MONDAY, December 6, 1858. Link to Annals.

Present:

From the State of New Hampshire,

The honorable

Daniel Clark.

John P. Hale.

From the State of Massachusetts,

The honorable Henry Wilson.

From the State of Rhode Island and Providence Plantations,

The honorable

Philip Allen.

James F. Simmons.

From the State of Connecticut,

The honorable

James Dixon

Lafayette S. Foster.

From the State of Vermont,

The honorable

Jacob Collamer.

Solomon Foot.

From the State of New York,

The honorable

Preston King.

William H. Seward.

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From the State of New Jersey,

The honorable

John R. Thomson.

William Wright.

From the State of Pennsylvania,

The honorable

William Bigler.

Simon Cameron.

From the State of Delaware,

The honorable Martin W. Bates.

From the State of Maryland,

The honorable

Anthony Kennedy.

James A. Pearce.

From the State of Virginia,

The honorable

R. M. T. Hunter.

James M. Mason.

From the State of North Carolina,

The honorable

Thomas L. Clingman.

David S. Reid.

From the State of South Carolina,

The honorable James H. Hammond.

From the State of Georgia,

The honorable Alfred Iverson.

From the State of Kentucky,

The honorable John B. Thompson.

From the State of Tennessee,

The honorable John Bell.

From the State of Ohio,

The honorable Benjamin F. Wade.

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From the State of Louisiana,

The honorable John Slidell.

From the State of Indiana,

The honorable

Jesse D. Bright.

Graham N. Fitch.

From the State of Mississippi,

The honorable

Albert G. Brown.

Jefferson Davis.

From the State of Illinois,

The honorable Lyman Trumbull.

From the State of Alabama,

The honorable

Clement C. Clay, jr.

Benjamin Fitzpatrick.

From the State of Maine,

The honorable

William Pitt Fessenden.

Hannibal Hamlin.

From the State of Missouri,

The honorable

James S. Green.

Trusten Polk.

From the State of Michigan,

The honorable

Zachariah Chandler

Charles E. Stuart.

From the State of Texas,

The honorable Matthias Ward.

From the State of Iowa,

The honorable

James Harlan.

George W. Jones.

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From the State of Wisconsin,

The honorable

James R. Doolittle.

Charles Durkee.

From the State of California,

The honorable

David C. Broderick.

William M. Gwin.

From the State of Minnesota,

The honorable

Henry M. Rice.

James Shields.

The Vice President resumed the Chair.

The oath prescribed by law was administered to the honorable Martin W. Bates, a senator from the State of Delaware, whose credentials were presented the 19th of January, 1857, and he took his seat in the Senate.

Mr. Clay presented the credentials of the honorable Matthias Ward, appointed a senator by the governor of the State of Texas to fill the vacancy occasioned by the death of the honorable J. Pinkney Henderson.

The credentials were read; and the oath prescribed by law was administered to Mr. Ward and he took his seat in the Senate.

Mr. Reid presented the credentials of the honorable Thomas L. Clingman, elected a senator by the legislature of the State of North Carolina to fill the vacancy occasioned by the resignation of the honorable Asa Biggs.

The credentials were read; and the oath prescribed by law was administered to Mr. Clingman and he took his seat in the Senate.

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

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

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

Resolved, That a committee, consisting of three members, be appointed to join 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 is ready to receive any communication he may be pleased to make.

On motion by Mr. Allen,

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

Mr. Allen, Mr. Slidell, and Mr. Foot were appointed.

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

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On motion by Mr. Hale,

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

A message from the House of Representatives by Mr. Allen, its Clerk:

Mr. President: I am directed by the House of Representatives to inform the Senate that a quorum of the House has assembled and is ready to proceed to business.

On motion by Mr. Mason, that the Senate proceed to the consideration of the bill (S. 114) to indemnify the master and owners of the Spanish schooner Amistad and her cargo,

It was determined in the affirmative; and

The bill (S. 114) last mentioned was read the second time and considered as in Committee of the Whole.

On motion by Mr. Mason, that the further consideration of the bill be postponed to, and made the special order of the day for, Tuesday, the 14th instant,

It was determined in the affirmative,

Yeas 24

Nays 19

On motion by Mr. Seward,

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

Those who voted in the affirmative are,

Messrs. Bates, Bigler, Bright, Brown, Clay, Clingman, Davis, Fitch, Fitzpatrick, Green, Gwin, Hammond, Iverson, Jones, Kennedy, Mason, Pearce, Polk, Reid, Rice, Shields, Stuart, Thomson, of New Jersey, Ward.

Those who voted in the negative are,

Messrs. Broderick, Cameron, Chandler, Clark, Dixon, Doolittle, Durkee, Fessenden, Foot, Foster, Hale, Hamlin, Harlan, King, Seward, Simmons, Trumbull, Wade, Wilson.

A message from the House of Representatives by Mr. Allen, its Clerk:

Mr. President: The House of Representatives has passed an order for the appointment of a committee on its part, to join such committee as may be appointed on the part of the Senate, to wait on the President of the United States and inform him that a quorum of the two Houses has assembled, and that Congress is ready to receive any communication he may be pleased to make; and has appointed Mr. Florence, Mr. John Sherman, and Mr. Gartrell the committee on its part.

Mr. Jones presented the petition of E. B. Boutwell, a commander in the navy, praying compensation for certain extra services while in command of the United States steamer Colonel Harney and the United States ship John Adams.

Ordered, That it lie on the table.

Mr. Allen, from the committee appointed to join 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 is ready to receive any communication he may be pleased to make, reported—

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That they had performed the duty assigned them and that the President replied that he would, at half-past one o clock, make a communication to the two Houses of Congress.

On motion by Mr. Fitzpatrick,

Ordered, That the Senate take a recess for ten minutes.

The ten minutes' recess having expired,

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

Fellow-citizens of the Senate and House of Representatives:

When we compare the condition of the country at the present day with what it was one year ago, at the meeting of Congress, we have much reason for gratitude to that Almighty Providence which has never failed to interpose for our relief at the most critical periods of our history. One year ago the sectional strife between the North and the South on the dangerous subject of slavery had again become so intense as to threaten the peace and perpetuity of the confederacy. The application for the admission of Kansas as a State into the Union fostered this unhappy agitation, and brought the whole subject once more before Congress. It was the desire of every patriot that such measures of legislation might be adopted as would remove the excitement from the States and confine it to the Territory where it legitimately belonged. Much has been done, I am happy to say, towards the accomplishment of this object during the last session of Congress.

The Supreme Court of the United States had previously decided that all American citizens have an equal right to take into the Territories whatever is held as property under the laws of any of the States, and to hold such property there under the guardianship of the Federal Constitution, so long as the territorial condition shall remain.

This is now a well established position, and the proceedings of the last session were alone wanting to give it practical effect The principle has been recognized, in some form or other, by an almost unanimous vote of both Houses of Congress, that a Territory has a right to come into the Union either as a free or a slave State, according to the will of a majority of its people. The just equality of all the States has thus been vindicated, and a fruitful source of dangerous dissension among them has been removed.

Whilst such has been the beneficial tendency of your legislative proceedings outside of Kansas, their influence has nowhere been so happy as within that Territory itself. Left to manage and control its own affairs in its own way, without the pressure of external influence, the revolutionary Topeka organization and all resistance to the territorial government established by Congress have been finally abandoned. As a natural consequence, that fine Territory now appears to be tranquil and prosperous, and is attracting increasing thousands of immigrants to make it their happy home.

The past unfortunate experience of Kansas has enforced the lesson, so often already taught, that resistance to lawful authority, under our form of government, cannot fail in the end to prove disastrous to its authors. Had the people of the Territory yielded obedience to the laws 0009 9 enacted by their legislature, it would at the present moment have contained a large additional population of industrious and enterprising citizens, who have been deterred from entering its borders by the existence of civil strife and organized rebellion.

It was the resistance to rightful authority and the persevering attempts to establish a revolutionary government under the Topeka constitution which caused the people of Kansas to commit the grave error of refusing to vote for delegates to the convention to frame a constitution under a law not denied to be fair and just in its provisions. This refusal to vote has been the prolific source of all the evils which have followed. In their hostility to the territorial government they disregarded the principle, absolutely essential to the working of our form of government, that a majority of those who vote—not the majority who may remain at home, from whatever cause—must decide the result of an election. For this reason, seeking to take advantage of their own error, they denied the authority of the convention thus elected to frame a constitution.

The convention, notwithstanding, proceeded to adopt a constitution unexceptionable in its general features, and providing for the submission of the slavery question to a vote of the people, which, in my opinion, they were bound to do under the Kansas and Nebraska act. This was the all-important question which had alone convulsed the Territory; and yet the opponents of the lawful government, persisting in their first error, refrained from exercising their right to vote, and preferred that slavery should continue, rather than surrender their revolutionary Topeka organization.

A wiser and better spirit seemed to prevail before the first Monday of January last, when an election was held under the constitution. A majority of the people then voted for a governor and other State officers, for a member of Congress, and members of the State legislature. This election was warmly contested by the two political parties in Kansas, and a greater vote was polled than at any previous election. A large majority of the members of the legislature elect belonged to that party which had previously refused to vote. The anti-slavery party were thus placed in the ascendant, and the political power of the State was in their own hands. Had Congress admitted Kansas into the Union under the Lecompton constitution, the legislature might, at its very first session, have submitted the question to a vote of the people, whether they would or would not have a convention to amend their constitution, either on the slavery or any other question, and have adopted all necessary means for giving speedy effect to the will of the majority. Thus the Kansas question would have been immediately and finally settled.

Under these circumstances, I submitted to Congress the constitution thus framed, with all the officers already elected necessary to put the State government into operation, accompanied by a strong recommendation in favor of the admission of Kansas as a State. In the course of my long public life I have never performed any official act which, in the retrospect, has afforded me more heartfelt satisfaction. Its admission could have inflicted no possible injury on any human being, whilst it would, within a brief period, have restored peace to 0010 10 Kansas and harmony to the Union. In that event, the slavery question would ere this have been finally settled, according to the legally expressed will of a majority of the voters, and popular sovereignty would thus have been vindicated in a constitutional manner.

With my deep convictions of duty, I could have pursued no other course. It is true, that, as an individual, I had expressed an opinion, both before and during the session of the convention, in favor of submitting the remaining clauses of the constitution, as well as that concerning slavery, to the people. But, acting in an official character, neither myself nor any human authority had the power to rejudge the proceedings of the convention, and declare,the constitution which it had framed to be a nullity. To have done this would have been a violation of the Kansas and Nebraska act, which left the people of the Territory “perfectly free to form and regulate their domestic institutions in their own way, subject only to the Constitution of the United States.” It would equally have violated the great principle of popular sovereignty, at the foundation of our institutions, to deprive the people of the power, if they thought proper to exercise it, of confiding to delegates elected by themselves the trust of framing a constitution, without requiring them to subject their constituents to the trouble, expense, and delay of a second election. It would have been in opposition to many precedents in our history, commencing in the very best age of the republic, of the admission of Territories as States into the Union, without a previous vote of the people approving their constitution.

It is to be lamented that a question so insignificant, when viewed in its practical effects on the people of Kansas, whether decided one way or the other, should have kindled such a flame of excitement throughout the country. This reflection may prove to be a lesson of wisdom and of warning for our future guidance. Practically considered, the question is simply whether the people of that Territory should first come into the Union and then change any provision in their constitution not agreeable to themselves, or accomplish the very same object by remaining out of the Union and framing another constitution in accordance with their will? In either case, the result would be precisely the same. The only difference in point of fact is, that the object would have been much sooner attained, and the pacification of Kansas more speedily effected, had it been admitted as a State during the last session of Congress.

My recommendation, however, for the immediate admission of Kansas, failed to meet the approbation of Congress. They deemed it wiser to adopt a different measure for the settlement of the question. For my own part, I should have been willing to yield my assent to almost any constitutional measure to accomplish this object. I therefore cordially acquiesced in what has been called the English Compromise, and approved the “Act for the admission of the State of Kansas into the Union” upon the terms therein prescribed.

Under the ordinance which accompanied the Lecompton constitution the people of Kansas had claimed double the quantity of public lands for the support of common schools which had ever been previously granted to any State upon entering the Union; and also the alternate 0011 11 sections of land for twelve miles on each side of two railroads, proposed to be constructed from the northern to the southern boundary, and from the eastern to the western boundary of the State. Congress, deeming these claims unreasonable, provided, by the act of May 4, 1858, to which I have just referred, for the admission of the State on an equal footing with the original States, but “upon the fundamental condition precedent” that a majority of the people thereof, at an election to be held for that purpose, should, in place of the very large grants of public lands which they had demanded under the ordinance, accept such grants as had been made to Minnesota and other new States. Under this act, should a majority reject the proposition offered them, “it shall be deemed and held that the people of Kansas do not desire admission into the Union with said constitution under the conditions set forth in said proposition.” In that event, the act authorizes the people of the Territory to elect delegates to form a constitution and State government for themselves “whenever, and not before, it is ascertained by a census, duly and legally taken, that the population of said Territory equals or exceeds the ratio of representation required for a member of the House of Representatives of the Congress of the United States.” The delegates thus assembled “shall first determine by a vote whether it is the wish of the people of the proposed State to be admitted into the Union at that time, and if so, shall proceed to form a constitution, and take all necessary steps for the establishment of a State government in conformity with the Federal Constitution.” After this constitution shall have been formed, Congress, carrying out the principles of popular sovereignty and nonintervention, have left “the mode and manner of its approval or ratification by the people of the proposed State” to be “prescribed by law,” and they “shall then be admitted into the Union as a State under such constitution thus fairly and legally made, with or without slavery, as said constitution may prescribe.”

An election was held throughout Kansas, in pursuance of the provisions of this act, on the second day of August last, and it resulted in the rejection, by a large majority, of the proposition submitted to the people by Congress. This being the case, they are now authorized to from another constitution, preparatory to admission into the Union, but not until their number, as ascertained by a census, shall equal or exceed the ratio required to elect a member to the House of Representatives.

It is not probable, in the present state of the case, that a third constitution can be lawfully framed and presented to Congress by Kansas before its population shall have reached the designated number. Nor is it to be presumed that, after their sad experience in resisting the territorial laws, they will attempt to adopt a constitution in express violation of the provisions of an act of Congress. During the session of 1856 much of the time of Congress was occupied on the question of admitting Kansas under the Topeka constitution. Again, nearly the whole of the last session was devoted to the question of its admission under the Lecompton constitution. Surely it is not unreasonable to require the people of Kansas to wait, before making a third attempt, until the number of their inhabitants shall amount to ninety-three 0012 12 thousand four hundred and twenty. During this brief period the harmony of the States, as well as the great business interests of the country, demand that the people of the Union shall not for a third time be convulsed by another agitation on the Kansas question. By waiting for a short time, and acting in obedience to law, Kansas will glide into the Union without the slightest impediment.

This excellent provision, which Congress have applied to Kansas, ought to be extended and rendered applicable to all Territories which may hereafter seek admission into the Union.

Whilst Congress possess the undoubted power of admitting a new State into the Union, however small may be the number of its inhabitants, yet this power ought not, in my opinion, to be exercised before the population shall amount to the ratio required by the act for the admission of Kansas. Had this been previously the rule, the country would have escaped all the evils and misfortunes to which it has been exposed by the Kansas question.

Of course, it would be unjust to give this rule a retrospective application, and exclude a State which, acting upon the past practice of the government, has already formed its constitution, elected its legislature and other officers, and is now prepared to enter the Union.

The rule ought to be adopted, whether we consider its bearing on the people of the Territories or upon the people of the existing States. Many of the serious dissensions which have prevailed in Congress and throughout the country would have been avoided had this rule been established at an earlier period of the government.

Immediately upon the formation of a new Territory, people from different States and from foreign countries rush into it, for the laudable purpose of improving their condition. Their first duty to themselves is to open and cultivate farms, to construct roads, to establish schools, to erect places of religious worship, and to devote their energies generally to reclaim the wilderness, and to lay the foundations of a flourishing and prosperous commonwealth. If, in this incipient condition, with a population of a few thousand, they should prematurely enter the Union, they are oppressed by the burden of State taxation, and the means necessary for the improvement of the Territory and the advancement of their own interests are thus diverted to very different purposes.

The federal government has ever been a liberal parent to the Territories, and a generous contributor to the useful enterprises of the early settlers. It has paid the expenses of their governments and legislative assemblies out of the common treasury, and thus relieved them from a heavy charge. Under these circumstances, nothing can be better calculated to retard their material progress than to divert them from their useful employments, by prematurely exciting angry political contests among themselves, for the benefit of aspiring Leaders. It is surely no hardship for embryo governors, senators, and members of Congress, to wait until the number of inhabitants shall equal those of a single congressional district. They surely ought not to be permitted to rush into the Union with a population less than one-half of several of the large counties in the interior of some of the States. This was the condition of Kansas when it made 0013 13 application to be admitted under the Topeka constitution. Besides, it requires some time to render the mass of a population collected in a new Territory at all homogeneous, and to unite them on anything like a fixed policy. Establish the rule and all will look forward to it and govern themselves accordingly.

But justice to the people of the several States requires that this rule should be established by Congress. Each State is entitled to two senators and at least one representative in Congress. Should the people of the States fail to elect a Vice President, the power devolves upon the Senate to select this officer from the two highest candidates on the list. In case of the death of the President, the Vice President, thus elected by the Senate, becomes President of the United States. On all questions of legislation the senators from the smallest States of the Union have an equal vote with those from the largest. The same; may be said in regard to the ratification of treaties and of Executive appointments. All this has worked admirably in practice, whilst it conforms in principle with the character of a government instituted by sovereign States. I presume no American citizen would desire the slightest change in the arrangement. Still, is it not unjust and unequal to the existing States to invest some forty or fifty thousand people collected in a Territory with the attributes of sovereignty, and place them on an equal footing with Virginia and New York in the Senate of the United States?

For these reasons, I earnestly recommend the passage of a general act, which shall provide that, upon the application of a territorial legislature, declaring their belief that the Territory contains a number of inhabitants which, if in a State, would entitle them to elect a member of Congress, it shall be the duty of the President to cause a census of the inhabitants to be taken, and if found sufficient, then by the terms of this act to authorize them to proceed “in their own way” to frame a State constitution preparatory to admission into the Union. I also recommend that an appropriation may be made, to enable the President to take a census of the people of Kansas.

The present condition of the Territory of Utah, when contrasted with what it was one year ago, is a subject for congratulation. It was then in a state of open rebellion, and, cost what it might, the character of the government required that this rebellion should be suppressed and the Mormons compelled to yield obedience to the Constitution and the laws. In order to accomplish this object, as I informed you in my last annual message, I appointed a new governor instead of Brigham Young, and other federal officers to take the place of those who, consulting their personal safety, had found it necessary to withdraw from the Territory. To protect these civil officers, and to aid them, as a posse comitatus, in the execution of the laws in case of need, I ordered a detachment of the army to accompany them to Utah. The necessity for adopting these measures is now demonstrated.

On the 15th of September, 1857, Governor Young issued his proclamation, in the style of an independent sovereign, announcing his purpose to resist by force of arms the entry of the United States troops into our own Territory of Utah. By this he required all the forces in the Territory to “hold themselves in readiness to march 0014 14 at a moment's notice to repel any and all such invasion,” and established martial law from its date throughout the Territory. These proved to be no idle threats. Forts Bridger and Supply were vacated and burnt down by the Mormons, to deprive our troops of a shelter after their long and fatiguing march. Orders were issued by Daniel H. Wells, styling himself “Lieutenant General, Nauvoo Legion,” to stampede the animals of the United States troops on their march, to set fire to their trains, to burn the grass and the whole country before them and on their flanks, to keep them from sleeping by night surprises, and to blockade the road by telling trees, and destroying the fords of rivers, &c, &c., &c.

These orders were promptly and effectually obeyed. On the 4th of October, 1857, the Mormons captured and burned, on Green river, three of our supply trains, consisting of seventy-five wagons loaded with provisions and tents for the army, and carried away several hundred animals. This diminished the supply of provisions so materially that General Johnston was obliged to reduce the ration, and even with this precaution there was only sufficient left to subsist the troops until the first of June.

Our little army behaved admirably in their encampment at Fort Bridger under these trying privations. In the midst of the mountains, in a dreary, unsettled, and inhospitable region, more than a thousand miles from home, they passed the severe and inclement winter without a murmur. They looked forward with confidence for relief from their country in due season, and in this they were not disappointed.

