%images;]> llsj-041 Journal of the Senate of the United States of America, 1789-1873 : a machine readable transcription. A Century of Lawmaking for a New Nation: U.S. Congressional Documents and Debates, 1774 to 1873. Selected and converted. American Memory, Library of Congress.

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1998/05/02 0001

JOURNAL OF THE SENATE OF THE UNITED STATES OF AMERICA, BEING THE FIRST SESSION OF THE THIRTY-FIRST CONGRESS: BEGUN AND HELD IN THE CITY OF WASHINGTON, DECEMBER 3, 1849, IN THE SEVENTY-FOURTH YEAR OF THE INDEPENDENCE OF THE UNITED STATES.

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WASHINGTON PRINTED FOR THE SENATE.

1849–'50.

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CONGRESS OF THE UNITED STATES.

The First Session of the Thirty-first Congress commenced this day, conformably to the Constitution of the United States, and the Senate assembled at the city of Washington

MONDAY, December 3, 1849. Link to Annals.

Present:

From the State of New Hampshire.

The Honorable

John P. Hale,

Moses Norris, jr.

From the State of Massachusetts.

The Honorable John Davis.

From the State of Rhode Island and Providence Plantations.

The Honorable

John H. Clarke,

Albert C. Greene.

From the State of Connecticut.

The Honorable

Roger S. Baldwin,

Truman Smith.

From the State of Vermont.

The Honorable

Samuel S. Phelps,

William Upham.

From the State of New York.

The Honorable William H. Seward

From the State of New Jersey.

The Honorable Jacob W. Miller.

From the State of Pennsylvania.

The Honorable

James Cooper,

Daniel Sturgeon.

From the State of Delaware.

The Honorable John Wales.

0004 4

From the State of Maryland.

The Honorable James A. Pearce.

From the State of Virginia.

The Honorable

Robert M. T. Hunter,

James M. Mason.

From the State of North Carolina.

The Honorable

George E. Badger,

Willie P. Mangum.

From the State of South Carolina.

The Honorable

Andrew P. Butler,

John C. Calhoun.

From the State of Georgia.

The Honorable William C. Dawson.

From the State of Kentucky.

The Honorable

Henry Clay,

Joseph R. Underwood.

From the State of Tennessee.

The Honorable John Bell.

From the State of Ohio.

The Honorable

Thomas Corwin,

Salmon P. Chase.

From the State of Louisiana.

The Honorable Solomon W. Downs.

From the State of Indiana.

The Honorable James Whitcomb.

From the State of Mississippi.

The Honorable

Jefferson Davis,

Henry S. Foote.

0005 5

From the State of Illinois.

The Honorable James Shields.

From the State of Maine.

The Honorable Hannibal Hamlin.

From the State of Missouri.

The Honorable

David R. Atchison,

Thomas H. Benton.

From the State of Michigan.

The Honorable

Lewis Cass,

Alpheus Felch.

From the State of Wisconsin.

The Honorable

Henry Dodge,

Isaac P. Walker.

From the State of Iowa.

The Honorable

Augustus C. Dodge,

George W. Jones.

The Honorable Millard Fillmore, Vice President of the United States and President of the Senate, resumed the chair.

Mr. Underwood presented the credentials of the Honorable Henry Clay, chosen a senator by the legislature of the Commonwealth of Kentucky, for six years, from the 4th day of March, 1849; which were read; and the oath prescribed by law was administered to him, and he took his seat in the Senate.

Mr. Mangum presented the credentials of the Honorable James Shields, chosen a senator by the legislature of the State of Illinois, for the term of six years, commencing the 4th day of March, 1849; which were read; and the oath prescribed by law was administered to him, and he took his seat in the Senate.

On motion by Mr. Sturgeon,

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. Dodge of Iowa,

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

On motion by Mr. Felch,

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

On motion,

The Senate adjourned.

0006 6
TUESDAY, December 4, 1849. Link to Annals.

The Honorable William L. Dayton, from the State of New Jersey; the Honorable Thomas J. Rusk, from the State of Texas; the Honorable William K. Sebastian, from the State of Arkansas; and the Honorable Hopkins L. Turney, from the State of Tennessee, attended.

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

Resolved , That fifty additional copies of the Journal of the Senate be printed for the use of the Senate.

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

Resolved , That the Secretary be directed to furnish each member of the Senate, who has not already received them, one copy of the constitution and other books ordered to be furnished to the senators by the resolutions of February 18, 1847.

On motion,

The Senate adjourned.

WEDNESDAY, December 5, 1849. Link to Annals.

The Honorable Solon Borland, from the State of Arkansas, and the Honorable James W. Bradbury, from the State of Maine, and the Honorable Daniel S. Dickinson, from the State of New York, attended.

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

Resolved , That the Vice President be authorized to employ a clerk during the present session; and that such clerk be paid the same rate of compensation as heretofore paid to persons employed in that capacity.

On motion,

The Senate adjourned.

THURSDAY, December 6, 1849. Link to Annals.

Mr. Calhoun presented the credentials of the Honorable Jeremiah Clemens, elected a senator by the legislature of the State of Alabama to supply the vacancy occasioned by the decease of the Honorable Dixon H. Lewis; which were read; and the oath prescribed by law was administered to him, and he took his seat in the Senate.

On motion by Mr. Greene,

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

On motion by Mr. Cass,

The Senate adjourned.

FRIDAY, December 7, 1849. Link to Annals.

On motion by Mr. Rusk,

The Senate adjourned.

SATURDAY, December 8, 1849. Link to Annals.

Mr. Pearce presented the credentials of the Honorable David Stewart, 0007 7 appointed a senator by the governor of the State of Maryland to fill the vacancy occasioned by the resignation of the Honorable Reverdy Johnson; which were read; and the oath prescribed by law was administered to Mr. Stewart, and he took his seat in the Senate.

On motion by Mr. Dickinson,

The Senate adjourned.

MONDAY, December 10, 1849. Link to Annals.

The Honorable John McPherson Berrien, from the State of Georgia; the Honorable Stephen A. Douglas, from the State of Illinois; and the Honorable David Levy Yulee, from the State of Florida, attended.

On motion by Mr. Seward,

Ordered , That Barclay and Livingston, and others, have leave to withdraw their memorial and papers.

On motion by Mr. Hale,

The Senate adjourned.

TUESDAY, December 11, 1849. Link to Annals.

The Honorable Jesse D. Bright, from the State of Indiana, attended.

On motion by Mr. Hunter,

Ordered , That leave be given to withdraw the petition and papers of John Mason.

On motion by Mr. Hamlin,

The Senate adjourned.

WEDNESDAY, December 12, 1849. Link to Annals.

The Honorable Pierre Soulé, from the State of Louisiana, attended.

On motion by Mr. Foote,

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

On motion by Mr. Cooper,

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

On motion by Mr. Sturgeon,

The Senate adjourned.

THURSDAY, December 13, 1849. Link to Annals.

On motion by Mr. Bradbury,

The Senate adjourned.

FRIDAY, December 14, 1849. Link to Annals.

On motion by Mr. Felch,

Ordered , That William Woodbridge and Henry Chipman have leave to withdraw their petition and papers.

On motion by Mr. Walker,

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

It was determined in the negative.

On motion,

The Senate adjourned.

0008 8
SATURDAY, December 15, 1849. Link to Annals.

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

On motion by Mr. Underwood,

Ordered , That Johnston and Strader have leave to withdraw their petition and papers.

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

Resolved , That a committee, to consist of three members, be appointed to wait upon the President of the United States to notify to him that the Senate is now organized, and ready to receive any communication he may think proper to make to them, in relation to matters which are within the sphere of their separate constitutional action.

On motion,

Ordered , That the committee be appointed by the Vice President; and

Mr. Berrien, Mr. Mason, and Mr. Felch, were appointed.

Mr. Berrien, from the committee appointed to wait on the President of the United States, and to notify to him that the Senate is ready to receive any communications he may think proper to make to them, in relation to matters which are within the sphere of their separate constitutional action, reported that they had performed the duty assigned them, and that the President replied that he would make a communication to the Senate on Monday next, in answer to the resolution of the Senate.

On motion by Mr. Miller,

The Senate adjourned.

MONDAY, December 17, 1849. Link to Annals.

The Honorable Jackson Morton, from the State of Florida, attended.

After the consideration of Executive business,

The Senate adjourned.

TUESDAY, December 18, 1849. Link to Annals.

On motion by Mr. Mangum,

The Senate proceeded, by ballot, to the appointment of the standing committees, in conformity with the thirty-fourth rule of the Senate; and

Ordered , That Mr. King be the chairman of the Committee on Foreign Relations;

That Mr. Dickinson be the chairman of the Committee on Finance;

That Mr. Hamlin be the chairman of the Committee on Commerce;

That Mr. Sebastian be the chairman of the Committee on Manufactures;

That Mr. Sturgeon be the chairman of the Committee on Agriculture;

That Mr. Davis, of Mississippi, be the chairman of the Committee on Military Affairs;

That Mr. Houston be the chairman of the Committee on the Militia;

That Mr. Yulee be the chairman of the Committee on Naval Affairs;

That Mr. Felch be the chairman of the Committee on Public Lands;

That Mr. Downs be the chairman of the Committee on Private Land Claims;

0009 9

That Mr. Atchison be the chairman of the Committee on Indian Affairs;

That Mr. Norris be the chairman of the Committee of Claims;

That Mr. Walker be the chairman of the Committee on Revolutionary Claims;

That Mr. Butler be the chairman of the Committee on the Judiciary;

That Mr. Rusk be the chairman of the Committee on the Post Office and Post Roads;

That Mr. Bright be the chairman of the Committee on Roads and Canals;

That Mr. King be the chairman of the Committee on Pensions;

That Mr. Mason be the chairman of the Committee on the District of Columbia; and

That Mr. Douglas be the chairman of the Committee on Territories.

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

The further balloting for the chairmen of the remaining committees was dispensed with; and

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

Ordered , That Mr. Hunter be the chairman of the Committee on Public Buildings;

That Mr. Dodge, of Iowa, be the chairman of the Committee to Audit and Control the Contingent Expenses of the Senate;

That Mr. Turney be the chairman of the Committee on Patents and the Patent Office;

That Mr. Bradbury be the chairman of the Committee on Retrenchment;

That Mr. Pearce be the chairman of the Committee on the part of the Senate on the Library;

That Mr. Rusk be the chairman of the Committee on the part of the Senate on Enrolled Bills;

That Mr. Jones be the chairman of the Committee on Engrossed Bills; and

That Mr. Borland be the chairman of the Committee on Printing.

On motion,

The Senate adjourned.

WEDNESDAY, December 19, 1849. Link to Annals.

Mr. Walker submitted the following resolution for consideration:

Resolved , That the Reverend Theobald Mathew be allowed a seat within the bar of the United States Senate during the period of his sojourn in Washington.

The Senate resumed the appointment of the remaining members of the standing committees: and,

On motion by Mr. Mangum,

Ordered , That Mr. Foote, Mr. Webster, Mr. Benton, and Mr. Mangum be of the Committee on Foreign Relations;

That Mr. Hunter, Mr. Phelps, Mr. Douglas, and Mr. Pearce be of the Committee on Finance;

That Mr. Soulé, Mr. Davis of Massachusetts, Mr. Dodge of Wisconsin, and Mr. Bell, be of the Committee on Commerce;

That Mr. Butler, Mr. Clarke, Mr. Jones, and Mr. Upham be of the Committee on Manufactures;

0010 10

That Mr. Turney, Mr. Spruance, Mr. Walker, and Mr. Corwin be of the Committee on Agriculture;

That Mr. Borland, Mr. Greene, Mr. Shields, and Mr. Dawson be of the Committee on Militar4y Affairs;

That Mr. Dodge of Wisconsin, Mr. Morton, Mr. Clemens, and Mr. Spruance be of the Committee on the Militia;

That Mr. Mason, Mr. Badger, Mr. Bright, and Mr. Miller be of the Committee on Naval Affairs;

That Mr. Borland, Mr. Corwin, Mr. Shields, and Mr. Smith be of the Committee on Public Lands;

That Mr. Whitcomb, Mr. Davis of Massachusetts, Mr. Clemens, and Mr. Badger be of the Committee on Private Land Claims;

That Mr. Sebastian, Mr. Bell, Mr. Rusk, and Mr. Wales be of the Committee on Indian Affairs;

That Mr. Whitcomb, Mr. Underwood, Mr. Stewart, and Mr. Baldwin be of the Committee of Claims;

That Mr. Norris, Mr. Upham, Mr. Dodge of Iowa, and Mr. Cooper be of the Committee on Revolutionary Claims;

That Mr. Bright, Mr. Upham, Mr. Soulé, and Mr. Morton be of the Committee on the Post Office and Post Roads;

That Mr. Davis of Mississippi and Mr. Clarke be of the Committee on Public Buildings;

That Mr. Walker and Mr. Baldwin be of the Committee to Audit and Control the Contingent Expenses of the Senate;

That Mr. Atchison, Mr. Greene, Mr. Foote, and Mr. Spruance be of the Committee on Roads and Canals;

That Mr. Jones, Mr. Phelps, Mr. Stewart, and Mr. Dayton be of the Committee on Pensions;

That Mr. Norris, Mr. Wales, Mr. Whitcomb, and Mr. Dawson be of the Committee on Patents and the Patent Office;

That Mr. Houston, Mr. Mangum, Mr. Felch, and Mr. Clarke be of the Committee on Retrenchment;

That Mr. Mason and Mr. Davis of Mississippi be of the Committee on the Library;

That Mr. Badger be of the Committee on Enrolled Bills;

That Mr. Corwin and Mr. Sebastian be of the Committee on Engrossed Bills; and,

That Mr. Hamlin and Mr. Smith be of the Committee on Printing.

On motion by Mr. Mangum,

The Senate resumed the appointment, by ballot, of the remaining members of the Committee on the Judiciary, of the Committee on Territories, and of the Committee on the District of Columbia: and,

Ordered , That Mr. Downs, Mr. Berrien, Mr. Bradbury, and Mr. Dayton be of the Committee on the Judiciary;

That Mr. Butler, Mr. Underwood, Mr. Houston, and Mr. Cooper be of the Committee on Territories; and,

That Mr. Yulee, Mr. Miller, Mr. Shields, and Mr. Berrien be of the Committee on the District of Columbia.

After the consideration of Executive business,

The Senate adjourned.

0011 11
THURSDAY, December 20, 1849. Link to Annals.

The Senate proceeded to consider the resolution submitted by Mr. Walker, the 19th instant, to allow a seat within the bar of the Senate to the Reverend Theobald Mathew during the period of his sojourn in Washington.

On motion by Mr. Badger,

That it lie on the table,

It was determined in the negative,

Yeas 19

Nays 34

On motion by Mr. Badger,

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

Those who voted in the affirmative are,

Messrs. Atchison, Badger, Berrien, Borland, Butler, Calhoun, Clemens, Davis of Mississippi, Dawson, Hunter, Mason, Morton, Pearce, Phelps, Rusk, Sebastian, Turney, Underwood, Yulee.

Those who voted in the negative are,

Messrs. Baldwin, Bell, Bradbury, Bright, Cass, Chase, Clarke, Clay, Cooper, Davis of Massachusetts, Dickinson, Dodge of Iowa, Douglas, Downs, Felch, Foote, Greene, Hale, Hamlin, Houston, Jones, Mangum, Miller, Norris, Seward, Shields, Smith, Soulé, Sturgeon, Stewart, Upham, Wales, Walker, Whitcomb.

On the question “Shall the resolution pass?”

It was determined in the affirmative,

Yeas 33

Nays 18

On motion by Mr. Calhoun,

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

Those who voted in the affirmative are,

Messrs. Baldwin, Bell, Bradbury, Bright, Cass, Chase, Clarke, Clay, Cooper, Davis of Massachusetts, Dickinson, Dodge of Iowa, Douglas, Downs, Felch, Greene, Hamlin, Houston, Jones, Mangum, Miller, Norris, Seward, Shields, Smith, Soulé, Stewart, Sturgeon, Underwood, Upham, Wales, Walker, Whitcomb.

Those who voted in the negative are,

Messrs. Atchison, Badger, Berrien, Borland, Butler, Calhoun, Clemens, Davis of Mississippi, Dawson, Foote, Hunter, Mason, Morton, Pearce, Rusk, Sebastian, Turney, Yulee.

So the resolution was agreed to.

Mr. Norris was, on his motion, excused from serving on the Committee on Revolutionary Claims.

Mr. Borland submitted the following resolution for consideration:

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

On motion,

The Senate adjourned.

FRIDAY, December 21, 1849. Link to Annals.

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

The Senate proceeded to consider the resolution, submitted yesterday 0012 12 by Mr. Borland, to authorize the Committee on Printing to employ a clerk; and

The resolution was agreed to.

On motion by Mr. Walker,

Ordered , That a member be appointed by the Vice President to fill the vacancy in the Committee on Revolutionary Claims, in the place of Mr. Norris, excused; and

Mr. Chase was appointed.

On motion by Mr. Clay,

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

After the consideration of Executive business,

The Senate adjourned.

MONDAY, December 24, 1849. Link to Annals.

Mr. Norris submitted the following resolution:

Resolved , That the Committee of Claims be authorized to employ a clerk, and that he be allowed such rate of compensation as is usually allowed in such cases.

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

On motion by Mr. Rusk,

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

On motion by Mr. Sturgeon,

Ordered , That Henry Simpson, executor of George Simpson, deceased, have leave to withdraw his memorials and papers.

On motion,

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

On motion by Mr. Turney,

Ordered , That William P. A. Hail have leave to withdraw his petition and papers.

The Vice President laid before the Senate the annual report of the Secretary of the Treasury on the state of the finances; which was ordered to be printed.

The Vice President laid before the Senate a report of the Treasurer of the United States, made agreeably to law, accompanied by his accounts with the United States for the third and fourth quarters of the year 1848 and the first and second quarters of the year 1849, as adjusted by the accounting officers of the department: also, a report of the Treasurer of the United States, made agreeably to law, accompanied by an account of receipts and disbursements for the Post Office Department for the year ending June 30, 1849.

Ordered , That the said reports be printed.

Mr. Dodge, of Iowa, presented the petition of Richard Chaney, praying the right of pre-emption to a tract of land; which was referred to the Committee on Public Lands.

Mr. Borland presented two petitions of citizens of Arkansas, praying that townships nine and ten of the Little Rock land district may be attached to the district of Champagnole, and a land office established at Camden, in that State; which were referred to the Committee on Public Lands.

Mr. Rusk presented the petition of John C. Hays, praying compensation 0013 13 for services in raising and organizing a regiment of Texas mounted volunteers for the Mexican war; which was referred to the Committee on Military Affairs.

Mr. Rusk presented the petition of Angelina B. N. Cooke, widow of William G. Cooke, deceased, praying compensation for the services of her husband in superintending and organizing Texas volunteers, at Point Isabel, during the Mexican war; which was referred to the Committee on Military Affairs.

Mr. Rusk presented the memorial of William Bayard, praying that he may be authorized to contract with the government for establishing a direct line of overland communication and a weekly mail from St. Louis, Missouri, to St. Francisco, in California; which was referred to the Committee on the Post Office and Post Roads, and ordered to be printed.

Mr. Walker presented resolutions passed by the legislature of the State of Wisconsin in favor of the cession of the public lands to the States in which they lie, on condition that they be granted, in limited quantities, to actual settlers only, at a price not exceeding the cost of their survey; which were referred to the Committee on Public Lands.

Mr. Foote presented the memorial of John Henderson, a citizen of the State of Mississippi, proposing a plan to reorganize and extend the judicial system of the United States; which was referred to the Committee on the Judiciary, and ordered to be printed.

Mr. Dickinson presented the proceedings of the Chamber of Commerce of New York in favor of the construction of a railroad from lake Michigan to the Pacific ocean on the plan proposed by Asa Whitney; which were referred to the Committee on Roads and Canals, and ordered to be printed.

Mr. Dickinson presented the petition of Thomas N. Carr, late consul of the United States for the empire of Morocco, praying compensation for diplomatic services near that government; which was referred to the Committee on Foreign Relations.

Mr. Dickinson presented the petition of Hugh W. Dobbin, in behalf of himself and his two sons, Lodowich Dobbin and William W. Dobbin, both deceased, praying compensation for services and sacrifices in the last war with Great Britain; which was referred to the Committee on Military Affairs.

Mr. Dickinson presented the memorial of Edmund Pavenstedt and Frederick A. Schumacher, merchants in the city of New York, praying to be released from liability on a custom-house bond; which was referred to the Committee on Commerce.

Mr. Walker presented a petition of citizens of Fulton, Wisconsin, praying the establishment of a mail route from Janesville to Madison, in that State; which was referred to the Committee on the Post Office and Post Roads.

Mr. Foote presented the memorial of Ladislas Wankowicz and G. Tochman, legal representatives of the heirs of Thaddeus Kosciusko, deceased, praying the protection of the government against certain alleged interference with their rights in the courts of the United States by the Emperor of Russia; which was referred to the Committee on Foreign Relations.

On motion, by Mr. Foote, that the memorial be printed,

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

0014 14

Mr. Davis, of Massachusetts, presented the petition of Thomas M. Taylor, a purser in the navy, praying to be released from liability for public moneys lost in consequence of the failure of the bank in which they were deposited; which, with the papers relating to the petition, on the files of the Senate, was referred to the Committee on Naval Affairs.

Mr. Rusk submitted documents relating to the claim of Hamilton P. Bee, an officer in the army, praying reimbursement of money expended by him for the transportation of subsistence and quartermasters' stores from Camargo, in Mexico, to Loredo, in Texas; which were referred to the Committee on Military Affairs.

Mr. Sturgeon presented the petition of Frances C. Elliott, widow of Jesse D. Elliott, deceased, late an officer in the navy, praying reimbursement of the expenses incurred by her late husband in receiving and entertaining the representatives of certain foreign powers while in command of the naval forces of the United States in the Mediterranean, between the years 1835 and 1839.

On motion, by Mr. Sturgeon, that it be referred to the Committee on Naval Affairs,

Ordered , That the motion lie on the table.

Mr. Hamlin presented a petition of citizens of Bangor, Maine, praying the erection of a custom-house at that place; which was referred to the Committee on Commerce.

On motion by Mr. Dickinson,

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

On motion by Mr. Butler,

Ordered , That the petition of Stalker & Hill, on the flies of the Senate, be referred to the Committee of Claims.

On motion by Mr. Baldwin,

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

On motion by Mr. Foote,

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

On motion by Seward,

Ordered , That the memorial of N. Nye Hall, on the files of the Senate, be referred to the Committee on Pensions.

On motion by Mr. Dickinson,

Ordered , That the petition of James Wormsley, and the petition of Sarah Crandall, on the files of the Senate, be referred to the Committee on Pensions.

On motion by Mr. Upham,

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

On motion by Mr. Downs,

Ordered , That the memorials of the members of the bar of New Orleans, Louisiana, on the files of the Senate, relative to changing the practice in the United States courts of that State, be referred to the Committee on the Judiciary.

On motion by Mr. Yulee,

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

0015 15

On motion by Mr. Dickinson,

Ordered , That the petition of Manuel X. Harmony, on the flies of the Senate, be referred to the Committee of Claims.

On motion by Mr. Seward,

Ordered , That Catharine Oliphant have leave to withdraw her petition and papers.

Mr. Cass submitted the following resolution for consideration:

Resolved , That the Committee on Foreign Relations be instructed to inquire into the expediency of suspending diplomatic relations with Austria.

Mr. Bradbury submitted the following resolution for consideration:

Resolved , That the President be requested to cause to be laid before the Senate all charges which have been preferred, or filed in any of the departments, against individuals who have been removed from office since the 4th day of March last, with a specification of the cases, if any, in which the officers charged have had an opportunity to be heard, and a statement of the number of removals made under each department.

Mr. Sebastian submitted the following resolution for consideration:

Resolved , That the Secretary of War be required to communicate to the Senate copies of the report and map of the survey of the route from Fort Smith, Arkansas, to Santa Fé, New Mexico, made under, authority of the War Department, by Lieutenant Simpson, of the corps of topographical engineers, in 1849.

On motion by Mr. Hamlin,

Ordered , That the petition of the heirs of Isaac Worthen, deceased, on the files of the Senate, be referred to the Committee on Pensions.

On motion by Mr. Butler,

Ordered , That the petition of Guion & McLaughlin, on the files of the Senate, be referred to the Committee on the Post Office and Post Roads.

On motion by Mr. Upham,

Ordered , That the petition of Ira Day, on the files of the Senate, be referred to the Committee on the Post Office and Post Roads.

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

Mr. President: I am directed to inform the Senate that a quorum of the House of Representatives assembled the 3d instant, and that, on Saturday, the 22d instant, the Honorable Howell Cobb, a Representative from the State of Georgia, was chosen Speaker thereof, and that the House is now ready to proceed to business.

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

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 a quorum of each House has assembled, and that Congress are ready to receive any communication he may be pleased to make.

On motion,

Ordered , That the committee be appointed by the Vice President; and

Mr. Davis of Mississippi and Mr. Greene were appointed accordingly.

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

0016 16

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

Mr. President : The House of Representatives have passed a resolution appointing a committee, to join the committee appointed on the part of the Senate, to wait upon the President of the United States and inform him that a quorum of each House has assembled, and that Congress are ready to receive any communication he may have to make; and

Mr. Thompson of Pennsylvania, Mr. Vinton, and Mr. Holmes have been appointed the committee on their part.

Mr. Davis, of Mississippi, from the committee appointed on the part of the Senate to join 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 having assembled, Congress are ready to receive any communication he may be pleased to make, reported that they had performed the duty assigned them, and that the President replied that he would make, immediately, a communication to the two Houses.

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

Fellow-citizens of the Senate and House of Representatives:

Sixty years have elapsed since the establishment of this government, and the Congress of the United States again assembles to legislate for an empire of freemen. The predictions of evil prophets, who formerly pretended to foretell the downfall of our institutions, are now remembered only to be derided, and the United States of America at this moment present to the world the most stable and permanent government on earth.

Such is the result of the labors of those who have gone before us. Upon Congress will eminently depend the future maintenance of our system of free government, and the transmission of it unimpaired to posterity.

We are at peace with all the other nations of the world, and seek to maintain our cherished relations of amity with them. During the past year we have been blessed, by a kind Providence, with an abundance of the fruits of the earth; and, although the destroying angel, for a time, visited extensive portions of our territory with the ravages of a dreadful pestilence, yet the Almighty has at length deigned to stay his hand, and to restore the inestimable blessing of general health to a people who have acknowledged his power, deprecated his wrath, and implored his merciful protection.

While enjoying the benefits of amicable intercourse with foreign nations, we have not been insensible to the distractions and wars which have prevailed in other quarters of the world. It is a proper theme of thanksgiving to Him who rules the destinies of nations, that we have been able to maintain, amidst all these contests, an independent and neutral position towards all belligerent Powers.

Our relations with Great Britain are of the most friendly character. In consequence of the recent alteration of the British navigation acts, British vessels, from British and other foreign ports, will, (under our existing laws,) after the first day of January next, be admitted to entry in our ports, with cargoes of the growth, manufacture, or production of any part of the world, on the same terms, as to duties, imposts, and charges, as 0017 17 vessels of the United States with their cargoes; and our vessels will be admitted to the same advantages in British ports, entering therein on the same terms as British vessels. Should no order in council disturb this legislative arrangement, the late act of the British Parliament, by which Great Britain is brought within the terms proposed by the act of Congress of the 1st of March, 1817, it is hoped will be productive of benefit to both countries.

A slight interruption of diplomatic intercourse, which occurred between this government and France, I am happy to say, has been terminated, and our minister there has been received. It is, therefore, unnecessary to refer now to the circumstances which led to that interruption. I need not express to you the sincere satisfaction with which we shall welcome the arrival of another envoy extraordinary and minister plenipotentiary from a sister republic, to which we have so long been, and still remain, bound by the strongest ties of amity.

Shortly after I had entered upon the discharge of the executive duties, I was apprized that a war steamer, belonging to the German empire, was being fitted out in the harbor of New York, with the aid of some of our naval officers, rendered under the permission of the late Secretary of the Navy. This permission was granted during an armistice between that empire and the kingdom of Denmark, which had been engaged in the Schleswig-Holstein war. Apprehensive that this act of intervention, on our part, might be viewed as a violation of our neutral obligations, incurred by the treaty with Denmark, and of the provisions of the act of Congress of the 20th of April, 1818, I directed that no further aid should be rendered by any agent or officer of the navy; and I instructed the Secretary of State to apprize the minister of the German empire, accredited to this government, of my determination to execute the law of the United States, and to maintain the faith of treaties with all nations. The correspondence which ensued between the Department of State and the minister of the German empire is herewith laid before you. The execution of the law, and the observance of the treaty, were deemed by me to be due to the honor of the country, as well as to the sacred obligations of the constitution. I shall not fail to pursue the same course, should a similar case arise, with any other nation. Having avowed the opinion, on taking the oath of office, that in disputes between conflicting foreign governments, it is our interest, not less than our duty, to remain strictly neutral, I shall not abandon it. You will perceive, from the correspondence submitted to you, in connexion with this subject, that the course adopted in this case has been properly regarded by the belligerent powers interested in the matter.

Although a minister of the United States to the German Empire was appointed by my predecessor in August, 1848, and has for a long time been in attendance at Frankfort-on-the-Main; and although a minister, appointed to represent that empire, was received and accredited here, yet no such government as that of the German Empire has been definitively constituted. Mr. Donelson, our representative at Frankfort, remained there several months in the expectation that a union of the German States, under one constitution or form of government, might at length be organized. It is believed by those well acquainted with the existing relations between Prussia and the States of Germany, that no such union can be permanently established without her co-operation. In the event 2 0018 18 of the formation of such a union, and the organization of a central power in Germany, of which she should form a part, it would become necessary to withdraw our minister at Berlin; but while Prussia exists as an independent kingdom, and diplomatic relations are maintained with her, there can be no necessity for the continuance of the mission to Frankfort. I have, therefore, recalled Mr. Donelson, and directed the archives of the legation at Frankfort to be transferred to the American legation at Berlin.

Having been apprized that a considerable number of adventurers were engaged in fitting out a military expedition, within the United States, against a foreign country, and believing, from the best information I could obtain, that it was destined to invade the island of Cuba, I deemed it due to the friendly relations existing between the United States and Spain—to the treaty between the two nations—to the laws of the United States, and, above all, to the American honor—to exert the lawful authority of this government in suppressing the expedition and preventing the invasion. To this end, I issued a proclamation, enjoining it upon the officers of the United States, civil and military, to use all lawful means within their power. A copy of that proclamation is herewith submitted. The expedition has been suppressed. So long as the act of Congress of the 20th of April, 1818, which owes its existence to the law of nations and to the policy of Washington himself, shall remain on our statute book, I hold it to be the duty of the Executive faithfully to obey its injunctions.

While this expedition was in progress, I was informed that a foreigner, who claimed our protection, had been clandestinely, and, as was supposed, forcibly, carried off in a vessel from New Orleans to the island of Cuba. I immediately caused such steps to be taken as I thought necessary, in case the information I had received should prove correct, to vindicate the honor of the country and the right of every person seeking an asylum on our soil to the protection of our laws. The person alleged to have been abducted was promptly restored, and the circumstances of the case are now about to undergo investigation before a judicial tribunal. I would respectfully suggest that, although the crime charged to have been committed in this case is held odious, as being in conflict with our opinions on the subject of national sovereignty and personal freedom, there is no prohibition of it or punishment for it provided in any act of Congress. The expediency of supplying this defect in our criminal code is therefore recommended to your consideration.

I have scrupulously avoided any interference in the wars and contentions which have recently distracted Europe.

During the late conflict between Austria and Hungary, there seemed to be a prospect that the latter might become an independent nation. However faint that prospect at the time appeared, I thought it my duty, in accordance with the general sentiment of the American people, who deeply sympathized with the Magyar patriots, to stand prepared, upon the contingency of the establishment by her of a permanent government, to be the first to welcome independent Hungary into the family of nations. For this purpose, I invested an agent, then in Europe, with power to declare our willingness promptly to recognise her independence in the event of her ability to sustain it. The powerful intervention of Russia in the contest extinguished the hopes of the struggling Magyars. The United 0019 19 States did not, at any time, interfere in the contest; but the feelings of the nation were strongly enlisted in the cause, and by the sufferings of a brave people, who had made a gallant though unsuccessful effort to be free.

Our claims upon Portugal have been during the past year prosecuted with renewed vigor, and it has been my object to employ every effort of honorable diplomacy to procure their adjustment. Our late chargé d'affaires at Lisbon, the honorable George W. Hopkins, made able and energetic, but unsuccessful efforts to settle these unpleasant matters of controversy, and to obtain indemnity for the wrongs which were the subjects of complaint. Our present chargé d'affaires at that court will also bring to the prosecution of these claims ability and zeal. The revolutionary and distracted condition of Portugal in past times has been represented as one of the leading causes of her delay in indemnifying our suffering citizens. But I must now say it is matter of profound regret that these claims have not yet been settled. The omission of Portugal to do justice to the American claimants has now assumed a character so grave and serious that I shall shortly make it the subject of a special message to Congress, with a view to such ultimate action as its wisdom and patriotism may suggest.

With Russia, Austria, Prussia, Sweden, Denmark, Belgium, the Netherlands, and the Italian States, we still maintain our accustomed amicable relations.

During the recent revolutions in the Papal States, our chargé d'affaires at Rome has been unable to present his letter of credence; which, indeed, he was directed by my predecessor to withhold until he should receive further orders. Such was the unsettled condition of things in those States that it was not deemed expedient to give him any instructions on the subject of presenting his credential letter different from those with which he had been furnished by the late administration until the 25th of June last; when, in consequence of the want of accurate information of the exact state of things at that distance from us, he was instructed to exercise his own discretion in presenting himself to the then existing government, if in his judgement sufficiently stable; or, if not, to await further events. Since that period Rome has undergone another revolution, and he abides the establishment of a government sufficiently permanent to justify him in opening diplomatic intercourse with it.

With the republic of Mexico it is our true policy to cultivate the most friendly relations. Since the ratification of the treaty of Guadalupe Hidalgo, nothing has occurred of a serious character to disturb them. A faithful observance of the treaty, and a sincere respect for her rights, cannot fail to secure the lasting confidence and friendship of that republic. The message of my predecessor to the House of Representatives, of the 8th of February last, communicating, in compliance with a resolution of that body, a copy of a paper called a Protocol, signed at Queretaro on the 30th of May, 1848, by the commissioners of the United States and the Minister of Foreign Affairs of the Mexican government, having been a subject of correspondence between the Department of State and the envoy extraordinary and minister plenipotentiary of that republic accredited to this government, a transcript of that correspondence is herewith submitted.

The commissioner on the part of the United States for marking the boundary between, the two republics, though delayed in reaching San Diego by unforeseen obstacles, arrived at that place within a short period 0020 20 after the time required by the treaty, and was there joined by the commissioner on the part of Mexico. They entered upon their duties; and, at the date of the latest intelligence from that quarter some progress had been made in the survey. The expenses incident to the organization of the commission, and to its conveyance to the point where its operations were to begin, have so much reduced the fund appropriated by Congress that a further sum, to cover the charges which mint be incurred during the present fiscal year, will be necessary. The great length of frontier along which the boundary extends, the nature of the adjacent territory, and the difficulty of obtaining supplies, except at or near the extremes of the line, render it also indispensable that a liberal provision should be made to meet the necessary charges during the fiscal year ending on the 30th of June, 1851. I accordingly recommend this subject to your attention.

In the adjustment of the claims of American citizens on Mexico, provided for by the late treaty, the employment of counsel on the pad of the government may become important for the purpose of assisting the commissioners in protecting the interests of the United States. I recommend this subject to the early and favorable consecration of Congress.

Complaints have been made in regard to the inefficiency of the means provided by the government of New Grenada for transporting the United States mail across the isthmus of Panama, pursuant to our postal convention with that republic, of the 6th of March, 1844. Our charge d'affaires at Bogota has been directed to make such representations to the government of New Grenada as will, it is hoped, lead to a prompt removal of this cause of complaint.

The sanguinary civil war with which the republic of Venezuela has for some time past been ravaged, has been brought to a close. In its progress the rights of some of our citizens, resident or trading there, have been violated. The restoration of order will afford the Venezuelan government an opportunity to examine and redress these grievances, and others of longer standing, which our representatives at Caraccas have hitherto ineffectually urged upon the attention of that government.

The extension of the coast of the United States on the Pacific, and the unexampled rapidity with which the inhabitants of California especially are increasing in numbers, have imparted new consequence to our relations with the other countries whose territories border upon that ocean. It is probable that the intercourse between those countries and our possessions in that quarter, particularly with the republic of Chili, will become extensive and mutually advantageous in proportion as California and Oregon shall increase in population and wealth. It is desirable, therefore, that this government should do everything in its power to foster and strengthen its relations with those States, and that the spirit of amity between us should be mutual and cordial.

I recommend the observance of the same course towards all other American States. The United States stand as the great American power, to which, as their natural ally and friend, they will always be disposed first to look for mediation and assistance, in the event of any collision between them and any European nation. As such, we may often kindly mediate in their behalf, without entangling ourselves in foreign wars or unnecessary controversies. Whenever the faith of our treaties with any of them shall require our interference, we must necessarily interpose.

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A convention has been negotiated with Brazil, providing for the satisfaction of American claims on that government, and it will be submitted to the Senate. Since the last session of Congress, we have received an envoy extraordinary and minister plenipotentiary from that empire, and our relations with it are founded upon the most amicable understanding.

Your attention is earnestly invited to an amendment of our existing laws relating to the African slave-trade, with a view to the effectual suppression of that barbarous traffic. It is not to be denied that this trade is still, in part, carried on by means of vessels built in the United States, and owned or navigated by some of our citizens. The correspondence between the Department of State and the minister and consul of the United States at Rio de Janeiro, which has from time to time been laid before Congress, represents that it is a customary device to evade the penalties of our law by means of sea-letters. Vessels sold in Brazil, when provided with such papers by the consul, instead of returning to the United States for a new register, proceed at once to the coast of Africa, for the purpose of obtaining cargoes of slaves. Much additional information, of the same character, has recently been transmitted to the Department of State. It has not been considered the policy of our laws to subject an American citizen, who, in a foreign country, purchases a vessel built in the United States, to the inconvenience of sending her home for a new register, before permitting her to proceed on a voyage. Any alteration of the laws which might have a tendency to impede the free transfer of property in vessels between our citizens, or the free navigation of those vessels between different parts of the world, when employed in lawful commerce, should be well and cautiously considered; but I trust that your wisdom will devise a method by which our general policy, in this respect, may be preserved, and at the same time the abuse of our flag, by means of sea-letters, in the manner indicated, may be prevented.

Having ascertained that there is no prospect of the reunion of the five States of Central America, which formerly composed the republic of that name, we have separately negotiated with some of them treaties of amity and commerce, which will be laid before the Senate.

A contract having been concluded with the State of Nicaraguan, by a company composed of American citizens, for the purpose of constructing a ship canal through the territory of that State, to connect the Atlantic and Pacific oceans, I have directed the negotiation of a treaty with Nicaragua, pledging both governments to protect those who shall engage in and perfect the work. All other nations are invited by the State of Nicaragua to enter into the stone treaty stipulations with her; and the benefit to be derived by each from such an arrangement will be the protection of this great inter-oceanic communication against any power which might seek to obstruct it, or to monopolize its advantages. All States entering into such a treaty will enjoy the right of passage through the canal on payment of the same tolls.

The work, if constructed under these guaranties, will become a bond of peace instead of a subject of contention and strife between the nations of the earth. Should the great maritime States of Europe consent to this arrangement, (and we have no reason to suppose that a proposition so fair and honorable will be opposed by any,) the energies of their people and ours will co-operate in promoting the success of the enterprise. I do not recommend any appropriation from the national treasury 0022 22 for this purpose; nor do I believe that such an appropriation is necessary. Private enterprise, if properly protected, will complete the work, should it prove to be feasible. The parties who have procured the charter from Nicaragua for its construction, desire no assistance from this government beyond its protection; and they profess that, having examined the proposed line of communication, they will be ready to commence the undertaking whenever that protection shall be extended to them. Should there appear to be reason, on examining the whole evidence, to entertain a serious doubt of the practicability of constructing such a canal, that doubt could be speedily solved by an actual exploration of the route.

Should such a work be constructed, under the common protection of all nations, for equal benefits to all, it would be neither just nor expedient that any great maritime State should command the communication. The territory through which the canal may be opened ought to be freed from the claims of any foreign power. No such power should occupy a position that would enable it hereafter to exercise so controlling an influence over the commerce of the world, or to obstruct a highway which ought to be dedicated to the common uses of mankind.

The routes across the isthmus at Tehuantepec and Panama are also worthy of our serious consideration. They did not fail to engage the attenton of my predecessor. The negotiator of the treaty of Guadalupe Hidalgo was instructed to offer a very large sum of money for the right of transit across the isthmus of Tehuantepec. The Mexican government did not accede to the proposition for the purchase of the right of way, probably because it had already contracted with private individuals for the construction of a passage kern the Guasacualco river to Tehuantepec. I shall not renew any proposition to purchase, for money, a right which ought to be equally secured to all nations, on payment of a reasonable toll to the owners of the improvement, who would, doubtless, be well contented with that compensation and the guaranties of the maritime States of the world, in separate treaties negotiate with Mexico, binding her and them to protect those who should construct the work. Such guaranties would do more to secure the completion of the communication through the territory of Mexico than any other reasonable consideration that could be offered; and, as Mexico herself would be the greatest gainer by the opening of this communication between the gulf and the Pacific ocean, it is presumed that she would not hesitate to yield her aid, in the manner proposed, to accomplish an improvement so important to her own best interests.

We have reason to hope that the proposed railroad across the isthmus at Panama will be successfully constructed, under the protection of the late treaty with New Grenada, ratified and exchanged by my predecessor on the 10th day of June, 1848, which guaranties the perfect neutrality of the isthmus, and the rights of sovereignty and property of New Granada over that territory, “with a view that the free transit from ocean to ocean may not be interrupted or embarrassed” during the existence of the treaty. It is our policy to encourage every practicable route across the isthmus, which connects North and South America, either by railroad or canal, which the energy and enterprise of our citizens may induce them to complete; and I consider it obligatory upon me to adopt that policy, especially in consequence of the absolute necessity of facilitating intercourse with our possessions on the Pacific.

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The position of the Sandwich Islands, with reference to the territory of the United States on the Pacific, the success of our persevering and benevolent citizens who have repaired to that remote quarter in christianizing the natives and inducing them to adopt a system of government and laws suited to their capacity and wants, and the use made by our numerous whale-ships of the harbors of the islands as places of resort for obtaining refreshments and repairs, all combine to render their destiny peculiarly interesting to us. It is our duty to encourage the authorities of those islands in their efforts to improve and elevate the moral and political condition of the inhabitants; and we should make reasonable allowances for the difficulties inseparable from this task. We desire that the islands may maintain their independence, and that other nations should concur with us in this sentiment. We could in no event be indifferent to their passing under the dominion of any other power. The principal commercial States have in this a common interest, and it is to be hoped that no one of them will attempt to interpose obstacles to the entire independence of the islands.

