality remain unsold, because they will quantities of lands of inferior quality, remain unsold, because not command that price. From the records of the General Land Office it appears, that, of the public lands remaining unsold in the several States and Territories in which they are situated, thirty-nine millions one hundred and five thousand five hundred and seventy-seven acres have been in the market, subject to entry more than twenty years; forty-nine millions six hundred and thirty-eight thousand six hundred and forty-four acres for more than fifteen years; seventy-three millions seventy-four thousand and six hundred acres for more than ten years; and one hundred and six millions one hundred and seventy-six thousand nine hundred and sixty-one acres for more than five years. Much the largest portion of these lands will continue to be unsaleable at the minimum price at which they are permitted to be sold, so long as large territories of lands from which the more valuable portions have not been selected are annually brought into market by the government. With the view to the sale and settlement of these inferior lands, I recommend that the price be graduated and reduced below the present minimum rate, confining the sales at the reduced prices to settlers and cultivators, in limited quantities. If graduated and reduced in price for a limited term to one dollar per acre, and after the expiration of that period for a second and third term to lower rates, a large portion of these lands would be purchased, and many worthy citizens, who are unable to pay higher rates, could purchase homes for themselves and their families. By adopting the policy of graduation and reduction of price, these inferior lands will be sold for their real value, while the States in which they lie will be freed from the inconvenience, if not injustice, to which they are subjected, in consequence of the United States continuing to own large quantities of the public lands within their borders, not liable to taxation for the support of their local governments.

I recommend the continuance of the policy of granting pre-emptions, in its most liberal extent, to all those who have settled, or may hereafter settle, on the public lands, whether surveyed or unsurveyed, to which the Indian title may have been extinguished at the time of settlement. It has been found by experience, that in consequence of combinations of purchasers and other causes, a very small quantity of the public lands, when sold at public auction, commands a higher price than the minimum rate established by law. The settlers on the public lands are, however, but rarely able to secure their homes and improvements at the public sales at that rate; because these combinations, by means of the capital they command, 0029 29 and their superior ability to purchase, render it impossible for the settler to compete with them in the market. By putting down all competition, these combinations of capitalists and speculators are usually enabled to purchase the lands, including the improvements of the settlers, at the minimum price of the government, and either turn them out of their homes, or extort from them, according to their ability to pay, double or quadruple the amount paid for them to the government. It is to the enterprise and perseverance of the hardy pioneers of the West, who penetrate the wilderness with their families, suffer, the dangers, the privations, and hardships attending the settlement of a new country, and prepare the way for the body of emigrants who, in the course of a few years, usually follow them, that we are, in a great degree, indebted for the rapid extension and aggrandizement of our country.

Experience has proved that no portion of our population are more patriotic, than the hardy and brave men of the frontier, or more ready to obey the call of their country, and to defend her rights and her honor, whenever and by whatever enemy assailed. They should be protected from the grasping speculator, and secured, at the minimum price of the public lands, in the humble homes which they have improved by their labor. With this end in view, all vexatious or unnecessary restrictions imposed upon them by the existing pre-emption laws should be repeated or modified. It is the true policy of the government to afford facilities to its citizens to become the owners of small portions of our vast public domain at low and moderate rates.

The present system of managing the mineral lands of the United States is believed to be radically defective. More than a million of acres of the public lauds, supposed to contain lead and other minerals, have been reserved from sale, and numerous leases upon them have been granted to individuals upon a stipulated rent. The system of granting leases has proved to be not only unprofitable to the government, but unsatisfactory to the citizens who have gone upon the lands, and must, if continued, lay the foundation of much future difficulty between the government and the lessees. According to the official records, the amount of rents received by the government for the years 1841, 1842, 1843, and 1844, was six thousand three hundred and fifty-four dollars and seventy-four cents; while the expenses of the system during the same period, including salaries of superintendents, agents, clerks, and incidental expenses, were twenty-six thousand one hundred and eleven dollars and eleven cents; the income being less than one-fourth of the expenses. To this pecuniary loss may be added the injury sustained by the public in consequence of the destruction of timber, and the careless and wasteful manner of working the mines. The system has given rise to much litigation between the United States and individual citizens, producing irritation and excitement in the mineral region, and involving the government in heavy additional expenditures. It is believed that similar losses and embarrassments will continue to occur, while the present system of leasing these lands remains unchanged. These lands are now under the superintendence and care of the War Department, with the ordinary duties of which they have no proper or natural connexion. I recommend the repeal of the present system, and that these lands be placed under the superintendence and management of the General Land Office, as other public lands, and be brought into market and sold upon such terms as Congress in their wisdom may 0030 30 prescribe, reserving to the government an equitable per courage of the gross amount of mineral product, and that the pre-emption principle be extended to resident, miners and settlers, upon them, at the minimum price which may be established by Congress.

I refer you to the accompanying report of the Secretary of War, for information respecting the present situation of the army, and, its operations during the past year; the state of our defences; the condition of the public works; and our relations with the various Indian tribes within our limits or upon our borders. I invite your attention, to the suggestions contained in that report in relation to these prominent objects of national interest.

When orders were given during the past summer for concentrating a military force on the western frontier of Texas, our troops were widely dispersed, and in small detachments, occupying posts remote from each other. The prompt and expeditious manner in which an army, embracing more than half our peace establishment, was drawn together on an emergency so sudden, reflects great credit on the officers who were intrusted with the execution of these orders, as well as upon the discipline of the army itself. To be in strength to protect and defend the people and territory of Texas, in the event Mexico should commence hostilities, or invade her territories with a large army, which she threatened, I authorized the general assigned to the command of the army of occupation to make requisitions for additional forces from several of the States nearest the Texan territory, and which could most expeditiously furnish them, if, in his opinion, a larger force than that under his command, and the auxiliary aid which, under like circumstances, he was authorized to receive from Texas, should be required. The contingency upon which the exercise of this authority depended, has not occurred. The circumstances under which two companies of State artillery from the city of New Orleans were sent into Texas, and mustered into the service of the United States, are fully stated in the report of the Secretary of War. I recommend to Congress that provision be made for the payment of these troops, as well as a small number of Texan volunteers, whom the commanding general thought it necessary to receive or muster into our service.

During the last summer, the first regiment of dragoons, made extensive excursions through the Indian country on our borders, a part of them advancing nearly to the possessions of the Hudson's Bay Company in the north, and a part as far as the South Pass of the Rocky mountains, and the head waters of the tributary streams of the Colorado of the West. The exhibition of this military force among the Indian tribes in those distant regions, and the councils held with them by the commanders of the expeditions, it is believed, will have a salutary influence in restraining them from hostilities among themselves, and maintaining friendly relations between them and the United States. An interesting account of one of these excursions accompanies the report of the Secretary of War. Under the directions of the War Department, Brevet Captain Fremont, of, the corps of topographical engineers, has been employed, since 1842 in exploring the country west of the Mississippi, and beyond the Rocky mountains. Two expeditions have already been brought to a close, and the reports of that, scientific and enterprising officer have furnished much interesting and valuable information. He is now engaged in a third expedition; but it is not expected that this arduous service will be completed in season to enable me to communicate the result to Congress at the present session.

0031 31

Our relation with the Indian tribes are of a favorable character. The policy of removing them to a country designed for their permanent residence west of the Mississippi, and without the limits of the organized States and Territories, is better appreciated by them than it was a few years ago; while education is now attended to, and the habits of civilized life are gaining ground among them.

Serious difficulties of long standing continue to distract the several parties into which the Cherokees are unhappily divided. The efforts of the government to adjust the difficulties between them, have heretofore proved unsuccessful; and there remains no probability that this desirable object can be accomplished without the aid of further legislation by Congress. I will, at an early period of your session, present the subject for your consideration, accompanied with an exposition of the complaints and claims of the several parties into which the nation is divided, with a view to the adoption of such measures by Congress as may enable the Executive to do justice to them respectively, and to put an end, if possible, to the dissensions which have long prevailed, and still prevail, among them.

I refer you to the report of the Secretary of the Navy for the present condition of that branch of the national defence; and for grave suggestions, having for their object the increase of its efficiency, and a greater economy in its management. During the past year the officers and men have performed their duty in a satisfactory manner. The orders which have been given, have been executed with promptness and fidelity. A larger force than has often formed one squadron under our flag was readily concentrated in the Gulf of Mexico, and apparently without unusual effort. It is especially to be observed, that notwithstanding the union of so considerable a force, no act was committed that even the jealousy of an irritated power could construe as an act of aggression; and that the commander of the squadron, and his officers, in strict conformity with their instructions, holding themselves ever ready for the most active duty, have achieved the still purer glory of contributing to the preservation of peace. It is believed that at all our foreign stations the honor of our flag has been maintained, and that generally our ships of war have been distinguished for their good discipline and order. I am happy to add, that the display of maritime force which was required by the events of the summer has been made wholly within the usual appropriations for the service of the year, so that no additional appropriations are required.

The commerce of the United States, and with it the navigating interests, have steadily and rapidly increased since the organization of our government, until, it is believed, we are now second to but one Power in the world, and at no distant day we shall probably be inferior to none, Exposed as they must be it has been a wise policy to afford to these important interests protection with our ships of war, distributed in the great highways of trade throughout the world. For more than thirty years appropriations have been made, and annually expended, for the gradual increase of our naval forces. In peace, our navy performs the important duty of protecting our commerce; and, in the event of war, will be, as it has been, a most efficient means of defence.

The successful use of steam navigation on the ocean has been followed by the introduction of war steamers in great and increasing numbers into the navies of the principal maritime Powers of the world. A due regard to our own safety and to an efficient protection to our large and increasing 0032 32 commerce demands a corresponding increase on our part. No country has greater facilities for the construction of vessels of this description than ours, or can promise itself greater advantages from their employment. They are admirably adapted to the protection of our commerce, to the rapid transmission of intelligence, and to the coast defence. In pursuance of the wise policy of a gradual increase of our navy, large supplies of live oak timber, and other materials for shipbuilding, have been collected, and are now under shelter and in a state of good preservation, while iron steamers can be built with great facility in various parts of the Union. The use of iron as a material, especially in the construction of steamers, which can enter with safety many of the harbors along our coast now inaccessible to vessels of greater draught, and the practicability of constructing them in the interior, strongly recommends that liberal appropriations should be made for this important object. Whatever may have been our policy in the earlier stages of the government, when the nation was in its infancy, our shipping interests and commerce comparatively small our resources limited, our population sparse and scarcely extending beyond the limits of the original thirteen States, that policy must be essentially different now that we have grown from three to more than twenty millions of people,—that our commerce, carried in our own ships, is found in every sea, and that our territorial boundaries and settlements have been so greatly expanded. Neither our commerce, nor our long line of coast on the ocean and on the lakes can be successfully defended against foreign aggression by means of fortifications alone. These are essential at important commercial and military points, but our chief reliance for this object must be on a well-organized, efficient navy. The benefits resulting from such a navy are not confined to the Atlantic States. The productions of the interior which seek a market abroad, are directly dependant on the safety and freedom of our commerce. The occupation of the Balize below New Orleans by a hostile force would embarrass, if not stagnate, the whole export trade of the Mississippi, and affect the value of the agricultural products of the entire valley of that mighty river and its tributaries.

It has never been our policy to maintain large standing armies in time of peace. They are contrary to the genius of our free institutions, would impose heavy burdens on the people, and be dangerous to public liberty. Our reliance for protection and defence on the land must be mainly on our citizen soldiers, who will be ever ready, as they ever have been ready in times past, to rush with alacrity, at the call fence. This description of force, however, cannot defend our coast, harbors, and inland seas, nor protect our commerce on the ocean or the lakes. These must be protected by our navy.

Considering an increased naval three, and especially of steam vessels, corresponding with our growth and importance, and proportioned to the increase and increasing naval power of other nations, of vast importance as regards our safety, and the great and growing interests to be protected by it, I recommend the subject to the favorable consideration of Congress.

The report of the Postmaster General herewith communicated contains a detailed statement of the operations of his department during the past year. It will be seen that the income from postage, will fall short of the expenditures for the year between one and two millions of dollars. This deficiency has been caused by the reduction of the rates of postage, which 0033 33 was made by the act of the third of March last. No principle has been more generally acquiesced in by the people than that this department should sustain itself by limiting its expenditures to its income. Congress has never sought to make it a source of revenue for general purposes, except for a short period during the last war with Great Britain, nor should it ever become a charge on the general treasury. If Congress shall adhere to this principle, as I think they ought, it will be necessary either to curtail the present mail service, so as to reduce the expenditures, or so to modify the act of the third of March last as to improve its revenues. The extension of the mail service, and the additional, facilities which will be demanded by the rapid extension and increase of population on our western frontier, will not admit of such curtailment as will materially reduce the present expenditures. In the adjustment of the tariff of postages, the interests of the people demand that the lowest rates be adopted which will produce the necessary revenue to meet the expenditures of the department. I invite the attention of Congress to the suggestions of the Postmaster General on this subject, under the belief that such a modification of the late law may be made as will yield sufficient revenue without further calls on the treasury, and with very little change in the present rates of postage.

Proper measures have been taken, in pursuance of the act of the third of March last, for the establishment of lines of mail steamers between this and foreign countries. The importance of this service commends itself strongly to favorable consideration.

With the growth of our country, the public business which devolves on the heads of the several executive departments has greatly increased. In some respects, the distribution of duties amens them seems to be incongruous, and many of these might be transferred from one to another with advantage to the public interests. A more auspicious time for the consideration of this subject by Congress, with a view to system in the organization of the several departments, and a mere appropriate division of the public business, will not probably occur.

The most important duties of the State Department relate to our foreign affairs. By the great enlargement of the family of nations, the increase of our commerce, and the corresponding extension of our consular system, the business of this department has been greatly increased. In its present organization, many duties of a domestic nature, and consisting of details, are devolved on the Secretary of State, which do not appropriately belong to the foreign department of the government, and may properly be transferred to some other department. One of these grows out of the present state of the law concerning the Patent Office, which, a few years since, was a subordinate clerkship, but has become a distinct bureau of great importance. With an excellent internal organization, it is still connected with the State Department. In the transaction of its business, questions of much importance to inventors, and to the community, frequently arise, which by existing laws, are referred for decision to a board, of which the Secretary of State is a member. These questions are legal, and the connexion which now exists between the State Department and the Patent Office may, with great propriety and advantage, be transferred to the Attorney General.

In his last annual message to Congress, Mr. Madison invited attention to a proper provision for the Attorney General as “an important improvement in the executive establishment.” This recommendation was repeated 3 0034 34 by some of his successors. The official duties of the Attorney General have been much increased within a few years, and his office has become one of great importance. His duties may be still further increased with advantage to the public interests. As an executive officer his residence and constant attention at the seat of government are required. Legal questions, involving important principles, and large amounts of public money, are constantly referred to him by the President and executive departments for his examination and decision. The public business under his official management before the judiciary has been so augmented by the extension of our territory, and the acts of Congress authorizing suits against the United States for large bodies of valuable public lands, as greatly to increase his labors and responsibilities. I therefore recommend that the Attorney General be placed on the same footing with the heads of the other executive departments, with such subordinate officers, provided by law for his department, as may be required to discharge the additional duties which have been or may be devolved upon him.

Congress possess the power of exclusive legislation over the District of Columbia, and I commend the interests of its inhabitants to your favorable consideration. The people of this District have no legislative body of their own, and must confide their local as well as their general interests to representatives in whose election they have no voice, and over whose official conduct they have no control. Each member of the National Legislature should consider himself as their immediate representative, and should be the more ready to give attention to their interests and wants, because he is not responsible to them. I recommend that a liberal and generous spirit may characterize your measures in relation to them. I shall be ever disposed to show a proper regard for their wishes, and, within constitutional limits, shall at all times cheerfully co-operate with you for the advancement of their welfare.

I trust it may not be deemed inappropriate to the occasion for me to dwell for a moment on the memory of the most eminent citizen of our country, who, during the summer that is gone by, has descended to the tomb. The enjoyment of contemplating, at the advanced age of near fourscore years, the happy condition of his county, cheered the last hours of Andrew Jackson, who departed this life in the tranquil hope of a blessed immortality. His death was happy, as his life had been eminently useful. He had an unfaltering confidence in the virtue and capacity of the people, and in the permanence of that free government which he had largely contributed to establish and defend. His great deeds had secured to him the affections of his fellow-citizens, and it was his happiness to witness the growth and glory of his country which he loved so well. He departed amidst the benedictions of millions of freemen. The nation paid its tribute to his memory at his tomb. Coming generations will learn from his example the love of country and the rights of man. In his language on a similar occasion to the present, “I now commend you, fellow-citizens, to the guidance of Almighty God, with a full reliance on His merciful providence for the maintenance of our free institutions; and with an earnest supplication, that whatever errors it may be my lot to commit in discharging the arduous duties which have devolved on me, will linda remedy in the harmony and wisdom of your counsels.”

JAMES K. POLK.

Washington , December 2, 1845.

The message was read.

0035 35

On motion by Mr. Speight,

Ordered , That three thousand five hundred copies of the message, and fifteen hundred copies of the message and accompanying documents, in addition to the usual number, be printed for the use of the Senate.

Mr. Speight submitted the following resolution for consideration:

Resolved , That the President of the United States cause to be laid before the Senate, at as early a day as practicable, the report of the board of commissioners, appointed in pursuance of the act of Congress of the 23d of August 1842, entitled “An act to provide for the satisfaction of claims arising under the 14th article of the treaty of Dancing Rabbit creek, concluded in September, 1830,” embracing the testimony on which the claims arising under said treaty have been allowed; together with the amount of scrip requisite to satisfy the same, distinguishing the amount already issued.

Mr. Allen submitted the following resolution for consideration:

Resolved , That in addition to the copies of the President's message and accompanying documents, hitherto ordered to be printed for the use of the Senate, there be printed for the use of the Senate twenty-five thousand copies of the message, together with so much of the accompanying documents as relates to the negotiations between the United States and Great Britain on the subject of the Oregon territory.

On motion by Mr. Niles,

The Senate adjourned.

WEDNESDAY, December 3, 1845. Link to Annals.

The Vice President laid before the Senate the annual report of the Secretary of the Treasury, made conformably to law, on the state of the finances: which was read.

On motion by Mr. Speight,

Ordered , That it be printed, and that five thousand copies thereof, in addition to the usual number, be printed for the use of the Senate.

The Vice President laid before the Senate a report of the Treasurer of the United States, made agreeably to law, accompanied by copies of his accounts with the United States for the third and fourth quarters of 1844, and the first and second quarters of 1845, as adjusted by the accounting Officers of the department: which was read.

Mr. Cameron presented the memorial of Joseph Nock, of the city of Philadelphia, in the State of Pennsylvania, praying to be indemnified for the loss sustained in consequence of the failure by the Post Office Department to carry into effect a contract to supply that department with mail locks and keys.

Ordered , That it lie on the table.

The Senate proceeded to consider the resolution, submitted by Mr. Speight the 2d instant, in relation to the report of the commissioners under the treaty of Dancing Rabbit creek; and the resolution was agreed to.

The Senate proceeded to consider the resolution, submitted by Mr. Allen the 24 instant, to print an additional number of the President's message, and certain documents accompanying the same; and the resolution was agreed to.

Mr. Speight submitted the following resolution for consideration:

Resolved , That the President of the United States cause to be communicated to the Senate, at as early a day as practicable such information as 0036 36 he may possess, or may speedily obtain, with respect to the practicability and utility of a fort or forts on Ship island on the coast of Mississippi, with a view to the protection of said coast.

On motion by Mr. Evans,

The Senate adjourned.

THURSDAY, December 4, 1845. Link to Annals.

The Vice President laid before the Senate a report of the Secretary War, made in Compliance with a resolution of the Senate, in relation to the works necessary or expedient for enlarging or strengthening the fortifications at the outlet of Lake Huron, and the estimated expense required upon Fort Gratiot: which was read, and ordered to be printed.

Mr. Hannegan submitted the following resolution for consideration:

Resolved , That the assistant messenger of the Senate, authorized by resolution of the 25th February, 1845, receive a continuance of the pay of a messenger for his future services in that capacity, and for the time he was so employed at the executive session of the Senate in March last.

On motion by Mr. Bagby,

Ordered , That Hugh Wallace Wormly, and Jameison & Williamson, have leave to withdraw their petitions.

The Vice President laid before the Senate a report of the Commissioner of the General Land Office, showing the condition and operations of that branch of the public service during the past year: which was read.

The Senate resumed the consideration of the resolution, submitted by Mr. Speight, relative to the practicability and utility of a fort or forts on Ship island; and the resolution was agreed to.

The Senate resumed the consideration of the resolution, submitted by Mr. Breese the 2d instant, to suspend so much of the 34th rule as requires the committees of the Senate to be appointed by ballot; and,

On the question to agree thereto,

It was determined in the negative,

Yeas, 20

Nays, 21

On motion by Mr. Mangum,

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

Those who voted in the affirmative are,

Messrs. Allen, Ashley, Atchison, Atherton, Breese, Cameron, Cass, Chalmers, Colquitt, Dix, Fairfield, Jenness, Levy, Lewis, Niles, Semple, Sevier, Speight, Sturgeon, Turney.

Those who voted in the negative are,

Messrs. Archer, Bagby, Benton, Thomas, Clayton, Corwin, Crittenden, Davis, Dayton, Evans, Greene, Haywood, Jarnagin, Johnson, of Maryland, Johnson, of Louisiana, Mangum, Miller, Pearce, Phelps, Simmons, Upham, Westcott.

So the resolution was disagreed to.

On motion by Mr. Mangum,

Ordered , That the Senate proceed to the appointment of standing committees on Monday, the 8th instant.

On motion by Mr. Dayton,

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

On motion by Mr. Dayton,

The Senate adjourned.

MONDAY, December 8, 1845. Link to Annals.

The Hon. Alexander Barrow, from the State of Louisiana, and the Hon. Daniel S. Dickinson, from the State of New York, attended.

Mr. Archer presented the credentials of the Hon. John Macpherson Berrien, elected a Senator by the General Assembly of the State of Georgia, to fill the vacancy occasioned by the resignation of the said John Macpherson Berrien; which were read; and the oath prescribed by law was administered to Mr. Berrien, and he took his seat in the Senate.

Mr. Archer presented the credentials of the Hon. Isaac S. Pennybacker, chosen a Senator by the legislature of the Commonwealth of Virginia for the term of six years, commencing the 4th day of March, 1845; which were read; and the oath prescribed by law was administered to Mr. Pennybacker, and he took his seat in the Senate.

The Vice President laid before the Senate a report of the Secretary of the Treasury, made agreeably to law, showing the commerce and navigation of the United States; which was read,

Ordered , That it be printed, and that seventeen hundred and fifty copies thereof be printed in addition to the usual number, two hundred and fifty of which for the use of the Treasury Department.

The Vice President Laid before the Senate the following reports:

1. Report of the Secretary of the Treasury, made conformably to law, exhibiting the articles imported during the year ending June 30, 1845, the duty on which exceeded, thirty-five per cent. on the wholesale market value of the same.

2. Report of the Secretary of State, made agreeably to law showing the disbursements made by the Department of State, from the various funds of that department, for the year ending June 30, 1845, and the unexpended balances of appropriations for the same.

3. Report of the Secretary of War, made agreeably to law, showing the transfers made in that department from one head of appropriation to another, during the year ending June 30, 1845.

The reports were read.

Ordered , That they be printed.

Mr. Benton presented a memorial of the representatives of the people of Oregon, in behalf of themselves and the citizens of the United States residing in that territory, praying the establishment of a territorial government by the United States, and the adoption of measures for facilitating and encouraging emigration to that country.

Ordered , That it be printed.

Mr. Cameron presented a memorial of the Association of Friends in the city of Philadelphia for promoting the abolition of slaver and improving the condition of the free people of color, remonstrating against the admission of Texas into the Union as a slave State; and three petitions of citizens of Pennsylvania, remonstrating against the admission of Texas into the Union as a slave State.

A motion was made that the memorial and petitions be received, and the same being objected to,

Ordered , That the motion lie on the table.

On motion by Mr. Soviet, that the election of the officers of the Senate, and the appointment of standing committees, be postponed until to-morrow:

0038 38

A division was called for by Mr. John M. Clayton; and,

On motion by Mr. Sevier,

The Senate adjourned.

TUESDAY, December 9, 1845. Link to Annals.

The Vice President laid before the Senate the following reports:

Report of the secretary of the Treasury, made in compliance with a resolution of the Senate, exhibiting the amount of pre-emption lands in the State of Louisiana, for which patents cannot issue on account of certain irregularities in the entries.

Report of the Secretary of War, made in compliance with a resolution of the Senate, relating to the condition of the harbor at the mouth of the river Fourche, in the State of Louisiana.

Report of the Secretary of War, containing a list of rejected applications for pensions and increase of pensions.

The reports were severally read.

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

To the Senate and House of Representatives:

I communicate, herewith, a letter received from the President of the existing government of the State of Texas, transmitting duplicate copies of the constitution formed by the deputies of the people of Texas in convention assembled, accompanied by official information that the said constitution had been ratified, confirmed, and adopted by the people of Texas themselves, in accordance with the joint resolution for annexing Texas to the United States, and in order that Texas might be admitted as one of the States of that Union.

JAMES K. POLK.

Washington , December 9, 1845.

The message was read.

Ordered , That it lie on the table.

A message from the House of Representatives, by Mr. French, their Clerk:

Mr. President: The House of Representatives have passed a resolution for the appointment of a joint library committee, in which they request the concurrence of the Senate.

The Vice President presented a communication from J. E. Dow & Co., proposing to execute, on the terms therein specified, the printing of the Senate for the twenty-ninth Congress.

Ordered , That it lie on the table.

Mr. Dickinson presented the petition of Henry L. Hull, late a soldier in the army of the United States, praying to be allowed arrearages of pay due for his services in that capacity.

Ordered , That it lie on the table.

Mr. Lewis presented the petition of Charles G. Page, an officer employed in the Patent Office, praying permission to take out a patent for certain valuable inventions made by him.

Ordered , That it lie on the table.

0039 39

Mr. Benton presented the petition of Henry Miller, praying to be appointed a messenger in the service of the Senate.

Ordered , That it lie on the table.

Mr. Cass submitted the following resolutions for consideration:

Resolved , That the Committee on Naval Affairs be instructed to inquire into the condition of the navy of the United States, and into the quantity and condition of the naval supplies now on hand, and whether an increase of them is not necessary to the efficient operations of the navy, and to its preservation and augmentation; and generally, into its capacity for defending our coast and our commerce; and for any service the exigencies of the country, may probably require.

Resolved , That the Committee on Military Affairs be instructed to inquire into the condition of the national fortifications, and of their armaments, and whether other defensive works are necessary, and into the condition and quantity of the military supplies, and into the state of the means possessed by the government for the defence of the country.

Resolved , That the Committee on the Militia be instructed to inquire into the present condition of that great branch of the public service, and into the state of the militia laws; and that they be further instructed to report such changes in the existing system as will give more experience and efficiency to that arm of defence, and will place it in the best condition for protecting the country should it be exposed to foreign invasion.

The Senate proceeded to the election of a Secretary, pursuant to the 49th rule; and on counting the ballots, it appeared that Asbury Dickins was duly elected.

Mr. Dickins attended; and the oaths prescribed by law were administered to him by the President of the Senate.

The Senate proceeded to the election of a sergeant-at-marts and doorkeeper, pursuant to the 49th rule; and, on counting the ballots, it appeared that Robert Beale was duly elected.

Mr. Beale attended; and the oath prescribed by law was administered to him by the President of the Senate.

The Senate proceeded to the election of an assistant doorkeeper, pursuant to the 49th rule; and, on counting the ballots, it appeared that Isaac Holland was duly elected.

Mr. Holland attended; and the oath prescribed by law was administered to him by the President of the Senate.

The Senate proceeded, in pursuance of the 34th rule of the Senate, to the appointment of the standing committees; and the following chairmen of the several standing committees were appointed:

Mr. Allen, chairman of the Committee on Foreign Relations.

Mr. Calhoun, chairman of the Committee on Finance.

Mr. Haywood, chairman of the Committee on Commerce.

Mr. Dickinson, chairman of the Committee on Manufactures.

Mr. Sturgeon, chairman of the Committee on Agriculture.

Mr. Benton, chairman of the Committee on Military Affairs.

Mr. Atchison, chairman of the Committee on the Militia.

Mr. Fairfield, chairman of the Committee on Naval Affairs.

Mr. Breese, chairman of the Committee on Public Lands.

Mr. Levy, chairman of the Committee on Private Land Claims.

Mr. Sevier, chairman of the Committee on Indian Affairs.

Mr. Bagby, chairman of the Committee of Claims.

0040 40

Mr. Semple, chairman of the Committee on Revolutionary Claims.

Mr. Ashley, chairman of the Committee on the Judiciary.

On motion by Mr. Mangum,

The Senate adjourned.

WEDNESDAY, December 10, 1845. Link to Annals.

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

To the Senate of the United States:

I transmit, herewith, a report of the Secretary of War, in answer to a resolution of the Senate of the 4th instant, calling for information “with, respect to the practicability and utility of a fort or forts on Ship island, on the coast of Mississippi, with a view to the protection of said coast.”

JAMES K. POLK.

Washington , December 10, 1845.

The message was read.

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

A message from the House of Representatives, by Mr. French, their Clerk:

Mr. President: The House of Representatives have passed a resolution for the election of two chaplains of different denominations, one by each, house, who shall interchange weekly: in which they request the concurrence of the Senate.

Mr. Levy, agreeably to notice, asked and obtained leave to bring in a bill (S. 3) to establish courts of the United States, and provide for the due execution of the laws of the United States in the State of Florida: which was read the first and second times, by unanimous consent, and referred to the Committee on the Judiciary.

Mr. Woodbridge, agreeably to notice, asked, and obtained leave to bring in a bill (S. 4) to apply certain alternate sections of the public domain toward the completion of works of internal improvement in the State of Michigan, and for other purposes: which was read the first and second times, by unanimous consent, and referred to the Committee on Public Lands.

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

S. 5. A bill to establish the collection district of Chicago.

S. 6. A bill for the relief of the legal representatives of Pierre Menard Antoine Peltier, and Joseph Placy.

S. 7. A bill for the relief of the legal representatives of Pierre Menard Josiah T. Betts, Jacob Feaman, and Edmund Roberts, of the State of Illinois, sureties of Felix St. Vrain, late Indian agent, deceased.

S. 8. A bill for the relief of William Elliott, jr., of Fulton county State of Illinois.

The said bills were severally read, and passed to the second reading.

Mr. Hannegan, agreeably to notice, asked and obtained leave to bring in a bill (S. 9) for the continuation of the Cumberland road in the States of Ohio, Indiana, and Illinois: which was read the first and second times, 0041 41 by unanimous consent, and referred to the Committee on Roads and Canals.

Mr. Dix, agreeably to notice, asked and obtained leave to bring in a bill (S. 10) to authorize the Secretary of the Treasury to make an arrangement or compromise with Mangle M. Quackenboss and his co-obligors, or any of them, for claims on bonds given by them as sureties to the United States: which was read the first and second times, by unanimous consent, and referred to the Committee on the Judiciary.

Mr. Lewis, by unanimous consent, asked and obtained leave to bring in a gill (S. 11) for the admission of Texas into the United States: which was read the first and second times, by unanimous consent, and referred to the Committee on the Judiciary.

Mr. Lewis presented the petition of Titian R. Peale, a member of the scientific corps of the late exploring expedition, praying indemnity for the loss of his private property by the wrecking of a vessel attached to the expedition, and compensation for his time and services after his return to the United States: which was referred to the Committee on Naval Affairs.

Mr. John M. Clayton presented a resolution passed by the General Assembly of the State of Delaware, requesting the Senators and Representative of that State in Congress to endeavor to procure an appropriation for improving the harbor at the mouth of Mahon's river: which was referred to the Committee on Commerce, and ordered to be printed.

On motion by Mr. Lewis,

Ordered , That the memorial of Catlin, Peoples, & Co., on the flies of the Senate, be referred to the Committee on Indian Affairs.

On motion by Mr. Jarnagin,

Ordered , That the heirs of James Bell, deceased, have leave to withdraw their memorial.

On motion by Mr. Berrien,

Ordered , That Gad Humphries have leave to withdraw his petition.

On motion by Mr. Upham,

Ordered , That the petition of James Smalley, agent for a regiment of Vermont militia, on the files of the Senate, be referred to the Committee on Military Affairs.

Mr. John M. Clayton submitted the following resolutions for consideration:

Resolved , That the Committee on Military Affairs be instructed to inquire into the expediency of erecting a fortification far the defence of the Breakwater harbor near the entrance of the Delaware bay.

Resolved , That the Committee on Military Affairs be instructed to inquire into the expediency of erecting a fortification on Pea Patch island, in the river Delaware.

Mr. Levy submitted the following resolution for consideration:

Resolved , That the President of the United States be requested to inform the Senate what number of agents are now employed for the preservation of timber; the amount of salary paid for such service; the authority of law under which they are employed; and the fund from which they are paid; also, the amount of allowances of every description made within the last five years in the settlement of the accounts of said agents, or otherwise, connected with this branch of the service; the number of suits or prosecutions instituted within the same period for trespasses upon the 0042 42 public lands, the result of such suits or prosecutions; and the cost and expense incurred by the United States therein, including the amount of damages paid by the United States within the same period, for illegal interference, by the aforesaid agents, with private rights.

Mr. Levy submitted the following resolution for consideration:

Resolved , That the Secretary of War be required to transmit to this body a copy of the map of Florida, recently prepared in the bureau of topographical engineers.

Mr. John M. Clayton submitted the following resolution for consideration:

Resolved , That the Secretary of the Treasury be directed to communicate to the Senate such information as he can obtain in regard to the expediency of erecting a light on the stone pier in the river Delaware, near Fort Mifflin.

Mr. John M. Clayton submitted the following resolution for consideration:

Resolved , That the person or persons elected printer to the Senate shall be required to sign an agreement to do the printing of the Senate at not less than twenty per cent. under the prices fixed by the act of 1819, when the number of the documents to be printed does not exceed five thousand; and thirty-three and one-third per cent. less when the number exceeds five thousand; and when the same person or persons shall be elected printer to both houses, no allowance shall be made for double composition, or setting up, of the same document.

Mr. John M. Clayton submitted the following resolution for consideration:

Resolved , That the Committee on Commerce be instructed to inquire into the expediency of making appropriations for the improvement of the harbors of New Castle, Port Penn, Delaware city, and of the Christiana, in the State of Delaware.

Mr. Barrow submitted the following resolution for consideration:

Resolved , That the Secretary of War be directed to inform the Senate to what extent the raft in Red river, in the State of Louisiana, has been removed under the contract made with Mr. Williamson; and whether any work is now being done to remove said raft; and also, what further appropriation of money by Congress is necessary to the entire completion of said work.

Mr. Speight submitted the following resolution for consideration:

Resolved , That the Senate proceed, to-morrow, to the election of a printer for the Senate for the twenty-ninth Congress.

The Senate resumed the appointment, by ballot, of the chairmen of the standing committees of the Senate; and the following chairmen were appointed:

Mr. Niles, chairman of the Committee on the Post Office and Post Roads.

Mr. Hannegan, chairman of the Committee on Roads and Canals. Mr. Upham, chairman of the Committee on Pensions.

Mr. Haywood, chairman of the Committee on the District of Columbia.

Mr. Cameron, chairman of the Committee on Patents and the Patent Office.

Mr. Lewis, chairman of the Committee on Retrenchment.

0043 43

Mr. Westcott, chairman of the Committee on the Territories.

Mr. Cameron, chairman of the Committee on Public Buildings.

Mr. Niles, chairman of the Committee to audit and control the contingent expenses of the Senate.

Mr. Atherton, chairman of the Committee on Printing.

Mr. Chalmers, chairman of the Committee on Engrossed Bills.

The Senate proceeded to the appointment of the remaining members of the several standing committees, in pursuance of the 34th rule of the Senate; and

The President of the Senate having announced the state of the ballots for the members of the Committee on Foreign Relations:

On motion by Mr. Sevier,

Ordered , That the members of the said committee be arranged as fob lows: Mr. Cass, Mr. Archer, Mr. Sevier, Mr. Atherton.

The Senate having ballotted for the remaining members of the Committee on Finance, the President of the Senate announced the state of the ballots:

On motion by Mr. Sevier,

That the members of the said committee be arranged as follows: Mr. Lewis, Mr. Evans, Mr. Benton, and Mr. Jenness.

On motion by Mr. Berrien,

The Senate adjourned.

THURSDAY, December 11, 1845. Link to Annals.

The Hon. Daniel Webster, from the State of Massachusetts, attended.

Mr. Dix presented the memorial of Edwin Bartlett, praying the renewal of certain evidences of debt due by the United States: which was referred to the Committee on Finance.