The Secretary of War employed all his energies to forward them the necessary supplies, and to muster and send such a military force to Utah as would render resistance on the part of the Mormons hopeless, and thus terminate the war without the effusion of blood. In his efforts he was efficiently sustained by Congress. They granted appropriations sufficient to cover the deficiency thus necessarily created, and also provided for raising two regiments of volunteers “for the purpose of quelling disturbances in the Territory of Utah, for the protection of supply and emigrant trains, and the suppression of Indian hostilities on the frontiers.” Happily, there was no occasion to call these regiments into service. If there had been, I should have felt serious embarrassment in selecting them, so great was the number of our brave and patriotic citizens anxious to serve their country in this distant and apparently dangerous expedition. Thus it has ever been, and thus may it ever be!

The wisdom and economy of sending sufficient reinforcements to Utah are established not only by the event, but in the opinion of those who, from their position and opportunities, are the most capable of forming a correct judgment. General Johnston, the commander of the forces, in addressing the Secretary of War from Fort Bridger, under date of October 18, 1857, expresses the opinion that “unless a large force is sent here, from the nature of the country, a protracted war on their [the Mormons] part is inevitable.” This he considered necessary, to terminate the war “speedily and more economically than if attempted by insufficient means.”

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In the meantime it was my anxious desire that the Mormons should yield obedience to the Constitution and the laws, without rendering it necessary to resort to military force. To aid in accomplishing this object I deemed it advisable, in April last, to despatch two distinguished citizens of the United States, Messrs. Powell and McCulloch, to Utah. They bore with them a proclamation addressed by myself to the inhabitants of Utah, dated on the 6th day of that month, warning them of their true condition, and how hopeless it was on their part to persist in rebellion against the United States, and offering all those who should submit to the laws a full pardon for their past seditions and treasons. At the same time I assured those who should persist in rebellion against the United States that they must expect no further lenity, but look to be rigorously dealt with, according to their deserts. The instructions to these agents, as well as a copy of the proclamation and their reports, are herewith submitted. It will be seen by their report of the 3d of July last that they have fully confirmed the opinion expressed by General Johnston in the previous October as to the necessity of sending reinforcements to Utah. In this they state that they “are firmly impressed with the belief that the presence of the army here, and the large additional force that had been ordered to this Territory, were the chief inducements that caused the Mormons to abandon the idea of resisting the authority of the United States. A less decisive policy would probably have resulted in a long, bloody, and expensive war.”

These gentlemen conducted themselves to my entire satisfaction, and rendered useful services in executing the humane intentions of the government.

It also affords me great satisfaction to state that Governor Cumming has performed his duty in an able and conciliatory manner, and with the happiest effect. I cannot, in this connexion, refrain from mentioning the valuable services of Colonel Thomas L. Kane, who, from motives of pure benevolence, and without any official character or pecuniary compensation, visited Utah during the last inclement winter for the purpose of contributing to the pacification of the Territory.

I am happy to inform you that the governor and other civil officers. of Utah are now performing their appropriate functions without resistance. The authority of the Constitution and the laws has been fully restored, and peace prevails throughout the Territory.

A portion of the troops sent to Utah are now encamped in Cedar valley, forty-four miles southwest of Salt Lake city, and the remainder have been ordered to Oregon to suppress Indian hostilities.

The march of the army to Salt Lake city, through the Indian Territory, has had a powerful effect in restraining the hostile feelings against the United States which existed among the Indians in that region, and in securing emigrants to the Far West against their depredations. This will also be the means of establishing military posts and promoting settlements along the route.

I recommend that the benefits of our land laws and pre-emption system be extended to the people of Utah, by the establishment of a land office in that Territory.

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I have occasion, also, to congratulate you on the result of our negotiations with China.

You were informed by my last annual message that our minister had been instructed to occupy a neutral position in the hostilities conducted by Great Britain and France against Canton. He was, however, at the same time, directed to co-operate cordially with the British and French ministers in all peaceful measures to secure by treaty those just concessions to foreign commerce which the nations of the world had a right to demand. It was impossible for me to proceed further than this on my own authority, without usurping the war-making power, Which, under the Constitution, belongs exclusively to Congress.

Besides, after a careful examination of the nature and extent of our grievances, I did not believe they were of such a pressing and aggravated character as would have justified Congress declaring war against the Chinese empire without first making another earnest attempt to adjust them by peaceful negotiation. I was the more inclined to this opinion, because of the severe chastisement which had then but recently been inflicted upon the Chinese by our squadron in the capture and destruction of the Barrier forts to avenge an alleged insult to our flag.

The event has proved the wisdom of our neutrality. Our minister has executed his instructions with eminent skill and ability. In conjunction with the Russian plenipotentiary, he has peacefully, but effectually, co-operated with the English and French plenipotentiaries; and each of the four powers has concluded a separate treaty with China, of a highly satisfactory character. The treaty concluded by our own plenipotentiary will immediately be submitted to the Senate.

I am happy to announce that, through the energetic yet conciliatory efforts of our consul general in Japan, a new treaty has been concluded with that empire, which may be expected materially to augment our trade and intercourse in that quarter, and remove from our countrymen the disabilities which have heretofore been imposed upon the exercise of their religion. The treaty shall be submitted to the Senate for approval without delay.

It is my earnest desire that every misunderstanding with the government of Great Britain should be amicably and speedily adjusted. It has been the misfortune of both countries, almost ever since the period of the revolution, to have been annoyed by a succession of irritating and dangerous questions, threatening their friendly relations. This has partially prevented the full development of those feelings of mutual friendship between the people of the two countries, so natural in themselves and so conducive to their common interest. Any serious interruption of the commerce between the United States and Great Britain would be equally injurious to both. In fact, no two nations have ever existed on the face of the earth which could do each other so much good or so much harm.

Entertaining these sentiments, I am gratified to inform you that the long-pending controversy between the two governments, in relation to the question of visitation and search, has been amicably adjusted. The claim, on the part of Great Britain, forcibly to visit American 0017 17 vessels on the high seas in time of peace could not be sustained under the law of nations, and it had been overruled by her own most eminent jurists. This question was recently brought to an issue by the repeated acts of British cruisers, in boarding and searching our merchant vessels in the Gulf of Mexico and the adjacent seas. These acts were the more injurious and annoying, as these waters are traversed by a large portion of the commerce and navigation of the United States, and their free and unrestricted use is essential to the security of the coastwise trade between the different States of the Union. Such vexatious interruptions could not fail to excite the feelings of the country, and to require the interposition of the Government. Remonstrances were addressed to the British government against these violations of our rights of sovereignty, and a naval force was at the same time ordered to the Cuban waters, with directions “to protect all vessels of the United States on the high seas from search or detention by the vessels-of-war of any other nation.” These measures received the unqualified and even enthusiastic approbation of the American people. Most fortunately, however, no collision took place, and the British government promptly avowed its recognition of the principles of international law upon this subject as laid down by the government of the United States in the note of the Secretary of State to the British minister at Washington, of April 10, 1858, which secure the vessels of the United States upon the high seas from visitation or search in time of peace, under any circumstances whatever. The claim has been abandoned in a manner reflecting honor on the British government, and evincing a just regard for the law of nations, and cannot fail to strengthen the amicable relations between the two countries.

The British government, at the same time, proposed to the United States that some mode should be adopted, by mutual arrangement between the two countries, of a character which may be found effective without being offensive, for verifying the nationality of vessels suspected on good grounds of carrying false colors. They have also invited the United States to take the initiative, and propose measures for this purpose. Whilst declining to assume so grave a responsibility, the Secretary of State has informed the British government that we are ready to receive any proposals which they may feel disposed to offer, having this object in vie% and to consider them in an amicable spirit. A strong opinion is, however, expressed, that the occasional abuse of the flag of any nation is an evil far less to be deprecated than would be the establishment of any regulations which might be incompatible with the freedom of the seas. This government has yet received no communication specifying the manner in which the British government would propose to carry out their suggestion, and I am inclined to believe that no plan which can be devised will be free from grave embarrassments. Still, I shall form no decided opinion on the subject until I shall have carefully and in the best spirit examined any proposals which they may think proper to make.

I am truly sorry I cannot also inform you that the complications 2 0018 18 between Great Britain and the United States arising out of the Clayton and Bulwer treaty of April, 1850, have been finally adjusted.

At the commencement of your last session I had reason to hope that, emancipating themselves from further unavailing discussions, the two governments would proceed to settle the Central American questions in a practical manner, alike honorable and satisfactory to both; and this hope I have not yet abandoned. In my last annual message I stated that overtures had been made by the British government for this purpose in a friendly spirit, which I cordially reciprocated. Their proposal was, to withdraw these questions from direct negotiation between the two governments; but to accomplish the same object by a negotiation between the British government and each of the Central American republics whose territorial interests are immediately involved. The settlement was to be made in accordance with the general tenor of the interpretation placed upon the Clayton and Bulwer treaty by the United States, with certain modifications. As negotiations are still pending upon this basis, it would not be proper for me now to communicate their present condition. A final settlement of these questions is greatly to be desired, as this would wipe out the last remaining subject of dispute between the two countries.

Our relations with the great empires of France and Russia, as well as with all other governments on the continent of Europe, except that of Spain, continue to be of the most friendly character.

With Spain our relations remain in an unsatisfactory condition. In my message of December last I informed you that our envoy extraordinary and minister plenipotentiary to Madrid had asked for his recall; and it was my purpose to send out a new minister to that court, with special instructions on all questions pending between the two governments, and with a determination to have them speedily and amicably adjusted, if that were possible. This purpose has been hitherto defeated by causes which I need not enumerate.

The mission to Spain has been intrusted to a distinguished citizen of Kentucky, who will proceed to Madrid without delay, and make another and a final attempt to obtain justice from that government.

Spanish officials, under the direct control of the captain general of Cuba, have insulted our national flag, and in repeated instances have, from time to time, inflicted injuries on the persons and property of our citizens. These have given birth to numerous claims against the Spanish government, the merits of which have been ably discussed for a series of years by our successive diplomatic representatives. Notwithstanding this, we have not arrived at a practical result in any single instance, unless we may except the case of the Black Warrior, under the late administration; and that presented an outrage of such a character as would have justified an immediate resort to war. All our attempts to obtain redress have been baffled and defeated. The frequent and oft-recurring changes in the Spanish ministry have been employed as reasons for delay. We have been compelled to wait, again and again, until the new minister shall have had time to investigate the justice of our demands.

Even what have been denominated “the Cuban claims,” in which more than a hundred of our citizens are directly interested, have furnished 0019 19 no exception. These claims were for the refunding of duties unjustly exacted from American vessels at different custom-houses in Cuba So long ago as the year 1844. The principles upon which they rest are so manifestly equitable and just, that, after a period of nearly ten years, in 1854 they were recognized by the Spanish government. Proceedings were afterwards instituted to ascertain their amount, and this was finally fixed according to their own statement (with which we were satisfied) at the sum of one hundred and twenty-eight thousand six hundred and thirty-five dollars and fifty-four cents. Just at the moment, after a delay of fourteen years, when we had reason to expect that this sum would be repaid with interest, we have received a proposal offering to refund one-third of that amount, (forty-two thousand eight hundred and seventy-eight dollars and forty-one cents,) but without interest, if we would accept this in full satisfaction. The offer is also accompanied by a declaration that this indemnification is not founded on any reason of strict justice, but is made as a special favor.

One alleged cause for procrastination in the examination and adjustment of our claims arises from an obstacle which it is the duty of the Spanish government to remove. Whilst the captain general of Cuba is invested with general despotic authority in the government of that island, the power is withheld from him to examine and redress wrongs committed by officials under his control on citizens of the United States. Instead of making our complaints directly to him at Havana, we are obliged to present them through our minister at Madrid. These are then referred back to the captain general for information, and much time is thus consumed in preliminary investigations and correspondence between Madrid and Cuba before the Spanish government will consent to proceed to negotiation. Many of the difficulties between the two governments would be obviated, and a long train of negotiation avoided, if the captain general were invested with authority to settle questions of easy solution on the spot, where all the facts are fresh, and could be promptly and satisfactorily ascertained. We have hitherto in vain urged upon the Spanish government to confer this power upon the captain general, and our minister to Spain will again be instructed to urge this subject on their notice. In this respect we occupy a different position from the powers of Europe. Cuba is almost within sight of our shores; our commerce with it is far greater than that of any ether nation, including Spain itself, and our citizens are in habits of daily and extended personal intercourse with every part of the island. It is, therefore, a great grievance that when any difficulty occurs, no matter how unimportant, which might be readily settled at the moment, we should be obliged to resort to Madrid, especially when the very first step to be taken there is to refer it back to Cuba.

The truth is, that Cuba, in its existing colonial condition, is a constant source of injury and annoyance to the American people. It is the only spot in the civilized world where the African slave trade is tolerated; and we are bound by treaty with Great Britain to maintain a naval force on the coast of Africa, at much expense both of life and treasure, solely for the purpose of arresting slavers bound to that 0020 20 island. The late serious difficulties between the United States and Great Britain respecting the right of search, now so happily terminated, could never have arisen if Cuba had not afforded a market for slaves. As long as this market shall remain open, there can be no hope for the civilization of benighted Africa. Whilst the demand for slaves continues in Cuba, wars will be waged among the petty and barbarous chiefs in Africa for the purpose of seizing subjects to supply this trade. In such a condition of affairs, it is impossible that the light of civilization and religion can ever penetrate these dark abodes.

It has been made known to the world by my predecessors that the United States have, on several occasions, endeavored to acquire Cuba from Spain by honorable negotiation. If this were accomplished, the last relic of the African slave trade would instantly disappear. We would not, if we could, acquire Cuba in any other manner. This is due to our national character. All the territory which we have acquired since the origin of the government has been by fair purchase from France, Spain, and Mexico, or by the free and voluntary act of the independent State of Texas in blending her destinies with our own. This course we shall ever pursue, unless circumstances should occur, which we do not now anticipate, rendering a departure from it clearly justifiable, under the imperative and overruling law of self-preservation.

The island of Cuba, from its geographical position, commands the mouth of the Mississippi, and the immense and annually increasing trade, foreign and coastwise, from the valley of that noble river, now embracing half the sovereign States of the Union. With that island under the dominion of a distant foreign power, this trade, of vital importance to these States, is exposed to the danger of being destroyed in time of war, and it has hitherto been subjected to perpetual injury and annoyance in time of peace. Our relations with Spain, which ought to be of the most friendly character, must always be placed in jeopardy, whilst the existing colonial government over the island shall remain in its present condition.

Whilst the possession of the island would be of vast importance to the United States, its value to Spain is, comparatively, unimportant. Such was the relative situation of the parties when the great Napoleon transferred Louisiana to the United States. Jealous, as he ever was, of the national honor and interests of France, no person throughout the world has imputed blame to him for accepting a pecuniary equivalent for this cession.

The publicity which has been given to our former negotiations upon this subject, and the large appropriation which may be required to effect the purpose, render it expedient, before making another attempt to renew the negotiation, that I should lay the whole subject before Congress. This is especially necessary, as it may become indispensable to success, that I should be intrusted with the means of making an advance to the Spanish government immediately after the signing of the treaty, without awaiting the ratification of it by the Senate. I am encouraged to make this suggestion by the example of Mr. Jefferson, previous to the purchase of Louisiana from France, and by that of Mr. Polk, in view of the acquisition of territory from Mexico. I 0021 21 refer the whole subject to Congress, and commend it to their careful consideration.

I repeat the recommendation made in my message of December last in favor of an appropriation “to be paid to the Spanish government for the purpose of distribution among the claimants in the Amistad case.” President Polk first made a similar recommendation in December, 1847, and it was repeated by my immediate predecessor in December, 1853. I entertain no doubt that indemnity is fairly due to these claimants under our treaty with Spain of October 27, 1795; and whilst demanding justice we ought to do justice. An appropriation promptly made for this purpose could not fail to exert a favorable influence on our negotiations with Spain.

Our position in relation to the independent States south of us on this continent, and especially those within the limits of North America, is of a peculiar character. The northern boundary of Mexico is coincident with our own southern boundary from ocean to ocean, and we must necessarily feel a deep interest in all that concerns the well being and the fate of so near a neighbor. We have always cherished the kindest wishes for the success of that republic, and have indulged the hope that it might at last, after all its trials, enjoy peace and prosperity under a free and stable government. We have never hitherto interfered, directly or indirectly, with its internal affairs, and it is a duty which we owe to ourselves to protect the integrity of its territory against the hostile interference of any other power. Our geographical position, our direct interest in all that concerns Mexico, and our well-settled policy in regard to the North American continent, render this an indispensable duty.

Mexico has been in a state of constant revolution almost ever since it achieved its independence. One military leader after another has usurped the government in rapid succession; and the various constitutions from time to time adopted have been set at naught almost as soon as they were proclaimed. The successive governments have afforded no adequate protection, either to Mexican citizens or foreign residents, against lawless violence. Heretofore, a seizure of the capital by a military chieftain has been generally followed by at least the nominal submission of the country to his rule for a brief period; but not so at the present crisis of Mexican affairs. A civil war has been raging for some time throughout the republic between the central government at the city of Mexico, which has endeavored to subvert the constitution last framed by military power, and those who maintain the authority of that constitution. The antagonist parties each hold possession of different States of the republic, and the fortunes of the war are constantly changing. Meanwhile the most reprehensible means have been employed by both parties to extort money from foreigners, as well as natives, to carry on this ruinous contest. The truth is, that this fine country, blessed with a productive soil and a benign climate, has been reduced by civil dissension to a condition of almost hopeless anarchy and imbecility. It would be vain for this government to attempt to enforce payment in money of the claims of American citizens, now amounting to more than ten million dollars, against Mexico, because she is destitute of all pecuniary means to satisfy these demands.

0022 22

Our late minister was furnished with ample powers and instructions for the adjustment of all pending questions with the central government of Mexico, and he performed his duty with zeal and ability. The claims of our citizens, some of them arising out of the violation of an express provision of the treaty of Guadalupe Hidalgo, and others from gross injuries to persons as well as property, have remained unredressed, and even unnoticed. Remonstrances against these grievances have been addressed, without effect, to that government. Meantime, in various parts of the republic, instances have been numerous of the murder, imprisonment, and plunder of our citizens by different parties claiming and exercising a local jurisdiction; but the central government, although repeatedly urged thereto, have made no effort either to punish the authors of these outrages or to prevent their recurrence. No American citizen can now visit Mexico on lawful business without imminent danger to his person and property. There is no adequate protection to either; and in this respect our treaty with that republic is almost a dead letter.

This state of affairs was brought to a crisis in May last by the promulgation of a decree levying a contribution pro rata upon all the capital in the republic, between certain specified amounts, whether held by Mexicans or foreigners. Mr. Forsyth, regarding this decree in the light of a “forced loan,” formally protested against its application to his countrymen, and advised them not to pay the contribution, but to suffer it to be forcibly exacted Acting upon this advice an American citizen refused to pay the contribution, and his property was seized by armed men to satisfy the amount. Not content with this, the government proceeded still further and issued a decree banishing him from the country. Our minister immediately notified them that, if this decree should be carried into execution, he would feel it to be his duty to adopt “the most decided measures that belong to the powers and obligations of the representative office.” Notwithstanding this warning, the banishment was enforced, and Mr. Forsyth promptly announced to the government the suspension of the political relations of his legation with them, until the pleasure of his own government should be ascertained.

This government did not regard the contribution imposed by the decree of the 15th May last to be in strictness a “forced loan,” and as such prohibited by the 10th article of the treaty of 1826 between Great Britain and Mexico, to the benefits of which American citizens are entitled by treaty; yet the imposition of the contribution upon foreigners was considered an unjust and oppressive measure. Besides, internal factions in other parts of the republic were at the same time levying similar exactions upon the property of our citizens and interrupting their commerce. There had been an entire failure on the part of our minister to secure redress for the wrongs which our citizens had endured, notwithstanding his persevering efforts. And from the temper manifested by the Mexican government he had repeatedly assured us that no favorable change could be expected until the United States should “give striking evidence of their will and power to protect their citizens,” and that “severe chastening is the only earthly remedy for our grievances.” From this statement of facts, it would have been 0023 23 worse than idle to direct Mr. Forsyth to retrace his steps and resume diplomatic relations with that government; and it was therefore deemed proper to sanction his withdrawal of the legation from the city of Mexico.

Abundant cause now undoubtedly exists for a resort to hostilities against the government still holding possession of the capital. Should they succeed in subduing the constitutional forces all reasonable hope will then have expired of a peaceful settlement of our difficulties.

On the other hand, should the constitutional party prevail and their authority be established over the republic, there is reason to hope that they will be animated by a less unfriendly spirit, and may grant that redress to American citizens which justice requires, so far as they may possess the means. But for this expectation I should at once have recommended to Congress to grant the necessary power to the President to take possession of a sufficient portion of the remote and unsettled territory of Mexico, to be held in pledge until our injuries shall be redressed and our just demands be satisfied? We have already exhausted every milder means of obtaining justice. In such a case this remedy of reprisals is recognised by the law of nations, not only as just in itself, but as a means of preventing actual war.