The receipts into the treasury for the fiscal year ending on the thirtieth of June last were in cash, forty-eight million eight hundred and thirty thousand ninety-seven dollars and fifty cents, ($48,830,097 50,) and in treasury notes funded, ten million eight hundred and thirty-three thousand dollars, ($10,833,000,) making an aggregate of fifty-nine million six hundred and sixty-three thousand ninety-seven dollars and fifty cents, ($59,663,097 50;) and the expenditures for the same time were, in cash, forty-six million seven hundred and ninety-eight thousand six hundred and sixty-seven dollars and eighty-two cents, ($46,798,667 82,) and in treasury notes funded, ten million eight hundred and thirty-three thousand dollars, ($10,833,000,) making an aggregate of fifty-seven million six hundred and thirty-one thousand six hundred and sixty-seven dollars and eighty-two cents, ($57,631,667 82.)

The accounts and estimates which will be submitted to Congress in the report of the Secretary of the Treasury, show that there will probably be a deficit occasioned by the expenses of the Mexican war and treaty, on the first day of July next, of five million eight hundred and twenty-eight thousand one hundred and twenty-one dollars and sixty-six cents, ($5,828,121 66,) and on the first day of July, 1851, of ten million five hundred and forty-seven thousand and ninety-two dollars and seventy-three cents, ($10,547,092 73,) making in the whole a probable deficit, to be provided for, of sixteen million three hundred and seventy-five thousand two hundred and fourteen dollars and thirty-nine cents, ($16,375,214 39.) The extraordinary expenses of the war with Mexico, and the purchase of California and New Mexico, exceed in amount this deficit, together with the loans heretofore made for those objects. I therefore recommend that authority be given to borrow whatever sum may be necessary cover that deficit. I recommend the observance of strict economy in the appropriation and expenditure of public money.

I recommend a revision of the existing tariff, and its adjustment on a basis which may augment the revenue. I do not doubt the right or duty of Congress to encourage domestic industry, which is the great source of national as well as individual wealth and prosperity. I look to the wisdom and patriotism of Congress for the adoption of a system which may place home labor at last on a sure and permanent footing, and, by 0024 24 due encouragement of manufactures, give a new and increased stimulus to agriculture, and promote the development of our vast resources and the extension of our commerce. Believing that to the attainment of these ends (as well as the necessary augmentation of the revenue and the prevention of frauds) a system of specific duties is best adapted, I strongly recommend to Congress the adoption of that system, fixing the duties at rates high enough to afford substantial and sufficient encouragement to our own industry, and, at the same time, so adjusted as to insure stability.

The question of the continuance of the sub-treasury system is respectfully submitted to the wisdom of Congress. If continued, important modifications of it appear to be indispensable.

For further details and views on the above, and other matters connected with commerce, the finances, and revenue, I refer to the report of the Secretary of the Treasury.

No direct aid has been given by the general government to the improvement agriculture except by the expenditure of small sums for the collection and publication of agricultural statistics, and for some chemical analyses, which have been, thus far, paid for out of the patent fund. This aid is, in my opinion, wholly inadequate. To give to this leading branch of American industry the encouragement which it merits, I respectfully recommend the establishment of an Agricultural Bureau, to be connected with the Department of the Interior. To elevate the social condition of the agriculturist, to increase his prosperity, and to extend his means of usefulness to his country, by multiplying his sources of information, should be the study of every statesman, and a primary object with every legislator.

No civil government having been provided by Congress for California, the people of that Territory, impelled by the necessities of their political condition, recently met in convention, for the purpose of forming a constitution and State government, which the latest advices give me reason to suppose has been accomplished; and it is believed they will shortly apply for the admission of California into the Union as a sovereign State. Should such be the case, and should their constitution be conformable to the requisitions of the constitution of the United States, I recommend their application to the favorable consideration of Congress.

The people of New Mexico will also it is believed, at no very distant period, present themselves for admission into the Union. Preparatory to the admission of California and New Mexico, the people of each will have instituted for themselves a republican form of government, “laying its foundations in such principles, and organizing its powers in such form, as to them shall seem most likely to effect their safety and happiness.”

By awaiting their action, all causes of uneasiness may be avoided, and confidence and kind feeling preserved. With a view of maintaining the harmony and tranquillity so dear to all, we should abstain from the introduction of those exciting topics of a sectional character which have hitherto produced painful apprehensions in the public mind; and I repeat the solemn wanting of the first and most illustrious of my predecessors against furnishing “any ground for characterizing parties by geographical discriminations.”

A collector has been appointed at San Francisco, under the act of Congress extending the revenue laws over California; and measures have been 0025 25 taken to organize the custom-houses at that and the other ports mentioned in that act, at the earliest period practicable. The collector proceeded overland, and advices have not yet been received of his arrival at San Francisco. Meanwhile, it is understood that the customs have continued to be collected there by officers acting under the military authority, as they were during the administration of my predecessor. It will, I think, be expedient to confirm the collections thus made, and direct the avails (after such allowances as Congress may think fit to authorize) to be expended within the Territory, to be paid into the treasury for the purpose of meeting appropriations for the improvement of its rivers and harbors.

A party engaged on the coast survey was despatched to Oregon in January last. According to the latest advices, they had not left California; and directions have been given to them, as soon as they shall have fixed on the sites of the two light-houses and the buoys authorized to be constructed and placed in Oregon, to proceed without delay to make reconnoissances of the most important points on the coast of California, and especially to examine and determine on sites for light-house on that coast, the speedy erection of which is urgently demanded by our rapidly increasing commerce.

I have transferred the Indian agencies from Upper Missouri and Council Bluffs to Santa Fe and Salt Lake, and have caused to be appointed subagents in the valleys of the Gila, the Sacramento and San Joaquin rivers. Still further legal provisions will be necessary for the effective and successful extension of our system of Indian intercourse over the new territories.

I recommend the establishment of a branch mint in California, as it will, in my opinion, afford important facilities to those engaged in mining, as well as to the government in the disposition of the mineral lands.

I also recommend that commissions be organized by Congress to examine and decide upon the validity of the present subsisting land titles in California and New Mexico; and that provision be made for the establishment of offices of surveyor general in New Mexico, California, and Oregon, and for the surveying and bringing into market the public lands in those territories. Those lands, remote in position and difficult of access, ought to be disposed of on terms liberal to all, but especially favorable to the early emigrants.

In order that the situation and character of the principal mineral deposities in California may be ascertained, I recommend that a geological and mineralogical exploration be connected with the linear surveys, and that the mineral lands be divided into small lots suitable for mining, and be disposed of; by sale or lease, so as to give our citizens an opportunity of procuring a permanent right of property in the soil. This would seem to be as important to the success of mining as of agricultural pursuits.

The great mineral wealth of California, and the advantages which its ports and harbors, and those of Oregon, afford to commerce, especially with the islands of the Pacific and Indian oceans, and the populous regions of Eastern Asia, make it certain that there will arise in a few years large and prosperous communities on our western coast. It therefore becomes important that a line of communication, the best and most expeditious which the nature of the country will admit, should be opened within the territory of the United States, from the navigable waters of 0026 26 the Atlantic on the gulf of Mexico to the Pacific. Opinion, as elicited and expressed by two large and respectable conventions, lately assembled at St. Louis and Memphis, points to a railroad as that which, if practicable, will best meet the wishes and wants of the country. But while this, if in successful operation, would be a work of great national importance, and of a value to the country which it would be difficult to estimate, it ought also to be regarded as an undertaking of vast magnitude and expense, and one which must, if it be indeed practicable, encounter many difficulties in its construction and use. Therefore, to avoid failure and disappointment; to enable Congress to judge whether, in the condition of the country through which it must pass, the work be feasible; and, if it be found so, whether it should be undertaken us a national improvement or left to individual enterprise; and, in the latter alternative, what aid, if any, ought to be extended to it by the government, I recommend, as a preliminary measure, a careful reconnoissance of the several proposed routes by a scientific corps, and a report as to the practicability of making such a road, with an estimate of the cost of its construction and support.

For further views on these and other matters connected with the duties of the Home Department, I refer you to the report of the Secretary of the Interior.

I recommend early appropriations for continuing the river and harbor improvements which have been already begun, and also for the construction of those for which estimates have been made, as well as for examinations and estimates preparatory to the commencement of such others as the wants of the country, and especially the advance of our population over new districts and the extension of commerce may render necessary. An estimate of the amount which can be advantageously expended within the next fiscal year under the direction of the Bureau of Topographical Engineers accompanies the report of the Secretary of War, to which I respectfully invite the attention of Congress.

The cession of territory made by the late treaty with Mexico has greatly extended our exposed frontier, and rendered its defence more difficult. That treaty has also brought us under obligations to Mexico, to comply with which a military force is requisite. But our military establishment is not materially changed, as to its efficiency, from the condition in which it stood before the commencement of the Mexican war. Some addition to it will therefore be necessary; and I recommend to the favorable consideration of Congress an increase of the several corps of the army at our distant western posts, as proposed in the accompanying report of the Secretary of War.

Great embarrassment has resulted from the effect upon rank, in the army, heretofore given to brevet and staff commissions. The views of the Secretary of War on this subject are deemed important, and, if carried into effect, will, it is believed, promote the harmony of the service. Who plan proposed for retiring disabled officers, and providing an asylum for such of the rank and file as from age, wounds, and other infirmities occasioned by service have become unfit to perform their respective duties, is recommended as a means of increasing the efficiency of the army, and as an act of justice due from a grateful country to the faithful soldier.

The accompanying report of the Secretary of the Navy presents a full and satisfactory account of the condition and operations of the naval service during the past year. Our citizens engaged in the legitimate pursuits 0027 27 of commerce have enjoyed its benefits. Wherever our national vessels have gone they have been received with respect, our officers have been treated with kindness and courtesy, and they have on all occasions pursued a course of strict neutrality, in accordance with the policy of our government.

The naval orce at present in commission is as large as is admissible, with the number of men authorized by Congress to be employed.

I invite your attention to the recommendation of the Secretary of the Navy on the subject of a re-organization of the navy, in its various grades of officers, and the establishing of a retired list for such of the officers as are disqualified for active and effective service. Should Congress adopt some such measure as is recommended, it will greatly increase the efficiency of the navy, and reduce its expenditures.

I also ask your attention to the views expressed by him in reference to the employment of war-steamers, and in regard to the contracts for the transportation of the United States mails and the operation of the system upon the prosperity of the navy.

By an act of Congress passed August 14, 1848, provision was made for extending past office and mail accommodations to California and Oregon. Exertions have been made to execute that law; but the limited provisions of the act, the inadequacy of the means it authorizes, the ill adaptation of our post office laws to the situation of that country, and the measure of compensation for services allowed by those laws, compared with the prices of labor and rents in California, render those exertions, in a great degree, ineffectual. More particular and efficient provision by law is required on this subject.

The act of 1845, reducing postage, has now, by its operation during four years, produced results fully showing that the income from such reduced postage is sufficient to sustain the whole expense of the service of the Post Office Department, not including the cost of transportation in mail steamers on the lines from New York to Chagres, and from Panama to Astoria, which have not been considered by Congress as properly belonging to the mail service.

It is submitted to the wisdom of Congress whether a further reduction of postage should not now be made, more particularly on the letter correspondence. This should be relieved from the unjust burden of transporting and delivering the franked matter of Congress, for which public service provision should be made from the treasury. I confidently believe that a change may safely be made, reducing all single-letter postage to the uniform rate of five cents, regardless of distance, without thereby imposing any greater tax on the treasury than would constitute a very moderate compensation for this public service; and I therefore respectfully recommend such a reduction. Should Congress prefer to abolish the franking privilege entirely, it seems probable that no demand on the treasury would result from the proposed reduction of postage. Whether any further diminution should now be made, or the result of the reduction to five cents, which I have recommended, should be first tested, is submitted to your decision.

Since the commencement of the last session of Congress, a postal treaty with Great Britain has been received and ratified, and, such regulations have been formed by the Post Office Departments of the two countries, in pursuance of that treaty, as to carry its provisions into full operation. 0028 28 The attempt to extend this same arrangement, through England, to France, has not been equally successful; but the purpose has not been abandoned.

For a particular statement of the condition of the Post Office Department, and other matters connected with that branch of the public service, I refer you to the report of the Postmaster General.

By the act of the 3d of March, 1849, a board was constituted to make arrangements for taking the seventh census, composed of the Secretary of State, the Attorney General, and the Postmaster General; and it was made the duty of this board “to prepare, and cause to be printed, such forms and schedules as might be necessary for the full enumeration of the inhabitants of the United States; and also proper forms and schedules for collecting, in statistical tables, under proper heads, such information as to mines, agricultural, commerce, manufactures, education, and other topics, as would exhibit a full view of the pursuits, industry, education, and resources of the country.” The duties enjoined upon the census board thus established having been performed, it now rests with Congress to enact a law for carrying into effect the provision of the constitution which requires an actual enumeration of the people of the United States within the ensuing year.

Among the duties assigned by the constitution to the general government is one of local and limited application, but not on that account the less obligatory; I allude to the trust committed to Congress as the exclusive legislator and sole guardian of the interests of the District of Columbia. I beg to commend these interests to your kind attention. As the national metropolis, the city of Washington must be an object of general interest; and founded, as it was, under the auspices of him whose immortal name it bears, its claims to the fostering care of Congress present themselves with additional strength. Whatever can contribute to its prosperity must enlist the feelings of its constitutional guardians, and command their favorable consideration.

Our government is one of limited powers, and its successful administration eminently depends on the confinement of each of its co-ordinate branches within its own appropriate sphere. The first section of the constitution ordains that “all legislative powers therein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives.” The Executive has authority to recommend (not to dictate) measures to Congress. Having performed that duty, the executive department of the Congress. Having performed that duty, the executive department of the government cannot rightfully control the decision of Congress on any subject of legislation, until that decision shall have been officially submitted to the President for approval. The check provided by the constitution in the clause conferring the qualified veto will never be exercised by me, except in the cases contemplated by the fathers of the republic. I view it as an extreme measure, to be resorted to only in extraordinary cases—as where it may become necessary to defend the executive against the encroachments of the legislative power, or to prevent hasty and inconsiderate or unconstitutional legislation. By cautiously confining this remedy within the sphere prescribed to it in the cotemporaneous expositions of the framers of the constitution, the will of the people, legitimately expressed on all subjects of legislation, through their constitutional organs, the senators and representatives of the United States, will have its full effect. As indispensable to the preservation of our 0029 29 system of self-government, the independence of the representatives of the States and the people is guarantied by the constitution; and they owe no responsibility to any human power but their constituents. By holding the representative responsible only to the people, and exempting him from other influences, we elevate the character of the constituent, and quicken his sense of responsibility to his country. It is under these circumstances only that the elector can feel that, in the choice of the law-maker, he is himself truly a component part of the sovereign power of the nation. With equal care we should study to defend the rights of the executive and judicial departments. Our government can only be preserved in its purity by the suppression and entire elimination of every claim or tendency of one co-ordinate branch to encroachment upon another. With the strict observance of this rule and the other injunctions of the constitution with a sedulous inculcation of that respect and love for the Union of the States which our fathers cherished and enjoined upon their children; and with the aid of that overruling Providence which has so long and so kindly guarded our liberties and institutions, we may reasonably expect to transmit them, with their innumerable blessings, to the remotest posterity.

But attachment to the Union of the States should be habitually fostered in every American heart. For more than half a century, during which kingdoms and empires have fallen, this Union has stood unshaken. The patriots who formed it have long since descended to the grave; yet still it remains, the proudest monument to their memory, and the object of affection and admiration with every one worthy to bear the American name. In my judgment, its dissolution would be the greatest of calamities; and to avert that should be the study of every American. Upon its preservation must depend our own happiness and that of countless generations to come. Whatever dangers may threaten it, I shall stand by it and maintain it in its integrity to the full extent of the obligations imposed and the power conferred upon me by the constitution.

Z. TAYLOR.

Washington , December 4, 1849.

The message was read.

On motion by Mr. Phelps,

Ordered , That it be printed for the use of the Senate with the accompanying documents.

On motion,

The Senate adjourned.

THURSDAY, December 27, 1849. Link to Annals.

Mr. Clemens presented the credentials of the Honorable William R. King, elected a senator by the legislature of the State of Alabama for the term of six years, from the 4th day of March last; which were read; and the oath prescribed by law was administered to Mr. King, and he took his seat in the Senate.

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

0030 30

Washington , December 27, 1849.

To the Senate and House of Representatives:

In consequence of the unexpected delay in proceeding to business, I deem it necessary to invite the immediate attention of Congress to so much of the report of the Secretary of the Treasury as relates to the appropriations required for the expenses of collecting the revenue for the second half of the current fiscal year.

Z. TAYLOR.

The message was read.

On motion by Mr. Phelps,

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

The Vice President laid before the Senate a report of the Secretary of the Navy, made agreeably to law, accompanied by a statement of transfers of appropriations for the naval service, during the fiscal year ending the 30th of June, 1849; which was read, and referred to the Committee on Finance.

On motion, by Mr. Phelps, that it be printed,

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

The Vice President laid before the Senate a report of the Secretary of the Navy, made agreeably to law, accompanied by a statement of appropriations for the naval service, for the fiscal year ending the 30th of June, 1849; which was read.

The Vice President laid before the Senate a report of the Second Auditor of the Treasury, made agreeably to law, accompanied by copies of such accounts as have been rendered by persons charged or intrusted with the disbursement or application of moneys, goods, or effects for the benefit of the Indians, from the first of October, 1847, to the 30th of September, 1848, together with a statement exhibiting the names of all persons to whom money, goods, or effects have been delivered within the same time; which was read, referred to the Committee on Indian Affairs, and ordered to be printed.

The Vice President laid before the Senate a report of the Secretary of the Treasury, accompanied by a report of the Register of the Treasury, and statements of the commerce and navigation of the United States, for the last fiscal year, prepared as required by the act of the 10th of February, 1820; which was read.

On motion by Mr. Davis, of Massachusetts,

Ordered , That it be printed, and that five thousand five hundred copies, in addition to the usual number, be printed; five hundred of which for the use of the Treasury Department.

The Vice President laid before the Senate a report of the Second Comptroller and Second Auditor of the Treasury, made in pursuance of a joint resolution, approved August 7, 1848, showing the amount payable by the United States to the Cherokee Indians according to the principles established by the treaty of August, 1846, between the United States and the said Indians; which was read, and referred to the Committee on Indian Affairs.

The Vice President laid before the Senate a report of the Secretary of the Treasury, accompanied by a report of the superintendent of the cost survey, showing the progress of that work; which was read.

On motion by Mr. Davis, of Massachusetts,

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

Mr. Seward presented a memorial of Luther Bradish and others, citizens of New York, praying the adoption of measures for procuring, in connexion with the census of 1850, certain statistical information important to commercial, political, and scientific purposes.

Ordered , That it lie on the table.

Mr. Seward presented the petition of the heirs of John Holden, deceased, a revolutionary officer, praying compensation for his military services; which was referred the Committee on Revolutionary Claims.

Mr. Seward presented the petition of the heirs of Jacob Latting, deceased, praying indemnity for French spoliations prior to 1800.

Ordered , That it lie on the table.

Mr. Seward presented the petition of Francis Rotche, co-heir of William Rotche and sons, praying indemnity for French spoliations prior to 1800.

Ordered , That it lie on the table.

Mr. Seward presented the petition of S. G. Grover and others, citizens of Springwater, New York, praying such an amendment of the pension laws as will provide pensions for the heirs of revolutionary officers and soldiers who died prior to the passage of the act of 1818; which was referred to the Committee on Pensions.

Mr. Seward presented three memorials of citizens of New York, a petition of citizens of Syracuse, and a petition of citizens of Albany, Blew York, praying the establishment of a mint in the city of New York; which were referred to the Committee on Finance.

Mr. Seward presented a memorial of the Chamber of Commerce of the city of New York, and two petitions of citizens of New York, praying an appropriation for the removal of obstructions to the navigation of Hurl Gate channel, in the harbor of New York; which were referred to the Committee on Commerce.

On motion, by Mr. Seward, that the memorial of the Chamber of Commerce of New York be printed,

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

Mr. Foote presented the memorial of George Adams, an officer in the United States marine corps, praying compensation for property lost during the Mexican war, the reimbursement of medical expenses incurred in consequence of a wound received in battle, and an increase of pension; which was referred to the Committee on Pensions.

Mr. Clay presented the memorial of George Warfield and others, praying indemnity for French spoliations prior to 1800.

Ordered , That it lie on the table.

Mr. Clay presented the memorial of Isaac Everett, executor of Harriet Barney, deceased, praying indemnity for French spoliations prior to 1800.

Ordered , That it lie on the table.

Mr. Clay presented the petition of Abigail Shaler Stilwell, legal representative of William Shaler, deceased, late United States consul general at Algiers, praying to be allowed certain arrearages of pay; which was referred to the Committee on Foreign Relations.

0032 32

Mr. Clay presented the memorial of Hester L. Henry, widow of William Henry, deceased, praying to be allowed a pension, in consideration of the services of her husband in the revolutionary war, and the last war with Great Britain; which was referred to the Committee on Pensions.

Mr. Jones presented three petitions of citizens of the State of Iowa, praying the construction of a railroad from the Missouri river to the Pacific ocean; which were referred to the Committee on Public Lands.

Mr. Jones presented the petition of Andrew Bankson, praying a grant of land for services rendered and property lost during the last war with Great Britain; which was referred to the Committee on Public Lands.

Mr. Jones presented the petition of Lewis A. Thomas and Thomas Rogers, praying compensation for services in defending certain Sioux Indians, charged with murder in the State of Missouri; which was referred to the Committee on Indian Affairs.

Mr. Jones presented a petition of citizens of Jefferson county, Iowa, praying a grant of land, to aid in the construction of a railroad from Dubuque to Keokuk in that State; which was referred to the Committee on Public Lands.

Mr. Jones presented the memorial of the heirs of Pascal Detchmendy, deceased, praying the confirmation of their title to a tract of land in the State of Missouri; which was referred to the Committee on Private Land Claims.

Mr. Jones presented the petition of Moses Paquette and Therese Brisbois, praying the confirmation of their title to an Indian reservation; which was referred to the Committee on Public Lands.

Mr. Smith presented a petition of citizens of Hartford, Connecticut, praying the removal of obstructions to the navigation of Hurl Gate channel, in the harbor of New York; which was referred to the Committee on Commerce.

Mr. Berrien presented the memorial of the Savannah Chamber of Commerce, praying the removal of obstructions to the navigation of the Savannah river; which was referred to the Committee on Commerce.

Mr. Berrien presented the petition of William Maxwell, heir of Josiah Maxwell, deceased, a revolutionary officer, praying to be allowed commutation pay; which was referred to the Committee on Revolutionary Claims.

Mr. Felch submitted documents relating to the claim of Jonathan Kearsley, receiver of public moneys at Detroit, to the reimbursement of money expended by him for extra clerk hire; which, with his memorial and papers on the files of the Senate, were referred to the Committee on Public Lands.

Mr. Felch presented the petition of John Biddle, late register of the land office at Detroit, praying the reimbursement of money expended him for extra clerk hire; which was referred to the Committee on Public Lands.

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

Mr. Felch presented a resolution passed by the legislature of the State of Michigan, in favor of an extension of the patent for Moore and Hascall's harvesting machine; which was referred to the Committee on Patents and the Patent Office, and ordered to be printed.

0033 33

Mr. Felch presented a resolution passed by the legislature of the State of Michigan, in favor of the construction of a ship canal around the falls of Niagara and the Saut Ste. Marie; which was referred to the committee on Commerce, and ordered to be printed.

Mr. Felch presented a resolution passed by the legislature of the State of Michigan, in favor of the construction of a road from Saginaw to Michilimackinac and the Saut Ste. Marie; which was referred to the Committee on Public Lands, and ordered to be printed.

Mr. Felch presented a resolution passed by the legislature of the State of Michigan, 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. Felch presented a resolution passed by the legislature of the State of Michigan, in favor of a grant of public land to that State, for the erection of asylums for the insane, deaf and dumb, and blind; which was referred to the Committee on Public Lands, and ordered to be printed.

Mr. Douglas presented the petition of F. Maxwell, register, J. A. Lunglois, receiver, and Jacob Feaman, late register of the land office at Kaskaskia, Illinois, praying to be allowed commissions on entries of military land warrants; which was referred to the Committee on Public Lands.

Mr. Douglas presented the petition of D. Clapp and J. H. Murphy, register and receiver, and L. R. Noel and William E. Russell, late register and receiver of the land office at Danville, Illinois, praying to be allowed commissions on entries of military land warrants; which was referred to the Committee on Public Lands.

Mr. Douglas presented a memorial of the provisional government of the people of Deseret, accompanied by a constitution and form of State government, praying admission into the Union as a State, or the organization of a Territorial government by Congress; which was ordered to be printed.

Mr. Clay presented the memorial of Mary A. Watson, widow of Samuel E. Watson, late an officer in the marine corps, praying an increase of pension; which was referred to the Committee on Pensions.

Mr. Cass presented a petition of citizens of Michigan, praying that the franking privilege may be abolished and the rates of postage reduced; which was referred to the Committee on the Post Office and Post Roads.

Mr. Cass presented a petition of the late and present officers of the land office at Detroit, Michigan, praying to be allowed commissions on entries of military bounty land warrants; which was referred to the Committee on Public Lands.

Mr. Bradbury presented the memorial of the heirs of Daniel Walker, deceased, praying indemnity for French spoliations prior to 1800.

Ordered , That it lie on the table.

Mr. Davis, of Massachusetts, presented a petition of citizens of Boston, Massachusetts, praying the removal of obstructions to the navigation of Hurl Gate channel, in the harbor of New York; which was referred to the Committee on Commerce.

Mr. Davis, of Mississippi, presented a memorial of George F. Warfield and others, praying indemnity for French spoliations prior to 1800; which was referred to the Committee on Foreign Relations.

Mr. Douglas presented the petition of David N. Smith, a soldier in 3 0034 34 Wayne's army, praying arrears of pension; which was referred to the Committee on Pensions.

Mr. Yulee presented the petition of Edward J. Thomas, praying compensation for a horse lost in the military service of the United States; which was referred to the Committee on Military Affairs.

Mr. Yulee presented the petition of Ell. Harrelson, Samuel H. Stevenson, Ezekiel Parish, and Alberti D. Rogero, praying compensation for horses lost in the military service; which was referred to the Committee on Military Affairs.

Mr. Yulee presented the petition of Kennedy and Darling, praying indemnity for the destruction of their property by the Seminole Indians in 1849; which was referred to the Committee on Indian Affairs.

On motion by Mr. Yulee,

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

On motion by Mr. Yulee,

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

On motion by Mr. Yulee,

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

On motion by Mr. Davis, of Massachusetts,

Ordered , That the petition of the widow of Alexander H. Everett, deceased, on the files of the Senate, be referred to the Committee on Foreign Relations.

On motion, by Mr. Phelps, that ten thousand copies of the President's message, with the accompanying documents, be printed for the use of the Senate,

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

On motion, by Mr. Phelps, that twenty thousand copies of the annual report of the Secretary of the Treasury on the state of the finances be printed for the use of the Senate,

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

Mr. Foote submitted the following resolution for consideration:

Resolved , That it is the duty of Congress, at this session, to establish suitable territorial governments for California, for Deseret, and for New Mexico.

Mr. Clemens submitted the following resolution for consideration:

Resolved , That the President of the United States be requested to inform the Senate, as early as practicable, whether any person has been by him appointed civil or military governor of California since the 4th day of March last; and if so, who has been so appointed, and what compensation has been allowed him: also, that he be requested to inform the Senate whether any agent has been appointed by the Executive or any of the departments of the government, and sent to California with instructions or authority to organize a State government for that territory, or to aid and advise the people within its limits in such organization; and further, that he be requested to inform the Senate how the delegates recently assembled in California, calling themselves a convention, were elected; by whom the qualifications of the voters were fixed and determined; what those qualifications were, and by what law the time, places, and manner of holding said election were regulated; and further, that he be requested 0035 35 to inform the Senate whether any census of the inhabitants of said territory has been taken; and if so by what law and under what authority; and further, that he be requested to communicate to the Senate all orders, written or verbal instructions, or correspondence with any person as civil or military governor of California, or as agent on the part of the United States government in California; and further, that he be requested to inform the Senate whether any steps have been taken by the Executive, or any department of the government, to assemble a convention in New Mexico for the purpose of adopting a constitution, and making application for admission into the Union; and if so, that he be requested to communicate to the Senate all orders, instructions, and papers in relation thereto; and further, that he be requested to inform the Senate upon what ground he bases the opinion expressed in his annual message of December 4, 1849, that the people of New Mexico will, “at no very distant period, present themselves for admission into the Union.”

Mr. Houston submitted the following resolution for consideration:

Resolved , That the President of the United States be requested to communicate to the Senate all the official correspondence since the 4th of March last, between the government of the United States and the military authorities stationed at Santa Fé; also, all the correspondence between the authorities of the State of Texas and those of the United States government, relating to the boundary or occupation of the territory of Texas by the troops of the United States; also, the reasons why the judicial authority of the State of Texas has not been recognised by the military authorities at Santa Fé.

Mr. Clay submitted the following resolution for consideration:

Resolved , That the Committee on Pensions be directed to inquire into the propriety of granting a pension to Patsey Ellmore, for the services of her husband, Thomas Ellmore, during the revolutionary war, in the Virginia line; and that the Secretary of the Interior be directed to lay before the said committee the evidence in support of her application for a pension now in the Pension Office.

Mr. Cass submitted the following resolution for consideration:

Resolved , That the Secretary of War be required to furnish the Senate, as soon as practicable, with copies of the following surveys: 1st, a copy of the report, plan, and estimate for improving the entrance from Lake Michigan to Muskegon lake; 2d, a copy of the report, plan, and estimate for improving the entrance from Lake Michigan to Black river; 3d, a copy of the report, plan, and estimate for improving the entrance from Lake Michigan to Grand river.

Mr. Jones submitted the following resolution for consideration:

Resolved , That the Committee on Commerce be instructed to inquire into the expediency of making an appropriation for continuing the improvements to the navigation of the Mississippi river, at the Des Moines and Rock river rapids, in said river.

Agreeably to notice, Mr. Yulee asked and obtained leave to bring in a hilt (S. 1) to provide for the adjustment and payment of expenses incurred and obligations contracted by the State of Florida, in providing for the safety of the people of that State during the recent insurrection of the Seminole Indians; which was read the first and second times by unanimous consent, and referred to the Committee on Military Affairs.

Agreeably to notice, Mr. Walker asked and obtained leave to bring in 0036 36 a bill (S. 2) to authorize the change of venue in certain cases; which was read the first and second times by unanimous consent, and referred to the Committee on the Judiciary.

Agreeably to notice, Mr. Borland asked and obtained leave to bring in a bill (S. 3) to grant to the State of Arkansas the public lands remaining unsold on account of overflow in that State; which was read the first and second times by unanimous consent, and referred to the Committee on Public Lands.

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

S. 4. A bill for the relief of the American Colonization Society.

S. 5. A bill for the relief of Alexander R. McKee and Johnson Price.

S. 6. A bill for the relief of Theodore Offutt.

S. 7. A bill for the relief of Charles Reeder, Walter R. Johnson, and the legal representatives of Thomas P. Jones.

The said bills were read the first and second times by unanimous consent, and referred to the Committee of Claims.

Agreeably to notice, Mr. Douglas asked and obtained leave to bring in a bill (S. 8) granting one hundred and sixty acres of the public lands to the actual settler who shall reside thereon and cultivate a portion thereof, for a period of four years; which was read the first and second times by unanimous consent, referred to the Committee on Public Lands, and ordered to be printed.

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

S. 9. A bill granting to each of the States in which the public lands are situated, a quantity of lands equal to one township in each land district, to aid in making a geological survey of such States, respectively.

S. 10. A bill for the benefit of the Territory of Minnesota.

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

Mr. Phelps, by unanimous consent, asked and obtained leave to bring in a resolution (S. R. 1) suspending, for a limited time, the limitation upon the expense of collecting the revenue from customs; which was read the first and second times by unanimous consent, and referred to the Committee on Finance.

Mr. Borland, from the Committee on Printing, to whom was referred the motion to print the memorial of Ladislas Wankowicz, reported thereon. Whereupon,

Ordered , That the memorial be printed.

On motion,

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

After the consideration of Executive business,

The Senate adjourned.

MONDAY, December 31, 1849. Link to Annals.

Mr. Webster presented the petition of Caroline L. Eustis, widow of William Eustis, deceased, a surgeon in the revolutionary army, praying to be allowed a pension; which was referred to the Committee on Praying Revolutionary Claims.

Mr. Webster presented the memorial of the heirs of Joseph Proctor, deceased, praying indemnity for French spoliations prior 1800.

0037 37

Ordered , That it lie on the table.

Mr. Webster presented the memorial of certain claimants to indemnity for French spoliations prior to 1800, residing in Nantucket, Massachusetts, and the representatives of others, praying the settlement of their claims.

Ordered , That it lie on the table.

Mr. Webster presented the memorial of the heirs of Jonathan Robinson, deceased, praying indemnity for French spoliations.

Ordered , That it lie on the table.

Mr. Webster presented the memorial of the heirs and legal representatives of William Retch & Sons, praying indemnity for French spoliations.

Ordered , That it lie on the table.

Mr. Webster presented the memorial of William B. Warfield, praying indemnity for French spoliations.

Ordered , That it lie on the table.

Mr. Webster presented the memorial of the heirs of Solomon Cook, deceased, praying indemnity for French spoliations.

Ordered , That it lie on the table.

Mr. Webster presented the memorial of the heirs of Phillips Hammond, deceased, praying indemnity for French spoliations.

Ordered , That it lie on the table.

Mr. Webster presented fifteen petitions of citizens of Massachusetts, praying that the spirit ration of the navy may be abolished.

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

Mr. Webster presented thirteen petitions of citizens of Massachusetts, praying that corporal punishment may be abolished in the navy; which were referred to the Committee on Naval Affairs.

Mr. Webster presented a petition of citizens of Baltimore, Maryland, praying that the navy spirit ration may be abolished; which was referred to the Committee on Naval Affairs.

Mr. Webster presented a petition of citizens of Falmouth, Massachusetts, praying an appropriation for repairing the harbor at Woodhole, in that State; which was referred to the Committee on Commerce.

Mr. Downs presented the proceedings of a meeting of the members of the bar of the 9th and 10th judicial districts, in the State of Louisiana, in favor of certain alterations of the act of March 3, 1849, for the better organization of the district court of the United States within the State of Louisiana; which was referred to the Committee on the Judiciary.

Mr. Downs presented a petition of citizens of the parishes of Union and Claiborne, Louisiana, praying the establishment of a mail route from Farmersville to Homer, in that State; which was referred to the Committee on the Post Office and Post Roads.

Mr. Downs presented the memorial of Eli K. W. Ross, 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. Downs presented the petition of Morgan O. Ross, praying the confirmation of his title to a tract of land; which was referred to the Committee on Private Land Claims.

Mr. Downs presented the petition of Charles C. Henderson and William T. Pennington, heirs of James L. Henderson, deceased, praying 0038 38 the confirmation of their title to a tract of land; which was referred to the Committee on Private Land Claims.

Mr. Downs presented a petition of inhabitants of the parish of More-house, Louisiana, praying the confirmation of their titles to the lands occupied and cultivated by them; which was referred to the Committee on Private Land Claims.

Mr. Benton presented the petition of John Le Roy, an express rider in the Mexican war, praying to be allowed a pension in consideration of a wound received while discharging his duty; which was referred to the Committee on Pensions.

Mr. Greene presented the petition of Harriet Pearce, widow of Dutee J. Pearce, deceased, praying that the estate of her late husband may be released from liability on account of his suretyship for a defaulting purser in the navy; which was referred to the Committee on the Judiciary.

Mr. Greene presented the memorial of Thomas Lloyd Halsey, the memorial of the heirs of John L. Boss, deceased, and the memorial of the heir of Mark Coffin, deceased, praying indemnity for French spoliations.

Ordered , That they lie on the table.

Mr. Seward presented a memorial of citizens of New York, praying the establishment of a mint in that city; which was referred to the Committee on Finance.

Mr. Seward presented fifteen petitions of citizens of Maryland, praying that the spirit ration in the navy may be abolished; which were referred to the Committee on Naval Affairs.

Mr. Seward presented fourteen petitions of citizens of the State of land, praying that corporal punishment in the navy may be abolished; which were referred to the Committee on Naval Affairs.

Mr. Underwood presented the memorial of the heirs of William Beatty, deceased, an officer in the revolutionary war, praying to be allowed commutation pay; which was referred to the Committee on Revolutionary Claims.

Mr. Underwood presented the petition of William Smith and others, members of the Church of Latter Day Saints, praying that the application of the Salt lake Mormons, to be admitted as a State into the Unions, under the name of the State of Deseret, may not be granted by Congress which was referred to the Committee on Territories.

Mr. Davis, of Massachusetts, presented the memorial of Hall J. Kelly, praying to be allowed a gram of land in the Territory of Oregon, in consideration of his services and sacrifices in aiding in the exploration and settlement of that country; which was referred to the Committee on Public Lands.

On motion by Mr. Davis, of Massachusetts, that the memorial be printed,

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

Mr. Davis, of Massachusetts, presented the memorial of the heirs-at-law of Thomas Arnold, and the memorial of the heirs of Nathan Lunt, deceased, praying indemnity for French spoliations.

Ordered , That they lie on the table.

Mr. King presented the memorial of the heirs of John Marrast, deceased, the memorial of the heirs of John Smith, deceased, the memorial of the heirs of John Geyer, deceased, and the memorial of the legal representative 0039 39 of John M. Burt, deceased, praying indemnity for French spoliations.

Ordered , That they lie on the table.

Mr. Hamlin presented the memorial of the heirs and legal representatives of Otis Little, deceased, the memorial of the heirs of Mark Hatch, deceased, and the memorial of the executors of James Crawford, deceased, praying indemnity for French spoliations.

Ordered , That they lie on the table.

Mr. King presented the memorial of a committee of the Tennessee, Mississippi, and Alabama railroad convention, praying the enactment of a law granting to the Tennessee, Mississippi, and Alabama Railroad Company the right of way through the public lands, and the use of the timber and other materials on those lands, for the construction of their railroad; which was referred to the Committee on Roads and Canals.

Mr. Yulee presented a petition of members of the bar in the southern district of Florida, and of merchants at Key West, praying an increase of the salary of the judge of the southern district of Florida; which was referred to the Committee on the Judiciary.

Mr. Turney presented the petition of David Gross, 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. Cass presented the petition of E. P. Hastings, praying compensation for services as pension agent of the United States for the State of Michigan; which was referred to the Committee on Pensions.

Mr. Badger presented the memorial of the legal representatives of V. Hathaway, deceased, and Stephen Carpenter, deceased, and the memorial of the representative of Covington Simkins, deceased, praying indemnity for French spoliations.

Ordered , That they lie on the table.

Mr. Badger submitted additional documents relating to the claim of Lewis Warrington; which, with his memorial on the files of the Senate, were referred to the Committee on Naval Affairs.

Mr. Davis, of Mississippi, presented the memorial of the heirs of George Cameron, deceased, praying indemnity for French spoliations.

Ordered , That it lie on the table.

Mr. Borland presented the petition of Thomas and Elizabeth Armstrong, heirs of Josiah Fletcher, deceased, praying compensation losses by depredations committed on his property by hostile Indians in the Creek war; which was referred to the Committee of Claims.

Mr. Borland presented a memorial of Ben E. S. Ely, proposing, for the consideration of Congress, a plan for maintaining a military force in the territory of California; which was referred to the Committee on Military Affairs.

Mr. Bradbury presented the petition of David McDuffie, a soldier in the last war with Great Britain, praying an increase of pension; which was referred to the Committee on Pensions.

Mr. Bradbury presented the memorial of the heirs of Edward Emerson, jr., deceased, praying indemnity for French spoliations.

Ordered , That it lie on the table.

Mr. Upham presented a memorial of publishers of newspapers in the State of Vermont, praying that newspapers may be exempted from postage 0040 40 within a limited distance from their places of publication; which was referred to the Committee on the Post Office and Post Roads.

Mr. Bradbury presented the petition of William and John C. Bibber, praying compensation for a vessel lost while in the employ of the United States as a transport during the Mexican war; which was referred to the Committee of Claims.

Mr. Stewart presented the memorial of the heirs of James Williams, deceased, the memorial of the heirs of Thomas W. Norman, deceased, and the memorial of the heirs of the firm of Corringham & Nesbit, late merchants, praying indemnity for French spoliations.

Ordered , That they lie on the table.

Mr. Dodge, of Iowa, presented a memorial, adopted at a convention of the citizens of central Iowa, held at Iowa city, praying a grant of land to aid in the construction of the Council Bluffs and Davenport railroad; which was referred to the Committee on Public Lands.

Mr. Dodge, of Iowa, presented two petitions of citizens of Lee county, Iowa, praying an increase of the pension of isaac W. Griffith, a soldier in the Mexican war; which were referred to the Committee on Pensions.

On motion by Mr. Hunter,

Ordered , That the memorial of the heirs and representatives of P. M. Butler, on the files of the Senate, be referred to the Committee on Indian Affairs.

On motion by Mr. Yulee,

Ordered , That the petition of Allen G. Johnson, on the files of the Senate, be referred to the Committee of Claims.

On motion by Mr. Underwood,

Ordered , That the documents on the files of the Senate relating to the claim of the heirs of James Rumsey be referred to the Committee on Public Lands.

On motion by Mr. Stewart,

Ordered , That the petition of Calvin Read, and the petition of George W. Walton, on the files of the Senate, be referred to the Committee of Claims.

On motion by Mr. Sturgeon,

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

On motion by Mr. Dawson,

Ordered , That William A. Campbell, surviving partner of James C. Watson, deceased, have leave to withdraw his memorial and papers.

On motion by Mr. Davis, of Mississippi,

Ordered , That George Poindexter have leave to withdraw his petition and papers.

On motion by Mr. Webster,

Ordered , That the report of the Second Comptroller and Second Auditor of the Treasury, in relation to certain claims of the Cherokee Indians, communicated to the Senate the 27th instant, be printed.

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

On motion by Mr. Dodge, of Iowa,

Ordered , That Mr. Jones be the chairman of the said committee.

On motion by Mr. Jones,

0041 41

Ordered , That Mr. Hale be appointed to fill the vacancy in the Committee on Pensions.

Mr. Cass 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 granting to John Winchell the arrears of pension previous to the 7th of March, 1834.

Mr. Cass 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 granting a pension to the widow of Doctor Henry Lamcke, late a surgeon in the army of the United States.

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

Resolved , That the Committee on Pensions be authorized to employ a clerk during the present Congress, as has heretofore been done.

Mr. Dodge, of Iowa, 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 mail route from Bloomfield, via Ottumwa and Lancaster, to Washington, in Iowa.