Mr. Dix presented the memorial of certain banks in the city of New York, praying the establishment of a mint in that city: which was read, referred to the Committee on Finance, and ordered to be printed.

On motion by Mr. Miller,

Ordered , That the memorial of the representatives of Major General William Alexander, Lord Stirling, on the files of the Senate, be referred to the Committee on Revolutionary Claims.

On motion by Mr. Mangum;

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

A message from the House of Representatives, by Mr. French, their Clerk:

Mr. President: I am directed to communicate to the Senate information of the death of the Hon. John B. Dawson, and the proceedings of the House of Representatives thereon.

Mr. Johnson, of Louisiana, submitted the following resolutions; which were considered, by unanimous consent, and agreed to:

Resolved , That the Senate has received with deep sensibility the message from the House of Representatives, announcing the death of the Hon. John B. Dawson, a Representative from the State of Louisiana.

Resolved, unanimously , That the members of the Senate, from a sincere desire of showing every mark of respect to the memory of the deceased, will wear the usual badge of mourning for thirty days.

0044 44

Resolved , That, as a further mark of respect for the memory of the deceased, the Senate do now adjourn.

On motion by Mr. Johnson,

The Senate adjourned,

MONDAY, December 15, 1845. Link to Annals.

The Vice President laid before the Senate the following reports:

1. Report of the Commissioner of the Public Buildings, made in compliance with a resolution of the Senate, in relation to the improvement of certain streets, avenues, and public squares, in the city of Washington; the estimated expense of making the same; and the amount received by the United States from the sales of public lots in the city of Washington.

2. Report of the Secretary of War, communicating, in conformity with a joint resolution passed by the two houses of Congress, the results of experimental trials of Putnam's plough dredger.

3. Report of the Secretary of War, exhibiting the expenditures from the contingent funds of that department, and its offices and bureaus, during the year ending 30th June, 1845.

The reports were read.

Ordered , That they be printed.

On motion by Mr. Benton,

Ordered , That the annual report of the Commissioner of the General Land Office, communicated to the Senate the 4th instant, be printed.

Mr. Woodbridge presented a petition of citizens of the State of Michigan, praying the removal of the land office from Green Bay to Sheboygan, in that State: which was referred to the Committee on Public Lands.

Mr. Woodbridge presented two petitions of citizens of the State of Michigan, praying the passage of an act for the final adjustment of all private land claims in that State: which were referred to the Committee on Private Land Claims.

Mr. Woodbridge presented the petition of Talcot Reed, a teamster in the revolutionary army, praying a pension: which was referred to the Committee on Pensions.

Mr. Johnson, of Louisiana, presented the petition of Oliver J. Morgan, praying the right of pre-emption to a certain tract of land in the State of Louisiana: which was referred to the Committee on Private Land Claims.

Mr. Johnson, of Louisiana. presented the petition of William B. Keene, praying to be confirmed in his right of pre-emption to a tract of land: which was referred to the Committee on Private Land Claims.

Mr. Pearce presented a resolution passed by the General Assembly of the State of Maryland, requesting the Senators and Representatives of that State in Congress to use their efforts to procure an appropriation for deepening the harbor of Havre-de-Grace, in that State: which was referred to the Committee on Commerce.

Mr. Benton presented a memorial of the city council of the city of St. Louis, praying an appropriation for improving the harbor at that place: which was referred to the Committee on Commerce.

Mr. Benton presented the petition of Elijah White, praying compensation for property stolen from him and his attendants; by Indians residing 0045 45 within the limits of the United States, while he was the bearer of communications from the local authorities of the Territory, of Oregon to the seat of the general government: which was referred to the Committee on Indian Affairs.

Mr. Benton presented the petition of Elijah White, praying additional compensation for services performed, and reimbursement of expenses incurred, by him while acting as Indian agent for the territories of the United States west of the Rocky mountains: which was referred to the Committee on Indian Affairs.

Mr. John M. Clayton presented the memorial of W. P. Brobson, praying indemnity for French spoliations prior to 1800: which was referred to the Committee on Foreign Relations.

Mr. John M. Clayton presented the petition of James Robinson and wife, legal representatives of Richard Wild, deceased, late an officer in the revolutionary army, praying to be allowed arrears of pension, with legal interest thereon: which was referred to the Committee on Pensions.

Mr. John M. Clayton presented a proposal from William Greer, for executing the printing for that body during the twenty-ninth Congress.

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

Mr. Archer presented the petition of George Taylor, praying indemnity for French spoliations prior to the year 1800: which was referred to the Committee on Foreign Relations.

Mr. Archer presented the petition of James Morgan, a revolutionary soldier, praying a pension: which was referred to the Committee on Pensions.

Mr. Archer presented a petition of citizens of the State of New Jersey, remonstrating against the admission of Texas rate the Union.

Ordered , That it lie on the table.

Mr. Levy presented the petition of Benjamin D. Herriot, in behalf of himself, and as legal representative of Major Woodruff, deceased, praying indemnity for the destruction of their property by the Seminole Indians, at the commencement of the war in Florida: which was referred to the Committee of Claims.

Mr. Dix presented the petition of William Butterfield, a soldier in the last war with Great Britain, praying a pension: which was referred to the Committee on Pensions.

Mr. Dix presented the petition of Hugh W. Dobbin, an officer in the last war with Great Britain, praying a pension: which was referred to the Committee on Pensions.

Mr. Dayton presented the petition of Clara R. Cobb, widow of Thomas Cobb, deceased, a soldier in the revolutionary, praying a pension: which was referred to the Committee on Pensions.

Mr. Jarnagin presented the petition of William Nicholls, a soldier in the last war with Great Britain, praying a pension: which was referred to the Committee on Pensions.

On motion by Mr. Levy,

Ordered , That the petition of Francis Sumter, administrator de bonis non of General Thomas Stouter, deceased, on the files of the Senate, be referred to the Committee on Revolutionary Claims.

On motion by Mr. Sturgeon,

Ordered , That the legal representatives of James Bell, deceased, and Jesse Biddle, severally, have leave to withdraw their memorials and papers.

0046 46

On motion by Mr. Pearce,

Ordered , That Robert Barnard, agent and attorney of Abraham Mann, and William Barnard, have leave to withdraw his petition and papers.

Mr. Speight submitted the following resolution for consideration:

Resolved , That the Committee on the Post Office and Post Roads be instructed to inquire into the expediency of establishing a tri-weekly mail between the city of Mobile and the city of Jackson, in the State of Mississippi.

Mr. Speight submitted the following resolution for consideration:

Resolved , That the Committee on Public Lands be instructed to inquire into the expediency of granting to the States respectively in which they are situate, alternate sections of the public lands inundated by the Mississippi river and its outlets, on condition that the proceeds of the sales of said sections be applied by said States to the reclamation of said inundated lands by sufficient and permanent levees.

Mr. Ashley submitted the following resolution for consideration:

Resolved , That the Committee on the Judiciary be instructed to inquire into the expediency of establishing an additional district court of the United States for the district of Arkansas, to hold its sessions at Van Buren, in Crawford county, in said State; and also, of extending the jurisdiction of said court over the adjacent Indian lands in all cases.

Mr. Breese, agreeably to notice, asked and obtained leave to bring in a bill (S. 12) to reduce and graduate the price of the 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.

The Senate proceeded to consider the resolutions submitted by Mr. Cass the 9th instant, in relation to the militia and the military and naval defences of the country: and,

After debate,

Ordered , That the further consideration thereof be postponed until tomorrow.

A message from the House of Representatives, by Mr. French, their Clerk:

Mr. President: I am directed to communicate to the Senate information of the death of the Hon. Joseph H. Peyton, a member of the House of Representatives from the State of Tennessee, and the proceedings of the House of Representatives thereon.

Mr. Jarnagin submitted the following resolutions; which were considered, by unanimous consent, and agreed to:

Resolved , That the Senate has received with deep sensibility the message from the House of Representatives announcing the death of the Hon. Joseph H. Peyton, a Representative from the State of Tennessee.

Resolved, unanimously , That the members of the Senate, from a sincere desire of showing every mark of respect to the memory of the deceased, will wear the usual badge of mourning for thirty days.

Resolved , That, as a further mark of respect for the memory of the deceased, the Senate do now adjourn.

Whereupon,

The Senate adjourned.

TUESDAY, December 16, 1845. Link to Annals.

The Vice President laid before the Senate a report of the Secretary of the Treasury, accompanied by a report of the superintendent of the coast survey, showing the progress made during the past year in the survey of the coast of the United States; which was read.

On motion by Mr. Huntington,

Ordered , That it be printed; and that five hundred copies, in addition to the usual number, be printed, two hundred and fifty copies thereof for the use of the office of the superintendent of the coast survey.

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

To the Senate of the United States:

I herewith transmit a report from the Secretary of State, containing the information called for by the resolution of the Senate of the 8th of January last, in relation to the claim of the owners of the brig General Armstrong against the government of Portugal.

JAMES K. POLK.

Washington , December 16, 1845.

The message was read.

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

The Vice President laid before the Senate a letter from F. Jefferson and others, accompanied by a memorial, proposing to execute the printing of the Senate at a reduced rate.

Ordered , That the letter and memorial lie on the table.

Mr. Johnson, of Louisiana, presented the petition of Caleb Green, late clerk of the United States district court for the western district of Louisiana, praying to be allowed his expenses for office rent: which was referred to the Committee of Claims.

Mr. Cameron presented the memorial of the Philadelphia board of trade, praying a survey of the Ohio river with a view to its improvement: which was referred to the Committee on Roads and Canals.

Mr. Cameron presented a memorial of citizens of western Pennsylvania and Ohio, praying the construction of a steamboat canal around the falls of St. Mary: which was referred to the Committee on Roads and Canals.

Mr. Cameron presented the petition of William W. Hubbell, praying that experiments may be made to test the utility of an explosive concussion shell, of which he is the inventor: which was referred to the Committee on Military Affairs.

Mr. Sturgeon presented the memorial of Mary Reeside, executrix of the last will and testament of James Reeside, deceased, praying the payment of the amount found to be due to her late husband by the verdict of a jury, in a suit instituted against him by the United States: which was referred to the Committee on the Judiciary.

Mr. Barrow presented the memorial of Villeneuve Le Blanc, praying the confirmation of his title to a tract of land in the State of Louisiana; which was referred to the Committee on Private Land Claims.

Mr. Jarnagin presented the memorial of the General Assembly of the State of Tennessee, praying a relinquishment to that State of the lands 0048 48 south and west of the congressional reservation line; and a grant of land to the West Tennessee College, at Jackson, in said State: which was referred to the Committee on Public Lands, and ordered to be printed.

Mr. Upham presented a petition of citizens of the State of Vermont, remonstrating against the admission of Texas into the Union as a slave State.

A motion was made that the petition be received, and being objected to,

Ordered , That the motion lie on the table.

Mr. Dix presented a petition of citizens of Wilna, Jefferson county, New York, remonstrating against the admission of Texas into the Union with a constitution tolerating slavery.

A motion was made that the petition be received, and being objected to,

Ordered , That the motion lie on the table.

Mr. Huntington presented a petition of citizens of Connecticut, remonstrating against the admission of Texas into the Union with a constitution tolerating slavery.

A motion was made that the petition be received, and being objected to,

Ordered , That the motion lie on the table.

Mr. Benton presented a petition of captains of steamboats navigating the western rivers, praying the construction of a canal around the falls of the Ohio river: which was referred to the Committee on Roads and Canals.

On motion by Mr. Bagby,

Ordered , That the documents on the files of the Senate relating to the claim of Thomas Rhodes, be referred to the Committee on the Post Office and Post Roads.

On motion by Mr. Ashley,

Ordered , That the petition of James Erwin, for himself and the heirs of Daniel Greathouse, on the files of the Senate, be referred to the Committee on Indian Affairs.

On motion by Mr. Levy,

Ordered , That the memorial of William Fuller and Orlando Saltmarsh, on the files of the Senate, be referred to the Committee on the Post Office and Post Roads.

On motion by Mr. Levy,

Ordered , That the petition of J. M. Gilliss, on the files of the Senate, be referred to the Committee on Naval Affairs.

On motion by Mr. Bagby,

Ordered , That Joseph Ratcliff have leave to withdraw his petition and papers.

On motion by Mr. Speight,

Ordered , That John Hutchins have leave to withdraw his petition and papers.

On motion by Mr. Crittenden,

Ordered , That the heirs of Christopher Miller have leave to withdraw their petition and papers.

On motion by Mr. Jenness,

Ordered , That Pearson Cogswell have leave to withdraw his petition and papers.

Mr. Miller submitted the following resolution for consideration:

Resolved , That the Committee on Commerce be instructed to inquire 0049 49 into the expediency of establishing a port of entry at Jersey city, in the State of New Jersey.

Mr. Breese submitted the following resolution for consideration:

Resolved , That the remaining copies of brevet Captain Frémont's reports of his expeditions to the Rocky mountains and Territory of Oregon, and heretofore ordered, with the maps and engravings, to be printed for the use of the Senate, be bound in good muslin binding, under the direction of the Secretary of the Senate; proposals therefor to be advertised by him in two newspapers of general circulation, and the price thereof not to exceed fifty cents per copy.

Mr. Johnson, of Louisiana, submitted the following resolution for consideration:

Resolved , That the Committee on the Judiciary be instructed to inquire into the expediency of increasing the compensation of the United States district attorney for the district of Louisiana, in consequence of the duties imposed upon him by an act entitled “An act to provide for the adjustment of land claims within the States of Missouri, Arkansas, and Louisiana, and in those parts of the States of Mississippi and Alabama south of the thirty-first degree of north latitude, and between the Mississippi and Perdido rivers,” approved June 17, 1844, and by the repeal of an act entitled “An act to repeal ‘An act for the better organization of the district court of the United States within the State of Louisiana, and for other purposes,’” approved February 13, 1845.

Mr. Dix presented a memorial of the pilots of the port of New York, praying the repeal or modification of the act of March 2, 1837, concerning pilots: which was referred to the Committee on Commerce, and ordered to be printed.

On motion by Mr. Jarnagin,

Ordered , That Alexander King, executor of Henry King, have leave to withdraw his petition and papers;

Agreeably to notice, Mr. Speight asked and obtained leave to bring in a bill (S. 13) appropriating alternate sections of the public hinds for the improvement of Pearl river: which was read the first and second times, by unanimous consent, and referred to the Committee on Public Lands.

Agreeably to notice, Mr. Jarnagin asked and obtained leave to bring in a bill (S. 14) for the relief of John S. Russwurm, heir and legal representative of William Russwurm, deceased: which was read the first and second times, by unanimous consent, and referred to the Committee on the Judiciary.

Agreeably to notice, Mr. Woodbridge asked and obtained leave to bring in a bill (S. 15) to amend an act confirming certain land claims in the State of Michigan: which was read the first and second times, by unanimous consent, and referred to the Committee on Private Land Claims.

The Senate proceeded in consider the resolution submitted by Mr. Levy the 10th instant, in relation to a map of Florida; and the resolution was agreed to.

The Senate resumed the consideration of the resolutions submitted by Mr. Cass the 9th instant, in relation to the militia and the military and naval defences of the country; and,

After debate,

On the question to agree thereto,

It was determined in the affirmative: Yeas, 48 4

0050 50

On motion by Mr. Hannegan,

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

Those who voted in the affirmative are,

Messrs. Allen, Archer, Ashley, Atchison, Atherton, Bagby, Barrow, Benton, Berrien, Breese, Cameron, Cass, Chalmers, Thomas Clayton, John M. Clayton, Colquitt, Corwin, Crittenden, Davis, Dayton, Dickinson, Dix, Fairfield, Greene, Hannegan, Haywood, Huntington, Jarnagin, Jenness, Johnson, of Louisiana, Levy, Lewis, Mangum, Miller, Niles, Pearce, Pennybacker, Phelps, Semple, Sevier, Simmons, Speight, Sturgeon, Turney, Upham, Webster, Westcott, Woodbridge.

So the resolutions were agreed to.

A message from the House of Representatives, by Mr. French, their Clerk:

Mr. President: The House of Representatives have passed a joint resolution for the admission of the State of Texas into the Union: in which they request the concurrence of the Senate.

The resolution (H. R. 2) for the admission of Texas into the Union was read the first and second times, by unanimous consent.

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

On motion,

The Senate adjourned.

WEDNESDAY, December 17, 1845. Link to Annals.

Mr. Webster presented a petition of citizens of Sandwich, New Hampshire, and two petitions of citizens of the State of Pennsylvania, remonstrating against the admission of Texas into the Union while her constitution tolerates slavery.

A motion was made that the petitions be received, and being objected to,

Ordered , That the motion lie on the table.

Mr. Mangum presented the petition of Simon Summers, an officer in the revolutionary army, praying to be allowed commutation pay: which was referred to the Committee on Revolutionary Claims.

Mr. Mangum presented the petition of Lydia Lush, widow of Stephen Lush, deceased, a revolutionary officer, praying a pension: which was referred to the Committee on Pensions.

On motion by Mr. Dix,

Ordered , That the legal representatives of Joshua Kennedy have leave to withdraw their petition and papers.

Mr. Allen having stated that a writ of subpœna had been served upon him to attend as a witness in a cause pending before a court of the United States for the District of Columbia:

On motion by Mr. Webster,

Ordered , That leave be given to Mr. Allen to attend accordingly.

The Senate proceeded to consider the motion submitted by Mr. Sevier the 10th instant, for the arrangement of the members of the Committee on Finance; and, the motion having been agreed to:

Ordered , That Mr. Lewis, Mr. Evans, Mr. Benton, and Mr. Jenness, be members of the Committee on Finance.

The Senate proceeded to ballot for the remaining members of the Committee on Commerce; and the result having been announced by the Vice President,

0051 51

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

Ordered , That the members of the committee be arranged as follows:

Mr. Dix, Mr. Johnson, of Maryland, Mr. Sevier, and Mr. Davis.

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

Ordered , That the balloting for the remaining members of the Committee on Manufactures and the Committee on Agriculture be dispensed with; and,

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

Ordered , That Mr. Sturgeon, Mr. Simmons, Mr. Colquitt, and Mr. Miller, be members of the Committee on Manufactures.

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

Ordered , That Mr. Semple, Mr. Phelps, Mr. Turney, and Mr. Corwin, be members of the Committee on Agriculture.

The Senate proceeded to ballot for the remaining members of the Committee on Military Affairs; and the result having been announced by the Vice President,

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

Ordered , That the members of the committee be arranged as follows:

Mr. Hannegan, Mr. Crittenden, Mr. Dix, and Mr. Speight.

The Senate proceeded to ballot for the remaining members of the Committee on the Militia; and

Ordered , That Mr. Semple, Mr. Barrow, Mr. Fairfield, and Mr. Westcott, be members of the Committee on the Militia.

The Senate proceeded to ballot for the remaining members of the Committee on Naval Affairs; and the result having been announced by the Vice President,

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

Ordered , That the members of the committee be arranged as follows:

Mr. Levy, Mr. Mangum, Mr. Cameron, and Mr. Dickinson.

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

Ordered , That Mr. Speight, Mr. Woodbridge, Mr. Ashley, and Mr. Morehead, be members of the Committee on Public Lands.

That Mr. Semple, Mr. Jarnagin, Mr. Pennybacker, and Mr. Woodbridge, be members of the Committee on Private Land Claims.

That Mr. Bagby, Mr. Phelps, Mr. Atchison, and Mr. Jarnagin, be members of the Committee on Indian Affairs.

That Mr. Pennybacker, Mr. John M. Clayton, Mr. Turney, and Mr. Johnson, of Maryland, be members of the Committee of Claims.

That Mr. Hannegan, Mr. Thomas Clayton, Mr. Colquitt, and Mr. Greene, be members of the Committee on Revolutionary Claims.

That Mr. Breese, Mr. Berrien, Mr. Westcott, and Mr. Webster, be members of the Committee on the Judiciary.

That Mr. Sturgeon, Mr. Simmons, Mr. Semple, and Mr. Dayton, be members of the Committee on the Post Office and Post Roads.

That Mr. Lewis, Mr. Corwin, Mr. Sturgeon, and Mr. Davis, be members of the Committee on Roads and Canals.

That Mr. Ashley, Mr. Pearce, Mr. Atchison, and Mr. Barrow, be members of the Committee on Pensions.

That Mr. Breese, Mr. Miller, Mr. Jenness, and Mr. Johnson, of Maryland, be members of the Committee on the District of Columbia.

That Mr. Hannegan, Mr. Phelps, Mr. Sturgeon, and Mr. Lewis, be members of the Committee on Patents and the Patent Office.

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That Mr. Atherton, Mr. Morehead, Mr. Dickinson, and Mr. Turney, be members of the Committee on Retrenchment.

That Mr. Cameron, Mr. Evans, Mr. Chalmers, and Mr. Corwin, be members of the Committee on Territories.

That Mr. Dayton and Mr. Cass be members of the Committee on Public Buildings.

That Mr. Breese and Mr. Greene be members of the Committee to audit and control the contingent expenses of the Senate.

That Mr. Chalmers and Mr. Upham be members of the Committee on Printing.

That Mr. Chalmers, Mr. Jarnagin, and Mr. Levy be members of the Committee on Engrossed Bills.

That Mr. Bright and Mr. Jarnagin be the Committee on Enrolled Bills; and

That Mr. Pearce, Mr. Lewis, and Mr. Chalmers, be the Committee on the Library, on the part of the Senate.

On motion by Mr. Cass,

Ordered , That he be excused from serving on the Committee on Public Buildings, and that Mr. Bright be appointed in his stead.

On motion by Mr. Speight,

Ordered , That the previous orders be postponed; and that the Senate proceed to the consideration of the resolution submitted by him the 10th instant, in relation to the election of printer for the Senate for the twenty-ninth Congress; and

It was determined in the affirmative,

Yeas, 28

Nays, 21

On motion by Mr. John M. Clayton,

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

Those who voted in the affirmative are,

Messrs. Allen, Ashley, Atchison, Atherton, Bagby, Benton, Breese, Cameron, Cass, Chalmers, Colquitt, Dickinson, Dix, Fairfield, Hannegan, Haywood, Jenness, Levy, Lewis, McDuffie, Niles, Pennybacker, Semple, Sevier, Speight, Sturgeon, Turney, Westcott.

Those who voted in the negative are,

Messrs. Archer, Barrow, Berrien, Thomas Clayton, John M. Clayton, Corwin, Crittenden, Davis, Dayton, Greene, Huntington, Jarnagin, Johnson, of Louisiana, Mangum, Miller, Pearce, Phelps, Simmons, Upham, Webster, Woodbridge.

The resolution having been amended, on the motion of Mr. Speight, by striking out “to-morrow:”

A motion was made by Mr. Westcott further to amend the resolution, by adding thereto, “and that if, hereafter, during the term for which the printer is elected, provision should be made by law for disconnecting the public printing from the newspaper press, and for the establishment of a public printing office to do the printing of Congress, the printer so elected shall be subject to such regulation as may be made by law as to his continuance in office;” and

It was determined in the affirmative,

Yeas, 28

Nays, 21

On motion by Mr. John M. Clayton,

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

0053 53

Those who voted in the affirmative are,

Messrs. Archer, Bagby, Barrow, Benton, Berrien, Cameron, Thomas Clayton, John M. Clayton, Corwin, Crittenden, Davis, Dayton, Greene, Huntington, Jarnagin, Johnson, of Louisiana, Levy, Lewis, McDuffie, Mangum, Miller, Pearce, Phelps, Simmons, Upham, Webster, Westcott, Woodbridge.

Those who voted in the negative are,

Messrs. Allen, Ashley, Atchison, Atherton, Breese, Cass, Chalmers, Colquitt, Dickinson, Dix, Fairfield, Hannegan, Haywood, Jenness, Niles, Pennybacker, Semple, Sevier, Speight, Sturgeon, Turney.

On motion by Mr. John M. Clayton,

To amend the resolution, by adding thereto the following: “ And provided further , That the person or persons elected printer to the Senate shall be required to sign an agreement to do the printing of the Senate at not less than twenty per cent, under the prices fixed by the act of 1819, when the number of the documents to be printed does not exceed five thousand; and thirty-three and one-third per cent. less when the number exceeds five thousand; and when the same person or persons shall be elected printer to both houses, no allowance shall be made for double composition, or setting up of the same document:”

It was determined in the negative,

Yeas, 23

Nays, 26

On motion by Mr. John M. Clayton,

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

Those who voted in the affirmative are,

Messrs. Archer, Barrow, Benton, Berrien, Thomas Clayton, John M. Clayton, Corwin, Crittenden, Davis, Dayton, Greene, Huntington, Jarnagin, Johnson, of Louisiana, Mangum, Miller, Niles, Pearce, Phelps Simmons, Upham, Webster, Woodbridge.

Those who voted in the negative are,

Messrs. Allen, Ashley, Atchison, Atherton, Bagby, Breese, Cameron Cass, Chalmers, Colquitt, Dickinson, Dix, Fairfield, Hannegan, Haywood, Jenness, Levy, Lewis, McDuffie, Pennybacker, Semple, Sevier Speight, Sturgeon, Turney, Westcott.

So the proposed amendment was not agreed to.

The resolution being further amended, on the motion of Mr. Atherton, was agreed to, as follows:

Resolved , That the Senate proceed to the election of a printer for the Senate for the twenty-ninth Congress; and that if, hereafter, during the term for which the printer is elected, provision should be made by law for disconnecting the public printing from the newspaper press, and for the establishment of a public printing office, to do the printing of Congress, the printer so elected shall be subject to such regulation as may be made by law as to his continuance in office; the printing to be paid for at the rates now established by law, or such rates as may, during the present session, be established by law, or by resolution of the Senate.

The Senate, thereupon, proceeded to the election of printer to the Senate; and, on counting the ballots, it appeared that Ritchie & Heiss were duly elected.

The Senate proceeded to consider the resolution from the House of Representatives for the election of two chaplains of different denominations, 0054 54 one by each house, to officiate during the present session, who shall interchange weekly; and,

On motion by Mr. Dayton, that the Senate adjourn:

It was determined in the negative,

Yeas, 20

Nays, 28

On motion by Mr. Sevier,

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

Those who voted in the affirmative are,

Messrs. Archer, Atchison, Barrow, Thomas Clayton, John M. Clayton, Corwin, Crittenden, Davis, Dayton, Greene, Huntington, Levy, Mangum, Miller, Pearce, Phelps, Simmons, Upham, Webster, Woodbridge.

Those who voted in the negative are,

Messrs. Allen, Ashley, Atherton, Bagby, Benton, Berrien, Breese, Cameron, Cass, Chalmers, Colquitt, Dickinson, Dix, Fairfield, Hannegan, Haywood, Jarnagin, Jenness, Johnson, of Louisiana, Lewis, Niles, Pennybacker, Semple, Sevier, Speight, Sturgeon, Turney, Westcott.

The question recurring on agreeing to the resolution from the House of Representatives for the election of chaplains:

Resolved , That the Senate concur therein.

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

On motion by Mr. Breese,

The Senate adjourned.

THURSDAY, December 18, 1845. Link to Annals.

Mr. Evans presented a petition of citizens of the State of Maine, remonstrating against the admission of Texas into the Union while the constitution of that State tolerates slavery.

Mr. Corwin presented two petitions of citizens of the State of Ohio, remonstrating against the admission of Texas into the Union with a constitution tolerating slavery.

Mr. Upham presented a petition of citizens of the State of Vermont, remonstrating against the admission of Texas into the Union with a constitution tolerating slavery.

Mr. Dix presented four petitions of citizens of the State of New York, remonstrating against the admission of Texas into the Union with a constitution tolerating slavery.

Mr. Dickinson presented two petitions of citizens of the State of New York, remonstrating against the admission of Texas into the Union with a constitution tolerating slavery.

A motion was made that the petitions be received, and being objected to,

Ordered , That the motion lie on the table.

Mr. Benton presented the memorial of Amos Kendall, praying indemnity for pecuniary losses and remuneration for personal sacrifices incurred by him in defending a suit brought against him by certain mail contractors on account of his official acts as Postmaster General: which was referred to the Committee of Claims.

Mr. Benton presented the memorial of Pierre Chouteau, jr., Edward Kennett, and others, legal representatives of Julien Dubuque, deceased, praying the confirmation of their title to certain lands in the county of 0055 55 Dubuque and Territory of Iowa: which was referred to the Committee on Private Land Claims.

Mr. Ashley presented a petition of citizens of the State of Arkansas, praying an appropriation for removing the raft of Red river: which was referred to the Committee on Commerce.

Mr. Sturgeon presented the memorial of John Binns, praying the aid of Congress in the publication of an edition of the Declaration of Independence: which was referred to the Committee on the Library.

Mr. Sturgeon presented the memorial of Henry Simpson, surviving administrator of George Simpson, deceased, praying to be allowed a commission on a loan negotiated for the government by the testator, in the year 1813: which was referred to the Committee on Finance.

Mr. Sturgeon presented the petition of Charles F. Sibbald, praying indemnity for the injury he has sustained in consequence of being deprived of the possession of his property in Florida, through the illegal interference of the agents of the government: which was referred to the Committee of Claims.

Mr. Sturgeon presented a petition of citizens of Easton, Pennsylvania, praying the recognition by the United States of the independence of the Commonwealth of Liberia: which was referred to the Committee on Foreign Relations.

Mr. Breese presented a petition of citizens of the Territories of Wisconsin and Iowa, and State of Illinois, praying that the mineral lands of the United States may be subject to sale as other public lands: which was referred to the Committee on Public Lands.

Mr. Turney presented the petition of Robert Armstrong, praying a pension for a wound received in an engagement with the Creek Indians in the year 1814: which was referred to the Committee on Pensions.

Mr. Cameron presented a petition of citizens of Lancaster county, Pennsylvania, remonstrating against the admission of Texas into the Union with a constitution tolerating slavery.

A motion was made that the petition be received, and being objected to,

Ordered , That the motion lie on the table.

Mr. Johnson, of Louisiana, presented the petition of Louisiana E. L. A. Ripley, only surviving child and legal representative of Eleazer W. Ripley, deceased, praying the payment of a sum of money awarded to her late father by the verdict of a jury in a suit instituted against him by the United States: which was referred to the Committee on the Judiciary.

Mr. Fairfield presented the memorial of Thomas McLellan and others, of Portland, Maine, praying compensation for spoliations under the authority of the French republic prior to the year 1800.

On motion by Mr. Fairfield, that the memorial be referred to a select committee:

A motion was made by Mr. Mangum, that it be referred to the Committee on Foreign Relations.

And the question being put on referring the memorial to the Committee on Foreign Relations:

It was determined in the negative,

Yeas, 21

Nays, 22

On motion by Mr. Speight,

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

0056 56

Those who voted in the affirmative are,

Messrs. Allen, Ashley, Atchison, Atherton, Bagby, Benton, Breese, Cameron, Chalmers, Colquitt, Dickinson, Dix, Hannegan, Haywood, Jenness, Levy, Lewis, Mangum, Pennybacker, Speight, Turney.

Those who voted in the negative are,

Messrs. Barrow, Berrien, Thomas Clayton, John M. Clayton, Corwin, Crittenden, Davis, Evans, Fairfield, Jarnagin, Johnson, of Maryland, Johnson, of Louisiana, Miller, Niles, Pearce, Phelps, Simmons, Sturgeon, Upham, Webster, Westcott, Woodbridge.

The motion by Mr. Fairfield to refer the said memorial to a select committee was then agreed to.

On motion by Mr. Fairfield,

Ordered , That the committee consist of five members, to be appointed by the President of the Senate: and

Mr. Fairfield, Mr. John M. Clayton, Mr. Dix, Mr. Mangum, and Mr. Sturgeon, were appointed the committee.

Mr. Dix presented a memorial of a convention of claimants to indemnity for French spoliations, assembled at New York, praying the settlement of their claims: which was referred to the select committee to whom the memorial of Thomas McLellan has been referred.

Mr. Webster presented five petitions of citizens of Pennsylvania, remonstrating against the admission of Texas into the Union with a constitution tolerating slavery.

A motion was made that the petitions be received, and being objected to,

Ordered , That the motion lie on the table.

Mr. Barrow presented the petition of John A. Ragan, praying compensation for his services as counsel for the United States in a question of alleged frauds by the commissioner who negotiated the treaty with the Caddo Indians of July 1, 1835: which was referred to the Committee on the Judiciary.

Mr. Johnson, of Maryland, presented a resolution passed by the General Assembly of the State of Maryland, requesting the Senators and Representatives of that State in Congress to use their efforts to procure an appropriation for improving the harbor of Havre de Grace: which was referred to the Committee on Commerce.

Mr. Johnson, of Maryland, presented the memorial of Alexander Vattemare, praying that the provisions of the joint resolution of July 20, 1840, relating to the exchange of books and public documents with foreign countries, may be carried into effect: which was referred to the Committee on the Library.

Mr. Davis presented the petition of Franklin Whitney, praying compensation for losses sustained in consequence of the rejection of his application for a patent for an invention: which was referred to the Committee on the Judiciary.

Mr. Jenness presented resolutions passed by the legislature of the State of New Hampshire, in favor of the claim of the United States to the Oregon Territory as far as the 54th degree of north latitude, and expressing their disapprobation of the interference of the British government on the subject of Texas.

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

On motion by Mr. Johnson, of Louisiana,

Ordered , That the petition of Nathaniel Hoggatt, on the files of the Senate, be referred to the Committee on Private Land Claims.

0057 57

On motion by Mr. Johnson, of Louisiana,

Ordered , That the petition of the inhabitants of the parishes of Ascension and Iberville, in Louisiana, on the files of the Senate, be referred to the Committee on the Judiciary.

On motion by Mr. Mangum,

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

On motion by Mr. Breese,

Ordered , That the petition of Pierre Menard and others, sureties of Felix St. Vrain, on the files of the Senate, be referred to the Committee of Claims.

On motion by Mr. Breese,

Ordered , That the documents on the files of the Senate, relating to the claim of William Elliott, jr., be referred to the Committee on Public Lands.

On motion by Mr. Phelps,

Ordered , That the petition of John P. Skinner and the legal representatives of Isaac Green, on the files of the Senate, be referred to the Committee on the Judiciary.

On motion by Mr. Bagby,

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. Crittenden,

Ordered , That John F. Wilmott, executor of Robert Wilmott, deceased, have leave to withdraw his memorial.

On motion by Mr. Simmons,

Ordered , That Robert Purkis have leave to withdraw his petition and papers.

On motion by Mr. Crittenden,

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

On motion by Mr. Dix,

Ordered , That the petitions and memorials heretofore presented, praying the payment of claims for French spoliations prior to 1800, be referred to the select committee appointed on the subject.

On motion by Mr. Davis,

Ordered , That Gideon Batchelder and others have leave to withdraw their petition and papers.

Mr. Atchison submitted the following resolutions for consideration:

1. Resolved , That the Committee on Territories be instructed to inquire into the expediency of organizing a government for the Territory of Oregon.

2. Resolved , That the Committee on Military Affairs be instructed to inquire into the expediency of establishing block-house and stockade forts and military posts from the frontiers of Missouri to Frémont's pass, in the Rocky mountains; and from thence through the Oregon Territory to the mouth of the Columbia river; and, also, to inquire into the expediency of raising and organizing a corps of mounted riflemen for the purpose of escorting emigrants to, and protecting American citizens in, the Oregon Territory.

3. Resolved , That the Committee on Public Lands be instructed to inquire into the expediency of granting lands to actual settlers in the Territory of Oregon.

0058 58

4. Resolved , That the Committee on the Militia be instructed to inquire into the expediency of organizing, arming, and equipping the militia of Oregon Territory.

5. Resolved , That the Committee on Indian Affairs be instructed to inquire into the expediency of establishing Indian agencies and sub-agencies in the Oregon Territory; and the extension of the laws of the United States regulating intercourse with the Indians over said Territory as far as they may be applicable.

6. Resolved , That the Committee on the Post Office and Post Roads be instructed to inquire into the expediency of establishing a mail route from the frontiers of Missouri to the city of Oregon, in the Oregon Territory.

Mr. Johnson, of Louisiana, 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 making an appropriation for the erection of a custom-house in the city of New Orleans; and into the expediency of making an appropriation to improve the harbor at Port Pontchartrain, in the State of Louisiana.

On motion by Mr. Johnson, of Louisiana,

Ordered , That the report of the Secretary of the Treasury, communicating estimates of the cost of those works, made to the Senate February 4, 1845, be referred to the Committee on Commerce.

Mr. Phelps submitted the following resolution for consideration:

Resolved , That the Committee on Military Affairs be instructed to inquire into the expediency of repealing so much of the fourth section of the act, approved August 23, 1842, as abolishes the office of one Inspector General, and of restoring the said office and the officer, the same as though the said act had never been passed.