But there is another view of our relations with Mexico, arising from the unhappy condition of affairs along our southwestern frontier, which demands immediate action. In that remote region, where there are but few white inhabitants, large bands of hostile and predatory Indians roam promiscuously over the Mexican States of Chihuahua and Sonora, and our adjoining Territories. The local governments of these States are perfectly helpless, and are kept in a state of constant alarm by the Indians. They have not the power, if they possessed the will, even to restrain lawless Mexicans from passing the border and committing depredations on our remote settlers. A state of anarchy and violence prevails throughout that distant frontier. The laws are a dead letter, and life and property wholly insecure. For this reason the settlement of Arizona is arrested, whilst it is of great importance that a chain of inhabitants should extend all along its southern border, sufficient for their own protection and that of the United States mail passing to and from California. Well-founded apprehensions are now entertained, that the Indians, and wandering Mexicans equally lawless, may break up the important stage and postal communication recently established between our Atlantic and Pacific possessions. This passes very near to the Mexican boundary throughout the whole length of Arizona. I can imagine no possible remedy for these evils, and no mode of restoring law and order on that remote and unsettled frontier, but for the government of the United States to assume a temporary protectorate over the northern portions of Chihuahua and Sonora, and to establish military posts within the same—and this I earnestly recommend to Congress. This protection may be withdrawn as soon as local governments shall be established in these Mexican States, capable of performing their duties to the United States, restraining the lawless, and preserving peace along the border.

I do not doubt that this measure will be viewed in a friendly spirit by the governments and people of Chihuahua and Sonora, as it will 0024 24 prove equally effectual for the protection of their citizens on that remote and lawless frontier, as for citizens of the United States.

And, in this connexion, permit me to recall your attention to the condition of Arizona. The population of that Territory, numbering, as is alleged, more than ten thousand souls, are practically without a government, without laws, and without any regular administration of justice. Murder and other crimes are committed with impunity. This state of things calls loudly for redress, and I therefore repeat my recommendation for the establishment of a territorial government over Arizona.

The political condition of the narrow isthmus of Central America, through which transit routes pass between the Atlantic and Pacific oceans, presents a subject of deep interest to all commercial nations. It is over these transits that a large proportion of the trade and travel between the European and Asiatic continents is destined to pass. To the United States these routes are of incalculable importance as a means of communication between their Atlantic and Pacific possessions. The latter now extend throughout seventeen degrees of latitude on the Pacific coast, embracing the important State of California and the flourishing Territories of Oregon and Washington. All commercial nations, therefore, have a deep and direct interest that these communications shall be rendered secure from interruption. If an arm of the sea connecting the two oceans penetrated through Nicaragua and Costa Rica, it could not be pretended that these States would ave the right to arrest or retard its navigation, to the injury of other nations. The transit by land over this narrow isthmus occupies nearly the same position. It is a highway in which they themselves have little interest when compared with the vast interests of the rest of the world. Whilst their rights of sovereignty ought to be respected, it is the duty of other nations to require that this important passage shall not be interrupted by the civil wars and revolutionary outbreaks which have so frequently occurred in that region. The stake is too important to be left at the mercy of rival companies claiming to hold conflicting contracts with Nicaragua. The commerce of other nations is not to stand still and await the adjustment of such petty controversies. The government of the United States expect no more than this, and they will not be satisfied with less. They would not, if they could, derive any advantage from the Nicaragua transit not common to the rest of the world. Its neutrality and protection for the common use of all nations is their only object. They have no objection that Nicaragua shall demand and receive a fair compensation from the companies and individuals who may traverse the route; but they insist that it shall never hereafter be closed by an arbitrary decree of that government. If disputes arise between it and those with whom they may have entered into contracts, these must be adjusted by some fair tribunal provided for the purpose, and the route must not be closed pending the controversy. This is our whole policy, and it cannot fail to be acceptable to other nations.

All these difficulties might be avoided, if, consistently with the good faith of Nicaragua, the use of this transit could be thrown open to general competition; providing at the same time for the payment of 0025 25 a reasonable rate to the Nicaraguan government on passengers and freight.

In August, 1852, the Accessory Transit Company made its first interoceanic trip over the Nicaraguan route, and continued in successful operation with great advantage to the public, until the 18th February, 1856, when it was closed, and the grant to this company as well as its charter, were summarily and arbitrarily revoked by the government of President Rivas. Previous to this date, however, in 1854, serious disputes concerning the settlement of their accounts had arisen between the company and the government, threatening the interruption of the route at any moment. These the United States in vain endeavored to compose. It would be useless to narrate the various proceedings which took place between the parties up till the time when the transit was discontinued. Suffice it to say that, since February, 1856, it has remained closed, greatly to the prejudice of citizens of the United States. Since that time the competition has ceased between the rival routes of Panama and Nicaragua, and in consequence thereof, an unjust and unreasonable amount has been exacted from our citizens for their passage to and from California.

A treaty was signed on the 16th day of November, 1857, by the Secretary of State and minister of Nicaragua, under the stipulations of which the use and protection of the transit route would have been secured not only to the United States, but equally to all other nations. How, and on what pretext this treaty has failed to receive the ratification of the Nicaraguan government, will appear by the papers herewith communicated from the State Department. The principal objection seems to have been to the provision authorizing the United States to employ force to keep the route open, in case Nicaragua should fail to perform her duty in this respect. From the feebleness of that republic, its frequent changes of government, and its constant internal dissensions this had become a most important stipulation, and one essentially necessary not only for the security of the route, but for the safety of American citizens passing and repassing to and from our Pacific possessions. Were such a stipulation embraced in a treaty between the United States and Nicaragua, the knowledge of this fact would of itself most probably prevent hostile parties from committing aggressions on the route, and render our actual interference for its protection unnecessary.

The Executive government of this country, in its intercourse with foreign nations, is limited to the employment of diplomacy alone. When this fails it can proceed no further. It cannot legitimately resort to force without the direct authority of Congress, except in resisting and repelling hostile attacks. It would have no authority to enter the territories of Nicaragua, even to prevent the destruction of the transit, and protect the lives and property of our own citizens on their passage. It is true, that on a sudden emergency of this character, the President would direct any armed force in the vicinity to march to their relief; but in doing this he would act upon his own responsibility.

Under these circumstances, I earnestly recommend to Congress the passage of an act authorizing the President, under such restrictions as they may deem proper, to employ the land and naval forces of the 0026 26 United States in preventing the transit from being obstructed or closed by lawless violence, and in protecting the lives and property of American citizens travelling thereupon, requiring at the same time that these forces shall be withdrawn the moment the danger shall have passed away. Without such a provision our citizens will be constantly exposed to interruption in their progress, and to lawless violence.

A similar necessity exists for the passage of such an act for the protection of the Panama and Tehuantepec routes.

In reference to the Panama route, the United States, by their existing treaty with New Granada, expressly guaranty the neutrality of the isthmus, “with the view that the free transit from the one to the other sea may not be interrupted or embarrassed in any future time while this treaty exists?”

In regard to the Tehuantepec route, which has been recently opened under the most favorable auspices, our treaty with Mexico of the 30th December, 1853, secures to the citizens of the United States a right of transit over it for their persons and merchandise, and stipulates that neither government shall “interpose any obstacle” thereto. It also concedes to the United States the “right to transport across the isthmus, in closed bags, the mails of the United States not intended for distribution along the line of the communication; also, the effects of the United States government and its citizens which may be intended for transit, and not for distribution on the isthmus, free of custom-house or other charges by the Mexican government.”

These treaty stipulations with New Granada and Mexico, in addition to the considerations applicable to the Nicaragua route, seem to require legislation for the purpose of carrying them into effect.

The injuries which have been inflicted upon our citizens in Costa Rica and Nicaragua, during the last two or three years, have received the prompt attention of this government. Some of these injuries were of the most aggravated character. The transaction at Virgin Bay, in April, 1856, when a company of unarmed Americans, who were in no way connected with any belligerent conduct or party, were fired upon by the troops of Costa Rica, and numbers of them killed and wounded, was brought to the knowledge of Congress by my predecessor soon after its occurrence, and was also presented to the government of Costa Rica for that immediate investigation and redress which the nature of the case demanded. A similar course was pursued with reference to other outrages in these countries, some of which were hardly less aggravated in their character than the transaction at Virgin Bay. At the time, however, when our present minister to Nicaragua was appointed, in December, 1857, no redress had been obtained for any of these wrongs, and no reply even had been received to the demands which had been made by this government upon that of Costa Rica more than a year before. Our minister was instructed, therefore, to lose no time in expressing to those governments the deep regret with which the President had witnessed this inattention to the just claims of the United States, and in demanding their prompt and satisfactory adjustment. Unless this demand shall be complied with at an early day, it will only remain for this government to adopt such other measures as may be necessary, 0027 27 in order to obtain for itself that justice which it has in vain attempted to secure by peaceful means from the governments of Nicaragua and Costa Rica. While it has shown, and will continue to show, the most sincere regard for the rights and honor of these republics, it cannot permit this regard to be met by an utter neglect on their part, of What is due to the government and citizens of the United States.

Against New Granada we have long standing causes of complaint, arising out of the unsatisfied claims of our citizens upon that republic; and to these have been more recently added the outrages committed upon our citizens at Panama in April, 1856. A treaty for the adjustment of these difficulties was concluded by the Secretary of State and the minister of New Granada, in September, 1857, which contained just and acceptable provisions for that purpose. This treaty was transmitted to Bogota, and was ratified by the government of New Granada, but with certain amendments. It was not, however, returned to this city until after the close of the last session of the Senate. It will be immediately transmitted to that body for their advice and consent; and should this be obtained, it will remove all our existing causes of complaint against New Granada on the subject of claims.

Questions have arisen between the two governments, as to the right of New Granada to levy a tonnage duty upon the vessels of the United States in its ports of the isthmus, and to levy a passenger tax upon our citizens arriving in that country, whether with a design to remain there or to pass from ocean to ocean by the transit route; and also a tax upon the mail of the United States transported over the Panama railroad. The government of New Granada has been informed, that the United States would consider the collection of either of these taxes, as an act in violation of the treaty between the two countries, and as such would be resisted by the United States. At the same time, we are prepared to discuss these questions in a spirit of amity and justice, and with a sincere desire to adjust them in a satisfactory manner. A negotiation for that purpose has already been commenced. No effort has recently been made to collect these taxes, nor is any anticipated under present circumstances.

With the empire of Brazil our relations are of the most friendly character. The productions of the two countries, and especially those of an agricultural nature, are such as to invite extensive mutual exchanges. A large quantity of American flour is consumed in Brazil, whilst more than treble the amount in value of Brazilian coffee is consumed in the United States. Whilst this is the case, a heavy duty has been levied, until very recently, upon the importation of American flour into Brazil. I am gratified, however, to be able to inform you that in September last this has been reduced from $1 32 to about forty-nine cents per barrel, and the duties on other articles of our production have been diminished in nearly the same proportion.

I regret to state that the government of Brazil still continues to levy an export duty of about 11 per cent. on coffee, notwithstanding this article is admitted free from duty in the United States. This is a heavy charge upon the consumers of coffee in our country, as we purchase half of the entire surplus crop of that article raised in 0028 28 Brazil. Our minister, under instructions, will reiterate his efforts to have this export duty removed; and it is hoped that the enlightened government of the Emperor will adopt this wise, just, and equal policy. In that event, there is good reason to believe that the commerce between the two countries will greatly increase, much to the advantage of both.

The claims of our citizens against the government of Brazil are not in the aggregate, of very large amount; but some of these rest upon plain principles of justice, and their settlement ought not to be longer delayed. A renewed and earnest, and I trust a successful effort will be made by our minister to procure their final adjustment.

On the 2d of June last, Congress passed a joint resolution authorizing the President “to adopt such measures and use such force as, in his judgment, may be necessary and advisable” “for the purpose of adjusting the differences between the United States and the republic of Paraguay, in connexion with the attack on the United States steamer Water Witch, and with other measures referred to” in his annual message. And on the 12th of July following, they made an appropriation to defray the expenses and compensation of a commissioner to that republic, should the President deem it proper to make such an appointment.

In compliance with these enactments, I have appointed a commissioner, who has proceeded to Paraguay, with full powers and instructions to settle these differences in an amicable and peaceful manner, if this be practicable. His experience and discretion justify the hope that he may prove successful in convincing the Paraguayan government that it is due both to honor and justice, that they should voluntarily and promptly make atonement for the wrongs which they have committed against the United States, and indemnify our injured citizens whom they have forcibly despoiled of their property.

Should our commissioner prove unsuccessful, after a sincere and earnest effort to accomplish the object of his mission, then no alternative will remain but the employment of force to obtain “just satisfaction” from Paraguay. In view of this contingency, the Secretary of the Navy, under my direction, has fitted out and despatched a naval force, to rendezvous near Buenos Ayres, which, it is believed, will prove sufficient for the occasion. It is my earnest desire, however, that it may not be found necessary to resort to this last alternative.

When Congress met in December last, the business of the country had just been crushed by one of those periodical revulsions which are the inevitable consequence of our unsound and extravagant system of bank credits and inflated currency. With all the elements of national wealth in abundance, our manufactures were suspended, our useful public and private enterprises were arrested, and thousands of laborers were deprived of employment and reduced to want. Universal distress prevailed among the commercial, manufacturing, and mechanical classes. This revulsion was felt the more severely in the United States, because similar causes had produced the like deplorable effects throughout the commercial nations of Europe. All were experiencing sad reverses at the same moment. Our manufacturers everywhere suffered severely, not because of the recent reduction in the tariff of 0029 29 duties on imports, but because there was no demand at any price for their productions. The people were obliged to restrict themselves in their purchases, to articles of prime necessity. In the general prostration of business the iron manufacturers in different States probably suffered more than any other class, and much destitution was the inevitable consequence among the great number of workmen who had been employed in this useful branch of industry. There could be no supply where there was no demand. To present an example, there could be no demand for railroad iron, after our magnificent system of railroads, extending its benefits to every portion of the Union, had been brought to a dead pause. The same consequences have resulted from similar causes to many other branches of useful manufactures. It is self-evident that where there is no ability to purchase manufactured articles, these cannot be sold, and consequently must cease to be produced.

No government, and especially a government of such limited powers as that of the United States, could have prevented the late revulsion. The whole commercial world seemed for years to have been rushing to this catastrophe. The same ruinous consequences would have followed in the United States, whether the duties upon foreign imports had remained as they were under the tariff of 1846, or had been raised to a much higher standard. The tariff of 1857 had no agency in the result. The general causes existing throughout the world, could not have been controlled by the legislation of any particular country.

The periodical revulsions which have existed in our past history, must continue to return at intervals, so long as our present unbounded system of bank credits shall prevail. They will, however, probably be the less severe in future; because it is not to be expected, at least for many years to come, that the commercial nations of Europe, with whose interests our own are so materially involved, will expose themselves to similar calamities. But this subject was treated so much at large in my last annual message that I shall not now pursue it further. Still, I respectfully renew the recommendation in favor of the passage of a uniform bankrupt law, applicable to banking institutions. This is all the direct power over the subject which, I believe, the federal government possesses. Such a law would mitigate, though it might not prevent the evil. The instinct of self-preservation might produce a wholesome restraint upon their banking business, if they knew in advance that a suspension of specie payments would inevitably produce their civil death.

But the effects of the revulsion are now slowly but surely passing away. The energy and enterprise of our citizens with our unbounded resources, will, within the period of another year, restore a state of wholesome industry and trade. Capital has again accumulated in our large cities. The rate of interest is there very low. Confidence is gradually reviving, and so soon as it is discovered that this capital can be profitably employed in commercial and manufacturing enterprises, and in the construction of railroads and other works of public and private improvement, prosperity will again smile throughout the land. It is vain, however, to disguise the fact from ourselves, that a speculative 0030 30 inflation of our currency, without a corresponding inflation in other countries whose manufactures come into competition with our own, must ever produce disastrous results to our domestic manufactures. No tariff short of absolute prohibition can prevent these evil consequences.

In connexion with this subject, it is proper to refer to our financial condition. The same causes which have produced pecuniary distress throughout the country, have so reduced the amount of imports from foreign countries, that the revenue has proved inadequate to meet the necessary expenses of the government. To supply the deficiency, Congress, by the act of December 23, 1857, authorized the issue of $20,000,000 of Treasury notes; and this proving inadequate, they authorized, by the act of June 14, 1858, a loan of $20,000,000 “to be applied to the payment of appropriations made by law.”

No statesman would advise that we should go on increasing the national debt to meet the ordinary expenses of the government. This would be a most ruinous policy. In case of war our credit must be our chief resource, at least for the first year, and this would be greatly impaired by having contracted a large debt in time of peace. It is our true policy to increase our revenue so as to equal our expenditures. It would be ruinous to continue to borrow. Besides it may be proper to observe that the incidental protection thus afforded by a revenue tariff would at the present moment, to some extent, increase the confidence of the manufacturing interests, and give a fresh impulse to our reviving business. To this surely no person will object.

In regard to the mode of assessing and collecting duties under a strictly revenue tariff, I have long entertained and often expressed the opinion that sound policy requires this should be done by specific duties, in cases to which these can be properly applied. They are well adapted to commodities which are usually sold by weight or by measure, and which from their nature, are of equal or of nearly equal value. Such, for example, are the articles of iron of different classes, raw sugar, and foreign wines and spirits.

In my deliberate judgment, specific duties are the best, if not the only means of securing the revenue against false and fraudulent invoices, and such has been the practice adopted for this purpose by other commercial nations. Besides, specific duties would afford to the American manufacturer the incidental advantages to which he is fairly entitled under a revenue tariff. The present system is a sliding scale to his disadvantage. Under it, when prices are high and business prosperous, the duties rise in amount when he least requires their aid. On the contrary, when prices fall and he is struggling against adversity, the duties are diminished in the same proportion, greatly to his injury.

Neither would there be danger that a higher rate of duty than that intended by Congress, could be levied in the form of specific duties. It would be easy to ascertain the average value of any imported article for a series of years; and, instead of subjecting it to an ad valorem duty at a certain rate per centum, to substitute in its place an equivalent specific duty.

By such an arrangement the consumer would not be injured. It is 0031 31 true, he might have to pay a little more duty on a given article in one year; but if so, he would pay a little less in another, and in a series of years these would counterbalance each other, and amount to the same thing so far as his interest is concerned. This inconvenience would be trifling when contrasted with the additional security thus afforded against frauds upon the revenue, in which every consumer is directly interested.

I have thrown out these suggestions as the fruit of my own observation, to which Congress, in their better judgment, will give such weight as they may justly deserve.

The report of the Secretary of the Treasury will explain in detail the operations of that department of the government. The receipts into the treasury from all sources during the fiscal year ending June 30, 1858, including the treasury notes authorized by the act of December 23, 1857, were seventy million two hundred and seventy-three thousand eight hundred and sixty-nine dollars and fifty-nine cents, ($70,273,869 59,) which amount, with the balance of seventeen million seven hundred and ten thousand one hundred and fourteen dollars and twenty-seven cents ($17,710,114 27) remaining in the treasury at the commencement of the year, made an aggregate for the service of the year of eighty-seven million nine hundred and eighty-three thousand nine hundred and eighty-three dollars, and eighty-six cents, ($87,983,983 86.)

The public expenditures during the fiscal year ending June 30, 1858, amounted to eighty-one million five hundred and eight-five thousand six hundred and sixty-seven dollars and seventy-six cents, ($81,585,667 76,) of which nine million six hundred and eight-four thousand five hundred and thirty-seven dollars and ninety-nine cents ($9,684,537 99) were applied to the payment of the public debt, and the redemption of treasury notes with the interest thereon, leaving in the treasury on July 1, 1858, being the commencement of the present fiscal year, six million three hundred and ninety-eight thousand three hundred and sixteen dollars and ten cents, ($6,398,316 10.)

The receipts into the treasury, during the first quarter of the present fiscal year, commencing the 1st of July, 1858, including one-half of the loan of twenty million dollars, with the premium upon it, authorized by the act of June 14, 1858, were twenty-five million two hundred and thirty thousand eight hundred and seventy-nine dollars and forty-six cents, ($25,230,879 46,) and the estimated receipts for the remaining three quarters to the 30th of June, 1859, from ordinary sources, are thirty-eight million five hundred thousand dollars, ($38,500,000,) making with the balance before stated an aggregate of seventy million one hundred and twenty-nine thousand one hundred and ninety-five dollars and fifty-six cents, ($70,129,195 56.)