Mr. Downs submitted the following resolution for consideration:

Resolved , That the President of the United States be requested to communicate to the Senate copies of all correspondence that has taken place with the Minister of Spain in Washington, or the authorities of Cuba, or the American consul at Havana, or others, concerning the abduction of Rey, alias Garcia, from New Orleans by the Spanish consul of that port, or by his procurement or connivance, together with the correspondence with the District Attorney of the United States for the eastern district of Louisiana, or other officers of the government in that State, and the instructions given touching this affair; also copies of all the proceedings and testimony and arguments of counsel, if reported to the government, had and taken relating to it before Judge Bright and Commissioner Cohen, and all the proceedings had, and reports made to the government since that examination, together with all other documents, instructions, correspondence, or other papers touching said affair, in possession of the government.

Mr. Turney submitted the following resolution for consideration: Resolved , That the President of the United States be requested to furnish the Senate with copies of all the papers, letters, remonstrances, and recommendations, now on file in any of the departments, relative to the removal or retention in office of Jesse B. Clements, late marshal of the district of Middle Tennessee, and especially that he furnish copies of the following, to wit:

1. A letter from a portion of the members of the bar and citizens of Nashville.

2. A letter from the judges of the supreme court of Tennessee, which was also signed by Judge Manney.

3. A letter from Judges Catron and Brown, judges of the circuit and district court of the United States for the State of Tennessee.

4. A letter from the grand and petit juries of the September term, 0042 42 1849, of the circuit court of the United States, holden at Nashville; also the letter of the foreman of said grand jury.

5. Letters of S. D. Freerson, William P. Martin, Thomas S. Bransford, one signed by Henry Allen and Others, Judge Cahal; two letters written by Ex-Governor N. S. Brown, the first directed to Allen A. Hall, and the second to the President of the United States; also a letter of John S. Brien to Secretary Ewing.

Mr. Douglas submitted the following resolution for consideration:

Resolved , That the Committee on Indian Affairs be instructed to inquire into the expediency of making appropriations for the extinguishment of the Indian title to that portion of the Territory of Minnesota which lies west of the Mississippi river; and also for the extinguishment of the Indian title to that portion of the Territory of Oregon which lies between the summit of the Creswell mountains and the Pacific ocean; and also for the extinguishment of the Indian title to that portion of California which lies between the summit of the Sierra Nevada or California mountains and the ocean; and also for the extinguishment of the Indian title to the valley of the Great Salt lake; and also for the extinguishment of the Indian title to that portion of New Mexico which lies east of the summit of the Sierra Madre or Rocky mountains. And also that said committee be further instructed to inquire into the expediency of laying off and setting apart a portion of the territory of the United States as one or more Indian territories, within which the emigrating Indians may be permanently located and protected.

Agreeably to notice, Mr. Seward asked and obtained leave to bring in a bill (S. 11) concerning judgments in the courts of the United States within the State of New York; which was read the first and second times, by unanimous consent, and referred to the Committee on the Judiciary.

Agreeably to notice, Mr. Borland asked and obtained leave to bring in a bill (S. 12) allowing exchanges of, and granting additional, school lands in the State of Arkansas; which was read the first and second times, by unanimous consent, and referred to the Committee on Public Lands.

Agreeably to notice, Mr. Borland asked and obtained leave to bring in a bill (S. 13) for the relief of Cincinnatus Trousdale and John G. Connelley, of Arkansas; which was read the first and second times, by unanimous consent, and referred to the Committe on Military Affairs.

Agreeably to notice, Mr. Douglas asked and obtained leave to bring in a bill (S. 14) providing for an additional term of the United States circuit and district courts at Chicago, in the State of Illinois; which was read the first and second times, by unanimous consent, and referred to the Committee on the Judiciary.

Agreeably to notice, Mr. Seward asked and obtained leave to bring in a bill (S. 15) appropriating money to remove rocks in the Hurlgate channel, and elsewhere, in the harbor of New York; which was read the first and second times, by unanimous consent, and referred to the Committee on Commerce.

Mr. Borland, from the Committee on Printing, to whom was referred, the 27th instant, the motion to print a memorial of the Chamber of Commerce of New York, reported thereon; and

Ordered , That the memorial be printed.

Mr. Borland, from the Committee on Printing to whom was referred 0043 43 the motion to print a report of the Secretary of the Navy, on the subject of transfers of appropriations, reported thereon; whereupon,

Ordered , That the report be printed.

Mr. Borland, from the Committee on Printing, to whom was referred a motion by Mr. Phelps that twenty thousand copies of the annual report of the Secretary of the Treasury on the state of the finances be printed for the use of the Senate, reported thereon; whereupon,

The motion was agreed to.

Mr. Borland, from the Committee on Printing, to whom was referred a motion by Mr. Phelps that ten thousand copies of the President's message, with the accompanying documents, be printed for the use of the Senate, reported thereon; whereupon,

The motion was agreed to.

On motion by Mr. Davis, of Massachusetts,

Ordered , That a committee, consisting of five members, be appointed on the subject of the census, and that the Vice President appoint the Committee; and

Mr. Davis, of Massachusetts, Mr. Butler, Mr. Underwood, Mr. Sturgeon, and Mr. Shields, were appointed.

On motion by Mr. Davis, of Massachusetts,

Ordered , That the report of the board of commissioners on the subject of the census, communicated with the President's message, be referred to the Committee on the Census.

On motion by Mr. Badger,

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

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

Mr. President: The House of Representatives have passed a bill (H. R. 1) to extend the privilege of franking letters and packages to Sarah Polk; in which they request the concurrence of the Senate.

The said bill from the House of Representatives was read the first and second times, by unanimous consent, and considered as in Committee of the Whole; and, no amendment being made, it was reported to the Senate.

Ordered , That it pass to a third reading.

The said bill was read a third time, by unanimous consent.

Resolved , That this bill pass.

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

After the consideration of Executive business,

The Senate adjourned.

THURSDAY, January 3, 1850. Link to Annals.

The Honorable Presley Spruance, from the State of Delaware, attended.

Mr. Walker presented a petition of citizens of Wisconsin, praying the establishment of a mail route from Milwaukie to Madison, in that State; which was referred to the Committee on the Post Office and Post Roads.

Mr. Shields presented a memorial of the late and present officers of the land office at Edwardsville, Illinois, praying that commissions may be allowed on all entries of military bounty-land warrants; which was referred to the Committee on Public Lands.

Mr. Mason presented the memorial of John N. Brickhouse and John Simkins, administrators of Coventon Simkins, deceased; the memorial of 0044 44 John C. Vowell and others, citizens of Alexandria, Virginia; and the memorial of the heirs of James Miller, deceased, praying indemnity for French spoliations.

Ordered , That they lie on the table.

Mr. Mason presented the memorial of William A. Christian, a purser in the navy, praying to be allowed a credit in his accounts for payments made to certain warrant officers on board the United States steamer Princeton; which was referred to the Committee on Naval Affairs.

Mr. Mason presented the memorial of John Crosby, administrator of Andrew D. Crosby, deceased, late a purser in the navy, praying to be allowed a credit in his accounts for payments made to certain warrant officers on board the United States ship Ontario; which was referred to the Committee on Naval Affairs.

Mr. Mason presented the memorial of Elizabeth V. Lomax, widow of a deceased army officer, praying to be allowed a pension; which was referred to the Committee on Pensions.

Mr. Davis, of Mississippi, presented the petition of J. Downs, praying compensation for forage supplied by him to a company of mounted riflemen in the Creek war; which was referred to the Committee of Claims.

Mr. Hunter presented the memorial of the heirs of Joice Billups, deceased; the memorial of the heirs of Edward Durant, deceased; the memorial of the heirs of Philip Carr, deceased; the memorial of the executor of Thomas Edmunds, deceased; the memorial of the heirs and representatives of Alexander Macaulay, deceased; and the memorial of the heirs of James Miller, deceased, praying indemnity for French spoliations.

Ordered , That they lie on the table.

Mr. Hunter presented the petition of James S. Fowler, praying compensation for services rendered and work done on the public stable built by order of the Senate; which was referred to the Committee on Public Buildings.

Mr. Bradbury presented the memorial of the heirs of William Melcher, deceased, and the memorial of the heirs of Samuel Bartlett and John Storer, deceased, praying indemnity for French spoliations.

Ordered , That they lie on the table.

Mr. Sturgeon submitted additional documents relating to the claim of Amos and John E. Kendall; which, with their memorial on the files of the Senate, were referred to the Committee on Indian Affairs.

Mr. Badger presented the memorial of the heirs of Timothy Savage, deceased, praying indemnity for French spoliations.

Ordered , That it lie on the table.

Mr. Davis, of Massachusetts, presented fifty petitions from citizens of the State Massachusetts, praying that the spirit ration in the navy may be abolished; which were referred to the Committee on Naval Affairs.

Mr. Davis, of Massachusetts, presented forty-five petitions from citizens of the State of Massachusetts, praying that corporal punishment in the navy may be abolished; which were referred to the Committee on Naval Affairs.

Mr. Baldwin presented the memorial of the heirs of Robert Allyn, deceased, praying indemnity for French spoliations.

Ordered , That it lie on the table.

Mr. Hamlin presented the petition of John A. McGaw, praying to be allowed demurrage on a vessel employed by the government as a transport 0045 45 during the war with Mexico; which was referred to the Committee on Commerce.

Mr. Hamlin presented the memorial of the legal representative of John Millikin, deceased, praying indemnity for French spoliations.

Ordered , That it lie on the table.

Mr. Bright presented a memorial and additional evidence in relation to the claim of George Hervey in behalf of the owners and consignees of the British ship James Mitchell; which, with his memorial and papers on the files of the Senate, were referred to the Committee on Naval Affairs.

Mr. Bright presented a petition of the late and present officers of the land office at Jeffersonville, Indiana, praying to be allowed commissions on entries of military bounty land warrants; which was referred to the Committee on Public Lands.

Mr. Corwin presented a memorial of S. Mason, Israel Garrard, and others, citizens of Columbus, Ohio, praying an extension of the admiralty and maritime jurisdiction of the district courts of the United States to all the navigable rivers of the United States; which was referred to the Committee on the Judiciary.

Mr. Corwin presented a memorial of the Legislative Assembly of the Territory of Minnesota, praying an appropriation for the improvement of the Mississippi river above the falls of St. Anthony; which was referred to the Committee on Commerce.

Mr. Corwin presented a memorial of the Legislative Assembly of the Territory of Minnesota, praying authority to sell, lease, or otherwise dispose of the lands granted for the use of schools in that Territory; which was referred to the Committee on Public Lands.

Mr. Corwin presented a resolution passed by the legislature of the State of Ohio, in favor of the enactment of a law reducing the price of the public lands in the vicinity of the Wabash and Erie and Miami extension canals; which was referred to the Committee on Public Lands.

Mr. Corwin presented a resolution passed by the legislature of the State of Ohio, instructing the senators and requesting the representatives of that State in Congress to inquire into the expediency of enacting a law to set apart a portion of the newly acquired territory for the benefit of such free persons of color as may become settlers thereon; which was referred to the Committee on Public Lands.

Mr. Corwin presented a resolution passed by the legislature of the State of Ohio, in favor of a modification of the law regulating the postage on newspapers; which was referred to the Committee on the Post Office and Post Roads.

Mr. Corwin presented a memorial of merchants, factors, brokers, insurers, and citizens of Ohio, praying that the admiralty and maritime jurisdiction of the district courts of the United States may be extended over all the navigable waters of the United States; which was referred to the Committee on the Judiciary.

Mr. Cooper presented a memorial of merchants and others, citizens of Pennsylvania, praying the construction of a harbor at Reedy island, in the Delaware river; which was referred to the Committee on Commerce.

Mr. Cooper presented a petition of citizens of Philadelphia, Pennsylvania, praying that the spirit ration of the navy may be abolished; which was referred to the Committee on Naval Affairs.

0046 46

Mr. Cooper presented the memorial of the executors of Robert Smith, deceased, praying indemnity for French spoliations.

Ordered , That it lie on the table.

Mr. Downs presented a petition of inhabitants of the parish of Terrebonne, Louisiana, praying that the sale of certain school lands may be confirmed, and that other lands may be granted for the use of schools in lieu thereof; which was referred to the Committee on Public Lands.

Mr. King presented the petition of W. R. Hallett, executor of Joshua Kennedy, deceased, praying compensation for the destruction of property by hostile Indians in the Creek war of 1812; which was referred to the Committee on Indian Affairs.

Mr. Butler presented the petition of Charles Brenan, John McCully, and the administrator of Francis McCully, deceased, praying compensation for a steamboat wrecked while employed by the government as a transport in the Florida war; which was referred to the Committee of Claims.

Mr. Dodge, of Iowa, presented a memorial of the Legislative Assembly of the Territory of Minnesota, praying the improvement of certain roads in that Territory; which was referred to the Committee on Roads and Canals.

Mr. Dodge, of Iowa, presented a memorial of the Legislative Assembly of the Territory of Minnesota, praying the establishment of a mail route from Prairie du Chien to Stillwater and St. Paul, in that Territory; which was referred to the Committee on the Post Office and Post Roads.

Mr. Dodge, of Iowa, presented a memorial of the Legislative Assembly of the Territory of Minnesota, praying the construction of a military road from Fort Snelling to the mouth of Sioux river, on the Missouri; which was referred to the Committee on Roads and Canals.

Mr. Dodge, of Iowa, presented a memorial of the Legislative Assembly of the Territory of Minnesota, praying an appropriation for purchasing the Sioux lands west of the Mississippi river; which was referred to the Committee on Indian Affairs.

Mr. Dodge, of Iowa, presented a memorial of the Legislative Assembly of the Territory of Minnesota, praying the improvement of the Mississippi river, above the falls of St. Anthony; which was referred to the Committee on Commerce.

Mr. Dodge, of Iowa, presented a memorial of the Legislative Assembly of the Territory of Minnesota, praying that the legislature may be empowered to sell, lease, or otherwise dispose of the lands granted for the use of schools in that Territory; which was referred to the Committee on Public Lands.

Mr. Badger presented the petition of John Mitchell, a naval pensioner, praying to be allowed an increase of pension; which was referred to the Committee on Naval Affairs.

Mr. Stewart presented the memorial of the legal heir of Robert Courtney, deceased, and the memorial of the widow and heirs of John Munnikhuysen, deceased, praying indemnity for French spoliations.

Ordered , That they lie on the table.

The Vice President laid before the Senate a resolution passed by the Legislative Assembly of the Territory of Minnesota, in favor of the removal of the Chippewa Indians from the lands ceded by them to the United States, in that Territory; which was referred to the Committee on Indian Affairs.

0047 47

The Vice President laid before the Senate the following memorials of the Legislative Assembly of the State of Wisconsin:

A memorial praying the establishment of a mail route from Prairie du Crosse to Madison, in that State; which was referred to the Committee on the Post Office and Post Roads.

A memorial praying the establishment of a mail route from the falls of St. Croix to La Pointe, on Lake Superior; which was referred to the Committee on the Post Office and Post Roads.

A memorial praying the establishment of a marine hospital on Rock island, in the Mississippi river; which was referred to the Committee on Commerce.

A memorial praying the establishment of a mail route from Waukesha to Cedarburg, in that State: which was referred to the Committee on the Post Office and Post Roads.

A memorial praying a grant of land to aid in the construction of a railroad from the falls of St. Croix to Lake Superior; which was referred to the Committee on Public Lands.

The Vice President presented the memorial of a national railroad convention, assembled at St. Louis, Missouri, in October, 1849, praying the adoption of measures for constructing a national railroad and electric telegraph, and establishing a line of military posts across the central portion of the United States, from the Mississippi river to the Pacific ocean.

On motion by Mr. Benton,

Ordered , That it lie on the table.

Mr. Phelps presented the memorial of the heir and legal representative of F. W. Geyer, deceased, praying indemnity for French spoliations.

Ordered , That it lie on the table.

Mr. Sebastian presented the petition of Thomas Johnson and John B. Johnson, praying the reimbursement of expenses incurred in defending a defective title to certain lands derived from the government; which was referred to the Committee of Claims.

Mr. Berrien presented the memorial of the widow and heirs of Abraham Sasportas, deceased, praying indemnity for French spoliations.

Ordered , That it lie on the table.

Mr. Atchison presented the following memorials of the General Assembly of the State of Missouri:

A memorial praying the construction of a central railroad from the Missouri river to the Pacific ocean.

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

A memorial praying that bounty lands may be granted to teamsters who served in the war with Mexico; which was referred to the Committee on Military Affairs, and ordered to be printed.

A memorial praying a grant of land for the improvement of the navigation of White river; which was referred to the Committee on Public Lands, and ordered to be printed.

A memorial praying that the public lands may be subject to private entry in subdivisions; which was referred to the Committee on Public Lands, and ordered to be printed.

A memorial praying an appropriation for draining and reclaiming the New Madrid lands lying in the Valley of the Mississippi in that State; which was referred to the Committee on Public Lands, and ordered to be printed.

A memorial praying Congress to take into consideration the propriety of 0048 48 granting lands in limited quantities to actual settlers who are unable to purchase; which was referred to the Committee on Public Lands, and ordered to he printed.

A memorial praying a grant of land for the improvement of the Current river; which was referred to the Committee on Public Lands, and ordered to be printed.

A memorial praying that the legislature may be authorized to relinquish the valueless and unsaleable school lands, and enter other lands in lieu thereof; which was referred to the Committee on Public Lands, and ordered to be printed.

A memorial praying that pensions may be granted to the militia who served in the last war with Great Britain; which was referred to the Committee on Pensions, and ordered to be printed.

A memorial praying a grant of land and the right of way to the Missouri and Mississippi Railroad Company for the construction of their railroad; which was referred to the Committee on Public Lands.

A memorial praying an extension of the southwestern boundary of the State and the extinguishment of the Indian title to the lands lying within the proposed boundary; which was referred to the Committee on Indian Affairs.

Mr. Atchison also presented resolutions passed by the General Assembly of the State of Missouri, declaring that Congress has no power, under the constitution, to legislate on the subject of slavery in the States, the District of Columbia, or in the territories of the United States; that the territories are the common property of the people of the United States, and any attempt, by legislation, to exclude the citizens of a portion of the Union therefrom, would be a violation of the federal compact; that while deprecating the course of the northern States on the subject of slavery, the General Assembly recommend the adoption of the Missouri Compromise, in legislating for the territories of the United States; that the right to exclude slavery in any territory belongs to the people thereof in the formation of their State constitution, or in their capacity as a sovereign State; that the State of Missouri will co-operate with the slave-holding States in all measures necessary to their mutual protection against encroachments on their constitutional rights; and instructing the senators and requesting the representatives of that State in Congress to act in conformity to the foregoing resolutions.

The resolutions were read; and,

Ordered , That they be printed.

Mr. Turney presented a petition of citizens of Tennessee, praying that the appointment of chaplains in the public service may be discontinued.

On motion by Mr. Dayton

Ordered , That it lie on the table.

On motion, by Mr. Turney, that the petition be printed,

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

Mr. Bradbury presented a petition of citizens of Maine, praying that the appointment of chaplains in the public service may be discontinued, and that Congress will refrain from all legislation on religions subjects.

Ordered , That it lie on the table.

On motion, by Mr. Bradbury, that it be printed,

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

On motion by Mr. Phelps,

0049 49

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

On motion by Mr. Underwood,

Ordered , That the petition of the legal representatives of John G. Mackall, on the files of the Senate, be referred to the Committee of Claims.

On motion by Mr. Underwood,

Ordered , That the petition of John S. Devlin, administrator of Elijah J. Weed, deceased, on the files of the Senate, be referred to the Committee of Claims.

On motion by Mr. Sturgeon,

Ordered , That the petition of William H. Burnes, on the files of the Senate, be referred to the Committee on Naval Affairs.

On motion by Mr. Downs,

Ordered , That the memorial of the representative of J. W. Mason, deceased, and others, on the files of the Senate, be referred to the Committee on Private Land Claims.

On motion by Mr. Felch,

Ordered , That the petition of the legal representatives of John Anderson, deceased, on the files of the Senate, be referred to the Committee of Claims.

On motion by Mr. Felch,

Ordered , That the petition of citizens of Saut Ste. Marie, Michigan, on the files of the Senate, relating to the appointment of commissioners for the adjustment of land titles at that place, be referred to the Committee on Public Lands.

On motion by Mr. Davis, of Mississippi,

Ordered , That the petition of H. L. Kendrick, on the files of the Senate, be referred to the Committee of Claims.

On motion by Mr. Bell,

Ordered , That the memorial of John L. McCay, in behalf of the Old Settler party of Cherokee Indians, on the files of the Senate, be referred to the Committee on Indian Affairs.

On motion by Mr. Mason,

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

On motion by Mr. Felch,

Ordered , That the petition of Gilbert Knapp, on the files of the Senate, be referred to the Committee on Commerce.

On motion by Mr. Davis, of Mississippi,

Ordered , That the map of the valley of Mexico, by Lieutenants Smith and Hardcastle, with the memoir and accompanying papers, on the files of the Senate, be referred to the Committee on Military Affairs.

On motion by Mr. King,

Ordered , That the Committee on Foreign Relations be discharged from the further consideration of the memorial of George Warfield; and,

On motion by Mr. King,

Ordered , That the said memorial lie on the table.

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

Resolved , That the Committee on Printing be authorized to suspend the publication of any part of the report of Doctor Jackson, made to the Secretary of the Interior, which relates to a machine at Bristol, and the premature 4 0050 50 publication of which would, in their judgment, be injurious to the interests of an American inventor seeking a patent for such machine in any foreign Country.

Mr. Bell 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 the estimate of Colonel Long, of the corps of topographical engineers, of the amount of money necessary to repair the break in the dam at the head of Cumberland island, in the Ohio river.

Mr. Soule 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 practicability and expense of deepening the northeast pass of the Mississippi river.

Mr. Dickinson submitted the following resolution for consideration:

Resolved , That the Postmaster General be requested to inform the Senate whether, by himself or his assistants, he has at any time removed, or attempted to remove, before the expiration of the term for which he was commissioned, by the appointment of a successor, or many other manner, and how, any deputy postmaster or postmasters who held appointments under the President of the United States, made by and with the advice and consent of the Senate, under and in pursuance of the law of Congress entitled “An act to change the organization of the Post Office Department, and to provide more effectually for the settlement of the accounts thereof,” approved July 2, 1836; and if any such removal or removals have been made or attempted, that he specify the number, the names of the officers, and the offices they held respectively. And also, that he inform the Senate whether, in his own name or that of either of his assistants, and which of them, he has appointed or claimed the authority to appoint, or attempted to appoint, persons to fill the vacancies thus created, and issued to them letters of appointment, and commissions, or either, and which of them; and whether more than one of each or of either was issued to the same appointee, and to whom, and what office or offices, and the reasons therefor; and that a copy of such letters of appointment and commissions be furnished, if in his power; and if not, the substance thereof, names, dates and signatures: and, further, whether he has attempted, and by what means, to enforce any such removal or appointment; and if such power of removal and appointment, or either, has been exercised or attempted, that he further inform the Senate under and by virtue of what authority of law the same has been done or the right claimed.

Mr. Davis, of Mississippi agreeably to notice, asked and obtained leave to bring in a bill (S. 16) granting to the State of Mississippi the right of way and a donation of public land, for the purpose of locating and constructing a railroad from Brandon to the eastern border of said State, in the direction of Montgomery, Alabama; which was read the first and second times, by unanimous consent, and referred to the Committee on Public Lands.

Mr. Davis, of Mississippi, agreeably to notice, asked and obtained leave to bring in a bill (S. 17) to increase the efficiency of the army by a retired list for disabled officers; which was read the first and second times, by unanimous consent, and referred to the Committee on Military Affairs.

Mr. Borland, agreeably to notice, asked and obtained leave to bring in 0051 51 a bill (S. 18) to divide the district of Arkansas into two judicial districts; which was read the first and second times, by unanimous consent, and referred to the Committee on the Judiciary.

Mr. Yulee, agreeably to notice, asked and obtained leave to bring in a bill (S. 19) to amend the several acts establishing the district courts of the United States in the State of Florida, and to provide for writs of error and appeal from said courts; which was read the first and second times, by unanimous consent, and referred to the Committee on the Judiciary.

Mr. Jones, agreeably to notice, asked and obtained leave to bring in a bill (S. 20) to grant a quantity of land to the State of Iowa, for the purpose of aiding said State to construct a railroad from Dubuque to Keokuk; which was read the first and second times, by unanimous consent, and referred to the Committee on Public Lands.

Mr. Atchison, agreeably to notice, asked and obtained leave to bring in a bill (S. 21) granting the right of way to the State of Missouri, and a portion of the public land for making a railroad from Hannibal to Saint Joseph; which was read the first and second times, by unanimous consent, and referred to the Committee on Public Lands.

Mr. Phelps, from the Committee on Finance, to whom was referred a joint resolution (S. R. 1) suspending, for a limited time, the limitation upon the expense of collecting the revenue from customs, reported the same with amendments.

On motion by Mr. Phelps,

Ordered , That the said resolution be the order of the day for tomorrow.

Mr. Norris, from the Committee of Claims, to whom was referred, the 24th December, a resolution to authorize the Committee of Claims to employ a clerk, reported the same without amendment.

The Senate proceeded to consider the resolution, and it was agreed to, as follows:

Resolved , That the Committee of Claims be authorized to employ a clerk, and that he be allowed such rate of compensation as is usually allowed in such cases.

Mr. Borland, from the Committee on Printing, to whom was referred the motion to print the memorial of Hall J. Kelly, reported that the memorial be not printed; whereupon

The motion to print the memorial was not agreed to.

The Senate proceeded to consider the resolution submitted by Mr. Sebastian, the 24th December, in relation to a report and map of the survey of a route from Fort Smith to Santa Fe; and the resolution was agreed to.

On motion by Mr. Seward,

Ordered , That the resolution submitted by Mr. Cass, the 24th December, respecting the suspension of diplomatic intercourse with Austria, be Printed.

On motion by Mr. Seward,

Ordered , That the resolution submitted by Mr. Foote, the 27th December, relative to the establishment of territorial governments for California, Deseret, and New Mexico, together with an amendment proposed to be made by Mr. Hale, be printed.

Mr. Rusk reported from the committee that they had examined and found duly enrolled the bill (H. R. 1) extending the privilege of franking letters and packages to Sarah Polk.

0052 52

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

Mr. President : The Speaker of the House of Representatives having signed an enrolled bill, (H. R. 1) I am directed to bring it to the Senate for the signature of their President.

The Vice President signed the enrolled bill this day reported to have been examined, (H. R. 1,) and it was delivered to the committee to be presented to the President of the United States.

Agreeably to notice, Mr. Douglas asked and obtained leave to bring in a bill (S. 22) making a donation of land to the State of Illinois, in aid of the construction of their central railroad; which was read the first and second times, by unanimous consent, referred to the Committee on Public Lands, and ordered to be printed.

After the consideration of Executive business,

The Senate adjourned.

FRIDAY, January 4, 1850. Link to Annals.

Mr. Miller presented the memorial of Roswell L. Colt, trustee of the estate of Lemuel Taylor, deceased, praying indemnity for French spoliations.

Ordered , That it lie on the table.

Mr. Douglas presented a petition of the late and present officers of the land office at Palestine, Illinois, praying that commissions may be allowed on entries of military bounty land warrants; which was referred to the Committee on Public Lands.

Mr. Sturgeon presented the petition of Frederick Dawson, James Schott, and Elisha D. Whitney, praying the payment of certain bonds issued by the government of Texas, previous to its annexation to the United States, under a contract for furnishing that republic with a naval armament; which, with the papers on the flies of the Senate, was referred to the Committee on the Judiciary.

On motion, by Mr. Sturgeon, that the petition be printed,

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

Mr. Sturgeon presented the memorial of Frederick Vincent, administrator of James Lecaze, deceased, late surviving partner of Lecaze and Mallet, praying the repayment of advances made during the revolutionary war; which with the papers on the files of the Senate relating to the claim, was referred to the Committee on Revolutionary Claims.

Mr. Borland presented the petition of Mark Bean and R. H. Bean, praying compensation for certain salt works of which they were dispossessed by the terms of the treaty of 1828, with the Cherokee nation; which was referred to the Committee on Public Lands.

Mr. Hunter presented the memorial of the administrator of Thomas Vowell; deceased, praying indemnity for French spoliations.

Ordered , That it lie on the table.

Mr. Walker presented a petition of the late and present registers and receivers of the land office at Milwaukie, Wisconsin, praying to be allowed commissions on entries of military bounty land warrants; which was referred to the Committee on Public Lands.

Mr. Norris presented the memorial of the heirs of Daniel Huntress, deceased, and the memorial of the legal representatives of T. M. Shaw, deceased, praying indemnity for French spoliations.

0053 53

Ordered , That they lie on the table.

Mr. Dickinson presented a petition of citizens of Chautauque and Erie counties, New York, praying the completion of the harbor of Cattaraugus, on Lake Erie; Which was referred to the Committee on Commerce.

Mr. Dikinson presented a petition of citizens of New York, praying the removal of obstructions in the Hurl Gate channel in the harbor of New York; which was referred to the Committee on Commerce.

Mr. Dickinson presented the petition of William G. Buckner, executor of John J. Bulow, junior, deceased, praying compensation for property destroyed by the Seminole Indians, in the Florida war; which was referred to the Committee of Claims.

Mr. Bradbury presented the memorial of Joseph Kingsbury, praying indemnity for French spoliations.

Ordered , That it lie on the table.

Mr. Felch presented a petition of the late and present registers and receivers of the land office at Ionia, Michigan, praying to be allowed commissions on entries of military bounty land warrants; which was referred to the Committee on Public Lands.

Mr. Benton presented the memorial of Peter Parker, praying the payment of a balance due him as compensation for his diplomatic services near the government of China; which was referred to the Committee on Foreign Relations.

Mr. Whitcomb presented the memorial of the heirs of Gideon Leet, deceased, praying indemnity for French spoliations.

Ordered , That it lie on the table.

Mr. Hamlin presented the memorial of Zebadiah S. Holt, heir of Ambrose Atkins, deceased, and the memorial of the heirs of Joseph Christophers, deceased, praying indemnity for French spoliations.

Ordered , That they lie on the table.

Mr. Foote presented the petition of James C. Wilson, a clerk in the office of the Chief Engineer of the army, praying an increase of compensation; which was referred to the Committee on Military Affairs.

Mr. Dodge, of Iowa, presented the petition of the representatives of Henry King, deceased, praying compensation for his services in the revolutionary war; which was referred to the Committee on Pensions.

On motion by Mr. Seward,

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

On motion by Mr. Felch,

Ordered , That the petition of Martin Dubois, on the files of the Senate, be referred to the Committee on Pensions.

On motion by Mr. Foote,

Ordered , That the petition of the representatives of John Hudry, deceased, on the files of the Senate be referred to the Committee on Military Affairs.

On motion by Mr. Foote,

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

On motion by Mr. Foote,

Ordered , That the petition of Elizabeth Jones and the other heirs of John Carr, deceased, and the memorial of Thompson Hutchinson, heir of 0054 54 Thomas Hutchinson, deceased, on the files of the Senate, be referred the Committee on Pensions.

On motion by Mr. Whitcomb,

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

On motion by Mr. Baldwin,

Ordered , That Ezra Chapman have leave to withdraw his petition and papers.

On motion by Mr. Corwin,

Ordered , That Demas Deming have leave to withdraw his petition and papers.

On motion by Mr. Yulee,

Ordered , That Samuel S. Rind have leave to withdraw his petition and papers.

Mr. Phelps submitted the following resolution for consideration:

Resolved , That the Committee on Commerce be instructed to inquire into the expediency of so modifying the act entitled “An act allowing drawback upon foreign merchandise exported in the original packages to Chihuahua and Santa Fe, in Mexico, and to the British North American provinces adjoining the United States,” approved March 3, 1845, as to allow the benefit of drawback upon goods exported to the British provinces by railroad.

Mr. Benton submitted the following resolution for consideration:

Resolved , That the Secretary of the Interior be directed to inform the Senate of the number of acres of public land granted to different States for objects of internal improvement, and the amount of public lands originally contained in such States, respectively, and the number of acres necessary to make the grants to each State equal to the maximum quantity now granted to the State which has received the greatest quantity.

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

Resolved , That the Secretary of War be directed to communicate to the Senate a copy of a survey and examination of the river Savannah, made by Martin L. Smith, lieutenant of topographical engineers, with a view to the improvement of the navigation of the said river, and the estimates accompanying the same.

Agreeably to notice, Mr. Mason asked and obtained leave to bring in a bill (S. 23) to provide for the more effectual execution of the third clause of the second section of the fourth article of the constitution of the United States; which was read the first and second times, by unanimous consent, referred to the Committee on the Judiciary, and ordered to be printed.

Agreeably to notice, Mr. Dickinson asked and obtained leave to bring in a bill (S. 24) to establish a branch of the mint of the United States in the city of New York; which was read the first and second times, by unanimous consent, referred to the Committee on Finance, and ordered to be printed.

Agreeably to notice, Mr. Badger asked and obtained leave to bring in a bill (S. 25) to refund to the State of North Carolina the amount of money advanced and transportation furnished to volunteers from that State during the late war with Mexico; which was read the first and second times, by unanimous consent, and referred to the Committee on Military Affairs.

Agreeably to notice Mr. Borland asked and obtained leave to bring in 0055 55 a bill (S. 26) to revive a portion of an act for the relief of the widows of deceased soldiers; which was read the first and second times, by unanimous consent, and referred to the Committee on Pensions.

Agreeably to notice, Mr. Felch asked and obtained leave to bring in a bill (S. 27) to reduce the minimum price of the mineral lands in the Lake Superior district, in Michigan, and in the Chippewa district of Wisconsin; which was read the first and second times, by unanimous consent, and referred to the Committee on Public Lands.

The Senate proceeded to consider the resolution submitted by Mr. Cass, the 24th December, that the Committee on Foreign Relations be instructed to inquire into the expediency of suspending diplomatic relations with Austria; and,

After debate,

On motion by Mr. Hale,

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

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

To the Senate and House of Representatives of the United States:

I herewith submit to you copies of a correspondence with the lady of Sir John Franklin, relative to the well-known expedition under his command to the arctic regions, for the discovery of a northwest passage. On the receipt of her first letter imploring the aid of the American government in a search for the missing ships, engaged in an enterprise which interested all civilized nations, I anxiously sought the means of affording that assistance, but was prevented from accomplishing the object I had in view, in consequence of the want of vessels suitable to encounter the perils of a proper exploration, the lateness of the season, and the want of an appropriation by Congress to enable me to furnish and equip an efficient squadron for that object. All that I could do, in compliance with a request which I was deeply anxious to gratify, was to cause the advertisements of reward promulged by the British government, and the best information I could obtain as to the means of finding the vessels under the command of Sir John Franklin, to be widely circulated among our whalers and seafaring men, whose spirit of enterprise might lead them to the inhospitable regions where that heroic officer and his brave followers, who periled their lives in the cause of science and for the benefit of the world, were supposed to be imprisoned among the icebergs, or wrecked upon a desert shore.

Congress being now in session, the propriety and expediency of an appropriation for fitting out an expedition to proceed in search of the missing ships, with their officers and crews, is respectfully submitted to your consideration.

Z. TAYLOR.

Washington , January 4, 1850.

The message was read.

On motion by Mr. Davis, of Mississippi,

Ordered , That it be referred to the Committee on Naval Affairs, and, with the accompanying documents, printed.

On motion by Mr. Badger,

0056 56

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

After the Consideration of Executive business,

The Senate adjourned.

MONDAY, January 7, 1850. Link to Annals.

Mr. Hale presented a memorial of the legal representatives of William Ham, deceased; a memorial of John McClintock and others, of Portsmouth, New Hampshire; a memorial of the heirs-at-law of Samuel Hill, deceased; and a memorial of Elizabeth H. Thacker, praying indemnity for French spoliations.

Ordered , That they lie on the table.

Mr. Hale presented the petition of Lois Brewster, widow of a revolutionary soldier, praying to be allowed a pension; which was referred to the Committee on Pensions.

Mr. Clay presented the memorial of John D. D. Rosset, praying indemnity for French spoliations.

Ordered , That it lie on the table.

Mr. Clay presented a memorial of Ether Shepley and others, citizens of Portland, Maine, praying the recognition by the united States of the independence of the republic of Liberia; which was referred to the Committee on Foreign Relations.

Mr. Greene presented the memorial of William C. Gibbs and others, praying indemnity for French spoliations.

Ordered , That it lie on the table.

Mr. Hunter presented the memorial of the heirs of Andrew Glassell, deceased, and the memorial of the heirs of John Dunlop, deceased, praying indemnity for French spoliations.

Ordered , That they lie on the table.

Mr. Webster presented a memorial of Henry P. Hickok and others, citizens of Burlington, Vermont, praying such an amendment of the patent laws as will give greater security to the rights of American inventors; which was referred to the Committee on the Judiciary.

Mr. Webster presented four petitions of manufacturers of shoe lasts and others, citizens of Massachusetts, praying to be protected against certain infringements upon their patent rights; which were referred to the Committee on the Judiciary.

Mr. Webster presented the memorial of Thomas Blanchard, inventor of a machine called “Blanchard's Self-directing machine,” praying to be protected against certain infringements upon his patent right; which was referred to the Committee on the Judiciary.

Mr. Dickinson presented two petitions of citizens of the United States, praying that diplomatic intercourse between the United States and the government of Austria may be suspended; which were referred to the Committee on Foreign Relations.

Mr. Dickinson presented the memorial of George R. Herrick, praying compensation for services as a clerk in the office of the Commissioner of Indian Affairs; which was referred to the Committee of Claims.

Mr. Dickinson presented a petition of citizens of West Troy, New York, praying that the soldiers who served in the Florida war may be entitled to the same allowance of bounty land that was granted to those who 0057 57 served in the war with Mexico; which was referred to the Committee on Military Affairs.

Mr. Berrien presented the petition of William M. Brown, United States marshal for the district of Georgia praying an increase of compensation; which was referred to the Committee on the Judiciary.

Mr. Berrien presented the petition of Henry F. Willink, praying permission to purchase a certain lot of ground belonging to the United States in the city of Savannah, Georgia; which was referred to the Committee on the Judiciary.

Mr. Foote presented a petition of the register and receiver of the land office at Jackson, Mississippi, praying to be allowed commissions on entries of military bounty-land warrants; which was referred to the Committee on Public Lands.

Mr. Davis, of Massachusetts, presented forty petitions from citizens of that State, praying that corporal punishment may be abolished in the navy; which were referred to the Committee on Naval Affairs.

Mr. Yulee presented the memorial of the heirs of James Chace, deceased, praying indemnity for French spoliations.

Ordered , That it lie on the table.

Mr. Yulee presented the memorial of Charles Byrne, praying to be allowed interest on money paid for lands and refunded by the United States on account of a defective title; which was referred to the Committee on Public Lands.

Mr. Miller presented a petition of manufacturers of shoe lasts in the city of New York, praying to be protected against certain violations of their patent rights; which was referred to the Committee on the Judiciary.

Mr. Mason presented the memorial of the administrator of Ambrose Vasse, deceased, the petition of George Taylor, and the petition of the legal representatives of Alexander Macauley, deceased, praying indemnity for French spoliations.

Ordered , That they lie on the table.

Mr. Mason presented the petition of Thomas Dennis, late a seaman in the navy, praying to be allowed a pension on account of injuries received in the discharge of his duty; which was referred to the Committee on Naval Affairs.

Mr. Atchison presented a petition of the register and receiver of the land office at St. Louis, and a petition of the register and receiver of the land office at Palmyra, in Missouri, praying to be allowed commissions on entries of land under bounty-land warrants; which were referred to the Committee on Public Lands.

Mr. Sturgeon presented the memorial of Henry Simpson, praying payment of a balance due for his services as appraiser for the port of Philadelphia; which was referred to the Committee on Finance.

Mr. Sturgeon presented the memorial of the heirs of James Vanuxem, deceased, and the memorial of the heirs of R. O'Brien, deceased, praying indemnity or French spoliations.

Ordered , That they lie on the table.

Mr. Pearce presented the memorial of William H. Marriott, praying compensation for extra services while collector of the customs for the port of Baltimore; which was referred to the Committee on Finance.

Mr. Pearce presented the memorial of the heir of William Duncan, deceased, 0058 58 and the memorial of George T. Warfield, praying indemnity for French spoliations.

Ordered , That they lie on the table.

Mr. Butler presented proceedings of the Chamber of Commerce of Charleston, South Carolina, in favor of the establishment of a branch of the United States mint at that place; which were referred to the Committee on Finance.

Mr. Bright submitted documents relating to the claim of B. F. Muller to compensation for medical services and losses in the late war with Mexico; which were referred to the Committee of Claims.

Mr. Whitcomb presented the memorial of the heirs of William C. Keene, deceased, an officer in the last war with Great Britain, praying to be allowed a pension; which was referred to the Committee on Pensions.

Mr. Underwood submitted documents relating to the claim of the heirs of William Vawters, deceased, an officer in the revolutionary army, to commutation pay; which were referred to the Committee on Revolutionary Claims.

Mr. Chase presented a petition of citizens of Cincinnati, Ohio, praying that the reports of the debates and proceedings of the Senate may be printed in phonetic character.

On motion, by Mr. Chase, that it be printed,

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

Mr. Chase presented a petition of citizens of Clarke county, Ohio, praying that the rates of postage may be reduced; and the franking privilege abolished; which was referred to the Committee on the Post Office and Post Roads.

Mr. Cooper presented seventeen petitions of miners, laborers, mechanics, and others, citizens of Schuylkill county, Pennsylvania, praying that the tariff may be remodelled on the principle of ad valorem duties, and protection to domestic industry; which were referred to the Committee on Finance.

Mr. Cooper presented four petitions of citizens of Pennsylvania, praying that the spirit-ration in the navy may be abolished; which were referred to the Committee on Naval Affairs.

Mr. Cooper presented five petitions of citizens of Pennsylvania, praying that corporal punishment in the navy may be abolished; which were referred to the Committee on Naval Affairs.

Mr. Cooper presented a memorial of citizens of Pennsylvania, praying that the officers and soldiers of the last war with Great Britain may be placed on the same footing, as to pay and bounty-land, with the officers and soldiers who served in the Mexican war; which was referred to the Committee on Military Affairs.

Mr. Cooper presented the petition of the heir-at-law of Robert Cunningham, deceased, praying the payment of certain promissory notes issued by the continental Congress; which was referred to the Committee on Finance.

Mr. Cooper presented a memorial of merchants, and other citizens of Pennsylvania, praying the construction of a harbor on reedy island, in the Delaware river; which was referred to the Committee on Commerce.

Mr. Davis, of Mississippi, submitted documents relating to the claim of the clerks in the office of the Adjutant General of the army to an increase 0059 59 of compensation; which, with their memorial on the files of the Senate, were referred to the Committee of Claims.

Mr. Stewart presented the memorial of the heirs of John Ross, ceased, and the memorial of the widow of T. Ring, deceased, praying indemnity for French spoliations.

Ordered , That they lie on the table.