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

Resolved , That the Secretary of the Senate cause to be printed upon the type now standing, a sufficient additional number of Frémont's report, to supply the members of the Senate who have taken their seats since the 4th of March last, the same number of copies that have been, or may be, distributed to the Senators who were elected prior to that time.

Mr. Upham having been excused, on his motion, from serving on the Committee on Pensions:

On motion by Mr. Ashley,

Ordered , That a member be appointed by the President of the Senate to fill the vacancy; and

Mr. Johnson, of Louisiana, was appointed.

Agreeably to notice Mr. Allen asked and obtained leave to bring in a joint resolution (S. R. 1) advising the President of the United States to give notice to the government of Great Britain that the government of the United States will, in virtue of the second article of the convention of the 6th of August, A. D. 1827, between the two governments, relative to the Oregon Territory, annual and abrogate that convention: which was read, and passed to the second reading.

Agreeably to notice, Mr. Evans asked and obtained leave to bring in a joint resolution (S. R. 2) in favor of David Shaw and Solomon T. Corser: which was read the first and second times, by unanimous consent, and referred to the Committee on the Post Office and Post Roads.

0059 59

Agreeably to notice, Mr. Bagby asked and obtained leave to bring in a bill (S. 16) to authorize the settlement of the account of Joseph Nourse: which was read the first and second times, by unanimous consent, and referred to the Committee on the Judiciary.

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

Resolved , That the Secretary of the Senate be directed to pay to the widow of Edward Dyer, deceased, late sergeant-at-arms of the Senate, the same amount that was paid to the widow of Stephen Haight, former sergeant-at-arms, under the resolution of the Senate of the 13th of January, 1841, on account of funeral expenses in the city of Washington and of salary, until his successor was appointed.

The Senate proceeded to consider the resolution submitted by Mr. Hannegan the 4th instant, relating to the pay of an assistant messenger of the Senate; which was amended on the motion of Mr. Hannegan, and agreed to, as follows:

Resolved , That the assistant messenger of the Senate, authorized by resolution of the 25th February, 1845, receive pay for the time he was so employed at the Executive session of the Senate in March last.

The Senate proceeded to consider the resolution submitted by Mr. John M. Clayton the 10th instant, respecting the erection of fortifications for the defence of the Breakwater harbor and on Pea Patch island; and the resolutions were agreed to.

The Senate proceeded to consider the resolution submitted by Mr. Levy the 10th instant, relating to the expenditures for the preservation of live-oak timber; which was amended on the motion of Mr. Johnson, of Louisiana, and agreed to, as follows:

Resolved , That the President of the United States be requested to inform the Senate what number of agents are now employed for the preservation of timber, the amount of salary paid for such service, the authority of law under which they are employed, and the fund from which they are paid; also, the amount of allowances of every description made within the last twenty years in the settlement of the accounts of said agents, or otherwise, connected with this branch of the service; the number of suits or prosecutions instituted within the same period for trespasses upon the public lands, the result of such suits or prosecutions, and the costs and expense incurred by the United States therein, including the amount of damages paid by the United States within the same period for illegal interference by the aforesaid agents with private rights; also, that he inform the Senate of the amount of all expenditures on account of live-oak plantations, and the present condition of said plantations.

The Senate proceeded to consider the resolution submitted by Mr. John M. Clayton the 10th instant, relating to the erection of a light in the river Delaware; and the resolution was agreed to.

The Senate proceeded to consider the resolution submitted by Mr. John M. Clayton the 10th instant, for the reduction of the prices allowed for the printing to be executed for the Senate; and,

On motion by Mr. John M. Clayton,

Ordered , That the resolution be referred to the Committee to audit and control the contingent expenses of the Senate.

The Senate proceeded to consider the resolution submitted by Mr. John 0060 60 M. Clayton the 10th instant, respecting the improvement of certain harbors in the State of Delaware; and the resolution was agreed to.

The Senate proceeded to consider the resolution submitted by Mr. Barrow the 10th instant, respecting the removal of the raft in Red river; and the resolution was agreed to.

The Senate proceeded to consider the resolution submitted by Mr. Speight the 15th instant, respecting the establishment of a mail between Mobile, Alabama, and Jackson, Mississippi; and the resolution was agreed to.

The Senate proceeded to consider the resolution submitted by Mr. Speight the 15th instant, to grant certain inundated lands to the States in which they lie; and the resolution was agreed to.

The Senate proceeded to consider the resolution submitted by Mr. Ashley the 15th instant, respecting an additional court for the district of Arkansas; and the resolution was agreed to.

The Senate proceeded to consider the resolution submitted by Mr. Miller the 16th instant, for the establishment of a port of entry at Jersey city; and the resolution was agreed to.

The Senate proceeded to consider the resolution submitted by Mr. Johnson, of Louisiana, the 16th instant, in relation to the compensation of the district attorney of the United States for the district of Louisiana; and the resolution was agreed to.

The bill (S. 1) for the purchase of the stock of the Louisville and Portland Canal Company, was read the second time.

Ordered , That it be referred to the Committee on Roads and Canals.

The bill (S. 2) to provide for the improvement of the navigation of the rivers Ohio, Mississippi, Missouri, and Arkansas, was read the second time.

Ordered , That it be referred to the Committee on Roads and Canals.

The bill (S. 5) to establish the collection district of Chicago, was read the second time.

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

The bill (S. 6) for the relief of the legal representatives of Pierre Menard, Antoine Peltier, and of Joseph Placy, was read the second time.

Ordered , That it be referred to the Committee on Revolutionary Claims.

The bill (S. 7) for the relief of the legal representatives of Pierre Menard, Josiah T. Betts, Jacob Feaman, and Edmund Roberts, of the State of Illinois, sureties of Felix St. Vrain, late Indian agent, deceased, was read the second time.

Ordered , That it be referred to the Committee of Claims.

The bill (S. 8) for the relief of William Elliott, jr., of Fulton county, State of Illinois, was read the second time.

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

On motion by Mr. Allen,

Ordered , That so much of the message of the President of the United States as relates to foreign affairs, be referred to the Committee on Foreign Relations.

On motion by Mr. Mangum,

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

After the consideration of Executive business,

The Senate adjourned.

MONDAY, December 22, 1845. Link to Annals.

Mr. Lewis presented the credentials of the Hon. John C. Calhoun, elected a Senator by the senate and house of representatives of the State of South Carolina to fill the vacancy occasioned by the resignation of the Hon. Daniel S. Huger.

Mr. Calhoun attended; and the oath prescribed by law was administered to him, and he took his seat in the Senate.

Mr. Webster presented three petitions of citizens of Massachusetts, and two petitions of citizens of Pennsylvania, remonstrating against the admission of Texas into the Union with a constitution tolerating slavery.

A motion was made that the petitions be received, and being objected to,

Ordered , That the motion lie on the table.

Mr. Dickinson presented the memorial of Stephen May, praying the reimbursement of the costs and expenses of a suit instituted against him by the United States, as surety of a delinquent postmaster: which was referred to the Committee of Claims.

Mr. Dickinson presented a petition of citizens of Pennsylvania, remonstrating against the admission of Texas into the Union with a constitution tolerating slavery.

A motion was made that the petition be received, and being objected to,

Ordered , That the motion lie on the table.

Mr. Miller presented a resolution passed by the General Assembly of the State of New Jersey, recommending an appropriation for removing obstructions to the navigation of the Passaic river, in that State: which was referred to the Committee on Commerce, and ordered to be printed.

Mr. Miller presented a petition of citizens of Pennsylvania, remonstrating against the admission of Texas into the Union with a constitution tolerating slavery.

A motion was made that the petition be received, and being objected to,

Ordered , That the motion lie on the table.

Mr. Evans submitted documents relating to the claim of John Clark, a soldier in the last war with Great Britain, to a pension: which was referred to the Committee on Pensions.

Mr. Davis presented two petitions of citizens of the State of New York, remonstrating against the admission of Texas into the Union with a constitution tolerating slavery.

A motion was made that the petitions be received, and being objected to,

Ordered , That the motion lie on the table.

Mr. Breese presented the memorial of Ann Mix, widow of Mervine P. Mix, deceased, late an officer in the navy, praying the purchase by the government of a patent right taken out by her late husband for an invention of a manger stopper for chain cables: which was referred to the Committee on Naval Affairs, and ordered to be printed.

Mr. Breese presented the memorial of James McIntosh, an officer in the navy, praying compensation for the performance of duties appertaining to a higher grade in the service than that to which he belonged: which was referred to the Committee on Naval Affairs.

Mr. Dickinson presented three petitions of citizens of the State of New York, remonstrating against the admission of Texas into the Union with a constitution tolerating slavery.

A motion was made that the petitions be received, and being objected to,

0062 62

Ordered , That the motion lie on the table.

Mr. Dix presented a petition of citizens of Cayuga county, New York, remonstrating against the admission of Texas into the Union with a constitution tolerating slavery.

Mr. Upham presented a petition of citizens of Vermont, remonstrating against the admission of Texas into the Union with a constitution tolerating slavery.

Mr. Sturgeon presented a petition of citizens of Pennsylvania, remonstrating against the admission of Texas into the Union with a constitution tolerating slavery.

Mr. Dayton presented a petition of citizens of Pennsylvania, remonstrating against the admission of Texas into the Union with a constitution tolerating slavery.

Mr. Fairfield presented five petitions of citizens of Maine, remonstrating against the admission of Texas into the Union with a constitution tolerating slavery.

Mr. Corwin presented six petitions of citizens of Ohio, remonstrating against the admission of Texas into the Union with a constitution tolerating slavery.

A motion was made that the petitions be received, and being objected to,

Ordered , That the motion lie on the table.

Mr. Fairfield presented a memorial of merchants, ship owners, and others, citizens of Saco, Maine, praying an appropriation for repairing the piers in the Saco river: which was referred to the Committee on Commerce.

Mr. Fairfield presented a memorial of the forward officers attached to the late exploring expedition, praying to be allowed extra compensation for their services: which was referred to the Committee on Naval Affairs.

Mr. Huntington presented the petition of Cary H. Seely, a seaman in the naval service, in the last war with Great Britain, praying a pension: which was referred to the Committee on Pensions.

Mr. Huntington presented the petition of William Pennoyer, a soldier in the revolutionary war, praying a pension: which was referred to the Committee on Pensions.

Mr. Dayton presented the memorial of Richard S. Coxe, praying compensation for legal services as counsel for the Post Office Department at the request of the Postmaster General: which was referred to the Committee on the Judiciary.

Mr. Atherton presented a petition of citizens of New Hampshire, praying that pensions may be granted to the soldiers in the last war with Great Britain: which was referred to the Committee on Pensions.

Mr. Cass presented the petition of Clara H. Pike, widow of Zebulon M. Pike, deceased, late an officer in the United States army, praying compensation for the services of her husband in exploring the Mississippi river and the southern part of the Territory of Louisiana: which was referred to the Committee on Military Affairs.

Mr. Cass presented the petition of Clara H. Pike, widow of General Zebulon M. Pike, deceased, praying a pension: which was referred to the Committee on Military Affairs.

Mr. Cass presented the petition of Amos Holton, a quartermaster in the army during the last war with Great Britain, praying an equitable settlement of his accounts: which was referred to the Committee of Claims.

Mr. Benton presented the petition of John McNeil, an officer in the last 0063 63 war with Great Britain, paying a pension: which was referred to the Committee on Pensions.

Mr. Greene presented resolutions passed by the General Assembly of the State of Rhode Island and Providence Plantations, requesting the Senators and Representatives of that State in Congress to use their efforts to procure the distribution by Congress of the reports or the decisions of the Supreme Court among the several States and Territories: which were referred to the Committee on the Judiciary.

Mr. Jenness presented resolutions passed by the Legislature of the State of New Hampshire, instructing the Senators and requesting the Representatives of that State in Congress to use their efforts to procure the distribution of the reports of the decisions of the Supreme Court among the several States: which were referred to the Committee on the Judiciary.

Mr. Pennybacker presented the petition of J. F. Caldwell, contractor for carrying the mail, praying the payment of certain sums of money alleged to have been illegally withheld by the Post Office Department: which was referred to the Committee on the Post Office and Post Roads.

On motion by Mr. Hannegan,

Ordered , That the document on the files of the Senate, relating to the claim of the legal representatives of Francis Vigo, deceased, be referred to the Committee on Revolutionary Claims.

On motion by Mr. Barrow,

Ordered , That the petition of William De Buys, on the files of the Senate, be referred to the Committee on the Post Office and Post Roads.

On motion by Mr. Davis,

Ordered , That the petition of Nathaniel Goddard, and others, on the files of the Senate, be referred to the Committee of Claims.

On motion by Mr. Sevier,

Ordered , That the documents on the files of the Senate, relating to the claim of George Duval, be referred to the Committee on Indian Affairs.

On motion by Mr. Fairfield,

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

On motion by Mr. Phelps,

Ordered , That the petition of the executor of J. J. Bulow, and the petition of the heir of Joseph Watson, on the fires of the Senate, be referred to the Committee of Claims.

On motion by Mr. Barrow,

Ordered , That the documents on the files of the Senate, relating to the erection of barracks at Pass Christien, in the State of Mississippi, be referred to the Committee on Military Affairs.

On motion by Mr. Evans,

Ordered , That the documents on the files of the Senate, in relation to the claim of Joseph Morrison, be referred to the Committee on Pensions.

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

Resolved , That the Committee on Military Affairs be directed to inquire, into the expediency of organizing a company of sappers, miners, and pontoniers.

Mr. Levy submitted the following resolution for consideration:

Resolved , That, in the opinion of the Senate, it is advisable for the President to open negotiations with the government of Spain, for the cession 0064 64 to the United States of the island of Cuba, the inhabitants of said island consenting thereto.

Mr. Fairfield having, on his motion, been excused from serving on the select committee to whom have been referred the memorials praying indemnity for spoliations committed, under the authority of the government of France, prior to the year 1800:

On motion by Mr. Fairfield,

Ordered , That a member be appointed by the President of the Senate, in the plume of Mr. Fairfield; and

Mr. Webster was appointed.

Agreeably to notice, Mr. Evans asked and obtained leave to bring in a bill (S. 17) granting a pension to Joseph Morrison; which was read the first and second times, by unanimous consent, and referred to the Committee on Pensions.

Mr. Ashley, from the Committee on the Judiciary, to whom was referred the joint resolution (H. R. 2) for the admission of Texas into the Union, reported it without amendment.

The Senate proceeded, as in Committee of the Whole, to consider the said resolution; and no amendment having been made, it was reported to the Senate.

On the question “Shall this resolution be read a third time?”

It was determined in the affirmative,

Yeas, 31

Nays, 13

On motion by Mr. Sevier,

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

Those who voted in the affirmative are,

Messrs. Allen, Archer, Ashley, Atchison, Atherton, Bagby, Barrow, Benton, Berrien, Breese, Calhoun, Cass, Chalmers, Colquitt, Dickinson, Dix, Fairfield, Hannegan, Haywood, Jenness, Johnson, of Louisiana, Levy, Lewis, Mangum, Niles. Pennybacker, Sevier, Speight, Sturgeon, Turney, Westcott.

Those who voted in the negative are,

Messrs. Thomas Clayton, Corwin, Davis, Dayton, Evans, Greene, Huntington, Miller, Phelps, Simmons, Upham Webster, Woodbridge.

So it was

Ordered , That the resolution pass to a third reading.

The said resolution was read a third time.

Resolved , That this resolution pass.

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

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

Washington , December 22, 1845.

I transmit to Congress a communication from the Secretary of State, with a statement of the expenditures from the appropriation made by the act entitled “An act providing the means of future intercourse between the United States and the government of China,” approved the 3d of March, 1843.

JAMES K. POLK.

The message was read.

Ordered , That it be printed.

0065 65

Mr. Ashley, from the Committee on the Judiciary, to whom was referred the bill (S. 11) for the admission of Texas into the Union, reported it with an amendment: which was read.

Mr. Breese, from the Committee on Public Lands, to whom was referred a bill (S. 8) for the relief of William Elliott, jr., of Fulton county, State of Illinois, reported it without amendment. Mr. Breese also submitted report on the subject: which was ordered to be printed.

Mr. Dickinson, agreeably to notice, asked and obtained leave to bring in a bill (S. 18) for the relief of the legal representatives of William D. Cheever, deceased: which was read the first and second times, by unanimous consent, and referred to the Committee of Claims.

Mr. Speight, agreeably to notice, asked and obtained leave to bring in a bill (S. 19) to aid the State of Mississippi in the construction of a railroad from Jackson, through Brandon, to the western boundary of Alabama: 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. French, their Clerk:

Mr. President: The House of Representatives have appointed the Honorable Mr. Wheaton, of New York, and the Honorable Mr. Kennedy, of Indiana, a Committee on Enrolled Bills, on their part.

I am directed to inform the Senate that the House of Representatives have elected William H. Milburne a chaplain of Congress, on the part of the House.

After the consideration of Executive business,

The Senate adjourned.

TUESDAY, December 23, 1845. Link to Annals.

The Vice President laid before the Senate a report of the Secretary of the Senate, made agreeably to law, exhibiting the contingent expenses of the Senate during the year ending 30th November, 1845, and the amount unexpended at that time: which was read, and ordered to be printed.

Mr. Webster presented eleven petitions of citizens of Massachusetts, a petition of citizens of New York, and three petitions of female inhabitants of Massachusetts, severally remonstrating against the admission of Texas into the Union with a constitution tolerating slavery.

Mr. Jenness presented a petition of citizens of New Hampshire, remonstrating against the admission of Texas into the Union with a constitution tolerating slavery.

Ordered , That they lie on the table.

Mr. Breese presented the petition of Emeline Owens, praying compensation for the occupation and use of her property by the troops of the United States in the year 1832: which was referred to the Committee on Military Affairs.

Mr. Breese presented a petition of citizens of Illinois, praying the establishment of a mail route from Cairo to Belleville, in said State, and a mail route from Fort Massac, on the Ohio river, to Farmington, in Missouri: winch was referred to the Committee on the Post Office and Post Roads.

Mr. Cass presented the memorial of John Crowell, late India agent, praying the allowance of certain suspended items in the settlement of his accounts: which was referred to the Committee on Indian Affairs. 5

0066 66

Mr. Davis presented the petition of Charles Fletcher, praying the establishment of a mail route from the Atlantic to the Pacific ocean: which was referred to the Committee on the Post Office and Post Roads.

Mr. Dix presented the petition of Daniel B. Baker, a soldier in the last war with Great Britain, praying a pension: which was referred to the Committee on Pensions.

Mr. Westcott presented a memorial of the legislature of the State of Florida, accompanied by resolutions which passed that body, urging the adoption of measures for the liquidation and payment of the claims of the citizens of that State, in consequence of the destruction of their property during the Seminole war: which was referred to the Committee on the Judiciary, and ordered to be printed.

Mr. Westcott presented the petition of Robert Butler, praying compensation for property taken for public purposes under the authority of an act of Congress: which was referred to the Committee of Claims.

Mr. Westcott presented the petition of Archibald Smith, jr., praying the reimbursement of expenses incurred in a suit alleged to have been erroneously instituted against him by the United States: which was referred to the Committee of Claims.

Mr. Westcott presented the petition of Archibald Smith, jr., praying compensation for cattle taken in the Seminole war for the use of the United States troops under the command of General Jackson: which was referred to the Committee of Claims.

Mr. Westcott presented the petition of Susan McCulloh, widow of a deceased naval officer, praying a continuance of her pension: which was referred to the Committee on Pensions.

Mr. Barrow presented a petition of citizens of the parish of West Feliciana, in the State of Louisiana, praying that patents may be issued to them for the lands on which they have settled: which was referred to the Committee on Private Land Claims.

Mr. Sturgeon presented the memorial of Henry Etting, a purser in the navy, praying the repayment of expenses which he has incurred in the recovery of public money deposited for safekeeping in a banking institution in New Orleans: which was referred to the Committee on Naval Affairs.

Mr. Benton presented the petition of David D. Porter in behalf of Evelina Porter, widow of the late Commodore David Porter, praying a pension: which was referred to the Committee on Naval Affairs.

On motion by Mr. Davis,

Ordered , That the documents on the files of the Senate, relating to the claim of Alborne Allen, be referred to the Committee of Claims.

On motion by Mr. Lewis,

Ordered , That the petition of C. G. Gunter, on the files of the Senate, be referred to the Committee on Public Lands.

On motion by Mr. Lewis,

Ordered , That the petition of Hugh Wallace Wormley, on the files of the Senate, be referred to the Committee on Naval Affairs.

Mr. Cass 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 making an appropriation for the purpose of deepening the channel over the flats at the mouth of the river St. Clair, in the State of Michigan.

0067 67

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

Resolved , That the Committee on Commerce be instructed to report to the Senate a bill for extending the revenue laws of the United States over the State of Texas, and establishing collection districts therein, and to provide for the collection of the duties which are or may be imposed by law upon goods imported into said State of Texas, from and after the period at which the act admitting the said State into the Union shall be finally executed, and under the provisions of the laws of the United States already passed.

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

Resolved , That the Committee on Pensions be instructed to inquire into the expediency of passing an act to continue the office of the Commissioner of Pensions.

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

Resolved , That the Committee on the Post Office and Post Roads be instructed to report a bill providing for conveying the United States mail to and within the State of Texas, so far, as in their judgment, the public interest may require.

On motion by Mr. Mangum,

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

On motion by Mr. Allen, to reconsider the vote on agreeing to the motion to adjourn to Saturday next:

It was determined in the negative.

On motion by Mr. Breese,

Ordered , That five thousand additional copies of the annual report of the Commissioner of the General Land Office be printed for the use of the Senate, without the maps.

On motion by Mr. Niles,

Ordered , That so much of the message of the President of the United States as relates to the Post Office Department, be referred to the Committee on the Post Office and Post Roads.

On motion by Mr. Benton,

Ordered , That so much of the message of the President of the United States as relates to military affairs, be referred to the Committee on Military Affairs.

On motion by Mr. Fairfield,

Ordered , That so much of the message of the President of the United States as relates to the navy, be referred to the Committee on Naval Affairs.

On motion by Mr. Breese,

Ordered , That so much of the message of the President of the United States as relates to the reduction and graduation of the price of the public lands, the policy of granting pre-emptions, and the sale of the mineral lands, be referred to the Committee on Public Lands.

On motion by Mr. Dickinson,

Ordered , That so much of the message of the President of the United States as relates to manufactures, mechanic arts, and the wages of labor, be referred to the Committee on Manufactures.

On motion by Mr. Sevier,

Ordered , That so much of the message of the President of the United 0068 68 States as relates to Indian affairs, be referred to the Committee on Indian Affairs.

Agreeably to notice, Mr. Barrow asked and obtained leave to bring in a bill (S. 20) to provide for the survey of the mouth of Red river, in the State of Louisiana: which was read the first and second times, by unanimous consent, and referred to the Committee on Commerce.

Mr. Benton, from the Committee on Military Affairs, to whom the subject was referred, reported a bill (S. 21) for the organization of a company of sappers, miners, and pontoniers: which was read, and passed to the second reading.

Mr. Benton, from the Committee on Military Affairs, reported a bill (S. 22) to repeal the act which abolished the office of one of the inspectors general of the army, and to revive and establish said office: which was read, and passed to a second reading.

The resolution (S. 1) advising the President of the United States to give notice to the government of Great Britain that the government of the United States will, in virtue of the second article of the convention of the 6th of August, 1827, between the two governments, relative to the Oregon Territory, annul and abrogate that convention, was read the second time, and considered as in Committee of the Whole: and having been amended, on the motion of Mr. Allen,

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

The Senate proceeded to consider, as in Committee of the Whole, the bill (S. 11) for the admission of the State of Texas into the Union, together with the amendment reported thereto: 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 said bill having been reported by the committee correctly engrossed, was read a third time, and the title was amended.

Resolved , That this bill pass, and that the title thereof be “An act to extend the laws of the United States over the State of Texas, and for other purposes.”

Ordered , That the Secretary request the concurrence of the House of Representatives in this bill.

The Senate proceeded to the election of a chaplain on their part: and on counting the ballots, it appeared that the Rev. Septimus Tuston was duly elected.

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

After the consideration of Executive business,

The Senate adjourned.

SATURDAY, December 27, 1845. Link to Annals.

Mr. Hannegan presented the credentials of the Hon. Jesse D. Bright, chosen a Senator by the legislature of the State of Indiana, for the term of six years, commencing the fourth day of March, one thousand eight hundred and forty-five: which were read, and the oath prescribed by law was administered to Mr. Bright, and he took his seat in the Senate.

Mr. Davis presented the petition of Thomas Henshaw and others, praying an increase of pension granted to the militia who served in the revolutionary war: which was referred to the Committee on Pensions.

0069 69

Mr. Evans presented a petition of citizens of Maine, remonstrating against the admission of Texas into the Union with a constitution tolerating slavery.

Mr. Upham presented four petitions of citizens of Vermont, remonstrating against the admission of Texas into the Union with a constitution tolerating slavery.

Ordered , That the said petitions lie on the table.

Mr. Upham presented resolutions passed by the legislature of the State of Vermont, protesting against the admission of Texas into the Union without the consent of all the States, and requesting their Senators and Representatives in Congress to oppose that measure by all legal and constitutional means.

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

Mr. Upham presented the petition of Zadok Huntley, a revolutionary soldier, praying a pension: which was referred to the Committee on Pensions.

Mr. Upham presented the petition of the representatives of George W. Corliss, deceased, an officer in the revolutionary army, praying to be allowed seven years' half pay: which was referred to the Committee on Revolutionary Claims.

Mr. Upham presented the petition of Beebe Wadham, legal representative of Heman Allen, deceased, praying the reimbursement of advances made by said Heman Allen during the revolutionary war: which was referred to the Committee on Revolutionary Claims.

Mr. Thomas Clayton presented the petition of the heirs of Mountjoy Bayly, an officer in the revolutionary war, praying to be allowed interest on his commutation pay: which was referred to the Committee on Revolutionary Claims.

Mr. Dickinson presented a petition of masters of vessels and seamen engaged in navigating lake Erie, praying an appropriation for completing and lighting the harbor of Cattaraugus: which was referred to the Committee on Commerce.

Mr. Jenness presented the petition of Ruth Ransom, praying the renewal of a lost bounty land warrant, issued to her as the legal representative of Nathaniel Nayson, deceased, an officer in the revolutionary army: which was referred to the Committee on Revolutionary Claims.

Mr. Dix presented the petition of Richard Kidd and Benjamin Kidd, praying payment of the balance of a judgment in their favor against Samuel Swartwout, late collector of the port of New York, for duties illegally exacted of them: which was referred to the Committee on Finance.

Mr. Dix presented the petition of Jonathan Little, assignee of Whiley & Taylor, merchants in the city of New York, praying the repayment of certain duties illegally exacted of them by the collector of that port, on a cargo of silk twist imported in the years 1838 and 1839: which was referred to the Committee on Finance.

Mr. Ashley presented a petition of citizens of Arkansas, praying the establishment of a mail route from Oakland grove to Dezark bluff, in that State: which was referred to the Committee on the Post Office and Post Roads.

Mr. Ashley presented the petition of Scott, White, & Company, praying the repayment of a sum of money which they advanced to the paymaster 0070 70 for the western department of the army, for the public service: which was referred to the Committee of Claims.

Mr. Sturgeon presented six petitions of citizens of Pennsylvania, remonstrating against the admission of Texas into the Union with a constitution tolerating slavery.

Ordered , That they lie on the table.

Mr. Cass presented the petition of Ambrose R. Davenport, praying compensation for military services during the last war with Great Britain: which was referred to the Committee on Military Affairs.

Mr. Evans presented the petition of Mary MacRea, widow of William MacRea, deceased, an officer in the United States army, praying compensation for the military services of her late husband: which was referred to the Committee on Military Affairs.

Mr. Lewis presented the petition of Ross Winans, praying an extension of his patent for an improvement in the construction of axles for railroad cars: which was referred to the Committee on Patents and the Patent Office.

Mr. Haywood presented a letter from Joseph Eaches, mayor of Alexandria, in the District of Columbia, communicating a resolution passed by the common council of Alexandria, remonstrating against the repeal of the act requiring one of the judges of the circuit court for the District of Columbia to reside in that city: which was referred to the Committee on the District of Columbia.

On motion by Mr. Davis,

Ordered , That the petition of Jones Shaw, on the files of the Senate, be referred to the Committee on Finance.

On motion by Mr. Johnson, of Maryland,

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

On motion by Mr. Johnson, of Maryland,

Ordered , That the petition of True Putney and Hugh Riddle, on the files of the Senate, be referred to the Committee of Claims.

On motion by Mr. Dix,

Ordered , That the documents on the files of the Senate, relating to the claim of John Keith, be referred to the Committee on Pensions.

A message from the House of Representatives, by Mr. French, their Clerk:

Mr. President: The Speaker of the House of Representatives having signed an enrolled resolution, (H. R. 2,) I am directed to bring it to the Senate for the signature of their President.

Agreeably to notice, Mr. Evans asked and obtained leave to bring in a bill (S. 23) for the relief of Mary MacRea, widow of Colonel William MacRea, late of the United States army: which was read the first and second times, by unanimous consent, and, with the accompanying papers, referred to the Committee on Military Affairs.

Mr. Ashley, agreeably to notice, asked and obtained leave to bring in a bill (S. 24) to establish a permanent general pre-emption system in favor of actual settlers on the public lands: which was read the first and second times, by unanimous consent, and referred to the Committee on Public Lands.

Mr. Atherton, agreeably to notice, asked and obtained leave to bring in a bill (S. 25) for the settlement of the claims of New Hampshire against 0071 71 the United States: which was read the first and second times, by unanimous consent, and referred to the Committee on Military Affairs.

Mr. Johnson, of Louisiana, from the Committee on Pensions, reported a bill (S. 26) to continue the office of Commissioner of Pensions: which was read, and passed to the second reading.

Mr. Speight, from the Committee on Public Lands, to whom was referred a bill (S. 4) to apply certain alternate sections of the public domain toward the completion of works of internal improvement in the State of Michigan, reported it without amendment.

Mr. Speight also submitted a report on the subject: which was ordered to be printed.

Mr. Levy, on his motion, had leave to withdraw the resolution submitted by him the 22d instant, in relation to the cession by Spain to the United States of the island of Cuba.

The Senate proceeded to consider the resolution submitted by Mr. Atchison the 18th December, in relation to the organization of a government for the Territory of Oregon, and to administrative measures for the same: and the resolutions were agreed to.

The Senate proceeded to consider the resolution submitted by Mr. Phelps the 18th instant, relating to the office of inspector general: and,

On motion by Mr. Phelps,

Ordered , That it lie on the table.

After the consideration of Executive business,

The Senate adjourned.

MONDAY, December 29, 1845. Link to Annals.

The Vice President laid before the Senate a report of the Secretary of War, made in compliance with a resolution of the senate, showing the progress which has been made in the removal of the raft in Red river: which was read, referred to the Committee on Commerce, and ordered to be printed.

The Vice President laid before the Senate a report of the Secretary of the Treasury, made in compliance with a resolution of the Senate, in relation to the correction of errors, and completing the returns of the survey of township one south, of range seven east, in the State of Michigan: which was read, referred to the Committee on Public Lands, and ordered to be printed.

Mr. Hannegan presented the memorial of James L. Cathcart, executor of James L. Cathcart, deceased, late consul general of the United States to the Barbary powers, praying compensation for the capture of the property of his testator while he was engaged in the execution of the orders of his government: which was referred to the Committee of Claims.

Mr. Bagby presented the memorial of James H. Causten, assignee of John B. Hogan, praying compensation for services rendered as commissioner for investigating frauds on the Creek Indians: which was referred to the Committee on Indian Affairs.

Mr. John M. Clayton presented a petition of citizens of Delaware, remonstrating against the admission of Texas into the Union with a constitution tolerating slavery.

Ordered , That it lie on the table.

Mr. Atchison presented a memorial of chiefs, braves, and young men 0072 72 of the united bands of Chippewa, Ottowa, and Pottawatomie Indians, praying that provision may be made, in the treaties which may hereafter be formed, for securing to them the fee simple in their reservations: which was referred to the Committee on Indian Affairs.

Mr. Atchison presented the petition of W. H. Hildreth, praying compensation for provisions furnished for the use of the Sac and Fox Indians west of the Missouri river: which was referred to the Committee on Indian Affairs.

Mr. Upham presented the petition of Hannah Branch, widow of a deceased revolutionary soldier, praying a pension: which was referred to the Committee on Pensions.

Mr. Jenness presented a petition of citizens of Durham, New Hampshire, praying the adoption of measures for the amicable adjustment of all international difficulties: which was referred to the Committee on the Judiciary.

Mr. Atherton presented the petition of Reuben Mills, a revolutionary soldier, praying a pension: which was referred to the Committee on Pensions.

Mr. Johnson, of Louisiana, presented the petition of Elizabeth Sailor, widow of a deceased revolutionary soldier, praying a pension: which was referred to the Committee on Pensions.

Mr. Johnson, of Maryland, presented the memorial of Erskine and Eichelberger, praying the payment of a balance due on certain advances made by them to John Gunter, a Cherokee Indian, for which the United States became bound by the treaty with the Cherokee Indians of 1835–'6: which was referred to the Committee of Claims.

Mr. McDuffie presented the memorial of the chamber of commerce of the city of Charleston, praying the establishment in that city of a branch of the United States mint: which was referred to the Committee on Commerce.

Mr. McDuffie presented a memorial of citizens of Charleston, South Carolina, praying the establishment in that city of a branch of the mint of the United States: which was referred to the Committee on Finance.

Mr. McDuffie presented the memorial of John Carter, of Georgetown, District of Columbia, praying that he may be authorized by law to bring one of his slaves into the District of Columbia from his former residence in South Carolina: which was referred to the Committee on the District of Columbia.

Mr. Dix presented the memorial of Smith, Thurgar, & Co., merchants in New York, praying the repayment of certain duties alleged to have been illegally exacted by the collector of that port: which was referred to the Committee on Finance.

Mr. Ashley submitted documents relating to the claim of Richard Elliott, a revolutionary soldier, to a pension: which, with the petition and papers on file, were referred to the Committee on Pensions.

Mr. Bagby presented the memorial of Walter Jones and other members of the bar, in the city of Washington, praying the repeal of the law requiring one of the judges of the circuit court for the District of Columbia to reside in the county of Alexandria: which was referred to the Committee on the Judiciary.

Mr. Ashley presented a resolution passed by the legislature of the State of Arkansas, instructing the Senators, and requesting the Representative 0073 73 of that State in Congress, to endeavor to procure the enactment of a law authorizing the public land to be sold in half quarter sections running east and west, whenever the same may suit the convenience of purchasers, and that the same may be entered only for actual cultivation; or, when contiguous to the homestead, by the actual settler: which was referred to the Committee on Public Lands, and ordered to be printed.

Mr. Ashley presented a resolution passed by the legislature of the State of Arkansas, instructing the Senators, and requesting the Representative of that State in Congress, to use their exertions to obtain the assent of the United States to the application of certain lands, heretofore granted to the State of Arkansas for the erection of a seminary, to the support of common schools: which was referred to the Committee on Public Lands, and ordered to be printed.

Mr. Johnson, of Maryland, presented the memorial of James McIntosh, a commander in the navy, praying compensation for services performed as an officer of higher grade: which was referred to the Committee on Naval Affairs.

On motion by Mr. Fairfield,

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

On motion by Mr. Fairfield,

Ordered , That the petition of Jesse D. Elliott, on the files of the Senate, be referred to the Committee on Naval Affairs.

On motion by Mr. Atherton,

Ordered , That the petition of David Currier, on the files of the Senate, be referred to the Committee on Pensions.

On motion by Mr. Speight,

Ordered , That Abner L. Duncan have leave to withdraw his memorial.

On motion by Mr. Cass,

Ordered , That the members of the Stockbridge nation of Indians have leave to withdraw their memorial and papers.

On motion by Mr. Bright,

Ordered , That Seth M. Leavenworth have leave to withdraw his petition and papers.

Mr. Cass submitted the following resolutions for consideration:

Resolved , That the Committee on Military Affairs be instructed to inquire into the expediency of constructing a ship canal round the falls at the Sault Ste. Marie, in the State of Michigan, with a view to the military and naval defence of the northwestern frontier of the United States.

Resolved , That the Committee on Military Affairs be instructed to inquire into the expediency of fixing a period of age beyond which no officer in the army shall be called into active service during war; and if they consider such a measure expedient, then to consider, also, the regulations proper to be adopted to effect the object.

Mr. Hannegan submitted the following resolutions for consideration:

1. Resolved , That the country included within the parallels of forty-two degrees and fifty four degrees forty minutes north latitude, and extending from the Rocky mountains to the Pacific ocean, known as the Territory of Oregon, is the property and part and parcel of the territories of the United States.

2. Resolved , That there exists no power in this government to transfer 0074 74 its soil, and the allegiance of ifs citizens, to the dominion, authority, control, and subjection of any foreign prince, state, or sovereignty.