The expenditures, during the first quarter of the present fiscal year, were twenty-one million seven hundred and eight thousand one hundred and ninety-eight dollars and fifty-one cents, ($21,708,198 51;) of which one million and ten thousand one hundred and forty-two dollars and thirty-seven cents ($1,010,142 37)were applied to the payment of the public debt and the redemption of treasury notes and the interest thereon. The estimated expenditures, during the remaining 0032 32 three quarters to June 30, 1859, are fifty-two million three hundred and fifty-seven thousand six hundred and ninety-eight dollars and forty-eight cents, ($52,357,698 48,) making an aggregate of seventy-four million sixty-five thousand eight hundred and ninety-six dollars and ninety-nine cents, ($74,065,896 99,) being an excess of expenditure, beyond the estimated receipts into the treasury from ordinary sources, during the fiscal year to the 30th of June, 1859, of three million nine hundred and thirty-six thousand seven hundred and one dollars and forty-three cents, ($3,936,701 43.) Extraordinary means are placed by law within the command of the Secretary of the Treasury, by the reissue of treasury notes redeemed, and by negotiating the balance of the loan authorized by the act of June 14, 1858, to the extent of eleven millions of dollars, which, if realized during the present fiscal year, will leave a balance in the treasury, on the first day of July, 1859, of seven million sixty-three thousand two hundred and ninety-eight dollars and fifty-seven cents, ($7,063,298 57.)

The estimated receipts during the next fiscal year ending June 30, 1860, are sixty-two millions of dollars, ($62,000,000) which, with the above estimated balance of seven million sixty-three thousand two hundred and ninety-eight dollars and fifty-seven cents, ($7,063,298 57,) make an aggregate for the service of the next fiscal year of sixty-nine million sixty-three thousand two hundred and ninety-eight dollars and fifty-seven cents, ($69,063,298 57.) The estimated expenditures during the next fiscal year ending June 30, 1860, are seventy-three million one hundred and thirty-nine thousand one hundred and forty-seven dollars and forty-six cents, ($73,139,147 46,) which leave a deficit of estimated means, compared with the estimated expenditures for that year, commencing on July 1, 1859, of four million seventy-five thousand eight hundred and forty-eight dollars and eighty-nine cents, ($4,075,848 89.)

In addition to this sum, the Postmaster General will require from the treasury, for the service of the Post Office Department, three million eight hundred and thirty-eight thousand seven hundred and twenty-eight dollars, ($3,838,728,) as explained in the report of the Secretary of the Treasury, which will increase the estimated deficit on June 30, 1860, to seven million nine hundred and fourteen thousand five hundred and seventy-six dollars and eighty-nine cents, ($7,914,576 89.) To provide for the payment of this estimated deficiency, which will be increased by such appropriations as may be made by Congress, not estimated for in the report of the Treasury Department, as well as to provide for the gradual redemption, from year to year, of the outstanding treasury notes, the Secretary of the Treasury recommends such a revision of the present tariff as will raise the required amount. After what I have already said, I need scarcely add that I concur in the opinion expressed in his report—that the public debt should not be increased by an additional loan—and would therefore strongly urge upon Congress the duty of making, at their present session, the necessary provision for meeting these liabilities.

The public debt on July 1, 1858, the commencement of the present fiscal year, was $25,155,977 66.

During the first quarter of the present year the sum of $10,000,000 0033 33 has been negotiated of the loan authorized by the act of June 14, 1858—making the present outstanding public debt, exclusive of treasury notes, $35,155,977 66. There was, on the 1st of July, 1858, of treasury notes issued by authority of the act of December 23, 1857, unredeemed, the sum of $19,754,800, making the amount of actual indebtedness at that date $54,910,777 66. To this will be added $10,000,000 during the present fiscal year—this being the remaining half of the loan of $20,000,000 not yet negotiated.

The rapid increase of the public debt, and the necessity which exists for a modification of the tariff, to meet even the ordinary expenses of the government, ought to admonish us all, in our respective spheres of duty, to the practice of rigid economy. The objects of expenditure should be limited in number, as far as this may be practicable, and the appropriations necessary to carry them into effect ought to be disbursed under the strictest accountability. Enlightened economy does not consist in the refusal to appropriate money for constitutional purposes essential to the defence, progress, and prosperity of the republic, but in taking care that none of this money shall be wasted by mismanagement in its application to the objects designated by law.

Comparisons between the annual expenditure at the present time and what it was ten or twenty years ago are altogether fallacious. The rapid increase of our country in extent and population renders a corresponding increase of expenditure, to some extent, unavoidable. This is constantly creating new objects of expenditure and augmenting the amount required for the old. The true questions, then, are, have these objects been unnecessarily multiplied? or has the amount expended upon any or all of them been larger than comports with due economy? In accordance with these principles, the heads of the different Executive departments of the government have been instructed to reduce their estimates for the next fiscal year to the lowest standard consistent with the efficiency of the service, and this duty they have performed in a spirit of just economy. The estimates of the Treasury, War, Navy, and Interior Departments, have each been in some degree reduced; and unless a sudden and unforeseen emergency should arise, it is not anticipated that a deficiency will exist in either within the present or the next fiscal year. The Post Office Department is placed in a peculiar position, different from the other departments, and to this I shall hereafter refer.

I invite Congress to institute a rigid scrutiny to ascertain whether the expenses in all the departments cannot be still further reduced; and I promise them all the aid in my power in pursuing the investigation.

I transmit herewith the reports made to me by the Secretaries of War, of the Navy, of the Interior, and of the Postmaster General. They each contain valuable information and important recommendations, to which I invite the attention of Congress.

In my last annual message, I took occasion to recommend the immediate construction of ten small steamers, of light draught, for the purpose of increasing the efficiency of the navy. Congress responded to the recommendation by authorizing the construction of eight of them. 3 0034 34 The progress which has been made in executing this authority is stated in the report of the Secretary of the Navy. I concur with him in the opinion that a greater number of this class of vessels is necessary, for the purpose of protecting in a more efficient manner the persons and property of American citizens on the high seas and in foreign countries, as well as in guarding more effectually our own coasts. I accordingly recommend the passage of an act for this purpose.

The suggestions contained in the report of the Secretary of the Interior, especially those in regard to the disposition of the public domain, the pension and bounty land system, the policy towards the Indians, and the amendment of our patent laws, are worthy of the serious consideration of Congress.

The Post Office Department occupies a position very different from that of the other departments. For many years it was the policy of the government to render this a self-sustaining department; and if this cannot now be accomplished, in the present condition of the country, we ought to make as near an approach to it as may be practicable.

The Postmaster General is placed in a most embarrassing position by the existing laws. He is obliged to carry these into effect. He has no other alternative. He finds, however, that this cannot be done without heavy demands upon the treasury over and above what is received for postage; and these have been progressively increasing from year to year until they amounted for the last fiscal year, ending on the 30th of June, 1858, to more than four millions and a half of dollars; whilst it is estimated that for the present fiscal year they will amount to $6,290,000. These sums are exclusive of the annual appropriation of $700,000 for “compensation for the mail service performed for the two houses of Congress and the other departments and officers of the government in the transmission of free matter.”

The cause of these large deficits is mainly attributable to the increased expense of transporting the mails. In 1852 the sum paid for this service was but a fraction above four millions and a quarter. Since that year it has annually increased until in 1858 it has reached more than eight millions and a quarter; and for the service of 1859 it is estimated that it will amount to more than ten millions of dollars.

The receipts of the Post Office Department can be made to approach or to equal its expenditure only by means of the legislation of Congress. In applying any remedy care should be taken that the people shall not be deprived of the advantages which they are fairly entitled to enjoy from the Post Office Department. The principal remedies recommended to the consideration of Congress by the Postmaster General, are to restore the former rate of postage upon single letters to five cents; to substitute for the franking privilege the delivery, to those now entitled to enjoy it, of pest office stamps for their correspondence, and to direct the department in making contracts for the transportation of the mail, to confine itself to the payment of the sum necessary for this single purpose, without requiring it to be transported in post coaches or carriages of any particular description. Under the present system the expense to the Government is greatly 0035 35 increased, by requiring that the mail shall be carried in such vehicles as will accommodate passengers. This will be done, without pay from the department, over all roads where the travel will remunerate the contractors.

These recommendations deserve the grave consideration of Congress.

I would again call your attention to the construction of a Pacific railroad. Time and reflection have but served to confirm me in the truth and justice of the observations which I made on this subject in my last annual message, to which I beg leave respectfully to refer.

It is freely admitted that it would be inexpedient for this government to exercise the power of constructing the Pacific railroad by its own immediate agents. Such a policy would increase the patronage of the Executive to a dangerous extent, and introduce a system of jobbing and corruption which no vigilance on the part of federal officials could either prevent or detect. This can only be done by the keen eye and active and careful supervision of individual and private interest. The construction of this road ought, therefore, to be committed to companies incorporated by the States, or other agencies whose pecuniary interests would be directly involved. Congress might then assist them in the work by grants of land or of money, or both, under such conditions and restrictions as would secure the transportation of troops and munitions of war free from any charge, and that of the United States mail at a fair and reasonable price.

The progress of events since the commencement of your last session has shown how soon difficulties disappear before a firm and determined resolution. At that time such a road was deemed by wise and patriotic men to be a visionary project. The great distance to be overcome, and the intervening mountains and deserts in the way, were obstacles which, in the opinion of many, could not be surmounted, Now, after the lapse of but a single year, these obstacles, it has been discovered, are far less formidable than they were supposed to be; and mail stages with passengers, now pass and repass regularly twice in each week, by a common wagon road, between San Francisco and St. Louis and Memphis, in less than twenty-five days. The service has been as regularly performed as it was in former years, between New York and this city.

Whilst disclaiming all authority to appropriate money for the construction of this road, except that derived from the war-making power of the Constitution, there are important collateral considerations urging us to undertake the work as speedily as possible.

The first and most momentous of these is that such a road would be a powerful bond of union between the States east and west of the Rocky mountains. This is so self-evident as to require no illustration.

But again, in a commercial point of view, I consider this the great question of the day. With the eastern front of our republic stretching along the Atlantic, and its western front along the Pacific, if all the parts should be united by a safe, easy, and rapid intercommunication, we must necessarily command a very large proportion of the trade both of Europe and Asia. Our recent treaties with China and Japan will open these rich and populous empires to our commerce; and the history of the world proves that the nation which has gained possession 0036 36 of the trade with Eastern Asia, has always become wealthy and powerful. The peculiar geographical position of California and our Pacific possessions, invites American capital and enterprise into this fruitful field. To reap the rich harvest, however, it is an indispensable prerequisite, that we shall first have a railroad to convey and circulate its products throughout every portion of the Union. Besides, such a railroad through our temperate latitude, which would not be impeded by the frosts and snows of winter, nor by the tropical heats of summer, would attract to itself much of the travel and the trade of all nations passing between Europe and Asia.

On the 21st of August last, Lieutenant J. N. Maffit, of the United States brig Dolphin, captured the slaver “Echo,” (formerly the Putnam, of New Orleans,) near Kay Verde, on the coast of Cuba, with more than three hundred African negroes on board. The prize, under the command of Lieutenant Bradford of the United States navy, arrived at Charleston on the 27th August; when the negroes, three hundred and six in number, were delivered into the custody of the United States marshal for the district of South Carolina. They were first placed in Castle Pinckney, and afterwards in Fort Sumpter, for safe-keeping, and were detained there until the 19th September, when the survivors, two hundred and seventy-one in number, were delivered on board the United States steamer Niagara, to be transported to the coast of Africa, under the charge of the agent of the United States, pursuant to the provisions of the act of the 3d March, 1819, “in addition to the acts prohibiting the slave trade.” Under the 2d section of this act, the President is “authorized to make such regulations and arrangements as he may deem expedient, for the safe-keeping, support. and removal beyond the limits of the United States, of all such negroes, mulattoes, or persons of color,” captured by vessels of the United States, as may be delivered to the marshal of the district into which they are brought; “and to appoint a proper person or persons residing upon the coast of Africa, as agent or agents for receiving the negroes, mulattoes, or persons of color, delivered from on board vessels seized in the prosecution of the slave trade by commanders of the United States armed vessels.”

A doubt immediately arose as to the true construction of this act. It is quite clear from its terms that the President was authorized to provide “for the safe-keeping, support, and removal” of these negroes up till the time of their delivery to the agent on the coast of Africa; but no express provision was made for their protection and support after they had reached the place of their destination. Still, an agent was to be appointed to receive them in Africa, and it could not have been supposed that Congress intended he should desert them at the moment they were received, and turn them loose on that inhospitable coast to perish for want of food or to become again the victims of the slave trade. Had this been the intention of Congress, the employment of an agent to receive them, who is required to reside on the coast, was unnecessary, and they might have been landed by our vessels anywhere in Africa and left exposed to the sufferings and the fate which would certainly await them.

Mr. Monroe, in his special message of December 17, 1819, at the 0037 37 first session after the act was passed, announced to Congress what, in his opinion, was its true construction. He believed it to be his duty under it to follow these unfortunates into Africa, and make provision for them there until they should be able to provide for themselves. In communicating this interpretation of the act to Congress he stated that some doubt had been entertained as to its true intent and meaning, and he submitted the question to them, so that they might, “should it be deemed advisable, amend the same before further proceedings are had under it.” Nothing was done by Congress to explain the act, and Mr. Monroe proceeded to carry it into execution according to his own interpretation. This, then, became the practical construction. When the Africans from on board the Echo were delivered to the marshal at Charleston it became my duty to consider what disposition ought to be made of them under the law. For many reasons it was expedient to remove them from that locality as speedily as possible. Although the conduct of the authorities and citizens of Charleston in giving countenance to the execution of the law was just what might have been expected from their high character, yet a prolonged continuance of three hundred Africans in the immediate vicinity of that city could not have failed to become a source of inconvenience and anxiety to its inhabitants. Where to send them, was the question. There was no portion of the coast of Africa, to which they could be removed with any regard to humanity, except to Liberia. Under these circumstances, an agreement was entered into with the Colonization Society on the 7th of September last, a copy of which is herewith transmitted, under which the Society engaged, for the consideration of forty-five thousand dollars, to receive these Africans in Liberia from the agent of the United States, and furnish them during the period of one year thereafter, with comfortable shelter, clothing, provisions, and medical attendance, causing the children to receive schooling; and all, whether children or adults, to be instructed in the arts of civilized life suitable to their condition This aggregate of forty-five thousand dollars was based upon an allowance of one hundred and fifty dollars for each individual, and as there has been considerable mortality among them, and may be more before they reach Africa, the society have agreed, in an equitable spirit, to make such a deduction from the amount, as under the circumstances may appear just and reasonable. This cannot be fixed until we shall ascertain the actual number which may become a charge to the society.

It was also distinctly agreed, that, under no circumstances shall this government be called upon for any additional expenses.

The agents of the society manifested a laudable desire to conform to the wishes of the government, throughout the transaction. They assured me that, after a careful calculation, they would be required to expend the sum of one hundred and fifty dollars on each individual in complying with the agreement, and they would have nothing left to remunerate them for their care, trouble, and responsibility. At all events, I could make no better arrangement, and there was no other alternative. During the period when the government itself, through its own agents, undertook the task of providing for captured negroes in Africa, the cost per head was very much greater.

0038 38

There having been no outstanding appropriation applicable to this purpose, I could not advance any money on the agreement. I therefore recommend that an appropriation may be made of the amount necessary to carry it into effect.

Other captures of a similar character may, and probably will be made by our naval forces; and I earnestly recommend that Congress may amend the second section of the act of March 3, 1819, so as to free its construction from the ambiguity which has so long existed, and render the duty of the President plain in executing its provisions.

I recommend to your favorable regard the local interests of the District of Columbia. As the residence of Congress and the Executive departments of the government, we cannot fail to feel a deep concern in its welfare. This is heightened by the high character and the peaceful and orderly conduct of its resident inhabitants.

I cannot conclude without performing the agreeable duty of expressing my gratification that Congress so kindly responded to the recommendation of my last annual message, by affording me sufficient time before the close of their late session for the examination of all the bills presented to me for approval. This change in the practice of Congress has proved to be a wholesome reform. It exerted a benefical influence on the transaction of legislative business, and elicited the general approbation of the country. It enabled Congress to adjourn with that dignity and deliberation so becoming to the representatives of this great republic, without having crowded into general appropriation bills provisions foreign to their nature, and of doubtful constitutionality and expediency. Let me warmly and strongly commend this precedent, established by themselves, as a guide to their proceedings during the present session.

JAMES BUCHANAN.

Washington City, December 6, 1858.

The message was read.

On motion by Mr. Bigler,

Ordered, That the message and the accompanying documents be printed.

The Vice President laid before the Senate the annual report of the Secretary of the Treasury on the state of the finances.

On motion by Mr. Hunter,

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

Mr. Bigler submitted the following motion for consideration:

Ordered, That twenty thousand additional copies of the message and accompanying documents be printed for the use of the Senate.

On motion,

The Senate adjourned.

TUESDAY, December 7, 1858. Link to Annals.

The honorable James A. Bayard, from the State of Delaware, attended.

The Vice President laid before the Senate reports of the Court of Claims, made in pursuance of law, adverse to the claim of Thomas C. Nye; the claim of Mary E. D. Blaney, administratrix of George Blaney, deceased; the claim of Alexander M. Cumming; the claim of Isaac S. Bowman and George Brinker, surviving executors of Isaac Bowman, deceased; and the claim of the State of Alabama for interest on the deferred payment of an amount due under the compact for the admission of the State of Alabama into the Union.

Also, reports of the Court of Claims in favor of the claims of Nancy M. Johnson, administratrix of Walter R. Johnson, deceased, and Emilie G. Jones, executrix of Thomas P. Jones, deceased; the claim of Thomas Allen, and the claim of John Peebles, accompanied by the following bills:

Bill for the relief of Nancy M. Johnson, administratrix of Walter R. Johnson, deceased;

Bill for the relief of Emilie G. Jones, executrix of Thomas P. Jones;

Bill for the relief of Thomas Allen;

Bill for the relief of John Peebles.

Mr. Allen submitted a resolution; which was considered, by unanimous consent, and, having been amended on the motion of Mr. Clay, it was agreed to, as follows:

Resolved, That the Senate, on Thursday next, at 1 o'clock, will proceed to the election of assistant doorkeeper, in the place of Mr. Holland, deceased.

Mr. Shields presented the memorial of George Eitelmann, praying relief on account of injuries received while employed as a laborer at the Sioux agency.

Ordered, That it lie on the table.

On motion by Mr. Wilson,

Ordered, That the petition of Henry Rice, on the files of the Senate, be referred to the Court of Claims.

On motion by Mr. Clay,

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

On motion by Mr. Gwin, that the Senate proceed to the consideration of the bill (S. 65) to authorize the President of the United States to contract for the transportation of the mails, troops, seamen, munitions of war, and all other government service, by railroad, from the Missouri river to San Francisco, in the State of California;

Mr. Pearce made a question of order, whether the motion was in order under the 21st joint rule of the two Houses.

The Vice President decided that the motion was not now in order.

On motion by Mr. Hale,

Ordered, That the Secretary cause to be bound the printed estimates of appropriations by the Secretary of the Treasury, yesterday laid on the tables of senators.

On motion by Mr. Clay,

The Senate adjourned.

THURSDAY, December 9, 1858, Link to Annals.

The honorable John J. Crittenden, from the State of Kentucky, the honorable Robert Toombs, from the State of Georgia, and the honorable Andrew Johnson, from the State of Tennessee, attended.

The Vice President laid before the Senate a report of the Secretary of State, communicating, in pursuance of law, an abstract of returns of registered American seamen; which was read.

Ordered, That it lie on the table.

The Vice President laid before the Senate a report of the Secretary of State, showing, in obedience to law, the contingent and other disbursements of that department for the fiscal year ending the 30th of June, 1858, the unexpended balances of appropriations for the same period, and the contingent expenses of foreign intercourse for the year ending November 30, 1858; which was read.

Ordered, That it lie on the table.

The Vice President laid before the Senate the annual report of the Superintendent of the Public Printing, showing the condition of the public printing; which was read.

Ordered, That it lie on the table.

A message from the House of Representatives by Mr. Allen, its Clerk:

Mr. President: The House of Representatives agrees to the amendment of the Senate to the bill of the House (H. R. 565) to confirm the land claim of certain pueblos and towns in the Territory of New Mexico; and to the amendment of the Senate to the bill (H. R. 356) for the relief of Roswell Minard, father of Theodore Minard, deceased; and

It disagrees to the amendments of the Senate to the bill (H. R. 218) for the benefit of the captors of the British brig Calidonia, in the war of 1812, and to the amendment of the Senate to the bill (H. R. 366) for the relief of John Duncan.

Mr. Gwin presented the petition of D. G. Farragut, a captain in the navy, praying to be allowed the amount of compensation estimated by the Navy Department for the commandant of the California navy yard, during the time he was in command.