Mr. Dodge, of Wisconsin, presented the petition of John P. Sheldon, praying to be allowed additional compensation for services as assistant book-keeper in the office of the Third Auditor; which was referred to the Committee of Claims.

Mr. Dickinson presented the petition of David P. Barhydt, praying compensation for his services as an officer in the custom-house at New York; which was referred to the Committee on Commerce.

Mr. Dodge, of Iowa, presented a petition of the mixed-blood Indians of the Menomonee nation, praying the payment of the fund set apart for them by the treaty of October 18, 1848; which was referred to the Committee on Indian Affairs.

Mr. Dodge, of Iowa, presented a petition of the late and present registers and receivers of the land offices at Dubuque and Fairfield, Iowa, praying to be allowed commissions on entries of land under bounty-land warrants; which were referred to the Committee on Public Lands.

Mr. Stewart presented the memorial of Thomas R. Johnson, administrator of Rinaldo Johnson, deceased, and Sarah A. Nuttrill, administratrix of Ann E. Johnson, deceased, praying compensation for a quantity of tobacco destroyed by the enemy in the year 1814; which was referred to the Committee of Claims.

On motion by Mr. Dickinson,

Ordered , That the petition of William H. Topping, on the files of the Senate, be referred to the Committee of Claims.

On motion by Mr. Seward,

Ordered , That the memorial of Barclay & Livingston and others, on the files of the Senate, be referred to the Committee on Finance.

On motion by Mr. Yulee,

Ordered , That the petition of Gad Humphreys and the petition James Edwards, on the files of the Senate, be referred to the Committee on Military Affairs.

On motion by Mr. Mason,

Ordered , That the petition of the representatives of Moses Shepherd, on the files of the Senate, be referred to the Committee on Roads and Canals.

On motion by Mr. Pearce,

Ordered , That the petition of Mary Williams, on the files of the Senate, be referred to the Committee of Claims.

On motion by Mr. Douglas,

Ordered , That the petition of Thomas, Cowperthwaite, and Company, the resolutions of the several State legislatures, and the memorials on the files of the Senate, relating to the subject of the distribution of the decisions of the Supreme Court of the United States, be referred to the Committee on the Judiciary.

On motion by Mr. Bright,

Ordered , That the petition of John Spencer, on the files of the Senate, by referred to the Committee of Claims.

0060 60

On motion by Mr. Felch,

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

On motion by Mr. Sebastian,

Ordered , That the petition of Joseph P. Williams, on the files of the Senate, be referred to the Committee on Private Land Claims.

On motion by Mr. Davis, of Massachusetts,

Ordered , That the petition of the heirs of Timothy P. Anderson, deceased, on the files of the Senate, be referred to the Committee on Patents and the Patent Office.

On motion by Mr. Cooper,

Ordered , That the petition of Evelina Porter, widow of the late Commodore David Porter, on the files of the Senate, be referred to the Committee on Pensions.

On motion by Seward,

Ordered , That the memorial of L. Bradish and others, citizens of New York, presented the 27th December, be referred to the Committee on the Census.

On motion by Mr. Hunter,

Ordered , That the executor of Carter Page, deceased, have leave to withdraw his petition and papers.

On motion by Mr. Mason,

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

Mr. Soulé 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 causes of the irregularities with which the mail service is performed between Washington and New Orleans, and to report on the most effectual means of removing them.

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

Resolved , That the Secretary of the Treasury be directed to return to the Senate the petition and papers of Horace Southmayd and son, with a view to legislative action thereon.

Mr. Foote submitted the following resolution for consideration; which was read:

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

On motion by Mr. Hunter,

Ordered , That the heirs of Thomas G. Peachy have leave to withdraw their petition and papers.

Mr. Borland, from the Committee on Printing, to whom was referred the motion to print the petition of Frederick Dawson and others, reported that the petition be not printed; and the report was concurred in.

Mr. Felch, from the Committee on Public Lands, to whom was referred the bill (S. 27) to reduce the minimum price of the mineral lands in the Lake Superior district in Michigan, and in the Chippewa district of Wisconsin, reported it without amendment.

Agreeably to notice, Mr. Sebastian asked and obtained leave to bring in a bill (S. 28) in relation to donations of land to certain persons in the 0061 61 State of Arkansas; which was read the first and second times, by unanimous consent, and referred to the Committee on Public Lands.

Agreeably to notice, Mr. Underwood asked and obtained leave to bring in a bill (S. 29) to provide for the unpaid claims of the officers and soldiers of the Virginia State and continental lines of the revolutionary army; which was read the first and second times, by unanimous consent, and referred to the Committee of Claims.

Agreeably to notice, Mr. Downs asked and obtained leave to bring in a bill (S. 30) authorizing new selections of land in lieu of worthless school sections, or sections of inferior quality, and for other purposes; which was read the first and second times, by unanimous consent, and referred to the Committee on Public Lands.

Agreeably to notice, Mr. Yulee asked and obtained leave to bring in a bill (S. 31) amendatory of an act entitled “An act to provide for the payment of horses and other property lost or destroyed in the military service of the United State,” approved 3d March, 1849; which was read the first and second times, by unanimous consent, and referred to the Committee on Military Affairs.

Agreeably to notice, Mr. Walker asked and obtained leave to bring in a bill (S. 32) to regulate appeals from the trial of issues in the District of Columbia; 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 resolution submitted by Mr. Clemens the 27th December, in relation to the appointment of civil or military governor of California, the organization of a State government under his instructions, and to a proposed convention in Mexico.

An amendment having been proposed by Mr. Miller,

On motion, by Mr. Douglas, that the resolution lie on the table,

It was determined in the affirmative,

Yeas, 29

Nays, 29

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. Badger, Baldwin, Benton, Bradbury, Bright, Chase, Clark, Clay, Corwin, Davis of Massachusetts, Dayton, Douglas, Greene, Hale, Hamlin Jones, Mangum, Miller, Norris, Pearce, Phelps, Shields, Smith, Spruance, Underwood, Upham, Wales, Walker, Whitcomb.

Those who voted in the negative are,

Messrs. Atchison, Bell, Berrien, Borland, Butler, Calhoun, Cass, Clemens, Cooper, Davis of Mississippi, Dawson, Dickinson, Dodge of Iowa, Dodge of Wisconsin, Downs, Foote, Houston, Hunter, King, Mason, Morton, Rusk, Sebastian, Seward, Soulé, Stewart, Sturgeon, Turney, Yulee.

The Senate being equally divided, the Vice President determined the question in the affirmative.

On motion by Mr. Dickinson,

Ordered , That the resolution submitted by Mr. Dickinson the 3d instant, in relation to certain removals from office, be printed.

The Senate proceeded to consider the resolution submitted by Mr. Houston, the 27th December, relating to the correspondence between the authorities of the State of Texas and those of the government of the 0062 62 United States, on the subject of the boundary of Texas; and the resolution was agreed to.

The Senate proceeded to consider the resolution submitted by Mr. Cass, the 27th December, relating to certain surveys in the State of Michigan; and the resolution was agreed to.

The Senate proceeded to consider the resolution submitted by Mr. Jones, that the Committee on Commerce be instructed to inquire into the expediency of making an appropriation to continue improvements in the navigation of the Mississippi river; and the resolution was agreed to.

The Senate proceeded to consider the resolution submitted by Mr. Downs, requesting the President of the United States to communicate copies of the correspondence with the minister of Spain in Washington, or the authorities of Cuba, or the American consul at Havana, concerning the abduction of Rey, alias Garcia, from New Orleans; and the resolution was agreed to.

The Senate proceeded to consider the resolution submitted by Mr. Douglas, respecting the extinguishment of the Indian title in the Territories of Minnesota, Oregon, California, and New Mexico; and the resolution was agreed to.

The Senate proceeded to consider the resolution submitted by Mr. Benton, the 4th instant, respecting the grants of the public land to the several States; and the resolution was agreed to.

The Senate proceeded to consider the resolution submitted by Mr. Phelps, the 4th instant, respecting an allowance of drawback on goods transported by railroads to the British provinces; and the resolution was agreed to.

The Senate proceeded to consider the resolution submitted by Mr. Cass, the 24th December, in relation to a suspension of diplomatic intercourse with Austria; and,

After debate,

On motion by Mr. Hale,

The Senate adjourned.

TUESDAY, January 8, 1850. Link to Annals.

Mr. Stewart presented the memorial of Eliza M. Kiddall, Ann Wildes, and Mary Smith, praying indemnity for French spoliations.

Ordered , That it lie on the table.

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

Ordered , That the petition of the representatives of William Russwurm, on the files of the Senate, be referred to the Committee on Revolutionary Claims.

Mr. Seward presented the petition of J. Sidney Henshaw, late a professor of mathematics in the navy, praying to be allowed the three months' pay granted to discharged officers; which was referred to the Committee on Naval Affairs.

Mr. Seward presented a memorial of William W. Smith and others, citizens of the United States, praying that provision may be made for obtaining certain statistical information in connexion with the census of 1850; which was referred to the Select Committee on the Census.

Mr. Seward presented the memorial of the heirs of Joseph Mussi, deceased, praying indemnity for French spoliations.

0063 63

Ordered , That it lie on the table.

Mr. Greene presented the petition of Marie Mason, widow of Milo Mason, deceased, late an officer in the army, praying to be allowed certain arrearages of pay due her late husband, and reimbursement of money expended by him in the public service; which was referred to the Committee on Military Affairs.

Mr. Downs presented the memorial of L. E. L. A. Lawson, daughter and heir of Eleazer W. Ripley, deceased, praying the payment of a verdict rendered in favor of her late father in a suit instituted against him by the United States; which was referred to the Committee on the Judiciary.

Mr. Mason presented the memorial of the legal representative of John W. Burt, deceased, and the memorial of Nathaniel Wattles, President of the Marine Insurance Company of Alexandria, praying indemnity for French spoliations.

Ordered , That they lie on the table.

Mr. Mason presented the memorial of the President and Directors of the Potomac Insurance Company of Georgetown, in the District of Columbia, praying a renewal of their charter; which was referred to the Committee on the District of Columbia.

Mr. Baldwin presented the memorial of Sarah Snow, and the memorial of the heirs of Jabez Huntington, deceased, praying indemnity for French spoliations.

Ordered , That they lie on the table.

Mr. Dickinson presented the memorial of the administrator of William Woodworth, deceased, patentee of a planing machine, praying the renewal of his patent; which was referred to the Committee on Patents and the Patent Office.

Mr. Dickinson presented the memorial of James Robertson, praying an investigation of certain charges made against him of threatening with violence a member of the Senate and redress for illegal imprisonment therefor; which was referred to the Committee of Claims.

Mr. Atchison presented the memorial of Gustavus A. Parsons, praying compensation for his services in raising and organizing the volunteers furnished by the State of Missouri for the Mexican war; which was referred to the Committee on Military Affairs.

Mr. Sturgeon presented the petition of Nancy Kirkpatrick, widow of a revolutionary soldier, praying to be allowed arrears of pension; which was referred to the Committee on Pensions.

Mr. Underwood presented a petition of citizens of Kentucky, praying the adoption of measures for the peaceable adjustment of international difficulties; which was referred to the Committee on Foreign Relations.

Mr. Dayton presented the petition of Francis B. Stockton, a purser in the navy, praying the repayment of money expended on public account in the port of Southampton, England, while on board the United States ship St. Lawrence; which was referred to the Committee on Naval Affairs.

Mr. Dayton presented the petition of Francis B. Stockton, a purser in the navy, praying to be released from liability for a sum of money lost in consequence of the failure of the bank in which it was deposited; which was referred to the Committee on Naval Affairs.

Mr. Dayton presented the petition of Francis B. Stockton, a purser in the navy, praying the repayment of expenses incurred in purchasing supplies 0064 64 for the public service; which was referred to the Committee on Naval Affairs.

Mr. Calhoun presented the memorial of the heirs of James Cox, deceased, praying indemnity for French spoliations.

Ordered , That it lie on the table.

Mr. Dodge, of Iowa, presented a petition of citizens of Madison and Polk counties, Iowa, praying the establishment of a mail route from Fort Desmoines to Council Bluffs, and a mail route from Winterset, in Iowa, to Athens, Missouri; which was referred to the Committee on the Post Office and Post Roads.

Mr. Smith presented a petition of citizens of Bridgeport, Connecticut, praying an appropriation for improving the harbor at that place; which was referred to the Committee on Commerce.

Mr. Smith presented the petition of Frances P. Gardiner, widow of an army officer, who was killed in battle, praying to be allowed a pension; which was referred to the Committee on Military Affairs.

Mr. Smith presented the petition of Frances Fowler, widow of an army officer who died in the service, praying to be allowed a pension; which was referred to the Committee on Military Affairs.

Mr. Upham presented a report of a committee, and resolutions, adopted by the General Assembly of Vermont, recommending the establishment of a Bureau of Agriculture in the Department of the Interior at Washington; which were referred to the Committee on Agriculture and ordered to be printed.

On motion by Mr. Mason,

Ordered , That the petition of Nathaniel Kuykendall, on the files of the Senate, be referred to the Committee on the Post Office and Post Roads.

On motion by Mr. Pearce,

Ordered , That the petition of the heirs of Robert Sewall, deceased, on the files of the Senate, be referred to the Committee of Claims.

On motion by Mr. Benton,

Ordered , That the petition of Thomas Allen, on the files on the Senate, be referred to the Committee of Claims.

On motion by Mr. Dodge, of Iowa,

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

On motion by Mr. Bright,

Ordered , That the documents on the files of the Senate relating to the claim of Gamaliel Taylor and his securities be referred to the Committee of Claims.

On motion by Mr. Bell,

Ordered , That the memorial of the delegates of the Creek nation of Indians, on the files of the Senate, be referred to the Committee on Indian Affairs.

On motion by Mr. Corwin,

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

Mr. Rusk reported from the committee that they yesterday presented to the President of the United States the bill (H. R. 1) to extend the privilege of franking letters and packages to Sarah Polk.

0065 65

Mr. Upham presented resolutions, passed by the Senate and House of Representatives of the State of Vermont, expressive of their opinion of the powers conferred on Congress by the constitution; requesting the senators and representatives of that State in Congress to resist, by constitutional means, the extension of slavery, and to exclude slavery from the District of Columbia; and instructing the senators and requesting the representatives of the said State to use their exertions for the organization of certain territorial governments, with a provision excluding involuntary servitude, except for crime.

The resolutions were read,

On motion, by Mr. Upham, that they be printed,

A motion was made by Mr. Rusk, that the motion lie on the table; and

It was determined in the negative,

Yeas, 11

Nays, 46

On motion by Mr. Hale,

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

Those who voted in the affirmative are,

Messrs. Berrien, Calhoun, Davis of Mississippi, Dawson, Downs, Houston, Rusk, Soulé, Stewart, Turney, Yulee.

Those who voted in the negative are,

Messrs. Atchison, Badger, Baldwin, Bell, Benton, Borland, Bradbury, Bright, Butler, Chase, Clarke, Clay, Clemens, Cooper, Corwin, Davis of Massachusetts, Dayton, Dickinson, Dodge of Wisconsin, Dodge of Iowa, Douglas, Felch, Foote, Greene, Hale, Hamlin, Hunter, Jones, Mangum, Mason, Miller, Morton, Norris, Pearce, Phelps, Sebastian, Seward, Shields, Smith, Spruance, Sturgeon, Underwood, Upham, Wales, Walker, Whitcomb.

On motion,

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

The Vice President laid before the Senate a report of the Secretary of War, made in compliance with a resolution of the Senate, accompanied by a report and map of the route from Fort Smith, Arkansas, to Santa Fé, New Mexico, made by Lieutenant J. H. Simpson, of the corps of topographical engineers.

The report was read, and ordered to be printed.

The Senate resumed the consideration of the resolution, submitted by Mr. Cass, respecting a suspension of diplomatic intercourse with Austria; and

After debate,

On motion by Mr. Downs,

The Senate adjourned.

WEDNESDAY, January 9, 1850. Link to Annals.

Mr. Seward presented the memorial of Conrad W. Faber and Leopold Bierswirth, merchants in the city of New York, praying that certain bonds required by the Executive of the United States, as a guarantee against a violation of the neutral obligations of the United States, in the construction and equipment of a war steamer in the port of New York, may be cancelled; which was referred to the Committee on Foreign Relations.

Mr. Seward submitted documents, showing the amount of bullion and specie imported into the pert of New York from California, from June 1st 5 0066 66 to December 31st, 1849; the amount of specie in the banks and government depositories in New York during the years 1848 and 1849; and other statistical information, in relation to the establishment of a branch mint in the city of New York; which were referred to the Committee on Commerce.

On motion, by Mr. Seward, that they be printed,

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

Mr. Greene presented the memorial of the Warren Insurance Company, of Rhode Island, and others, citizens of that State, praying indemnity for French spoliations.

Ordered , That it lie on the table.

Mr. Hunter presented the memorial of the heirs of Benjamin Nones, deceased, praying indemnity for French spoliations.

Ordered , That it lie on the table.

Mr. Dickinson presented the memorial of Wendell and Van Benthuysen, late contractors for executing printing to Congress, praying to be allowed additional compensation; which was referred to the Committee on Printing.

Mr. Dickinson presented petition of citizens of the United States, praying that diplomatic intercourse between the United States and the government of Austria may be suspended; which was referred to the Committee on Foreign Relations.

Mr. Dickinson presented the memorial of the Panama Railroad Company, proposing to carry the mails to the Pacific free of charge, on the condition that, on the completion of their railroad, they may have the exclusive right, by law, to transport the troops, mails, and other property of the United States, at a fixed compensation; which was referred to the Committee on Commerce.

On motion, by Mr. Dickinson, that the memorial be printed,

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

Mr. Hamlin presented a petition of citizens of Searsmont, Maine, praying that the rates of postage may be reduced, and the franking privilege abolished; which was referred to the Committee on the Post Office and Post Reads.

Mr. Smith presented the memorial of Joseph Sims and others, the memorial of the heirs of Moses Gaylord, deceased, and the memorial of Prudence Doane widow of Nathaniel Donne, deceased praying indemnity for French spoliations.

On motion by Mr. Smith,

Ordered , That they be referred to a select committee, consisting of five members; and that the memorials on the subject of French spoliations heretofore presented be referred to the same committee.

Mr. Jones presented a petition of citizens of Iowa praying the establishment of a mail route from Tom Corwin to Fort Atkinson, and a petition of citizens of Iowa, praying the establishment of a mail route from Tom Corwin to Lansing, in that State; which were referred to the Committee on the Post Office and Post Roads.

Mr. Benton presented the petition of John Thomas, inventor of the floating dry-dock, praying compensation for the use of his invention by the United States; which was referred to the Committee on Naval Affairs.

Mr. Butler presented the memorial of the heirs of Thomas Fraser, deceased, praying indemnity for French spoliations.

Ordered , That it lie on the table.

0067 67

Mr. Dodge, of Iowa, presented a petition of Edward Tracy and others, praying that the benefits of the act of August 11, 1848, for the relief of John P. B. Gratiot and the legal representatives of Henry Gratiot, may be extended to the lessees of lead mines lying in the lands of the Ottowa and other tribes of Indians; which was referred to the Committee of Claim.

Mr. Dodge, of Iowa, presented a petition of citizens of Iowa, praying the establishment of a mail route from Eddyville to the seat of justice of Lucas county, in that State; which was referred to the Committee on the Post Office and Post Roads.

On motion by Mr. Clemens,

Ordered , That the petition of Charles G. Gunter on the files of the Senate, be referred to the Committee on Private Land Claims.

On motion by Mr. Mason,

Ordered , That the petition of John B. White, on the flies of the Senate, be referred to the Committee on Pensions.

On motion by Mr. Whitcomb,

Ordered , That the petition of Isaac P. Simonton, on the files of the Senate, be referred to the Committee on Indian Affairs.

On motion by Mr. King,

Ordered , That Hugh Wallace Wormley have leave to withdraw the documents on the files of the Senate relating to his claim.

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

Resolved , That the petition and papers of certain Seminole warriors, in service, under the orders of General Gaines, in Florida, be withdrawn from the flies of the Senate, and that they be referred to the Secretary of War; and that he be directed to report to the Senate the amount due to said Indians for their services.

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

Resolved , That the Committee on Military Affairs be instructed to inquire into the expediency of making an appropriation for the erection of a fortification on Dauphin island, in the bay of Mobile, and also Ship island, or either of them.

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

Resolved , That the Committee to Audit and Control the Contingent Expenses of the Senate be authorized to audit and pay to John Skirving his account for services, during the last session of Congress, in ventilating the Senate chamber, not exceeding the pay of a messenger.

Mr. Seward submitted the following resolution for consideration:

Resolved , That the conduct of Austria and of Russia, in the war in which these powers have subverted the nationality and the liberties of Hungary, has been marked by injustice, oppression and barbarity, which justly deserve the condemnation of mankind, while they commend the Hungarian people to the sympathies of other nations, and especially of republican states; and that the Committee on Public Lands be directed to inquire and report on the propriety of setting apart a portion of the public domain, to be granted, free of all charges, to the exiles of Hungary already arrived and hereafter to arrive in the United States, as well as to the exiles fleeing from oppression in other European countries.

0068 68

On motion by Mr. Sebastian,

The vote on the subject of printing the report of the Secretary of War, accompanied by a map of the route from Fort Smith to Santa Fé, was reconsidered; and,

On motion by Mr. Sebastian,

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

On motion by Mr. Douglas,

Ordered , That the consideration of the special order of the day be postponed for one hour.

Agreeably to notice Mr. Butler asked and obtained leave to bring in a bill (S. 33) to regulate the fees and costs to be allowed clerks, marshals, and attorneys of the circuit and district courts of the United States, and for other proposes; which was read the first and second times, by unanimous consent, referred to the Committee on the Judiciary, and ordered to be printed.

Agreeably to notice, Mr. Seward asked and obtained leave to bring in a bill (S. 34) to prevent the sale and farming out of offices; which was read the first and second times, by unanimous consent, and, with the accompanying document, referred to the Committee on the Judiciary.

On motion by Mr. Seward,

Ordered , That the bill be printed.

Agreeably to notice, Mr. Downs asked and obtained leave to bring in a bill (S. 35) to reduce and graduate the price of 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 resolution, submitted by Mr. Foote, “that two Chaplains, of different denominations, be appointed to Congress during the present session, one by each House, who shall interchange weekly;” and the resolution was agreed to.

The Senate proceeded to the election of a Chaplain; and,

It appearing that sixty votes had been given, thirty of which for the Rev. C. M. Butler, and thirty for the Rev. Henry Slicer,

The Senate being equally divided, the Vice President voted for the Rev. C. M. Butler, who was accordingly elected.

After the consideration of Executive business,

The Senate adjourned.

THURSDAY, January 10, 1850. Link to Annals.

The Vice President laid before the Senate a report of the Secretary of War, made agreeably to law, exhibiting the appropriations and expenditures for the service of the War Department for the year 1849.

Ordered , That it be printed.

The Vice President laid before the Senate a report of the Secretary of War, exhibiting the expenditures of appropriations for the contingent expenses of the bureaus of the War Department for the year 1849.

Ordered , That it be printed.

Mr. Seward presented the memorial of Eleanor Ann Shaw, heir of Pelatiah Fitch, deceased, praying indemnity for French spoliations.

Ordered , That it be referred to the select committee appointed on the subject.

Mr. Clarke presented the memorial of Isaac Manchester and other citizens of Bristol, Rhode Island, praying indemnity for French spoliations.

0069 69

Ordered , That it be referred to the select committee appointed on the subject.

Mr. Morton presented a memorial of Charles Evans and others, citizens of Florida, praying indemnity for losses sustained in consequence of the military occupation of Florida by the United States in 1814; which was referred to the Committee on Foreign Relations.

Mr. Morton presented a memorial of the heirs-at-law of Daniel O'Hara, deceased, praying indemnity for French spoliations.

Ordered , That it be referred to the select committee appointed on the subject.

Mr. Berrien presented the memorial of the legal representatives of John R. Shaw, deceased, late a purser in the navy, praying compensation for his private stores destroyed on board the frigate Essex, at the time of her capture by the enemy in 1814; which was referred to the Committee on Naval Affairs.

Mr. Davis, of Massachusetts, presented the petition of Mary Farrar, widow of a revolutionary soldier, praying to be allowed a pension; which was referred to the Committee on Pensions.

Mr. Clay presented the petition of William A. Seely, praying the interposition of the United States to enable him to obtain from the government of Holland the reward offered for the recovery of certain crown jewels stolen from that government, a portion of which through his exertions, were recovered in the United States.

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

On motion, by Mr. Clay, that the said memorial be printed,

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

Mr. Mangum presented the petition of Conrad W. Faber and Leopold Bierswirth, merchants in the city of New York, praying that certain bonds required by the Executive of the United States, as a guarantee against the violation of the neutral obligations of the United States in the construction and equipment of a war steamer in the port of New York, may be cancelled; which was referred to the Committee on Foreign Relations.

Mr. Bright presented petition of the late and present registers and receivers of the land office at Fort Wayne, Indiana, praying to be allowed commissions on entries of land under bounty land warrants; which was referred to the Committee on Public Lands.

Mr. Sebastian presented a petition of the late and present registers and receivers of the land office at Batesville, Arkansas, praying to be allowed commissions on entries of military bounty land warrants; which was referred to the Committee on Public Lands.

Mr. Sebastian presented the petition of Jonathan Lewis, praying compensation for depredations on his property committed by Cherokee Indians; which was referred to the Committee on Indian Affairs.

Mr. Shields presented the petition of John Dawson, praying compensation for his services as pension agent for the State of Illinois; which was referred to the Committee of Claims.

Mr. Morton presented the memorial of H. M. Brackenridge, praying that an orange grove embraced in certain live oak lands sold to the government may be reconveyed to him, or that he may be compensated therefor; which was referred to the Committee on Naval Affairs.

Mr. Pearce presented the memorial of the legal representative of R. C. 0070 70 Boislandry, deceased, and Ambrose Clarke, deceased, praying indemnity for French spoliations.

Ordered , That it be referred to the select committee appointed on the subject.

Mr. Atchison presented the memorial of the General Assembly of Missouri, praying a grant of land to the New Madrid and Stoddard Canal Company to aid in the construction of their canal; which was referred to the Committee on Public Lands.

Mr. Atchison presented the memorial of the General Assembly of Missouri, praying a grant of land to aid in the improvement of the Osage river; which was referred to the Committee on Public Lands.

Mr. Mangum presented the petition of Owen Connolly, praying compensation for an injury received while discharging his duty as one of the police of the Capitol; which was referred to the Committee on the District of Columbia.

Mr. Chase presented a petition of citizens of Walnut Hills, Ohio, praying the adoption of measures for the amicable adjustment of international difficulties; which was referred to the Committee on Foreign Relations.

Mr. Spruance presented a memorial of merchants and others, citizens of Philadelphia, Pennsylvania, praying the construction of ice harbors in the Delaware river; which was referred to the Committee on Commerce.

On motion by Mr. Pearce,

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

On motion by Mr. Pearce,

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

Mr. Hamlin presented the memorial of Rufus Dwinel, praying compensation for his services in carrying the mail; which was referred to the Committee on the Post Office and Post Roads.

The Vice President laid before the Senate a report of the Secretary of the Treasury, communicating, in compliance with a resolution of the Senate, the memorial and papers of Horace Southmayd & Son, accompanied by a letter of the commissioner of customs relating thereto.

On motion by Mr. Dickinson,

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

On motion by Mr. Underwood,

Ordered , That leave be granted to withdraw the petition of William R. Campbell, George Myers, and John Kincart.

On motion by Mr. Dodge, of Iowa,

Ordered , That the Committee on Pensions be discharged from the further consideration of the petition of the representative of Henry King, deceased, and that it be referred to the Committee on Revolutionary Claims.

Mr. Davis, of Mississippi, from the Committee of Military Affairs, to whom was referred the map of the valley of Mexico, and the memoir by Lieutenant N. Smith and Captain Hardcastle, of the United States topographical engineers, reported the following resolution:

Resolved , That the map of the valley of Mexico, by Lieutenant Smith and Captain Hardcastle, United States topographical engineers, be engraved under the direction of the topographical bureau, and, with the accompanying memoir, be printed for the use of tim Senate.

0071 71

Resolved, further , That there be printed two thousand extra copies for the use of the Senate, and five hundred copies for the use of the topographical bureau.

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

Mr. Borland, from the Committee on Printing, to whom was referred the motion to print the petition of S. L. Emory and others, reported that it be not printed; and

The report was concurred in.

Mr. Borland, from the Committee on Military Affairs, to whom was referred a bill (S. 13) for the relief of Cincinnatus Trousdale and John G. Connelly, of Arkansas, reported it without amendment.

Mr. Borland also submitted a report on the subject, which was ordered to be printed.

On motion by Mr. Yulee,

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

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

Mr. President: The House of Representatives have appointed a Committee on Enrolled Bills, on their part, consisting of Mr. Wildrick and Mr. Dickey.

They have also appointed a Committee on the Library, on their part, consisting of Mr. Holmes, Mr. Mann, of Massachusetts, and Mr. Gilmore.

The Senate resumed the consideration of the motion, made by Mr. Upham the 8th instant, to print certain resolutions passed by the Senate and House of Representatives of the State of Vermont; and

After debate, and the consideration of Executive business,

The Senate adjourned.

MONDAY, January 14, 1850. Link to Annals.

Mr. Webster presented two petitions of citizens of Boston, Massachusetts, praying the establishment of additional mails to California; which were referred to the Committee on the Post Office and Post Roads.

Mr. Webster presented the memorial of John Trenchard, administrator of Samuel Page, deceased, and the petition of Lemuel Knal and others, praying indemnity for French spoliations.

Ordered , That they be referred to the select committee appointed on the subject.

Mr. Webster presented a petition of P. P. F. Degrand and others, proposing to construct a railroad and establish a line of telegraph from St. Louis, Missouri, to San Francisco, in California, and praying an act of incorporation, a loan of United States stock, and the right of way through the public lands; which was referred to the Committee on Roads and Canals.

On motion, by Mr. Webster, that the petition be printed, with the map,

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

Mr. Stewart presented the memorial of the widow of Henry Dashiell, deceased, praying indemnity for French spoliations.

Ordered , That it be referred to the select committee appointed on the subject.

Mr. Stewart presented the memorial of Isabella Cole, executrix of William Cole, deceased, praying indemnity for injuries to a vessel and 0072 72 cargo, belonging to her late husband, committed by the authorities of the Peruvian government; which, with her memorial on the files of the Senate, was referred to the Committee of Claims.

Mr. Cass presented the memorial of Anna McLean, widow of an officer who died in service during the last war with Great Britain, praying to be allowed a pension; which was referred to the Committee on Pensions.

Mr. Cass presented seven petitions of citizens of Philadelphia, Pennsylvania, a petition of citizens of Syracuse, New York, and a petition of citizens of Baltimore, Maryland, praying that the spirit ration of the navy may he abolished; which were referred to the Committee on Naval Affairs.

Mr. Cass presented eight petitions of citizens of Philadelphia, Pennsylvania, six petitions of citizens of Boston, Massachusetts, and a petition of citizens of Baltimore, Maryland, praying that corporal punishment in the navy may be abolished; which were referred to the Committee on Naval Affairs.

Mr. Miller presented a petition of citizens of Paterson, New Jersey, praying a reduction of the rates of postage; which was referred to the Committee on the Post Office and Post Roads.

Mr. Miller presented the memorial of A. R. Woolley, late an officer of the army, representing that he has been unlawfully dismissed the service, and praying that he may be allowed his pay and emoluments from the date of his dismissal; which was referred to the Committee on Military Affairs.

Mr. Seward presented the memorial of the heirs and representatives of John Chalmers, deceased, and the memorial of Hugh Auchincloss, executor of Barr and Stewart, and James Stewart, deceased, praying indemnity for French spoliations.

Ordered , That they be referred to the select committee appointed on the subject.

Mr. Seward presented the petition of Benjamin Wood, a revolutionary soldier, praying to be allowed a pension; which was referred to the Committee on Revolutionary Claims.

Mr. Pearce presented the memorial of W. N. Dorsett and others; the memorial of the legal representatives of Paul Bentalou, deceased, and Joshua Barney, deceased; the memorial of the heirs-at-law of S. G. Kennard, deceased; and the memorial of the heirs of John Dumester, deceased, praying indemnity for French spoliations.

Ordered , That they be referred to the select committee on the subject.

Mr. Dickinson presented the petition of citizens of Waterloo, New York, praying that the rates of postage may be reduced, and the franking privilege abolished; which was referred to the Committee on the Post Office and Post Roads.

Mr. Morton presented the memorial of A. M. Dade, widow of a deceased army officer, praying the renewal of her pension; which was referred to the Committee on Pensions.

Mr. Morton presented the memorial of John S. Knox, praying indemnity for losses occasioned by the burning of a government transport in the Mississippi river in the year 1848; which was referred to the Committee on Military Affairs.

Mr. Cass presented the memorial of Eleazer Williams, an Iroquois Indian, 0073 73 praying compensation for certain services rendered the United States during the last war with Great Britain, and to be allowed a pension for a wound received in battle; which was referred to the Committee on Pensions.

Mr. Sturgeon presented a memorial of citizens of Pennsylvania, praying that the soldiers in the last war with Great Britain may be placed on the same footing as to pay and bounty lands as the soldiers who served in the war with Mexico; which was referred to the Committee on Pensions.

Mr. Sturgeon presented a petition of citizens of Westmoreland county, Pennsylvania, praying the enactment of a law for the benefit of the surviving officers and soldiers of the last war with Great Britain; which was referred to the Committee on Pensions.

Mr. Sturgeon presented a memorial of merchants and others, citizens of Pennsylvania, praying the construction of ice harbors in the Delaware river; which was referred to the Committee on Commerce.

Mr. Yulee presented the memorial of Hubert H. Booly, a wagonmaster in the army, praying to be allowed a pension in consideration of a wound received in the service; which was referred to the Committee on Pensions.

Mr. Atchison presented the memorial of Charles Findlay, praying to be allowed interest on a certain draft paid by the United States out of the fund created for the benefit of the Shawnee Indians; which was referred to the Committee on Indian Affairs.

Mr. Sebastian presented a petition of the late and present registers and receivers of the land office at Washington, Arkansas, praying to be allowed commissions on entries of military bounty land warrants; which was referred to the Committee on Public Lands.

Mr. Wales presented the petition of Stephen Colwell, administrator of William T. Smith, deceased, praying the payment of certain outstanding loan office certificates; which was referred to the Committee on Revolutionary Claims.

Mr. Clemens presented a memorial of citizens of Clarke county, Alabama, praying the establishment of additional mail facilities in that State; which was referred to the Committee on the Post Office and Post Roads.

Mr. Dawson presented the memorial of the legal representative of J. and E. Gairdner, deceased, praying indemnity for French spoliations.

Ordered , That it be referred to the select committee appointed on the subject.

Mr. Jones presented the petition of James M. Marsh, praying indemnity for depredations committed on his property while engaged in executing public surveys, by a party of Sioux Indians; which was referred to the Committee on Indian Affairs.

On motion by Mr. Baldwin,

Ordered , That the memorial of C. Alexander and T. Barnard, on the files of the Senate, be referred to the Committee of Claims.

On motion by Mr. Hunter,

Ordered , That the memorial of the president and professors of William and Mary College, on the files of the Senate, be referred to the Committee on Revolutionary Claims.

On motion by Mr. Mason,

Ordered , That the petition of the legal representatives of Nimrod Farrow 0074 74 and Richard Harris, on the files of the Senate, be referred to the Committee of Claims.

On motion by Mr. Clarke,

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

On motion by Mr. Badger,

Ordered , That the memorial of Foxall A. Parker, on the files of the Senate, be referred to the Committee on Naval Affairs.

On motion by Mr. Clemens,

Ordered , That the petition of Thomas Snodgrass, on the files of the Senate, be referred to the Committee on Indian Affairs.

On motion by Mr. Bradbury,

Ordered , That the petition of Amaziah Goodwin, on the files of the Senate, be referred to the Committee on Pensions.

On motion by Mr. Hunter,

Ordered , That leave be granted to withdraw the petition and papers of George Armstrong.

Mr. Jones 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 mail routes between the places hereinafter named, to wit: from McGreggor's Landing, on the Mississippi river, via Menona and Portville, to Louisville, in Fayette county; from Ead's Grove, in Delaware county, to Louisville; from McGreggor's Landing to Sodam and Poverty Point; form Centreville, in Appanoose county, to Garden Grove, in Delaware county, and thence to intersect the route from Fort Des Moines to Council Bluffs; and also from Dubuque, Iowa, via Fairplay, Wisconsin, and New Diggings, to White Oak Springs.

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

Resolved , That the Commissioner of Pensions be directed to transmit to the Committee of the Senate on Pensions the papers on file in his office touching the application of Benjamin Wood, a revolutionary soldier, for a pension.

Mr. Douglas submitted the following resolution for consideration:

Resolved , That the Committee on the District of Columbia be instructed to inquire into the expediency of retroceding to the State of Maryland all that portion of said District which is not embraced in the corporate limits of the city of Washington; and also into the expediency of so amending the charter of the said city of Washington as to authorize the corporation thereof to exercise the powers of legislation usually exercised by the regularly organized Territories of the United States, under their respective organic laws.

Mr. Houston submitted the following resolution for consideration; which was read, and ordered to be printed:

Whereas the Congress of the United States, possessing only a delegated authority, have no power over the subject of negro slavery within the limits of the United States, either to prohibit or interfere with it in the States, Territories, or District where, by municipal law, it now exists, or to establish it in any State or territory where it does not exist; but, as au assurance and guaranty to promote harmony, quiet apprehension, and 0075 75 remove sectional prejudice, which, by possibility, might impair or weaken love and devotion to the Union in any part of the country, it is hereby

Resolved , That, as the people in Territories have the same inherent right of self-government as the people in the States, that if, in the exercise of such inherent right, the people in the newly acquired territories, by the annexation of Texas and the acquisition of California and New Mexico, south of the parallel of thirty-six degrees and thirty minutes of north latitude, extending to the Pacific ocean, shall establish negro slavery or prohibit it, that such establishment or prohibition of negro slavery, in the formation of their State governments, shall be deemed no objection to their admission as State or States into the Union, in accordance with the constitution of the United States.

Mr. Smith submitted the following resolution for consideration:

Resolved , That the Secretary of War be, and he hereby is, required to communicate to the Senate an abstract of all accounts filed against the United States, under the act of the 2d of June, 1848, entitled “An act to refund money for expenses incurred, subsistence or transportation furnished for the use of volunteers, during the present war, before being mustered into the service of the United States,” specifying in said abstract which have and which have not been paid, and in the former case the person for and to whom, and for what paid; and in both, the date and amount of each account.

Mr. Smith submitted the following resolution for consideration:

Resolved , That the Secretary of the Navy be required to communicate to the Senate a copy of so much of the account of Prosper M. Wetmore, late navy agent at New York, as remains unadjusted, with all the items of debt and credit, so as to show the balance which appears to be due to the united States from said agent on the books of the Fourth Auditor, together with copies of all letters and an abstract of all vouchers appertaining to said account.

Mr. Jones submitted the following resolution for consideration:

Resolved , That the Committee on Indian Affairs be instructed to inquire into the expediency of making provision for the payment to deputy surveyors of the public lands for property destroyed or stolen by Indians from said deputies whilst in the line of their duty as such deputies.

Resolved , That the Secretary of War communicate to the Senate such information pertaining to this subject as may be on file in the War Department.

Mr. Borland submitted the following resolution for consideration:

Resolved , That the Committee on Commerce be instructed to inquire into the propriety of restoring to the revenue cutter service the officers who were dismissed from that service by the Secretary of the Treasury the 30th June, 1849.

Mr. Dodge, of Iowa, submitted the following resolution for consideration:

Resolved , That the Secretary of the Senate be directed to pay to the Reverend Henry Slicer, for his services at this and the special session of Congress, the usual annual compensation paid to chaplains.

On motion by Mr. Hamlin,

Ordered , That the Committee on Commerce be discharged from the further consideration of the documents in relation to bullion and specie 0076 76 imported into New York, and to the establishment of a branch mint; and that the same be referred to the Committee on Finance.

Mr. Stewart, from the Committee of Claims, to whom was referred the bill (S. 7) for the relief of Walter R. Johnson and the legal representatives of Thomas P. Jones, reported the same without amendment, and submitted a special report on the subject; which was ordered to be printed.

Mr. Stewart, from the Committee of Claims, to whom was referred the memorial of John M. McIntosh, submitted a report, accompanied by a bill (S. 36) for his relief.

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

Ordered , That the report be printed.

Mr. Pearce presented the credentials of the Honorable Thomas G. Pratt, elected a senator by the General Assembly of the State of Maryland, to fill the vacancy occasioned by the resignation of the Honorable Reverdy Johnson; which were read, and the oath prescribed by law was administered to Mr. Pratt, and he took his seat in the Senate.

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 amount necessary to pay certain Seminole Indians who were in the service of the United States during the Florida war; which was referred to the Committee on Indian Affairs.

Mr. Borland, from the Committee on Printing, to whom was referred the motion to print a report of the Secretary of War, accompanied by a report and map of the route from Fort Smith to Santa Fe, reported thereon; whereupon,

Ordered , That the report be printed; that 2,000 additional copies be printed for the use of the Senate, and 500 for the use of the topographical bureau; and that the maps be engraved on the same scale as that on which they are presented in the report.

Mr. Borland, from the Committee on Printing, to whom was referred the motion to print the memorial of the Panama Railroad Company, reported “that it be not printed;” and

The report was concurred in.

Mr. Borland, from the Committee on Printing, to whom was referred the motion to print certain documents in relation to bullion and specie imported into New York, reported that the same be printed, together with the memorial relating to the subject; and

The report was concurred in.

Mr. King, agreeably to notice, asked and obtained leave to bring in a bill (S. 37) granting to the State of Alabama the right of way, and a donation of public lands, for making a railroad from Selma to the Tennessee river; which was read the first and second times, by unanimous consent, and referred to the Committee on Roads and Canals.

Mr. Clarke, agreeably to notice, asked and obtained leave to bring in a bill (S. 38) to authorize the payment of invalid pensions in certain cases; which was read the first and second times, by unanimous consent, and referred to the Committee on Pensions.

Mr. Downs, agreeably to notice, asked and obtained leave to bring in a bill (S. 39) for the relief of William Darby; which was read the first and second times, by unanimous consent, and considered as in Committee of the Whole.

On motion by Mr. Downs,

0077 77

Ordered , That the further consideration thereof be postponed until Monday next, and be the order of the day; and that the bill be printed.

Mr. Sebastian, agreeably to notice asked and obtained leave to bring in a bill (S. 40) for the relief of Joseph P. Williams; which was read the first and second times, by unanimous consent, and referred to the Committee on Public Lands.

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

S. 41. A bill to grant to the State of Florida the lands the survey of which is reported as impracticable.

S. 42. A bill to equalize the grant of land to the several States.

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

Mr. Mason, from the Committee on the District of Columbia, to whom was referred the memorial of the Potomac Insurance Company, reported a bill (S. 43) to renew and continue in force the charter of the Potomac Insurance Company of Georgetown, in the District of Columbia; which was read, and passed to the second reading.