3. Resolved , That the abandonment or surrender of any portion of the Territory of Oregon would be an abandonment of the honor, the character, and the best interests of the American people.

A message from the House of Representatives, by Mr. French, their Clerk:

Mr. President: The House of Representatives have passed the bill from the Senate (S. 11) to extend the laws of the United States over the State of Texas, and for other purposes.

Mr. Bright reported from the committee that they had examined and found duly enrolled the resolution (H. R. 2) for the admission of the State of Texas into the Union.

Mr. Lewis having been excused, on his motion, from serving on the Committee on Roads and Canals:

On motion by Mr. Speight,

Ordered , That a member be appointed by the Vice President to fill the vacancy: and

Mr. Turney was appointed.

On motion by Mr. Ashley,

Ordered , That an additional member be added to the Committee on Enrolled Bills, to be appointed by the Vice President: and

Mr. Greene was appointed.

Mr. Greene reported from the committee that they had examined and found duly enrolled the bill (S. 11) to extend the laws of the United States over the State of Texas, and for other purposes.

Mr. Hannegan, from the Committee on Roads and Canals, to whom was referred a bill (S. 9) for the continuation of the Cumberland road in the States of Ohio, Indiana, and Illinois, reported it without amendment.

The bill (S. 21) for the organization of a company of sappers, miners, and pontoniers, 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 bill (S. 22) to repeal the act which abolished the office of one of the inspectors general of the army, and to revive and establish said office, 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.

Mr. Haywood, from the Committee on Commerce, reported a bill (S. 27) to establish a collection district in the State of Texas, and for other purposes: 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.

The said bill having been reported by the committee correctly engrossed, was read a 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.

Mr. Greene reported from the committee that they had examined and found duly enrolled the bill (S. 11) to extend the laws of the United States over the State of Texas, and for other purposes.

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A message from the House of Representatives, by Mr. French, their Clerk:

Mr. President: The Speaker of the House of Representatives having signed an enrolled bill, (S. 11,) I am directed to bring it to the Senate for the signature of their President.

The Vice President signed the enrolled resolution (H. R. 2) and the enrolled bill, (S. 11,) reported to have been examined, and they were delivered to the committee, to be presented to the President of the United States.

Mr. Bright reported from the committee that they had presented to the President of the United States the enrolled resolution (H. R. 2) for the admission of the State of Texas into the Union.

Mr. Greene reported from the committee that they had presented to the President of the United States the enrolled bill (S. 11) to extend the laws of the United States over the State of Texas, and for other purposes.

A message from the House of Representatives, by Mr. French, their Clerk:

Mr. President: The President of the United States this day approved and signed a joint resolution (H. R. 2) for the admission of the State of Texas into the Union.

After the consideration of Executive business,

The Senate adjourned.

TUESDAY, December 30, 1845. Link to Annals.

The Vice President laid before the Senate a report of the Secretary of the Treasury, made agreeably to law, exhibiting the contracts made by the Treasury Department, the payments for miscellaneous claims, and the expenditures from the marine hospital fund, for the year ending June 30, 1845: which was read, and ordered to be printed.

Mr. Woodbridge presented the petition of Shedrach Gillet and George Clark, praying the right of pre-emption to a tract of land in the State of Michigan: which was referred to the Committee on Private Land Claims.

Mr. Fairfield presented the petition of Samuel Knight, jr., praying a pension for injuries received while engaged in the service of the United States, in the erection of a monument on Stage island, in the State of Maine: which was referred to the Committee on Pensions.

Mr. Atherton presented the petition of the heirs of Crocher Sampson, deceased, a revolutionary officer, praying the renewal of a bounty land warrant alleged to have been lost or destroyed: which was referred to the Committee on Revolutionary Claims.

Mr. Archer presented the petition of Nathaniel Kuykendall, praying compensation for his services in carrying the mail: which was referred to the Committee on the Post Office and Post Roads.

Mr. Johnson, of Maryland, presented the memorial of Elizabeth Gassaway, widow of a deceased revolutionary officer, praying a pension: which was referred to the Committee on Pensions.

Mr. Johnson, of Maryland, presented the petition of Abigail Reeves, widow of a deceased revolutionary soldier, praying a pension: which was referred to the Committee on Pensions.

Mr. Cass presented seven petitions of citizens of Michigan, praying that a duty may be imposed on fuel purchased in Canada for the use of American steamboats: which were referred to the Committee on Finance.

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Mr. Jenness presented resolutions passed by the legislature of the State of New Hampshire, instructing the Senators, and requesting the Representatives of that State in Congress, to use their exertions to procure a modification of the rates of passage, so as to authorize the transmission of newspapers free of postage within the limits of the States where they are published.

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

Mr. Barrow presented the petition of the heirs of Nicholas Barra, deceased, praying the confirmation of their title to a tract of land in Louisiana: which was referred to the Committee on Private Land Claims.

Mr. Barrow presented a petition of citizens of New Orleans, Louisiana, praying the establishment of a national armory and foundery at Fort Massac, on the Ohio river: which was referred to the Committee on Military Affairs.

Mr. Levy presented a preamble and resolutions passed by the General Assembly of the State of Florida, recommending measures to ascertain the practicability of reclaiming the everglade lands in that State: which were referred to the Committee on Public Lands, and ordered to be printed.

Mr. Ashley presented a memorial of the legislature of the State of Arkansas, praying as appropriation for completing the removal of the raft of Red river: which was referred to the Committee on Commerce, and ordered to be printed.

Mr. Ashley presented a memorial of the legislature of the State of Arkansas, praying an appropriation for completing the road between Memphis and Little Rock, and for opening a road from Little Rock to Fort Smith, on the south bank of the Arkansas river: which was referred to the Committee on Public Lands, and ordered to be printed.

Mr. Ashley presented a memorial of the legislature of the State of Arkansas, praying an appropriation for constructing levees on the Arkansas and Mississippi rivers, for the purpose of reclaiming the inundated lands adjacent thereto: which was referred to the Committee on Public Lands, and ordered to be printed.

Mr. Dix presented the petition of Harriet Ward, widow of a deceased naval seaman, praying a pension: which was referred to the Committee on Pensions.

Mr. Johnson, of Maryland, presented the petition of Peter Gorman, praying the payment of a balance due him on his contract for grading and gravelling the road leading from the capitol to the navy yard and congressional burial ground, in the city of Washington: which was referred to the Committee of Claims.

On motion by Mr. Atchison,

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

On motion by Mr. Atchison,

Ordered , That the documents on the files of the Senate, relating to the claims of Reuben E. Gentry and others, be referred to the Committee on Indian Affairs.

On motion by Mr. Dix,

Ordered , That the petition of Calvin Emmons, and the memorial of the executor of Uri Emmons, on the files of the Senate, be referred to the Committee on Patents and the Patent Office.

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On motion by Mr. Jenness,

Ordered , That David Little have leave to withdraw his petition.

On motion by Mr. Barrow,

Ordered , That John L. Delee and Andrew C. Armstrong have leave to withdraw their petitions and papers.

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

Resolved , That the Committee on the Judiciary be instructed to inquire and report whether any legislation by Congress is necessary with respect to the proceedings of the superior courts of Florida, sitting as federal courts since the 3d of March, 1845.

Mr. Sevier submitted the following resolution for consideration:

Resolved , That the Committee on Pensions be instructed to inquire into the expediency of granting five years' pay to Mrs. Mary Jane West, widow of Lieutenant James West, who died in the public service in 1834.

Mr. Johnson, of Louisiana, submitted the following resolution for consideration:

Resolved , That the Committee on Military Affairs be instructed to inquire into the expediency of an appropriation for the purpose of constructing canal from the Mississippi river at knew Orleans to lake Pontchartrain, so as to afford a direct communication to steamboats from the western country to the fort proposed to be erected on Ship island, with a view to the military and naval defence of the southern frontier of the United States.

Mr. Westcott submitted the following resolution for consideration:

Resolved , That the President of the United States be requested to cause to be communicated to the Senate copies of the correspondence between the Attorney General and the Solicitor of the Treasury, and the judicial officers of the Territory of Florida, in relation to the authority of the territorial judges as federal judges since the 3d of March, 1845.

Mr. Bagby submitted the following resolution for consideration:

Resolved , That the Committee on Military Affairs be instructed to inquire into the expediency of providing for the more adequate defence of the port and harbor of Mobile.

Mr. Haywood submitted the following resolution for consideration:

Resolved , That the Committee on Commerce inquire rate the expediency of establishing the warehouse system for the storage of imported goods, in connexion with the revenue system of the United States; and that said committee shall have heave to report by bill or otherwise.

Resolved , That so much of the report of the Secretary of the Treasury of the United States as refers to the commerce of the United States, be referred to the Committee on Commerce.

Mr. Johnson, of Maryland, submitted the following resolution for consideration:

Resolved , That the Committee on Military Affairs be instructed to inquire whether, with a view to the defence of the country, it is not expedient, by subscription to its stock, or otherwise, and upon such terms and conditions as may be agreed upon by the United States and the Baltimore and Ohio Railroad Company, to assist in the completion of the road of that company from its present western terminus to some suitable point on the Ohio river.

On motion by Mr. Speight,

Ordered , That the Committee on Military Affairs be discharged from 0078 78 the further consideration of the petition of Mrs. Clara H. Pike, and that it be referred to the Committee on Pensions.

On motion by Mr. Bagby,

Ordered , That the Committee on the Judiciary be discharged from the further consideration of the memorial of Walter Jones and others, and that it be referred to the Committee on the District of Columbia.

Agreeably to notice, Mr. Johnson, of Louisiana, asked and obtained leave to bring in a bill (S. 28) providing for the adjustment of all suspended pre-emption land claims in the several States and Territories: which was read the first and second times, by unanimous consent; and, with the report of the Secretary of the Treasury, of the 9th instant, in relation to suspended pre-emption land claims in Louisiana, referred to the Committee on Private Land Claims.

On motion by Mr. Johnson, of Louisiana,

Ordered , That the report of the Secretary of the Treasury, relating to suspended land claims in Louisiana, be printed.

Mr. Benton, from the Committee on Military Affairs, who were instructed to inquire into the subject, reported a bill (S. 29) to provide for raising a regiment of mounted riflemen: which was read, and passed to the second reading.

Mr. Dix, from the Committee on Military Affairs, to whom was referred the bill (S. 25) for the settlement of the claims of New Hampshire against the United States, reported it without amendment.

Mr. Ashley, from the Committee on Public Lands, to whom was referred the bill (S. 24) to establish a permanent general pre-emption system in favor of actual settlers on the public lands, reported it without amendment.

A message from the President of the United States, by Mr. Walker, his secretary:

Mr. President: The President of the United States approved and signed, the 29th instant, the enrolled bill entitled “An act to extend the laws of the United States over the State of Texas, and for other purposes.”

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

A message from the House of Representatives, by Mr. French, their Clerk:

Mr. President: The House of Representatives have passed the bill from the Senate (S. 27) to establish a collection district in the State of Texas, and for other purposes.

The Senate proceeded to consider the resolution submitted by Mr. Cass the 29th instant, relative to the construction of a ship canal around the falls of Ste. Marie: and the resolution was agreed to.

The Senate proceeded to consider the resolution submitted by Mr. Cass the 29th instant, in relation to the active service of officers of the army: and the resolution was agreed to.

The Senate proceeded to consider the resolutions submitted yesterday by Mr. Hannegan, relating to the boundaries of the Oregon Territory, and the claim of the United States thereto.

On motion by Mr. Calhoun, to amend the resolutions by striking out all after the word “ Resolved ,” where it first occurs, and inserting:

“That the President of the United States has the power, by and with the advice and consent of the Senate, to make treaties, provided two-thirds of the Senate present concur.”

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“ Resolved , That the power of making treaties embraces that of settling and fixing boundaries between the territories and possessions of the United States and those of other powers, in cases of conflicting claims between them in reference to the same.”

“ Resolved , That however clear their claim may be, in their opinion, to ‘the country included within the parallels of forty-two degrees and fifty degrees forty minutes north latitude, and extending from the Rocky mountains to the Pacific ocean, known as the Territory of Oregon,’ there now exist, and have long existed, conflicting claims to the possession of the same, between them and Great Britain, the adjustment of which has been frequently the subject of negotiation between their respective governments.”

“ Resolved, therefore , That the President of the United States has rightfully the power, under the constitution, by and with the advice and consent of the Senate, provided two-thirds of the members present concur, to adjust by treaty the claims of the two countries to the said territory, by fixing a boundary between their respective possessions.”

“ Resolved , That the President of the United States, in renewing the offer, in the spirit of peace and compromise, to establish the forty-ninth degree of north latitude as a line between the possessions of the two countries to the said Territory, did not ‘abandon the honor, the character, or the best interests of the American people,’ or exceed the power vested in him by the constitution to make treaties:” and,

After debate,

On motion by Mr. Hannegan,

Ordered , That the resolutions, with the proposed amendment, lie on the table.

The bill (S. 26) to continue the office of the Commissioner of Pensions 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 bills having been reported by the committee correctly engrossed, were severally read a third time:

S. 21. A bill for the organization of a company of sappers, miners, and pontoniers.

S. 22. A bill to repeal the act which abolished the office of one of the inspectors general of the army, and to revive and establish said office.

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.

A message from the House of Representatives, by Mr. French, 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.

Mr. Bright reported from the committee that they had examined and found duly enrolled the bill (S. 27) entitled “An act to establish a collection district in the State of Texas, and for other purposes.”

The Vice President signed the enrolled bill (S. 27) last reported to have been examined, and it was delivered to the committee to be presented to the President of the United States.

On motion,

The Senate adjourned.

WEDNESDAY, December 31, 1845. Link to Annals.

Mr. Benton presented the petition of Caroline E. Sanders, widow of William G. Sanders, deceased, praying a pension in consideration of wounds received by her late husband white commanding a company of volunteers in the war in Florida: which was referred to the Committee on Pensions.

Mr. Benton presented the memorial of Frederick Vincent, administrator of James Lecaze, late of the firm of Lecaze & Mallet, praying the payment of a balance standing on the books of the Treasury to the credit of Lecaze & Mallet, for advances during the revolutionary war: which was referred to the Committee on Finance.

Mr. Benton presented the petition of Edward D. Tippett, praying to be allowed the pay to which he is entitled as a sergeant in the army from the date of his discharge to the end of the period for which he enlisted: which was referred to the Committee of Claims.

Mr. Cameron presented a memorial of citizens of Pennsylvania, praying the erection of a light-house on the Brandywine shoals, in the Delaware river: which was referred to the Committee on Commerce.

Mr. Atchison presented a petition of citizens of Missouri, praying the establishment of a mail route from St. Joseph, Missouri, to Warsaw, in Illinois: which was referred to the Committee on the Post Office and Post Roads.

Mr. Bagby presented the memorial of Joseph Radcliff, praying compensation for timber lost by the burning of the navy yard at Washington in the year 1814; and for damages sustained in consequence of the abrogation by the government of the contract with him for supplying timber: which was referred to the Committee of Claims.

On motion by Mr. Corwin,

Ordered , That the legal representatives of William A. Slacum, deceased, have leave to withdraw their memorial and papers.

The Senate proceeded to consider the resolution submitted by Mr. Johnson, of Louisiana, the 30th instant, relative to the construction of a canal from the river Mississippi, at New Orleans, to lake Pontchartrain: and the resolution was agreed to.

The Senate proceeded to consider the resolution submitted by Mr. Johnson, of Maryland, the 30th instant, relating to a subscription by the United States to aid in the completion of the Baltimore and Ohio railroad: and the resolution was agreed to.

The Senate proceeded to consider the resolution submitted by Mr. Westcott the 30th instant, relating to a correspondence touching the authority of the territorial judges of Florida: and the resolution was agreed to.

The Senate proceeded to consider the resolution submitted by Mr. Bagby the 30th instant, relating to the defence of the port and harbor of Mobile: and the resolution was agreed to.

The Senate proceeded to consider the resolution submitted by Mr. Sevier the 30th instant, respecting an allowance of five years' pay to Mary J. West: and the resolution was agreed to.

The Senate proceeded to consider the resolutions submitted by Mr. Haywood the 30th instant, relating to the establishment of a warehouse system, and the reference to the Committee on Commerce of so much of the report of the Secretary of the Treasury of the United States as refers to the commerce of the United States: and the resolution was agreed to.

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On motion by Mr. Barrow,

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

Agreeably to notice, Mr. Davis asked and obtained leave to bring in a bill (S. 30) for the relief of Benjamin Adams and Company, and others: which was read the first and second times, by unanimous consent, and referred to the Committee on Finance.

The Senate proceeded to consider, as in Committee of the Whole, the bill (S. 8) for the relief of William Elliott, jr., of Fulton county, State of Illinois; and no amendment being made, it was reported to the Senate.

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

The bill (S. 26) to continue the office of the Commissioner of Pensions roving been reported by the committee correctly engrossed, was read a third time.

Resolved , That this bill pass, and that the title thereof be “An act to continue the office of the Commissioner of Pensions.”

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

Mr. Bright reported from the committee that they had this day presented to the President of the United States the enrolled bill (S. 27) to establish a collection district in the State of Texas, and for other purposes.

On motion by Mr. Evans,

The Senate adjourned.

SATURDAY, January 3, 1846. Link to Annals.

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

To the Senate of the United States:

I transmit to the Senate a report of the Secretary of the Navy, communicating the information called for by their resolution of the 18th of December, 1845, in relation to the “number of agents now employed for the preservation of timber, their salaries, the authority of law under which they are paid, and the allowances of every description made within the last twenty years in the settlement of the accounts of said agents.”

JAMES K. POLK.

Washington , January 3, 1846.

The message was read.

The Vice President laid before the Senate a report of the Secretary of War, exhibiting, agreeably to law, the balances of appropriations on the 1st of July, 1844; the appropriations for the fiscal year ending June 30, 1815; the re-payments and transfers within that year, the amounts applicable to the service of the year, and the unexpended balances on the 1st day of July, 1845; which was read.

Ordered , That it be printed.

Mr. Cameron presented two petitions of citizens of Pennsylvania, praying the erection of a light-house on the Brandywine shoals, in the Delaware river: which were referred to the Committee on Commerce.

Mr. Berrien presented a memorial of the Savannah chamber of commerce and citizens of Savannah, praying the removal of obstructions to the navigation 6 0082 82 of the Savannah river: which was referred to the Committee on Commerce, and ordered to be printed.

Mr. Breese presented the petition of the representatives of John Rice Jones, deceased, praying the confirmation of their title to a tract of land: which was referred to the Committee on Private Land Claims.

Mr. Atherton presented petition of citizens of Portsmouth, New Hampshire, praying the adoption of measures for the amicable adjustment of international difficulties, without a recourse to war: which was referred to the Committee on the Judiciary.

Mr. Huntington presented the petition of Sarah Little, widow of a deceased revolutionary soldier, praying a pension: which was referred to the Committee on Pensions.

Mr. Dickinson presented two petitions of citizens of New York, remonstrating against the admission of Texas into the Union with a constitution tolerating slavery.

Ordered , That they lie on the table.

Mr. Dix presented eight petitions of citizens of New York, and a petition of citizens of New Hampshire, remonstrating against the admission of Texas into the Union with a constitution tolerating slavery.

Ordered , That they lie on the table.

Mr. Bright presented a petition of citizens of Jeffersonville, Indiana, praying the construction of a canal around the falls of the Ohio river: which was referred to the Committee on Roads and Canals.

Mr. Westcott presented the petition of David L. White, praying compensation for his services as collector of the port of Appalachicola, in Florida: which was referred to the Committee of Claims.

Mr. Lewis presented the memorial of James Bogardus, praying an extension of his patent for an improvement in grist mills: which was referred to the Committee on Patents and the Patent Office.

On motion by Mr. Bagby,

Ordered , That the petition of Stephen Steele and James Daniel, on the files of the Senate, be referred to the Committee on Private Land Claims.

On motion by Mr. Fairfield,

Ordered , That the petition of William Miller, and the petition of Comfort Drew, widow of Noah Smith, on the files of the Senate, be referred to the Committee on Pensions.

On motion by Mr. Fairfield,

Ordered , That the petition of Ebenezer Ballard, on the files of the Senate, be referred to the Committee on Naval Affairs.

A message from the President of the United States, by Mr. Walker, his secretary:

Mr. President: The President of the United States approved and signed, the 31st December, 1845, “An act to establish a collection district in the State of Texas, and for other purposes.”

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

Agreeably to notice, Mr. Breese asked and obtained leave to bring in a bill (S. 31) to direct the President of the United States to sell the reserved mineral lands in the State of Illinois and Territories of Wisconsin and Iowa, supposed to contain lead ore: which was read the first and second times, by unanimous consent, and referred to the Committee on Public Lands.

0083 83

Agreeably to notice, Mr. Dickinson asked and obtained leave to bring in a bill (S. 32) to improve the navigation of Hudson river: which was read the first and second times, by unanimous consent, and referred to the Committee on Roads and Canals.

A message from the House of Representatives, by Mr. French, their Clerk:

Mr. President: The House of Representatives have passed a joint resolution (H. R. 4) “relative to the printing and distribution of the annual estimates;” also,

An act (H. R. 6) to establish the collection district of Chicago: in which resolution and bill they request the concurrence of the Senate.

The resolution (H. R. 4) relative to the printing and distribution of the annual estimates 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 read a third time.

The said resolution was read a third time, by unanimous consent.

Resolved , That it pass.

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

The bill (H. R. 6) to establish the collection district of Chicago was read the first and second times, by unanimous consent.

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

The bill (S. 8) for the relief of William Elliott, junior, of Fulton county, State of Illinois, having been reported by the committee correctly engrossed, was read a 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.

After the consideration of Executive business,

The Senate adjourned.

MONDAY, January 5, 1846. Link to Annals.

Mr. Evans submitted a document in relation to the claim of Smith Cram, a revolutionary soldier, to a pension: which, with his petition on the files of the Senate, was referred to the Committee on Pensions.

Mr. Bagby presented the petition of David Little, praying compensation for his extra services as a messenger in the Parent Office: which was referred to the Committee on Patents and the Patent Office.

Mr. Atherton presented, the petition of Hannah Atwood, widow of Francis A. Drew, a deceased revolutionary soldier, praying a pension: which was referred to the Committee on Pensions.

Mr. Upham presented a petition of citizens of Vermont, remonstrating against the admission of Texas into the Union with a constitution tolerating slavery: which was ordered to lie on the table.

On motion by Mr. Lewis,

Ordered , That the petition of Charles G. Page, on the flies of the Senate, be referred to the Committee on Patents and the Patent Office.

On motion by Mr. Evans,

Ordered , That the petition of Thomas Smith, on the files of the Senate, be referred to the Committee on Commerce.

0084 84

On motion by Mr. Barrow,

Ordered , That the heirs of Robert Moore have leave to withdraw their petition and papers.

On motion by Mr. Barrow,

Ordered , That Benjamin, Ballard have leave to withdraw his petition and papers.

On motion by Mr. Upham,

Ordered , That Nathaniel Stafford have leave to withdraw the documents relating to his claim on the files of the Senate.

On motion by Mr. Archer,

Ordered , That the president and professors of William and Mary College have leave to withdraw their petition.

On motion by Mr. Archer,

Ordered , That the administrator of Isaac Garretson have leave to withdraw his memorial.

Mr. Upham submitted the following resolutions; which were considered, by unanimous consent, and agreed to:

Resolved , That the Committee on Military Affairs be instructed to inquire into the expediency of so amending the act entitled “An act to regulate the pay of the army when on fatigue duty,” approved March 2, 1819, as to allow the non-commissioned officers, musicians, and privates of the army employed on constant labor at work on fortifications, cutting roads, &c., eighteen cents per day, in lieu of fifteen cents and an extra gill of spirits, now allowed by said act.

Resolved , That said committee be further instructed to inquire into the expediency of authorizing the commanding officer of a permanent fort or garrison to administer the oath required by law to a recruit on his enlisting, or a soldier on re-enlisting, into the service of the United States.

Mr. Bright reported from the committee that they had examined and found duly enrolled the resolution (H. R. 4) relative to the printing and distribution of the annual estimates.

A message from the House of Representatives, by Mr. French, 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 Vice President signed the enrolled resolution last reported to have been examined, and it was delivered to the committee to be presented to the President of the United States.

Mr. Lewis, from the Committee on Patents and the Patent Office, to whom was referred the petition of James Bogardus, reported a bill (S. 33) for his relief: 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. Niles, from the Committee on the Contingent Expenses of the Senate, to whom was referred a resolution, submitted by Mr. John M. Clayton, relating to the printing for the Senate, reported a resolution (S. R. 3) regulating the printing of Congress, and establishing the compensation of the same: which was read, and passed to the second reading.

Mr. Niles, from the Committee on the Post Office and Post Roads, to 0085 85 whom the subject was referred, reported a bill (S. 34) establishing certain post routes: which was read, and passed to the second reading.

Agreeably to notice, Mr. Breese asked and obtained leave to bring in a bill (S. 35) authorizing persons to whom reservations of land have been made under Indian treaties, to alienate the same in fee: which was read the first and second times, by unanimous consent, and referred to the Committee on Indian Affairs.

Agreeably to notice, Mr. Ashley asked and obtained leave to bring in a bill (S. 36) for the relief of David F. Williamson, of Pope county, State of Arkansas: which was read the first and second times, by unanimous consent, and referred to the Committee on Public Lands.

On motion,

The Senate adjourned.

TUESDAY, January 6, 1846. Link to Annals.

Mr. Johnson, of Louisiana, presented the petition of Francis Summeraner, praying a pension for disabilities contracted in the military service of the United States: which was referred to the Committee on Pensions.

Mr. Jarnagin presented the petition of Preston Starritt and others, praying the passage of a law authorizing the appointment of a board of commissioners to adjudicate the claims arising under the Cherokee treaty of 1835'–6: which was referred to the Committee on Indian Affairs.

Mr. John M. Clayton presented a memorial of citizens of Pennsylvania, praying the erection of a light-house on the Brandywine shoals, in the Delaware river: which was retorted to the Committee on Commerce.

Mr. Johnson, of Maryland, presented the memorial of John L. Worden, a passed midshipman in the navy, praying compensation for the performance of duties appertaining to officers of a higher grade: which was referred to the Committee on Naval Affairs.

Mr. Archer presented the petition of Jane Heyl, widow of Christopher Heyl, deceased, late a soldier in the army of the United States, praying a pension: which was referred to the Committee on Pensions.

On motion by Mr. Jenness,

Ordered , That the petition of Pearson Cogswell, on the files of the Senate, be referred to the Committee on the Judiciary.

On motion by Mr. Archer,

Ordered , That the petition of Robert Mayo, legal representative George Mayo, on the files of the Senate, be referred to the Committee of Claims.

On motion by Mr. Fairfield,

Ordered , That the petition of Nathaniel Phillips, on the files of the Senate, be referred to the Committee on Naval Affairs.

On motion by Mr. Bright,

Ordered , That the petition of the executor of Henry King, deceased, on the files of the be referred to Senate,the Committee on Revolutionary Claims.

On motion by Mr. Davis,

Ordered , That the petition of Asa Andrews, on the files of the Senate, be referred to the Committee on the Judiciary.

Mr. Allen submitted the following resolution for consideration:

Resolved , That the Secretary of the Senate cause to be prepared, for the 0086 86 use of the Senate, ten thousand copies of the map of the Oregon Territory, compiled by the United States exploring expedition; provided said maps all not cost more than ten dollars per hundred.

Mr. Breese 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 all the information in his department, relating to the mineral lands in the State of Illinois, south of the base line, and east of the third principal meridian; together with the number of leases or permits to work the same, and the amount of rents, if any, received therefrom.

Mr. Speight 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 erecting light-houses at the following points on the coast of Mississippi: one on St. Joseph's island; one on Merrill's shell bank; one at Mississippi city, opposite John J. McCough's dwelling-house, and one at or near Beloxi.

Mr. Bagby, from the Committee of Claims, submitted the following resolution; which was considered, by unanimous consent, and agreed to:

Resolved , That the Committee of Claims be, and they are hereby, authorized to employ a clerk at a rate of compensation not exceeding four dollars per day.

Mr. Woodbridge 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, relating to the mineral regions of lake Superior, as may remain in the Department of War; the nature and extent of the control exercised by the Secretary of War or the department, in relation to the same; the number and character of the permits and leases supposed to have been issued to occupiers of, or applicants for, any of such mineral lands, together with the number of applications for such permits, &c. which have been denied. And that he report also to the Senate a statement of such inconveniences or defects as may have been practically experienced in the, management of said lands, together with his opinion of the best mode, by legislation or otherwise, of obviating the defects of the present system.

Mr. Cameron, from the Committee on Public Buildings, reported a resolution (S. R. 4) appropriating a portion of the public ground, in the city of Washington, for the erection of a monument to George Washington: which was read, and passed to the second reading.

Mr. Sevier, from the Committee on Foreign Relations, reported a bill (S. 37) to pay the debt ascertained to be due to Texas, when an independent State, by the United States: which was read, and passed to the second reading.

Mr. Sevier submitted documents relating to the same: which were ordered to be printed.

Mr. Ashley, from the Committee on Public Lands, to whom was referred a bill (S. 36) for the relief of David F. Williamson, of Pope county, State of Arkansas, reported it without amendment, and submitted a report on the subject: which was ordered to be printed.

Mr. Clayton, from the Committee of Claims, to whom was referred the 0087 87 petition of Nathaniel Goddard and others, submitted a report, accompanied by a bill (S. 38) for his relief.

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

Ordered , That the report be printed.

Mr. Evans, agreeably to notice, asked and obtained leave to bring in a bill (S. 39) granting a pension to Noah Connor: which was read the first and second times, by unanimous consent, and, with the accompanying documents, referred to the Committee on Pensions.

The resolution (S. 3) regulating the printing of Congress, and establishing the compensation of the same, was read the second time, and considered as in Committee of the Whole.

On motion by Mr. John M. Clayton,

Ordered , That it be recommitted to the Committee on the Contingent Expenses of the Senate.

The following written message was received from the President of the United States, by Mr. Walker his secretary:

To the Senate of the United States:

I communicate to the Senate the information called for by their resolution of December 31, 1845, “requesting the President to cruise to be communicated to the Senate copies of the correspondence between the Attorney General and the Solicitor of the Treasury, and the judicial officers of Florida, in relation to the authority of the territorial judges as federal judges since the 3d of March, 1845,”

JAMES K. POLK.

Washington , January 6, 1846.

The message was read.

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

The Vice President laid before the Senate a report of the Secretary of the Senate, made in compliance with the eleventh section of the act of the 26th of August, 1842, showing the persons employed, during the year 1845, in the office of the Secretary of the Senate, and the amount paid to each: which was read, and ordered to be printed.

Mr. Hannegan having, on his motion, been excused from serving on the Committee on Revolutionary Claims:

On motion by Mr. Hannegan,

Ordered , That a member be appointed by the Vice President to supply the vacancy: and

Mr. Bright was appointed.

On motion,

Mr. Greene was excused from serving on the Committee on Enrolled Bills.

After the consideration of Executive business,

The Senate adjourned.

WEDNESDAY, January 7, 1846. Link to Annals.

The Vice President laid before the Senate a report of the Secretary for the Department of War, exhibiting, agreeably to law, the contracts made under the authority of that department during the year 1845: which was read.

0088 88

Mr. Benton presented a memorial of officers of the army of the United States, praying the legislation of Congress on the subject of brevet and staff rank in the army: which was referred to the Committee on Military Affairs.

Mr. Johnson, of Maryland, presented a memorial of pilots of Baltimore, Maryland, praying the repeal of the act of March 2, 1837, concerning pilots: which was referred to the Committee on Commerce.

Mr. Johnson, of Maryland, presented the petition of Joseph H. Bradley and others, citizens of Washington, in the District of Columbia, praying an extension of the powers of the orphans' court of said District: which was referred to the Committee on the District of Columbia.

Mr. Bagby submitted additional documents in relation to the petition of Amos Holton: which were referred to the Committee of Claims.

Mr. Bagby presented the memorial of Blair & Rives, praying compensation for printing the compendium of the Sixth Census: which was referred to the Committee of Claims.

Mr. Dix presented the memorial of John B. Walbach, praying compensation for services as aid-de-camp to General Wilkinson in 1801, and the reimbursement of his expenses and losses while acting in that capacity: which was referred to the Committee on Military Affairs.

Mr. Woodbridge presented the petition of forwarding merchants, and owners and masters of steamboats on lake Michigan, praying the construction of a harbor at the month of the Sheboygan river: which was referred to the Committee on Commerce.

Mr. Woodbridge presented a petition of citizens of New York, praying the construction of a harbor at the mouth of the Sheboygan river: which was referred to the Committee on Commerce.

Mr. Davis presented the memorial of the heirs of Gilbert Dench, praying indemnity for the depreciation of the currency in which he was paid for his services in the revolutionary war: which was referred to the Committee on Revolutionary Claims.

Mr. Bagby was, on his motion, excused from serving on the Committee of Claims.

Mr. Calhoun having, on his motion, been excused from serving on the Committee on Finance:

On motion by Mr. Lewis,

Ordered , That a member be appointed by the President of the Senate to fill the vacancy in the Committee on Finance: and

Mr. Speight was appointed.

The Vice President laid before the Senate a report of the Commissioner of Public Buildings, exhibiting, agreeably to law, the disbursement of the sums appropriated for the public buildings and grounds in the city of Washington, during the year 1845: which was read, and ordered to be printed.

The Vice President laid before the Senate a report of the Secretary of the Treasury, communicating, in compliance with a resolution of the Senate, information in regard to the expediency of erecting a light on the stone pier, in the river Delaware, near Fort Mifflin: which was read, referred to the Committee on Commerce, and ordered to be printed.

A message from the House of Representatives, by Mr. French their Clerk:

Mr. President: The House of Representatives have passed a resolution 0089 89 (H. R. 6) authorizing the erection, on the public grounds in the city of Washington, of a monument to George Washington; in which they request the concurrence of the Senate.

Mr. Benton, from the Committee on Military Affairs, to whom was referred the bill (S. 23) for the relief of Mary MacRea, widow of Colonel William MacRea, late of the United States army, reported it without amendment.

Mr. Benton also submitted a report on the subject: which was ordered to be printed.

Mr. Niles, from the Committee on the Contingent Expenses of the Senate, to whom was recommitted the resolution (S. 3) regulating the printing of Congress, and establishing the compensation of the same, reported it with all amendment.

Mr. Bright, from the Committee on Enrolled Bills, reported that they yesterday presented to the President of the United States the joint resolution (H. R. 4) relative to the printing and distribution of the annual estimates.

Mr. Ashley, from the Committee on the Judiciary, to whom was referred the bill (S. 10) to authorize the Secretary of the Treasury to make an arrangement or compromise with Mangle M. Quackenboss, and his co-obligors, or any of them, for claims on bonds given by them as sureties to the United States, reported it without amendment.

The Senate proceeded to consider the resolution submitted yesterday by Mr. Allen, directing certain copies to be prepared of the map of Oregon: and the resolution was agreed to.

The bill (S. 33) for the relief of James Bogardus, having been reported by the committee correctly engrossed, was read a third time.

Resolved , That this bill pass, and that the title thereof be “An act for the relief of James Bogardus.”

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

The bill (S. 29) to provide for raising a regiment of mounted riflemen, was read the second time, and considered as in Committee of the Whole; and having been amended, and the blanks filled, the bill was reported to the Senate, and the amendments were 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. 25) for the settlement of the claims of New Hampshire against the United States.

On motion by Mr. Phelps,

Ordered , That the further consideration thereof be postponed to Monday, the 12th instant.

The bill (S. 34) establishing certain post routes, was read the second time, and considered as in Committee of the Whole.

On motion by Mr. Jarnagin,

Ordered , That it be recommitted to the Committee on the Post Office and Post Roads.

The resolution (S. 4) appropriating a portion of the public ground in the city of Washington, tar a monument to George Washington, was read the second time, and considered as in Committee of the Whole.

On motion by Mr. Crittenden,

Ordered , That it lie on the table.

The Senate proceeded to consider, as in Committee of the Whole, the 0090 90 resolution (S. 3) regulating the printing of Congress, and establishing the compensation of the same, together with the amendment reported thereto; and having been amended, it was reported to the Senate, and the amendment was concurred in.

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

The Senate proceeded to consider, as in Committee of the Whole, the bill (S. 9) for the continuation of the Cumberland read in the States of Ohio, Indiana, and Illinois: and,

On motion by Mr. Dayton,

Ordered , That the further consideration thereof be postponed to Wednesday, the 21st instant.

After the consideration of Executive business,

The Senate adjourned.

THURSDAY, January 8, 1846. Link to Annals.

Mr. Pearce presented the petition of Mary Williams, praying compensation for property destroyed by the Seminole Indians, in consequence of its military occupation by the troops of the United States: which was referred to the Committee of Claims.