Ordered, That it lie on the table.

Mr. Gwin presented the petition of D. G. Farragut. a captain in the navy, praying to be allowed an amount paid by him to two master's mates enlisted by him under authority of the Navy Department, which was rejected in the settlement of his accounts.

Ordered, That it lie on the table.

Mr. Gwin presented the petition of Charles Abert, an attorney at law, praying to be allowed the balance of his fees for professional services in connexion with the Washington aqueduct, rejected by Captain Meigs in the settlement of his account.

Ordered, That it lie on the table.

On motion by Mr. Stuart,

Ordered, That J. M. Gilbert have leave to withdraw his petition and papers.

0041 41

Mr. Jones presented three petitions of citizens of Iowa, praying the establishment of a mall route from McGregor to St. Charles, in that State.

Ordered, That they lie on the table.

Mr. Bright submitted the following resolution for consideration:

Resolved, That the Committee on Public Buildings and Grounds inquire into the condition of the new chamber for the Senate and report at what time it may be permanently occupied and the ceremony appropriate upon removing thereto.

The Senate proceeded, in pursuance of its order of the seventh instant, to the election of an assistant doorkeeper in the place of Isaac Holland, deceased; and

On counting the ballots it appeared that Charles S. Jones had a majority and was duly elected.

On motion by Mr. Mason,

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

Mr. Rice presented the following memorials and joint resolutions of the legislature of Minnesota:

A memorial praying an appropriation for the improvement of the St. Croix river;

A memorial praying an appropriation for the improvement of the Mississippi river from the mouth of the Minnesota river to Sank Rapids;

A memorial praying an appropriation for the improvement of the Mississippi river at Beef Slough bar;

A memorial praying an amendment of an act granting land to that State for railroad purposes;

A memorial praying a grant of land to aid in the construction of a railroad from Winona, by way of La Crescent and Brownsville, to the point of junction with the Milwaukie and Mississippi road, at the southern boundary line of the State;

A memorial praying a grant of land to aid in the construction of a railroad from the confluence of the southern branch of Root river to Sioux Falls City;

A memorial praying that grants of land may be made for the establishment of agricultural colleges in that and other States, and that a homestead of 160 acres of land may be granted to actual settlers;

A memorial praying a grant of land to aid in the construction of the Nininger, St. Peter's, and Western railroad;

A memorial praying an appropriation to complete the Mendota and Big Sioux River military road;

A memorial praying an appropriation for a wagon road from Lake Superior to the South Pass in the Rocky mountains;

A memorial praying an appropriation for the completion of the Point Douglas and St. Louis River military road;

A memorial praying an appropriation to defray the expenses of expeditions against hostile Indians in the Territory of Minnesota;

A memorial in relation to certain appropriations made by Congress for the Territory of Minnesota;

0042 42

A memorial praying that appropriations may be made to indemnify the State of Minnesota for certain expenditures on account of debts incurred in its territorial condition;

Nineteen memorials praying the establishment of certain mail routes;

A resolution in favor of an overland route from the Mississippi river to the Pacific ocean;

A resolution in relation to the Sioux and Winnebago reservations;

A resolution in favor of the establishment of certain mail routes.

Ordered, That they lie on the table.

On motion by Mr. Mason,

The Senate adjourned.

FRIDAY, December 10, 1858. Link to Annals.

The Vice President laid before the Senate a report of the Secretary of the Interior, communicating, in compliance with a resolution of the Senate, statements showing all expenditures from the treasury for public and private purposes in the District of Columbia; the number of town lots originally owned by the United States in Washington; the number sold, and the sum for which sold; the number reserved and their value; the estimated value of individual property and the value of government property; which was read.

Ordered, That it lie on the table.

The Vice President laid before the Senate a letter of the Treasurer of the United States, accompanied by copies of his accounts for the third and fourth quarters of the year 1857, and the first and second quarters of the year 1858, as adjusted by the accounting officers of the Treasury Department; which was read.

Ordered, That it lie on the table.

On motion by Mr. Hale,

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

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

Resolved, That the Senate, after the reading of the journal on Monday morning, December 13, proceed to the election of the standing committees of the Senate.

On motion by Mr. Cameron,

Ordered, That the usual number of the report of the Superintendent of the Public Printing be printed.

Mr. King presented the petition of Carl Becher, praying an increase of pension.

Ordered, That it lie on the table.

Mr. Ward asked and, by unanimous consent, obtained leave to bring in a joint resolution (S. 54) for changing the plan of the customhouse at Galveston, in the State of Texas; which was read the first and second times, by unanimous consent, and ordered to lie on the table.

0043 43

Agreeably to notice, Mr. Rice asked and obtained leave to bring in the following bills; which were read the first and second times, by unanimous consent, and ordered to lie on the table:

S. 459. Bill authorizing the Secretary of War to pay the expenses of Captain James Starkey's company of volunteers, incurred by order of the governor of the Territory of Minnesota;

S. 460. Bill to authorize the establishment of a northern Pacific mail route;

S. 461. Bill for the construction of a wagon road from Fort Abercrombie, on the Red River of the North, to Seattle, on Puget's Sound, in the Territory of Washington.

On motion by Mr. Clay,

The Senate adjourned.

MONDAY, December 13, 1858. Link to Annals.

The honorable Judah P. Benjamin, from the State of Louisiana, and the honorable William K. Sebastian, from the State of Arkansas, attended.

On motion by Mr. Seward, and by unanimous consent, the 35th rule of the Senate, so far as it relates to the appointment of the standing committees, was suspended.

Mr. Allen submitted the following resolution for consideration:

Resolved, That the standing committees of the Senate be arranged as follows:

On Foreign Relations: Mr. Mason, chairman; Mr. Douglas, Mr. Slidell, Mr. Polk, Mr. Crittenden, Mr. Seward, and Mr. Foot.

On Finance: Mr. Hunter, chairman; Mr. Pearce, Mr. Gwin, Mr. Bright, Mr. Hammond, Mr. Fessenden, and Mr. Cameron.

On Commerce: Mr. Clay, chairman; Mr. Bigler, Mr. Toombs, Mr. Reid, Mr. Allen, Mr. Hamlin, and Mr. Chandler.

On Military Affairs and the Militia: Mr. Davis, chairman; Mr. Fitzpatrick, Mr. Johnson, of Arkansas, Mr. Chesnut, Mr. Broderick, Mr. Wilson, and Mr. King.

On Naval Affairs: Mr. Mallory, chairman; Mr. Thomson, of New Jersey, Mr. Slidell, Mr. Allen, Mr. Hammond, Mr. Bell, and Mr. Hale.

On the Judiciary: Mr. Bayard, chairman; Mr. Pugh, Mr. Benjamin, Mr. (Green, Mr. Clingman, Mr. Collamer, and Mr. Trumbull.

On Post Offices and Post Roads: Mr. Yulee, chairman; Mr. Bigler, Mr. Gwin, Mr. Rice, Mr. Ward, Mr. Hale, and Mr. Dixon.

On Public Lands: Mr. Stuart, chairman; Mr. Johnson, of Arkansas, Mr. Pugh, Mr. Johnson, of Tennessee, Mr. Chesnut, Mr. Foster, and Mr. Harlan.

On Private Land Claims: Mr. Benjamin,chairman; Mr. Polk, Mr. Shields, Mr. Thompson, of Kentucky, and Mr. Durkee.

On Indian Affairs: Mr. Sebastian, chairman; Mr. Brown, Mr. Fitch, Mr. Rice, Mr. Bell, Mr. Houston, and Mr. Doolittle.

On Pensions: Mr Jones, chairman; Mr. Thomson, of New Jersey, 0044 44 Mr. Clay, Mr. Bates, Mr. Thompson, of Kentucky, Mr. Foster, and Mr. King.

On Revolutionary Claims: Mr. Shields, chairman; Mr. Bates, Mr. Crittenden, Mr. Durkee, and Mr. Chandler.

On Claims: Mr. Iverson, chairman; Mr. Mallory, Mr. Ward, Mr. Simmons, and Mr. Clark.

On the District of Columbia: Mr. Brown, chairman; Mr. Mason, Mr. Johnson, of Tennessee, Mr. Yulee, Mr. Kennedy, Mr. Hamlin, and Mr. Wilson.

On Patents and the Patent Office: Mr. Reid, chairman; Mr. Thomson, of New Jersey, Mr. Toombs, Mr. Simmons, and Mr. Trumbull.

On Public Buildings and Grounds: Mr. Bright, chairman; Mr. Davis, Mr Douglas, Mr. Kennedy, and Mr. Clark.

On Territories: Mr. Green, chairman; Mr. Douglas, Mr. Jones, Mr. Sebastian, Mr. Fitzpatrick, Mr. Collamer, and Mr. Wade.

To Audit and Control the Contingent Expenses of the Senate: Mr. Wright, chairman; Mr. Johnson, of Tennessee, and Mr. Dixon.

On Printing: Mr. Fitch, chairman; Mr. Clingman, and Mr. Cameron.

On Engrossed Bills: Mr. Wright, chairman: Mr. Bigler, and Mr. Harlan,

On Enrolled Bills: Mr. Jones, chairman; Mr. Brown, and Mr. Doolittle.

On the Library: Mr. Pearce, chairman; Mr. Bayard, and Mr. Fessenden.

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

On the question to agree thereto,

It was determined in the affirmative,

Yeas 31

Nays 20

On motion by Mr. King,

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

Those who voted in the affirmative are,

Messrs. Allen, Bates, Bayard, Benjamin, Bigler, Bright, Brown, Clay, Clingman, Davis, Fitch, Fitzpatrick, Green, Gwin, Hammond, Hunter, Iverson, Johnson, of Tennessee, Jones, Mason, Pearce, Polk, Reid, Rice, Sebastian, Shields, Slidell, Stuart, Thomson, of New Jersey, Ward, Wright.

Those who voted in the negative are,

Messrs. Bell, Broderick, Cameron, Chandler, Clark, Collamer, Dixon, Doolittle, Fessenden, Foot, Foster, Hale, Hamlin, Harlan, King, Seward, Simmons, Trumbull, Wade, Wilson.

So the resolution of Mr. Allen was agreed to.

Mr. Clingman was, on his motion, excused from serving as a member of the Committee on Printing.

On motion by Mr. Gwin,

Ordered, That the Vice President appoint a member to fill the vacancy in the Committee on Printing.

On motion by Mr. Broderick, that his colleague be appointed on the Committee on Public Lands,

0045 45

The President (Mr. Fitzpatrick in the chair) stated that, the committees being full, the motion was not in order.

Mr. Hammond presented the petition of James G. Holmes, praying an extension of his patent for an improvement in the construction of chairs for invalids; which was referred to the Committee on Patents and the Patent Office.

Mr. Hammond presented the petition of William E. Haskell, for himself and others, heirs of William Thompson, an officer in the revolutionary war, praying to be allowed the commutation pay due their ancestor; which was referred to the Committee on Revolutionary Claims.

Mr. Brown presented the petition of Eleanor Gardiner, administratrix of Henry Gardiner, deceased, praying compensation for property destroyed during the war with Great Britain in 1812; which was referred to the Committee on Claims.

Mr. Brown presented the memorial of Jonas P. Levy, asking the immediate attention of Congress to his claim against Mexico; which was referred to the Committee on Claims.

Mr. Brown presented the petition of Oscar J. E. Stuart, praying that the patent laws may be so amended as that a patent may issue to the master for a useful invention by his slave; which was referred to the Committee on Patents and the Patent Office.

On motion by Mr Brown,

Ordered, That the report of the Secretary of the Interior communicating information respecting expenditures by the government in the District of Columbia, the number and value of the lots sold and of those now owned by the United States in Washington, and the estimated value of private property in that city, be referred to the Committee on the District of Columbia.

On motion by Mr. Brown, that the report be printed,

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

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

Executive Mansion, December 10, 1858.

Sir: In compliance with the resolution of the Senate of June 12, 1858, I herewith communicate a report from the Secretary of the Interior, showing “the amount of money paid for pensions in each of the States and Territories since the commencement of the present government.”

JAMES BUCHANAN.

To the President of the Senate.

The message was read.

On motion by Mr. Hunter,

Ordered, That it be printed.

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

To the Senate and House of Representatives:

I transmit to Congress a copy of the treaty between the United States and the kingdom of Siam, concluded on the 29th of May, 1856, 0046 46 and proclaimed on the 16th of August last, and call the attention of that body to the necessity of an act for carrying into effect the provisions of article II of the said treaty, conferring certain judicial powers upon the consul of the United States who may be appointed to reside at Bangkok. I would also suggest that the extension to the kingdom of Siam of the provisions of the act approved August 11, 1848, entitled “An act to carry into effect certain provisions in the treaties between the United States and China and the Ottoman Porte, giving certain judicial powers to ministers and consuls of the United States in those countries,” might obviate the necessity of any other legislation upon the subject.

JAMES BUCHANAN.

Washington, December 10, 1858.

The message was read.

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

The Vice President laid before the Senate a report of the Secretary of the Senate, made in compliance with a resolution of the Senate, relative to stationery purchased and supplied to the Senate during the 34th and 35th Congresses; which was read

Ordered, That it lie on the table.

Mr. Hamlin presented a petition of the children and heirs of John Waire, a soldier in the revolutionary war, praying to be allowed a pension; which was referred to the Committee on Revolutionary Claims.

Mr. Hamlin presented the petition of Mary Featherston, widow of John Featherston, deceased, a boatswain in the navy, praying to be allowed a half-pay pension; which was referred to the Committee on Pensions.

Mr. Hamlin presented the petition of Benjamin Chadburn, praying to be allowed the difference between the amount of pension he received and that he should have received for a total disability; which was referred to the Committee on Pensions.

Mr. Bell submitted the following resolution; which was considered, by unanimous consent, and referred to the Committee to Audit and Control the Contingent Expenses of the Senate:

Resolved, That there be paid, out of the contingent fund of the Senate, to the unmarried daughters of Isaac Holland, late assistant doorkeeper of the Senate, the sum of one hundred and fifty dollars for funeral expenses, and an amount equal to one quarter's salary of the deceased.

Mr. Trumbull asked and, by unanimous consent, obtained leave to bring in a bill (S. 462) for the relief of William Wallace, of Illinois; which was read the first and second times, by unanimous consent, and referred, with his accompanying petition and papers, to the Committee on Pensions.

On motion by Mr. Jones,

Ordered, That the bills, resolutions, petitions, memorials, and other rapers, presented since the commencement of the session to this day, 0047 47 and laid on the table, be severally referred to the appropriate committees, as intended On their presentation.

On motion by Mr. Jones,

Ordered, That the reports of the Court of Claims on the claim of John Peebles, the claim of Thomas Allen, the claim of Nancy M. Johnson, administratrix of Walter R. Johnson, and the claim of Emilie G. Jones, executrix of Thomas P. Jones, be referred to the Committee on Claims.

On motion by Mr. Jones,

Ordered, That the joint resolution (S. 54) for changing the plan of the custom-house at Galveston, in the State of Texas, be referred to Committee on Commerce.

On motion by Mr. Jones,

Ordered, That the bill (S. 459) authorizing the Secretary of War to pay the expenses of Captain James Starkey's company of volunteers incurred by order of the governor of the Territory of Minnesota, and the bill (S. 461) for the construction of a wagon road from Fort Abercrombie, on the Red River of the North, to Seattle, on Puget's Sound, in the Territory of Washington, be referred to the Committee on Military Affairs and the Militia.

On motion by Mr. Jones,

Ordered, That the bill (S. 460) to authorize the establishment of a northern Pacific mail route be referred to the Committee on Post Offices and Post Roads.

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

Resolved, That the President of the Senate be authorized and requested to invite such officiating clergymen of the District of Columbia as the office may be acceptable to to officiate as chaplains to the Senate during the present session, and in such alternation as may be agreeable to them.

Mr. Chandler asked and, by unanimous consent, obtained leave to bring in a bill (S. 463) for the relief of Lewis Cass Forsyth; which was read the first and second times, by unanimous consent, and referred, with his accompanying petition and papers, to the Committee on Military Affairs and the Militia.

Mr. Stuart presented the memorial of Thomas Henderson, praying that he may be permitted to purchase a certain tract of government land on which he has settled, and which he has improved; which was referred to the Committee on Private Land Claims.

On motion by Mr. Mason,

Ordered, That the papers on the files of the Senate relating to the claim of Frederick Vincent, administrator of James Lecaze, surviving partner of the firm of Lecaze & Mallet, be referred to the Committee on Revolutionary Claims.

Mr. Shields presented the memorial of Patrick Byrnes, praying to be allowed the difference between the pay of a doorkeeper and watchman and that of a laborer, during the time he performed such extra service; which was referred to the Committee on Claims.

On motion by Mr. Shields,

Ordered, That the petition of Joseph Verbiski, on She files of the 0048 48 Senate, be referred to the Committee on Military Affairs and the Militia.

Mr. Green presented the petition of Elizabeth Horine, for herself and children and the other heirs and legal representatives of Thomas Maddin, deceased, praying the confirmation of their title to a tract of land in Missouri; which was referred to the Committee on Private Land Claims.

On motion by Mr. Iverson,

Ordered, That the petition of Samuel James, Ignatius Lucas, Charles Tilley, and Thomas S. Bingey, with the adverse report thereon, be recommitted to the Committee on Naval Affairs.

On motion by Mr. Iverson,

Ordered, That the memorial of Charles J. Swett, on the files of the Senate, be referred to the Committee on Naval Affairs.

Mr. Iverson presented the petition of J. F. Polk, praying compensation for services as acting Second Auditor of the Treasury, under appointment of the President in 1846 and 1849; which was referred to the Committee on Claims.

Mr. Iverson presented additional papers in relation to the claim of Henry R. Schoolcraft; which were referred to the Committee on Claims.

Mr. Clingman submitted the following resolution for consideration:

Whereas, the President in his message to Congress of December 8, 1857, expressed himself in relation to the Clayton-Bulwer treaty in the following language, viz:

“The fact is, that when two nations like Great Britain and the United States, mutually desirous as they are, and I trust ever may be, of maintaining the most friendly relations with each other, have unfortunately concluded a treaty which they understand in senses directly opposite, the wisest course is to abrogate such a treaty by mutual consent, and to commence anew. Had this been done promptly, all difficulties in Central America would most probably ere this have been adjusted to the satisfaction of both parties. The time spent in discussing the meaning of the Clayton and Bulwer treaty would have been devoted to this praiseworthy purpose, and the task would have been the more easily accomplished because the interest of the two countries in Central America is identical, being confined to securing safe transits over all the routes across the Isthmus.

“Whilst entertaining these sentiments, I shall nevertheless not refuse to contribute to any reasonable adjustment of the Central American questions which is not practically inconsistent with the American interpretation of the treaty. Overtures for this purpose have been recently made by the British government in a friendly spirit, which I cordially reciprocate; but whether this renewed effort will result in success I am not yet prepared to express an opinion. A brief period will determine.”

And whereas the President in his message of December 6, 1858, stated that “I am truly sorry I cannot also inform you that the complications between Great Britain and the United States, arising out of the Clayton and Bulwer treaty of April, 1850, have been finally adjusted.

0049 49

“At the commencement of your last session, I had reason to hope that, emancipating themselves from further unavailing discussions, the two governments would proceed to settle the Central American question in a practical manner, alike honorable and satisfactory to both; and this hope I have not yet abandoned. In my last annual message, I stated that overtures had been made by the British government for this purpose in a friendly spirit, which I cordially reciprocated. Their proposal was to withdraw these questions from direct negotiation between the two governments; but to accomplish the same object, by a negotiation between the British government and each of the Central American republics whose territorial interests are immediately involved. The settlement was to be made in accordance with the general tenor of the interpretation placed upon the Clayton and Bulwer treaty by the United States, with certain modifications. As negotiations are still pending upon this basis, it would not be proper for me now to communicate their present condition. A final settlement of these questions is greatly to be desired, as this would wipe out the last remaining subject of dispute between the two countries.”

And whereas the Clayton-Bulwer treaty contains stipulations which are in direct hostility to the cherished policy and future welfare of the United States. Stipulations calculated to operate adversely to the independent action of this republic, in the line of duty, which it may become imperative on it to adopt in regulating and controlling the affairs of the Central American States, and that consequently the abrogation of the said treaty is demanded alike by the honor and interests of the Union: Therefore—

Resolved, That the President be requested to communicate to the Senate, if not in his opinion incompatible with the public interest, any correspondence which may have passed since his inauguration, between this government and that of Great Britain, and between this government and that of Nicaragua with respect to the termination or preservation of the Clayton-Bulwer treaty.

Mr. Cameron presented a petition of citizens of Montgomery county, Pennsylvania, praying protection to American labor engaged in the manufacture of iron; which was referred to the Committee on Finance

Mr. Wilson presented the petition of Elihu Williston, a soldier in the last war with Great Britain, praying to be allowed a pension; which was referred to the Committee on Pensions.