On motion by Mr. Atchison,

Ordered , That the Committee on Indian Affairs be discharged from the further consideration of the resolutions of the Legislative Assembly of the Territory of Minnesota, relating to the removal of the Chippewa Indians from lands within the territory to which the Indian title has been extinguished, and that the same be transmitted to the President of the United States.

Mr. Felch, from the Committee on Public Lands, to whom was referred a petition of the citizens of Michigan, submitted a report, accompanied by a bill (S. 44) for the examination and settlement of claims for land at the Saut St. Marie, in Michigan.

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

Ordered , That the report be printed.

Mr. Felch, from the Committee on Public Lands, to whom was referred a petition of John Biddle, submitted a report, accompanied by a bill (S. 45) to provide for the final settlement of the accounts of Jonathan Kearsley, late receiver of public moneys at Detroit, and John Biddle, late register of the land office at that place.

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

Ordered , That the report be printed.

Agreeably to notice, Mr. Clemens asked and obtained leave to bring in a joint resolution (S. R. 2) proposing an amendment to the constitution of the United States; which was read the first and second times, by unanimous consent, and referred to the Committee on the Judiciary.

The following message was received from the President of the United States, by Colonel Bliss, his secretary:

To the Senate of the United States:

I herewith transmit reports from the Secretary of State and the Secretary of the Navy, containing the information called for by the resolution of the Senate of the 7th instant, in relation to the abduction of Rey, alias Garcia, from New Orleans.

Z. TAYLOR.

Washington , January 14, 1850.

The message was read.

0078 78

Ordered , That it be printed.

Agreeably to notice, Mr. Seward asked and obtained leave to bring in a bill (S. 46) for the relief of Conrad W. Faber, Leopold Bierwirth, and Theodore Victor; which was read the first and second times, by unanimous consent, and referred to the Committee on Foreign Relations.

The Senate resumed, as in Committee of the Whole, the consideration of the joint resolution (S. R. 1) suspending, for a limited time, the limitation upon the expense of collecting the revenue from customs; and,

On motion by Mr. Dickinson, to amend the same by striking ant all after the enacting clause and inserting the following: “ That, until special appropriations are made by low, the proviso to the fourth section of the act of March 3, 1849, be suspended: Provided, nevertheless, That, in the mean time, the expenses of collection the revenue from customs shall not exceed such sum per annum as was expended for said purposes during the fiscal year ending June 30, 1848, together with such sums in addition as may be paid into the treasury for drayage, cartage, labor, and storage: ”

It was determined in the affirmative,

Yeas, 27

Nays, 27

On motion by Mr. Davis, of Mississippi,

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

Those who voted in the affirmative are,

Messrs. Badger, Baldwin, Belt, Berrien, Bradbury, Clarke, Clay, Cooper, Corwin, Dawson, Dayton, Dickinson, Douglas, Greene, Hamlin, Mangum, Miller, Morton, Pearce, Pratt, Seward, Smith, Spruance, Underwood, Upham, Wales, Webster.

Those who voted in the negative are,

Messrs. Atchison, Benton, Borland, Bright, Butler, Calhoun, Cass, Clemens, Davis of Mississippi, Dodge of Wisconsin, Dodge of Iowa, Downs, Felch, Foote, Houston, Hunter, Jones, King, Norris, Rusk, Sebastian, Shields, Soulé, Sturgeon, Turney, Walker, Yulee.

The Senate being equally divided, the Vice President determined the question in the affirmative.

The resolution, being further amended on the motion of Mr. Hunter, was reported to the Senate.

On the question to agree to the first amendment made as in Committee of the Whole;

An amendment was proposed thereto by Mr. Davis, of Mississippi; and,

On motion,

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

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

Mr. President: The President of the United States approved and signed, the 10th instant, the bill entitled “An act to extend the privilege of franking letters and packages to Sarah Polk.”

The Senate resumed the consideration of the resolution submitted by Mr. Clemens, the 27th December, in relation to the adoption of a State constitution by the people of California; and,

On motion by Mr. King,

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

After the consideration of Executive business,

The Senate adjourned.

0079 79
TUESDAY, January 15, 1850. Link to Annals.

Mr. Davis, of Massachusetts, presented the memorial of the executor of Cornelius Howland, deceased, and the memorial of William Rotch, jr., and other, owners of the ship Fox, praying indemnity for French spoliations.

Ordered , That they be referred to the select committee on the subject.

Mr. Corwin presented the memorial of Andrew A. Jones, inspector of the customs for the port of New York, praying compensation for certain extra services; which was referred to the Committee of Claims.

Mr. Corwin presented a petition of citizens of Summit county, Ohio, praying a reduction of the rates of postage; which was referred to the Committee on the Post Office and Post Roads.

Mr. Shields presented a petition of soldiers who served in the Florida war, praying that the same allowance of bounty land may be granted them that was allowed to those who served in the war with Mexico; which was referred to the Committee on Military Affairs.

Mr. Shields presented the memorial of George W. Billings, praying that the Secretary of the Navy may be directed to contract with him, as the lowest bidder, in conformity with invited proposals, for supplying water-rotted hemp for the use of the navy; which was referred to the Committee on Naval Affairs.

Mr. Dayton presented the memorial of Janet H. DeKay, widow of George C. DeKay, praying the repayment of money expended by her late husband in conveying, in a national vessel, provisions to Ireland and Scotland, during the famine in those countries; which was referred to the Committee on Naval Affairs.

Mr. Shields submitted a communication signed by M. Lovell, an officer in the army, relative to the organization of field batteries; which was referred to the Committee on Military Affairs.

Mr. Mason presented the memorial of the trustees of the Methodist Episcopal Church in Georgetown, District of Columbia, praying the enactment of a law authorizing them to sell and convey certain real estate owned by that church; which was referred to the Committee on the District of Columbia.

Mr. Dickinson presented the memorial of merchants, ship owners, and others, of the city of New York, praying that an appropriation may be made for deepening the northeast pass of the Mississippi river; which was referred to the Committee on Commerce.

Mr. Chase presented the memorial of the heirs of John Skyrin, deceased, praying indemnity for French spoliations.

Ordered , That it be referred to the select committee on the subject.

Mr. Sturgeon presented the memorial of Waiter Colton, a chaplain in the navy, praying compensation for services rendered while holding judicial appointments in Monterey, during the military occupation of California by the United States; which was referred to the Committee on the Judiciary.

Mr. Foote presented the petition of Albert Fitz, praying compensation for services as special agent of the United States to the British West Indies in 1841; which was referred to the Committee on Foreign Relations.

0080 80

On motion by Mr. Underwood,

Ordered , That the petition of the American Colonization Society, on the files of the Senate, be referred to the Committee of Claims.

On motion by Mr. Underwood,

Ordered , That Nancy Haggard, heir of William Grymes, have leave to withdraw her petition and papers.

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

Resolved , That the Secretary of State be directed to lay before the Senate a copy of the correspondence of our present consul at Valparaiso.

Mr. Douglas submitted the following resolution for consideration:

Resolved , That the President of the United States be requested to communicate to the Senate a copy of the instructions given to the agent of the United States who was employed to visit Hungary during the recent war between that country and Austria, and of the correspondence by and with such agent, so far as the publication of the same may be consistent with the public interest.

Mr. Douglas submitted the following resolution for consideration:

Resolved , That the President of the United States be requested to cause to be laid before the Senate, in open Senate, if, in his opinion, consistent with the public interests, (otherwise in Executive session,) copies of all instructions and communications of the late Secretary of State to our late charge d'affaires to Guatemala; and all despatches and communications from said charge d'affaires to the Department of State, including any conventions or treaties he may have concluded with either of the States composing the late republic of Central America; and also all correspondence between our said charge d'affaires and the governments or representatives of either of said States; and also all instructions and communications from the present Secretary of State to our late charge d'affaires or our present charge d'affaires to either of said States; and of all despatches or communications from our charge d'affaires to the Department of State, including any conventions or treaties he may have concluded with either of said States; and also all correspondence between the Department of State and either of said charges d'affaires, touching the so-called kingdom of the Mosquitoes, and the right of way from the Atlantic to the Pacific, through Lake Nicaragua.

On motion by Mr. Hamlin,

Ordered , That Mr. Dodge of Iowa be of the Committee of Claims, in the place of the Hon. Mr. Stewart.

On motion by Mr. Borland,

Ordered , That the vote of yesterday, agreeing to the adverse report of the Committee on Printing, on the motion to print the memorial of the Panama Railroad Company be reconsidered; and,

On motion by Mr. Smith,

Ordered , That the subject be recommitted to the Committee on Printing.

Mr. Borland, from the Committee on Printing, to whom was referred the motion to print the report of the Secretary of War, respecting the amount and due the Seminole Indians, reported that the same be not printed; and

The report was concurred in.

Mr. Borland, from the Committee on Printing, to whom was referred 0081 81 the motion to print the petition of P. P. F. Dogrand and others, reported thereon; whereupon,

Ordered , That the petition be printed.

Mr. Borland, from the Committee on Military Affairs, to whom was referred the bill (S. 1) to provide for the adjustment and payment of expenses incurred, and obligations contracted, by the State of Florida, in providing for the safety of the people of that State during the recent insurrection of the Seminole Indians, reported the same without amendment.

Mr. Baldwin, from the Committee of Claims, to whom was referred the memorial of the clerks in the office of the Adjutant General, submitted an adverse report; which was ordered to be printed.

Mr. Baldwin, from the Committee of Claims, to whom was referred the petition of J. Downs, submitted an adverse report; which was ordered to be printed.

On motion by Mr. Walker,

Ordered , That the Committee on Revolutionary Claims be discharged from the further consideration of the petition of the children of John Holden, deceased.

Mr. Davis, of Mississippi, from the Committee on Military Affairs, to whom was referred the bill (S. 17) to increase the efficiency of the army by a retired list for disabled officers, reported the same with amendments.

Ordered , That they be printed.

The Senate proceeded to appoint, by ballot, the select committee on the subject of French spoliations prior to 1800; and

Ordered , That the committee consist of Mr. Smith, chairman, Mr. Mangum, Mr. Bradbury, Mr. Hunter, and Mr. Sturgeon.

Mr. Badger, agreeably to notice, asked and obtained leave to bring in a bill (S. 47) to authorize notaries public to take and certify oaths, affirmations, and acknowledgments in certain cases; which was read the first and second times, by unanimous consent, and referred to the Committee on the Judiciary.

The Senate proceeded to consider the resolution submitted by Mr. Foote the 27th December, in relation to the establishment of territorial governments for California, Deseret, and New Mexico; and,

On motion by Mr. Foote,

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

The Senate proceeded to consider the resolution submitted by Mr. Dodge, of Iowa, the 14th instant, making compensation to the Rev. Henry Slicer; and,

On motion by Mr. Yulee, to amend the same by inserting after “Congress,” “a proportionate amount of,”

It was determined in the negative.

The resolution, having been amended, was agreed to as follows:

Resolved , That the Secretary of the Senate be directed to pay to the Rev. Henry Slicer, for his services at this and the special session of Congress, the usual annual compensation paid to chaplains, not exceeding the sum of five hundred dollars.

The Senate resumed the consideration of the resolution (S. 1) suspending, for a limited time, the limitation upon the expense of collecting the revenue from customs.

On motion, by Mr. Hunter, to amend the first amendment made in Committee of the Whole, by striking out all after the word “That,” and 6 0082 82 inserting the following: “instead of the sum appropriated for the expenses of collecting the revenue in the act of March 3, 1849, a sum equal to that expended in collecting the revenue for the fiscal year ending June 30, 1848, exclusive of the expenses for storage, cartage, drayage and labor in that year, be, and the same is hereby, appropriated for the service of the year ending June 30, 1850, together with such sums in addition as may be received from cartage, drayage, labor, and storage,”

It passed in the affirmative.

The said amendment, as amended, was then concurred in; and the resolution having been further amended,

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

The said resolution was read a third time and the title amended.

Resolved , That this resolution pass, and that the title thereof be, “Joint resolution limiting the expense of collecting the revenue from customs for the present fiscal year.”

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

The Senate proceeded to consider the resolution submitted by Mr. Bradbury, the 24th December, in relation to removals from office since the 4th March last.

On motion by Mr. Mangum,

That it lie on the table,

It was determined in the negative,

Years, 23

Nays, 29

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. Badger, Baldwin, Bell, Berrien, Clarke, Clemens, Cooper, Corwin, Davis of Massachusetts, Dawson, Dayton, Greene, Mangum, Miller, Morton, Phelps, Seward, Smith, Spruance, Underwood, Upham, Wales, Webster.

Those who voted in the negative are,

Messrs. Atchison, Borland, Bradbury, Bright, Butler, Chase, Davis of Mississippi, Dickinson, Dodge of Wisconsin, Dodge of Iowa, Douglas, Downs, Felch, Hamlin, Houston, Hunter, Jones, King, Mason, Nonis, Rusk, Sebastian, Shields, Soule, Sturgeon, Turney, Walker, Whitcomb, Yulee.

After debate, and the consideration of Executive business,

The Senate adjourned.

WEDNESDAY, January 16, 1850. Link to Annals.

The Vice President laid before the Senate a petition of masters and owners of vessels navigating the Hudson river, and others, citizens of Albany, New York, praying the enactment of a law requiring the Secretary of the Treasury to report, annually, the amount of hospital money collected at the several custom-houses.

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

Mr. Borland presented a petition of the late and present registers and receivers of the land offices at Clarkesville and Little Rock, Arkansas, praying to be allowed commissions on entries of Choctaw certificates and 0083 83 bounty-land warrants; which was referred to the Committee on Public Lands.

Mr. Greene presented the memorial of the heirs of Daniel Henshaw, deceased, praying indemnity for French spoliations.

Ordered , That it be referred to the select committee on the subject.

Mr. Dickinson presented the memorial of the heirs of Horace Hooker, deceased, praying indemnity for French spoliations.

Ordered , That it be referred to the select committee on the subject.

Mr. Underwood presented a petition of citizens of Kentucky, praying the establishment of a mail route from Russellville to Elkton, through Buena Vista Springs, in that State; which was referred to the Committee on the Post Office and Post Roads.

Mr. Underwood presented a memorial of officers, non-commissioned officers, soldiers, and volunteers in the last war with Great Britain, praying to be allowed bounty lands; which was referred to the Committee on Public Lands.

Mr. Butler presented the memorial of the Chamber of Commerce of Charleston, South Carolina, praying an appropriation for improving the harbor at that place; which was referred to the Committee on Commerce.

Mr. Butler presented the petition of Edith Forns, widow of a revolutionary soldier, praying to be allowed an increase of pension; which was referred to the Committee on Pensions.

Mr. Butler presented a memorial of merchants and underwriters of Charleston, South Carolina, praying indemnity for French spoliations; also the proceedings of a meeting of claimants to indemnity for French spoliations, held at Charleston, South Carolina, urging the settlement of their claims.

Ordered , That they be referred to the select committee on the subject.

Mr. Bright submitted documents relating to the claim of Nancy A. Dewitte to the re-issue of a military bounty-land warrant; which were referred to the Committee on the Judiciary.

Mr. Bright presented resolutions passed by the legislature of the State of Indiana, instructing the senators and requesting the representatives of that State in Congress to use their exertions to procure a grant of land, for the use of the Indiana University, in lieu of lands granted by Congress to the Vincennes University, from lands appropriated by cession to the former institution; also a grant of land to township twenty-seven north, range six east, in lieu of a like quantity granted to said township, which proved to be an Indian reservation; which were referred to the Committee on Public Lands.

Mr. Fetch presented the petition of John Watson, praying the payment of a sum of money due him under the treaty of 1837 between the United States and the Saganaw Indians; which was referred to the Committee on Indian Affairs.

Mr. Hunter presented the petition of Charles Lee Jones, praying compensation for services rendered, and expenses incurred, in raising, organizing, and subsisting volunteers for the service of the United States in the late war with Mexico; which was referred to the Committee on Military Affairs.

On motion, by Mr. Hunter, that the petition be printed,

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

Mr. Hunter presented two petitions of citizens of the State of Virginia, 0084 84 praying that the office of chaplain in the public service may be abolished; which were referred to the Committee on the Judiciary.

On motion, by Mr. Hunter, that the petitions be printed,

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

Mr. Atchison presented a petition of citizens of Missouri, praying that the office of chaplain in the public service may be abolished; which was referred to the Committee on the Judiciary.

Mr. Rusk presented the memorial of William Wood, in behalf of himself and a volunteer company of Texas riflemen, raised and organized for the service of the United States in the late war with Mexico, praying to be allowed extra pay and bounty land; which was referred to the Committee on Military Affairs.

Mr. Rusk presented the memorial of Harriet F. Fisher, widow of Marvin W. Fisher, deceased, praying compensation for the use, by the government, of a machine invented and patented by her late husband, for charging percussion caps; which, with the papers on the files of the Senate relating to the claim, was referred to the Committee on Military Affairs.

Mr. Davis, of Massachusetts, presented a memorial of boot and shoe manufacturers in Worcester county, Massachusetts, praying that the duties on foreign boot and shoe lasts may not be increased; which was referred to the Committee on the Judiciary.

Mr. Dayton presented a petition of manufacturers of boot and shoe lasts in Newark, New Jersey, praying that they may be protected against certain invasions of their patent rights; which was referred to the Committee on the Judiciary.

Mr. Pearce presented a memorial of merchants, ship-owners, insurers, and others, citizens of the United States, praying the enactment of a law defining the duties of shippers, and limiting the liability of owners of freighting-ships in certain cases; which was referred to the Committee on Commerce.

Mr. Foote presented the memorial of the representative of Elizabeth Yerby, deceased, praying indemnity for French spoliations.

Ordered , That it be referred to the select committee on the subject.

Mr. Davis, of Massachusetts, presented the memorial of Robert Fowler, a clerk in the office of the Chief Engineer of the army, praying an increase of compensation; which was referred to the Committee on Military Affairs.

Mr. Seward presented the petition of the heirs of Henry Perrin, deceased, praying an extension of the time for occupying a township of land granted to the said Henry Perrine for the cultivation of tropical plants; which was referred to the Committee on Public Lands.

Mr. Seward presented a petition of citizens of New York, praying the abolition of slavery in the District of Columbia.

The motion to receive the petition being objected to,

On motion, by Mr. Berrien, that the motion to receive the petition lie on the table,

It was determined in the affirmative

Yeas, 32

Nays, 19

On motion by Mr. Betrien,

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

Those who voted in the affirmative are,

0085 85

Messrs. Atchison, Badger, Bell, Benton, Berrien, Borland, Bright, Butler, Calhoun, Cass, Clemens, Davis of Mississippi, Dawson, Dayton, Dickinson, Dodge of Iowa, Douglas, Downs, Foote, Houston, Hunter, Jones, King, Mason, Miller, Morton, Pearce, Rusk, Sebastian, Soule, Sturgeon, Turney.

Those who voted in the negative are,

Messrs. Baldwin, Chase, Clarke, Cooper, Corwin, Davis of Massachusetts, Dodge of Wisconsin, Feleh, Greene, Hamlin, Norris, Phelps, Seward, Shields, Smith, Spruance, Upham, Wales, Walker.

So it was

Ordered , That the motion to receive the petition lie on the table.

Mr. Benton presented the petition of the heirs of John Babtiste deceased, praying the confirmation of their title to a tract of land; which was referred to the Committee on Public Lands.

Mr. Benton presented a memorial of merchants and others, citizens of Pennsylvania, praying the construction of ice-harbors in the Delaware river; which was referred to the Committee on Commerce.

On motion by Mr. Turney,

Ordered , That the petition of certain citizens of Tennessee relative to abolishing the office of chaplain, presented the 3d of January, be referred to the Committee on the Judiciary.

On motion by Mr. Pearce,

Ordered , That the memorial of Benedict J. Heard, on the files of the Senate, be referred to the Committee of Claims.

On motion by Mr. Borland,

Ordered , That the petition of citizens of Maine, relative to the employment of chaplains, presented the 3d January, be referred to the Committee on the Judiciary.

On motion by Mr. Berrien,

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

On motion by Mr. Mason,

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

On motion by Mr. Sturgeon,

Ordered , That Frances C. Elliott, widow of Jesse D. Elliott, have leave to withdraw her petition and papers.

Mr. Mason submitted the following resolution for consideration:

Resolved , That the Secretary pay out of the contingent fund of the Senate, to William Collins, late First Auditor, and to Peter G. Washington, late Sixth Auditor, the sum of seven hundred and fifty dollars each, for services rendered in examining and stating the accounts in the case of Jennings, Roddy, and Carter, under a resolution of the Senate of the 11th August, 1848, reported by them to the Senate on the 12th February, 1849; and that he also pay to William D. Bagnall the sum of one hundred dollars; to Pritchard, the sum of forty dollars; and to Moses M. Myers, the sum of twenty dollars, for services rendered by them in examining and stating accounts from the banks at Norfolk, Richmond, and Petersburg, respectively, pertaining to said claim, and at the request of said auditors.

Mr. Mason submitted documents relating to the claim of William Collins, 0086 86 lins, Peter G. Washington, and others, to compensation for services in examining and Stating the accounts in the case of Roddy, Carter, and Jennings, under a resolution of the Senate.

Ordered , That they lie on the table.

Mr. Hamlin submitted the following resolutions for consideration:

Resolved , That the Secretary of State be requested to communicate to the Senate such information or particulars as may have come to his knowledge respecting the detention, imprisonment, and barbarous treatment, by the Japanese imperial and provincial authorities, of American seamen who have the misfortune to be shipwrecked on the coasts of Japan and its dependencies, which are now frequented by a large American whaling fleet in the peaceful pursuit of their lawful enterprise.

Resolved , That the Secretary of State be also requested to communicate to the Senate such recent and reliable information in the possession of the Department of State as relates to the independent oriental nations, and their capabilities for a profitable American commerce; and that he report on the expediency of the appointment of a special diplomatic agent or commissioner of the United States, to be vested with authority to open amicable relations and make commercial treaties with the sovereigns of those nations.

Resolved , That the Secretary of State be further requested to report to the Senate whether the treaty between the United States and his Majesty the King of Siam of the 20th March, 1833, has not been violated by the King, in the monopoly by his Majesty of the trade in several of the staple products of that country, and which may require the intervention of our government in order to place our commercial intercourse with that kingdom, abounding in all the elements of a profitable commerce, upon a proper footing, and stipulate for the residence of a United States consul at Bankok, for the protection of American citizens and their lawful commerce in Siam.

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

Resolved , That the Committee on Military Affairs be instructed to inquire whether the 127th paragraph of the regulations of the Military Academy at West Point, or any construction thereof by the superintendent of said academy or the War Department, interferes with the rights guarantied by the constitution to citizens of the United States, concerning the free exercise of religious worship.

The Vice President laid before the Senate a report of the Secretary of the Navy, made agreeably to law, accompanied by a list of punishments in the navy, so far as received, since the date of the last report to Congress upon the subject; which was referred to the Committee on Naval Affairs.

The Vice President laid before the Senate a report of the Secretary of War, made in compliance with a resolution of the Senate, accompanied by a communication from the colonel of the corps of topographical engineers, in relation to repairs of the Cumberland dam.

Ordered , That it be printed, with the accompanying map.

The Vice President laid before the Senate a report of the Commissioner of Patents, made agreeably to law, in relation to the condition of the Patent Office.

Ordered , That it be printed.

0087 87

On motion, by Mr. Turney, that the usual number of additional copies be printed for the use of the Senate,

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

On motion by Mr. Hamlin,

Ordered , That the Committee on Commerce be discharged from the further consideration of the report of the Secretary of the Treasury in relation to the petition of Horace Southmayd and Son, and that it be referred to the Committee on Finance.

Mr. Jones, from the Committee on Pensions, to whom the subject was referred, reported a bill (S. 48) to increase the pension of Isaac Watts Griffith, and also submitted a report on the subject.

The bill was read and passed to the second reading.

Ordered , That the report be printed.

Mr. Jones, from the Committee on Pensions, reported a bill (S. 49) to authorize the payment of invalid pensions in certain cases; which was read, and passed to the second reading.

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

Mr. Jones, from the Committee on Pensions, to whom was referred the memorial of the heirs of Judith Worthen, deceased, submitted a report, accompanied by a bill (S. 50) for their relief.

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

Ordered , That the report be printed.

Mr. Dayton, from the Committee on the Judiciary, to whom was referred the petition of Thomas Cowperthwaite & Co., reported a bill (S. 51) providing for the purchase and distribution of the decisions of the Supreme Court of the United States among the several Status and Territories; which was read, and passed to the second reading.

Mr. Greene, from the Committee on Military Affairs, to whom was referred the memorial of Adjutant General Roger Jones, submitted a report, accompanied by a bill (S. 52) for his relief.

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

Ordered , That the report be printed.

Mr. Borland, from the Committee on Printing, reported against the printing of the petition of William A. Seely, and the report was concurred in.

Mr. Yulee, agreeably to notice, asked and obtained leave to bring in a bill (S. 53) to reduce the minimum price of the yellow-pine lands, or pine barrens; which was read, and passed to the second reading.

The said bill was read the second time, by unanimous consent.

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

Agreeably to notice, Mr. Benton asked and obtained leave to bring in a bill (S. 54) proposing to the State of Texas the reduction of her boundaries, the cession of her exterior territory, and the relinquishment of all her claims upon the United States, for a consideration to be paid her by the United States; which was read the first and second times, by unanimous consent, referred to the Committee on the Judiciary, and ordered to be printed.

Mr. Foote, agreeably to notice, asked and obtained leave to bring in a bill (S. 55) to provide for the organization of the territorial governments of California, Deseret, and New Mexico, and to enable the people of Jacinto, with the consent of the State of Texas, to form a constitution 0088 88 and State government, and for the admission of such State into the Union upon an equal footing with the original States in all respects whatever; which was read the first and second times, by unanimous consent, and ordered to be printed.

On motion by Mr. Foot,

That the said bill be referred to the Committee on the Judiciary,

Ordered , That the motion lie on the table.

Mr. Butler, from the Committee on the Judiciary, to whom was referred a bill (S. 23) to provide for the more effectual execution of the third clause of the second section of the fourth article of the constitution of the United States, reported it with amendments.

Mr. Butler also submitted a report on the subject, which was ordered to be printed.

On motion by Mr. Butler,

Ordered , That the Said bill be the special order of the day for Wednesday next.

On motion by Mr. Downs,

That ten thousand additional copies of the said bill and report be printed for the use of the Senate,

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

The Vice President laid before the Senate a report of the Secretary of State, communicating, in compliance with a resolution of the Senate, a copy of the correspondence with the consul of the United States at Valparaiso; which was read.

On motion that the report and accompanying documents be printed,

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

After the consideration of Executive business,

The Senate adjourned.

THURSDAY, January 17, 1850. Link to Annals.

Mr. Miller presented a petition of citizens of the State of New Jersey, praying that the patent right of Thomas Blanchard, to an invention turning irregular forms, may be protected against certain infringements; which was referred to the Committee on the Judiciary.

Mr. Seward presented a petition of citizens of Utica, New York, praying a reduction of the rates of postage; which was referred to the Committee on the Post Office and Post Roads.

Mr. Greene presented the petition of Mary MacRea, widow of an army officer, praying the renewal of her pension; which was referred to the Committee on Pensions.

Mr. Cooper presented a memorial of a convention of editors of newspapers in the State of Pennsylvania, assembled at Harrisburg, praying that newspapers may be exempt from postage within the limits of the Congressional district where published; which was referred to the Committee on the Post Office and Post Roads.

Mr. Cooper presented two memorials, of citizens of Pennsylvania praying the construction of ice harbors in the Delaware river: which were referred to the Committee on Commerce.

Mr. Cooper presented a memorial of citizens of Union county, Pennsylvania, praying a modification of the tariff and the imposition of specific 0089 89 in lieu of ad valorem duties; which was referred to the Committee on Finance.

Mr. Cooper presented the memorial of John Tettermary and others, praying indemnity for French spoliations.

Ordered , That it be referred to the select committee on the subject.

Mr. Smith presented the memorial of William G. Lockwood and others, praying indemnity for French spoliations.

Ordered , That it be referred to the select committee on the subject.

Mr. Bell presented a petition of masters and officers of steamboats on the Ohio river, a petition of citizens of New Orleans, Louisiana, a petition of citizens and insurance companies of Louisville, Kentucky, a petition of citizens of Christian county, Kentucky, three petitions of citizens of Lexington, Caldwell, and Trigg counties, Kentuky, and a petition of citizens and marine and fire insurance companies of Nashville, Tennessee, praying an appropriation for the repair of the dam at Cumberland island, in the Ohio river; which were referred to the Committee on Commerce.

Mr. Dawson presented the memorial of Ebenezer P. Rogers, heir of John Caldwell, deceased, praying indemnity for French spoliations.

Ordered , That it be referred to the select committee on the subject.

Mr. Cass presented the petition of J. Kearsley and others, surviving officers of the last war with Great Britain, praying to be allowed bounty lands; which was referred to the Committee on Military Affairs.

Mr. Felch submitted additional documents relating to the claim of the legal representatives of John Anderson, deceased; which were referred to the Committee of Claims.

Mr. Dickinson presented the petition of Nancy G. Van Rensselaer, widow of a revolutionary officer, praying to be allowed an increase of pension; which was referred to the Committee on Pensions.

Mr. Foote presented the memorial of William E. Aisquith, praying to be restored to his rank in the army, from which he was dismissed under the sentence of a court-martial, which he alleges was rendered contrary to law; which was referred to the Committee on the Judiciary.

On motion by Mr. Phelps,

Ordered , That the petition of Stevens and Ellison and others, and the petition of citizens of Monroe county, New York, on the files of the Senate, relating to the subject of certain infringements upon the patent right of Thomas Blanchard, be referred to the Committee on the Judiciary.

On motion by Mr. Bell,

Ordered , That the memorial of the legal representatives of William Armstrong, deceased, on the files of the Senate, be referred to the Committee on Indian Affairs.

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. Soule,

Ordered , That the memorial of Margaret Carmick, widow of Daniel Carmick, on the files of the Senate, be referred to the Committee on Naval Affairs.

On motion by Mr. Yulee,

0090 90

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

On motion by Mr. Jones,

Ordered , That leave be granted to withdraw the petition of David McDuffie.

On motion by Mr. Bright,

Ordered , That the representatives of Francis Vigo, deceased, have leave to withdraw their petition and papers.

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

Resolved , That the Committee on the Post Office and Post Roads inquire into the expediency of establishing a post route from Altamont, Grundy county, Tennessee, to Winchester, in said State, via Hockerville.

Mr. Jones 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 Savannah, Illinois, via Sabula, in Iowa; thence through the townships of Union, Van Buren, Fairfield, and the town of Andrew, in Jackson county, to Cascade, in Dubuque county.

Mr. Bright 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 allowing a pension to Bridget Riley, widow of John P. Riley, late a private in the fifth regiment of Indiana volunteers.

On motion by Mr. Davis, of Mississippi,

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. Dickinson,

Ordered , That so much of the message of the President of the United States as relates to the finances of the United States, be referred to the Committee on Finance.

On motion by Mr. Jones,

Ordered , That the Committee on Pensions be discharged from the further consideration of the petition of David Gross.

Mr. Jones, from the Committee on Pensions, to whom was referred the petition of John Le Roy, submitted a report, accompanied by a bill (S. 56) for his relief.

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

Ordered , That the report be printed.

Mr. Bell, agreeably to notice, asked and obtained leave to bring in a bill (S. 57) to provide for the repair and improvement of the dam at the head of Cumberland island, in the Ohio river; which was read the first and second times, by unanimous consent, and referred to the Committee on Commerce.

Mr. Bright, agreeably to notice, asked and obtained leave to bring in a bill (S. 58) to establish ports of entry and delivery at Madison and New Albany, in Indiana, and for other purposes; which was read the first and second times, by unanimous consent, and referred to the Committee on Commerce.

Mr. Badger, by unanimous consent had leave to bring in a bill (S. 59) 0091 91 for the relief of the legal representatives of Francis Nash; which was read the first and second times, by unanimous consent, and referred to the Committee on the Judiciary.

The Senate resumed the consideration of the resolution submitted by Mr. Clemens, the 27th of December, in relation to the adoption of a State constitution by the people of California.

On motion by Mr. Clemens,

That it lie on the table,

It was determined in the negative.

The resolution having been amended, on the motion of Mr. Dawson:

On the question to agree thereto,

It was determined in the affirmative

Yeas 48

Nays 3

On motion by Mr. Whitcomb,

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

Those who voted in the affirmative are,

Messrs. Atchison, Badger, Baldwin, Benton, Berrien, Borland, Bright, Butler, Chase, Clarke, Clemens, Cooper, Corwin, Davis of Massachusetts, Davis of Mississippi, Dawson, Dickinson, Dodge of Wisconsin, Dodge of Iowa, Douglas, Downs, Felch, Foote, Greene, Hamlin, Houston, Hunter, Jones, King, Mason, Miller, Morton, Norris, Pearce, Phelps, Pratt, Rusk, Sebastian, Seward, Shields, Smith, Soulé, Spruance, Sturgeon, Turney, Upham, Walker, Whitcomb.

Those who voted in the negative are,

Mr. Bell, Mr. Dayton, and Mr. Underwood.

So it was

Resolved , That the President of the United States be requested to inform the Senate, as early as practicable, whether any person has been by him appointed civil or military governor of California since the 4th day of March last; and if so, who has been so appointed, and what compensation has been allowed him. Also, that he be requested to inform the Senate whether any agent has been appointed by the Executive, or any of the departments of the government, and sent to California, with instructions or authority to organize a State government for that Territory, or to aid and advise the people within its limits in such organization. And further, that he be requested to inform the Senate how the delegates recently assembled in California, calling themselves a convention, were elected; by whom the qualifications of the voters were fixed and determined; what those qualifications were; and by what law, the time, places, and manner of holding said election was regulated. And further, that he be requested to inform the Senate whether any census of the inhabitants of said territory has been taken; and if so, by what law, and under what authority. And further, that he be requested to communicate to the Senate all orders, written or verbal, instructions or correspondence, with any person as civil or military governor of California, or as agent on the part of the United States government in California, by the preceding administration and the present administration. And further, that he be requested to inform the Senate whether any steps have been taken by the Executive or any department of the government to assemble a convention in New Mexico for the purpose of adopting a constitution and making application for admission into the Union; and if so, that he be requested to communicate to the Senate all orders, instructions, and papers in relation thereto. And 0092 92 further, that he be requested to inform the Senate upon what ground he bases the opinion expressed in his annual message of December 4, 1849, that the people of New Mexico will “at no very distant period present themselves for admission into the Union.”

On motion by Mr. Foote,

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

After the consideration of Executive business,

The Senate adjourned.

MONDAY, January 21, 1850. Link to Annals.

The Vice President laid before the Senate a report of the Secretary of the Senate, made agreeably to law, showing the persons who have been employed in the office of the Secretary of the Senate during the year 1849, and the sums paid to each; which was read.

On motion that it be printed,

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

The Vice President laid before the Senate a report of the Secretary of the Senate made agreeably to law, showing the manner in which the contingent fund of the Senate has been expended during the year ending the 2d December, 1849; which was read: and,

On motion that it be printed,

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

The Vice President laid before the Senate a report of the Secretary of the Interior, made in compliance with a resolution of the Senate, accompanied by a report of the Commissioner of the General Land Office, “showing the amount of public lands originally contained in each State, respectively; the number of acres granted to the different States for objects of internal improvement; the number of acres-necessary to make the grants to each State equal to the maximum quantity now granted to the State which has received the greatest quantity; and also the number of acres necessary to make each grant equal, in proportion to the areas of each of the several States.

On motion that it be printed,

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

The Vice President laid before the senate a report of the Secretary of the Interior, made in obedience to a resolution of the Senate, accompanied by papers on file in the office of the Commissioner of Pensions, relating to the application of John A. Rogers for a pension.

On motion that it be printed,

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

Mr. Atchison presented the petition of Mary Smith Wetmore, widow of Alphonso Wetmore, deceased, an army officer, praying to be allowed a pension; which was referred to the Committee on Pensions.

Mr. Atchison submitted an additional document relating to the claim of Thomas Allen; which was referred to the Committee of Claims.

Mr. Miller presented a memorial of the mayor and common council of the city of Newark, New Jersey, praying an appropriation for improving the navigation of Newark bay and the Passaic river; which was referred to the Committee on Commerce.

Mr. Walker presented a petition of citizens of Wisconsin praying that 0093 93 the public lands may be granted in limited quantities to actual settlers free of charge; which was referred to the Committee on Public Lands.

Mr. Douglas presented the memorial of William Archer, praying the survey and location of a route for a railroad from the city of Washington to the Pacific ocean; which was referred to the Committee on Roads and Canals.

Mr. Clay presented a petition of citizens of New York, praying a reduction of the rates of postage; which was referred to the Committee on the Post Office and Post Roads.

Mr. Seward presented the memorial of the heirs and legal representatives of Lyman Foot, deceased, a surgeon in the army, praying compensation for his services in the Black Hawk war, in the years 1832 and 1833; which, with the documents on the files of the Senate relating to the claim, was referred to the Committee on Military Affairs.

Mr. Seward presented a petition of citizens of West Bloomfield, New York, praying the adoption of measures for the amicable adjustment of international difficulties; which was referred to the Committee on Foreign Relations.

Mr. Borland presented a petition of citizens of Arkansas, praying the establishment of a mail route from Little Rock to Fort Smith, in that State; which was referred to the Committee on the Post Office and Post Roads.

Mr. Dayton presented the memorial of the heirs of Richard Hartshorne, deceased, praying indemnity for French spoliations.

Ordered , That it be referred to the select committee on the subject.

Mr. Cooper presented resolutions passed by the General Assembly of the State of Pennsylvania, in favor of the construction of a railroad from Lake Michigan to the Pacific ocean on the plan proposed by Asa Whitney.

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

Mr. Cooper presented five petitions of miners, merchants, manufacturers, and others, citizens of Schuylkill county, Pennsylvania, praying the readjustment of the tariff, and the imposition of specific instead of ad valorem duties, with a discrimination in favor of domestic manufactures; which were referred to the Committee on Finance.

Mr. Underwood presented the memorial of the heirs and legal representatives of Daniel Morgan, deceased, a revolutionary officer, praying permission to locate on any unappropriated public lands, the unsatisfied portion of a bounty-land warrant issued to their ancestor; which was referred to the Committee of Claims.

Mr. Pearce presented the praying of the legal representative of William Carmichael, deceased, praying compensation for his diplomatic services at the Court of Madrid; which was referred to the Committee on Foreign Relations.

Mr. Pearce presented a memorial of the Maryland State Agricultural Society, praying the establishment of a bureau of agriculture; which was referred to the Committee on Agriculture.

Mr. Dodge of Wisconsin, presented a petition of citizens of Racine, Wisconsin, praying an appropriation for improving the harbor at that place; which was referred to the Committee on Commerce.

Mr. Borland presented the petition of Amelia Sophia Catharine, Wetmore, widow of Leonidas Wetmore deceased, an army officer, praying 0094 94 to be allowed a pension; which was referred to the Committee on Military Affairs.

Mr. Berrien presented the memorial of the mayor and aldermen of the city of Darien, Georgia, praying the erection of a marine hospital at that place; which was referred to the Committee on Commerce.

Mr. Dodge, of Iowa, presented the memorial of the legal representative of John R. Champagne, deceased, praying indemnity for French spoliations.

Ordered , That it be referred to the select committee on the subject.

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

Mr. Dickinson presented a petition of John McCann and others, praying that diplomatic intercourse between the United States and the government of Austria may be suspended; which was referred to the Committee on Foreign Relations.

Mr. Hamlin presented twenty-five petitions of citizens of Portland, Maine, praying that the spirit ration of the navy may be abolished; also, twenty-five petitions of citizens of Portland, Maine, praying that corporal punishment in the navy may be abolished.

Ordered , That they be referred to the Committee on Naval Affairs.

Mr. Cooper presented fifty-five petitions of citizens of Philadelphia, Pennsylvania, praying that the spirit ration in the navy may be abolished; which were referred to the Committee on Naval Affairs.

On motion by Mr. Yulee,

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

On motion by Mr. Jones,

Ordered , That the petition of Adam D. Steuart, on the files of the Senate, be referred to the Committee of Claims.

On motion by Mr. Pearce,

Ordered , That Alexander Tait have leave to withdraw his petition.

On motion by Mr. Borland,

Ordered , That, until otherwise ordered the usual number of bills and joint resolutions to be printed for the use of the Senate be one thousand.

Mr. Bell, from the Committee on Commerce, to whom was referred the bill (S. 57) to, provide for the repair and improvement of the dam at the head of the Cumberland island, in the Ohio river, reported it without amendment.

The Senate proceeded to consider the said bill, as in Committee of the Whole; and,

On motion by Mr. King,

Ordered , That it lie on the table.

Mr. Borland, from the Committee on Printing, to whom was referred the motion to print the report of the Secretary of State of the 16th January, together with the accompanying correspondence with the consul of the United States at Valparaiso, reported in favor of printing the same; and

Ordered , That the report be printed.

Mr. Borland, from the Committee on Printing, reported in favor of printing the memorial of the Panama Railroad Company; and

0095 95

Ordered , That the memorial be printed.

Mr. Borland, from the Committee on Printing, to whom was referred the motion to print ten thousand additional copies of the report accompanying the bill (S. 23) to provide for the more effectual execution of the third clause of the second section of the fourth article of the constitution of the United States, reported thereon; whereupon,

Ordered , That ten thousand copies of the said report, together with the bill, in addition to the usual number, be printed for the use of the Senate.

Mr. Borland, from the Committee on Printing, to whom was referred the motion to print the petition of Charles Lee Jones, reported against printing the same; and

The report was concurred in.

Mr. Borland, from the Committee on Printing, to whom was referred the motion to print certain petitions of citizens of Virginia in relation to the employment of chaplains, reported that the same be not printed; and

The report was concurred in.

Mr. Borland, from the Committee on Printing, to whom was referred the motion to print the usual number of additional copies of the report of the Commissioner of Patents, made the 16th instant, reported that the proposed additional number be printed.

The Senate proceeded to consider the report; and,

On motion by Mr. Butler,

Ordered , That it lie on the table.

Agreeably to notice, Mr. Borland asked and obtained leave to bring in a bill (S. 60) to establish a port of entry and delivery at Little Rock, in Arkansas; which was read the first and second time, by unanimous consent, and referred to the Committee on Commerce.

The Senate proceeded to consider the resolution submitted by Mr. Foote the 27th December, in relation to the establishment of territorial governments for California, Deseret, and New Mexico; and,

After debate, and the consideration of Executive business, by unanimous consent,

The Senate adjourned.

TUESDAY, January 22, 1850. Link to Annals.

Mr. Seward presented the proceedings of the corporation of the city of New York, in favor of the establishment of a branch mint at that place; which were referred to the Committee on Finance.

Mr. Hunter presented the petition of the executors of John Mason, deceased, praying compensation for certain cannon manufactured for the naval service; which was referred to the Committee of Claims.