Mr. Dix presented the memorial of Jonathan Thompson, praying the reimbursement of certain moneys illegally charged against him in the settlement of his accounts as collector of the port of knew York: which was referred to the Committee on Finance.

Mr. Dix presented the memorial of Hugh Munro McLean, praying the payment of certain outstanding loan of office certificates: which was referred to the Committee on Finance.

Mr. Haywood presented the memorial of Sally Bass, daughter and heir of Charles Pasteur, deceased, late a surgeon in the revolutionary army, praying to be allowed commutation pay, and compensation for the loss of his medical stores at the battle of Camden: which, with her petition on the files of the Senate, was referred to the Committee on Revolutionary Claims.

Mr. Sevier presented a resolution passed by the legislature of the State of Arkansas, instructing the Senators and requesting the Representative of that State in Congress to use their influence to procure the passage of a law authorizing the appropriation of the lands heretofore granted to that State for a seminary of learning, to the purposes of common schools: which was referred to the Committee on Public Lands, and ordered to be printed.

Mr. Sevier presented a resolution passed by the legislature of the State of Arkansas, in favor of a reduction of the rates of postage: which was referred to the Committee on the Post office and Post Roads, and ordered to be printed.

Mr. Sevier presented resolutions passed by the legislature of the State of Arkansas, in favor of a law securing to settlers on lands covered by confirmed Spanish or French grants, their rights of pre-emption to those lands, and authorizing the proprietors of those grants to locate other lands in lieu thereof, and also confirming the innocent purchasers of lands commonly called “Bowie claims” in their titles: which were referred to the Committee on Public Lands, and ordered to be printed.

Mr. Sevier presented a resolution passed by the legislature of the State of Arkansas, opposed to the distribution of the proceeds of the sales of the 0091 91 public lands among the several States of the Union: which was ordered to be printed.

Mr. Sevier presented resolutions passed by the legislature of the State of Arkansas, instructing the Senators and requesting the Representative of that State in Congress to oppose the establishment of a national bank; and expressing their opposition to any system of internal improvement unless of a purely national character; and also urging the modification or repeal of the existing tariff: which were ordered to be printed.

Mr. Sevier presented a resolution passed by the legislature of the State of Arkansas, in favor of the establishment of a mail route from Little Rock to Fort Smith, a mail route from Perryville to Park's post office, a mail route from Benton to Perryville, and a mail route from Benton to Warren, in that State: which was referred to the Committee on the Post Office and Post Roads, and ordered to be printed.

Mr. Sevier presented a resolution passed by the legislature of the State of Arkansas, in favor of the passage of a law authorizing sales of the public lands in half-quarter sections to actual settlers: which was referred to the Committee on Public Lands, and ordered to be printed.

Mr. Bagby presented a memorial of members of the bar of Washington, in the District of Columbia, praying the repeal of the law requiring one of the judges of the circuit court for the District of Columbia to reside in the county of Alexandria: which was referred to the Committee on the Judiciary.

Mr. Dix presented a petition of merchants of the city of New York, praying an amendment of the law regulating the practice in the admiralty courts in the prosecution of suits for the collection of seamen's wages: which was referred to the Committee on the Judiciary.

On motion by Mr. Haywood,

Ordered , That the memorials of William H. Thomas, the petition of a number of citizens of North Carolina relative to the appointment of commissioners under the Cherokee treaty of 1835–'6, and the documents relating to the claim of A. R. S. Hunter, on the files of the Senate, be severally referred to the Committee on Indian Affairs.

On motion by Mr. Niles,

Ordered , That the petition of Walter Loomis and Abel Gray, on the files of the Senate, be referred to the Committee of Claims.

On motion by Mr. Corwin,

Ordered , That the memorial of the representatives of William A. Slacum, on the flies of the Senate, be referred to the Committee on Foreign Relations.

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

Resolved , That the Secretary of the Senate procure, and place in the room of the Committee on Foreign Relations, for the use of the committee, a connected series of general maps, a set of globes, and such books as the committee may direct; and pay for them out of the contingent fund of the Senate, provided the expenditure for this purpose shall not exceed five hundred dollars.

Mr. Allen, from the Committee on Foreign Relations, to whom was referred a joint resolution (S. R. 1) advising the President of the United State to give notice to the government of Great Britain that the government of the United States will, in virtue of the second article of the convention of the 6th of August A. D. 1827, between the two governments, relative 0092 92 to the Oregon Territory, annul and abrogate that convention, reported it with an amendment.

On motion by Mr. Jarnagin,

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

On motion by Mr. Pennybacker,

Ordered , That a member be appointed by the Vice President to supply the vacancy in the Committee of Claims: and

Mr. Dickinson was appointed.

The joint resolution (H. R. 6) authorizing the erection, on the public grounds in the city of Washington, of a monument to George Washington, was read the first and second times, by unanimous consent.

Ordered , That it be referred to the Committee on the District of Columbia.

The bill (S. 29) to provide for raising a regiment of mounted riflemen, having been reported by the committee correctly engrossed, was read a third time, and the title was amended.

Resolved , That this bill pass, and that the title thereof be “An act to provide for raising a regiment of mounted riflemen, and for establishing military stations on the route to Oregon.”

Ordered , That the Secretary request the concurrence of the House of Representatives in this bill.

The joint resolution (S. 3) regulating the printing of Congress, and establishing the compensation for the same, having been reported by the committee correctly engrossed, was read a third time.

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

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

The bill (S. 37) to pay the debt ascertained to be due to Texas, when an independent State, by the United States, was read the second time, and considered as in Committee of the Whole.

On motion by Mr. Evans,

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

Mr. Sevier submitted documents in relation to the said bill: which were ordered to be printed.

The Senate proceeded to consider, as in Committee of the Whole, the bill (S. 36) for the relief of David F. Williamson, of Pope county, State of Arkansas; and no amendment being made, it was reported to the Senate.

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

After the consideration of Executive business,

The Senate adjourned.

MONDAY, January 12, 1846. Link to Annals.

The Vice President laid before the Senate a report of the Secretary of War, made agreeably to law, exhibiting the expenditures made from the appropriation for the contingent expenses of the military establishment during the year 1845: which was read, referred to the Committee on Military AfFairs, and ordered to be printed.

The Vice President laid before the Senate a report of the Secretary of War, made agreeably to law, exhibiting the names of the clerks and other 0093 93 persons, other than officers of the army, employed in all the branches of that department during the year 1845: which was read, and referred to the Committee on Military Affairs.

Mr. Hannegan presented a resolution passed by the legislature of the State of Indiana, in favor of the passage of a law providing for the payment of the claims of the representatives of Francis Vigo, deceased, for advances to the troops under the command of General George Rogers Clarke in the years 1778 and 1779: which was referred to the Committee on Revolutionary Claims.

Mr. Calhoun presented the proceedings of a meeting of citizens of Georgetown, South Carolina, in favor of repealing the tariff act of 1842, and of establishing the warehouse system: which were referred to the Committee on Finance.

Mr. Breese presented the petition of Joseph Wilson, a purser in the navy, praying to be released from responsibility for public money deposited in a banking institution which suspended specie payments: which was referred to the Committee on Naval Affairs.

Mr. Breese submitted additional documents in relation to the petition of Emeline Owens: which were referred to the Committee on Military Affairs.

Mr. Dix presented the petition of the executors of Jethro Wood, deceased, praying the renewal of a patent right for certain improvements in the plough: which was referred to the Committee on Patents and the Patent Office, and ordered to be printed.

Mr. Dix presented the petition of Elizabeth Hamilton, widow of Alexander Hamilton, deceased, praying the aid of Congress in the publication of certain papers of her late husband: which was referred to the Committee on the Library, and ordered to be printed.

Mr. Davis presented the petition of Angler M. Perkins, praying an extension of his patent for heating buildings and evaporating fluids: which was referred to the Committee on Patents and the Patent Office.

Mr. Davis presented a petition of citizens of the State of Illinois, remonstrating against the admission of Texas into the Union with a constitution tolerating slavery.

Ordered , That it lie on the table.

Mr. Dickinson presented a petition of citizens of New York, remonstrating against the admission of Texas into the Union with a constitution tolerating slavery.

Ordered , That it lie on the table.

Mr. Dickinson presented a petition of citizens of New York, praying the removal of obstructions in the harbor of that city: which was referred to the Committee on Naval Affairs.

Mr. Sturgeon submitted documents in relation to the claim of Andrew Moore, a captain in the last war with Great Britain, to a pension: which were referred to the Committee on Pensions.

Mr. Turney presented the petition of Elizabeth A. Sevier, widow of Alexander G. Sevier, deceased, late an officer in the United States marine corps, praying to be allowed arrears of pension: which was referred to the Committee on Pensions.

Mr. Cameron presented a memorial of citizens of Pennsylvania, praying the erection, of a light-house on the Brandywine shoals, in the Delaware river: which was referred to the Committee on Commerce.

0094 94

Mr. Bright presented resolutions passed by the legislature of the State of Indiana, in favor of an appropriation for improving the navigation of the western rivers: which were referred to the Committee on Roads and Canals, and ordered to be printed.

Mr. Bright presented a resolution passed by the legislature of the State of Indiana, in favor of the passage of a law granting pre-emption rights to the settlers on the Miami reserve, in that State: which was referred to the Committee on Public Lands.

Mr. Johnson, of Louisiana, presented the petition of the heirs and legal representatives of Charles C. B. Thompson, deceased, praying compensation for his diplomatic services, near the governments of Chili and Peru, while in command of the United States squadron on the Pacific station: which was referred to the Committee on Foreign Relations.

Mr. Johnson, of Louisiana, presented the petition of William Pumphrey, praying the confirmation of his title to a tract of land in Louisiana: which was referred to the Committee on Private Land Claims.

Mr. Dix presented the petition of W. B. Bend, praying the repayment of certain duties alleged to have been illegally exacted by the collector of the port of New York: which was referred to the Committee on Finance.

The Vice President laid before the Senate a petition of citizens of Ohio, praying that the Senators and Representatives from the State of Texas may not be admitted to seats in the halls of Congress.

Ordered , That it lie on the table.

Mr. Pennybacker presented the memorial of the legal representatives of Moses Shepherd, deceased, praying compensation for work on the Cumberland road: which was referred to the Committee on Roads and Canals.

On motion by Mr. Webster,

Ordered , That the memorial of Henry Newman, on the files of the Senate, be referred to the Committee on Public Lands.

On motion by Mr. Breese,

Ordered , That the documents on the files of the Senate, relating to the claim of the heirs of Antoine Peltier, deceased, be referred to the Committee on Revolutionary Claims.

On motion by Mr. Crittenden,

Ordered , That the memorial in behalf of Francis A. Harrison, on the files of the Senate, be referred to the Committee on the Post Office and Post Roads.

On motion by Mr. Westcott,

Ordered , That the Secretary of the Senate, in future, use the surname of Yulee in the journals, as the name of the Senator from Florida, heretofore called David Levy; his name having been changed, by act of the legislature of Florida, to that of David Levy Yulee.

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

Resolved , That the Committee on Finance be allowed a clerk, to be paid the usual compensation by the Secretary, out of the contingent fired of the Senate.

Mr. Yulee submitted the following resolutions; which were considered, by unanimous consent, and agreed to:

Resolved , That the Committee on Naval Affairs be instructed to make inquiry as to the various late improvements in the construction of war steamers; and particularly to examine into the advantages of the late 0095 95 improvements made by Lieutenant Hunter in his submerged horizontal propellers, and the adaptation of his plan of propulsion and construction for cruising and defensive purposes.

Resolved, further , That the same committee examine into the condition of the naval defences of the gulf of Mexico, and report what further legislation is required to give full security to the American coast and commerce of that sea.

Mr. Johnson, of Louisiana, 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 modifying an act entitled “An act to establish the judicial courts of the United States,” approved September 24, 1789, and of the different acts supplementary thereto, so as to relieve the judges of the Supreme Court from the performance of circuit duties, and to reduce the number of said judges; or into the expediency of modifying the said acts so as to provide for a new circuit, to be composed of the States of Louisiana and Texas.

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

Resolved , That the Committee on Finance be instructed to inquire into the expediency of so far amending the seventh section of the “Act making appropriations for the civil and diplomatic expenses of government for the fiscal year ending the 30th day of June, 1845, and for other purposes,” approved June 17, 1844, as to permit the appointment of such officers as may be necessary to protect the revenue on the northern and lake frontier.

A message from the House of Representatives, by Mr. French, their Clerk:

Mr. President: The House of Representatives have passed the bill from the Senate (S. 26) to continue the office of the Commissioner of Pensions: also, the bill (S. 33) for the relief of James Bogardus.

They have passed a bill (H. R. 20) to legalize certain land sales made at Chocchuma and Columbus, in the State of Mississippi, and to indemnify the Chickasaws therefor: in which they request the concurrence of the Senate.

The President of the United States approved and signed, the 7th instant, a joint resolution (No. 4) relative to the printing and distribution of the annual estimates.

The Speaker of the House of Representatives having signed an enrolled bill, (S. 22,) I am directed to bring it to the Senate for the signature of their President.

Mr. Jarnagin reported from the committee that they had examined and found duly enrolled the bill (S. 22) to repeal the act which abolishes the office of one of the inspectors general of the army, and to revive and establish said office.

The Vice President signed the enrolled bill last reported to have been examined; and it was delivered to the committee to be presented to the President of the United States.

The Vice President laid before the Senate a memorial of Joshua Dodge, praying additional compensation for services and expenses as special agent of the United States to certain European governments, in relation to duties imposed by them on American tobacco: which was referred to the Committee on Foreign Relations.

On motion by Mr. Benton,

Ordered , That the Committee on Finance be discharged from the further 0096 96 consideration of the memorial of Frederick Vincent, and that it be referred to the Committee of Claims.

Mr. Sevier, from the Committee on Indian Affairs, to whom the subject was referred, reported a bill (S. 40) for the relief of the legal representatives of George Duval, a Cherokee Indian: which was read, and passed to the second reading.

Mr. Fairfield, from the Committee on Naval Affairs, reported a bill (S. 41)providing for an augmentation of the naval force of the United States, and for other purposes: which was read, and passed to the second reading.

Mr. Ashley, from the Committee on Public Lands, to whom the subject was referred, reported a bill (S. 42) to repeal a part of the act entitled “An act supplementary to the several laws for the sale of the public lands, approved 5th April, 1832, and for other purposes:” which was read, and passed to the second reading.

Mr. Atchison, from the Committee on Indian Affairs, to whom was referred the petition of Elijah White, reported a bill (S. 43) for his relief: which was read, and passed to the second reading.

Mr. Bagby, from the Committee on Indian Affairs, to whom was referred the petition of Catlin, Peoples, and Company, submitted an adverse report: which was ordered to be printed.

Mr. Speight, from the Committee on Public Lands, to whom was referred the bill (S. 19) to aid the State of Mississippi in the construction of a railroad from Jackson, through Brandon, to the western boundary of Alabama, reported it without amendment.

Mr. Speight also submitted a report on the subject: which was ordered to be printed.

Mr. Niles, from the Committee on the Post Office and Post Roads, to whom was referred a bill (S. 34) establishing certain post routes, reported it with amendments.

The bill (H. R. 20) to legalize certain land sales made at Chocchuma and Columbus, in the State of Mississippi, and to indemnify the Chickasaws therefor, 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 (S. 1) advising the President of the United States to give notice to the government of Great Britain that the government of the United States will, in virtue of the second article of the convention of the 6th of August, A. D. 1827, between the two governments, relative to the Oregon Territory, annual and abrogate that convention.

On motion by Mr. Allen, that the further consideration thereof be postponed to, and made the order of the day for Tuesday, the 27th instant:

A motion was made by Mr. Westcott, that it be postponed to, and made the order of the day for Tuesday, the 10th of February next.

And the question being put on the motion of Mr. Westcott,

It was determined in the affirmative,

Yeas, 32

Nays, 18

On motion,

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

Those who voted in the affirmative, are,

Messrs. Archer, Barrow, Benton, Berrien, Calhoun, Chalmers, Thomas Clayton, John M. Clayton, Colquitt, Corwin, Crittenden, Davis, Dayton, 0097 97 Evans, Greene, Haywood, Jarnagin, Johnson, of Maryland, Johnson, of Louisiana, Lewis, McDuffie, Mangum, Miller, Pearce, Pennybacker, Phelps, Speight, Upham, Webster, Westcott, Woodbridge, Yulee.

Those who voted in the negative, are,

Messrs. Allen, Ashley, Atchison, Atherton, Breese, Bright, Cameron, Cass, Dickinson, Dix, Fairfield, Hannegan, Jenness, Niles, Semple, Sevier, Sturgeon, Turney.

So it was

Ordered , That the further consideration thereof be postponed to, and made the order of the day for Tuesday, the 10th of February next.

The Senate resumed the consideration of the resolutions submitted by Mr. Hannegan the 29th December, in relation to the Oregon Territory, with the amendment proposed thereto by Mr. Calhoun: and,

On motion by Mr. Hannegan,

Ordered , That the further consideration thereof he postponed to, and made the order of the day for Tuesday, the 10th of February next.

The Senate proceeded to consider, as in Committee of the Whole, the bill (S. 4) to apply certain alternate sections of the public domain towards the completion of works of internal improvement in the State of Michigan, and for other purposes: and,

On motion by Mr. Speight,

Ordered , That the further consideration thereof be postponed to, and made the order of the day for Thursday, the 15th instant.

The Senate proceeded to consider, as in Committee of the Whole, the bill (S. 25) for the settlement of the claims of New Hampshire against the United States.

On motion by Mr. Davis,

Ordered , That the further consideration thereof be postponed to Monday, the 19th instant.

The bill (S. 36) for the relief of David F. Williamson, of Pope county, State of Arkansas, having been reported by the committee correctly engrossed, was read a 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. Turney, to be excused from serving on the Committee of Claims:

On motion by Mr. Sevier,

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

After the consideration of Executive business,

The Senate adjourned.

TUESDAY, January 13, 1846. Link to Annals.

The Vice President laid before the Senate a report of the Secretary of War, made in compliance with a resolution of the Senate, communicating information relating to certain mineral lands in the State of Illinois: which was read.

Mr. Bright reported from the committee that they had examined and found duly enrolled the bill (S. 26) to continue the office of the Commissioner of Pensions; also, the bill (S. 33) for the relief of James Bogardus. 7

0098 98

Mr. Cass presented the memorial of the National Institute for the Promotion of Science, praying that an appropriation may be made for defraying the expenses incident to the custody and preservation of the public property committed to their charge: which was referred to the Committee on the Library.

Mr. Cass presented a petition of citizens of Michigan, remonstrating against the admission of Texas into the Union with a constitution tolerating slavery.

Ordered , That it lie on the table.

Mr. Cass presented the petition of Deliverance Slasson, a revolutionary soldier, praying an increase of his pension: which was referred to the Committee on Pensions.

Mr. Webster presented a memorial of citizens of Pittsburg, Pennsylvania, praying that States hereafter applying for admission into the Union may be required by law to make a declaration of their assent to certain principles embodied in the Declaration of Independence.

Ordered , That it lie on the table.

Mr. Johnson, of Maryland, presented the petition of Hector Perkins, a soldier in the last war with Great Britain, praying to be allowed arrears of pension: which was referred to the Committee on Pensions.

Mr. Greene presented the petition of James Updike, an officer in the revolutionary army, praying a pension: which was referred to the Committee on Pensions.

Mr. Huntington presented the petition of Simeon Hubbard, legal representative of Cooper Polyreen, a musician in the revolutionary army, praying that he may be allowed bounty land: which was referred to the Committee on Revolutionary Claims.

Mr. Phelps presented a resolution passed by the legislature of the State of Vermont, instructing the Senators and requesting the Representatives of that State in Congress to use their exertions to obtain authority from the government for the delivery to the authorities of the State of the cannon taken front the enemy at the battle of Bennington in 1777: which was referred to the Committee on Military Affairs.

Mr. Allen presented the memorial of Cadwallader Wallace, praying compensation for certain outstanding Virginia military bounty land warrants: which was referred to the Committee on Public Lands, and ordered to be printed.

Mr. Simmons presented the memorial of William R. B. Gale, praying compensation for his services as bearer of despatches from the American consulate at Tunis to the United States: which was referred to the Committee on Foreign Relations.

Mr. Benton submitted a document relating to the affairs of the Washing ton Monument Society: which was referred to the Committee on the District of Columbia.

Mr. Dayton submitted a communication from the Secretary of the Washington Monument Society, explanatory of its transactions: which was referred to the Committee on the District of Columbia.

On motion by Mr. Johnson, of Maryland,

Ordered , That the petition of William Morrow, on the files of the Senate, be referred to the Committee of Claims.

Mr. Speight, from the Committee on Public Lands, reported the following resolution; which was read:

0099 99

Resolved , That the Secretary of the Treasury be directed to cause an examination to be made of the public lands subject to the overflow of the Mississippi river, between Memphis and Vicksburg, with an estimate of the probable amount required to protect them from such overflow, and the quantity of lands which will thereby become saleable, and report a plan for such protection, if practicable, at the present session of Congress, or at an early day of the next session.

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

Resolved , That the Committee on the Post Office and Post Roads be instructed to inquire whether any and what legislation by Congress is necessary to enforce the provision of the act approved 3d March, 1845, establishing a post route between the cities of Savannah, in the State of Georgia, and Charleston, in the State of South Carolina, by sea.

Mr. Bagby 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 of the balance of certain claims ascertained and reported by the then agent to be due to certain persons for losses sustained during the Creek war.

On motion by Mr. Allen,

Ordered , That the Committee on Foreign Relations be discharged from the further consideration of the petition of citizens of Easton, Pennsylvania, presented the 18th December.

On motion by Mr. Speight,

Ordered , That the Committee on Military Affairs be discharged from the further consideration of the report of the Secretary of War, communicated the 12th instant.

Mr. Phelps submitted the following resolution:

Resolved , That the message of the President of the United States, Communicated to the Senate the 13th September, 1841, in answer to a resolution of that body, with copies of the correspondence touching the origin, progress, and conclusion of the late convention between the United States and the kingdom of Sardinia, be printed.

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

On motion by Mr. Phelps,

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

Agreeably to notice, Mr. Turney asked and obtained leave to bring in a bill (S. 44) to establish a national armory at the Suck, on the Tennessee river; in the State of Tennessee: which was read, and passed to the seemed reading.

Agreeably to notice, Mr. Benton asked and obtained leave to bring in a bill (S. 45) to repeal the acts laying a duty on imported salt, and granting certain fishing bounties and allowances to fishing vessels, in lieu of a drawback of the duties paid on the foreign salt used on fish exported: which was read the first and second times, by unanimous consent, and referred to the Committee on Finance.

Mr. Pennybacker, from the Committee of Claims, to whom was referred the bill (S. 7) for the relief of the legal representatives of Pierre Menard, Josiah T. Betts, Jacob Feaman, and Edmund Roberts, of the State of Illinois, sureties of Felix St. Vrain, late Indian agent deceased, reported 0100 100 it with an amendment, and submitted a special report on the subject: which was ordered to be printed.

Mr. Cameron, from the Committee on Naval Affairs, to whom was referred the petition of David D. Porter, in behalf of Evelina Porter, submitted an adverse report: which was ordered to be printed.

Mr. Pennybacker, from the Committee of Claims, to whom was referred the bill (S. 18) for the relief of the legal representatives of William D. Cheever, deceased, reported it without amendment, and submitted a report on the subject: which was ordered to be printed.

The Senate proceeded to consider, as in Committee of the Whole, the bill (S. 23) for the relief of Mary MacRea, widow of Lieutenant Colonel William MacRea, late of the United States army, deceased: and,

On motion by Mr. Sevier,

Ordered , That the further consideration thereof be postponed to Thursday, the 15th instant.

Mr. Bright reported from the committee that they had presented to the President of the United States the bill (S. 22) to repeal the act which abolished the office of one of the inspectors general of the army, and to revive and establish said office.

A message from the House of Representatives, by Mr. French, 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 Vice President signed the two enrolled bills (S. 26 and 33) this day reported to have been examined; and they were delivered to the committee to be presented to the President of the United States.

A message from the President of the United States, by Mr. Walker, his secretary:

Mr. President: The President of the United States approved and signed the 12th instant “An act to repeal the act which abolishes the office of one of the inspectors general of the army, and to revive and establish said office.”

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

After the consideration of Executive business,

The Senate adjourned.

WEDNESDAY, January 14, 1846. Link to Annals.

The Vice President laid before the Senate an additional communication in relation to the memorial of officers of the army on the subject of brevet and staff rank: which was referred to the Committee on Military Affairs.

Mr. Sevier presented a memorial of the chiefs of the Seneca nation of Indians, praying that the annuities falling due under treaties with the United States may be paid to them from the treasury of the United States, without the intervention of agents of the government: which was referred to the Committee on Indian Affairs.

Mr. Sevier presented a memorial of the chiefs of the Seneca nation of Indians, praying that authority may be conferred upon the trustees of certain funds invested for their benefit, to transfer said funds to the United States, 0101 101 for the better security of their annuities: which was referred to the Committee on Indian Affairs.

Mr. Sevier presented a memorial of the Seneca nation of Indians, praying that the United States will secure the payment of the full amount of their annuity under the treaty of 1842: which was referred to the Committee on Indian Affairs.

Mr. Dayton presented a petition of citizens of New Jersey, remonstrating against the admission of Texas into the Union with a constitution tolerating slavery.

Ordered , That it lie on the table.

Mr. Fairfield presented a petition of citizens of York, Maine, praying indemnity for French spoliations prior to 1800: which was referred to the Select Committee appointed on that subject.

Mr. Fairfield presented the petition of Jemima Flood, widow of a deceased revolutionary soldier, praying a pension: which was referred to the Committee on Pensions.

Mr. Pearce presented the petition of Philip Pearce, praying the right of pre-emption to a certain tract of land: which was referred to the Committee on Public Lands.

Mr. Huntington presented a petition of citizens of Connecticut, praying the adoption of measures for insuring the peaceful adjustment of all national difficulties.

Ordered , That it lie on the table.

Mr. Bright presented a resolution passed by the General Assembly of the State of Indiana, instructing the Senators and requesting the Representatives of that State in Congress to use their exertions to procure an appropriation for improving the harbor at Michigan city, in said State: which was referred to the Committee on Commerce.

Mr. Fairfield presented a petition of citizens of York, Maine, praying the adoption of measures for insuring the peaceful adjustment of all international difficulties: which was referred to the Committee on Foreign Relations.

On motion by Mr. Johnson, of Maryland,

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

Mr. Westcott presented the petition of Edward Bolon, praying compensation for his trouble and expense in keeping in confinement certain persons charged with the violation of the laws of the United States: which was referred to the Committee of Claims.

Mr. Westcott presented a resolution passed by the General Assembly of the State of Florida, in favor of the passage of a law authorizing that State to relinquish a certain township of land, and to enter other lands in lieu thereof, and to select any portion of the lands granted for seminaries of learning, public schools, the seat of government, or internal improvement, in legal subdivisions: which was referred to the Committee on Public Lands, and ordered to be printed.

Mr. Yulee submitted a document relative to the use of the United States property as a court-house for the circuit and county courts in Florida, the establishment of a jail in St. John's county, and the repair of the bridge across the St. Sebastian river, in that State: which was referred to the Committee on Public Lands, and ordered to be printed.

Mr. Niles presented the petition of Joanna Quicey, daughter and heir of 0102 102 Zephaniah Sampson, a revolutionary soldier, praying a pension: which was referred to the Committee on Pensions.

Mr. Niles presented the petition of Mary Ripley, widow of a deceased revolutionary officer, praying a pension: which was referred to the Committee on Pensions.

Mr. Yulee presented a petition of citizens of Hillsborough county, East Florida, praying the establishment of a mail route from Fort Brooke to Manitu, in that State: which was referred to the Committee on the Post Office and Post Roads.

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

Resolved , That the Secretary of War report to the Senate what further measures are necessary, if any, in order to secure the inland communication between Fort Gratiot and the works now in progress of completion at Sand Hill, on the Detroit river; and also, with that view, as to the expediency of rendering more permanently convenient and available the military road formerly laid out from Fort Gratiot to Detroit; and of extending the same to said military works at Sand Hill, and thence to the United States arsenal at Dearbornville.

Mr. Pennybacker 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 so amending the act entitled “An act making provision for the payment of pensions to the executors or administrators of deceased pensioners in certain cases,” approved June the 19th, 1840, as to extend the provisions of the same to the cases of persons entitled to pensions, but who have died, or shall die, before their claims for pensions have been allowed or shall be allowed by the War Department.

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

Resolved , That the Committee on the Judiciary be instructed to inquire whether any, and, if any, what further legislation is necessary to secure the title in the confirmees, or their heirs respectively, to certain lands confirmed by the governors of the Northwestern, Indiana, and Illinois Territories, and to report by bill or otherwise; and also to inquire into the expediency of establishing a board of commissioners, with power to examine and determine all cases of suspended patents where, under existing laws, the Commissioner of the General Land Office is not authorized to act.

The Senate resumed the consideration of the motion by Mr. Turney, to be excused from serving on the Committee of Claims: and the motion was agreed to.

On motion by Mr. Sevier,

Ordered , That a member be appointed by the Vice President to fill the vacancy in the Committee of Claims.

On motion by Mr. Breese,

Ordered , That the report of the Secretary of War, of the 13th instant, concerning the mineral lands in Illinois, be referred to the Committee on Public Lands, and printed.

Agreeably to notice, Mr. Allen asked leave to bring in a resolution (S. R. 5) declaratory of the principles by which the United States will be governed in regard to the interposition of the powers of Europe in the political affairs of America.

0103 103

On motion by Mr. Jarnagin, that the motion for leave lie on the table:

It was determined in the affirmative,

Yeas, 28

Nays, 23

On motion by Mr. Jarnagin,

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

Those who voted in the affirmative, are,

Messrs. Archer, Barrow, Berrien, Calhoun, Chalmers, Thomas Clayton, John M. Clayton, Corwin, Crittenden, Davis, Dayton, Evans, Greene, Haywood, Huntington, Jarnagin, Johnson, of Maryland, Johnson, of Louisiana, McDuffie, Mangum, Miller, Pearce, Phelps, Simmons, Upham, Webster, Westcott, Woodbridge.

Those who voted in the negative, are,

Messrs. Allen, Ashley, Atherton, Benton, Breese, Bright, Cameron, Cass, Colquitt, Dickinson, Dix, Fairfield, Hannegan, Jenness, Lewis, Niles, Pennybacker, Semple, Sevier, Speight, Sturgeon, Turney, Yulee.

So the motion for leave was ordered to lie on the table.

Mr. Crittenden, by unanimous consent, asked and obtained leave to bring in a resolution (S. R. 6) concerning the Oregon Territory: which was read, and passed to the second reading.

The said resolution was read a second time, and considered as in Committee of the Whole: and,

On motion by Mr. Crittenden,

Ordered , That the further consideration thereof be postponed to, and made the order of the day for Tuesday, the 10th of February next.

On motion by Mr. Crittenden,

Ordered , That the resolution be printed.

Agreeably to notice, Mr. Miller asked and obtained leave to bring in a bill (S. 46) “explanatory of the fourth section of an act making appropriations for the civil and diplomatic expenses of the government for the year ending 30th June, 1846, and for other purposes,” approved 3d March, 1845: which was read the first and second times, by unanimous consent, and referred to the Committee on Pensions.

Agreeably to notice, Mr. Miller asked and obtained leave to bring in a bill (S. 47) to incorporate the Columbian Mutual Fire Insurance Company: which was read the first and second times, by unanimous consent, and referred to the Committee on the District of Columbia.

Agreeably to notice, Mr. Dickinson asked and obtained leave to bring in a bill (S. 48) to amend the act entitled “An act for the regulation of seamen on board of public and private vessels of the United States,” passed May 3, 1813: which was read the first and second times, by unanimous consent, and referred to the Committee on the Judiciary.

The Senate proceeded to consider the report of the Committee on Indian Affairs on the petition of Catlin, Peoples, and Company: and in concurrence therewith,

Resolved , That the claim be disallowed.

The bill (S. 44) to establish a national armory at the Suck, on the Tennessee river, in the State of Tennessee, was read the second time.

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

Mr. Pearce, from the Committee on Pensions, to whom was referred the petition of Talcot Reed, submitted an adverse report: which was ordered to be printed.

Mr. Pearce, from the Committee on Pensions, to whom was referred the 0104 104 petition of William Butterfield, submitted an adverse report: which was ordered to be printed.

Mr. Pearce, from the Committee on Pensions, to whom was referred the petition of James Robinson and wife, legal representatives of Richard Wild, deceased, submitted an adverse report: which was ordered to be printed.

Mr. Ashley, from the Committee on Pensions, to whom was referred the petition of Richard Elliott, submitted a report, accompanied by a bill (S. 49) granting a pension to Richard Elliott.

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

Ordered , That the report be printed.

The bill (S. 38) for the relief of Nathaniel Goddard and others, was read the second time, and considered as in Committee of the Whole: and,

After debate, and the consideration of Executive business, by unanimous consent,

The Senate adjourned.

THURSDAY, January 15, 1846. Link to Annals.

The Vice President laid before the Senate a report of the Secretary of the Navy, made agreeably to law, accompanied by an abstract of expenditures under the head of contingent expenses, as settled and allowed at the office of the Fourth Auditor, for the year ending the 30th of September, 1845: which was read.

Mr. Ashley submitted documents in relation to the claim to a pension of Peter Ingles, a soldier in the last war with Great Britain; which, with the documents on the files of the Senate, relating to his claim, were referred to the Committee on Pensions.

Mr. Dix presented a memorial of marine insurance companies of the city of New York, praying that the act of March 2, 1837, concerning pilots, may not be repealed: which was referred to the Committee on Commerce, and ordered to be printed.

Mr. Berrien presented a resolution passed by the General Assembly of the State of Georgia, requesting the Senators and Representatives of that State in Congress to urge the propriety of establishing a national armory and foundery in the State of Georgia: which was referred to the Committee on Military Affairs, and ordered to be printed.

Mr. Berrien presented resolutions passed by the General Assembly of the State of Georgia, in favor of the settlement of the claims of Georgia against the United States for the services of her militia: which were referred to the Committee of Claims, and ordered to be printed.

Mr. Berrien presented a resolution passed by the General Assembly of the State of Georgia, requesting the Senators and Representatives of that State in Congress to use their exertions to procure the repayment to the State of Georgia of the duties paid on iron used in the construction of the Western and Atlantic railroad: which was referred to the Committee on Finance, and ordered to be printed.

Mr. Berrien presented resolutions passed by the General Assembly of the State of Georgia, in favor of a division of that State into two judicial districts: which were referred to the Committee on the Judiciary, and ordered to be printed.

Mr. Berrien presented resolutions passed by the General Assembly of the State of Georgia, in favor of the publication and distribution by Congress, 0105 105 among the several States of the Union, of the reports of the decisions of the Supreme Court of the United States: which were referred to the Committee on the Judiciary, and ordered to be printed.

Mr. Berrien presented a resolution passed by the General Assembly of the State of Georgia, in favor of the establishment of the following mail routes, viz: From La Grange, Georgia, to Chambers court-house, Alabama; from La Grange, Georgia, to Wedowee, Alabama; from La Grange to Franklin, in Georgia; from La Grange, Georgia, to Tallbottom; from La Grange to Columbus, Georgia; and in favor of additional mail facilities on other mail routes: which was referred to the Committee on the Post Office and Post Roads.

Mr. Berrien presented a resolution passed by the General Assembly of the State of Georgia, in favor of removing the post office at Statesboro' to the court-house in Bullock county, and the establishment of a mail route from Dahlonega, Georgia, to Benton, Tennessee: which was referred to the Committee on the Post Office and Post Roads.

Mr. Berrien presented a resolution passed by the General Assembly of the State of Georgia, in favor of the establishment of a mail route from Marietta to Dahlonega, and from Cassville to Holly creek: which was referred to the Committee on the Post Office and Post Roads.

On motion by Mr. Barrow,

Ordered , That the petition of Benjamin Ballard, on the files of the Senate, be referred to the Committee on Private Land Claims.

On motion by Mr. Fairfield,

Ordered , That the petition of James Low, on the files of the Senate, be referred to the Committee on Pensions.

On motion by Mr. Jenness,

Ordered , That Thomas, Cowperthwaite, and Company, have leave to withdraw their memorial.

Mr. Ashley submitted the following resolutions; which were considered, by unanimous consent, and agreed to:

Resolved , That so much of the message of the President of the United States as relates to the judiciary of the United States, be referred to the Committee on the Judiciary.

Resolved , That the Committee on Public Lands be instructed to inquire into the expediency of removing the restriction on the sale of certain lands in the State of Arkansas, supposed to contain lead ore.