Mr. Wilson presented the petition of Ruth Ellen Greland, widow of Captain John H. Greland, of the army, praying to be allowed a pension; which was referred to the Committee on Pensions.

On motion by Mr. Simmons,

Ordered, That the memorial of George G. Durham, on the files of the Senate, be referred to the Committee on Claims.

On motion by Mr. Davis,

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 and the Militia.

On motion by Mr. Davis,

Ordered, That so much of the message of the President of the United 4 0050 50 States as relates to Territories be referred to the Committee on Territories.

On motion by Mr. Mason,

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

Mr. Crittenden asked and, by unanimous consent, obtained leave to bring in a bill (S. 464) for the relief of Francis Dainese, which was read the first and second times by unanimous consent and referred to the Committee on Foreign Relations.

Mr. Seward asked and, by unanimous consent, obtained leave to bring in a bill (S. 465) for the relief of Jane Perry, which was read the first and second times by unanimous consent and referred to the Committee on Pensions.

On motion by Mr. Mason,

Ordered, That Cyrus H. McCormick have leave to withdraw his petition and papers.

The Senate resumed, as in Committee of the Whole, the consideration of the joint resolution (S 7) directing the presentation of a medal to Commodore Hiram Paulding; and,

On motion by Mr. Slidell,

Ordered, That the further consideration thereof be postponed until to-morrow, and that it be printed.

The Senate resumed, as in Committee of the Whole, the consideration of the bill, (S. 85) supplementary to the act entitled “An act in addition to an act entitled ‘An act for the punishment of certain crimes against the United States,’ and to repeal the acts therein mentioned,” approved April 20, 1818; and,

On motion by Mr. Slidell,

Ordered, That the further consideration thereof be postponed until to-morrow, and that the bill be printed, together with the accompanying report, (No. 20.)

The Senate resumed, as in Committee of the Whole, the consideration of the bill (S. 104) to prohibit the issue of bank notes by corporations, associations, or individuals within the District of Columbia, and further to prevent the circulation of bank notes issued by any incorporated company or association of individuals located beyond the limits of the District of Columbia of a less denomination than fifty dollars.

On motion by Mr. Slidell,

Ordered, That the further consideration of the bill be postponed until to-morrow, and that the bill be printed, together with the accompanying report, (No. 29.)

The Senate proceeded to consider the motion submitted by Mr. Bigler the 6th instant, “that twenty thousand additional copies of the message and accompanying documents be printed for the use of the Senate,” and,

On motion by Mr. Bigler,

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

The Senate resumed, as in Committee of the Whole, the consideration of the bill (S. 8) to organize the Territory of Arizona, and to 0051 51 create the office of surveyor general therein, to provide for the examination of private claims, to grant donations to actual settlers, to survey the public and private lands; and for other purposes.

On motion by Mr. Davis,

Ordered, That it be recommitted to the Committee on Territories.

On motion by Mr. Gwin, to postpone the previous orders, and that the Senate resume the consideration of the bill (S. 65) to authorize the President of the United States to contract for the transportation of the mails, troops, seamen, munitions of war, and all other government service, by railroad, from the Missouri river to San Francisco, in the State of California.

It was determined in the affirmative,

Yeas 30

Nays 18

On motion by Mr. Slidell,

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

Those who voted in the affirmative are,

Messrs. Bell, Bigler, Bright, Broderick, Cameron, Chandler, Clay, Davis, Dixon, Doolittle, Durkee, Fitch, Fitzpatrick, Foot, Foster, Green, Gwin, Harlan, Iverson, Johnson, of Tennessee, Jones, Kennedy, King, Polk, Rice, Seward, Shields, Stuart, Trumbull, Ward.

Those who voted in the negative are,

Messrs. Allen, Bates, Benjamin, Brown, Clingman, Collamer, Crittenden, Fessenden, Hamlin, Hammond, Hunter, Mason, Reid, Sebastian, Slidell, Toombs, Wade, Wilson.

So the Senate resumed the consideration of the said bill; and,

After debate,

On motion by Mr. Mason,

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

On motion by Mr. Davis,

Ordered, That the said bill, the amendments thereto, and the special report thereon, be printed.

After the consideration of executive business,

The Senate adjourned.

TUESDAY, December 14, 1858. Link to Annals.

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

Mr. Jones reported from the committee that they had examined and found duly enrolled the following bills:

H. R. 356. An act for the relief of Roswell Minard, father of Theodore Minard, deceased.

H. R. 565. An act to confirm the land claim of certain pueblos and towns in the Territory of New Mexico.

On motion by Mr. Hale,

Ordered, That the memorial of Joseph Humphries be recommitted to the Committee on Naval Affairs.

Mr. Hale presented six petitions from George M. Lee and others, 0052 52 clerks of navy yards, praying an increase of salary; which were referred to the Committee on Naval Affairs.

Mr. Hale presented a memorial of citizens of New Hampshire and members of the legislature of the State, praying that a system of instruction may be introduced on board our national ships and vessels for the improvement of the personnel of the navy; which was referred to the Committee on Naval Affairs.

Mr. Hale asked and, by unanimous consent, obtained leave to bring in a bill (S. 466) to establish a system of common school education in the navy, and to found libraries on board of naval ships; which was read the first and second times by unanimous consent, and referred to the Committee on Naval Affairs.

Mr. Hale presented the petition of Dorcas Stewart, widow of Lemuel H. Stewart, a soldier in the war of 1812, who died in service, praying that her pension may commence from the death of her husband, and that she be allowed interest on the amount paid her.

Ordered, That so much of the petition as relates to the claim for interest be referred to the Committee on Claims; and that so much as relates to arrears of pension be referred to the Committee on Pensions.

Mr. Seward presented the petition of J. Hosford Smith, praying to be allowed to import free of duties three iron steamers, to be used in the coasting trade and registered as American vessels; which was referred to the Committee on Finance.

Mr. Bigler presented the memorial of Haym M. Salomon, praying indemnity for moneys advanced to members of the continental Congress, and public securities held by his father, Haym Salomon; which was referred to the Committee on Revolutionary Claims.

Mr. Durkee presented the memorial of Orrin H. Rice, praying indemnity for a loss sustained by him as contractor for a military road in Minnesota; which was referred to the Committee on Military Affairs and the militia.

Mr. Durkee presented the memorial of Clark Hoadley, a soldier in the war of 1812, praying to be allowed a pension; which was referred to the Committee on Pensions.

Mr. Foster presented a memorial of the governor, lieutenant governor, secretary of state, and members of the legislature of Connecticut, praying the adoption of a system of instruction on board our ships of war for the improvement of the personnel of the navy; which was referred to the Committee on Naval Affairs.

Agreeably to notice, Mr. Rice asked and obtained leave to bring in a bill (S. 467) extending the provisions of “An act to enable the State of Arkansas and other States to reclaim the swamp lands within their limits” to Minnesota; which was read the first and second times by unanimous consent, and referred to the Committee on Public Lands.

Agreeably to notice, Mr. Rice asked and obtained leave to bring in a bill (S. 468) to aid in the construction of certain railroads to the Pacific, to encourage settlements on their lines, and for other purposes; which was read the first and second times by unanimous consent, referred to the Committee on Public Lands, and ordered to be printed.

0053 53

On motion by Mr. Rice,

Ordered, That the memorial of citizens of the town of Medary, the memorials of citizens of Big Sioux and Midway counties, and the memorials of citizens of Pembina county, all in the Territory of Dakotah, praying the organization of a territorial government for that Territory, be recommitted to the Committee on Territories.

Mr. Iverson submitted the following resolution; which was considered, by unanimous consent:

Resolved, That the 34th standing rule of the Senate be so altered and amended as to make the Committee on Claims to consist of six members.

On the question to agree to the resolution, it was determined in the negative.

So the resolution was not agreed to.

A message from the House of Representatives by Mr. Allen, its Clerk.

Mr. President: The House of Representatives has passed a resolution for the appointment of a committee whose duty it shall be to digest and revise the rules of order, and to suggest alterations and amendments, and report the same for the action of the House at an early day in the next session, and authorizing the said committee to join such committee as may be appointed by the Senate, to revise the Joint rules of the two Houses, and has appointed the Speaker, Mr. Winslow, Mr. Grow, Mr. Bocock, and Mr. Israel Washburn, jr., the committee on its part.

The Speaker of the House of Representatives having signed two enrolled bills, H. R. 356 and H. R. 565, I am directed to bring them to the Senate for the signature of its President.

Mr. Hamlin presented the memorial of Joseph Stockbridge, a chaplain in the navy, praying the enactment of a law to protect chaplains in the performance of divine service on shipboard, according to the practices and customs of the churches of which they may be members, which was referred to the Committee on Naval Affairs.

Mr. Wilson presented the petition of William Welch, a soldier in the last war with Great Britain and subsequent Indian wars, praying to be allowed a pension, which was referred to the Committee on Pensions.

Agreeably to notice, Mr. Mason asked and obtained leave to bring in a bill, S. 469, to equalize the compensation of the ministers of the United States to France and England during the period therein mentioned; which was read the first and second times, by unanimous consent, and referred to the Committee on Foreign Relations.

Mr. Crittenden presented the memorial of John D. Colmesnil, president of the Ohio and Mississippi Mail Line Company, praying compensation for carrying the mail between Louisville and New Orleans during the boating seasons of 1832 and 1833; which was referred to the Committee on Post Offices and Post roads.

Mr. Foote asked and, by unanimous consent, obtained leave to bring in a bill, S. 470, amendatory of existing laws relating to the punishment of certain crimes against the United States; which was read the 0054 54 first and second times by unanimous consent and referred to the Committee on the Judiciary.

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

Resolved, That the Secretary of the Treasury be requested to communicate to the Senate a copy of the special report and accompanying papers prepared by the Superintendent of the Coast Survey and of Weights and Measures, in December, 1857, by direction of the Treasury Department, showing the amount expended and the progress in each year, and also the weights and measures furnished the different States and custom-houses, and their cost.

Mr. Clay, from the Committee on Commerce, to whom was referred the joint resolution, S. 54, for changing the plan of the custom-house at Galveston in the State of Texas, reported it without amendment.

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.

The said resolution was read the third time.

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

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

Mr. Cameron asked and, by unanimous consent, obtained leave to bring in a bill, S. 471, for the relief of Anne M. Smith, which was read the first and second times by unanimous consent, and referred to the Committee on Pensions.

The Senate proceeded to consider the resolution submitted by Mr. Bright, the 9th inst., in relation to the occupation by the Senate of the new Senate chamber; and

The resolution was agreed to.

Mr. Jones presented a memorial of the legislature of the Territory of Dakota, elected under a resolution passed at a mass convention held for the purpose of establishing a temporary government, praying Congress to approve the laws of the Territory, and to extend to it a more perfect organization; which was referred to the Committee on Territories.

The Vice President announced the appointment of Mr. Davis on the Committee on Printing in the place of Mr. Clingman excused.

Mr. Seward presented the memorial of Samuel Lockwood, a commander in the navy, praying to be allowed expenses incurred in defending himself before the court of inquiry, established by the act of January 16, 1857; which was referred to the Committee on Naval Affairs.

The Senate resumed the consideration of the bill (S. 65) to authorize the President of the United States to contract for the transportation of the mails, troops, seamen, munitions of war, army, and navy supplies, and all other government service, by railroad, item the Missouri river to San Francisco, in the State of California.

Amendments having been proposed to the bill, and a further amendment being proposed by Mr. Davis,

On motion by Mr. Mason that the bill lie on the table,

0055 55

It was determined in the negative,

Yeas 23

Nays 32

On motion by Mr. Mason,

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

Those who voted in the affirmative are,

Messrs. Allen, Bates, Bayard, Benjamin, Brown, Cameron, Clay, Clingman, Crittenden, Fitzpatrick, Hamlin, Hammond, Houston, Hunter, Iverson, Johnson, of Tennessee, Mason, Pearce, Reid, Sebastian, Slidell, Thomson, of New Jersey, Toombs.

Those who voted in the negative are,

Messrs. Bell, Bigler, Bright, Broderick, Chandler, Clark, Collamer, Davis, Dixon, Doolittle, Durkee, Fessenden, Fitch, Foot, Foster, Green, Gwin, Harlan, Jones, Kennedy, King, Polk, Rice, Seward, Shields, Simmons, Stuart, Trumbull, Wade, Ward, Wilson, Wright.

The following amendment being proposed by Mr. Polk, section 1, lines 7 and 8: strike out the words “from a point on the Missouri river, between the mouths of the Big Sioux and Kansas river,” and insert, between a point on the boundary of Minnesota on the 49th parallel of north latitude and the southern boundary line of the United States.

After debate,

On motion by Mr. Gwin,

The Senate adjourned.

WEDNESDAY, December 15, 1858. Link to Annals.

The Vice President signed the two enrolled bills (H. R. 356, and H. R. 565) last reported to have been examined, and they were delivered to the committee to be presented to the President of the United States.

The Vice President laid before the Senate a report of the Postmaster General, communicating, in compliance with a resolution of the Senate of the 10th of June, 1858, information respecting stock held by foreigners in ocean mail steamers, covered by the flag of the United States, running between New York and Liverpool, New York and Havre, and New York and Bremen; which was read.

Ordered, That it lie on the table.

The Vice President presented the petition of Pierre Ogilvie Beebee, praying the aid of Congress in the publication of a work on American law, of which he is the author.

Ordered, That it lie on the table.

The Vice President presented the petition of James Roye, of Marion county, Arkansas, praying that Kansas may not be admitted into the Union as a slave State; which was read.

Ordered, That it lie on the table.

Mr. Seward presented the petition of James O. Wright & Co., praying Congress to purchase and distribute copies of the “Book of Mormon,” as the most effectual means of destroying the religious delusion embraced by its believers.

Ordered, That it lie on the table.

0056 56

Mr. Seward presented a memorial of the watchmen in the Washington navy yard, praying to be allowed the benefits of the 2d section of the act of June 12, making appropriations for the naval service; which was referred to the Committee on Naval Affairs.

Mr. Pearce presented the memorial of Ann Scott, widow of William B. Scott, deceased, praying to be allowed a commission on the disbursements made by her husband as pension agent; which was referred to the Committee on Naval Affairs.

Mr. Pearce presented a memorial of citizens of Montgomery county, Maryland, praying that the Metropolitan Railroad Company may be authorized to construct their road from Georgetown through Washington to the navy yard; which was referred to the Committee on the District of Columbia.

Mr. Davis presented the petition of Mrs. H. B. Macomb, widow of the late Major General Alexander Macomb, praying to be allowed a pension; which was referred to the Committee on Pensions.

Mr. Clark presented the petition of Frederick Griffing, praying payment of an amount claimed to be due him for land purchased by the Secretary of the Navy for the navy yard at Brooklyn; which was referred to the Committee on Claims, with the report of the Court of Claims on the files of the Senate.

Mr. Cameron presented a memorial of a convention of iron masters, which met in Philadelphia on the 20th of December, 1849. asking that such duties may be imposed on foreign iron as will give protection to that branch of domestic industry, and at the same time bring the largest revenue to the public treasury.

On motion by Mr. Cameron, that the memorial and accompanying documents be printed,

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

Mr. Dixon, from the Committee to audit and control the contingent expenses of the Senate, to whom was referred a resolution making an allowance to the unmarried daughters of Isaac Holland, deceased, late assistant doorkeeper to the Senate, reported it without amendment.

The Senate proceeded to consider the resolution.

The resolution was read the second time, and considered 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 resolution was read a third time, by unanimous consent.

Resolved, That it pass.

Mr. Bigler presented the petition of Henry G. Carson, administrator of Curtis Grubb, late of the firm of Curtis and Peter Grubb, praying the payment of a “final settlement certificate,” with interest, which was referred to the Committee on Revolutionary Claims.

Mr. Bigler asked and, by unanimous consent, obtained leave to bring in a bill (S. 472) for the relief of Henry G. Carson, administrator of Curtis Grubb, deceased, which was read the first and second times, by unanimous consent, and referred to the Committee on Revolutionary Claims.

On motion by Mr. Collamer,

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

0057 57

On motion by Mr. Bayard,

Ordered, That the Committee on the Judiciary be discharged from the further consideration of the joint resolution (S. 13) in relation to certain liabilities assumed by the State of Wisconsin, and three memorials of the legislature of Wisconsin, asking to be secured in the payment of the proceeds of the sales of public lands in that State, and that they be referred to the Committee on Public Lands.

Mr. Mason, from the Committee on Foreign Relations, to whom was referred the bill (S. 469) to equalize the compensation of the ministers of the United States to France and England, during the period therein mentioned, reported it without amendment.

On motion by Mr. Clingman, that the Senate proceed to the consideration of the resolution submitted by him the 13th instant, relative to the abrogation of the Clayton-Bulwer treaty,

It was determined in the negative,

Yeas 24

Nays 25

On motion by Mr. Clingman,

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

Those who voted in the affirmative are,

Messrs. Bates, Bayard, Benjamin, Bigler, Brown, Clay, Clingman, Davis, Fitzpatrick, Green, Houston, Iverson, Johnson, of Tennessee, Jones, Polk, Reid, Rice, Sebastian, Shields, Slidell, Stuart, Toombs, Ward, Wright.

Those who voted in the negative are,

Messrs. Broderick, Cameron, Chandler, Collamer, Crittenden, Dixon, Doolittle, Durkee, Fessenden, Foot, Foster, Gwin, Hale, Hamlin, Hammond, Harlan, Hunter, King, Mason, Pearce, Seward, Simmons, Trumbull, Wade, Wilson.

So the motion was not agreed to.

On motion by Mr. Stuart, that the Senate proceed to the consideration of the bill (H. R. 2) donating public lands to the several States and Territories which may provide colleges for the benefit of agriculture and the mechanic arts,

It was determined in the negative,

Yeas 24

Nays 24

On motion by Mr. Mason,

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

Those who voted in the affirmative are,

Messrs. Allen, Bell, Broderick, Chandler, Collamer, Crittenden, Dixon, Doolittle, Durkee, Fessenden, Foot, Foster, Hamlin, Harlan, Kennedy, King, Seward, Shields, Simmons, Stuart, Trumbull, Wade, Wilson, Wright.

Those who voted in the negative are,

Messrs. Bates, Benjamin, Bigler, Clay, Clingman, Davis, Fitch, Fitzpatrick, Green, Gwin, Hale, Hammond, Hunter, Iverson, Johnson, of Tennessee, Jones, Mason, Polk, Reid, Rice, Sebastian, Slidell, Toombs, Ward.

The Senate being equally divided, the Vice President determined the question in the negative; and

The motion of Mr. Stuart was not agreed to.

0058 58

On motion by Mr. Bayard,

Ordered, That the Committee on the Judiciary Be discharged from the further consideration of the memorial of the Milwaukie and Rock River Canal Company, and that it be referred to the Committee on Public Lands.

Mr. Fitch, from the Committee on Printing, to whom was referred a motion to print the report of the Secretary of the Interior, relative to expenditures by the government in the District of Columbia, the number and value of lots sold, and of those now owned by the United States in the city of Washington, and the estimated value of private property in said city, reported in favor of printing the report; and

The report was agreed to.

After the consideration of executive business,

The Senate adjourned.

THURSDAY, December 16, 1858. Link to Annals.

On motion by Mr. Allen,

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

The Vice President laid before the Senate a report of the Secretary of the Treasury, communicating, in compliance with a resolution of the Senate, a report of the Superintendent of the Coast Survey and of Weights and Measures, showing the cost and progress of those works in each year; also the weights and measures furnished the several States and custom-houses, and their cost; which was read.

Ordered, That it lie on the table.

Mr. Shields presented the petition of Vincent Kokowski, an old soldier at the Military Asylum in the District of Columbia, praying to be allowed a pension to enable him to live with his family; which was referred to the Committee on Pensions.

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

Resolved, That the President of the United States be requested to communicate to the Senate, if in his opinion not incompatible with the public interest, any information in his possession in relation to the landing of the barque Wanderer on the coast of Georgia with a cargo of slaves.

Mr. Wilson gave notice of his intention to propose an amendment to the bill (S. 8) to organize the Territory of Arizona and to create the office of surveyor general therein, to provide for the examination of private land claims, to grant donations to actual settlers, to survey the public and private lands, and for other purposes.

On motion by Mr. Wilson,

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

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

Resolved, That the Secretary of War be directed to communicate to 0059 59 the Senate the last annual report of Lieutenant Colonel J. D. Graham, on the lake harbors from Lake Michigan to Lake Champlain, including Lakes Erie and Ontario.