Mr. Bradbury presented the memorial of Josiah Sturgis and other officers and seamen of the revenue service, praying that the benefits of the naval pension laws may be extended to that service; which was referred to the Committee on Pensions.

Mr. Felch presented the petition of Sidney S. Allcott, praying permission to correct an error in the entry of a quarter section of land; which was referred to the Committee on Public Lands.

Mr. Underwood presented the petition of N. Lane, late pension agent at Louisville, Kentucky, praying that he may be allowed a credit in the 0096 96 settlement of his accounts, for certain payments disallowed by the accounting officers; which was referred to the Committee on Pensions.

Mr. Underwood presented the petition of Samuel M. Bootes, praying compensation for his services as bookkeeper in the office of the Treasurer of the United States; which was referred to the Committee of Claims.

Mr. Smith presented the petition of Lemuel Vinal and others, praying indemnity for French spoliations.

Ordered , That it be referred to the select committee on the subject.

Mr. Webster presented the petition of Sarah Nichols, widow of a revolutionary soldier, praying to be allowed a pension; which was referred to the Committee on Pensions.

Mr. Webster presented a petition of members of the bar in the State of Massachusetts, praying that the salary of the judge of the district court of the United States for the district of Massachusetts may be increased; which was referred to the Committee on the Judiciary.

Mr. Webster presented a memorial of the executors of William Bartlet, deceased, and others, praying indemnity for French spoliations.

Ordered , That it be referred to the select committee on the subject.

Mr. Pearce presented the memorial of Caleb D. Owings and others, praying indemnity for French spoliations.

Ordered , That it be referred to the select committee on the subject.

Mr. Underwood submitted documents relating to the claim of William S. Waller to compensation for services in selling and disposing of treasury notes for the United States, during the last war with Great Britain; which were referred to the Committee of Claims.

Mr. Hamlin presented the memorial of the heirs of Joseph Moosly, deceased, praying indemnity for French spoliations.

Ordered , That it be referred to the select committee on the subject.

Mr. Hamlin presented a petition of citizens of North Haven and Vinalhaven, in the State of Maine, praying an appropriation for improving the navigation of Fox Island Thoroughfare in that State; which was referred to the Committee on Commerce.

Mr. Sturgeon presented resolutions passed by the legislature of Pennsylvania, in favor of the construction of a railroad from Lake Michigan to the Pacific ocean, on the plan proposed by Asa Whitney.

Ordered , That they lie on the table.

Mr. Yulee presented the petition of Joshua Follansbee and B. F. Isherwood, chief engineers in the navy, representing that they have been deprived of their promotion and pay in consequence of absence on foreign duty at the time they were entitled to examination, and praying that an act may pass for their relief; which was referred to the Committee on Naval Affairs.

Mr. Cooper presented a memorial of merchants and others, citizens of Pennsylvania, praying the construction of ice harbors in the Delaware river; which was referred to the Committee on Commerce.

Mr. Cooper presented a petition of citizens of Delaware county, Pennsylvania, praying the adoption of measures for the amicable adjustment of international difficulties; which was referred to the Committee on Foreign Relations.

On motion by Mr. Hunter,

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

0097 97

On motion by Mr. Seward,

Ordered , That the report of the Secretary of the Interior, communicating papers relating to the application of John A. Rogers for a pension, be referred to the Committee on Pensions.

On motion by Mr. Dickinson,

Ordered , That the petition of Daniel G. Garnsey, on the files of the Senate, be referred to the Committee on Military Affairs.

On motion by Mr. King,

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.

Mr. Webster submitted the following resolution for consideration:

Resolved , That a provision ought to be made by law that every male citizen of the United States, and every male person who has declared his intention of becoming a citizen, according to the provisions of law, of twenty-one years of age, or upwards, shall be entitled to enter upon and take any one-quarter section of the public lands which may be open to entry at private sale, for the purposes of residence and cultivation; and that when such citizen shall have resided on the same land for three years and cultivated the same or, if dying in the mean time residence and cultivation shall be held and carried on by his widow, or his heirs or devisees, for the space of full three years from and after making entry of such land, such residence and cultivation for the said three years to be completed within four years from the time of such entry, then a patent to issue for the same to the person making such entry, if living, or otherwise to his heirs or devisees, as the case may require: provided, nevertheless, that such person so entering and taking the quarter section as aforesaid, shall not have, nor shall his devisees or heirs have, any power to alienate such land, nor create any title thereto, in law or equity, by deed, transfer, lease, or any other conveyance, except by devise by will.

The resolution was read; and,

Ordered , That it be printed.

Mr. Davis, of Mississippi, Submitted the following resolution for consideration:

Resolved , That the President of the United States be requested, as far as compatible with public interest, to communicate to the Senate, copies of the instructions given and orders issued in relation to the assemblage of persons on Round island, coast of Mississippi, during the summer of 1849, and of the correspondence between the President or heads of departments and the governor of Mississippi, and the officers, naval or military, of the United States, in reference to the observation, investment and dispersion of said assemblage upon said island.

Mr. Underwood 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 establishing a port of delivery at the town of Paducah, in the State of Kentucky.

Mr. Borland presented the memorial of Louis Marchand, praying indemnity for French spoliations.

Ordered , That it be referred to the select committee on the subject.

On motion by Mr. Greene,

Ordered , That the Committee on Military Affairs be discharged from 7 0098 98 the further consideration of the petitions of Mrs. Frances P. Gardiner and Mrs. Frances Fowler; and that they be referred to the Committee on Pensions.

Mr. Dickinson, from the Committee on Finance, to whom was referred the bill (S. 24) to establish a branch of the mint of the United States in the city of New York, reported it without amendment.

Mr. Shields, from the Committee on Public Lands, to whom was referred the petition of Richard Chaney, reported a bill (S. 61) for the relief of the pre-emption claimants of the lands upon which the towns of Fort Madison and Burlington are situated; which was read, and passed to the second reading.

Mr. Shields, from the Committee on Public Lands, to whom were referred certain petitions of the late and present officers of land offices, reported a bill (S. 62) for the compensation of registers and receivers; which was read, and passed to the second reading.

Mr. Felch, from the Committee on Public Lands, to whom was referred a petition of citizens of Louisiana, submitted a report, accompanied by a bill (S. 63) to confirm the sale of school lands made to J. B. Gregoire and P. Gregoire in Louisiana.

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

Ordered , That the report be printed.

Mr. Smith, from the Committee on Public Lands, to whom was referred the bill (S. 20) to grant a certain quantity of land to the State of Iowa for the purpose of aiding said State to construct a railroad from Dubuque to Keokuk, reported it with amendment; which was ordered to be printed.

Mr. Norris, from the Committee of Claims, to whom was referred the bill (S. 6) for the relief of Theodore Offut, reported it without amendment, and submitted a report on the subject; which was ordered to be printed.

Mr. Baldwin, from the Committee of Claims, to whom was referred the bill (S. 4) for the relief of the American Colonization Society, reported it without amendment, and submitted a report on the subject; which was ordered to be printed, with the accompanying papers.

Mr. Mason, from the Committee on the District of Columbia, to whom was referred the petition of Samuel McKenney, reported a bill (S. 64) to enable the trustees of the Methodist Episcopal Church, in Georgetown, in the District of Columbia to hold certain property for the purposes therein mentioned; Which was read, and passed to the second reading.

The said bill was read the second time, by unanimous consent, and considered as in Committee of the Whole; and no amendment being made, it was reported to the Senate.

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

The said bill was read a third time, by unanimous consent.

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

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

Agreeably to notice, Mr. Mason asked and obtained leave to bring in a bill (S.65) to change the times for holding the district courts of the United States in the western district of Virginia, and for other purposes; which was read the first and second times, by unanimous consent, and referred to the Committee on the Judiciary.

0099 99

Mr. Yulee, agreeably to notice, asked and obtained leave to bring in a bill (S. 66) to promote the efficiency of the naval establishment, by providing a retired list for disabled officers; which was read the first and second times, by unanimous consent, and referred to the Committee on Naval Affairs.

Agreeably to notice, Mr. Dodge, of Iowa, asked and obtained leave to bring in a bill (S. 67) to improve the Des Moines and Rock river rapids in the Mississippi river; which was read the first and second times, by unanimous consent, and referred to the Committee on Commerce.

The Senate proceeded to consider the resolution submitted by Mr. Foote, the 27th December, in relation to the establishment of territorial governments for California Deseret, and New Mexico; and, after debate,

On motion by Mr. Foote,

Ordered , That it lie on the table.

The Senate resumed, as in Committee of the Whole, the bill (S. 57) to provide for the repair and improvement of the dam at the head of Cumberland island, in the Ohio river; and no amendment being made, it was reported to the Senate.

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

The said bill 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 Senate proceeded to consider, as in Committee of the Whole, the bill (S. 1.) to provide for the adjustment and payment of expenses incurred, and obligations contracted, by the State of Florida, in providing for the safety of the people of that State during the recent insurrection of the Seminole Indians; and no amendment being made, it was reported to the Senate.

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

On motion by Mr. Douglas,

That the memorial of the legislative council of the provisional government of Deseret, presented the 27th December, be referred to the Committee on Territories,

It was determined in the affirmative,

Yeas, 30

Nays, 20

On motion,

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

Those who voted in the affirmative are,

Messrs. Badger, Benton, Bradbury, Bright, Chase, Clarke, Cooper, Davis of Massachusetts, Dickinson, Dodge of Wisconsin, Dodge of Iowa, Douglas, Felch, Foote, Greene, Hamlin, Houston, Jones, Mangum, Miller, Norris, Rusk, Seward, Shields, Sturgeon, Underwood, Upham, Wales, Walker, Whitcomb.

Those who voted in the negative are,

Messrs. Atchison, Berrien, Borland, Butler, Clay, Clemens, Corwin, Davis of Mississippi, Dawson, Dayton, Hunter, King, Mason, Morton, Pearce, Phelps, Sebastian, Spruance, Turney, Yulee.

So it was

Ordered , That the said memorial be referred to the Committee on Territories.

The Senate resumed the consideration of the motion made by Mr. 0100 100 Foote, the 16th instant, to refer the bill (S. 55) to provide for the organization of the territorial governments of California, Deseret, and New Mexico, and to enable the people of Jacinto, with the consent of the State of Texas, to form a constitution and State government, and for the admission of such State into the Union upon an equal footing with the original States in all respects whatever, to the Committee on the Judiciary:

It was determined in the negative.

On motion by Mr. Foote,

That the said bill be referred to a select committee, consisting of five members, to be appointed by ballot,

A motion was made by Mr. Douglas that it be referred to the Committee on Territories; and

The question being put on the motion to refer the bill to the Committee on Territories,

It was determined in the affirmative,

Yeas, 25

Nays, 22

On motion,

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

Those who voted in the affirmative are,

Messrs. Baldwin, Bradbury, Bright, Chase, Clarke, Cooper, Corwin, Dayton, Dickinson, Dodge of Wisconsin, Dodge of Iowa, Douglas, Felch, Greene, Hamlin, Jones, Miller, Norris, Seward, Spruance, Underwood, Upham, Wales, Walker, Whitcomb.

Those who voted in the negative are,

Messrs. Atchison, Badger, Bell, Benton, Berrien, Borland, Butler, Clay, Clemens, Davis of Mississippi, Dawson, Foote, Houston, Hunter, King, Mangum, Mason, Morton, Pearce, Turney, Yulee.

So it was

Ordered , That the bill be referred to the Committee on Territories.

On motion,

The Senate adjourned.

WEDNESDAY, January 23, 1850. Link to Annals.

Mr. Corwin presented a petition of the late and present registers and receivers of the land office at Defiance, Ohio, praying to be allowed commissions on entries of lands under military land warrants; which was referred to the Committee on Public Lands.

Mr. Corwin presented a petition of certain officers and soldiers of the last war with Great Britain, praying the same allowance of bounty lands that was granted to those who served in the war with Mexico; which was referred to the Committee on Public Lands.

Mr. Corwin presented a memorial of Dudley Baldwin, Charles Stetson, and others, praying an extension of the admiralty and maritime jurisdiction of the district courts of the United States to all the navigable waters of the United States; which was referred to the Committee on the Judiciary.

Mr. Dickinson presented the memorial of George Wright, praying compensation for the use, by the United States, of his invention for the manufacture of percussion caps; which was referred to the Committee on Military Affairs.

0101 101

Mr. Greene presented the memorial of William Vernon and others, praying indemnity for French spoliations.

Ordered , That it be referred to the select committee on the subject.

Mr. Yulee presented the memorial of Robert Butler, late surveyor general for the State of Florida, praying additional compensation, and the reimbursement of certain legal expenses incurred while acting in his official capacity; which was referred to the Committee on Public Lands.

Mr. Walker presented a petition of citizens of Sheboygan, Wisconsin, praying the adoption of measures for the amicable settlement of all international difficulties; which was referred to the Committee on Foreign Relations.

Mr. Downs presented the memorial of the heirs of Henry Waller, deceased, praying compensation for property destroyed by the enemy in the year 1814; which was referred to the Committee of Claims.

Mr. Mangum presented the memorial of A. R. Woolley, Charles J. Nourse, and George Bender, a committee in behalf of the officers of the war of 1812, praying that they may be allowed bounty lands; which was referred to the Committee on Military Affairs.

Mr. Whitcomb submitted an additional document relating to the petition of George R. Herrick; which was referred to the Committee of Claims.

Mr. Whitcomb presented the memorial of Susannah Rose, widow of a revolutionary soldier, praying to be allowed a pension; which was referred to the Committee on Pensions.

Mr. Cooper presented the memorial of Joseph D. Drinker and the other heirs of John Skyrin, deceased, praying indemnity for French spoliations.

Ordered , That it be referred to the select committee on the subject.

Mr. Chase presented two petitions of citizens of the State of Ohio, praying the adoption of measures for the amicable settlement of international difficulties; Which were referred to the Committee on Foreign Relations.

Mr. Chase presented a petition of citizens of Ohio, praying a reduction of the rates of postage; which was referred to the Committee on the Post Office and Post Roads.

Mr. Chase presented a petition of citizens of Ohio, praying that garden seeds and other horticultural objects may be allowed to go by mail, in limited quantities, at the rate of postage charged on newspapers; which was referred to the Committee on the Post Office and Post Roads.

Mr. Chase presented a petition of the Green Plain Yearly Meeting of Congregational Friends in Ohio, praying that the army and navy of the United States may be immediately disbanded; which was referred to the Committee on Military Affairs.

Mr. Chase presented a petition of the Green Plain Yearly Meeting of Congregational Friends in Ohio, praying the enactment of a law to prohibit the sale of public lands, except to actual settlers, in limited quantities; which was referred, to the Committee on Public Lands.

Mr. Chase presented the petition of James Morrow, praying the payment of certain bills issued by the Continental Congress; which was referred to the Committee on Revolutionary Claims.

Mr. Benton presented a petition of physicians and other citizens of Jefferson city, Missouri, in behalf of William H. Furgerson, a soldier in the late war with Mexico, praying that he may be allowed an increase of pension; which was referred to the Committee on Pensions.

0102 102

Mr. Pearce presented the memorial of the legal representative of Robert and Alexander McKim, deceased, praying indemnity for French spoliations.

Ordered , That it be referred to the select committee on the subject.

Mr. Cass presented a petition of citizens of the counties of Allegan and Ottawa, in Michigan, praying an appropriation for improving the communication between Black lake and Lake Michigan; which was referred to the Committee on Commerce.

On motion by Mr. Yulee,

Ordered , That the petition of Eugene Van Ness, administrator of Nehemiah Brush, deceased, and the petition of James Edwards, administrator of Edward M. Wanton, deceased, on the files of the Senate, be referred to the Committee of Claims.

On motion by Mr. Dickinson,

Ordered , That the petition of Mangle M. Quackenbos and others, sureties of Samuel Swartwout, on the files of the Senate, be referred to the Committee on Commerce.

Mr. Clay, by unanimous consent, had leave to introduce a resolution (S. R. 3) authorizing the joint committee on the library to purchase the manuscript of the Farewell Address of George Washington; which was read, and passed to the second reading.

Mr. Benton submitted the following resolution for consideration:

Resolved , That the Committee on the Judiciary be instructed to inquire into the expediency of authorizing the circuit and district courts of Missouri to conform the practice and forms and modes of procedure to those in the courts of the State, as prescribed by law.

On motion by Mr. Rusk,

Ordered , That the petition of Bryan Callaghan, on the files of the Senate, he referred to the Committee of Claims.

On motion by Mr. Mason,

Ordered , That the Committee on Naval Affairs be discharged from the further consideration of the petition of John Mitchell, and that it be referred to the Committee on Pensions.

On motion by Mr. Walker,

Ordered , That the Committee on Revolutionary Claims be discharged from the further consideration of the petition of Benjamin Wood, and that it be referred to the Committee on Pensions.

On motion by Mr. King,

Ordered , That the Committee on Foreign Relations be discharged from the further consideration of the memorial of Ladislas Wankowicz and G. Tochman, for the heirs of General Thaddeus Kosciusko, and that it be transmitted to the Secretary of State.

Mr. Borland, from the Committee on Printing, to whom the following subjects were referred—

Report of the Secretary of the Senate showing the names and compensation of the persons employed in the office of the Secretary of the Senate during the year 1849;

Report of the Secretary of the Senate showing the expenditures from the contingent fund of the Senate for the year ending December 2, 1849;

Report of the Secretary of the Interior in relation to the public lands, communicated the 21st January—reported that the same be printed; and

The report was concurred in.

0103 103

Mr. Borland, from the Committee on Printing, to whom was referred the motion to print the report of the Secretary of the Interior, in relation to the application of John A. Rogers for a pension, reported that the same be not printed; and

The report was concurred in.

Mr. Berrien, from the Committee on the Judiciary, to whom was referred the bill (S. 19) to amend the several acts establishing district courts of the United States in the State of Florida, and to provide for writs of error and appeal from said courts, reported the same without amendment.

Mr. Downs, from the Committee on Private Land Claims, to whom was referred the memorial of the representative of J. W. Mason, deceased, and others, submitted a report, accompanied by a bill (S. 68) to grant the right of pre-emption to certain purchasers and settlers in the “Maison Rouge grant,” in the event of a final adjustment of the title in favor of the United States.

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

Ordered , That the report be printed.

Mr. Downs, from the Committee on the Judiciary, to whom the subject was referred, reported a bill (S. 69) to amend an act entitled “An act for the better organization of the district court of the United States within the State of Louisiana,” approved the 3d of March, 1849; which was read, and passed to the second reading.

Mr. Bradbury, from the Committee on the Judiciary, to whom was referred the bill (S. 14) providing for an additional term of the United States circuit and district court at Chicago, in the district of Illinois, reported it without amendment.

Mr. Bradbury, from the Committee on the Judiciary, to whom was referred the bill (S. 18) to divide the district of Arkansas into two judicial districts, reported it without amendment.

Mr. Dayton, from the Committee on the Judiciary, to whom was referred the bill (S. 2) to authorize the change of venue in certain cases, reported it without amendment.

Agreeably to notice, Mr. Hunter asked and obtained leave to bring in a bill (S. 70) to repeal so much of the act, approved March 3, 1849, entitled “An act to establish the Home Department, and to provide for the Treasury Department an Assistant Secretary of the Treasury and a Commissioner of Customs,” as relates to the Secretary of the Interior, and for other purposes; which was read the first and second times by unanimous consent, and referred to the Committee on Finance, and ordered to be printed.

Mr. Hunter, agreeably to notice, asked and obtained leave to bring in a bill (S. 71) to establish a board of accounts; which was read the first and second times by unanimous consent, referred to the Committee on Finance, and ordered to be printed.

The Senate proceeded to consider, as in Committee of the Whole, the bill (S. 39) for the relief of William Darby; and,

On motion by Mr. Downs,

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

The Senate resumed the consideration of the motion made by Mr. Upham, the 8th instant, to print the resolutions of the legislature of Vermont on the subject of slavery; and after debate,

0104 104

On motion by Mr. Butler,

Ordered , That the motion lie on the table.

The Senate proceeded to consider, as in Committee of the Whole, the bill (S. 23) to provide for the more effectual execution of the third clause of the second section of the fourth article of the constitution of the United States; and,

On motion by Mr. Butler,

Ordered , That the further consideration thereof be postponed until tomorrow, and be the order of the day.

On motion,

The Senate adjourned.

THURSDAY, January 24, 1850. Link to Annals.

Mr. Hunter presented the memorial of the legal representative of John Bell, deceased, praying indemnity for French spoliations.

Ordered , That it be referred to the select committee on the subject.

Mr. Clay presented the petition of Meribah Chandler, widow of a revolutionary soldier, praying to be allowed arrears of pension; which was referred to the Committee on Pensions.

Mr. Clay presented the petition of John McAvoy, a soldier in the late war with Mexico, praying the reimbursement of money paid for transportation while on his return from Mexico; which was referred to the Committee of Claims.

Mr. Clay presented a petition of citizens of Franklin county, Pennsylvania, praying the purchase of Mount Vernon by the government; which was referred to the Committee on the District of Columbia.

Mr. Hamlin submitted additional documents relating to the memorial of Rufus Dwinel; which were referred to the Committee on the Post Office and Post Roads.

Mr. Bradbury presented five petitions of citizens of Maine, praying that corporal punishment in the navy may be abolished; also, a petition of citizens of Maine, praying that the spirit ration of the navy may be abolished; which were referred to the Committee on Naval Affairs.

Mr. Morton submitted a document relating to the claim of the administrator of Darius Garrason, deceased, to compensation for forage furnished the army in the Florida war; which was referred to the Committee of Claims.

Mr. Morton presented the memorial of the heirs of Woodbury S. Nickels, deceased, praying indemnity for French spoliations.

Ordered , That it be referred to the select committee on the subject.

Mr. Chase presented the memorial of the board of trustees of the Protestant university of the United States in the State of Ohio, praying a grant of public land; which was referred to the Committee on Public Lands.

On motion by Mr. Hunter,

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

On motion by Mr. Hunter,

Ordered , That the petition of the Tredegar Iron Company, on the files of the Senate, be referred to the Committee on Naval Affairs.

On motion by Mr. Bradbury,

0105 105

Ordered , That the petition of Peter Grover, on the files of the Senate, be referred to the Committee on Pensions.

On motion by Mr. King,

Ordered , That the petition of George S. Gaines, on the files of the Senate, be referred to the Committee on Indian Affairs.

On motion by Mr. Baldwin,

Ordered , That the petition of Ann Dodd, on the files of the Senate, be referred to the Committee on Pensions.

Mr. Seward submitted the following resolution for consideration:

Resolved , That, in the opinion of the Senate, the Secretary of State may and ought to audit the claims of John Hogan, jr., for his services and losses, heretofore incurred as a confidential agent of the United States in St. Domingo, and pay the balance which shall be found due upon principles of equity and justice, out of the contingent fund for foreign intercourse.

Mr. Badger presented the memorial of Edward Hill and others, praying indemnity for French spoliations.

Ordered , That it be referred to the select committee on the subject.

On motion by Mr. Downs,

Ordered , That the Committee on Private Land Claims be discharged from the further consideration of the petition of Joseph P. Williams, and that it be referred to the Committee on Public Lands.

Mr. Mangum submitted documents in relation to the claim of the heirs of William Woodworth to the renewal of their patent right; which were referred to the Committee on Patents and the Pater Office.

Mr. Seward submitted the following resolution for consideration:

Resolved , That the Committee on Commerce be instructed to inquire into and report concerning the propriety of giving to Captain David Cook, of the British barque Sarah some suitable token of the approbation of Congress of his gallant and humane conduct in rescuing the passengers, officers, and crew of the American ship Caleb Grimshaw, destroyed by fire in the Atlantic ocean, and bringing them in safety into the port of New York.

On motion by Mr. Badger,

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

Mr. Butler, from the Committee on the Judiciary, to whom was referred the bill (S. 32) to regulate appeals from the trial of issues in the District of Columbia, reported it with amendments.

On motion by Mr. Butler,

Ordered , That the Committee on the Judiciary be discharged from the further consideration of the memorial of William E. Aisquith.

Mr. Soulé, from the Committee on Commerce, to whom was referred the memorial of E. Pavenstedt and Schumacher, reported a bill (S. 72) for the relief of E. Pavenstedt and Schumacher; which was read, and passed to the second reading.

Mr. Hamlin, from the Committee on Commerce, to whom was referred the petition of citizens of Bangor, reported a bill (S. 73) making an appropriation for a custom-house at Bangor, in the State of Maine; which was read, and passed to the second reading.

Mr. Dayton, from the Committee on the Judiciary, to whom sundry memorials relating to the subject were referred, reported a bill (S. 74) 0106 106 giving further remedies to patentees; which was read, and passed to the second reading.

Mr. Clemens, from the Committee on Private Land Claims, to whom the papers relating to the claim of Charles G. Gunter were referred, submitted a report, accompanied by a bill (S. 75) to relinquish the reversionary interest of the United States to a certain reservation in the State of Alabama, and to confirm the title of C. G. Gunter thereto; which was read, and passed to the second reading.

The said hill was read the second time, by unanimous consent, and considered as in Committee of the Whole; and no amendment being made, it was reported to the Senate.

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

Mr. Walker, from the Committee on Revolutionary Claims, to whom the documents relating to the claim of William Vawters were referred, reported the following resolution; which was considered and agreed to:

Resolved , That the claim of the legal representatives of William Vawters being, as appears, for half pay, and there being law for the settlement of such claims, the memorial and accompanying documents be referred to the Secretary of the Interior for settlement.

The joint resolution (S. R. 3) authorizing the purchase of the manuscript Farewell Address of George Washington was read the second time, and considered as in Committee of the Whole; and having been amended, it was reported to the Senate and the amendment was concurred in.

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

The said resolution was read a third time, by unanimous consent.

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 in this resolution.

The Vice President laid before the Senate a report of the Secretary of War, accompanied by a statement of the expenditures made during the year ending 31st December, 1849, from the appropriation for contingencies of the military establishment; which was read.

The following message was received from the President of the United States by Colonel Bliss, his secretary:

To the Senate of the United States:

I transmit to the Senate, in answer to a resolution of that body, passed on the 17th instant, the accompanying reports of heads of departments, which contain all the official information in the possession of the Executive asked for by the resolution.

On coming into office, I found the military commandant of the department of California exercising the functions of civil governor in that territory; and left, as I was, to act under the treaty of Guadalupe Hidalgo, without the aid of any legislative provision establishing a government in that territory, I thought it best not to disturb that arrangement, made under my predecessor, until Congress should take some action on that subject. I therefore did not interfere with the powers of the military commandant, who continued to exercise the functions of civil governor as before; but I made no such appointment, conferred no such authority, and have allowed no increased compensation to the commandant for his services.

0107 107

With a view to the faithful execution of the treaty, so far as lay in the power of the Executive, and to enable Congress to act at the present session with as full knowledge and as little difficulty as possible on all matters of interest in these territories, I sent the Hon. Thomas Butler King as bearer of despatches to California, and certain officers to California and New Mexico, whose duties are particularly defined in the accompanying letters of instruction addressed to them severally by the proper departments.

I did not hesitate to express to the people of those Territories my desire that each Territory should, if prepared to comply with the requisitions of the constitution of the United States, form a plan of a State constitution, and submit the same to Congress, with a prayer for admission into the Union as a State; but I did not anticipate, suggest, or authorize the establishment of any such government without the assent of Congress; nor did I authorize any government agent or officer to interfere with or exercise any influence or control over the election of delegates, or over any convention, in making or modifying their domestic institutions, or any of the provisions of their proposed constitution. On the contrary, the instructions given by my orders were, that all measures of domestic policy adopted by the people of California must originate solely with themselves; that while the Executive of the United States was desirous to protect them in the formation of any government republican in its character, to be at the proper time submitted to Congress, yet it was to be distinctly understood that the plan of such a government must at the same time be the result of their own deliberate choice, and originate with themselves, without the interference of the Executive.

I am unable to give any information as to laws passed by any supposed government in California, or of any census taken in either of the Territories mentioned in the resolution, as I have no information on those subjects.

As already stated, I have not disturbed the arrangements which I found had existed under my predecessor.

In advising an early application by the people of these territories for admission as States, I was actuated principally by an earnest desire to afford to the wisdom and patriotism of Congress the opportunity of avoiding occasions of bitter and angry dissensions among the people of the United States.

Under the constitution, every State has the right of establishing, and from time to time altering its municipal laws and domestic institutions, independently of every other State and of the general government, subject only to the prohibitions and guaranties expressly set forth in the constitution of the United States. The subjects thus left exclusively to the respective States were not designed or expected to become topics of national agitation. Still, as, under the constitution, Congress has power to make all needful rules and regulations respecting the territories of the United States, every new acquisition of territory has led to discussions on the question whether the system of involuntary servitude which prevails in many of the States should or should not be prohibited in that territory. The periods of excitement from this cause which have heretofore occurred have been safely passed; but during the interval, of whatever length, which may elapse before the admission of the territories ceded by Mexico 0108 108 as States, it appears probable that similar excitement will prevail to an undue extent.

Under these circumstances, I thought, and still think, that it was my duty to endeavor to put it in the power of Congress, by the admission of California and New Mexico as States, to remove all occasion for the unnecessary agitation of the public mind.

It is understood that the people of the western part of California have formed a plan of a State constitution, and will soon submit the same to the judgment of Congress, and apply for admission as a State. This course on their part, though in accordance with, was not adopted exclusively in consequence of, any expression of my wishes, inasmuch as measures tending to this end had been promoted by the officers sent there by my predecessor, and were already in active progress of execution before any communication from me reached California. If the proposed constitution shall, when submitted to Congress, be found to be in compliance with the requisitions of the constitution of the United States, I earnestly recommend that it may receive the sanction of Congress.

The part of California not included in the proposed state of that name is believed to be uninhabited, except in a settlement of our countrymen in the vicinity of Salt lake.

A claim has been advanced by the State of Texas to a very large portion of the most populous district of the territory commonly designated by the name of New Mexico. If the people of New Mexico had formed a plan of a State government for that territory, as ceded by the treaty of Guadalupe Hidalgo, and had been admitted by Congress as a State, our constitution would have afforded the means of obtaining an adjustment of the question of boundary with Texas by a judicial decision. At present, however, no judicial tribunal has the power of deciding that question, and it remains for Congress to devise some mode for its adjustment. Meanwhile I submit to Congress the question, whether it would be expedient before such adjustment to establish a territorial government, which, by including the district so claimed, would practically decide the question adversely to the State of Texas, or, by excluding it, would decide it in her favor. In my opinion, such a course would not be expedient, especially as the people of this territory still enjoy the benefit and protection of their municipal laws, originally derived from Mexico, and have a military force stationed there to protect them against the Indians. It is undoubtedly true that the property, lives, liberties, and religion of the people of New Mexico are better protected than they ever were before the treaty of cession.

Should Congress, when California shall present herself for incorporation into the Union, annex a condition to her admission as a State affecting her domestic institutions contrary to the wishes of her people, and even compel her temporarily to comply with it, yet the State could change her constitution at any time after admission, when to her it should seem expedient. Any attempt to deny to the people of the State the right of self-government in a matter which peculiarly affects themselves, will infallibly be regarded by them as an invasion of their rights; and, upon the principles laid down in our own declaration of independence, they will certainly be sustained by the great mass of the American people. To assert that they are a conquered people, and must submit, as a State, to the will 0109 109 of their conquerors in this regard, will meet with no cordial response among American freemen. Great numbers of them are native citizens of the United States, not inferior to the rest of our countrymen in intelligence and patriotism; and no language of menance to restrain them in the exercise of an undoubted right, substantially guarantied to them by the treaty of cession itself, shall ever be uttered by me, or encouraged and sustained by persons acting under my authority. It is to be expected that, in the residue of the territory ceded to us by Mexico, the people residing there will, at the time of their incorporation into the Union as a State, settle all questions of domestic policy to suit themselves.

No material inconvenience will result from the want, for a short period, of a government established by Congress over that part of the territory which lies eastward of the new state of California; and the reasons for my opinion that New Mexico will, at no very distant period, ask for admission into the Union, are founded on unofficial information, which, I suppose, is common to all who have cared to make inquiries on that subject.

Seeing, then, that the question which now excites such painful sensations in the country will in the end certainly be settled by the silent effect of causes independent of the action of Congress, I again submit to your wisdom the policy recommended in my annual message of awaiting the salutary operation of those causes, believing that we shall thus avoid the creation of geographical parties, and secure the harmony of feeling so necessary to the beneficial action of our political system. Connected, as the Union is, with the remembrance of past happiness the sense of present blessings, and the hope of future peace and prosperity, every dictate of wisdom, every feeling of duty, and every emotion of patriotism, tend to inspire fidelity and devotion to it, and admonish us cautiously to avoid any unnecessary controversy which can either endanger it or impair its strength, the chief element of which is to be found in the regard and affection of the people for each other.

Z. TAYLOR.

Washington , January 23, 1850.

The message was read.

Ordered , That it be printed, with the accompanying documents.

The following message was received from the President of the United States by Colonel Bliss, his secretary:

To the Senate of the United States :

I transmit to the Senate a copy of the Convention between the United States and his Majesty the Emperor of Brazil, providing for the satisfaction of claims of citizens of the United States against the Brazilian government, signed at Rio de Janeiro on the 27th of January last, and the ratifications of which were exchanged in this city on the eighteenth instant.

It is desirable that Congress should prescribe the mode in which the claims referred to are to be adjusted, and the money stipulated to be paid by Brazil shall be distributed among the claimants.

Extracts from despatches of the minister of the United States at Rio de Janeiro, and a copy of a letter from an agent of claimants there, are also herewith communicated, to which your attention is invited.

I have authorized our minister to demand, receive, and give acquittances 0110 110 for the amount payable by Brazil, and have caused him to be instructed to remit the same to the treasury of the United States.

Z. TAYLOR.

Washington , January 23, 1850.

The message was read.

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

The Senate resumed, as in Committee of the Whole, the consideration of the bill (S. 23) to provide for the more effectual execution of the third clause of the second section of the fourth article of the constitution of the United States.

And after debate, and the consideration of Executive business, by unanimous consent,

The Senate adjourned.

MONDAY, January 28, 1850. Link to Annals.

Mr. Dickinson presented the petition of Phebe and Sylvia Ann Wood, daughters of Jethro Wood, deceased, praying that the heirs of Jethro Wood may be remunerated for the great benefits conferred on the people of the United States by his improvements in the plough; which was referred to the Committee on Patents and the Patent Office.

Mr. Dickinson presented a petition of the Agricultural Society of the State of New York, praying that the heirs of Jethro Wood may be remunerated for the benefits derived from his improvements in the plough; which was referred to the Committee on Patents and the Patent Office.

Mr. Dickinson presented a petition signed by members of the legislature of New York, praying that the heirs of Jethro Wood may be remunerated for the benefits which have been derived by the people of the United States from his improvements in the plough; which was referred to the Committee on Patents and the Patent Office.

Mr. Dickinson presented a petition of citizens of Cayuga county, New York, in favor of the claim of the heirs of Jethro Wood; which was referred to the Committee on Patents and the Patent Office.

Mr. Dickinson presented the memorial of Hartwell Carver and his associates, praying an act of incorporation and the aid of government to enable them to construct a railroad from Lake Michigan to the Pacific ocean; which was referred to the Committee on Roads and Canals.

Mr. Dickinson presented a petition of citizens of Batavia, New York, praying a reduction of the rates of postage; which was referred to the Committee on the Post Office and Post Roads.

Mr. Dickinson presented a petition of citizens of Westchester county, New York, praying a reduction of the rates of postage; which was referred to the Committee on the Post Office and Post Roads.

Mr. Dickinson presented the memorial of Theophilus Hardenbrook, praying to be remunerated for his losses and sufferings while a prisoner of war in the Dartmoor prison, during the last war with Great Britain; which was referred to the Committee on Military Affairs.

Mr. Mangum presented the petition of J. R. Creecy, praying compensation for his services, and reimbursement of his expenses, in raising and subsisting volunteers for the service of the United States in the late war with Mexico; which was referred to the Committee on Military Affairs.

0111 111

Mr. Hunter submitted additional documents relating to the petition of the executors of John Mason, deceased; which were referred to the Committee of Claims.

Mr. Seward presented a petition of citizens of Erie county, New York, praying the adoption of measures for the amicable adjustment of international difficulties; which was referred to the Committee on Foreign Relations.

Mr. Seward submitted documents showing the comparative expenses of collecting the revenue in the district of New York for the six months ending December 31, 1848, and the corresponding half-year ending December 31, 1849; which were referred to the Committee on Finance.

On motion by Mr. Seward that they be printed,

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

Mr. Seward presented the memorial of the Chamber of Commerce of New York, praying the establishment of a branch mint in the city of New York.

Ordered , That it lie on the table.

On motion by Mr. Seward that the memorial be printed,

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

Mr. Seward presented a memorial of citizens of New York, praying that the public lands may be granted to actual settlers in limited quantities without price; which was referred to the Committee on Public Lands.

Mr. Mason presented a memorial of the Corporation of Georgetown, in the District of Columbia, praying that they may be empowered to construct certain improvements within the limits of said corporation; which was referred to the Committee on the District of Columbia.

Mr. Hamlin presented a petition of citizens of Bangor, Maine, praying a reduction of the rates of postage; which was referred to the Committee on the Post Office and Post Roads.

Mr. Downs presented the memorial of Josiah Barker, Thomas W. Chinn, Micajah Courtney, and the representatives of John Davenport, sureties of Thomas Gibbs Morgan, late collector for the port of New Orleans, praying to be released from a judgment obtained against them by the United States; which, with their memorial and papers on the files of the Senate, was referred to the Committee on the Judiciary.

Mr. Seward presented resolutions passed by the legislature of New York, instructing the senators and requesting the representatives of that State in Congress to use their exertions to procure the enactment of a law granting lands in limited quantities to actual settlers who are citizens of the United States, and not possessed of other lands, or the means of acquiring them.

The resolutions were read.

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

Mr. Cooper presented the memorial of Thomas Crawford, proposing, with the assent of Congress, to execute an equestrian statue of Washington in bronze; which was referred to the Committee on the Library.

On motion by Mr, Cooper that the memorial be printed,

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

Mr. Miller presented a petition of the president and faculty of Burlington College, a petition of the students of said College, and a petition of the scholars of the Moorestown boarding school, in the state of New Jersey, praying a reduction of the rates of postage; which were referred to the Committee on the Post Office and Post Roads.

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Mr. Foote presented the petition of John Hollohan, praying compensation for his services as messenger and watchman in the Patent Office; which was referred to the Committee of Claims.

Mr. Foote presented the petition of Asenath M. Elliott, widow of an army officer, praying to be allowed a pension; which was referred to the Committee on Military Affairs.

Mr. Dodge, of Wisconsin, presented three petitions of citizens of Racine, Wisconsin, praying the construction of a harbor at that place; which were referred to the Committee on Commerce.

Mr. Badger submitted an additional document, relating to the claim of the heirs of Edward Buncombe; which, with their petition on the files of the Senate, was referred to the Committee on Revolutionary Claims.

Mr. Downs presented the memorial of E. L. Blackburn, late the widow of Felix Bosworth, deceased, a paymaster in the army, praying that the estate of her late husband may be released from liability for certain public money stolen from his trunk, after his decease, during its transmission to his residence; which was referred to the Committee on the Judiciary.

Mr. Butler presented a memorial of the heirs and legal representatives of merchants and underwriters of Charleston, South Carolina, praying indemnity for French spoliations.

Ordered , That it be referred to the select committee on the subject.

Mr. Felch presented a memorial of citizens of Michigan, praying the establishment of an additional land office in that State; which was referred to the Committee on Public Lands.

Mr. Butler presented the memorial of the Charleston Chamber of Commerce, praying that the rates of postage may be reduced, and the franking privilege abolished; which was referred to the Committee on the Post Office and Post Roads.

Mr. Webster presented a petition of manufacturers of shoe lasts in the city of Boston, Massachusetts, praying additional remedies for the protection of American inventors.

Ordered , That it lie on the table.

Mr. Cooper presented the petition of Lucius B. Allyn, a clerk in the bureau of provisions and clothing in the Navy Department, praying additional compensation; which was referred to the Committee on Finance.

Mr. Cass presented fifty-three petitions of citizens of Philadelphia and other portions of the State of Pennsylvania, praying that the spirit ration of the navy may be abolished; which were referred to the Committee on Naval Affairs.

Mr. Baldwin presented the memorial of the heirs of Stephen Griffith, deceased, and others; the memorial of the heir of Lemuel Stone deceased; and the memorial of the New Haven Insurance Company, and others, praying indemnity for French spoliations.

Ordered , That they be referred to the select committee on the subject.

Mr. Baldwin presented a petition of citizens of Plymouth, Connecticut, praying, the adoption of measures for the amicable adjustment of international difficulties; which was referred to the Committee on Foreign Relations.

Mr. Baldwin presented a petition of citizens of Connecticut interested in the patent-right of Thomas Blanchard, praying additional remedies for their protection from infringements upon the same.

Ordered , That it lie on the table.

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Mr. Baldwin submitted additional documents relating to the petition of Ann Dodd; which were referred to the Committee on Pensions.

Mr. Pratt presented the memorial of the Maryland Insurance and Baltimore Insurance Companies; the memorial of the representative of William L. Sountag and Company; the memorial of the heirs of Thomas Rutter, deceased; and the memorial of the heirs of David Wilson, deceased, praying indemnity for French spoliations.

Ordered , That they be referred to the select committee on the subject.

Mr. Pratt presented a petition of citizens of Allegany county, Maryland, praying a reduction of the rates of postage; which was referred to the Committee on the Post Office and Post Roads.

Mr. Cass presented a memorial of citizens of Maryland, praying that, in the event of a grant of lands being made to the Hungarian exiles, they may be allowed to participate in the benefits thereof; which was referred to the Committee on Foreign Relations.

Mr. Cass presented the petition of Nathaniel. Champ, praying the renewal of a military bounty-land warrant issued for the revolutionary services of John Champ, deceased; which was referred to the Committee on Public Lands.

Mr. Cass presented a petition of citizens of Washington county, Pennsylvania, praying that Elizabeth Porter, widow of a deceased soldier, may be allowed a pension; which was referred to the Committee on Pensions.

Mr. Cass presented the petition of Stanton Sholy, praying compensation for properly taken by the enemy during the last war with Great Britain; which was referred to the Committee of Claims.

Mr. Cass presented a petition of the professors, teachers, and pupils of the Brooklyn female academy in New York, praying a reduction of the rates of postage; which was referred to the Committee on the Post Office and Post Roads.

Mr. King presented two memorials of citizens of Alabama, praying that the office of chaplain in the public service may be abolished.

Ordered , That they lie on the table.

Mr. Rusk presented the memorial of the officers of the navy of the late republic of Texas, praying to be admitted into the navy of the United States; which was referred to the Committee on Naval Affairs.

Mr. Underwood presented a memorial of officers and soldiers in the last war with Great Britain, praying to be allowed bounty lands; which was referred to the Committee on Military Affairs.