Mr. Jarnagin reported from the committee that they presented to the President of the United States, the 14th instant, the following acts:

S. 26. An act to continue the office of the Commissioner of Pensions.

S. 33. An act for the relief of James Bogardus.

Mr. Ashley, from the Committee on Pensions, to whom was referred the petition of James Morgan, submitted an adverse report: which was ordered to be printed.

Mr. Jarnagin, from the Committee on Indian Affairs, who were instructed, by a resolution of the 17th December, to inquire into the subject, reported the following resolution; which was read, and ordered to be printed:

Resolved , That the Secretary of War prepare, or cause to be prepared under his direction, a statement exhibiting a true history of the relations between the United States and the several Indian tribes or nations, from the revolutionary war down to the extinction of the Indian title eastward of the 0106 106 Mississippi. Also, a statement, in tabular form, of all the sums paid to different Indian tribes, for the purchase of their lands, designating each tribe, the date of purchase, amount paid, amount of land ceded or purchased, the annuities given to each tribe, the duration of such annuities, the amount held in trust by the United States government for any of such tribes, how much thereof has been vested in stocks, and the authority for investing the same, and the number of persons in each tribe, among whom such sums or annuities were or are divided.

On motion by Mr. Breese,

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

Mr. Benton, from the Committee on Military Affairs, to whom was referred the petition of the widow of Zebulon M. Pike, submitted a report accompanied by a bill (S. 50) for the relief of Mrs. Pike, widow of the late General Pike.

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

Ordered , That the report be printed.

Mr. Niles, from the Committee on the Post Office and Post Roads, to whom was referred the joint resolution (S. 2) in favor of David Shaw and Solomon T. Corser, reported it with amendments.

Agreeably to notice, Mr. Johnson, of Louisiana, asked and obtained leave to bring in a bill (S. 51) to provide for the payment of the evidences of public debt in certain cases: which was read the first and second times, by unanimous consent, and referred to the Committee on Finance.

Agreeably to notice, Mr. Breese asked and obtained leave to bring in a bill (S. 52) to grant to the State of Illinois certain alternate sections of public land to aid in the construction of the Northern Cross and Central railroad, in said State: 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 reported by the Committee on Public Lands the 13th instant, relating to lands subject to the overflow of the Mississippi river: and

The resolution having been amended, on the motion of Mr. Johnson, of Louisiana, was agreed to as follows:

Resolved , That the Secretary of the Treasury be directed to cause an examination to be made of the public lands subject to the overflow of the Mississippi river, between Memphis and Vicksburg, in the State of Mississippi, and those lands subject to inundation on the west side of the Mississippi river, in the State of Louisiana, from the upper limits of the State to the mouth of Red river, with an estimate of the probable amount required to protect them from such overflow, and the quantity of lands which will thereby become saleable, and report a plan for such protection, if practicable, at the present session of Congress, or at an early day of the next session.

The Vice President announced the appointment of Mr. Turney, to fill the vacancy in the Committee of Claims.

A message from the President of the United States, by Mr. Walker, his secretary:

Mr. President: The President of the United States approved and signed, the 14th instant, the following acts:

An act to continue the office of Commissioner of Pensions.

An act for the relief of James Bogardus.

0107 107

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

After the consideration of Executive business,

The Senate adjourned.

MONDAY, January 19, 1846. Link to Annals.

A message from the House of Representatives, by Mr. French, their Clerk:

Mr. President: I am directed to notify the Senate of the death of William Taylor, one of the Representatives from the State of Virginia; that his funeral will take place from the hall of the House of Representatives this day at half past twelve o'clock, p.m., and that the Senate are invited to attend the same.

Mr. Pennybacker submitted the following resolutions; which were considered, by unanimous consent, and agreed to:

Resolved , That the Senate has received with deep sensibility the message from the House of Representatives, announcing the death of the honorable William Taylor, a Representative from the State of Virginia.

Resolved , That, in token of respect for the memory of the deceased, the Senate will attend his funeral at the hour appointed by the House of Representatives, and will wear the usual badge of mourning for thirty days.

The Senate, having attended the funeral, returned to their chamber; and, on motion by Mr. Jenness, adjourned.

TUESDAY, January 20, 1846. Link to Annals.

The Vice President laid before the Senate a report of the Secretary of the Navy, accompanied by a report of the Commissioner of Pensions, made agreeably to law, showing the rejected applications for pensions during the year 1845: which was read, and ordered to be printed.

The Vice President laid before the Senate the following reports:

Report of the Secretary of the Navy, made agreeably to law, showing the appropriations for the naval service for the fiscal year ending June 30, 1845.

Report of the Secretary of War, made in compliance with a resolution of the Senate, relating to an inland communication between Fort Gratiot and Sand Hill, on the Detroit river, and the military road from Fort Gratiot to Detroit.

The reports were read.

Mr. Allen presented the memorial of the chiefs and delegates of the Wyandot nation of Indians, praying payment of the value of their improvements ceded to the United States by the treaty of March 17, 1842: which was referred to the Committee on Indian Affairs.

Mr. Archer presented four memorials of citizens of the United States, praying a modification of the laws for the naturalization of the subjects or citizens of foreign states: which were referred to the Committee on the Judiciary.

Mr. Dix presented a petition of citizens of Cayuga county, New York, praying a reduction of the postage on half ounce letters, and the discontinuance of the franking privilege: which was referred to the Committee on the Post Office and Post Roads.

0108 108

Mr. Dix presented the memorial of the chamber of commerce of New York, praying the establishment of a branch mint in that city: which was referred to the Committee on Finance.

Mr. Dix presented the petition of Brower and Neilson, of New York, praying the reimbursement of the duties paid by them on certain importations of cotton from Texas, before the 31st of December, 1845: which was referred to the Committee on Finance.

Mr. Webster presented the petition of Asa Andrews, late collector of the customs for the district of Ipswich, Massachusetts, praying the payment of a balance ascertained to be due to him by the United States: which was referred to the Committee on the Judiciary.

Mr. Simmons presented the petition of Welcome Parmeter, praying a pension for an injury received in the military service of the United States: which was referred to the Committee on Pensions.

Mr. Sturgeon presented a memorial of citizens of the United States, praying that the right and title of the United States to the Oregon Territory, as far as fifty-four degrees and forty minutes north latitude, may be insisted upon in any settlement of that question by treaty or otherwise: which was referred to the Committee on Foreign Relations.

Mr. Sturgeon presented the petition of Ann W. Butler and Mary Meason, legal representatives of Richard Butler, deceased, praying the payment of a balance standing to his credit on the books of the Treasury for advances in the revolutionary war: which was referred to the Committee on Revolutionary Claims.

Mr. Calhoun presented the petition of John Strohecker and others, praying to be indemnified for losses sustained in consequence of the illegal seizure and detention, on the part of the local authorities of the island of Bermuda, of a ship and cargo, which was forced by stress of weather into that port: which was referred to the Committee on Foreign Relations.

Mr. Jarnagin presented a communication, signed by Samuel Martin, proposing a plan for the defence of the lakes: which was referred to the Committee on Naval Affairs.

Mr. Jarnagin presented a communication, signed by Samuel Martin, proposing certain modifications of the currency of the country: which was referred to the Committee on Finance.

Mr. Cameron presented a petition of citizens of Pennsylvania, praying the construction of harbors on the eastern side of Reedy island and at Bomba hook, in the Delaware river: which was referred to the Committee on Commerce.

Mr. Bright presented resolutions of the General Assembly of the State of Indiana, relative to the construction of a canal around the falls of the Ohio river, on the Indiana side: which were referred to the Committee on Roads and Canals, and ordered to be printed.

Mr. Bright presented resolutions of the General Assembly of the State of Indiana, relative to certain inundated public lands, and to the granting of the same to that State: which were referred to the Committee on Public Lands, and ordered to be printed.

Mr. Pennybacker presented the memorial of the board of trade of the city of Wheeling, praying the construction of a bridge over the river Ohio, at that place: which was referred to the Committee on the Post Office and Post Roads.

Mr. Atchison presented a petition of citizens of Mercer county, Missouri, 0109 109 praying the establishment of a mail route from Trenton to the county seat of said county: which was referred to the Committee on the Post Office and Post Roads.

Mr. Bright presented the petition of Joseph Bigelow, administrator of Francis Cazeau, deceased, praying compensation for supplies of provisions and clothing to the revolutionary army: which was referred to the Committee on the Judiciary.

Mr. Crittenden presented the memorial of Balie Peyton, praying compensation for property taken by the United States and used as a site for the erection of a light-house, at the southwest pass of the river Mississippi: which was referred, with the petition and papers on the files of the Senate, to the Committee on Private Land Claims.

Mr. Yulee submitted documents relating to the claim of John P. Baldwin to compensation for a vessel burnt by order of a United States officer, near Cape Florida, to prevent its falling into the possession of the hostile Indians: which were referred to the Committee on the Judiciary.

Mr. Yulee presented the petition of Peter Capella, administrator of Andrew Capella, deceased, praying compensation for damages to his property by the troops of the United States while in the military occupation of Florida, in the years 1812 and 1813: which was referred to the Committee on the Judiciary.

Mr. Yulee presented a memorial of Matthew Solana and other citizens of Florida, praying indemnity for losses sustained in consequence of the destruction of their property by the hostile Indians in the Seminole war of 1836: which was referred to the Committee on the Judiciary.

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

Resolved , That the Committee on Naval Affairs be directed to inquire into Dr. William P. McConnell's submerged propeller and other improvements, and report on their utility and practicability to propel war steamers.

On motion by Mr. Johnson, of Louisiana,

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

On motion by Mr. Jenness,

Ordered , That the petition of Thomas, Cowperthwaite, and Company, on the files of the Senate, be referred to the Committee on the Judiciary.

On motion by Mr. Atchison,

Ordered , That the petition of Robert Barclay, of Missouri, on the files of the Senate, be referred to the Committee on Private Land Claims.

On motion by Mr. Woodbridge,

Ordered , That the report of the Secretary of War, of June 14, 1844, in relation to the survey of the straits connecting lakes Huron and Erie, and the improvement of a channel in the straits of Detroit, and the report from the Secretary of War, of December 3, 1845, in relation to the strengthening of the fortification at the outlet of lake Huron, called Fort Gratiot, be referred to the Committee on Military Affairs.

On motion by Mr. Evans,

Ordered , That the petition of the New England Mississippi Land Company, on the files of the Senate, be referred to the Committee on the Judiciary.

On motion by Mr. Mangum,

Ordered , That the widow of Jonas Johnston have leave to withdraw her petition and papers.

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On motion by Mr. Miller,

Ordered , That Ezekiel Wade have leave to withdraw his memorial and papers.

On motion by Mr. Miller,

Ordered , That Frankey Quinn have leave to withdraw the documents in relation to her claim.

On motion by Mr. Dayton,

Ordered , That the heirs of the Rev. James Caldwell have leave to withdraw their petition and papers.

On motion by Mr. Huntington,

Ordered , That the memorial of the American board of commissioners for foreign missions, on the files of the Senate, be referred to the Committee on Indian Affairs.

On motion by Mr. Greene,

Ordered , That the resolutions passed by the General Assembly of the State of Rhode Island, in relation to the printing and distributing the reports of the decisions of the Supreme Court of the United States, be printed.

Mr. Ashley, from the Committee on the Judiciary, to whom was referred a petition of citizens of Ascension and Iberville, and also a report of the Secretary of the Treasury, of the 13th January, reported a joint resolution (S. R. 6) in relation to the issuing of grants of certain lands in Louisiana: which was read, and passed to the second reading.

Mr. John M. Clayton, from the Committee of Claims, to whom were referred the documents relating to the claim of the executor of John J. Bulow, submitted a report, accompanied by a bill (S. 53) for the relief of the legal representatives of John J. Bulow, jr., deceased.

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

Ordered , That the report be printed.

Mr. Fairfield, from the Committee on Naval Affairs, to whom was referred the petition of Nathaniel Phillips, submitted a report, accompanied by a bill (S. 54) for his relief.

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

Ordered , That the report be printed.

Mr. Dickinson, from the Committee of Claims, to whom was referred the petition of J. Throckmorton, submitted a report, accompanied by a bill (S. 55) for his relief.

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

Ordered , That the report be printed.

A message from the House of Representatives, by Mr. French, their Clerk:

Mr. President: The House of Representatives have passed a bill (H. R. 68) to regulate writs of errors and appeals from the district court of the United States for the middle district of Alabama; in which they request the concurrence of the Senate.

After the consideration of Executive business,

The Senate adjourned.

WEDNESDAY, January 21, 1846. Link to Annals.

The Vice President laid before the Senate a report of the Secretary of the Navy, made agreeably to law, exhibiting the names of the clerks and 0111 111 other persons employed in that department during the year 1845, with the compensation paid to each: which was read, and referred to the Committee on Naval Affairs.

Mr. Turney presented the memorial of John A. Rogers, praying compensation for his services as inspector and examiner of the several land offices in Alabama and Mississippi: which was referred to the Committee on Public Lands.

Mr. Dix presented a memorial of the chamber of commerce of New York, praying that the act of March 2, 1837, concerning pilots, may not be repealed: which was referred to the Committee on Commerce.

Mr. Dix presented the petition of Godfrey Pattison, in behalf of himself and others, merchants in the city of New York, praying the reimbursement of certain duties alleged to have been illegally exacted of them by the collector for that port: which was referred to the Committee on Finance.

Mr. Fairfield presented the petition of Samuel A. Morse, praying to be allowed a credit for certain items rejected by the accounting officers in the settlement of his accounts as collector of the customs for the district of Passamaquoddy, in the State of Maine: which was referred to the Committee of Claims.

Mr. Dickinson presented a memorial of citizens of Portland, New York, praying an increase of the duties on soda ash, barilla, and sal soda: which was referred to the Committee on Finance.

Mr. Dickinson presented a petition of masters of vessels engaged in navigation on lake Erie, praying an appropriation for completing and lighting the harbor of Cattaraugus, on that lake: which was referred to the Committee on Commerce.

Mr. Johnson, of Louisiana, presented the petition of Myra Clarke Gaines, heir and legal representative of Daniel Clarke, deceased, praying to be allowed to locate, on any unappropriated public land, a tract equal in extent to that which she claims by purchase under the Marquis de Maison Rouge, and of which she has been deprived by an informality in the survey: which was referred to the Committee on Public Lands.

Mr. Johnson, of Maryland, presented the petition of G. D. Duvall, praying remuneration for loss of property and imprisonment by the enemy during the last war with Great Britain: which was referred to the Committee on Pensions.

Mr. Jenness presented the petition of Benjamin Watson, a soldier in the last war with Great Britain, praying a pension: which was referred to the Committee on Pensions.

Mr. Westcott presented the memorial of George W. Walton, praying compensation for timber furnished for the erection of a fort at Mandarin, in the State of Florida, under a contract with an officer of the government: which was referred to the Committee of Claims.

Mr. Westcott presented the memorial of Calvin Read, praying compensation for timber furnished for the erection of a fort at Mandarin, in the State of Florida, under a contract with an officer of the government: which was referred to the Committee of Claims.

Mr. Niles submitted additional documents in relation to the petition of William Pennoyer: which were referred to the Committee on Pensions.

Mr. Johnson, of Louisiana, presented the petition of the heirs of Abner L. Duncan, deceased praying indemnity for the seizure of a vessel and 0112 112 cargo by the United States brig Saranac, in the year 1827, for an alleged violation, of the laws of the United States: which was referred to the Committee on the Judiciary.

On motion by Mr. Dix,

Ordered , That the memorial of the New York and Harlem Railroad Company, on the files of the Senate, be referred to the Committee on Finance.

On motion by Mr. Berrien,

Ordered , That the memorial of the Central Railroad and Banking Company of Georgia, and the memorial of the Georgia Railroad Company, on the files of the Senate, be severally referred to the Committee on Finance.

On motion by Mr. Evans,

Ordered , That the petition of Edward S. Osgood, on the files of the Senate, be referred to the Committee on the Judiciary.

On motion by Mr. Evans,

Ordered , That the petition of Isaac Lilley, on the files of the Senate, be referred to the Committee of Claims.

On motion by Mr. Dickinson,

Ordered , That the memorial of the Long Island Railroad Company, on the files of the Senate, be referred to the Committee on Finance.

On motion by Mr. Turney,

Ordered , That the heirs of Henry Conway have leave to withdraw their petition and papers.

Mr. Ashley 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 more effectual publication of the laws of the United States throughout the several States and Territories.

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

Resolved , That the Committee on Finance be directed to inquire into the expediency of remitting to the Mohawk and Hudson Railroad Company the duty paid by them, or on their account, on certain iron rails imported and laid down, permanently, on said railroad since the year 1832.

Mr. Speight being, on his motion, excused from serving on the Committee on Public Lands:

On motion by Mr. Speight,

Ordered , That a member be appointed by the Vice President to fill the vacancy: and

Mr. Chalmers was appointed.

On motion by Mr. Johnson, of Louisiana,

Ordered , That the Committee on Pensions be discharged from the further consideration of the petition of Robert Ramsey, and that it be referred to the Committee on Naval Affairs.

Mr. Ashley, from the Committee on Public Lands, to whom the subject was referred, reported a bill (S. 56) giving the assent of Congress to a change of the compact entered into between the United States and the State of Arkansas on her admission into the Union: which was read, and passed to the second reading.

Mr. Yulee, from the Committee on Private Land Claims, reported the 0113 113 bill (S. 28) providing for the adjustment of all suspended pre-emption land claims in the United States and Territories, without amendment.

Mr. Evans, from the Committee on Finance, to whom was referred the bill (S. 30) for the relief of Benjamin Adams and others, reported it without amendment.

Mr. Dix, from the Committee on Commerce, reported a bill (S. 57) to amend an act entitled “An act to provide revenue from imports, and to change and modify existing laws imposing duties on imports, and for other purposes:” which was read, and passed to the second reading.

Mr. Turney, from the Committee of Claims, to whom was referred the memorial of Joseph Radcliff, reported “that the committee be discharged from the further consideration of the subject.”

Mr. Turney, from the Committee of Claims, to whom was referred the petition of Amos Holton, reported “that the committee be discharged from the further consideration of the subject.”

Mr. Dayton, from the Committee on the Post Office and Post Roads, to whom was referred the petition of Saltmarsh and Fuller, submitted a report, accompanied by a joint resolution (S. R. 7) for the relief of Orlando Saltmarsh and William Fuller.

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

Ordered , That the report be printed.

Mr. Johnson, of Louisiana, from the Committee on Pensions, to whom was referred the petition of Zadok Huntley, submitted an adverse report: which was ordered to be printed.

Agreeably to notice, Mr. Bagby asked and obtained leave to bring in a joint resolution (S. R. 8) proposing amendments to the constitution of the United States: which was read, passed to the second reading, and ordered to be printed.

The bill (H. R. 68) to regulate writs of error and appeals from the district court of the United States for the middle district of Alabama, was read the first and second times, by unanimous consent.

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

The Senate proceeded to consider, as in Committee of the Whole, the bill (S. 34) establishing certain post routes, together with the amendments reported thereto; and the reported amendments having been agreed to, and the bill further amended, the bill was reported to the Senate, and the amendments were concurred in.

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

The bill (S. 41) providing for an augmentation of the naval force of the United States, was read the second time, and considered as in Committee of the Whole.

On motion by Mr. Sevier,

That the further consideration thereof be postponed to, and made the order of the day for Tuesday, the 10th of February next:

It was determined in the negative,

Yeas, 19

Nays, 26

On motion by Mr. Allen,

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

Those who voted in the affirmative are,

Messrs. Allen, Archer, Atherton, Bagby, Benton, Berrien, Breese, Bright, Calhoun, Cameron, Corwin, Crittenden, Evans, Jenness, Niles, Pennybacker, Sevier, Speight, Turney. 8

0114 114

Those who voted in the negative are,

Messrs. Ashley, Atchison, Barrow, Chalmers, John M. Clayton, Dayton Dickinson, Dix, Fairfield, Greene, Hannegan, Huntington, Jarnagin, Johnson, of Maryland, Johnson, of Louisiana, Lewis, Miller, Pearce, Phelps, Simmons, Sturgeon, Upham, Webster, Westcott, Woodbridge, Yulee.

On motion by Mr. Fairfield,

Ordered , That the further consideration thereof be postponed to, and made the order of the day for Tuesday, the 27th instant.

After the consideration of Executive business,

The Senate adjourned.

THURSDAY, January 22, 1846. Link to Annals.

Mr. Bright presented the petition of Philip Pollard and others, praying to be continued in their purchases of certain Indian reservations under the treaty of 1832 with the Pottawatomie Indians: which was referred to the Committee on the Judiciary.

Mr. Huntington presented a petition of citizens of Mystic, Connecticut, praying the adoption of measures for effecting a peaceful adjustment of all international difficulties and disputes.

Ordered , That it lie on the table.

Mr. Cameron presented a petition of citizens of Pennsylvania, praying the construction of harbors on the eastern side of Reedy island and at Bomba hook, in the Delaware river: which was referred to the Committee on Commerce.

Mr. Cameron presented the memorial of Thomas F. Gordon, praying the aid of government in publishing a general index to the congressional documents and journals: which was referred to the Committee on the Library.

Mr. Sturgeon presented a memorial of citizens of Pennsylvania, praying the construction of harbors on the eastern side of Reedy island and at Bomba hook, in the Delaware river: which was referred to the Committee on Commerce.

Mr. Yulee submitted documents relating to the claim of E. A. Ware to compensation for printing the acts and resolutions of the Legislative Council of the Territory of Florida under an order of that body: which was referred to the Committee on Finance.

Mr. Dickinson presented the memorial of the Long Island Railroad Company, praying a remission of the duties on certain railroad iron imported for the use of their railroad: which was referred to the Committee on Finance.

Mr. Bright presented the petition of the heirs of Richard McCarty, deceased, a revolutionary office, praying the repayment of advances made by their ancestor during the revolutionary war: which was referred to the Committee on Revolutionary Claims.

Mr. Dix presented the petition of the heirs and legal representatives of John Campbell, deceased, an assistant deputy quartermaster general in the revolutionary army, praying an equitable settlement of his accounts and the allowance of commutation pay: which was referred to the Committee on Revolutionary Claims.

On motion by Mr. Benton,

Ordered , That the petition of Bent, St. Vrain, and Company, on the files of the Senate, be referred to the Committee on Military Affairs.

0115 115

On motion by Mr. Bagby,

Ordered , That the petition of Caroline E. Clitherall, widow of doctor George C. Clitherall, deceased, on the files of the Senate, be referred to the Committee on Military Affairs.

On motion by Mr. Crittenden,

Ordered , That the executor of Robert Wilmott, deceased, have leave to withdraw his petition.

On motion by Mr. Johnson, of Maryland,

Ordered , That the several memorials on the subject of copyright, on the files of the Senate, be referred to a select committee to consist of five members, to be appointed by the Vice President: and

Mr. Cass, Mr. Berrien, Mr. Dix, Mr. Johnson, of Maryland, and Mr. Pennybacker were appointed.

Mr. Johnson, of Louisiana, from the Committee on Pensions, to whom was referred the petition of Clara R. Cobb, submitted an adverse report: which was ordered to be printed.

The Senate proceeded to consider the report of the Committee on Pensions on the petition of William Butterfield: and, in concurrence therewith,

Resolved , That the prayer of the petitioner be not granted.

The Senate proceeded to consider the report of the Committee on Pensions on the petition of James Robinson: and, in concurrence therewith,

Resolved , That the prayer of the petitioner be not granted.

The Senate proceeded to consider the report of the Committee on Pensions on the petition of James Morgan: and, in concurrence therewith,

Resolved , That the prayer of the petitioner ought not to be granted.

On motion by Mr. Cameron, that when the Senate adjourn, it be to Monday next:

It was determined in the affirmative,

Yeas, 30

Nays, 17

On motion by Mr. Allen,

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

Those who voted in the affirmative are,

Messrs. Archer, Atchison, Barrow, Benton, Berrien, Breese, Calhoun, Cameron, Thomas Clayton, John M. Clayton, Corwin, Crittenden, Dayton, Dix, Evans, Greene, Huntington, Jarnagin, Johnson, of Maryland, McDuffie, Mangum, Miller, Pearce, Phelps, Simmons, Speight, Upham, Webster, Westcott, Woodbridge.

Those who voted in the negative are,

Messrs. Allen, Ashley, Atherton, Bagby, Bright, Cass, Chalmers, Colquitt, Dickinson, Fairfield, Hannegan, Jenness, Niles, Pennybacker, Sturgeon, Turney, Yulee.

So it was

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

After the consideration of Executive business,

The Senate adjourned.

MONDAY, January 26, 1846. Link to Annals.

The Vice President presented an additional document in relation to the memorial of certain officers of the army on the subject of brevet and staff rank: which was referred to the Committee on Military Affairs.

0116 116

Mr. Pennybacker presented the petition of Joseph M. Sheppard, administrator of Richard Harris, deceased, and John Scott, administrator of Nimrod Farrow, deceased, praying compensation for damages sustained by Farrow and Harris, in consequence of the violation off their contract with the government for the erection of a fort on Dauphin island: which was referred to the Committee of Claims.

Mr. Sturgeon presented two memorials of citizens of Pennsylvania, praying the construction of harbors on the eastern side of Reedy island and at Bomba hook, in the Delaware river: which were referred to the Committee on Commerce.

Mr. Archer presented the memorial of William Starke Jett, administrator and heir-at-law of Thomas Jett, deceased, praying the payment of certain outstanding loan office certificates said to have been lost or destroyed: which was referred to the Committee on Revolutionary Claims.

Mr. Benton presented the memorial of James L. Sawyer, praying compensation for services rendered as clerk in the office of the collector of the port of New York: which was referred to the Committee of Claims.

Mr. Cass presented the petition of Henry Northup, praying compensation for property lost in the military service of the United States: which was referred to the Committee of Claims.

Mr. Benton submitted a document exhibiting the amount of bounties on exported salted provisions and pickled fish; allowances to vessels employed in the fisheries, and drawback on domestic refined sugar exported; and net duties on salt imported, from the commencement of the government to the 20th June, 1845: which was referred to the Committee on Finance, and ordered to be printed.

Mr. Bagby presented the memorial of James H. Causten, praying the payment of the certificates issued by the United States under the Mexican convention, to claimants in whose favor awards have been made: which was referred to the Committee on Foreign Relations, and ordered to be printed.

On motion by Mr. Archer,

Ordered , That the petition of the administrator of Isaac Garretson, on the files of the Senate, be referred to the Committee on Naval Affairs.

On motion by Mr. Dix,

Ordered , That George J. Knight have leave to withdraw his petition and papers.

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

Resolved , That the Committee on Naval Affairs be directed to inquire into the merits and advantages of Richard F. Loper's patent submerged propeller; his improved patent mode of elevating and depressing propellers of steam vessels when sailing at sea or laying to in a gale of wind; also, his patent improved propeller steam-engine; and report upon the adoption of the same for naval purposes, especially for speedily converting sailing ships into the most effective class of war steamers.

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

Resolved , That the Committee on the Library be instructed to inquire into the expediency of purchasing for the use of the Senate—number of a book entitled “An account of the condition of the Oregon Territory, its soil, climate, and geographical position, together with a statement of 0117 117 the claims of Russia, Spain, Great Britain, and the United States,” recently published in this city by Windham Robertson, jr.

Mr. Dix presented the petition of Mary W. Ketcham, widow of Thomas Ketcham, deceased, an officer in the last war with Great Britain, praying a pension: which was referred to the Committee on Pensions.

On motion by Mr. Ashley,

Ordered , That the Committee on the Judiciary be discharged from the further consideration of the petition of citizens of Portsmouth, New Hampshire, respecting the amicable adjustment of international difficulties.

On motion by Mr. Ashley,

Ordered , That the Committee on the Judiciary be discharged from the further consideration of the petition of John A. Ragan.

Mr. Ashley, from the Committee on the Judiciary, to whom the subject was referred, reported a bill (S. 58) in relation to seamen's wages: which was read, and passed to the second reading.

On motion by Mr. Ashley,

Ordered , That the accompanying petition be printed.

Mr. Ashley, from the Committee on the Judiciary, to whom were referred the resolutions of the legislature of New Hampshire, the resolutions of the General Assembly of Georgia, the petition of citizens of Durham, and the petition of Thomas, Cowperthwaite, and Company, reported a bill (S. 59) providing for the purchase and distribution of the decisions of the Supreme Court of the United States among the several States and Territories: which was read, and passed to the second reading.

Mr. Niles, from the Committee on the Post Office and Post Roads, to whom was referred a memorial in favor of Francis A. Harrison, reported a bill (S. 60) for his relief: which was read, and passed to the second reading.

On motion by Mr. Allen,

That the Senate resume the consideration of the motion made by Mr. Allen the 14th instant, for leave to bring in a joint resolution declaratory of the principle by which the United States will be governed in regard to the interposition of the powers of Europe:

It was determined in the affirmative,

Yeas, 23

Nays, 21

On motion by Mr. Allen,

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

Those who voted in the affirmative are,

Messrs. Allen, Ashley, Atchison, Atherton, Bagby, Benton, Breese, Bright, Cass, Chalmers, Colquitt, Dickinson, Dix, Fairfield, Hannegan, Lewis, Niles, Pennybacker, Simmons, Speight, Sturgeon, Turney, Woodbridge.

Those who voted in the negative are,

Messrs. Archer, Barrow, Berrien, Calhoun, Cameron, Thomas Clayton, John M. Clayton, Corwin, Crittenden, Davis, Evans, Greene, Huntington, Jarnagin, Johnson, of Louisiana, Mangum, Miller, Pearce, Phelps, Upham, Webster.

On the question to agree to the motion that leave be given to bring in the resolution:

It was determined in the affirmative,

Yeas, 26

Nays, 21

0118 118

On motion by Mr. Allen,

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

Those who voted in the affirmative are,

Messrs. Allen, Ashley, Atchison, Atherton, Bagby, Benton, Breese, Bright, Cameron, Cass, Chalmers, Colquitt, Dickinson, Dix, Fairfield, Hannegan, Lewis, Niles, Pennybacker, Semple, Simmons, Speight, Sturgeon, Turney, Woodbridge, Yulee.

Those who voted in the negative are,

Messrs. Archer, Barrow, Berrien, Calhoun, Thomas Clayton, John M. Clayton, Corwin, Crittenden, Davis, Evans, Greene, Huntington, Jarnagin, Johnson, of Louisiana, McDuffie, Mangum, Miller, Pearce, Phelps, Upham, Webster.

The said resolution was read.

On motion by Mr. Allen,

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

On motion by Mr. Breese,

Ordered , That it be printed.

Mr. Webster submitted the following resolution for consideration:

Resolved , That the President of the United States be requested to communicate to the Senate any correspondence which may have taken place between the government of the United States and that of England, or its ministers, or between the government of the United States and ministers of the United States abroad, on the subject of Oregon, since, the last communication of the President, so far as in his judgment such communication may be made without prejudice to the public interests.

On motion,

The Senate adjourned.

TUESDAY, January 27, 1846. Link to Annals.

The Vice President laid before the Senate a report of the Second Auditor of the Treasury, exhibiting, agreeably to law, the disbursement or application of moneys, goods, or effects, for the benefit of the Indians, from October 1, 1844, to the 30th September, 1845: which was read, and referred to the Committee on Indian Affairs.

The Vice President laid before the Senate a communication from the Commissioner of the Public Buildings, relating to the correction of an error in his report of the 2d ultimo: which was read, and referred to the Committee on Public Buildings.

Mr. Allen presented the memorial of Benjamin E. Green, praying to be allowed the usual pay and allowances of a chargé d'affaires for services rendered by him in that capacity, near the Mexican government, in the year 1844: which was referred to the Committee on Foreign Relations.

Mr. Dix presented three petitions of citizens of Cayuga county, New York, praying the abrogation of the treaties of December 15, 1838, and May 20, 1842, concluded between the United States and the Seneca tribe of indians: which were referred to the Committee on Indian Affairs.

Mr. Atherton submitted documents relating to the claim of David Robb, late Indian agent, to compensation for services rendered and expenses incurred in removing allegations of fraud in concluding certain treaties with the Shawnee and Delaware Indians: which, with the documents on the 0119 119 files of the Senate relating to the claim, were referred to the Committee on Indian Affairs.

Mr. Cameron presented two memorials of citizens of Pennsylvania, praying the construction of harbors on the eastern side of Reedy island and at Bomba hook, in the Delaware river: which were referred to the Committee on Commerce.

Mr. Sturgeon presented a memorial of citizens of Pennsylvania, praying the construction of harbors on the eastern side of Reedy island and at Bomba hook, in the Delaware river: which was referred to the Committee on Commerce.

Mr. Johnson, of Louisiana, presented the petition of James B. Davenport, praying the confirmation of his title to certain land in the State of Louisiana: which was referred to the Committee on Private Land Claims.

Mr. Niles presented the memorial of Charles Larrabee, late an officer in the United States army, praying to be allowed arrears of pension: which was referred to the Committee on Pensions.

Mr. Archer presented two memorials of citizens of the United States, praying that the naturalization laws may be so amended as to require a residence of twenty-one years previous to obtaining the right of citizenship: which were referred to the Committee on the Judiciary.

Mr. Ashley presented the petition of Lewis Evans, a licensed Indian trader, praying compensation for losses sustained in consequence of the seizure of his property by certain Cherokee Indians: which was referred to the Committee on Indian Affairs.

On motion by Mr. Sturgeon,

Ordered , That the petition of Thomas Hall, on the files of the Senate, be referred to the Committee on Pensions.

On motion by Mr. Pearce,

Ordered , That the memorial of the representatives of John Fulford, on the files of the Senate, be referred to the Committee on Revolutionary Claims.

On motion by Mr. Benton,

Ordered , That the “reports of the majority and minority of the Select Committee on the origin and character of fishing bounties and allowances,” made at the first session of the twenty-sixth Congress, be referred to the Committee on Finance.

Mr. Johnson, of Louisiana, submitted the following resolutions; which were considered, by unanimous consent, and agreed to:

Resolved , That the Committee on Finance be instructed to inquire into the expediency of providing additional subordinate, officers of the customs at the port of New Orleans, for the better security and protection of the revenue at that port.

Resolved , That the Committee on Commerce be instructed to inquire into the expediency of extending the port of New Orleans so as to include the city of Lafayette.

Agreeably to notice, Mr. Dickinson asked and obtained leave to bring in a resolution (S. R. 9) to provide for the preservation of petitions and other papers presented to Congress: which was read the first and second times, by unanimous consent, and referred to the Committee on the Judiciary.

Agreeably to notice, Mr. Breese asked and obtained leave to bring in a bill (S. 61) for the relief of Benjamin Harris, of La Salle county, State of Illinois: which was read the first and second times, by unanimous consent, and referred to the Committee on Public Lands.

0120 120

Mr. Webster, from the Committee on the Judiciary, to whom was referred the petition of Henry Gardner and others, directors of the New England Mississippi Land Company, submitted a report, accompanied by a bill (S. 62) for the relief of Henry Gardner and others, directors of an association called the New England Mississippi Land Company.

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

Ordered , That the report be printed.

Mr. Breese, from the Committee on Public Lands, to whom was referred the bill (S. 31) to direct the President of the United States to sell the reserved mineral lands in the State of Illinois, and Territories of Wisconsin and Iowa, supposed to contain lead ore, reported it with an amendment.

Mr. Breese also submitted a report on the subject: which was ordered to be printed.

Mr. Lewis, from the Committee on Patents, to whom was referred the petition of Charles G. Page, reported a bill (S. 63) for his relief: which was read, and passed to the second reading.

The said bill 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 Senate proceeded to consider the resolution reported by the Committee on Indian Affairs the 15th instant, relating to the Indian tribes: and,

On motion by Mr. Jarnagin,

Ordered , That it be recommitted to the Committee on Indian Affairs.

The bill (S. 34) establishing certain post routes having been reported by the committee correctly engrossed, was read a 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.

Mr. Ashley, from the Committee on the Judiciary, who were instructed to inquire into the subject, reported a bill (S. 64) to provide for the more effectual publication of the laws of the United States: which was read, and passed to the second reading.

The Senate resumed, as in Committee of the Whole, the consideration of the bill (S. 41) providing for an augmentation of the naval force of the United States, and for other purposes: and,

After debate, and the consideration of Executive business, by unanimous consent,

The Senate adjourned.

WEDNESDAY, January 28, 1846. Link to Annals.

Mr. Woodbridge presented a petition of citizens of Michigan, praying the erection of a light-house at the mouth of White river: which was referred to the Committee on Commerce.

Mr. Dix presented a petition of two hundred and sixty-four citizens of Cayuga county, New York, praying the abrogation of the treaties concluded between the United States and the Seneca tribe of Indians the 15th December, 1838, and the 20th May, 1842: which was referred to the Committee on Indian Affairs.