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

Resolved, That the Committee on Patents and the Patent Office be instructed to inquire what legislation is necessary to enable the Commissioner of Patents to compel the attendance and examination of witnesses and the production of books, contracts, and vouchers, and a full disclosure, by patentees and others, of all facts upon which any claim for the extension or re-issue of a patent may be claimed; and that said committee report by bill or otherwise.

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

Resolved, That the Clerk of the House of Representatives be requested to communicate to the Senate the papers which accompany the memoria of the Penny Post Company of California, now on the files of the House.

The Senate proceeded to consider, as in Committee of the Whole, the bill (H. R. 318) recognizing the assignment on land warrant No. 35, 956, issued to John Davis, as valid; and, no amendment being made, it was reported to the Senate.

Ordered, That it pass to a third reading.

The said bill was read the third time.

Resolved, That it pass.

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

Mr. Mason asked and, by unanimous consent, obtained leave to bring in a joint resolution (S. 55) authorizing Townsend Harris and H. C. I. Heusken, respectively, to accept certain presents from her Majesty the Queen of Great Britain and Ireland; which was read the first and second times, by unanimous consent, and referred to the Committee on Foreign Relations.

Mr. Mason, from the Committee on Foreign Relations, to whom was referred the joint resolution (S. 55) authorizing Townsend Harris and H. C. I. Heusken, respectively, to accept certain presents from her Majesty the Queen of Great Britain and Ireland, reported it without amendment, and submitted a letter from the Secretary of State and other papers on the subject; which were ordered to be printed.

Mr. Chandler presented the memorial of Lewis Purdy and others, officers and soldiers in the Black Hawk war, praying such an amendment of the bounty land laws as will include those who served in said war less than fourteen days; which was referred to the Committee on Pensions.

Mr. Fitch, from the Committee on Printing, to whom was referred a motion to print twenty thousand additional copies of the President's message and accompanying documents, reported the following resolutions; which were considered, by unanimous consent, and agreed to:

Resolved, That there be printed for the use of the Senate ten thousand copies of the message of the President of the United States, with the reports proper of the heads of departments and chiefs of bureaus, 0060 60 communicated therewith, omitting the statistical matter accompanying said reports, and one thousand two hundred additional copies for the use of heads of departments.

Resolved, further, That there be printed, in addition, two thousand copies of the report of the Commissioner of Indian Affairs, for the use of his office; one thousand additional copies of the report of the Commissioner of the General Land Office, for the use of his office; five hundred additional copies of the report of the Commissioner of Public Buildings, for the use of that office; five hundred additional copies of the report of the officers in charge of the Government Hospital for the Insane, for their use; and five hundred additional copies of the report of the officers in charge of the Penitentiary for the District of Columbia, for their use.

On motion by Mr. Clingman, that the Senate proceed to the consideration of the resolution submitted by him the 13th instant relative to the abrogation of the Clayton-Bulwer treaty,

It was determined in the negative,

Yeas 22

Nays 28

On motion by Mr. Clingman,

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

Those who voted in the affirmative are,

Messrs. Bayard, Benjamin, Bright, Broderick, Clark, Clay, Clingman, Crittenden, Fitzpatrick, Green, Houston, Iverson, Mason, Polk, Reid, Rice, Shields, Toombs, Trumbull, Wade, Ward, Wilson.

Those who voted in the negative are,

Messrs. Allen, Bell, Bigler, Chandler, Collamer, Davis, Dixon, Doolittle, Durkee, Fessenden, Fitch, Foot, Foster, Gwin, Hale, Hamlin, Hammond, Harlan, Hunter, Johnson, of Tennessee, Jones, King, Sebastian, Seward, Slidell, Stuart, Thomson, of New Jersey, Wright.

So the motion was not agreed to.

Mr. Davis presented the memorial of John A. Ragan, proposing a plan to prevent the overflow of the Mississippi and its tributaries, and praying a grant of land to enable him to effect that object; which was referred to the Committee on Public Lands.

Mr. Davis, from the Committee on Military Affairs and the Militia, to whom was referred the petition of Joseph Verbiski, submitted an adverse report, (No. 333;) which was ordered to be printed.

Mr. Davis, from the Committee on Military Affairs and the Militia, to whom was referred the petition of Augustus Moor, submitted an adverse report, (No. 331;) which was ordered to be printed.

Mr. Davis, from the Committee on Military Affairs and the Militia, to whom was referred the petition of William Merrihew, submitted an adverse report, (No. 332;) which was ordered to be printed.

Mr. Mason asked and, by unanimous consent, obtained leave to bring in a joint resolution (S. 56) authorizing the Secretary of State to pay the salaries of the ministers resident to the Argentine Confederation, Costa Rica, and Honduras; which was read the first and second times, by unanimous consent, and referred to the Committee on Foreign Relations.

On motion by Mr. Dixon, that the Senate reconsider the vote agreeing 0061 61 to the resolution requesting the Clerk of the House of Representatives to communicate to the Senate the papers accompanying the memorial of the Penny Post Company of California,

It was determined in the affirmative.

The resolution being under consideration,

On motion by Mr. Dixon,

Ordered, That it lie on the table.

Mr. Polk presented the memorial of L. W. Boggs, praying an appropriation for his pay as alcalde and judge, under the military government of California; which was referred to the Committee on Claims.

On motion by Mr. Hamlin,

The Senate proceeded to consider, as in Committee of the Whole, the bill (H. R. 342) for the relief of John Campbell; and, no amendment being made, it was reported to the Senate.

Ordered, That it pass to a third reading.

The said bill was read the third time.

Resolved, That it pass.

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

The Senate proceeded to consider, as in Committee of the Whole, the bill (H. R. 302) to continue the office of register of the land office at Vincennes, Indiana; and, no amendment being made, it was reported to the Senate.

Ordered, That it pass to a third reading.

The said bill was read the third time.

Resolved, That it pass.

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

On motion by Mr. Stuart,

The Senate resumed, as in Committee of the Whole, the consideration of the bill (H. R. 2) donating public lands to the several States and Territories which may provide colleges for the benefit of agriculture and the mechanic arts.

On motion by Mr. Stuart,

Ordered, That the further consideration thereof be postponed to, and made the special order of the day for, Tuesday next, at one o'clock.

On motion by Mr. Davis, that the report of the Secretary of the Treasury, communicating a report of the Superintendent of the Coast Survey and of Weights and Measures, be printed,

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

The Senate proceeded to consider the adverse report of the Committee on Revolutionary Claims on the memorial of Nathaniel Champe, in behalf of the heirs of John Champe; and, in concurrence therewith,

Resolved, That the prayer of the memorialist be not granted.

The Senate proceeded to consider the adverse report of the Committee on Pensions on the petition of John Wentworth; and, in concurrence therewith,

Resolved, That the prayer of the petitioner be not granted.

The Senate proceeded to consider the adverse report of the Committee on Pensions on the petition of Albert G. Hopper and others, heirs-at-law of Garrett A. Hopper; and, in concurrence therewith,

0062 62

Resolved, That the prayer of the petitioners be not granted.

The Senate proceeded to consider the adverse report of the Committee on Pensions on the petition of the heirs of Isaac and Sarah Blauvelt; and, in concurrence therewith,

Resolved, That the prayer of the petitioners be not granted.

The Senate proceeded to consider the adverse report of the Committee on Pensions on the petition of Elijah Roath; and, in concurrence therewith,

Resolved, That the prayer of the petitioner be not granted.

The Senate proceeded to consider the adverse report of the Committee on Post Offices and Post Roads on the petition of the legal representative of George Mayo; and, in concurrence therewith,

Resolved, That the prayer of the representatives of George Mayo, deceased, ought not to be granted.

The Senate proceeded to consider the adverse report of the Committee on Naval Affairs on the petition of John Hughes; and, in concurrence therewith,

Resolved, That the prayer of the petitioner ought not to be granted.

The Senate proceeded to consider the adverse report of the Committee on Naval Affairs on the memorial of William H. Kennon; and, in concurrence therewith,

Ordered, That the Committee be discharged from the further consideration of the subject.

The Senate proceeded to consider the adverse report of the Committee on Naval Affairs on the petition of John Pope; and, in concurrence therewith,

Ordered, That the committee be discharged from the further consideration of the subject.

The Senate proceeded to consider the adverse report of the Committee on Revolutionary Claims on the memorial of the heirs of certain officers of the revolution; and, in concurrence therewith,

Ordered, That the committee be discharged from the further consideration of the memorial.

The Senate proceeded to consider the adverse report of the Committee on Revolutionary Claims on the petition of Mary D. Hayes and B. S. Fassett; and, in concurrence therewith,

Resolved, That the prayer of the petitioners be not granted.

The Senate proceeded to consider the adverse report of the Committee on Pensions on the petition of Jane Stoneham; and, in concurrence therewith,

Resolved, That the said petition be not granted.

The Senate proceeded to consider the adverse report of the Committee on Pensions on the petition of Jane Baker, widow of Thomas Baker; and, in concurrence therewith,

Resolved, That the prayer of the petitioner be not granted.

The Senate proceeded to consider the adverse report of the Committee on Revolutionary Claims on the petition of R. S. Hamilton and J. E. L. Hamilton, heirs of Persis Locke; and, in concurrence therewith,

Resolved, That the prayer of the petitioners be not granted.

0063 63

The Senate proceeded to consider the adverse report of the Committee on the District of Columbia on the memorial of the National Institution for the Promotion of Science, at Washington, District of Columbia; and, in concurrence therewith,

Ordered, That the committee be discharged from the further consideration of the subject.

The Senate proceeded to consider the adverse report of the Committee on Pensions on the petition of the heirs of Mary Hopper, widow of John A. Hopper; and, in concurrence therewith,

Resolved, That the prayer of the petitioners ought not to be granted.

The Senate proceeded to consider the adverse report of the Committee on Public Lands on the petition of Richard E. Randolph; and, in concurrence therewith,

Resolved, That the prayer of the petitioner ought not to be granted.

The Senate proceeded to consider the adverse report of the Committee on Pensions on the petition of Joseph Dowd; and, in concurrence therewith,

Resolved, That the prayer of the petitioner be not granted.

The Senate proceeded to consider the adverse report of the Committee on Public Lands on the petition of citizens of Taylor county, Iowa; and, in concurrence therewith,

Ordered, That the committee be discharged from the further consideration of the petition.

The Senate proceeded to consider the adverse report of the Committee on Military Affairs and the Militia on the petition of Alexander Hays; and, in concurrence therewith,

Resolved, That the prayer of the petitioner be not granted.

The Senate proceeded to consider the adverse report of the Committee on Revolutionary Claims on the memorial of the heirs of Roger Kean; and, in concurrence therewith,

Resolved, That the prayer of the memorialist be not granted.

The Senate proceeded to consider the adverse report of the Committee on Revolutionary Claims on the memorial of the heirs of Samuel Hammond; and, in concurrence therewith,

Resolved, That the prayer of the memorialists be not granted.

The Senate proceeded to consider the adverse report of the Committee on Claims on the petition of Mary B. Renner, executrix of Daniel Renner; and, in concurrence therewith,

Resolved, That the prayer of the petitioner be not granted.

The Senate proceeded to consider the adverse report of the Committee on Military Affairs and the Militia on the memorial of William F. Russell; and, in concurrence therewith,

Resolved, That the prayer of the memorialist be denied.

The Senate proceeded to consider the adverse report of the Committee on Claims on the petition of Robert A. Wainwright; and, in concurrence therewith,

Resolved, That the petitioner is not entitled to relief.

The Senate proceeded to consider the adverse report of the Committee on Naval Affairs on the petition of Martin Hubbard; and, in concurrence therewith,

0064 64

Ordered, That the committee be discharged from the further consideration of the subject.

The Senate proceeded to consider the adverse report of the Committee on Military Affairs and the Militia on the petition of John Carris and others of Captain Campbell's company of volunteers; and, in concurrence therewith,

Resolved, That the prayer of the petitioners be not granted.

The Senate proceeded to consider the adverse report of the Committee on Commerce on the resolution of the legislature of Iowa relative to a post office, court-house, and custom-house at Burlington, Iowa; and, in concurrence therewith,

Ordered, That the committee be discharged from the further consideration of the resolution.

The Senate proceeded to consider the adverse report of the Committee on Indian Affairs on the petition of D. Meriwether; and, in concurrence therewith,

Resolved, That the prayer of the petitioner be not granted.

The Senate proceeded to consider the adverse report of the Committee on Pensions on the petition of John S. Devlin; and, in concurrence therewith,

Resolved, That the prayer of the petitioner be denied.

The Senate proceeded to consider the adverse report of the Committee on Pensions on the petition of William R. Brownlee; and, in concurrence therewith,

Resolved, That the prayer of the petitioner be denied.

The Senate proceeded to consider the adverse report of the Committee on Claims on the memorial of the legal representatives of Seth Belknap; and, in concurrence therewith,

Resolved, That the prayer of the memorialists ought not to be granted.

The Senate proceeded to consider the adverse report of the Committee on Naval Affairs on the petition of J. H. Carter, J. W. Bennett, and R. B. Lowry; and, in concurrence therewith,

Resolved, That the prayer of the petitioners be not granted.

The Senate proceeded to consider the adverse report of the Committee on Naval Affairs on the petition of William Reynolds; and, in concurrence therewith,

Resolved, That the prayer of the petitioner be rejected.

The Senate proceeded to consider the adverse report of the Committee on Naval Affairs on the petition of W. W. Bassett; and, in concurrence therewith,

Resolved, That the prayer of the petitioner be not granted.

The Senate proceeded to consider the adverse report of the Committee on Claims on the petition of the heirs of Jabez B. Rooker; and, in concurrence therewith,

Resolved, That the prayer of the petitioners ought not to be granted.

The Senate proceeded to consider the adverse report of the Committee on Claims on the claim of Ann Mathieson for property destroyed; and, in concurrence therewith,

Resolved, That the claim be rejected.

0065 65

The Senate proceeded to consider the adverse report of the Committee on Post Offices and Post Roads on the memorial of John M. Hinton; and, in concurrence therewith,

Resolved, That the prayer of the memorialist ought not to be granted.

The Senate proceeded to consider the adverse report of the Committee on Revolutionary Claims on the petition of Lucretia Bell, heir of Jane Van Dean, widow of Abraham Van Buskirk; and, in concurrence therewith,

Resolved, That the prayer of the petitioner be not granted.

The Senate proceeded to consider the adverse report of the Committee on Pensions on the petition of Nannie Denman, widow of Lieutenant F. J. Denman; and, in concurrence therewith,

Resolved, That the prayer of the petitioner be denied.

The Senate proceeded to consider the adverse report of the Committee on Pensions on the petition of Joseph Paul; and, in concurrence therewith,

Resolved, That the prayer of the petitioner be denied.

The Senate proceeded to consider the adverse report of the Committee on Pensions on the memorial of A. B. and D. R. Hagner, guardians of the children of J. R. Hagner; and, in concurrence therewith,

Resolved, That the prayer of the memorialists be denied.

The Senate proceeded to consider the adverse report of the Committee on Pensions on the petition of Charles West; and, in concurrence therewith,

Ordered, That the committee be discharged from the further consideration of the petition.

The Senate proceeded to consider the adverse report of the Committee on Revolutionary Claims on the petition of the legal representetives of James Purvis; and, in concurrence therewith,

Resolved, That the prayer of the petitioners be not granted.

The Senate proceeded to consider the adverse report of the Committee on Revolutionary Claims on the petition of John W. Pray; and, in concurrence therewith,

Resolved, That the prayer of the petitioner be rejected.

The Senate proceeded to consider the adverse report of the Committee on Revolutionary Claims on the petition of John Mason and others, heirs of Jeremiah Gilman; and, in concurrence therewith,

Resolved, That the prayer of the petitioners be not granted.

The Senate proceeded to consider the adverse report of the Committee on Revolutionary Claims on the petition of Elizabeth A. Middleton, heir of Belain Posey; and, in concurrence therewith,

Resolved, That the prayer of the petitioner be not granted.

The Senate proceeded to consider the adverse report of the Committee on Revolutionary Claims on the petition of Nancy Hammond, daughter of James Dennison; and, in concurrence therewith,

Resolved, That the prayer of the petitioner be not granted.

The Senate proceeded to consider the adverse report of the Committee on Revolutionary Claims on the petition of Catharine L. McLeod, heir of Ebenezer Markham; and, in concurrence therewith, 5

0066 66

Ordered, That the committee be discharged from the further consideration of the petition.

The Senate proceeded to consider the adverse report of the Committee on Claims on the petition of Richard G. Dove; and, in concurrence therewith,

Resolved, That the prayer of the petitioner be rejected.

The Senate proceeded to consider the adverse report of the Committee on Pensions on the petition of Adam Hays; and, in concurrence therewith,

Resolved, That the prayer of the petitioner be denied.

The Senate proceeded to consider the adverse report of the Committee on Private Land Claims on the petition of Jacob W. Morse; and, in concurrence therewith,

Ordered, That the committee be discharged from the further consideration of the petition.

The Senate proceeded to consider the adverse report of the Committee on Claims on the petition of James Hendebert; and, in concurrence therewith,

Resolved, That the allegations of the petitioner do not present any claim on his part against the government.

The Senate proceeded to consider the adverse report of the Committee on Military Affairs and the Militia on the resolution of the legislature of California relative to the Monterey Redoubt; and, in concurrence therewith,

Resolved, That the prayer of the legislature of California be denied.

The Senate proceeded to consider the adverse report of the Committee on Military Affairs and the Militia on the petition of Isaac W. Brown; and, in concurrence therewith,

Resolved, That the prayer of the petitioner be not granted.

The Senate proceeded to consider the adverse report of the Committee on Claims on the petition of O. H. Browne; and, in concurrence therewith,

Resolved, That the petitioner is not entitled to indemnity from the United States.

The Senate proceeded to consider the adverse report of the Committee on Claims on the petition of William L. S. Dearing; and, in concurrence therewith,

Resolved, That no case is presented calling for the interposition of special legislation for the relief of the claimant.

The Senate proceeded to consider the adverse report of the Committee on Pensions on the petition of William Blake; and, in concurrence therewith,

Resolved, That the prayer of the petitioner he not granted.

The Senate proceeded to consider the adverse report of the Committee on Pensions on the petition of Thomas Watts; and, in concurrence therewith,

Resolved, That the prayer of the petitioner be denied.

The Senate proceeded to consider the adverse report of the Committee on Pensions on the petition of Charles Grampp; and, in concurrence therewith,

0067 67

Resolved, That the prayer of the petitioner be denied.

The Senate proceeded to consider the adverse report of the Committee on Pensions on the claim of Adam Sener; and, in concurrence therewith,

Resolved, That the prayer of the claimant be denied.

The Senate proceeded to consider the adverse report of the Committee on the Judiciary on the petition of Francis D. Pens; and, in concurrence therewith,

Resolved, That the prayer of the petitioner be not granted.

The Senate proceeded to consider the adverse report of the Committee on the Judiciary on the application of certain members of the legislature of Ohio for an increase of the pay of the United States judges in the district of Ohio; and, in concurrence therewith,

Resolved, That the application be not granted.

The Senate proceeded to consider the adverse report of the Committee on Military Affairs and the Militia on the petitions of the Rhode Island militia relative to the militia system; and, in concurrence therewith,

Ordered, That the committee be discharged from the further consideration of the petitions.

The Senate proceeded to consider the adverse report of the Committee on Claims on the memorial of Louis F. Tasistro; and, in concurrence therewith,

Resolved, That the prayer of the memorialist be not granted.

The Senate proceeded to consider the adverse report of the Committee on Commerce on the petition of the Florida Steam Packet Company; and, in concurrence therewith,

Resolved, That the committee be discharged from the further consideration of the subject.

The Senate proceeded to consider the adverse report of the Committee on Post Offices and Post Roads on the memorial of John Frink; and, in concurrence therewith,

Resolved, That the prayer of the memorialist ought not to be granted.

The Senate proceeded to consider the adverse report of the Committee on Post Offices and Post Roads on the petition of S. Van Sickell, J. R. Bellerjeau, and George C. Leidey; and, in concurrence therewith,

Resolved, That the prayer of the petitioners ought not to be granted.

The Senate proceeded to consider the adverse report of the Committee on Commerce on the petition of Bowne and Curry; and, in concurrence therewith,

Resolved, That the prayer of the petitioners be not granted.

The Senate proceeded to consider the adverse report of the Committee on Commerce on the memorial of Beverly Diggs; and, in concurrence therewith,

Resolved, That the prayer of the memorialist be not granted.

The Senate proceeded to consider the adverse report of the Committee on Pensions on the petition of Joseph Haynes; and, in concurrence therewith,

Resolved, That the prayer of the petitioner be denied.

The Senate proceeded to consider the adverse report of the Committee 0068 68 on Patents and the Patent Office on the petition of Nathan Scholfield; and, in concurrence therewith,

Ordered, That the committee be discharged from the further consideration of the petition.