Mr. Clay presented a petition of citizens of Lexington, Kentucky, praying that Columbus, in that State, may be made the eastern terminus of the proposed railroad to the Pacific ocean; which was referred to the Committee on Roads and Canals.

Mr. Pearce presented the memorial of the heirs-at-law of Alexander Mactier, deceased, praying indemnity for French spoliations.

Ordered , That it be referred to the select committee on the subject.

Mr. Pearce presented the petition of James Wilson, surviving partner of William Wilson and Sons, and the petition of Benjamin M. Hodges, surviving partner of Hodges and Lansdale, praying compensation for tobacco destroyed by the enemy in the year 1814; which were referred to the Committee of Claims.

Mr. Yulee presented the petition of James A. Goff, praying compensation 8 0114 114 for horses impressed into public service in the Seminole war; which was referred to the Committee of Claims.

Mr. Yulee submitted an additional document relating to the petition of Robert Butler; which was referred to the Committee on Public Lands.

Mr. Bradbury presented the memorial of Moses Carlton, praying indemnity for French spoliations.

Ordered , That it be referred to the select committee on the subject.

Mr. Bradbury presented the petition of Sarah Ladd, mother of James M. Ladd, deceased, late an officer in the navy, praying to be allowed a pension; which was referred to the Committee on Pensions.

Mr. Bradbury presented five petitions of citizens of Bath, Maine, praying that the spirit ration of the navy may be abolished; which were referred to the Committee on Naval Affairs.

Mr. Berrien presented the petition of Lewis Ralston, head of a Cherokee family, praying to be remunerated for the loss of his improvements of which he was dispossessed, contrary to the provisions of the treaty of 1835–'6; which was referred to the Committee on Indian Affairs.

On motion by Mr. Shields,

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

On motion by Mr. Atchison,

Ordered , That the petition of John H. Eaton, on the files of the Senate, be referred to the Committee of Claims.

On motion by Mr. Hamlin,

Ordered , That the petition of Abraham Cousens and the other heirs of Robert Libby, on the files of the Senate, be referred to the Committee on Pensions.

On motion by Mr. Baldwin,

Ordered , That the petition of Oliver Tucker, on the files of the Senate, be referred to the Committee on Pensions.

On motion by Mr. Hunter,

Ordered , That the Committee on Naval Affairs be discharged from the further consideration of the petition of the President and Directors of the Tredegar Iron Company, of Richmond, Virginia, and that it be referred to the Committee of Claims.

Mr. Walker submitted the following resolution for consideration:

Resolved , That the Secretary of War be directed, if in his power, to communicate to the Senate a statement showing the extant and value of the commerce on the lakes Ontario, Erie, Huron, Michigan, and Superior; exhibiting the amount of tonnage of American vessels, whether propelled by wind or steam, engaged in this commerce; the aggregate cost of such vessels, the number of mariners employed on board, and the annual expense of manning and working the vessels; with the number of passengers transported therein, and the annual value of that branch of trade; also such information in regard to the tonnage, &c., of the British shipping on these several lakes, as may be in possession of the department under his charge.

Mr. Foote submitted the following resolution for consideration:

Resolved , That, in the judgment of the Senate, it is expedient to reestablish diplomatic relations with the government of the Germanic Confederacy.

Mr. Dodge, of Wisconsin, submitted the following resolution for consideration:

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Resolved , That the Secretary of the Interior be directed to communicate to the Senate a statement, showing the number of acres of land within the present area of the Milwaukie land district, the number of acres sold, and the quantity remaining unsold; as also a statement of the amount received for the sale of public lands situated within the present limits of said district, discriminating between the amount paid for such lands into the office at Green Bay, and that paid at Milwaukie since the establishment of the land office at the latter place.

On motion by Mr. Hamlin,

Ordered , That so much of the message of the President of the United States as relates to the commerce of the United States, and to internal improvements, be referred to the Committee on Commerce.

The Vice President laid before the Senate the following reports:

1. Report of the Secretary of War, made in compliance with a resolution of the Senate, accompanied by copies of reports, plans, and estimates for improving the entrances from Lake Michigan into Maskegon lake, Black river, and Grand river.

2. Report of the Secretary of War, made in compliance with a resolution of the Senate, accompanied by a copy of the survey and examination of the river Savannah.

The reports were read, and ordered to be printed.

Mr. Borland, from the Committee on Public Lands, to whom was referred a bill (S. 3) to grant to the State of Arkansas the public lands remaining unsold on account of overflow in that State reported it with an amendment, and submitted a report on the subject; which was ordered to be printed.

Mr. Borland, from the Committee on Public Lands, to whom was referred a bill (S. 12) allowing exchanges of, and granting additional school lands in the State of Arkansas, reported it with amendments, and submitted a report on the subject; which was ordered to be printed.

Mr. Davis, of Massachusetts, from the Select Committee on the Census, reported a bill (S. 76) providing for taking the seventh census of the United States; which was read, and passed to the second reading.

The said bill was read the second time, by unanimous consent, and considered as in Committee of the Whole.

Ordered , That the further consideration of the bill be postponed to Thursday next, and be the special order of the day.

Mr. Baldwin, from the Committee of Claims, to whom was referred the petition of Allen G. Johnson submitted a report, accompanied by a bill (S. 77) for his relief.

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

Ordered , That the report be printed.

Mr. Norris, from the Committee of Claims, to whom was referred the petition of Brevet Major H. L. Kendrick, 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. Downs, from the Committee on Private Land Claims, to whom was referred the petition of George W. Jones, reported a bill (S. 79) for the relief of the legal representatives of John Rice Jones, deceased; which was read, and passed to the second reading.

Mr. Davis, of Mississippi, from the Committee on Military Affairs, who 0116 116 were instructed to inquire into the expediency of making an appropriation for the erection of a fortification on Dauphin island, submitted a report, accompanied by a bill (S. 80) to provide for the fortification of Ship island, off the coast of Mississippi.

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

Ordered , That the report be printed.

Mr. Yulee, from the Committee on Naval Affairs, to whom was referred the petition of Joshua Follansbee and B. F. Isherwood, reported a bill (S. 81) to amend an act regulating the appointment and pay of engineers in the navy of the United States; which was read, and passed to the second reading.

Mr. Yulee from the Committee on Naval Affairs, to whom was referred the memorial of George Hervey, submitted an adverse report; which was ordered to be printed.

Mr. King, from the Committee on Foreign Relations, to whom was referred the bill (S. 46) for the relief of Conrad W. Faber, Leopold Bierwirth, and Theodore Victor, reported it without amendment.

Mr. Atchison, from the Committee on Indian Affairs, submitted a report, accompanied by a bill (S. 82) for the relief of Lewis A. Thomas and Thomas Rogers; the bill was read, and passed to the second reading.

Ordered , That the report be printed.

Mr. Foote, agreeably to notice; asked and obtained leave to bring in a bill (S. 83) for the relief of Margaret E. Carnes, widow of Peter Carnes, deceased; which was read the first and second times, by unanimous consent; and referred to the Committee on Pensions.

Mr. Foote, agreeably to notice, asked and obtained leave to bring in a bill (S. 84) to grant to the States of Alabama and Mississippi, respectively, a donation of public lands, to aid in the construction of a railroad from Mobile to the mouth of the Ohio river; which was read the first and second times, by unanimous consent, referred to the Committee on Public Lands, and ordered to be printed.

Agreeably to notice, Mr. Walker asked and obtained leave to bring in a bill (S. 85) to cede the public lands of the United States to the States, respectively, in which they are situated, on condition that the said States shall severally grant and convey the said lands to actual occupants only, in limited quantities, for cost of survey, transfer and title muniments, merely; which was read the first and second times, by unanimous consent, referred to the Committee on Public Lands, and ordered to be printed.

The Senate proceeded to consider the resolution submitted by Mr. Douglas, the 15th January, requesting copies of instructions and correspondence on the subject of the Mosquito kingdom and the right of way from the Atlantic to the Pacific through Lake Nicaragua; and the resolution was agreed to.

The following message was received from the President of the United States, by Colonel Bliss, his secretary:

To the Senate of the United States:

I transmit, herewith, the annual report of the director of the mint, at Philadelphia, showing the operations of the mint and its branches for the year 1849.

Z. TAYLOR.

Washington , January 28, 1850.

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The message was read.

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

The Senate resumed, as in Committee of the Whole, the consideration of the bill (S. 23) to provide for the more effectual execution of the third clause of the second section of the fourth article of the constitution of the United States; and, after debate,

On motion by Mr. Dayton,

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

After the consideration of Executive business,

The Senate adjourned.

TUESDAY, January 29, 1850. Link to Annals.

Mr. Dickinson presented a petition of citizen of Binghampton, New York, praying a reduction of the rates of postage; which was referred to the Committee on the Post Office and Post Roads.

Mr. Dickinson presented a petition of W. C. Bryant and others, citizens of New York, praying a suspension of the diplomatic intercourse between the United States and the Austrian government; which was referred to the Committee on Foreign Relations.

Mr. Walker presented the petition of A. W. Starks, praying compensation for his services in carrying the mail; which was referred to me Committee on the Post Office and Post Roads.

Mr. Turney submitted documents relating to the claim of Anthony Rankin to the reimbursement of money paid for medical attendance during an illness contracted while an ensign in the army of the United States previous to his discharge; which were referred to the Committee of Claims.

Mr. Seward submitted a document relating to the claim of William Blake for a pension; which was referred to the Committee on Pensions.

Mr. Sturgeon presented a memorial of the national school convention held in Philadelphia, praying the establishment of a bureau of public education; which was referred to the Committee on the Library.

Mr. Soulé presented a memorial of the board of health of the city of New Orleans, and the board of administrators of the charity hospital of the State of Louisiana praying the enactment of a law imposing a tax upon alien passengers arriving in the ports of the United States; which was referred to the Committee on the Judiciary.

Mr. Hamlin submitted an additional document relating to the petition of Peter Grover; which was referred to the Committee on Pensions.

Mr. Butler presented a memorial of the Charleston Chamber of Commerce, praying that certain warehouse expenses heretofore borne by the government may not be imposed on the importer; which was referred to the Committee on Commerce.

Mr. Dodge, of Iowa, presented a memorial of citizens of Kanesville, Iowa, praying a grant to that town of the lands on which it is located; which was referred to the Committee on Public Lands.

On motion by Mr. Pearce,

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

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

Resolved , That the Secretary of the Senate report the circumstances which have delayed the delivery to members of the Senate of the estimates of appropriations, as required by the joint resolution of January 7, 1846.

Mr. Clay submitted the following resolutions for consideration:

It being desirable, for the peace, concord, and harmony of the Union of these States, to settle and adjust amicably all existing questions of controversy between them arising out of the institution of slavery upon a fair, equitable, and just basis: therefore,

1. Resolved , That California, with suitable boundaries, ought, upon her application, to be admitted as one of the States of this Union, without the imposition by Congress of any restriction in respect to the exclusion or introduction of slavery within those boundaries.

2. Resolved , That as slavery does not exist by law, and is not likely to be introduced into any of the territory acquired by the United States from the republic of Mexico, it is inexpedient for Congress to provide by law either for its introduction into, or exclusion from, any part of the said territory; and that appropriate territorial governments ought to be established by Congress in all of the said territory, not assigned as the boundaries of the proposed State of California, without the adoption of any restriction or condition on the subject of slavery.

3. Resolved , That the western boundary of the State of Texas ought to be fixed on the Rio del Norte, commencing one marine league from its mouth, and running up that river to the southern line of New Mexico; thence with that line eastwardly, and so continuing in the same direction to the line as established between the United States and Spain, excluding any portion of New Mexico, whether lying on the east or west of that river.

4. Resolved , That it be proposed to the State of Texas, that the United States will provide for the payment of all that portion of the legitimate and bona fide public debt of that State contracted prior to its annexation to the United States, and for which the duties on foreign imports were pledged by the said State to its creditors, not exceeding the sum of — dollars, in consideration of the said duties so pledged having been no longer applicable to that object after the said annexation, but having thenceforward become payable to the United States; and upon the condition, also, that the said State of Texas shall, by stone solemn and authentic act of her legislature or of a convention, relinquish to the United States any claim which it has to any part of New Mexico.

5. Resolved , That it is inexpedient to abolish slavery in the District of Columbia whilst that institution continues to exist in the State of Maryland, without the consent of that State, without the consent of the people of the District, and without just compensation to the owners of slaves within the District.

6. But, resolved , That it is expedient to prohibit, within the District, the slave trade in slaves brought into it from States or places beyond the limits of the District, either to be sold therein as merchandise, or to be transported to other markets without the District of Columbia.

7. Resolved , That more effectual provision ought to be made by law, according to the requirement of the constitution, for the restitution and delivery of persons bound to service or labor in any State, who may escape into any other State or Territory in the Union. And,

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8. Resolved , That Congress has no power to prohibit or obstruct the trade in slaves between the slaveholding States; but that the admission or exclusion of slaves brought from one into another of them, depends exclusively upon their own particular laws.

The resolutions were read.

Ordered , That the further consideration thereof be postponed to Tuesday next; and that they be the special order of the day, and printed.

Mr. Underwood submitted the following resolution for consideration:

Resolved , That while the people of the United States sympathise with popular movements to reform political institutions inconsistent with the enlightened opinions of the present age, and would rejoice to see all the nations of the earth adopt the American principle of representative self-government, under written constitutional limitations, they disclaim any right to intermeddle with the domestic policy of other nations, and repudiate all attempts to control the action of foreign, governments in respect to their internal affairs or civil dissentions and wars, just as they would resist any interference from abroad with their own.

The Vice President laid before the Senate a report of the Secretary of the Interior, accompanied by a report of the Commissioner of Pensions, showing the rejected applications for pensions, and the reasons for rejection; which was read, and ordered to be printed.

Mr. Seward, agreeably to notice, asked and obtained leave to bring in a bill (S. 86) granting land to the refugees who took part in support of the struggles for liberty and independence in Hungary and other European countries; which was read, and passed to the second reading.

The said bill was read the second time, by unanimous consent, and considered as in Committee of the Whole; and,

On motion by Mr. Seward,

Ordered , That it lie on the table.

A motion having been made by Mr. Seward that the said bill be printed,

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

Mr. Dickinson, from the Committee on Finance, to whom was referred the memorial of Henry Simpson, reported a resolution “that the prayer of the memorialist ought not to be granted;” and

The resolution was agreed to.

On motion by Mr. Dickinson,

Ordered , That the Committee on Finance be discharged from the further consideration of resolutions of the Common Council of the city of New York on the subject of a branch mint; and that the memorial lie on the table.

On motion by Mr. Dickinson,

Ordered , That the Committee on Finance be discharged from the further consideration of the petition of James Cunningham.

Mr. King, from the Committee on Foreign Relations, to whom was referred the petition of Abigail Shaler Stilwell, legal representative of William Shaler, submitted an adverse report; which was ordered to be printed.

Mr. King, from the Committee on Foreign Relations, to whom was referred the message of the President of the United States, with a copy of the convention with Brazil, reported, a bill (S. 87) to carry into effect the convention between the United States and the Emperor of Brazil, of the 27th day of January, in the year 1849; which was read, and passed to the second reading.

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Mr. Underwood, from the Committee of Claims, to whom was referred the petition of James Robertson, submitted a report; which was ordered to be printed.

Mr. Walker, agreeably to notice, asked and obtained leave to bring in a bill (S. 88) for establishing a port of entry at Milwaukie Wisconsin; which was read the first and second times, by unanimous consent, and referred to the Committee on Commerce, together with the accompanying document.

The Senate proceeded to consider the resolution submitted by Mr. Seward the 24th instant, in relation to the claim of John Hogan; and,

On motion by Mr. Seward,

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

The bill (S. 1) to provide for the adjustment and payment of expenses incurred, and obligations contracted, by the State of Florida in providing for the safety of the people of that State during the recent insurrection of the Seminole Indians, 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 Senate resumed the consideration of the report of the Committee on Printing, to whom was referred the motion to print an additional number of the report of the Commissioner of Patents; and,

On motion by Mr. Borland,

Ordered , That fifteen thousand copies, in addition to the usual number, be printed for the use of the Senate.

On motion,

The Senate adjourned.

WEDNESDAY, January 30, 1850. Link to Annals.

The Vice President laid before the Senate a report of the Secretary of the Senate, made in pursuance of a resolution of the Senate of the 29th instant, relating to copies of the estimates of appropriations required by the joint resolution of the 7th January, 1846.

Ordered , That it lie on the table.

Mr. Dickinson presented the petition of Evans & Churchman and Joseph R. Evans, merchants in Philadelphia, praying that certain duties illegally exacted of them may be refunded; which was referred to the Committee on Commerce.

Mr. Dickinson presented the petition of Gibsons and Company, Gibson and Bell, and John Gibson and Company, importers, praying that certain duties illegally exacted of them may be refunded; which was referred to the Committee on Commerce.

Mr. Dickinson presented a petition of citizens of New York, praying the enactment of a law requiring accounts to be Kept conformably to the national currency, and to regulate the value of certain foreign coin circulating in the United States; which was referred to the Committee on the Judiciary.

Mr. Phelps presented the memorial of Sylvester Churchill, praying to be allowed certain arrearages of pay due him as an inspector general of the army; which was referred to the Committee on Military Affairs.

Mr. Seward presented two petitions of citizens of Auburn, New York, 0121 121 praying a reduction of the rates of postage; which were referred to the Committee on the Post Office and Post Roads.

Mr. Hamlin presented a petition of citizens of Hampden, Maine, praying a reduction of the rates of postage; which was referred to the Committee on the Post Office and Post Roads.

Mr. Miller presented the memorial of William A. Duer, administrator of William Duer, deceased, praying the payment of a balance standing to the credit of the said William Duer on the books of the treasury; which was referred to the Committee of Claims.

Mr. Smith presented the memorial of the heirs of Stephen Griffith, ceased, praying indemnity for French spoliations.

Ordered , That it be referred to the select committee on the subject.

On motion by Mr. Cass,

Ordered , That the report of the Secretary of War, of the 28th January, 1850, communicating plans and estimates for improving Black and Grand rivers, and the entrance from Lake Michigan into Muskegon lake, be referred to the Committee on Commerce.

Mr. Butler presented the memorial of the heirs of Benjamin Nones, deceased, praying indemnity for French Spoliations.

Ordered , That it be referred to the select committee on the subject.

On motion by Mr. Felch,

Ordered , That the memorial of Orville B. Dibble and George C. Bates, on the files of the Senate, be referred to the Committee on Public Lands.

Mr. Felch submitted the following resolution for consideration:

Resolved , That the Committee on Public Lands be instructed to inquire into the expediency of causing to be prepared and printed a collection of the official instructions of a general character which have been issued from time to time relative to the disposal and sale of the public lands, together with the official opinions of the Attorney General on questions arising under the land laws; and a compilation of the Spanish laws and regulations for the sale and donation of land, so far as the same apply to territory now owned by the United States.

Mr. Houston submitted the following resolution; which was read, and ordered to be printed:

Resolved , That the Committee on Public Lands be instructed to inquire into the expediency of granting to each family, (not landholders, or the owners of property worth the sum of fifteen hundred dollars,) citizens of the United States, or emigrants who are now here, or may arrive previous to the 4th of March next, one hundred and sixty acres of land; and when said families shall have resided upon the said land so granted three years continuously, and shall erect buildings and clear ten acres of ground thereon, a patent shall be issued by the government of the United States, free from all cost to the grantee.

Mr. Benton submitted documents relative to the expediency of conforming, by law, the rules of practice in the United States courts in Missouri to those which govern the State courts; which were referred to the Committee on the Judiciary.

Mr. Borland submitted the following resolution for consideration:

Resolved , That the Secretary of the Senate be, and he is hereby, directed to purchase for the use of the Senate — copies of Professor Walter R. Johnson's recent work, entitled “The Coal Trade of British America, with Researches on the Characters and Practical Values of American 0122 122 and Foreign Coals,” provided that the cost of said work shall not exceed — a copy.

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

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

On motion by Mr. Hamlin,

Ordered , That the Committee on Commerce be discharged from the further consideration of the petition of M. M. Quackenbos and others, and that it be referred to the Committee on the Judiciary.

Mr. Upham, from the Committee on the Post Office and Post Roads, to whom was referred the petition of Ira Day, submitted a report, accompanied by a bill (S. 89) for his relief.

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

Ordered , That the report be printed.

Mr. Bell, from the Committee on Indian Affairs, reported a bill (S. 90) authorizing the negotiation of treaties with the Indian tribes in the Territory of Oregon, for the extinguishment of their claims to lands lying west of the Cascade mountains, and for other purposes; which was read, and passed to the second reading.

On motion by Mr. Butler,

Ordered , That the Committee on the Judiciary be discharged from the further consideration of the bill (S. 54) proposing to the State of Texas the reduction of her boundaries, the cession of her exterior territory, and the relinquishment of all her claims upon the United States, for a consideration to be paid her by the United States, and that it be referred to the Committee on Territories.

Mr. Jones, from the Committee on Pensions, to whom was referred the petition of Newton Lane, reported a resolution (S. R. 4) directing the accounting officers of the treasury to adjust the account of Newton Lane, late pension agent at Louisville, Kentucky; which was read, and passed to the second reading.

The said resolution was read the second time, by unanimous consent, and considered as in Committee of the Whole; and no amendment being made, it was reported to the Senate.

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

The resolution was read a third time, by unanimous consent.

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 Senate proceeded to consider the resolution submitted by Mr. Houston, the 14th instant, in relation to the power of the general government and the rights of the people of the Territories; and,

On motion by Mr. Houston,

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

On motion by Mr. Downs,

Ordered , That five thousand additional copies be printed of the message and accompanying documents in relation to the abduction of Rey, alias Garcia, from New Orleans.

Mr. Borland, from the Committee on Printing, to whom the following subjects were referred:

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Report of the Secretary of the Interior on rejected pensions, made the 29th instant;

Documents submitted by Mr. Seward, the 28th instant, on the comparative expense of collecting the revenue in New York;

Memorial of the Chamber of Commerce of New York, on the establishment at New York of a branch mint;

A bill (No. 86) granting land to the refugees who took part in support of the struggles for liberty and independence in Hungary and other European countries;

reported in favor of printing the same; and,

Ordered , That the said report, documents, memorial, and bill, be printed.

Mr. Borland, from the Committee on Printing, to whom was referred the motion to print the memorial of Thomas Crawford, reported against printing the same; and

The report was concurred in.

Mr. Borland, from the Committee on Printing, reported a joint resolution (S. R. 5) for binding the public documents; which was read, and passed to the second reading.

The said resolution was read the second time, by unanimous consent, and considered as in Committee of the Whole; and no amendment being made, it was reported to the Senate.

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

The said resolution was read a third time, by unanimous consent.

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

After the consideration of Executive business,

The Senate adjourned.

THURSDAY, January 31, 1850. Link to Annals.

Mr. Pearce presented a petition of citizens of Frostburg, Maryland, praying a reduction of the rates of postage; which was referred to the Committee on the Post Office and Post Roads.

Mr. Clarke presented two petitions of citizens of Rhode Island, praying a reduction of the rates of postage; which were referred to the Committee on the Post Office and Post Roads.

Mr. Dawson presented the petition of F. W. Jobson, praying compensation for his services in carrying the mail; which was referred to the Committee on the Post Office and Post Roads.

Mr. Jones presented a petition of citizens of Iowa, praying the establishment of a mail route from Bloomington, in that State, to Prairie du Chien, in Wisconsin; also, a petition of citizens of Iowa, praying the establishment of a mail route from Sabula to Cascade, in that State; which were referred to the Committee on the Post Office and Post Roads.

Mr. Borland presented a petition of citizens of Arkansas, praying the establishment of a mail route from Rock Port to Murfreesborough, in that State; which was referred to the Committee on the Post Office and Post Roads.

Mr. Douglas presented a petition of citizens of the United States residing in the valley of the northwestern lakes, praying the adoption of 0124 124 measures for acquiring the right to the navigation of the river St. Lawrence; which was referred to the Committee on Commerce.

On motion by Mr. Pearce,

Ordered , That the memorial of the heirs of Caleb Swann, on the files of the Senate, be referred to the Committee of Claims.

On motion by Mr. Yulee,

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

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

Resolved , That the Postmaster General be directed to inform the Senate what length of time was occupied in the transportation of the mail between New York and New Orleans on each trip, either way, during the year 1849; and how many failures on the said route occurred during the said year.

Mr. Douglas submitted the following resolution for consideration:

Resolved , That the Committee on Military Affairs be instructed to inquire into the expediency of providing, on the usual emigrant line from the Missouri river to the south pass of the Rocky mountains, a sufficient movable military force to protect all emigrants to Oregon and California.

Mr. Baldwin submitted the following resolution for consideration:

Resolved , That the Committee on Commerce be instructed to inquire into the expediency of providing by law a salary for the collector of the customs for the port and district of Middletown, Connecticut.

On motion by Mr. Atchison,

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

The Vice President laid before the Senate a report of the Secretary of War, made agreeably to law, showing the names of the clerks and other persons employed in all the branches of the department, other than officers of the army, during the year 1849.

Mr. Felch, from the Committee on Public Lands, to whom was referred the bill (S. 40) for the relief of Joseph P. Williams, reported it with an amendment, and submitted a report on the subject; which was ordered to be printed.

Mr. Felch, from the Committee on Public Lands, to whom was referred the bill (S. 28) in relation to donations of land to certain persons in the State of Arkansas, reported it with an amendment.

Mr. Felch, from the Committee on Public Lands, to whom was referred the memorial of Charles Byrne, submitted an adverse report; which was ordered to be printed.

On motion by Mr. Felch,

Ordered , That the Committee on Public Lands be discharged from the further consideration of the memorials of the late and present officers of land offices, referred to the committee subsequently to the 6th January.

On motion by Mr. Dodge, of Wisconsin,

Ordered , That the Committee on Commerce be discharged from the further consideration of resolutions of the legislature of Michigan, presented the 27th December, on the subject of a ship canal around the falls of Niagara.

Mr. Rusk, from the Committee on the Post Office and Post Roads, to whom was referred the petition of Nathaniel Kuykendall, reported a bill (S. 91) for his relief; which was read, and passed to the second reading.

0125 125

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 bill was read a third time, by unanimous consent.

Resolved , That this bill pass, and that the title thereof be “An act for the relief of Nathaniel Kuykendall.”

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

The following message was received from the President of the United States, by Colonel Bliss, his secretary:

To the Senate of the United States :

In reply to the resolution of the Senate of the 7th instant, requesting of me all the official correspondence, since the 4th of March last, between this government and its military authorities at Santa Fe, or with the authorities of the State of Texas, relating to the boundary or occupation of Texas, and the reasons why the judicial authority of Texas has not been recognised by the military authority at Santa Fe, I herewith submit the accompanying reports, which contain the information called for by the resolution.

I have not been informed of any acts of interference by the military forces stationed at Santa Fe with the judicial authority of Texas, established or sought to be established there. I have received no communication from the governor of Texas on any of the matters referred to in the resolution; and I concur in the opinion expressed by my predecessor, in the letter addressed by the late Secretary of State to the governor of Texas on the 12th day of February, 1847, that the boundary between the State of Texas and the Territory of New Mexico “is a subject which more properly belongs to the legislative than to the executive branch of the government.”

Z. TAYLOR.

Washington , January 30, 1850.

The message was read.

Ordered , That it be printed, with the accompanying documents.

The Senate proceeded to consider, as in Committee of the Whole, the bill (S. 18) to divide the district of Arkansas into two judicial districts; and,

On motion by Mr. Smith,

Ordered , That it lie on the table.

The Senate proceeded to consider, as in Committee of the Whole, the bill (S. 76) providing for the taking of the seventh census of the United States; and,

On motion by Mr. Davis, of Massachusetts,

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

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

Mr. President: I am directed to inform the Senate of the decease of the Hon. Rudolphus Dickinson, a member elect of the present Congress, and the proceedings of the House thereupon.

The Senate resumed the consideration of the resolution submitted by 0126 126 Mr. Cass, the 24th instant, in relation to the expediency of suspending diplomatic relations with Austria; and

After debate, and the consideration of Executive business,

The Senate adjourned.

MONDAY, February 4, 1850. Link to Annals.

Mr. Miller presented a memorial of citizens of New York, praying the establishment of an additional mail from New York to San Francisco; which was referred to the Committee on the Post Office and Post Roads.

Mr. Cass presented a petition of citizens of Easton, Pennsylvania, praying a reduction of the rates of postage; which was referred to the Committee on the Post Office and Post Roads.

Mr. Dickinson presented the memorial of Margaret Hetzel, widow of A. R. Hetzel, deceased, late an assistant quartermaster in the army, praying to be allowed a commission on the disbursement by her late husband of the appropriation for the removal of the Cherokee Indians; which was referred to the Committee on Military Affairs.

Mr. Dickinson presented a petition of citizens of Rochester, New York, praying that the rates of postage may be reduced and the franking privilege abolished; also, a petition of citizens of New York, praying a reduction of the rates of postage; which were referred to the Committee on the Post Office and Post Roads.

Mr. Berrien presented a petition of citizens of Georgia, praying a reduction of the rates of postage; which was referred to the Committee on the Post Office and Post Roads.

Mr. Cass presented a petition of citizens of Pontiac, Michigan, praying the adoption of measures for the amicable adjustment of international difficulties; which was referred to the Committee on Foreign Relations.

Mr. Cooper presented the petition of Charles F. Sibbald, praying indemnity for losses sustained in consequence of the illegal and forcible entry and detainer of his property by agents acting under the authority of the United States; which was referred to the Committee on the Judiciary.

Mr. Cooper presented ten petitions of citizens of Philadelphia, Pennsylvania, praying that corporal punishment in the navy may be abolished; forty-nine petitions of citizens of Philadelphia, praying that corporal punishment in the army and navy may be abolished; and a petition of citizens of Philadelphia, praying that the spirit ration in the navy may be abolished.

Ordered , That they be referred to the Committee on Naval Affairs.

Mr. Cooper presented a petition of citizens of Clarion county, Pennsylvania, praying the repeal or modification of the tariff of 1846; which was referred to the Committee on Finance.

Mr. Seward presented a petition of citizens of Seneca county, New York, praying a reduction of the rates of postage; which was referred to the Committee on the Post Office and Post Roads.

Mr. Davis, of Massachusetts, presented a petition of citizens of Boston, Massachusetts, praying a reduction of the rates of postage; which was referred to the Committee on the Post Office and Post Roads.

Mr. Davis of Massachusetts, presented the memorial of Josiah Sturgis, an officer in the revenue cutter service, praying that the benefits of the 0127 127 naval pension laws may be extended to the officers and seamen engaged in that service; which was referred to the Committee on Naval Affairs.

Mr. Atchison submitted documents relating to the claims of H. J. McClintock, Harrison Gill, and Mansfield Carter, to compensation for services rendered at the Great Nemahaw sub-agency for the Sac and Fox Indians; which were referred to the Committee on Indian Affairs.

Mr. Baldwin presented a petition of citizens of Waterbury, Connecticut, praying a reduction of the rates of postage; which was referred to the Committee on the Post Office and Post Roads.

Mr. Clemens presented a petition of the late and present registers and receivers of the land office at Lebanon, Alabama, praying to be allowed commissions on entries of lands under bounty-land warrants; which was referred to the Committee on Public Lands.

Mr. Clarke presented a petition of citizens of Providence, Rhode Island, praying a reduction of the rates of postage; which was referred to the Committee on the Post Office and Post Roads.

Mr. Corwin presented a petition of citizens of Ohio, praying a reduction of the rates of postage; which Was referred to the Committee on the Post Office and Post Roads.

Mr. Corwin presented the petition of C. W. Fitch, praying indemnity for French spoliations.

Ordered , That it be referred to the select committee on the subject.

Mr. Corwin presented the petition of George C. Johnston, a licensed Indian trader, praying the payment of a debt due him by the Shawnee Indians; which was referred to the Committee on Indian Affairs.

Mr. Douglas presented a petition of citizens of the United States residing in the valley of the northwestern lakes, praying the adoption of measures for acquiring the right to the navigation of the river St. Lawrence; which was referred to the Committee on Commerce.

Mr. King presented the petition of the heir of Richard Barney, deceased, praying indemnity for French spoliations.

Ordered , That it be referred to the select committee on the subject.

Mr. Underwood presented a memorial adopted at a meeting of officers and soldiers in the last war with Great Britain, held at Richmond, Kentucky, praying that the officers, non-commissioned officers, soldiers, and volunteers who served in that war may be allowed bounty lands; which was referred to the Committee on Military Affairs.

On motion by Mr. Seward,

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. Seward,

Ordered , That the petition of Hector St. John Beetley and the petition of Elijah Buchanan, on the files of the Senate, be referred to the Committee on Pensions.

On motion by Mr. Downs,

Ordered , That the petition of Caleb Green, on the files of the Senate, be referred to the Committee of Claims.

On motion by Mr. Yulee,

Ordered , That the petition of Obed Hussey, on the files of the Senate, be referred to the Committee on Patents and the Patent Office

On motion by Mr. Yulee,

0128 128

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

On motion by Mr. Seward,

Ordered , What Richard M. Livingston, heir of James Livingston, deceased, have leave to withdraw his petition.

Mr. Dodge, of Wisconsin, submitted the following resolution for consideration:

Resolved , That the Secretary of the Treasury be directed to communicate to the Senate a statement of the amount of public money expended for the construction of harbors, the opening of roads, the building of lighthouses and pier lights, or for other purposes, within the present limits of the Milwaukie land district; designating each object of expenditure, its locality, purpose, &c.

Mr. Dodge, of Wisconsin, submitted the following resolution for consideration:

Resolved , That the Secretary of War be requested to communicate to the Senate copies of a report of the survey and soundings of the harbor Racine, in the State of Wisconsin, made by Lieutenant Webster, during the past summer, with the accompanying map and papers; as also, with any additional and correct information of the commerce of the lakes that may be in possession of the chief of the Bureau of Topographical Engineers.

Mr. Yulee submitted the following resolution for consideration:

Resolved , That the Committee on Public Lands inquire into the propriety of providing a compensation to the registers and receivers in the Newnansville and St. Augustine land districts, for their services under the act to provide for the armed occupation of the peninsula of Florida.

Mr. Yulee submitted the following resolution for consideration:

Resolved , That the Committee on Naval Affairs be instructed to inquire into the expediency of providing a suitable depot at Key West for supplies and fuel for the use of the navy.

Mr. Clemens submitted the following resolution for consideration:

Resolved , That the Committee on Military Affairs be instructed to inquire into the expediency of establishing a national foundry in the State of Alabama.

Mr. Dodge, of Iowa, submitted the following resolution for consideration:

Resolved , That the Committee on Territories be instructed to inquire into the expediency of making an appropriation for a geological survey of Oregon Territory.

Mr. Corwin submitted the following resolution for consideration:

Resolved , That the Committee on Indian Affairs be instructed to inquire into the justice and propriety of providing by law for the payment to the Winnebago Indians of the sum of twelve thousand dollars, with interest from March, 1843, alleged to have been paid wrongfully to the heirs of James McFarlane.

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

Resolved , That the Secretary of War cause to be laid before the Senate the report made to General Persifor F. Smith by M. L. Smith, of topographical engineers, upon the improvement and drainage of the city and valley of Mexico.

0129 129

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

Mr. President: The House of Representatives have passed a resolution for the election, for the present session, of two chaplains of different denominations, one by each House, who shall interchange weekly, and have elected the Rev. Ralph R. Gurley, of the Presbyterian denomination, on their part.

Mr. Borland, from the Committee on Printing, reported in favor of printing the report of the Secretary of War, showing the persons employed in the bureaus of the department during the year 1849; and the report was concurred in.

Mr. Jones, from the Committee on Pensions, to whom was referred the petition of John Mitchell, submitted a report, accompanied by a bill (S. 92) for his relief.

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

Ordered , That the report be printed.

Mr. Jones, from the Committee on Pensions, to whom was referred the petition of Herbert H. Booley, submitted a report, accompanied by a bill (S. 93) for his relief.

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

Ordered , That the report be printed.

Mr. Jones, from the Committee on Pensions, to whom was referred the petition of Elizabeth Jones and other children of John Carr, submitted a report, accompanied by a bill (S. 94) for their relief.

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

Ordered , That the report be printed.

Mr. Jones, from the Committee on Pensions, to whom was referred the memorial of Thompson Hutchinson, submitted a report, accompanied by a bill (S. 95) for his relief.

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

Ordered , That the report be printed.

Mr. Hamlin, from the Committee on Commerce, to whom was referred the petition of John A. McGaw, of New York, submitted a report, accompanied by a bill (S. 96) for his relief.

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

Ordered , That the report be printed.

Mr. Norris, from the Committee of Claims, to whom were referred the documents relating to the claim of Dr. B. F. Muller, submitted an adverse report; which was ordered to be printed.

Mr. Norris, from the Committee of Claims to whom was referred the memorial of John Dawson, submitted an adverse report; which was ordered to be printed.

On motion by Mr. Felch,

Ordered , That the Committee on Public Lands be discharged from the further consideration of the memorial of officers and soldiers of the last war with Great Britain, and that it be referred to the Committee on Military Affairs.

On motion by Mr. King,

Ordered , That the Committee on Foreign Relations be discharged from the further consideration of the memorial of Alpheus Alga and others, and that it be referred to the Committee on Public Lands.

Mr. Felch, from the Committee on Public Lands, to whom was referred 9 0130 130 referred the memorial of Orville B. Dibble and George C. Bates, submitted a report, accompanied by a bill (S. 97) granting to the State of Michigan the right of way, and a donation of public land, for the construction of a ship-canal around the falls of St. Mary's, in said State.

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

Ordered , That the report be printed.

Mr. Felch, from the Committee on Public Lands, to whom was referred the petition of Robert Butler, submitted an adverse report; which was ordered to be printed.

Mr. Jones, from the Committee on Pensions, to whom was referred a memorial of Elizabeth Munroe, submitted a report, accompanied by a bill (S. 98) granting a pension to Elizabeth Munroe.

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

Ordered , That the report be printed.

Agreeably to notice, Mr. Rusk asked and obtained leave to bring in a bill (S. 99) for the relief of William L. Cazneau; which was read the first and second times, by unanimous consent, and referred to the Committee of Claims.

The bill (S. 75) to relinquish the reversionary interest of the United States to a certain reservation, in the State of Alabama, and to confirm the title of C. G. Gunter thereto, was read a third time.

On motion by Mr. Phelps,

Ordered , That it lie on the table.

On motion by Mr. Davis, of Massachusetts,

The Senate resumed, as in Committee of the Whole, the consideration of the bill (S. 76) providing for the taking of the seventh census of the United States; and

After debate,

The Senate adjourned.

TUESDAY, February 5, 1850. Link to Annals.

Mr. Seward presented three petitions of citizens of Rochester, New York, praying that the rates of postage may be reduced, and the franking privilege abolished; which were referred to the Committee on the Post Office and Post Roads.

Mr. Seward presented the memorial of Benjamin E. S. Ely, proposing for the consideration of Congress a plan for maintaining a military force in California; which was referred to the Committee on Military Affairs.

Mr. Dawson presented the memorial of the Central Bank of Georgia, assignee of Henry W. Jernigan, praying indemnity for Indian depredations during the Creek war; which was referred to the Committee on Indian Affairs.

Mr. Mason presented the petition of David Humphreys, a soldier in the last war with Great Britain, praying to be allowed a pension; which was referred to the Committee on Pensions.

Mr. Clemens presented the memorial of Richard North and Gaylord Griswold, praying indemnity for French spoliations.

Ordered , That it be referred to the select committee on the subject.

Mr. Cass presented a resolution passed by the legislature of the State of Michigan, requesting the senators and representatives of that State in Congress to use their efforts to procure a grant of land for the benefit of 0131 131 the State normal school of Michigan; which was referred to the Committee on Public Lands.

Mr. Felch presented the memorial of Ezra William,s praying compensation for services rendered as a clerk in the General Land Office; which was referred to the Committee of Claims.

Mr. Felch presented a petition of settlers on the reserved lands of the United States in the State of Michigan, praying that they may be allowed the right of pre-emption to said lands; which was referred to the Committee on Public Lands.

Mr. Hale presented a petition of citizens of Saybrook, Connecticut, praying the adoption of measures for the amicable adjustment of international controversies; which was referred to the Committee on Foreign Relations.

Mr. Cooper presented a petition of citizens of Schuylkill county, Pennsylvania, praying the imposition of a capitation tax on foreigners coming into the United States, and such specific impost duties as will protect the domestic industry of the United States against foreign competition; which was referred to the Committee on the Judiciary.

Mr. Bright submitted documents relating to the claim of Nancy A. Dewitte to the reissue of a military bounty-land warrant; which were referred to the Committee on Public Lands.

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

Resolved , That the Secretary of the Interior be directed to report to the Senate copies of the advertisements he has at any time issued, the proposals he has received, and the contracts he has entered into, for the printing for his department; together with the rates and prices of any printing which has been done, or arranged for, by his direction.

The Vice President laid before the Senate a report of the Secretary of War, made agreeably to law, accompanied by an abstract of the returns of the militia of all the States and Territories, with their arms, accoutrements, and ammunition, taken from the latest returns; which was read, and ordered to be printed.

Mr. Borland, from the Committee on Military Affairs, to whom was referred the bill (S. 25) to refund to the State of North Carolina the amount of money advanced, and transportation furnished, to volunteers from that State during the late war with Mexico, reported it without amendment.

The Senate proceeded to consider the said bill 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 was read a third time, by unanimous consent.

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. Rusk, from the Committee on Indian Affairs, to whom were referred the documents in relation to the claim of Joseph Watson, submitted a report, accompanied by bill (S. 100) for the relief of the representatives of Joseph Watson.

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

Ordered , That the report be printed.

Mr. Felch, from the Committee on Public Lands, to whom was referred the memorial of Hall J. Kelly, submitted an adverse report; which was ordered to be printed.

0132 132

Mr. Baldwin, from the Committee of Claims, to whom was referred the memorial of James Wilson, surviving partner of William Wilson and Sons, submitted an adverse report; which was ordered to be printed.

Mr. Baldwin, from the Committee of Claims, to whom was referred the memorial of John H. Eaton, submitted an adverse report; which was ordered to be printed.

Mr. Smith, from the select committee to whom were referred the memorials praying an indemnity for the injuries received by the spoliation of the French prior to the 31st of July, 1801, submitted a report, accompanied by a bill (S. 101) to provide for the ascertainment and satisfaction of claims of American citizens for spoliations committed by the French prior to the 31st day of July, 1801.

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

Ordered , That the report be printed.

Mr. Hunter presented the views of the minority of the said committee on the subject.

Ordered , That the same be printed.

The Senate resumed the consideration of the resolution submitted by Mr. Cass the 24th December, in relation to the expediency of suspending diplomatic relations with Austria.

An amendment proposed by Mr. Hale having been withdrawn; and the resolution having been modified, on motion by Mr. Foote, as follows:

Resolved , That the heroic struggles for freedom in Hungary are, in the judgment of the Senate, entitled to the warmest sympathy and respect of the American people and government, as well by reason of the virtues which they have exhibited, as the sufferings which they have been fated to endure.