Mr. Davis presented the memorial of Charles Stearns, praying the reimbursement of the costs and expenses of a criminal prosecution instituted against him upon the information of an officer of the United States, in 0121 121 which he was acquitted: which was referred to the Committee on the Judiciary.

Mr. Davis presented two memorials of citizens of Northborough, Massachusetts, praying the adoption of measures for the peaceful adjustment of all international difficulties: which were referred to the Committee on the Judiciary.

Mr. Dickinson presented a petition of citizens of Oneida county, New York, praying the abrogation of the treaties concluded between the United States and the Seneca tribe of Indians in December, 1838, and May, 1842: which was referred to the Committee on Indian Affairs.

Mr. Westcott submitted an additional document in relation to the petition of Edward Bolon: which was referred to the Committee of Claims.

Mr. Johnson, of Louisiana, submitted a document showing the length of the sessions of the Supreme Court of the United States, the number of cases disposed of, and the number remaining on the docket, annually, from 1841 to December, 1844, inclusive: which was referred to the Committee on the Judiciary, and ordered to be printed.

On motion by Mr. Pearce,

Ordered , That the petition of Martin Fenwick, on the files of the Senate, be referred to the Committee on Private Land Claims.

On motion by Mr. Miller,

Ordered , That the memorial of the trustees of the Presbyterian church of Springfield, New Jersey, on the files of the Senate, be referred to the Committee on Revolutionary Claims.

On motion by Mr. Pennybacker,

Ordered , That the petition of the representatives of James Roddy and Robert B. Carter, deceased, on the files of the Senate, be referred to the Committee of Claims.

On motion by Mr. Fairfield,

Ordered , That Comfort Drew have leave to withdraw her petition and papers.

On motion by Mr. Breese,

Ordered , That leave be granted to withdraw the petition of citizens of the District of Columbia, in relation to an extension of the powers of the orphans' court.

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

Resolved , That the Committee on the Post Office and Post Roads be instructed to inquire into the expediency of establishing a post route from the town of Plaquemine, parish of Iberville, in the State of Louisiana, to some central point in the settlement on Bayou Grosse Tete.

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

Resolved , That the Secretary of the Treasury be directed to inform the Senate whether any, and, if any, what amount of the three per cent. of the net proceeds of the sales of public lands, situate in the State of Illinois, but sold in the Vincennes district, north and south of the base line, and west of the second principal meridian, to which that State is entitled, has been paid over to the State of Indiana, or what disposition has been made of the same.

On motion by Mr. Lewis,

Ordered , That the Committee on Pensions be discharged from the further 0122 122 consideration of the petitions of citizens of St. Clair county, Michigan, presented the 30th of December last.

Mr. Pearce, from the Committee on Pensions, to whom was referred the petition of Lydia Lush, submitted an adverse report: which was ordered to be printed.

Mr. Pearce, from the committee on Pensions, to whom was referred the petition of William Nicholls, submitted an adverse report: which was ordered, to be printed.

Agreeably to notice, Mr. Simmons asked and obtained leave to bring in a bill (S. 65) authorizing the payment of a sum of money to Robert Purkis: which was read the first and second times, by unanimous consent, and, together with the papers on the files of the Senate relating to the claim, referred to the Committee of Claims.

The Senate resumed, as in Committee of the Whole, the consideration of the bill (S. 25) for the settlement of the claims of New Hampshire against the United States: 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, 19

Nays, 21

On motion by Mr. Atherton,

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

Those who voted in the affirmative are,

Messrs. Allen, Ashley, Atchison, Atherton, Benton, Bright, Cameron, Cass, Chalmers, Colquitt, Dickinson, Dix, Fairfield, Lewis, Niles, Speight, Sturgeon, Westcott, Yulee.

Those who voted in the negative are,

Messrs. Archer, Bagby, Berrien, Thomas Clayton, John M. Clayton, Corwin, Crittenden, Evans, Greene, Hannegan, Huntington, Jarnagin, Johnson, of Louisiana, McDuffie, Mangum, Miller, Pearce, Pennybacker, Phelps, Turney, Upham.

So the bill was rejected.

On motion by Mr. Turney, to reconsider the last mentioned vote:

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

Mr. Fairfield submitted a letter addressed by the chairman of the Committee on Naval Affairs to the Secretary of the Navy, and a communication from the Secretary of the Navy in reply thereto, relating to the augmentation of the navy: which were ordered to be printed.

The Senate resumed, as in Committee of the Whole, the consideration of the bill (S. 41) providing for an augmentation of the naval force of the United States, and for other purposes: and,

After debate, and the consideration of Executive business, by unanimous consent,

The Senate adjourned.

THURSDAY, January 29, 1846. Link to Annals.

Mr. Corwin presented the petition of Eli Hobbs, in behalf of himself and the other heirs and representatives of George Hobbs, deceased, praying compensation for property taken for the use of the troops of the United States, in the year 1812: which was referred to the Committee of Claims.

0123 123

Mr. Cameron presented three memorials of citizens of the United States, praying that the right of the United States to the Oregon Territory to the latitude of 54 degrees 40 minutes may be insisted on in any settlement which may be effected of that question: which were referred to the Committee on Foreign Relations.

Mr. Dix presented a memorial of citizens of the State of New York, praying the abrogation of the treaties concluded between the United States and the Seneca tribe of Indians in January, 1838, and May, 1842: which was referred to the Committee on Indian Affairs.

Mr. Pennybacker submitted documents relating to the claim of John England, a revolutionary soldier, to a pension: which were referred to the Committee on Pensions.

Mr. Benton presented the petition of James M. White and others, heirs and legal representatives of John Smith, T. deceased, praying permission to enter at the minimum price a quantity of public land equal to that to which they are entitled by virtue of a French concession: which was referred to the Committee on Public Lands.

Mr. Yulee presented the memorial of Orlando S. Rees, praying indemnity for the destruction of his property by the Seminole Indians in the year 1836: which was referred to the Committee of Claims.

On motion by Mr. Atchison,

Ordered , That the petition of citizens of Bates county, Missouri, in relation to a grant of land for a county seat, on the files of the Senate, be referred to the Committee on Public Lands.

On motion by Mr. Archer,

Ordered , That the president and directors of the Tredegar Iron Company have leave to withdraw their memorial and papers.

On motion by Mr. Bagby,

Ordered , That George S. Gaines have leave to withdraw his petition and papers.

On motion by Mr. Breese,

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

Mr. Pearce submitted the following resolution for consideration:

Resolved , That the Committee on the Library be instructed to inquire into the expediency of causing to be published, for the use of the government of the United States, one hundred and fifty additional copies of the scientific works of the exploring expedition, now in course of preparation and publication.

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

Resolved , That the Committee on Agriculture be instructed to inquire into the expediency of Congress affording encouragement to citizens of the United States disposed to engage in the cultivation of tropical productions on the peninsula and islands and keys of Florida, by donations of land or otherwise.

Mr. Westcott submitted a report of a committee of the House of Representatives of the State of Florida, and documents accompanying the same: which were referred to the Committee on Agriculture, and ordered to be printed.

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

Resolved , That the Secretary of the Navy be directed to communicate 0124 124 to the Senate all the information in his possession relative to the present means of naval defence on the northern lakes; and also the best plan of providing for the “common defence” in that quarter, whether by a ship canal from the Illinois river to lake Michigan, or otherwise.

On motion by Mr. Crittenden,

Ordered , That the petition of James D. Cobb, on the files of the Senate, be referred to the Committee on Military Affairs.

On motion by Mr. Woodbridge,

Ordered , That the report of the Secretary of War made the 20th of January, be referred to the Committee on Military Affairs, and printed.

The Senate proceeded to consider the resolution submitted the 26th instant by Mr. Webster, respecting any correspondence, since the last communication of the President, on the subject of Oregon: and the resolution was agreed to.

Agreeably to notice, Mr. Dix asked and obtained leave to bring in a bill (S. 66) for the relief of Sally Rockwood: which was read the first and second times, by unanimous consent, and referred to the Committee on Pensions.

Mr. Dix also submitted documents relating to the claim of Sally Rockwood: which were referred to the Committee on Pensions.

The Senate proceeded to consider the report of the Committee on Naval Affairs on the memorial of David R. Porter, in behalf of Evelina Porter: and, in concurrence therewith,

Resolved , That the prayer of the petitioner ought not to be granted.

The Senate proceeded to consider the report of the Committee on Pensions on the petition of Talcot Reed: and, in concurrence therewith,

Resolved , That the prayer of the petitioner be not granted.

The Senate proceeded to consider the report of the Committee of Claims on the petition of Amos Holton: and, in concurrence therewith,

Resolved , That the committee be discharged from the further consideration of the subject.

The Senate proceeded to consider the report of the Committee on Pensions on the petition of Clara R. Cobb: and, in concurrence therewith,

Resolved , That the prayer of the petitioner ought not to be granted.

The Senate proceeded to consider the report of the Committee on Pensions on the petition of Zadok Huntley: and, in concurrence therewith,

Resolved , That the prayer of the petitioner ought not to be granted.

The bill (S. 63) for the relief of Charles G. Page having been reported by the committee correctly engrossed, was read a third time.

Resolved , That this bill pass, and that the title thereof be “An act for the relief of Charles G. Page.”

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

The resolution (S. 8) proposing an amendment to the constitution of the United States, was read the second time.

On motion by Mr. Bagby,

Ordered , That the further consideration thereof be postponed to, and made the order of the day for, Monday the 2d day of March next.

The Senate resumed, as in Committee of the Whole, the consideration of the bill (S. 41) providing for an augmentation of the naval force of the United States: and,

After debate,

0125 125

On motion by Mr. Westcott,

That the Senate adjourn:

It was determined in the affirmative,

Yeas, 27

Nays, 17

On motion by Mr. Dickinson,

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

Those who voted in the affirmative are,

Messrs. Archer, Atchison, Barrow, Benton, Berrien, Calhoun, Thomas Clayton, John M. Clayton, Corwin, Crittenden, Davis, Evans, Greene, Hannegan, Huntington, Jarnagin, Johnson, of Louisiana, McDuffie, Mangum, Miller, Pearce, Speight, Upham, Webster, Westcott, Woodbridge, Yulee.

Those who voted in the negative are,

Messrs. Allen, Atherton, Bagby, Breese, Cameron, Chalmers, Dickinson, Dix, Fairfield, Lewis, Niles, Pennybacker, Phelps, Semple, Sevier, Sturgeon, Turney.

Whereupon,

The Senate adjourned.

MONDAY, February 2, 1846. Link to Annals.

The Vice President laid before the Senate a report of the Secretary of the Navy, made agreeably to law, accompanied by statements of the contracts made by the several bureaus of that department during the fiscal year ending June 30, 1846: which was read.

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

The Vice President laid before the Senate a report of the Secretary of War, made agreeably to law, exhibiting the expenses of the national armories, and the number of arms manufactured at the same, during the year ending the 30th June, 1845: which was read, and referred to the Committee on Military Affairs.

Mr. Westcott presented resolutions passed by the legislature of the State of Florida, relative to the appointment of a commissioner on the part of the United States, to act with the commissioners on the part of the States of Georgia, Alabama, and Florida, in running and marking the boundary line between those States; which, with documents submitted by Mr. Westcott in relation to the subject, were referred to the Committee on the Judiciary, and ordered to be printed.

Mr. Calhoun presented the memorial of M. H. De Leon, executor of Thomas Cooper, deceased, praying the reimbursement of the fine and costs incurred under the sedition act in the year 1800: which was referred to the Committee on the Judiciary.

Mr. Calhoun presented the petition of Peter Von Schmidt, praying compensation for a model of a pneumatic dry dock, constructed, by direction of the Secretary of State, for the use of the mission to China: which was referred to the Committee of Claims.

Mr. Miller presented resolutions passed by the legislature of the State of New Jersey, requesting the Senators and Representatives of that State in Congress to use their efforts to prevent the repeal of the act of March 2, 1837, concerning pilots: which were referred to the Committee on Commerce, and ordered to be printed.

0126 126

Mr. Miller presented a petition of citizens of Jersey city, New Jersey, praying the establishment of a port of entry at that place: which was referred to the Committee on Commerce.

Mr. Thomas Clayton presented the petition of John Jones, surviving partner of Jones and Souder, praying compensation for work performed and materials furnished in the construction of a wall around the Pea Patch island, under a contract with the United States: which was referred to the Committee of Claims.

Mr. Dickinson presented the petition of James Hamilton and P. Schuyler, praying the purchase by the government, for the use of the navy, of their right to an improvement in machinery for curvilinear and compound bevel sawing: which was referred to the Committee on Naval Affairs.

Mr. Upham presented the petition of Samuel Simpson, a soldier in the last war with Great Britain, praying a pension: which was referred to the Committee on Pensions.

Mr. Sturgeon presented a resolution passed by the legislature of the State of Pennsylvania, requesting the Senators and Representatives of that State in Congress to use their exertions to prevent any increase in the existing rates of postage.

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

Mr. Sturgeon presented resolutions passed by the legislature of the State of Pennsylvania, requesting the Senators and Representatives of that State in Congress to use their exertions to procure the construction of a macadamized road from the United States arsenal at Pittsburg to the harbor at Erie.

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

Mr. Sturgeon presented a resolution passed by the legislature of the State of Pennsylvania, requesting the Senators and Representatives of that State in Congress to use their exertions to procure the necessary appropriations for the repair and preservation of the piers at Marcus Hook, in the Delaware river.

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

Mr. Dix presented four petitions of ship-masters and seamen engaged in navigation on the lakes, praying the completion and lighting of the harbor of Cattaraugus, on lake Erie: which were referred to the Committee on Commerce.

Mr. Breese presented a memorial of a convention assembled at Rockford, Illinois, praying the establishment of a naval depot and marine hospital at Chicago, and the fortification of the straits of Mackinac: which was referred to the Committee on Naval Affairs.

Mr. Berrien presented resolutions passed by the legislature of the State of Georgia; declaring their assent to the principles of federal representation as they exist in the constitution, and their opposition to certain resolutions of the legislature of the State of Massachusetts, praying an alteration of the constitution in that respect.

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

Mr. Berrien presented a report of a committee of the legislature of the State of Georgia, accompanied by a resolution which passed that body in relation to difficulties between the State of Massachusetts and the States of Louisiana and South Carolina, arising out of an alleged interference of the former with the domestic institutions of the latter States.

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

0127 127

Mr. Davis presented a petition of citizens of Meadville, Pennsylvania, praying the adoption of measures for securing to the Indian tribes inhabiting the Oregon Territory the undisturbed possession of their country: which was referred to the Committee on Indian Affairs.

Mr. Atherton presented a petition of citizens of Portsmouth, New Hampshire, praying that the existing difficulties between the United States and the government of Great Britain may be settled by negotiation, and that provision may be made, in all treaties hereafter entered into between the United States and foreign powers, for the peaceful adjustment of any difficulties which may arise: which was referred to the Committee on Foreign Relations.

Mr. Corwin presented a resolution passed by the legislature of the State of Ohio, requesting the Senators and Representatives of that State in Congress to use their efforts to procure the confirmation of the titles of the purchasers of certain lands sold by that State as school lands: which was referred to the Committee on Private Land Claims.

Mr. Greene presented resolutions passed by the legislature of the State of Rhode Island, requesting the Senators and Representatives of that State in Congress to oppose any measure for the increase of the existing rates of postage: which were referred to the Committee on the Post Office and Post Roads.

Mr. Greene presented resolutions passed by the legislature of the State of Rhode Island, declaring their assent to the principles on which the tariff of 1842 was adopted, and their opposition to any change in its details not called for by the wants of the country: which were referred to the Committee on Manufactures.

Mr. Dix presented a petition of citizens of Oneida county, New York, praying the abrogation of the treaties concluded between the United States and the Seneca Indians the 15th December, 1838, and the 20th May, 1842: which was referred to the Committee on Indian Affairs.

Mr. Allen presented the petition of George Wingard, a soldier in the last war with Great Britain, praying a pension: which was referred to the Committee on Pensions.

Mr. McDuffie presented the petition of Milledge Galphin, legal representative of George Galphin, deceased, praying the settlement of his claims for merchandise furnished by his ancestor, a licensed trader, to the Creek and Cherokee Indians, for which provision was made by a treaty between those Indians and the governor of Georgia in 1773, which failed to be executed in consequence of the breaking out of the revolutionary war: which was referred to the Committee on the Judiciary.

Mr. Westcott 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 appointment of a commissioner to act on the part of the United States, in the settlement of the boundary lines between the States of Georgia and Florida and the States of Alabama and Florida, and of providing for the payment of the expenses of settling said lines.

Mr. Yulee submitted the following resolution for consideration:

Resolved , That the Secretary of the Navy be instructed to prepare and report to the Senate estimates for the commencement of a dry dock at 0128 128 Pensacola, upon the plan recommended by a board of officers appointed under an act of Congress of June 17, 1844.

Mr. John M. Clayton submitted the following resolution for consideration:

Resolved , That the Secretary of the Navy be directed to communicate to the Senate such information as he can obtain in regard to the extent of the naval power of each of the maritime nations of the world, with the tonnage, number of merchant ships and vessels, and the aggregate amount of the commerce of each.

Mr. John M. Clayton submitted the following resolution for consideration:

Resolved , That the Secretary of the Treasury be directed to communicate to the Senate such information as he can obtain, on the expediency of providing by law that ships and vessels navigating the river Delaware shall carry lights to avoid the danger of collision.

A message from the House of Representatives, by Mr. French, their Clerk:

Mr. President: The House of Representatives have passed the bill (S. 34) from the Senate entitled “An act establishing certain post routes.”

They have passed a bill (H. R. 128) relative to collectors and other officers of the customs; in which they request the concurrence of the Senate.

Mr. Bagby, from the Committee on Indian Affairs, to whom was referred the memorial of John Crowell, reported a bill (S. 67) to authorize the settlement of the accounts of John Crowell: which was read, and passed to the second reading.

Mr. Clayton, from the select committee to whom the several memorials relating to the subject were referred, reported a bill (S. 68) to provide for the ascertainment of claims of American citizens for spoliations prior to the 31st day of July, one thousand eight hundred and one: which was read, and passed to the second reading.

Mr. Jarnagin, from the Committee on Indian Affairs, to whom was referred a resolution respecting the relations between the United States and the Indian tribes, reported a joint resolution (S. R. 10) for statements touching the relations between the United States and the Indian tribes: which was read, and passed to the second reading.

Mr. Dickinson, from the Committee of Claims, to whom was referred the petition of Edward D. Tippett, submitted an adverse report: which was ordered to be printed.

On motion by Mr. Pennybacker,

Ordered , That the Committee of Claims be discharged from the further consideration of the petition of Caleb Green, and that it be referred to the Committee on the Judiciary.

Mr. Pennybacker, from the Committee of Claims, to whom was referred the memorial of Edward Bolon, submitted an adverse report: which was ordered to be printed.

Mr. Pennybacker, from the Committee of Claims, to whom was referred the petition of Scott, White, and Company, submitted an adverse report: which was ordered to be printed.

Mr. Dickinson, from the Committee of Claims, to whom was referred the petition of William Morrow, submitted an adverse report: which was ordered to be printed.

0129 129

On motion by Mr. Turney,

Ordered , That the Committee of Claims be discharged from the further consideration of the petition of Charles F. Sibbald, and that it be referred to the Committee on the Judiciary.

Mr. Turney, from the Committee of Claims, to whom the documents relating to the claim of Loomis and Gay were referred, reported a bill (S. 69) in addition to an act for the relief of Walter Loomis and Abel Gay: which was read, and passed to the second reading.

Mr. Ashley, from the Committee on the Judiciary, to whom was referred a memorial of members of the bar of the county of Washington, in the District of Columbia, and of the grand jury for the same, reported a bill (S. 70) to repeal the act requiring one of the judges of the circuit court for the District of Columbia hereafter to reside in Alexandria: which was read, and passed to the second reading.

Mr. Atchison, from the Committee on Indian Affairs, to whom was referred the petition of Elijah White, submitted a report, accompanied by a bill (S. 71) to allow to Elijah White additional compensation for services, and reimbursement of expenses, incurred as acting sub-Indian agent west of the Rocky mountains.

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

Ordered , That the report be printed.

Mr. Phelps, from the Committee on Patents, to whom was referred the petition of the executrix and executors of Jethro Wood, reported a bill (S. 72) to further extend the patent of Jethro Wood: which was read, and passed to the second reading.

Mr. Phelps, from the Committee on Patents, to whom was referred the memorial of Ross Winans, reported a bill (S. 73) for his relief: which was read, and passed to the second reading.

On motion by Mr. Jarnagin,

Ordered , That the Committee on Indian Affairs be discharged from the further consideration of the memorial of William H. Thomas, and the petition of citizens of North Carolina, in favor of the allowance of certain claims arising under the Cherokee treaty of 1835–'36.

The bill from the House of Representatives (H. R. 128) relative to collectors and other officers of the customs, was read the first and second times, by unanimous consent, and referred to the Committee on Commerce.

The Senate resumed, as in Committee of the Whole, the consideration of the bill (S. 37) to pay the debt ascertained to be due to Texas, when an independent State, by the United States.

On motion by Mr. Evans, to amend the bill by striking out all after the enacting clause, and inserting the following:

“ That there be paid to the State of Texas the sum of one thousand nine hundred and seventy-five dollars, being the amount of the value of certain arms taken, by an officer of the United States from a body of Texas volunteers, under the command of Colonel Snively, in the month of June , 1843:”

It was determined in the affirmative,

Yeas, 23

Nays, 20

On motion by Mr. Sevier,

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

Those who voted in the affirmative are,

Messrs. Barrow, Berrien, Bright, Thomas Clayton, John M. Clayton, 9 0130 130 Corwin, Crittenden, Davis, Evans, Fairfield, Greene, Huntington, Jarnagin, Johnson, of Louisiana, McDuffie, Mangum, Miller, Niles, Pearce, Phelps, Simmons, Upham, Woodbridge.

Those who voted in the negative are,

Messrs. Allen, Ashley, Atchison, Atherton, Bagby, Breese, Calhoun, Cass, Chalmers, Dickinson, Dix, Hannegan, Lewis, Pennybacker, Sevier, Speight, Sturgeon, Turney, Westcott, Yulee.

No further amendment being made, the bill was reported to the Senate.

On motion by Mr. Sevier,

Ordered , That the bill lie on the table.

Mr. Dix, from the Committee on Commerce, to whom was referred the bill (H. R. 128) relative to collectors and other officers of the customs, reported it without amendment.

After the consideration of Executive business,

The Senate adjourned.

TUESDAY, February 3, 1846. Link to Annals.

The Vice President laid before the Senate a report of the Secretary of War, made agreeably to law, communicating abstracts of the returns of the militia of the several States and Territories, with their arms, accoutrements, and ammunition: which was referred to the Committee on the Militia, and ordered to be printed,

The Vice President laid before the Senate a report of the Secretary of War, communicating, in compliance with a resolution of the Senate, a map of Florida, recently prepared in the bureau of topographical engineers: which was read.

On motion by Mr. Yulee, that the map be engraved:

The further consideration thereof was postponed until to-morrow.

Mr. Archer presented thirteen memorials of citizens of the city and county of Philadelphia, praying that the naturalization laws of the United States may be so amended as to require a residence of twenty-one years previous to acquiring the right of citizenship: which were referred to the Committee on the Judiciary.

Mr. John M. Clayton presented a memorial of masters of vessels at New Castle, Delaware, praying that New Castle and Wilmington may be made a port of entry: which was referred to the Committee on Commerce.

Mr. Dickinson presented three memorials of shipmasters and seamen engaged in navigation on the lakes, praying the completion and lighting of Cattaraugus harbor, on lake Erie: which were referred to the Committee on Commerce.

Mr. Yulee presented the petition of William Marvin, praying the confirmation of his title to a tract of land: which was referred to the Committee on Private Land Claims.

Mr. Yulee presented the petition of Joshua Appleby, praying compensation for property lost in consequence of the destruction of the light-house at Sand Key, of which he was keeper: which was referred to the Committee on Commerce.

Mr. Thomas Clayton presented a memorial of citizens of New Castle, Delaware, praying that New Castle and Wilmington may be made a port of entry: which was referred to the Committee on Commerce.

0131 131

Mr. Dix presented two memorials of shipmasters and seamen engaged in navigation on the lakes, praying the completion and lighting of the harbor of Cattaraugus, on lake Erie: which were referred to the Committee on Commerce.

Mr. Dix presented a petition of citizens of Tioga county, New York, praying the abrogation of the Seneca treaties of December, 1838, and May, 1842: which was referred to the Committee on Indian Affairs.

Mr. Upham presented a petition of citizens of Montpelier, Vermont, praying the adoption of measures for the peaceful adjustment of international difficulties: which was referred to the Committee on Foreign Relations.

Mr. Cass presented the petition of Mary B. Hook, widow of the late James H. Hook, an officer in the army of the United States, praying compensation for services rendered by the deceased in relation to the removal of Indians during the years 1835 and 1836: which was referred to the Committee of Claims.

Mr. Calhoun presented a memorial adopted by a convention assembled at Memphis, Tennessee, praying the aid of the general government for the completion of certain works conducive to the military and naval defence of the United States.

On motion by Mr. Calhoun,

Ordered , That it be referred to a select committee consisting of five members, to be appointed by the Vice President: and

Mr. Calhoun, Mr. Atchison, Mr. Semple, Mr. Barrow, Mr. Chalmers, were appointed the committee.

Mr. Allen presented the memorial of Robert Armstrong and William Armstrong, praying compensation for services performed in the army under. General Wayne in 1793: which was referred to the Committee of Claims.

Mr. Bright submitted additional documents in relation to the memorial of the president and professors of William and Mary College: which, with the memorial on the files of the Senate, were referred to the Committee on Revolutionary Claims.

Mr. Westcott submitted additional documents in relation to the petition of Edward Bolon: which were referred to the Committee of Claims.

Mr. Westcott submitted a document in relation to lands granted to the State of Florida for seminaries of learning and common schools: which was referred to the Committee on Public Lands.

Mr. Westcott submitted a document relative to the disputed boundary line between the State of Florida and the States of Alabama and Georgia: which was referred to the Committee on the Judiciary.

On motion by Mr. Archer,

Ordered , That the heirs of John Tebbs have leave to withdraw their petition and papers.

On motion by Mr. Sturgeon,

Ordered , That Samuel Grice have leave to withdraw his petition and papers.

On motion by Mr. Speight,

Ordered , That the heirs of David Hopkins have leave to withdraw their petition and papers.

On motion by Mr. Bright,

Ordered , That Mr. Semple be excused from serving on the Committee on Revolutionary Claims.

0132 132

On motion by Mr. Thomas Clayton,

Ordered , That a member be appointed by the Vice President, on the Committee on Revolutionary Claims, in the place of Mr. Semple, excused: and

Mr. Phelps was appointed.

Mr. Bright reported from the committee that they had examined and found duly enrolled the bill (S. 34) establishing certain post routes.

Mr. Johnson, of Louisiana, from the Committee on Pensions, to whom was referred the bill (S. 17) granting a pension to Joseph Morrison, reported it without amendment.

Mr. Johnson, of Louisiana, also submitted a report on the subject: which was ordered to be printed.

On motion by Mr. Johnson, of Louisiana,

Ordered , That the Committee on Pensions be discharged from the further consideration of the petition of James Low, and that it be referred to the Committee on Naval Affairs.

Mr. Jarnagin, from the Committee on Indian Affairs, to whom the documents relating to the claim of A. R. S. Hunter were referred, submitted an adverse report: which was ordered to be printed.

Mr. Hannegan, from the Committee on Roads and Canals, to whom was referred the bill (S. 2) to provide for the improvement of the navigation of the rivers Ohio, Mississippi, Missouri, and Arkansas, reported it with amendments.

Mr. Breese, from the Committee on the Judiciary, to whom was referred the bill (S. 48) to amend the act entitled “An act for the regulation of seamen on board the public and private vessels of the United States, passed May 3, 1813” reported it without amendment.

Mr. Breese also submitted a report on the subject: which was ordered to be printed.

On motion by Mr. Fairfield,

Ordered , That the Committee on Naval Affairs be discharged from the further consideration of the memorial of Jonathan Thompson and others, of the city of New York, and that it be referred to the Committee on Commerce.

Mr. Fairfield, from the Committee on Naval Affairs, to whom was referred the petition of Henry Etting, reported a bill (S. 74) for his relief; and also, submitted a report on the subject: which was ordered to be printed.

On motion by Mr. Turney,

Ordered , That the Committee of Claims be discharged from the further consideration of resolutions, of the General. Assembly of Georgia, relating to the payment of claims for the services of the militia of that State, and that they be referred to the Committee on Military Affairs.

On motion by Mr. Turney,

Ordered , That the Committee of Claims be discharged from the further consideration of the memorial of Frederick Vincent, administrator of James Le Caze, and that it be referred to the Committee on Revolutionary Claims.

The Senate proceeded to consider the resolution submitted by Mr. Pearce the 29th January, respecting the publication of additional copies of the scientific works of the exploring expedition: and the resolution was agreed to.

The Senate proceeded to consider the resolution submitted by Mr. Yulee 0133 133 the 2d instant, in relation to a dry dock at Pensacola: and the resolution was agreed to.

The Senate proceeded to consider the resolution submitted by Mr. J. M. Clayton the 2d instant, relating to the carrying of lights by vessels navigating the river Delaware: and the resolution was agreed to.

The Senate proceeded to consider the resolution submitted by Mr. J. M. Clayton the 2d instant, relating to the naval power, tonnage, merchant vessels, and commerce of maritime nations: and the resolution was agreed to.

The Senate proceeded to consider the report of the Committee on Pensions on the petition of Lydia Lush: and, in concurrence therewith,

Resolved , That the prayer of the petitioner be not granted.

The Senate proceeded to consider the report of the Committee on Pensions on the petition of William Nichols: and, in concurrence therewith,

Resolved , That the prayer of the petitioner be not granted.

On motion by Mr. Bright,

The Senate resumed the consideration of the bill (S. 37) to pay the debt ascertained to be due to Texas when an independent State.

On motion by Mr. Bright, to reconsider the vote on the amendment proposed by Mr. Evans:

It was determined in the affirmative,

Yeas, 22

Nays, 22

On motion by Mr. Evans,

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

Those who voted in the affirmative are,

Messrs. Allen, Archer, Ashley, Atherton, Benton, Breese, Bright, Calhoun, Cass, Chalmers, Colquitt, Dickinson, Dix, McDuffie, Pennybacker, Semple, Sevier, Speight, Sturgeon, Turney, Westcott, Yulee.

Those who voted in the negative are,

Messrs. Atchison, Barrow, Berrien, Thomas Clayton, John M. Clayton, Corwin, Crittenden, Davis, Dayton, Evans, Greene, Hannegan, Huntington, Jarnagin, Johnson, of Louisiana, Miller, Niles, Pearce, Phelps, Simmons, Upham, Woodbridge.

The Senate being equally divided, the Vice President determined the question in the affirmative.

After the consideration, by unanimous consent, of Executive business,

The Senate adjourned.

WEDNESDAY, February 4, 1846. Link to Annals.

Mr. Johnson, of Maryland, presented a memorial of citizens of Philadelphia, Pennsylvania, praying the adoption of measures for the peaceful adjustment of all international difficulties: which was referred to the Committee on the Judiciary.

Mr. Johnson, of Maryland, presented the memorial of Thomas Wilson, praying payment of the award made in his favor by the commissioners under the convention with Mexico: which was referred to the Committee on Foreign Relations.

Mr. Cass presented the petition of John Bronson, praying compensation for property taken by the enemy during the last war with Great Britain: which was referred to the Committee of Claims.

Mr. Cass presented the petition of Simon Rouseau, praying the right of 0134 134 pre-emption to a tract of land in the State of Michigan: which was referred to the Committee on Private Land Claims.

Mr. Cass presented a petition of citizens of the State of Michigan, remonstrating against the admission of Texas into the Union with a constitution tolerating slavery.

Ordered , That it lie on the table.

Mr. Sturgeon presented the memorial of Louisa Livingston, Thomas P. Barton, and others, praying payment of the awards made in their favor by the commissioners under the convention between the United States and Mexico: which was referred to the Committee on Foreign Relations, and ordered to be printed.

Mr. Dickinson presented three memorials of ship-masters and seamen engaged in navigation on the lakes, praying the completion and lighting of the harbor of Cattaraugus, on lake Erie: which were referred to the Committee on Commerce.

Mr. Benton presented a petition of officers of the army, praying the legislation of Congress on the subject of brevet and staff rank in the army: which was referred to the Committee on Military Affairs.

On motion by Mr. Woodbridge,

Ordered , That Julius Eldred and Sons have leave to withdraw their petition and papers.

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

Resolved , That the Committee on Pensions be instructed to inquire into the expediency of placing Lieutenant Thomas Hall on the United States pension list.

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

Resolved , That the Committee on the Post Office and Post Beads inquire into the expediency of establishing a mail route from St. Joseph, in the county of Berrien, and State of Michigan, to Milwaukie, in the Territory of Wisconsin, with leave to report by bill or otherwise.

Mr. Pennybacker having been on his motion, excused from serving on the Committee on Private Land Claims:

On motion by Mr. Yulee,

Ordered , That a member be appointed by the Vice President, in the place of Mr. Pennybacker.

A message from the House of Representatives, by Mr. French, 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 Vice President signed the enrolled bill (S. 34) last reported to have been examined, and it was delivered to the committee to be presented to the President of the United States.

Mr. Benton, from the Committee on Finance, to whom was referred the bill (S. 45) to repeal the act laying a duty on imported salt, and granting certain fishing bounties and allowances to fishing vessels in lieu of a drawback of the duties paid on foreign salt used on fish exported, reported it without amendment.

On motion by Mr. Benton,

Ordered , That the documents accompanying the bill be printed.

0135 135

Mr. Niles, from the Committee on the Post Office and Post Roads, reported a joint resolution (S. R. 11) providing for temporary mail service in Texas: which was read, and passed to the second reading.

Agreeably to notice, Mr. Yulee asked and obtained leave to bring in a bill (S. 75) to repeal the second section of “An act repealing certain acts of the Legislative Council of Florida:” which was read the first and second times, by unanimous consent, and referred to the Committee on the Judiciary.

The Senate proceeded to consider the report of the Committee of Claims on the memorial of Edward Bolon: and,

On motion by Mr. Westcott,

Ordered , That it lie on the table.

The Senate proceeded to consider the report of the Committee of Claims on the petition of Scott, White, and Company: and, in concurrence therewith,

Ordered , That the committee be discharged from the further consideration of the petition.

The Senate resumed, as in Committee of the Whole, the consideration of the bill (S. 38) for the relief of Nathaniel Goddard and others: 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, 22

On motion by Mr. Turney,

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

Those who voted in the affirmative are,

Messrs. Archer, Bagby, Barrow, Berrien, Cameron, Thomas Clayton, John M. Clayton, Corwin, Crittenden, Davis, Dayton, Evans, Greene, Huntington, Jarnagin, Johnson, of Maryland, Johnson, of Louisiana, Mangum, Miller, Pearce, Phelps, Simmons, Upham, Webster, Westcott, Woodbridge.

Those who voted in the negative are,

Messrs. Allen, Atchison, Atherton, Benton, Breese, Calhoun, Cass, Chalmers, Colquitt, Dickinson, Dix, Fairfield, Hannegan, Lewis, McDuffie, Niles, Pennybacker, Semple, Sevier, Speight, Sturgeon, Turney.

So it was

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

After the consideration of Executive business,

The Senate adjourned.

THURSDAY, February 5, 1846. Link to Annals.

Mr. Speight presented the credentials of the honorable Joseph W. Chalmers, elected a Senator by the legislature of the State of Mississippi to fill the unexpired term of the honorable Robert J. Walker, resigned: which were read; and the oath prescribed by law was administered to Mr. Chalmers.

Mr. Benton submitted a document in relation to brevet and staff rank in the army: which was referred to the Committee on Military Affairs.

Mr. Dayton presented a petition of Abraham W. Smith and others, praying the recognition, by the United States, of the independence of the republic of Liberia: which was referred to the Committee on Foreign Relations.

0136 136

Mr. Cameron presented the petition of the legal representative of John Brooks, senior, deceased, an officer in the revolutionary army, praying to be allowed commutation pay: which was referred to the Committee on Revolutionary Claims.

Mr. Cameron presented the petition of George Wentling, an officer in the revolutionary war, praying a pension: which was referred to the Committee on Pensions.

Mr. Dickinson presented the petition of J. W. Nye, assignee of Peter Bargy and Hugh Stewart, praying remuneration for losses sustained by Bargy and Stewart in fulfilling a contract for macadamizing Pennsylvania avenue, in the city of Washington, in the year 1832: which was referred to the Committee of Claims.

Mr. Dickinson presented the petition of Oliver C. Harris, praying an extension of his patent for a paint mill: which was referred to the Committee on Patents and the Patent Office.