Resolved , That the Committee on Foreign Relations be instructed to inquire into the expediency of suspending diplomatic relations with Austria.

Resolved , That it is expedient that a grant of public land should be made upon the most liberal terms to the Hungarian refugees now in this country, or who may arrive upon our shores within a limited period hereafter, upon the condition of their permanent settlement upon the same, and their eventual naturalization in conformity with existing laws:

The resolution having been further modified, on the motion of Mr. Soulé, by the insertion of the following resolution:

“ Resolved , That the same committee be further instructed to inquire into the expediency of requesting the President of the United States to intercede with the government of Turkey, either through a special minister of the United States, or through the present minister accredited to that court, for the liberation of Kossuth, and of such of his companions in misfortune as may now be under duress within the dominions of Turkey, with a tender to them of the United States as an asylum and a home, and providing, if need be, for their immediate removal hither:”

On motion by Mr. Foote,

Ordered , That the further consideration of the subject be postponed to Monday next, and be the order of the day; and that the resolution, as modified, be printed.

The Senate proceeded to consider the resolutions submitted by Mr. Clay, the 29th January, in relation to the adjustment of existing questions arising out of the institution of slavery; and

After debate,

0133 133

On motion,

The Senate adjourned.

WEDNESDAY, February 6, 1850. Link to Annals.

The Vice President laid before the Senate a report of the Secretary of War, made agreeably to law, accompanied by a statement of the expenses of the national armories and the number of arms and appendages made and repaired thereat during the fiscal year ending June 30, 1849.

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

On motion that the report be printed.

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

The Vice President laid before the Senate a report of the Secretary of War, made agreeably to law, showing the contracts made by that department during the year 1849.

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

On motion that the report be printed,

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

Mr. Hale presented a petition of citizens of Cheshire county, New Hampshire, praying the adoption of measures for the amicable adjustment of international controversies; which was referred to the Committee on Foreign Relations.

Mr. Whitcomb presented a petition of citizens of Grant county, Indiana, praying the adoption of measures for the amicable adjustment of international controversies; which was referred to the Committee on Foreign Relations.

Mr. Felch presented a resolution, passed by the legislature of Michigan, requesting the senators and representatives of that State in Congress to use their exertions to procure the reimbursement of expenses incurred by the State of Michigan in raising a regiment of volunteers for the war with Mexico, and the payment of the claims of said State against the United States for expenses incurred by the territorial government in maintaining the boundary of their Territory; which was referred to the Committee on Military Affairs, and ordered to be printed.

Mr. Baldwin presented two petitions of citizens of Connecticut, praying the reduction of the rates of postage; which were referred to the Committee on the Post Office and Post Roads.

Mr. Clarke presented a petition of citizens of Providence, Rhode Island, praying a reduction of the rates of postage; which was referred to the Committee on the Post Office and Post Roads.

Mr. Dodge, of Iowa, presented seven petitions of citizens of Iowa, praying a grant of land to aid in the construction of a railroad from Davenport to Council Bluffs; which were referred to the Committee on Public Lands.

Mr. Cass presented the petition of Thomas Flanagan, a revolutionary soldier, praying to be allowed a pension; which was referred to the Committee on Pensions.

Mr. Whitcomb presented a resolution of the legislature of Indiana, in favor of a grant of public lands for the use of the Indiana University; which was referred to the Committee on Public Lands, and ordered to be printed.

Mr. Dodge, of Wisconsin, presented a petition of citizens of Wisconsin, praying a reduction of the rates of postage; which was referred to the Committee on the Post Office and Post Roads.

0134 134

Mr. Soulé presented the memorial of the heirs of William F. Megee, deceased, praying indemnity for French spoliations.

Ordered , That it be referred to the select committee on the subject.

Mr. Hamlin presented a petition of citizens of Augusta, Maine, praying a reduction of the rates of postage; which was referred to the Committee on the Post Office and Post Roads.

Mr. Hamlin presented the petition of Benjamin Kingsbury and other citizens of Portland, Maine, praying that a pension may be allowed to James Wright for injuries received while acting as chief engineer on board a revenue cutter; which was referred to the Committee on Pensions.

Mr. Chase presented a petition of citizens of Oberlin, Ohio, praying the adoption of measures for the amicable adjustment of international controversies; which was referred to the Committee on Foreign Relations.

Mr. Mangum presented the proceedings of a meeting of citizens of New Hanover county, held at Wilmington, in the State of North Carolina, urging the adoption of measures to avert the consequences likely to flow from the progress of fanaticism and political dishonesty at the North, and excitement at the South; expressing their readiness to maintain the Union, at every sacrifice but that of principal; recommending a convention to be held at Raleigh, the 20th of April next, for the purpose of insuring unanimity of action in the southern States; and appointing a committee of safety.

The motion to receive the proceedings being objected to,

On motion by Mr. Hale that the motion to receive lie on the table.

It was determined in the negative,

Yeas 2

Nays 48

On motion by Mr. Hale,

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

Those who voted in the affirmative are,

Messrs. Bradbury and Douglas.

Those who voted in the negative are,

Messrs. Atchison, Badger, Baldwin, Bell, Berrien, Borland, Bright, Cass, Chase, Clarke, Clay, Clemens, Cooper, Corwin, Davis of Massachusetts, Davis of Mississippi, Dawson, Dickinson, Dodge of Wisconsin, Dodge of Iowa, Felch, Foote, Greene, Hale, Hamlin, Houston, Hunter, Jones, King, Mangum, Mason, Miller, Morton, Norris, Pearce, Phelps, Pratt, Rusk, Sebastian, Seward, Smith, Soulé, Spruance, Turney, Upham, Wales, Walker, Whitcomb.

On motion by Mr. Mangum that they be printed,

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

Mr. Whitcomb submitted the following resolution for consideration:

Resolved , That the President of the United States be requested to transmit to the Senate copies of all charges or complaints made or exhibited for the removal of J. D. G. Nelson from the office which he recently held of receiver of public moneys at Fort Wayne, in the State of Indiana.

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

Resolved , That the 47th rule of the Senate be suspended, during this day, so far as to admit ladies on the floor of the Senate.

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

S. 102. A bill in relation to suttlers, and in addition to an act concerning military contributions in Mexico.

S. 103. A bill for the relief of Lewis Morris.

0135 135

The said bills were read the first and second times, by unanimous consent.

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

The Senate resumed the consideration of the resolutions submitted by Mr. Clay, the 29th January, in relation to the adjustment of existing questions of controversy between the States of the Union, arising out of the institution of slavery; and,

After debate,

On motion by Mr. Houston,

The Senate adjourned.

THURSDAY, February 7, 1850. Link to Annals.

The Vice President laid before the Senate a report of the Secretary for the Department of the Interior, made in compliance with a resolution of the Senate, accompanied by copies of advertisements issued, proposals received, and contracts entered into, for executing the printing of that department, with the rates agreed on and the prices paid therefor.

On motion by Mr. Borland,

Ordered , That it lie on the table.

The Vice President laid before the Senate a petition of G. P. Walker, and other citizens of Iowa, praying the construction of a railroad from the valley of the Mississippi to the Pacific ocean, and the issue of gold coin of the denomination of twenty-five dollars.

Ordered , That so much of the petition as relates to the construction of a railroad to the Pacific, be referred to the Committee on Roads and Canals; and that so much thereof as relates to the issue of gold coin be referred to the Committee on Finance.

The Vice President laid before the Senate a memorial of Susan Decatur, widow of the late Commodore Decatur, praying that, as sole representative of her deceased husband, she may be allowed his proportion of the prize money due for the capture and destruction of the frigate Philadelphia, in the harbor of Tripoli, in the year 1804; which was referred to the Committee on Naval Affairs.

Mr. Dickinson presented the petition of Henry Allen Wright, heir of Daniel Ludlow, deceased, praying indemnity for French spoliations.

Ordered , That it be referred to the select committee on the subject.

Mr. Rusk submitted documents relating to the claim of William H. Francis to compensation for services as a lieutenant in a company of Texas volunteers in the late war with Mexico; which were referred to the Committee on Military Affairs.

Mr. Hale presented a petition of citizens of Wisconsin, praying the adoption of measures for the amicable adjustment of international controversies; which was referred to the Committee on Foreign Relations.

Mr. Hale presented a petition of the Association of Friends for promoting the abolition of slavery and improving the condition of the free people of color, praying that no new State may be admitted into the Union, nor territorial governments established, whose constitution or organic laws do not expressly prohibit the establishment or continuance of slavery within their limits.

The reception of the petition being objected to,

On motion, by Mr. King, that the motion to receive lie on the table,

It was determined in the affirmative,

Yeas, 25

Nays, 21

0136 136

On motion by Mr. Hale,

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

Those who voted in the affirmative are,

Messrs. Atchison, Bell, Borland, Bradbury, Bright, Cass, Clemens, Davis of Mississippi, Dawson, Dickinson, Douglas, Downs, Foote, Houston, Hunter, King, Mangum, Morton, Pearce, Pratt, Rusk, Sebastian, Soulé, Sturgeon, Turney.

Those who voted in the negative are,

Messrs. Baldwin, Chase, Clarke, Clay, Cooper, Corwin, Davis of Massachusetts, Dodge of Wisconsin, Dodge of Iowa, Felch, Greene, Hale, Miller, Norris, Seward, Smith, Spruance, Underwood, Upham, Wales, Walker.

So it was

Ordered , That the motion to receive the petition lie on the table.

Mr. Hale presented a petition of Lorenzo Mobbett, and others, praying the abolition of slavery in the District of Columbia.

The motion to receive the petition being objected to,

On motion by Mr. Mangum,

Ordered , That the motion lie on the table.

Mr. Hale presented a petition of female inhabitants of Germantown, Pennsylvania, praying the abolition of slavery and the slave trade in the District of Columbia, and that slavery may be excluded by law from the territories of the United States.

Mr. Hale presented two petitions of citizens, and a petition of female inhabitants, of the city and county of Philadelphia, Pennsylvania, praying the enactment of a law prohibiting the internal slave trade between the States; also a petition of citizens of Pennsylvania, praying the abolition of slavery and the slave trade in the District of Columbia, and the prohibition of slavery in the territories of the United States.

The motion to receive the petitions being objected to,

On motion by Mr. Mangum,

Ordered , That the motion lie on the table.

Mr. Hale presented the petition of John J. Woodward, and others, praying that a plan may be devised for the immediate peaceful dissolution of the Union.

On the question to receive the petition,

On motion by Mr. Douglas,

The yeas and nays were desired by one-fifth of the senators present.

On motion by Mr. Hunter,

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

A message from the House of Representatives, by Mr. Campbell, their Clerk: Mr. President : The House of Representatives have passed the following resolutions, from the Senate:

S. 3. A resolution authorizing the purchase of the manuscript Farewell Address of George Washington.

S. 4. A resolution directing the accounting officers of the treasury to adjust the account of Newport Lane, late pension agent at Louisville, Kentucky.

S. 5. A resolution for binding the public documents.

I am directed to inform the Senate of the death of the Hon. Alexander 0137 137 Newman, member elect of the fifteenth congressional district of Virginia, and of the proceedings of the House thereon.

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

Resolved unanimously , That the Senate has heard with deep sensibility of the death of the Hon. Alexander Newman, a representative elect from the State of Virginia.

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.

FRIDAY, February 8, 1850. Link to Annals.

Mr. Seward presented the petition of Isaac F. Miller, a soldier in the late war with Mexico, praying an increase of pension; which was referred to the Committee on Pensions.

Mr. Mangum submitted additional documents relating to the claim of John Hogan; which were referred to the Committee on Foreign Relations.

Mr. Soulé presented the petition of Thomas Webb and John Cookern, register and receiver of the land office at Greensburg, Louisiana, praying an increase of their compensation; which was referred to the Committee on Public Lands.

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

Mr. President: The House of Representatives have passed the bill, which originated in the Senate, (S. 64,) to enable the Methodist Episcopal Church in Georgetown, in the District of Columbia, to hold certain property for the purposes therein mentioned.

The Senate resumed the consideration of the motion to receive the petition of John J. Woodward and others, alleged to be inhabitants of Pennsylvania and Delaware, presented the 7th instant; and

On motion by Mr. Douglas,

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

On motion by Mr. Mangum,

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

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

Resolved , That the 47th rule be so far suspended, during this day, as to admit ladies on the floor of the Senate.

Mr. Badger reported from the committee that they had examined and found duly enrolled the following resolutions:

S. 3. Resolution authorizing the purchase of the manuscript Farewell Address of George Washington.

S. 4. A resolution directing the accounting officers of the treasury to adjust the account of Newton Lane, late pension agent at Louisville, Kentucky.

S. 5. A resolution for binding the public documents.

Mr. Borland, from the Committee on Printing, reported in favor of printing the report of the Secretary of War, made the 6th instant, relating to the contracts entered into by that department during the year ending 0138 138 30th June, 1849; also, in favor of printing the report of the Secretary of War, made the 6th instant, showing the expenses for one year of the national armories, and the arms made and repaired.

Whereupon,

Ordered , That the said reports be printed.

Mr. Soulé, from the Committee on the Post Office and Post Roads, to whom the documents relating to the claim of Thomas Rhodes were referred, submitted a report, accompanied by a bill (S. 104) for his relief.

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

Ordered , That the report be printed.

Agreeably to notice, Mr. Douglas asked and obtained leave to bring in a bill (S. 105) providing for the free navigation of the St. Lawrence river, and for reciprocal trade with Canada; which was read the first and second times, by unanimous consent, referred to the Committee on Commerce, and ordered to be printed.

Agreeably to notice, Mr. Jones asked and obtained leave to bring in a bill (S. 106) to amend the act entitled “An act supplemental to the act for the admission of Iowa and Florida into the Union;” which was read the first and second times, by unanimous consent, and referred to the Committee on the Judiciary.

The Senate resumed the consideration of the resolutions submitted by Mr. Clay, the 29th January, relating to the questions existing between the States of the Union arising out of the institution of slavery; and, after debate,

On motion by Mr. Berrien,

Ordered , That the further consideration thereof be postponed to Monday next.

On motion by Mr. Seward that the Senate adjourn,

It was determined in the affirmative,

Yeas, 20

Nays, 19

On motion by Mr. Foote,

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

Those who voted in the affirmative are,

Messrs. Badger, Baldwin, Bell, Benton, Clarke, Corwin, Davis of Massachusetts, Dawson, Dayton, Greene, Hale, Mangum, Miller, Pearce, Rusk, Seward, Spruance, Upham, Wales, Walker.

Those who voted in the negative are,

Messrs. Borland, Bradbury, Bright, Cass, Chase; Clay, Cooper, Dickinson, Dodge, of Iowa, Douglas, Foote, Houston, Jones, Mason, Morton, Norris, Soulé, Turney, Whitcomb.

So, the Senate adjourned.

MONDAY, February 11, 1850. Link to Annals.

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

Mr. President: The Speaker of the House of Representatives having signed three enrolled resolutions, I am directed to bring them to the Senate for the signature of their President.

The Vice President signed the three enrolled resolutions (S. R. 3, 4, 5) last reported to have been examined, and they were delivered to the committee to be presented to the President of the United States.

The Senate resumed the consideration of the motion, made the 7th instant, 0139 139 to receive the petition of John J. Woodward and others, alleged to be inhabitants of Pennsylvania and Delaware; and,

On the question, “Shall the petition be received?”

It was determined in the negative,

Yeas, 3

Nays, 51

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

Those who voted in the affirmative are,

Messrs. Chase, Hale, and Seward.

Those who voted in the negative are,

Messrs. Atchison, Badger, Baldwin, Bell, Benton, Berrien, Borland, Bright, Butler, Cass, Clarke, Clay, Clemens, Cooper, Corwin, Davis of Massachusetts, Davis of Mississippi, Dawson, Dayton, Dickinson, Dodge of Wisconsin, Dodge of Iowa, Douglas, Downs, Felch, Foote, Greene, Houston, Hunter, Jones, King, Mangum, Miller, Morton, Norris, Pearce, Phelps, Rusk, Sebastian, Shields, Smith, Spruance, Sturgeon, Turney, Underwood, Upham, Wales, Walker, Webster, Whitcomb, Yulee.

So,

The petition was not received.

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

Resolved , That the 47th rule of the Senate be suspended during this day, so far as to authorize the admission of ladies on the floor of the Senate.

Mr. Clay submitted the following resolution for consideration:

Resolved , That in future, when a member of Congress dies and has been buried in the vacation, the Senate will not feel itself called upon to extend to the memory of the deceased the honors and the ceremonies which have been, of late years, usually awarded; but will restrict itself hereafter, in the appropriation of those honors and ceremonies, to cases of the death of members during the session of Congress.

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

Resolved , That the Secretary of State be requested to communicate to the Senate any papers in his department relative to the conduct of Daniel Cook, master of the English barque Sarah, in saving the passengers and crew of the American ship Caleb Grimshaw, William E. Hoxie, master, destroyed at sea by fire, while on her passage from Liverpool to New York.

Mr. Rusk reported from the committee that they had examined and found duly enrolled, the bill (S. 64) to enable the trustees of the Methodist Episcopal Church in Georgetown, in the District of Columbia, to hold certain property for the purposes therein recited.

Mr. Butler, by unanimous consent, asked and obtained leave to bring in a resolution (S. R. 6) authorizing the appointment of a special clerk by the Supreme Court of the United States; which was read, and passed to the second reading.

On motion by Mr. King,

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

The Senate resumed the consideration of the resolutions submitted by Mr. Clay, the 29th January, in relation to the adjustment of existing questions of controversy arising out of the institution of slavery; and, after debate,

0140 140

On motion,

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

After the consideration of Executive business,

The Senate adjourned.

TUESDAY, February 12, 1850. Link to Annals.

Mr. Whitecomb presented a resolution passed by the legislature of Indiana, in relation to costs in the circuit and district courts of the United States, in suits involving questions of patent rights by patentees and their assigns who are insolvent; which was referred to the Committee on the Judiciary.

Mr. Cooper presented the petition of John S. Van Dyke, legal representative of Henry Van Dyke, deceased, late a lieutenant in the navy, praying the payment of prize money to which he is entitled; which was referred to the Committee on Naval Affairs.

Mr. Cooper presented five petitions of citizens of Pennsylvania, praying the repeal or modification of the tariff of 1846, and the imposition of specific instead of ad valorem duties; which were referred to the Committee on Finance.

Mr. Cooper presented the memorial of the Philadelphia Board of Trade, praying an appropriation for completing the breakwater in the Delaware bay, and a petition of citizens of Philadelphia, Pennsylvania, praying the construction of ice harbors in the Delaware river; which were referred to the Committee on Finance.

Mr. Hamlin presented twenty-four petitions of citizens of Maine, praying that the spirit ration of the navy may be abolished; which were referred to the Committee on Naval Affairs.

Mr. Hamlin presented twenty-three petitions of citizens of Maine, praying that corporal punishment in the navy may be abolished; which were referred to the Committee on Naval Affairs.

Mr. Cooper presented a petition of citizens of Pennsylvania, praying the establishment of a mail route from Beaver to Erie, in that State; which was referred to the Committee on the Post Office and Post Roads.

Mr. Cooper presented a petition of citizens of Philadelphia, Pennsylvania, praying a reduction of the rates of postage; which was referred to the Committee on the Post Office and Post Roads.

Mr. Cooper submitted a communication addressed to him by Robert M. Patterson, director of the mint at Philadelphia, in relation to the establishment of a branch mint at the city of New York; which was referred to the Committee on Finance.

Mr. Seward presented a petition of citizens of Chenango county, New York, praying that newspapers may be exempt from postage within a limited distance from the places of publication; which was referred to the Committee on the Post Office and Post Roads.

Mr. Seward presented a petition of the president, professors, and teachers of the New York Institution for the Deaf and Dumb, praying a reduction of the rates of postage; which was referred to the Committee on the Post Office and Post Roads.

Mr. Foote presented the petition of the register and receiver of the land office at Washington, Mississippi, praying to be allowed commissions on entries of land under military land warrants.

0141 141

Ordered , That it lie on the table.

Mr. Foote presented a petition of Albert B. Norton and others, seamen in the naval service during the late war with Mexico, praying the same allowances of bounty lands that were granted to the soldiers who served in that war; which was referred to the Committee on Military Affairs.

Mr. Atchison presented a petition of citizens of Missouri, praying the establishment of a mail route from the Iron Mountain to Greenville, in that State; which was referred to the Committee on the Post Office and Post Roads.

Mr. King presented the petition of the heirs of Perez Morton, deceased, praying indemnity for French spoliations;

Ordered , That it lie on the table.

Mr. Shields presented a petition of the Presbyterian church in Augusta, Illinois, praying a reduction of the rates of postage; which was referred to the Committee on the Post Office and Post Roads.

Mr. Shields presented the petition of Garet Burns, praying to be allowed a pension in consideration of wounds received in the military service of the United States; which was referred to the Committee on Pensions.

Mr. Davis, of Massachusetts, presented a petition of Franklin Drury and others, manufacturers of shoe lasts in Massachusetts, praying additional legal provisions for the protection of the patent right of Thomas Blanchard.

Ordered , That it lie on the table.

Mr. Davis, of Massachusetts, presented two petitions of boot and shoe manufacturers in Massachusetts, praying that the duties on foreign boot and shoe lasts may not be increased.

Ordered , That they lie on the table.

Mr. Baldwin presented two petitions of citizens of Connecticut, praying additional legal provisions for the protection of the patent right of Thomas Blanchard.

Ordered , That they lie on the table.

Mr. Baldwin presented a memorial of citizens of New Haven, Connecticut, praying that the act of February 15, 1847, renewing the patent of Thomas Blanchard, may be so amended as to restore to them the rights which they held under a former renewal of the patent, and which were not provided for in the said act; which was referred to the Committee on the Judiciary.

Mr. Baldwin presented a petition of citizens of New Haven, Connecticut, and a petition of the professors and students of Yale Theological Seminary, Connecticut, praying a reduction of the rates of postage; which were referred to the Committee on the Post Office and Post Roads.

Mr. Dickinson presented a memorial of citizens of Niagara county, New York, praying the construction of a ship canal between Lake Ontario and Lake Erie, and around the Saut de Ste. Marie; which was referred to the Committee on Roads and Canals.

Mr. Dickinson presented the petition of the heirs of Ebenezer Harrington, deceased, a revolutionary officer, praying the payment of his halt pay; which was referred to the Committee on Military Affairs.

Mr. Dickinson presented two petitions of citizens of New York, praying a reduction of the rates of postage; which were referred to the Committee on the Post Office and Post Roads.

0142 142

Mr. Dickinson presented the petition of Haym M. Salomon, heir of Haym Salomon, deceased, praying the repayment of advances made by his father during the revolutionary war; which was referred to the Committee on Revolutionary Claims.

Mr. Dickinson presented the memorial of William E. McMaster, praying that he may be authorized to execute for the government, portraits of all the Presidents of the United States; which was referred to the Committee on the Library.

Mr. Bradbury submitted additional documents relative to the claim of James Wright for a pension; which were referred to the Committee on Pensions.

Mr. Bradbury presented the memorial of John O. Means, praying compensation for services as an acting purser in the navy; which was referred to the Committee on Naval Affairs.

Mr. Clarke presented the petition of the Merchants' Bank of Providence, Rhode Island, praying a reduction of the rates of postage; which was referred to the Committee on the Post Office and Post Roads.

Mr. Clarke presented the petition of Nancy Bowen, widow of a deceased naval seaman, praying that she may be placed on the pension roll; which was referred to the Committee on Pensions.

Mr. Miller presented a petition of citizens of Burlington, New Jersey, praying a reduction of the rates of postage; which was referred to the Committee on the Post Office and Post Roads.

Mr. Houston presented a petition of citizens of Walker county, Texas, praying the establishment of a post office at Hegeia, in that State; which was referred to the Committee on the Post Office and Post Roads.

Mr. Houston presented the memorial of Daniel V. Quenaudon, in behalf of himself and the volunteers who served in the Seminole war, praying to be allowed bounty lands; which was referred to the Committee on Public Lands.

Mr. Houston presented a petition of citizens of Dutchess county, New York, praying that the importation of intoxicating liquors into the United States may be prohibited.

Ordered , That it lie on the table.

Mr. Hale submitted an additional document relating to the petition of Lois Brewster, late Lois Drew; which was referred to the Committee on Pensions.

Mr. Hale presented a petition of citizens of Leominster, Massachusetts, praying the adoption of measures for the amicable adjustment of international controversies; which was referred to the Committee on Foreign Relations.

Mr. Hale presented a petition of members of the Exeter House of Delegates in Hew Hampshire, a petition of citizens of Vermont, a petition of citizens of Massachusetts, and two petitions of citizens of Maine, praying a reduction of the rates of postage; also a petition of citizens of New York, praying that the rates of postage may be reduced and the franking privilege abolished; which were referred to the Committee on the Post Office and Post Roads.

Mr. Hale presented three petitions of citizens of Dover, New Hampshire, praying that corporal punishment in the navy may be abolished, and two petitions of citizens of Dover, New Hampshire, praying that the spirit ration in the navy may be abolished; which were referred to the Committee on Naval Affairs.

0143 143

On motion by Mr. Bright,

Ordered , That the petition of Samuel D. Davis, on the files of the Senate, be referred to the Committee on Revolutionary Claims.

On motion by Mr. Turney,

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

On motion by Mr. Mason,

Ordered , That the petition of Bancroft Woodcock, on the files of the Senate, be referred to the Committee on Patents and the Patent Office.

On motion by Mr. Baldwin,

Ordered , That the petition of Peter U. Morgan, administrator of John Arnold, deceased, and George G. Bishop, on the files of the Senate, be referred to the Committee on Patents and the Patent Office.

On motion by Mr. Bright,

Ordered , That the memorial of Robert Piatt, heir and legal representative of Daniel Piatt, deceased, on the files of the Senate, be referred to the Committee on Revolutionary Claims.

On motion by Mr. Douglas,

Ordered , That L. P. Sanger, and Frink and Hadduck, severally, have leave to withdraw their petitions and papers.

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

Resolved , That the President of the United States be requested to inform the Senate of the amount of prize money paid into the treasury in conformity with the 8th section of the act of March 3, 1849, specifying the amount received for captures made prior to the war with Great Britain of 1812; the amount received for captures made during that war; the amount received for captures made since that war, and prior to the late war with Mexico. Also, the several amounts received for captures made during the late war with Mexico, and from whom received. Also, if any yet remains due and unpaid; if so, the amount, and by whom owing, and what steps have been taken to ascertain said amount and recover the same. Also, the amount paid out of the treasury, and to whom. And, also, the regulations adopted for carrying into effect the provisions of the said law.

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

Resolved , That the 47th rule of the Senate be suspended, during this day, so far as to authorize the admission of ladies on the floor of the Senate.

Mr. Hale presented the petition of a number of women of Dover, New Hampshire, requesting that slavery may not be extended into the Territories of New Mexico and California.

On motion by Mr. Hale that the petition be received,

A motion was made by Mr. King that the motion to receive the petition lie on the table; and

It was determined in the negative,

Yeas, 19

Nays, 26

On motion by Mr. Hale,

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

Those who voted in the affirmative are,

Messrs. Atchison, Benton, Berrien, Borland, Butler, Clemens, Davis of Mississippi, Dawson, Dickinson, Houston, Hunter, King, Mangum, Mason, Rusk, Sebastian, Sturgeon, Turney, Underwood.

Those who voted in the negative are,

Messrs. Baldwin, Bradbury, Bright, Chase, Clarke, Cooper, Corwin, 0144 144 Davis of Massachusetts, Dayton, Dodge of Wisconsin, Dodge of Iowa, Douglas, Felch, Greene, Hale, Hamlin, Jones, Miller, Norris, Phelps, Seward, Shields, Smith, Spruance, Wales, Walker.

The question recurring on the reception of the petition,

On motion by Mr. Mangum,

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

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

Mr. President: The House of Representatives have passed the joint resolution from the Senate (S. R. 1) limiting the expense of collecting the revenue from customs for the present fiscal year, with an amendment, 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.

The Vice President signed the enrolled bill (S. 64) yesterday reported to have been examined; and it was delivered to the committee to be presented to the President of the United States.

On motion by Mr. Shields,

Ordered , That the memorial of John Dawson, together with the report of the Committee of Claims thereon, be referred to the Committee on Pensions.

Mr. Shields, from the Committee on Public Lands, reported a bill (S. 107) making a donation of land to the State of Illinois, in aid of the construction of the Mount Carmel and Alton railroad; which was read, and passed to the second reading.

Mr. Shields, from the Committee on Public Lands, to whom was referred the bill (S. 10) for the benefit of the Territory of Minnesota, reported it, with an amendment.

Mr. Shields, from the Committee on Public Lands, to whom was referred the bill (S. 22) granting the right of way and making a donation of land to the State of Illinois, in aid of the construction of the Central railroad, reported it, with an amendment.

Mr. Davis, of Mississippi, by unanimous consent, had leave to bring in a resolution (S. R. 7) for restoring the settlement of the “three months' extra pay” to the accounting officers of the treasury; which was read the first and second times, by unanimous consent, and referred to the Committee on Military Affairs.

The resolution (S. 6) authorizing the appointment of a special clerk by the Supreme Court of the United States 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 said resolution was read a third time, by unanimous consent.

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 Senate proceeded to consider the amendment of the House of Representatives to the resolution (S. R. 1) limiting the expense of collecting the revenue from customs for the present fiscal year; and

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

0145 145

On motion by Mr. Jones.

Ordered , That a member be added to the Committee on Pensions, to fill the existing vacancy, and that the appointment be made by the Vice President; and

Mr. Borland was appointed.

The Senate resumed the consideration of the resolutions submitted the 29th January by Mr. Clay, in relation to the questions of controversy arising out of the institution of slavery; and,

After debate,

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

On motion,

The Senate adjourned.

WEDNESDAY, February 13, 1850. Link to Annals.

The Senate resumed the consideration of the motion by Mr. Hale, of the 12th instant, that the petition of a number of women of Dover, New Hampshire, be received; and the motion being agreed to:

On motion by Mr. Hale,

Ordered , That the petition be referred to the Committee on Territories.

Mr. Clay presented the memorial of William S. Wetmore and James Hamilton, in behalf of the holders of certain bonds, issued by the late republic of Texas, praying that provision may be made for the payment of the said bonds; which was referred to the Committee on the Judiciary.

Mr. Dickinson presented a petition of citizens of New York, praying a reduction of the rates of postage; which was referred to the Committee on the Post Office and Post Roads.

Mr. Smith presented a petition of citizens of Newton, Connecticut, praying a reduction of the rates of postage; which was referred to the Committee on the Post Office and Post Roads.

Mr. Smith presented a petition of the heirs and representatives of Justus Riley, deceased, praying indemnity for French spoliations.

Ordered , That it be referred to the select committee on the subject.

Mr. Smith presented a petition of citizens of Simsbury, Connecticut, praying the adoption of measures for the amicable adjustment of international controversies; which was referred to the Committee on Foreign Relations.

Mr. Walker presented a petition of citizens of Sheboygan falls, Wisconsin, praying the adoption of measures for the amicable adjustment of international controversies; which was referred to the Committee on Foreign Relations.

Mr. Webster presented a petition of inhabitants of Roxbury, Massachusetts, praying a reduction of the rates of postage; which was referred to the Committee on the Post Office and Post Roads.

Mr. Webster presented a petition of A. W. Blackmond, and other citizens of the United States, praying that the public lands may be granted, in limited quantities, free of cost, to actual settlers who are not possessed of other lands; which was referred to the Committee on Public Lands.

Mr. Webster presented the memorial of John Pierce, jr., late a professor of mathematics in the navy, praying to be restored to his rank and allowed back pay; which was referred to the Committee on Naval Affairs.

Mr. Webster presented the memorial of Charles Colburn, praying compensation 10 0146 146 for his services as a yeoman in the navy; which was referred to the Committee on Naval Affairs.

Mr. Webster presented the memorial of Josiah Sturgis, and other officers in the revenue cutter service, praying that the benefits of the naval pension laws may be extended to that service; which was referred to the Committee on Commerce.

Mr. Webster presented a memorial of citizens of Cecil county, Maryland, praying that a portion of the public domain may be reserved for actual settlers who may be citizens of the United States; which was referred to the Committee on Public Lands.

Mr. Jones presented a petition of citizens of Dubuque, Iowa, praying the construction of a military road from that place to the Missouri river; which was referred to the Committee on Roads and Canals.

Mr. Jones presented the proceedings of a meeting of citizens of Davenport, Iowa, in favor of a grant of public land, to aid in the construction of a railroad from Davenport to Council Bluffs; which were referred to the Committee on Public Lands.

Mr. Jones presented two petitions of citizens of Iowa, praying the establishment of a mail route from Bloomington; in that State, to Prairie du Chien, in Wisconsin; which were referred to the Committee on the Post Office and Post Roads.

Mr. Sturgeon presented the petition of Daniel Nippes, praying compensation for certain arms manufactured, for the War Department; which was referred to the Committee on Military Affairs.

Mr. Sturgeon presented a petition of citizens of Pennsylvania, praying that the seamen in the navy who served in the late war with Mexico may be placed on the same footing, as to extra pay and bounty lands, with the soldiers and volunteers in the army; which was referred to the Committee on Military Affairs.

Mr. Sturgeon presented a memorial of officers and volunteers who served in the late war with Mexico, praying to be allowed additional bounty lands; which was referred to the Committee on Military Affairs.

Mr. Sturgeon presented a memorial of citizens of Philadelphia, Pennsylvania, praying the construction of harbors in the Delaware river; which was referred to the Committee on Commerce.

Mr. Downs presented a memorial of the register and receiver of the Greensburg land office, in Louisiana, praying to be allowed commissions on entries of land under military land warrants.

Ordered , That it lie on the table.

Mr. Hamlin presented a petition of merchants, ship-owners, and others, citizens of Wiscasset, Maine, praying a reduction of the rates of postage; which was referred to the Committee on the Post Office and Post Roads.

Mr. Hamlin presented a petition of citizens of Frankfort, Maine, praying a reduction of the rates of postage; which was referred to the Committee on the Post Office and Post Roads.

Mr. Yulce presented the petition of the heirs of Manuel Solano, deceased, praying the confirmation of their title to a tract of land; which was referred to the Committee on Private Land Claims.

Mr. Dodge, of Iowa, presented eight petitions of citizens of Iowa and Illinois, praying the removal of obstructions to the navigation of the Mississippi river; which were referred to the Committee on Commerce.

Mr. Dodge, of Iowa, presented a petition of citizens of Iowa, praying a grant of land to that State, to aid in the construction of the Davenport and 0147 147 Council Bluffs railroad; which was referred to the Committee on Public Lands.

Mr. Dodge, of Iowa, presented a petition of citizens of Iowa, praying the establishment of a mail route from Bloomington, in that State, to Prairie du Chien, in Wisconsin; which was referred to the Committee on the Post Office and Post Roads.

Mr. Dodge, of Iowa, presented a memorial of citizens of Iowa, praying a grant of public land to the branch of the State university, at Fairfield, in that State; which was referred to the Committee on Public Lands.

Mr. Shields presented a memorial of the Rock Island and Lasalle Railroad Company, praying a grant of public land, to aid in the construction of their railroad; which was referred to the Committee on Public Lands.

Mr. Wales presented the petition of P. E. Thomas, Phineas Janney, and Benjamin Ferris, in behalf of the Seneca nation of Indians, praying the payment of certain money due those Indians, and wrongfully withheld by a sub-agent of the United States; which was referred to the Committee on Indian Affairs.

Mr. Wales presented a resolution of the General Assembly of the State of Delaware, requesting the senators and representatives of that State in Congress to use their exertions to procure a grant of public land, to aid in the establishment of an asylum for the insane poor in that State; which was referred to the Committee on Public Lands, and ordered to be printed.

Mr. Berrien presented the memorial of H. K. Thatcher and others, officers in the navy, praying compensation for mess stores and private property lost in consequence of the wrecking of the United States ship Boston; which was referred to the Committee on Naval Affairs.

Mr. Mason presented a petition of citizens of Washington, in the District of Columbia, praying an appropriation for filling and grading square number two hundred and fifty-nine, belonging to the United States, in that city; which was referred to the Committee on the District of Columbia.

Mr. Bradbury presented a petition of mechanics of Augusta, Maine, praying a reduction of the rates of postage; which was referred to the Committee on the Post Office and Post Roads.

Mr. Bradbury presented a petition of citizens of Bath, Maine, praying that corporal punishment in the navy maybe abolished; and a petition of citizens of the same place, praying that the spirit ration in the navy may be abolished; which were referred to the Committee on Naval Affairs.

Mr. Benton presented a petition of citizens of Butler county, Missouri, praying the removal of obstructions to the navigation of the Big Black river, in that State; which was referred to the Committee on Roads and Canals

Mr. Benton presented a petition of citizens of Ray county, Missouri, praying that the office of chaplain in the public service may be abolished.

Ordered , That it lie on the table.

On motion by Mr. Dickinson,

Ordered , That the petition of Henry W. Barnes and Randolph M. Cooley, on the files of the Senate, be referred to the Committee on Military Affairs.

On motion by Mr. Felch,

Ordered , That the executrix of Conrad Ten Eyck deceased, have leave to withdraw her petition and papers.

On motion by Mr. Bell,

Ordered , That the further presentation of petitions, at this time, be suspended.

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Mr. Dickinson, from the Committee on Finance, to whom was referred the resolution (S. R. 1) limiting the expense of collecting the revenue from customs for the present fiscal year, with the amendment of the House of Representatives thereto, reported thereon.

The Senate proceeded to consider the amendment of the House of Representatives to the said resolution; and the amendment reported by the committee having been agreed to,

Resolved , That the Senate concur in the amendment of the House of Representatives to the said resolution, with an amendment.

Ordered , That the secretary request the concurrence of the House of Representatives in the amendment.

Mr. Rusk reported from the committee, that they yesterday presented to the President of the United States the following resolutions:

S. 3. A resolution authorizing the purchase of the manuscript Farewell Address of George Washington.

S. 4. A resolution directing the accounting officers of the treasury to adjust the accounts of Newton Lane, late pension agent at Louisville, Kentucky.

S. 5. A resolution for binding the public documents.

A message from the President of the United States, by Colonel Bliss, his secretary: Mr. President : The President of the United States approved and signed, the 12th instant, the following resolutions:

S. R. 4. A resolution directing the accounting officers of the treasury to adjust the accounts of Newton Lane, late pension agent at Louisville, Kentucky.

S. R. 3. A resolution authorizing the purchase of the manuscript Farewell Address of George Washington.

S. R. 5. A resolution for binding the public documents.

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

The following message was received from the President of the United States, by Colonel Bliss, his secretary:

To the Senate of the United States :

I transmit herewith to the Senate, for the information of that body, an authenticated copy of the constitution of California, received by me from the honorable William M. Gwyn.

Z. TAYLOR.

Washington , February 13, 1850.

The message was read.

On motion by Mr. Foote that it lie on the table,

It was determined in the negative.

On motion by Mr. Benton that it be referred to a select committee,

A motion was made by Mr. Douglas, that it be referred to the Committee on Territories; and

On motion by Mr. Foote,

Ordered , That the further consideration of the subject be postponed until to-morrow, and that the message and the accompanying document be printed.

The following message was received from the President of the United States, by Colonel Bliss, his secretary:

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To the Senate of the United States:

I have received a resolution of the Senate, of the 28th ultimo, requesting the President of the United States “to cause to be laid before the Senate, in open session, if in his opinion consistent with the public interest, otherwise in executive session, copies of all instructions and communications of the late Secretary of State to our late chargé d'affaires to Guatemala, and all despatches and communications from said chargé d'affaires to the Department of State, including any conventions or treaties he may have concluded with either of the States composing the late republic of Central America, and also all correspondence between our said chargé d'affaires and the government or representatives of either of said States; and also all instructions and communications from the present Secretary of State to our late chargé d'affaires or our present chargé d'affaires to either of said States, and of all despatches or communications from our chargé d'affaires to the Department of State, including any conventions or treaties he may have concluded with either of said States; and also all correspondence between the Department of State and either of said chargés d'affaires, touching the so-called kingdom of the Mosquitoes, and the right of way from the Atlantic to the Pacific, through lake Nicaragua.”

The information called for by this resolution will be cheerfully communicated to the Senate as soon as it shall be found to be compatible with the public interest.

Z. TAYLOR.

Washington , February 13, 1850.

The message was read.

On motion by Mr. Foote,

Ordered , That it lie on the table.

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

Resolved , That the 47th rule be so far suspended as to allow, during this day, the admission of ladies on the floor of the Senate.

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

Mr. President: The House of Representatives concur in the amendment of the Senate to the amendment of the House of Representatives to the resolution (S. R. 1) limiting the expense of collecting the revenue from customs for the present fiscal year.

They have passed bills and a joint resolution of the following titles:

H. R. 22. An act further to extend the time for locating Virginia military land warrants, and returning surveys thereon to the General Land Office;

H. R. 87. An act to provide for recording the conveyances of vessels, and for other purposes;

H. R. 2. A resolution to supply the Territories of Oregon and Minnesota with the narrative of the exploring expedition;

in which they request the concurrence of the Senate.

Mr. Baldwin, from the Committee of Claims, to whom was referred the memorial of Isabella Cole, executrix of William Cole, deceased, submitted an adverse report, which was ordered to be printed.

On motion by Mr. Baldwin,

Ordered , That the Committee of Claims be discharged from the further consideration of the petition of John Spencer, and that it be referred to the Committee on Public Lands.

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Mr. King, from the Committee on Foreign Relations, to whom the claim of John Hogan was referred, reported a joint resolution (S. R. 8) for his relief; which was read the first and second times, by unanimous consent.

The Senate proceeded to consider the said resolution 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. Butler, from the Committee on the Judiciary, to whom were referred a memorial of citizens of Columbus, Ohio, presented the 3d January, and the memorial of Dudley Baldwin and others, presented the 23d January, in relation to the jurisdiction of the United States over the navigable lakes and rivers in the United States, submitted a report, accompanied by the following resolution:

Resolved , That legislation upon the subject is inexpedient.

Ordered , That the report be printed.

On motion by Mr. Butler,

Ordered , That the Committee on the Judiciary be discharged from the further consideration of the petition of certain citizens of New York, presented the 30th of January, and that it be referred to the Committee on Finance.

Mr. Butler, from the Committee on the Judiciary, to whom was referred the bill (S. 106) to amend the act entitled “An act to amend the act entitled ‘An act supplemental to the act for the admission of Iowa and Florida into the Union,’” reported it without amendment.

Mr. Butler, from the Committee on the Judiciary, to whom were referred certain resolutions of the legislature of Indiana, reported a bill (S. 108) requiring plaintiffs in certain cases to give security for costs; which was read and passed to the second reading.

Mr. Yulee, from the Committee on Naval Affairs, reported a bill (S. 109) to promote the efficiency of the naval establishment, by providing a retired list for disabled officers; which was read and passed to the second reading.

Mr. Felch, from the Committee on Public Lands, to whom was referred the memorial of Nathaniel Champ and others, submitted a report, accompanied by a bill (S. 110) for their relief.

The bill was read, a