Mr. Dickinson presented the petition of Richard Moon, praying the completion and lighting of the harbor of Cattaraugus, on lake Erie: which was referred to the Committee on Commerce.

Mr. Barrow presented the memorial of Calvin J. Keith, administrator of Samuel Elkins, deceased, and the heir and legal representative of Nathaniel Cox, deceased, praying payment of the awards made in their favor by the commissioners under the convention between the United States and Mexico: which was referred to the Committee on Foreign Relations, and ordered to be printed.

On motion by Mr. Johnson, of Louisiana,

Ordered , That the petition of the Mexican Gulf Railway Company, on the files of the Senate, be referred to the Committee on Finance.

On motion by Mr. Cameron,

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

Mr. Yulee submitted the following resolution for consideration:

Resolved , That the Secretary of War be instructed to report what progress has been made in the construction of fortifications at Key West and the straits of Florida, and to furnish the necessary estimates for a rapid progress of said works.

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

Resolved , That the 47th rule of the Senate be so amended as to admit on the floor of the Senate the ex-officers of the Senate.

On motion by Mr. Breese,

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

Agreeably to notice, Mr. Bagby asked and obtained leave to bring in a bill (S. 76) to authorize the President to increase the naval establishment of the United States by adding thereto the naval establishment of the late republic of Texas: which was read the first and second times, by unanimous consent, and referred to the Committee on Naval Affairs.

Mr. Benton, from the Committee on Military Affairs, to whom was referred the petition of Bent, St. Vrain, and Company, submitted a report, accompanied by a bill (S. 77) for their relief.

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

Ordered , That the report be printed.

Mr. Chalmers, from the Committee on Public Lands, to whom was referred 0137 137 the bill (H. R. 20) to legalize certain land sales made at Chocchuma and Columbus, in the State of Mississippi, and to indemnify the Chickasaws therefor, reported it without amendment.

Mr. Breese, from the Committee on Public Lands, to whom was referred the bill (S. 61) for the relief of Benjamin Harris, of La Salle county, State of Illinois, reported it without amendment.

Mr. Breese also submitted a report on the subject: which was ordered to be printed.

A message from the House of Representatives, by Mr. French, their Clerk:

Mr. President: The House of Representatives have passed a bill (H. R. 180) making an appropriation to enable the President of the United States to receive from the State of Texas the cession of certain property; in which they request the concurrence of the Senate.

The bill last mentioned from the House of Representatives was read the first and second times, by unanimous consent.

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

The Senate proceeded to consider, as in Committee of the Whole, the bill (H. R. 128) relative to collectors and other officers of the customs: 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 this bill pass.

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

The Senate resumed, as in Committee of the Whole, the consideration of the bill (S. 41) providing for an augmentation of the naval force of the United States, and for other purposes: and,

After debate, and the consideration, by unanimous consent, of Executive business,

The Senate adjourned.

MONDAY, February 9, 1846. Link to Annals.

The Hon. James T. Morehead, from the State of Kentucky, attended.

The Vice President presented the proceedings of the board of commissioners of the district of Kensington, in the county of Philadelphia, in favor of the construction of a dry dock in that district: which were referred to the Committee on Commerce.

Mr. Turney presented the memorial of Joel M. Smith, praying compensation for his services as pension agent at Nashville, Tennessee: which was referred to the Committee on Pensions.

Mr. Breese presented the petition of William B. Slaughter, late secretary of the Territory of Wisconsin, praying indemnity for the loss he has sustained in consequence of the failure of a bank in which he had deposited public money: which was referred to the Committed on the Territories.

Mr. Breese presented the proceedings of a meeting of citizens of Belleville and its vicinity, in the State of Illinois, in favor of the claim of the United States to the Territory of Oregon; and of giving to the British government the notice provided for in the second article of the convention of 1827: which were ordered to be printed.

Mr. Woodbridge presented a memorial of citizens of the State of Michigan, praying an increase of the duty on soda ash and sal soda, and the 0138 138 imposition of a duty on imported barilla: which was referred to the Committee on Finance.

Mr. Davis presented the memorial of the American Peace Society, praying the adoption of measures for insuring the peaceful adjustment of all international difficulties: which was referred to the Committee on Foreign Relations.

Mr. Dickinson presented the petition of Elijah Buchanan, a soldier in the last war with Great Britain, praying a pension: which was referred to the Committee on Pensions.

Mr. Dickinson presented the petition of Hector St. John Beetley, a soldier in the last war with Great Britain, praying a pension: which was referred to the Committee on Pensions.

Mr. Cass presented a petition of citizens of Michigan, praying that the fight to settle on the public lands may be extended to such of the citizens of the United States as are not already possessed of other lands.

Ordered , That it lie on the table.

Mr. Cass presented a memorial of citizens of Cayuga county, New York, praying the abrogation of the treaties of December, 1838, and May, 1842, with the Seneca Indians: which was referred to the Committee on Indian Affairs.

Mr. Cameron presented a memorial of merchants and others, citizens of Philadelphia, praying the construction of harbors on the eastern side of Reedy island and at Bomba hook, in the Delaware river: which was referred to the Committee on Commerce.

Mr. Cameron presented a memorial of citizens of Pennsylvania, praying the erection of a light-house on the Brandywine shoals, in the Delaware river: which was referred to the Committee on Commerce.

Mr. Cameron presented the petition of Harriet Ward, widow of Joseph Ward, deceased, a gunner's mate in the naval service praying a pension: which was referred to the Committee on Naval Affairs.

Mr. Cameron presented resolutions passed by the legislature of the State of Pennsylvania, requesting the Senators and Representatives of that State in Congress to urge on the general government the expediency of making appropriations for improving the navigation of the Alleghany, Ohio, and Mississippi rivers: which were ordered to be printed.

Mr. Cameron presented a resolution passed by the legislature of the State of Pennsylvania, in favor of an appropriation by Congress for repairing the piers at Marcus Hook, in the Delaware river.

Ordered , That it lie on the table.

Mr. Cameron presented resolutions passed by the legislature of the State of Pennsylvania, in favor of the construction of a road from the United States arsenal at Pittsburg to the harbor at Erie.

Ordered , That they tie on the table.

Mr. Cameron presented a resolution passed by the legislature of the State of Pennsylvania, requesting the Senators and Representatives of that State in Congress to use their exertions to prevent any increase of the present rates of postage.

Ordered , That it lie on the table.

Mr. Dix presented three petitions of citizens of New York, praying the abrogation of the Seneca treaties of December, 1838, and May, 1842: which were referred to the Committee on Indian Affairs.

Mr. Johnson, of Louisiana, presented the memorial of the heirs and legal representatives of Louis de la Houssaye, deceased, praying the confirmation 0139 139 of their title to certain lands in the State of Louisiana: which was referred to the Committee on Private Land Claims.

Mr. Allen presented the petition of Nahum Ward, treasurer of the Ohio Company, praying the payment of certain outstanding loan office certificates: which was referred to the Committee on the Judiciary.

Mr. Sevier presented a petition of James A valine and others, praying the adoption of measures for expediting the removal of the Miami nation of Indians from the State of Indiana, and for the payment of the debts due by the Miami Indians to citizens of the United States: which was referred to the Committee on Indian Affairs.

Mr. Dix presented a petition of citizens of Livingston county, New York, praying the abrogation of the treaties of December, 1838, and May, 1842, with the Seneca Indians: which was referred to the Committee on Indian Affairs.

Mr. Westcott presented the petition of the executor of Benjamin Chaires, deceased, Gad Humphreys, and Pedro Miranda, praying permission to locate a tract of land held under a Spanish grant: which was referred to the Committee on the Judiciary.

On motion by Mr. Atherton,

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

On motion by Mr. Cameron,

Ordered , That the heirs of John Houston, deceased, have leave to withdraw their petition and papers.

Mr. Cass submitted the following resolution for consideration:

Resolved , That the Secretary of the Navy be instructed to report to the Senate whether any naval armament is necessary upon lake Superior, and, if any, to what extent; and what is the best and most economical mode of providing for the naval defence of that part of the United States.

Mr. Woodbridge submitted the following resolution for consideration:

Resolved , That the Secretary of the Navy report to the Senate such information as may remain in his department, concerning the fitness of the harbor at the mouth of Grand river, in the State of Michigan, for a naval depot; together with such views and comments as may seem to him appropriate, relative to the expediency of establishing at that place, or elsewhere in said State of Michigan, such naval depot.

A message from the President of the United States, by Mr. Walker, his secretary:

Mr. President: The President of the United States approved and signed the 6th instant, the bill entitled “An act to establish certain post routes.”

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

To the Senate of the United States:

In compliance with the request of the Senate, in their resolution of the 29th January last, I herewith communicate a report from the Secretary of State, with the accompanying correspondence, which has taken place between the Secretary of State and the minister of the United States at London, and between the government of the United States and that of England, on the “subject of Oregon,” since my communication of the 2d of December last was made to Congress.

JAMES K. POLK.

Washington , February 7, 1846.

0140 140

The message was read.

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

Mr. Jarnagin, from the Committee on Indian Affairs, to whom was referred the petition of Lewis Evans, submitted an adverse report: which was ordered to be printed.

Mr. Jarnagin, from the Committee on Indian Affairs, to whom was referred the petition of John A. Ragan, submitted an adverse report: which was ordered to be printed.

Mr. Atherton, from the Committee on Printing, to whom was referred a resolution submitted the 13th instant, providing for printing the message of the President of the United States of the 13th September, 1841, transmitting copies of correspondence touching the convention between the United States and the kingdom of Sardinia, with the accompanying documents, reported thereon.

The Senate proceeded to consider the resolution; and it was agreed to.

Mr. Niles, from the Committee on the Post Office and Post Roads, who were instructed to inquire whether any, and what legislation by Congress is necessary to enforce the provision of the act approved 3d of March, 1845, establishing a post route between the cities of Savannah, in the State of Georgia, and Charleston, in the State of South Carolina, by sea, submitted a report: which was read.

On motion by Mr. Phelps,

Ordered , That the Committee on Indian Affairs be discharged from the further consideration of documents relating to the claims of Reuben E. Gentry and others.

Mr. Pearce, by unanimous consent, asked and obtained leave to bring in a joint resolution (S. R. 12) to authorize the transmission and presentation of books to the minister of justice of France, in exchange for books received from him: which was read the first and second times, by unanimous consent, and referred to the Committee on the Library.

Mr. Jarnagin reported from the committee that they had examined and found duly enrolled the bill (H. R. 128) relative to collectors and other officers of the customs.

The Senate proceeded to consider the resolution submitted by Mr. Yulee the 5th instant, relating to fortifications at Key West and the straits of Florida: and the resolution was agreed to.

The Senate proceeded to consider the report of the Committee of Claims on the memorial of Joseph Radcliff: and, in concurrence therewith,

Ordered , That the committee be discharged from the further consideration of the subject.

The Senate proceeded to consider the report of the Committee of Claims on the petition of William Morrow: and, in concurrence therewith,

Resolved , That the prayer of the petitioner ought not to be granted.

The Senate proceeded to consider the report of the Committee of Claims on the petition of Edward D. Tippett: and, in concurrence therewith,

Resolved , That the prayer of the petitioner be not granted.

The Senate proceeded to consider the report of the Committee on Indian Affairs on the claim of Archibald R. S. Hunter: and, in concurrence therewith,

Resolved , That the claim of Archibald R. S. Hunter, for supplies furnished the Cherokee Indians in 1836, ought not to be allowed or paid.

0141 141

The Senate resumed the consideration of the report of the Committee of Claims on the memorial of Edward Bolon: and,

On motion by Mr. Westcott,

Ordered , That it be recommitted to the Committee of Claims.

The Senate proceeded to consider, as in Committee of the Whole, the bill (S. 7) for the relief of Pierre Menard, Josiah T. Betts, Jacob Feaman, and Edmund Roberts, of the State of Illinois, sureties of Felix St. Vrain, late Indian agent, together with the amendments reported thereto: and, having been amended, it was reported to the Senate, and the amendments were concurred in.

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

The Senate proceeded to consider, as in Committee of the Whole, the bill (S. 24) to establish a permanent general pre-emption system in favor of actual settlers on the public lands: and,

On motion by Mr. Breese,

Ordered , That the further consideration thereof be postponed to, and made the order of the day for Monday, the 2d day of March next.

The Senate resumed, as in Committee of the Whole, the bill (S. 23) for the relief of Mary McRea, widow of Lieutenant-Colonel William McRea, late of the United States army, deceased: and, having been amended, it was reported to the Senate, and the amendment was concurred in.

On motion by Mr. Benton,

Ordered , That it lie on the table.

The Senate resumed, as in Committee of the Whole, the bill (S. 41) providing for an augmentation of the naval force of the United States, and for other purposes: and,

After debate,

On motion by Mr. John M. Clayton,

The Senate adjourned.

TUESDAY, February 10, 1846. Link to Annals.

Mr. Speight presented resolutions passed by the legislature of the State of Mississippi, approving the course pursued by the Executive in relation to the Oregon Territory, pledging to the general government the support of that State in maintaining the rights of the United States to said territory, and declaring their assent to the principle of non-interference on the part of any foreign nation in the affairs of the American continent: which were read.

Ordered , That they be printed.

Mr. Dickinson presented resolutions passed by the legislature of the State of New York, instructing the Senators and requesting the Representatives of that State in Congress to oppose any measure for increasing the present rates of postage.

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

Mr. Dix presented two petitions of citizens of Cayuga County, New York, praying the abrogation of the treaties of December, 1838, and May, 1842, with the Seneca Indians: which were referred to the Committee on Indian Affairs.

Mr. Dix presented the memorial of R. Harmony and others, praying the payment of the awards made in their favor by the commissioners under 0142 142 the convention between the United States and Mexico: which was referred to the Committee on Foreign Relations, and ordered to be printed.

Mr. Dickinson presented the memorial of Orazio De Attellis Santangelo, praying the payment of the claims of citizens of the United States to indemnity for spoliations committed on their property by the government of Mexico: which was referred to the Committee on Foreign Relations.

Mr. Morehead presented the petition of Phebe Pack, widow of a deceased revolutionary soldier, praying a pension: which was referred to the Committee on Pensions.

Mr. Ashley presented a petition of citizens of Arkansas, praying the establishment of a mail route from Eldorado to Warren, in that State: which was referred to the Committee on the Post Office and Post Roads.

Mr. Archer presented a petition of citizens of Pennsylvania, praying that the naturalization laws may be amended so as to require a residence of twenty-one years in the United States previous to acquiring the rights of citizenship: which was referred to the Committee on the Judiciary.

Mr. Sturgeon presented the memorial of Samuel Grice, praying compensation for damages sustained by him in consequence of the impressment of his vessel into the service of the United States: which was referred to the Committee of Claims.

Mr. Sturgeon presented the memorial of the legal representative of William Shippen, deceased, praying the payment of an outstanding final settlement certificate, issued under authority of the Continental Congress: which was referred to the Committee on Revolutionary Claims.

On motion by Mr. Breese,

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

On motion by Mr. Bagby,

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

Mr. Pennybacker submitted additional documents in relation to the petition of Roddy and Carter: which were referred to the Committee of Claims.

Mr. Benton 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, in his opinion, with the public interests, a copy of the communication dated 17th October, 1845, from the agent of the United States at Mexico, relative to the payment of the fourth and fifth instalments of the Mexican indemnity, which is referred to in his last annual message as having been “received at the State Department on the 9th November last;” and also all information in his possession relative to the said instalments and to the payment of the said indemnity, not communicated with his message to the Senate of the 3d February, 1845, or received since that time; and also all proceedings of the State and Treasury Departments in relation to the collection and payment of the said indemnity, not heretofore communicated.

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

Resolved , That the Committee on the Judiciary be instructed to inquire what further legislation, if any, is required to prevent the crime of counterfeiting the legal coin of the United States, or uttering, passing, or having in possession such counterfeit coins.

0143 143

The Vice President announced the appointment of Mr. Johnson, of Louisiana, as a member of the Committee on Private Land Claims, in the place of Mr. Pennybacker, excused.

Mr. Hannegan submitted the following motion for consideration:

Ordered , That fifty thousand additional copies of the message of the President of the United States of the 9th instant, with the accompanying documents, be printed for the use of the Senate.

A message from the House of Representatives, by Mr. French, their Clerk:

Mr. President: The House of Representatives have passed a joint resolution (H. R. 5) of notice to Great Britain to annul and abrogate the convention between Great Britain and the United States of the sixth of August, 1827, relative to the country on the northwest coast of America, westward of the Stony mountains, commonly called Oregon: in which they request the concurrence of the Senate.

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.

On motion by Mr. Dayton,

Ordered , That Clara Cobb have leave to withdraw her petition and papers.

Mr. Yulee, from the Committee on Naval Affairs, to whom was referred the bill (S. 76) to authorize the President to increase the naval establishment of the United States by adding thereto the naval establishment of the late republic of Texas, reported it with an amendment.

Mr. Niles, 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. 78) for his relief.

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

Ordered , That the report be printed.

Mr. Turney, from the Committee of Claims, to whom was referred the petition of Henry Northup, submitted an adverse report: which was ordered to be printed.

Mr. Turney, from the Committee of Claims, to whom was referred the petition of Isaac Lilley, submitted an adverse report: which was ordered to be printed.

On motion by Mr. Mangum, to reconsider the vote to discharge the Committee of Claims from the further consideration of the memorial of Joseph Radcliff:

It was determined in the affirmative.

The Senate resumed the consideration of the report of the Committee of Claims on the memorial of Joseph Radcliff: and,

On motion by Mr. Mangum,

Ordered , That the report lie on the table.

Mr. Johnson, of Louisiana, agreeably to notice, asked and obtained leave to bring in a bill (S. 79) to provide for the confirmation of certain settlement claims in the St. Helena land district, Louisiana: which was read the first and second times, by unanimous consent, and referred to the Committee on Private Land Claims.

Mr. Breese, agreeably to notice, asked and obtained leave to bring in a bill (S. 80) declaring the assent of Congress to the State of Illinois to impose a tax upon all lands hereafter sold by the United States in that State, from and after the time of such sale: which was read the first and 0144 144 second times, by unanimous consent, and referred to the Committee on Public Lands.

The resolution from the House of Representatives (H. R. 5) of notice to Great Britain to annul and abrogate the convention between Great Britain and the United States of the sixth of August, 1827, relative to the country on the northwest coast of America, westward of the Stony mountains, commonly called Oregon, was read the first and second times, by unanimous consent, and referred to the Committee on Foreign Relations.

The Vice President signed the enrolled bill (H. R. 128) last reported to have been examined; and it was delivered to the committee to be presented to the President of the United States.

The bill (S. 7) for the relief of the legal representatives of Pierre Menard, Josiah T. Betts, Jacob Feaman, and Edmund Roberts, of the State of Illinois, sureties of Felix St. Vrain, late Indian agent, deceased, having been reported by the committee correctly engrossed, was read a 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 in this bill.

Mr. Jarnagin reported from the committee that they had this day presented to the President of the United States the enrolled bill (H. R. 128) relative to collectors and other officers of the customs.

On motion by Mr. Cass,

The Senate proceeded to consider the resolution (S. 1) advising the President of the United States to give notice to the government of Great Britain that the government of the United States will, in virtue of the second article of the convention of the 6th of August, A. D. 1827, between the two governments, relative to the Oregon Territory, annul and abrogate that convention, together with the amendment reported thereto: and, after debate,

On motion by Mr. Hannegan,

The Senate adjourned.

WEDNESDAY, February 11, 1846. Link to Annals.

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

To the Senate of the United States:

I transmit herewith the report of the director of the mint at Philadelphia, showing the operation of the mint and branch mints for the year 1845.

JAMES K. POLK.

Washington , D. C., February 10, 1846.

The message was read.

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

The Vice President laid before the Senate a memorial of merchants and others, citizens of Pennsylvania, praying the construction of harbors on the eastern side of Reedy island and at Bomba hook, in the Delaware river: which was referred to the Committee on Commerce.

Mr. Chalmers presented resolutions passed by the legislature of the State of Mississippi, in favor of reducing and graduating the price of the public lands, and modifying the pre-emption laws in favor of actual settlers; and 0145 145 instructing the Senators and requesting the Representatives of that State in Congress to use their efforts to procure the issuing of patents by the United States for the lands granted to the State of Mississippi: which were referred to the Committee on Public Lands, and ordered to be printed.

Mr. Chalmers presented the proceedings of a meeting of citizens of Lawrence County, Mississippi, in favor of a grant of public land to aid in improving the navigation of Pearl river: which were referred to the Committee on Public lands, and ordered to be printed.

Mr. Dix presented two petitions of citizens of New York, praying the abrogation of the treaties of December, 1838, and May, 1842, with the Seneca Indians: which were referred to the Committee on Indian Affairs.

Mr. Cass presented resolutions passed by the legislature of the State of Michigan, instructing the Senators and requesting the Representatives of that State in Congress to vote for the joint resolution for giving notice to the British government of the termination of the convention of 6th August, 1827, between the United States and Great Britain, concerning the Oregon Territory; and declaring, as their opinion, that the American continents should not be subject in future colonization by any European power: which were read.

Ordered , That they be printed.

On motion by Mr. Johnson, of Louisiana,

Ordered , That the heirs of John Fulford have leave to withdraw their petition and papers.

On motion by Mr. Dickinson,

Ordered , That the petition of William Morrow, reported on at the present session, be recommitted to the Committee of Claims.

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

Resolved , That the Secretary of the Treasury be directed to cause to be rome an examination of the public lands subject to overflow in the State of Arkansas, by the Mississippi, Arkansas, White, Black, Red, and St. Francis rivers, in said State; the quantity of land overflowed by each river; the quantity overflowed by the Mississippi and Arkansas rivers, and lying between and included within the boundaries formed by those rivers, the Louisiana lime, and the highlands westward of the lands so overflowed; and that he report the amount necessary to protect those lands from overflow, together with a plan for that object, at the present session of Congress.

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

Resolved , That the Secretary of State and the Secretary of the Treasury be directed to transmit to the Senate such documents, papers, and evidence, as may be in their possession severally, showing when and under what authority Emilio Voss was appointed agent on the part of the United States to receive payment of money payable by the government of Mexico to the United States; whether he is a citizen of the United States or otherwise; upon what terms he was so appointed; whether said appointment was made at the instance or with the consent of the parties entitled to the said money when received; whether any objections have since been made by said claimants, or any of them, to said appointment, or the continuance of the same; whether said Voss has regularly communicated to the united States the receipt of money under said appointment; what communications 10 0146 146 if any, have been made by said Voss to the government of the United States in reference to the two instalments which fell due in April and July, 1814; whether the said Voss's said appointment still continues in force; or, if revoked, when and in what manner; whether said Voss has ever paid over, or offered to pay over, to the United States, any orders, drafts, or other instruments received by him, or alleged to be so received, on account of said instalments; and what measures have been taken by the government of the United States, and when, to procure information upon said matters; and whether the money appropriated by Congress, at its last session for the payment of said instalments has been paid to the claimants and, of not, upon what grounds such payment has been withheld.

A message from the House of Representatives, by Mr. French, their Clerk:

Mr. President: The House of Representatives have passed a bill (S. 47) making appropriations for certain fortifications of the United States for the year ending the 30th of June, 1847; also, a bill (H. R. 192) entitled “An act to enlarge the powers of the several orphans' courts held in and for the District of Columbia:” in which they request the concurrence of the Senate.

Mr. Pearce, from the Committee on Pensions, to whom was referred the petition of Caroline E. Sanders, submitted an adverse report: which was ordered to be printed.

Mr. Lewis, from the Committee on Finance, to whom was referred the bill (S. 51) to provide for the payment of the evidences of public debt in certain cases, reported it without amendment.

Mr. Atchison, from the Committee on Pensions, to whom was referred the petition of Jane Heyl, submitted an adverse report: which was ordered to be printed.

Mr. Atchison, from the Committee on Pensions, to whom was referred the petition of Hannah Branch, submitted an adverse report: which was ordered to be printed.

Mr. Yulee, from the Committee on Private Land Claims, to whom was referred the petition of Benjamin Ballard, submitted a report, accompanied by a bill (S. 81) for his relief.

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

Ordered , That the report be printed.

The Senate proceeded to consider the report of the Committee on Indian Affairs on the petition of John A. Ragan: and, in concurrence therewith,

Resolved , That the prayer of the petitioner ought not to be granted.

The Senate proceeded to consider the resolution submitted by Mr. Cass the 9th instant, relating to the naval defence of lake Superior: and the resolution was agreed to.

The Senate proceeded to consider the resolution submitted by Mr. Woodbridge the 9th instant, relating to the establishment of a naval depot in the State of Michigan: and the resolution was agreed to.

The Senate proceeded to consider, as in Committee of the Whole, the bill (S. 10) to authorize the Secretary of the Treasury to make an arrangement or compromise with Mangle M. Quackenboss and his co-obligors, or any of them, for claims on bonds given by them as sureties to the United States: and no amendment being made, it was reported to the Senate.

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

The bill (S. 42) to repeal a part of the act entitled “An act supplementary 0147 147 to the several laws for the sale of the public lands, approved April 5, 1832, and for other purposes,” 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 bill (H. R. 47) making appropriations for certain fortifications of the United States for the year ending the 30th of June, 1847, was read the first and second times, by unanimous consent, and referred to the Committee on Finance.

The bill (H. R. 192) to enlarge the powers of the several orphans' courts held in and for the District of Columbia, was read the first and second times, by unanimous consent, and referred to the Committee on the District of Columbia.

The Senate resumed, as in Committee of the Whole, the resolution (S. R. 1) advising the President of the United States to give notice to the government of Great Britain that the government of the United States will, in virtue of the second article of the convention of the 6th of August, 1827, between the two governments, relative to the Oregon Territory, annul and abrogate that convention: and,

After debate,

On motion by Mr. John M. Clayton,

The Senate adjourned.

THURSDAY, February 12, 1846. Link to Annals.

The Vice President laid before the Senate a report of the Secretary of the Navy, communicating, in compliance with a resolution of the Senate, an estimate of the cost of constructing a dry dock at pensacola: which was read, referred to the Committee on Naval Affairs, and ordered to be printed.

Mr. Dix presented a petition of citizens of Genesee county, New York, praying the abrogation of the treaties of December, 1838, and May, 1842, with the Seneca Indians: which was referred to the Committee on Indian Affairs.

Mr. Archer presented the petition of Ann Kelly, widow of a deceased naval seaman, praying a pension: which was referred to the Committee on Pensions.

Mr. Dickinson submitted documents relating to the claim of Sarah Overbagh, widow of a deceased revolutionary soldier, praying a pension: which was referred to the Committee on Pensions.

Mr. Dickinson presented the petition of Hezekiah Wingate, a soldier in the last war with Great Britain, praying a pension: which was referred to the Committee on Pensions.

Mr. Dickinson presented a petition of citizens of Orleans county, New York, praying the abrogation of the treaties of December, 1838, and May, 1842, with the Seneca Indians: which was referred to the Committee on Indian Affairs.

Mr. Atchison presented a petition of citizens of Missouri, praying the establishment of a mail route from Kingston to Maysville, and Gallatin to St. Joseph's, in that State: which was referred to the Committee on the Post Office and Post Roads.

0148 148

Mr. Westcott submitted additional documents in relation to the petition of Edward Bolon: which were referred to the Committee of Claims.

Mr. Westcott submitted documents relative to the appointment of commissioners by the States of Florida and Georgia for running and marking the boundary line between those States: which were referred to the Committee on the Judiciary, and ordered to be printed.

On motion by Mr. Dix,

Ordered , That John Frazee have leave to withdraw his petition and papers.

On motion by Mr. Sevier,

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

Mr. Lewis, from the Committee on Finance, to whom was referred the bill (H. R. 180) making an appropriation to enable the President of the United States to receive from the State of Texas the cession of certain property, reported it with an amendment.

Mr. Johnson, of Louisiana, from the Committee on Pensions, to whom the documents relating to the claim of Mary J. West were referred, submitted an adverse report: which was ordered to be printed.

Mr. Bagby, agreeably to notice, asked and obtained leave to bring in a bill (S. 82) authorizing the payment of interest upon the advances made by the State of Alabama for the use of the United States government in the suppression of the Creek Indian hostilities of 1836–'7: which was read the first and second times, by unanimous consent, and referred to the Committee on Finance.

The bill (S. 40) for the relief of the legal representatives of George Duval, a Cherokee Indian, 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 Senate proceeded to consider, as in Committee of the Whole, the bill (S. 18) for the relief of the legal representatives of William D. Cheever, deceased: and no amendment being made, it was reported to the Senate.

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

The bill (S. 10) authorizing the Secretary of the Treasury to make an arrangement or compromise with Mangle M. Quackenboss and his co-obligors, or any of them, for claims on bonds given by them as sureties to the United States, having been reported by the committee correctly engrossed, was read a 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 bill (S. 42) to repeal a part of the act entitled “An act supplementary to the several laws for the sale of the public lands, approved April 5, 1832, and for other purposes,” having been reported by the committee correctly engrossed, was read a third time.

On motion by Mr. Crittenden,

Ordered , That the further consideration thereof be postponed until tomorrow.

The Senate resumed, as in Committee of the Whole, the consideration of the resolution (S. R. 1) advising the President of the United States to give notice to the government of Great Britain that the government of the United States will, in virtue of the second article of the convention of the 6th 0149 149 of August, Anno Domini 1827, between the two governments, relative to the Oregon Territory, annul and abrogate that convention.

An amendment to the reported amendment being proposed by Mr. Crittenden:

A further debate ensued: and,

After the consideration of Executive business,

The Senate adjourned.

MONDAY, February 16, 1846. Link to Annals.

The Vice President laid before the Senate a report of the Secretary of War, accompanied by a statement, in compliance with a resolution of the Senate, of the measures which have been taken for the construction of fortifications at Key West and the straits of Florida, and an estimate of the sum which may this year be expended on the same.

The report was read, and referred to the Committee on Naval Affairs.

The Vice President presented to the Senate a petition of citizens of Pennsylvania, praying an alteration of the constitution so as to abolish slavery in the United States.

A motion was made that the petition be received: and being objected to,

Ordered , That the motion lie on the table.

The Vice President presented to the Senate a petition of merchants and others, citizens of Pennsylvania, praying the construction of harbors on the castern side of Reedy island and at Bomba hook, in the Delaware river: which was referred to the Committee on Commerce.

Mr. Fairfield presented the petition of Ebenezer Whitten, praying compensation for clothing and other property destroyed by the burning of the United States ship Adams in the year 1814: which was referred to the Committee on Naval Affairs.

Mr. Fairfield presented the petition of William Davis, in behalf of himself and Simon Davis, deceased, praying compensation for clothing and other property destroyed by the burning of the United States ship Adams in the year 1814: which was referred to the Committee on Naval Affairs.

Mr. Fairfield submitted an additional document in relation to the petition of James Low: which was referred to the Committee on Naval Affairs.

Mr. Fairfield submitted additional documents in relation to the petition of Ebenezer Ballard: which were referred to the Committee on Naval Affairs.

Mr. Upham presented the petition of Eli Hinds, a soldier in the last war with Great Britain, praying an increase of pension: which was referred to the Committee on Pensions.

Mr. Dix presented two petitions of citizens of New York, praying the abrogation of the treaties of December, 1838, and May, 1842, with the Seneca Indians: which were referred to the Committee on Indian Affairs.

Mr. Archer presented five memorials of citizens of the United States, praying such an amendment of the naturalization laws as will require a residence of twenty-one years previous to acquiring the right of citizenship: which were referred to the Committee on the Judiciary.

Mr. Dix presented the memorial of John S. Gilbert and others, proposing 0150 150 to construct, at the several naval stations of the United States, iron balance floating dry docks for the use of the navy: which was referred to the Committee on Naval Affairs.

Mr. Dickinson presented a petition of citizens of Cayuga county, New York, praying the abrogation of the treaties of December, 1838, and May, 1842, with the Seneca Indians: which was referred to the Committee on Indian Affairs.

Mr. Bright presented a petition of members of the legislature of the State of Indiana, and other citizens of that State, praying the removal of the land office from Winimac to Rochester, in said State: which was referred to the Committee on Public Lands.

Mr. Crittenden presented a memorial of citizens of Henry county, Missouri, praying that an appropriation may be made for improving the navigation of the western rivers: which was referred to the Committee on Commerce.

On motion by Mr. Atchison,

Ordered , That Reuben E. Gentry and William Head have leave to withdraw their petition and papers.

Mr. Breese, from the Committee on the Judiciary, to whom was referred the petition of Nahum Ward, reported the following resolution; which was read, and ordered to be printed:

Resolved , That the petition of Nahum Ward, with the proceedings of the Continental Congress relative to the matters stated therein, with the testimony heretofore taken, and all the reports made touching the loan office certificates claimed, be referred to the Secretary of the Treasury for further examination in connexion with the books and papers in the Treasury Department, and such further proof as may be taken by the claimant or the said Secretary on reasonable notice being given; and that the said Secretary report such additional proof, whether the same shall be derived from the books and papers in the Treasury Department, or from depositions, to the Senate at the next session, as early as practicable, with his opinion whether the loan office certificates claimed by the said petitioner, Nahum Ward, were used for the benefit of the continental or other service, and should in Justice and equity be paid by the United States.

Mr. Ashley, from the Committee on the judiciary, reported a joint resolution (S. R. 13) in relation to the rendition of judgments against the United States in certain cases: which was read, and passed to the second reading.

On motion by Mr. Ashley, that the Committee on the Judiciary be discharged from the further consideration of the petition of the legal representative of Eleazer W. Ripley, and from the further consideration of the petition of Asa Andrews; and that the same be referred to the Committee of Claims:

On motion by Mr. Dayton,

Ordered , That the motion lie on the table.

On motion by Mr. Ashley,

Ordered , That the Committee on the Judiciary be discharged from the further consideration of documents relative to the payment of pensions, Presented the 14th January, and that it be referred to the Committee on Pensions.

On motion by Mr. Ashley,

Ordered , The Committee on the Judiciary be discharged from the 0151 151 further consideration of the petition of citizens of Philadelphia in relation to the adjustment of national differences, presented the 4th instant.

Mr. Atchison, from the Committee on Indian Affairs, to whom the documents relating to the claim of David Robb were referred, submitted an adverse report: which was ordered to be printed.

Mr. Atchison, from the Committee on Indian Affairs, to whom was referred the memorial of the chiefs and delegates of the Wyandot Indians, submitted a report, accompanied by a bill (S. 83) to pay for improvements on the Wyandot lands in Ohio and Michigan, in accordance with a valuation made in pursuance of the 5th article of the treaty between the United States and the Wyandot Indians, made at Upper Sandusky March 17, 1842.

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

Ordered , That the report, with the memorial of the Wyandot Indians, be printed.

Mr. Johnson, of Maryland, from the Committee of Claims, to whom was referred the petition of True Putney and Hugh Riddle, reported a resolution (S. R. 14) for their relief: which was read, and passed to the second reading.

A message from the House of Representatives, by Mr. French, their Clerk:

Mr. President: The House of Representatives have passed bills of the following titles:

H. R. 16. An act for the relief of Joseph Kemball;

H. R. 19. An act for the relief of Simonton Buffenbarger;

H. R. 30. An act for the relief of James Davidson, of the county of Fentress, in the State of Tennessee;

H. R. 32. An act for the relief of George D. Spencer;

H. R. 215. An act to amend the act approved the 2d of April, 1844, entitled “An act directing the disposition of certain unclaimed goods, wares, or merchandise, seized for being illegally imported into the United States;”

H. R. 217. An act declaratory of the powers, and legalizing certain acts of the chief clerk of the Patent Office:

in which they request the concurrence of the Senate.

The President of the United States approved and signed the 11th instant, the enrolled bill entitled “An act relative to collectors and other officers of the customs.”

The six bills this day brought for concurrence from the House of Representatives were severally read the first and second times, by unanimous consent.

Ordered , That bills numbered 16 and 32 be referred to the Committee of Claims; that bill numbered 19 be referred to the Committee on Public Lands; that bill numbered 30 be referred to the Committee on Pensions; that bill numbered 215 be referred to the Committee on the Judiciary; and that bill numbered 217 be referred to the Committee on Patents and the Patent Office.

The following bills having been reported by the committee correctly engrossed, were severally read the third time:

S. 18. An act for the relief of the legal representatives of William D. Cheever, deceased.

S. 40. An act for the relief of the legal representatives of George Duval, a Cherokee Indian.

0152 152

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 bill, on its third reading, (S. 42) to repeal a part of the act entitled “An act supplementary to the several laws for the sale of the public lands, approved April 5, 1832, and for other purposes:” and

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

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

The bill. (S. 43) for the relief of Elijah White, was read the second time, and considered as in Committee of the Whole: and,

On motion by Mr. Atchison,

Ordered , Tha