The Senate proceeded to consider the adverse report of the Committee on Commerce on the petition of sundry inhabitants of Duxbury, Massachusetts, relative to the fisheries; and, in concurrence therewith,

Ordered, That the committee be discharged from the further consideration of the subject.

The Senate proceeded to consider the adverse report of the Committee on Claims on the memorial of Hezekiah Miller; and, in concurrence therewith,

Resolved, That the prayer of the memorialist be not granted.

The Senate proceeded to consider the adverse report of the Committee on Post Offices and Post Roads on the petition of John Wightman; and, in concurrence therewith,

Resolved, That the committee be discharged from the further consideration of the subject.

The Senate proceeded to consider the adverse report of the Committee on Indian Affairs on the memorial of James B. Thomas; and, in concurrence therewith,

Ordered, That the Committee be discharged from the further consideration of the subject.

The Senate proceeded to consider the adverse report of the Committee on the District of Columbia on the petition of A. G. Carothers and others; and, in concurrence therewith,

Ordered, That the committee be discharged from the further consideration of the subject.

The Senate proceeded to consider the adverse report of the Committee on Commerce on the petition of Noah Miller; and, in concurrence therewith,

Ordered, That the committee be discharged from the further consideration of the subject.

The Senate proceeded to consider the adverse report of the Committee on Foreign Relations on the memorial of Samuel Bromberg; and, in concurrence therewith,

Ordered, That the committee be discharged from the further consideration of the subject.

The Senate proceeded to consider the adverse report of the Committee on Pensions on the petition of Matthew Flausburgh; and, in concurrence therewith,

Resolved, That the prayer of the petitioner be denied.

The Senate proceeded to consider the adverse report of the Committee on Commerce on the memorial of William A. Vaughan, John Smith, William D. Little, and Nathaniel Dennett, jr.; and, in concurrence therewith,

Resolved, That the prayer of the memorialists be not granted.

The Senate proceeded to consider the adverse report of the Committee on Naval Affairs on the claim of Elbridge Lawton; and, in concurrence therswith,

0069 69

Ordered, That the committee be discharged from the further consideration of the subject.

The Senate proceeded to consider the adverse report of the Committee on Territories on the memorial of Giles S. Isham; and, in concurrence therewith,

Resolved, That the prayer of the memorialist be not granted.

The Senate proceeded to consider the adverse report of the Committee on Claims on the petition of G. W. Bluford; and, in concurrence therewith,

Resolved, That the claimant is not entitled to relief.

The Senate proceeded to consider the adverse report of the Committee on Pensions on the petition of John Leach; and, in concurrence therewith,

Resolved, That the prayer of the petitioner be denied.

The Senate proceeded, to consider the adverse report of the Committee on Pensions on the petition of Anna M. M'Kenney; and, in concurrence therewith,

Resolved, That the prayer of the petitioner ought not to be granted.

The Senate proceeded to consider the adverse report of the Committee on Claims on the petition of Ebenezer Ballard and others; and, in concurrence therewith,

Resolved, That the claim ought not to be allowed.

The Senate proceeded to consider the adverse report of the Committee on Claims on the memorial of Michael Nourse; and, in concurrence therewith,

Ordered, That the committee be discharged from the further consideration of the subject.

The Senate proceeded to consider the adverse report of the Committee on Claims on the petition of Charles Vinson; and, in concurrence therewith,

Ordered, That the committee be discharged from the further consideration of the subject.

The Senate proceeded to consider the, adverse report, of the Committee on Military Affairs and the Militia on the petition of R. F. Hunter; and, in concurrence therewith,

Resolved, That the prayer of the petitioner be not granted.

The Senate proceeded to consider the adverse report of the Committee on Pensions on the petition of John H. Yewell; and, in concurrence therewith,

Resolved, That the prayer of the petitioner be denied.

The Senate proceeded to consider the adverse report of the Committee on Claims on the memorial of Riggs & Co.; and, in concurrence therewith,

Ordered, That the committee be discharged from the further consideration of the memorial.

The Senate proceeded to consider the adverse report of the Committee on Claims on the petition of Charlotte Taylor; and, in concurrence therewith,

Ordered, That the committee be discharged from the further consideration of the subject.

The Senate proceeded to consider the adverse report of the Committee 0070 70 on Naval Affairs on the memorial of George T. Parry; and, in concurrence therewith,

Ordered, That the committee be discharged from the further consideration of the subject.

The Senate proceeded to consider the adverse report of the Committee on Naval Affairs on the memorial of Reynell Coates; and, in concurrence therewith,

Ordered, That the committee be discharged from the further consideration of the subject.

The Senate proceeded to consider the adverse report of the Committee on Claims on the claim of James A. Mott; and, in concurrence therewith,

Resolved, That the claim be rejected.

The Senate proceeded to consider the following adverse reports:

Report of the Committee on Private Land Claims adversely on the petition of Cassandra S. Witherell.

Report of the Committee on the District of Columbia adversely on the petition of sundry inhabitants of Montgomery county, Maryland.

Report of the Committee on Pensions adversely on the claim of James Baldwin.

Report of the Committee on Pensions adversely on the petition of Harrison Sargent.

Report of the Committee on the District of Columbia adversely on the petition of citizens of the District relative to improving Boundary street.

Reports of the Committee on Pensions adversely on the petition of Frances Cato, and the petition of Edward Merritt.

Report of the Committee on Commerce adversely on the memorial of Douglas Ottinger.

Reports of the Committee on Pensions adversely on the petition of Rachel Posey, the claim of Francis Hutinack, and the claim of Rachel Morey.

Report of the Committee on Commerce adversely on the resolution of Mr. Johnson, of Arkansas, relative to the raft of Red river.

Report of the Committee on Indian Affairs adversely on resolutions of the legislature of California, relative to the Sebastian Indian reservation in that State.

Reports of the Committee on Pensions adversely on the petition of Joseph Morrow, the memorial of Ebenezer Watson, the petition of John Drout, and the petition of Lydia Weeks.

Report of the Committee on Indian Affairs adversely on the petition of the children of Stephen Krebs.

Report of the Committee on Pensions adversely on the petition of Cynthia Cony.

Report of the Committee on Indian Affairs adversely to the claim of George Chorpenning, jr., for indemnity for Indian spoliations.

Report of the Committee on the Judiciary adversely on the presentment of the grand jury of the United States for the northern district of Florida.

Report of the Committee on the Judiciary adversely on a resolution of the Senate relative to granting additional powers to United States district courts in California.

0071 71

Report of the Committee on the Judiciary adversely on a presentment of the grand jury of the United States district court at Greenville, and a presentment of the grand jury of the United States district court at Charleston, in South Carolina; the memorial of members of the bar of the northern district of Florida; the presentment of the grand jury of the United States for the northern district of Florida, and a resolution of the legislature of Texas.

Reports of the Committee on Public Lands adversely on the petition of Eliphalet Lyman, the petition of Henrietta Carroll, the memorial of William Fleming and others in behalf of the marine artillery of the war of 1812, the petition of Mary S. Taylor, and the petition of Thomas Jones and others.

Reports of the Committee on Commerce adversely on the petition of Samuel S. Powell and others, and the petition of J. Hosford Smith.

Report of the Committee on Indian Affairs adversely on the memorial of the Executive Board of the American Indian Aid Association.

Report of the Committee to Audit and Control the Contingent Expenses of the Senate adversely on a resolution of the Senate relative to the pay of the binders of the Congressional Globe and Appendix for the 34th Congress.

Report of the Committee on Claims adversely on the memorial of Daniel J. Browne; and,

The said reports were severally agreed to.

The Senate proceeded to consider the report of the Committee on the Judiciary on the memorials of the Magnetic Telegraph Company, and the New England Union Telegraph Company, and the memorial of the American Telegraph Company; and, in concurrence therewith,

Ordered, That the Committee be discharged from the further consideration of the subject.

The Senate proceeded to consider, as in Committee of the Whole, the bill (S. 2) granting a homestead of one hundred and sixty acres of the public lands to actual settlers.

On motion by Mr. Stuart,

Resolved, That the further consideration thereof be postponed indefinitely.

The Senate proceeded to consider the following bills and joint resolutions, as in Committee of the Whole:

S. 108. Bill for the relief of O. H. Berryman and others.

S. 49. Bill to provide for the construction of a court-house, post office, and custom-house, in Apalachicola, in the State of Florida.

S. 19. Joint resolution to extend the limitations of the act, entitled “An act for the relief of citizens of towns upon lands of the United States, under certain circumstances,” approved May 23, 1841.

S. 139. Bill amendatory to the act entitled “An act in addition to certain acts granting bounty lands to certain officers and soldiers who have been engaged in the military service of the United States,” approved March 3, 1855.

S. 121. Bill for the relief of Sturges, Bennett & Co., merchants of the city of New York.

S. 56. Bill explanatory of an act, entitled “An act in addition to certain acts granting bounty lands to certain officers and soldiers who 0072 72 have been engaged in the military service of the United States,” approved March 3, 1855.

S. 23. Bill for the relief of Robert Dickson, of the Kentucky volunteers.

S. 20. Bill to amend an act entitled “An act to provide for holding the courts of the United States, in the case of sickness, or other disability of the judges of the district courts,” approved July 29, 1856.

S. 133. Bill to extend an act approved the 3d day of February, 1853, entitled “an act to continue half pay to certain widows and orphans.”

S. 234. Bill for the remission of fines, penalties, and forfeitures.

S. 169. Bill in relation to certain land claims.

S. 251. Bill in relation to conflicting land claims.

S. 62. Bill to establish an additional land district in the State of Iowa.

S. 299. Bill to establish an additional land district in the State of Iowa.

S. 5. Bill to provide for the survey of the Ohio river and its principal tributaries.

S. 7. Bill for the improvement of navigation at the Falls of the Ohio river.

S. 43. Bill to authorize the improvement of the Mississippi, Missouri, Ohio, and Arkansas rivers, by contract, and making appropriations for the same.

S. 146. Bill making an appropriation for deepening the channel of the St. Mary's river, in the State of Michigan.

S. 339. Bill granting a pension to Joseph Vance.

S. 17. Bill to divide the State of Indiana into two judicial districts, and to provide for holding the district and circuit courts of the United States therein.

S. 21. Bill to divide the State of Iowa into two judicial districts.

S. 280. Bill to repeal the twenty-fifth section of the act to establish the judicial courts of the United States, approved September 24, 1789.

S. 10. Joint resolution directing the Secretary of the Interior to pay certain pension claims therein specified.

S. 399. Bill to amend an act entitled “an act to extend pre-emption rights to certain lands therein mentioned,” approved March 3, 1853.

S. 423. Bill for the relief of Jane Perry.

S. 105. Bill to ascertain and adjust the titles to certain lands in Kansas.

S. 27. Resolution authorizing the suspension of sales of public lands in the Territory of Kansas.

S. 378. Bill to enable the Columbian College, in the District of Columbia, to found and establish a professorship of agriculture and mechanical science, and to complete her endowment fund, and for the benefit of the public schools of Washington, D. C.

S. 379. Bill to enable the Columbian College, in the District of Columbia, to found and establish a professorship of agriculture and mechanical science, and complete her endowment fund, and for the benefit of the public schools of Washington, District of Columbia.

0073 73

S. 24. Bill to secure to actual settlers the alternate sections of the public lands reserved in the grants of the States for railroads.

S. 415. Bill to extend the principles of the pre-emption act to certain lands herein mentioned, and for other purposes.

S. 369. Bill to amend an act entitled “An act making appropriations for the current and contingent expenses of the Indian department,” approved July 30, 1854.

S. 29. Joint resolution to refer the claim of Joseph Valliere, deceased, to the Court of Claims.

S. 448. Bill to repeal an act entitled “An act to expedite telegraphic communication for the uses of the government in its foreign intercourse,” approved March 3, 1857.

S. 401. Bill to facilitate communication between the Atlantic and Pacific States by electric telegraph.

S. 281. Bill to secure a prompt construction of a line of telegraph from San Francisco to Fort Smith, and from thence to St. Louis and to Memphis.

S. 44. Joint resolution to grant to the judges and solicitor of the Court of Claims the use of the Congressional Library, and for other purposes.

S. 14. Joint resolution authorizing the appointment of commissioners to examine into the difficulties in the affairs of the Territory of Utah, with a view to their settlement.

S. 372. Bill to settle the titles to certain lands belonging to the half-breed Kansas Indians, in Kansas Territory.

S. 66. Bill to amend an act entitled “An act to continue half-pay to certain widows and orphans,” approved February 3, 1853.

S. 12. Resolution to authorize the Secretary of War to modify a contract made with Righter & Crain for the removal of obstructions in South west pass and Pass à l'Outre, at the mouth of the Mississippi river; and,

On motion by Mr. Stuart,

Resolved, That they be severally postponed indefinitely.

The Senate proceeded to consider, as in Committee of the Whole, the following bills:

H. R. 14. An act to authorize the Secretary of the Treasury to issue a register or enrollment to the vessel called the James McIndoe, now owned by Thomas Coatsworth, of Buffalo, New York.

H. R. 222. An act for the relief of Elizabeth E. V. Fields.

H. R. 365. An act granting a pension to Jeremiah Wright.

H. R. 652. An act to repeal the second section of the act entitled “An act to establish certain post roads,” approved June 14, 1858; and,

On motion

Resolved, That they be severally postponed indefinitely.

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

The Senate proceeded to consider, as in Committee of the Whole, the bill (S. 14) to confirm the title in a certain tract of land in the State of Missouri to the heirs and legal representatives of Thomas Maddin, deceased; and,

0074 74

On motion by Mr. Stuart,

Resolved, That it be recommitted to the Committee on Private Land Claims.

Mr. Iverson, by unanimous consent, asked and obtained leave to bring in a bill (S. 473) to allow back pay to certain naval officers; which was read the first and second times, by unanimous consent; and

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

The Senate resumed the consideration of the bill (S. 65) to authorize the President of the United States to contract for the transportation of the mails, troops, seamen, munitions of war, and all other government service, by railroad, from the Missouri river to San Francisco, in the State of California; and,

After the consideration of executive business,

The Senate adjourned.

MONDAY, December 20, 1858. Link to Annals.

Mr. Mallory, from the State of Florida, attended.

Mr. Jones reported from the committee that they had examined and found duly enrolled the following bills:

H. R. 302. An act to continue the office of register of the land office at Vincennes, Indiana.

H. R. 318. An act recognizing the assignment on land warrant number thirty-five thousand nine hundred and fifty-six, (35,956,) issued to John Davis, as valid.

H. R. 342. An act for the relief of John Campbell.

The Vice President laid before the Senate a report of the Secretary of the Senate, showing the payments from the contingent fund of the Senate during the year ending December 4, 1858; which was read.

Ordered, That it be printed.

The Vice President laid before the Senate a letter of the Second Auditor of the Treasury, communicating copies of accounts of persons charged with the disbursement or application of moneys, goods, or effects, for the benefit of the Indians, during the year ending June 30, 1858, together with a list of the names of the persons to whom goods, moneys, or effects have been delivered during that period; which was read.

Ordered, That it lie on the table.

On motion by Mr. Stuart, that the letter and accompanying papers be printed,

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

A message from the House of Representatives by Mr. Allen, its Clerk:

Mr. President: The Speaker of the House of Representatives having signed three enrolled bills, H. R. 302, H. R. 318, and H. R. 342, I am directed to bring them to the Senate for the signature of its President.

The Vice President signed the three enrolled bills this day reported to have been examined, and they were delivered to the committee to be presented to the President of the United States.

0075 75

The Senate proceeded to consider the resolution of the House of Representatives for the appointment of a committee to digest and revise the rules of order, and to suggest alterations and amendments, with authority to meet such committee as may be appointed by the Senate to revise the joint rules of the two Houses; and,

On motion by Mr. Stuart,

Ordered, That it lie on the table.

On motion by Mr. Hamlin, the Senate reconsidered the vote agreeing to the adverse report of the Committee on Commerce on the petition of Douglas Ottinger; and,

On motion by Mr. Hamlin,

Ordered, That the petition be recommitted to the Committee on Commerce.

Mr. Wade presented the petition of Margaret Halsey, widow of Daniel Cushing, who was an officer in the last war with Great Britain; praying to be allowed a pension; which was referred to the Committee on Pensions.

Mr. Wade presented the petition of Mary Morris, widow of Peter Louis Morris, a soldier in the war of 1812, praying to be allowed a pension; which was referred to the Committee on Pensions.

Mr. Chandler presented the petition of Sheldon McKnight, praying additional compensation for carrying the mails on the Cleveland, Detroit, and Lake Superior routes, from the year 1848 to the present time; which was referred to the Committee on Post Offices and Post Roads.

On motion by Mr. Pearce,

Ordered, that the petition and papers of the heirs of Robert Sewall, deceased, on the files of the Senate, be referred to the Court of Claims.

Mr. Kennedy presented the memorial of Thomas Coward, praying a pension for services as a privateersman during the last war with Great Britain; which was referred to the Committee on Pensions.

Mr. Broderick presented the memorial of Richard Roman, a commissary of subsistence during the last war with Great Britain, praying to be credited with an amount disallowed in the settlement of his accounts; which was referred to the Committee on Claims.

Mr. Broderick presented the petition of Richard Chenery, assignee of H. B. Russ, praying payment for paving the street in front of the custom-house in San Francisco, which was referred to the Committee on Commerce.

Mr. Thompson, of Kentucky, submitted the following resolution for consideration:

Resolved, That the Sergeant-at-Arms be authorized to employ a person in the service of the Senate in the place and at the same compensation of A. H. Ragan, promoted.

Mr. Allen submitted the following resolution; which was read:

Resolved, by the Senate and House of Representatives of the United States of America in Congress assembled, That when the two Houses adjourn on the 23d instant they adjourn to meet on Tuesday, the the fourth of January next.

The 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.

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

The said resolution was read the third time, by unanimous consent.

On the question, Shall the resolution pass?

It was determined in the affirmative,

Yeas 29

Nays 21

On motion by Mr. Foot,

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

Those who voted in the affirmative are,

Messrs. Allen, Bigler, Bright, Broderick, Clay, Crittenden, Fitch, Green, Hale, Hammond, Houston, Iverson, Kennedy, King, Mason, Pearce, Polk, Sebastian, Seward, Shields, Simmons, Slidell, Stewart, Thompson, of Kentucky, Thomson, of New Jersey, Toombs, Trumbull, Wilson, Wright.

Those who voted in the negative are,

Messrs. Chandler, Clark, Clingman, Collamer, Davis, Dixon, Doolittle, Durkee, Fessenden, Fitzpatrick, Foot, Foster, Gwin, Hamlin, Hunter, Johnson, of Tennessee, Jones, Reid, Rice, Wade, Ward.

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

Mr. Green presented the petition of A. Payne, praying the passage of a law repealing the condition of settlement and cultivation imposed upon purchasers of lands graduated to twelve and a half cents per acre; which was referred to the Committee on Public Lands.

Mr. Collamer presented the memorial of Lieutenant T. H. Patterson, of the navy, praying to be allowed the pay due him by law for services as an officer of the astronomical expedition to Chile; which was referred to the Committee on Naval Affairs.

Agreeably to notice, Mr. Pearce asked and obtained leave to bring in a bill (S. 476) to authorize the President to make advances of money to Hiram Powers; which was read the first and second times, by unanimous consent, and referred to the Committee on the Library.

Mr. Sebastian submitted the following resolution; which was considered, by unanimous consent, and referred to the Committee to Audit and Control the Contingent Expenses of the Senate:

Resolved, That there be paid, out of the contingent fund of the Senate, to the widow of James F. Morton, late superintendent of furnaces, the sum of one hundred and fifty dollars for funeral expenses, and an amount equal to one quarter's salary of the deceased.

Mr. Clark presented the petition of Joseph Wilcomb, a soldier in the war of 1812, praying to be allowed an invalid pension; which was referred to the Committee on Pensions.

On motion by Mr. Stuart,

Ordered, That so much of the message of the President of the United States as relates to the public lands be referred to the Committee on Public Lands.

Mr. Jones presented a petition of citizens of Iowa, praying the establishment of a mail route from New Oregon to New Hampton, in that State; which was referred to the Committee on Post Offices and Post Roads.

Mr. Jones presented two petitions of citizens of Iowa, praying the establishment of a new land district in the northwestern part of the State; which was referred to the Committee on Public Lands.

0077 77

Mr. Fitch asked and, by unanimous consent, obtained leave to bring in a bill (S. 474) to provide for a superintendent of Indian affairs for Washington Territory and additional Indian agents; which was read the first and second times, by unanimous consent, and referred to the Committee on Indian Affairs.

Agreeably to notice, Mr. Rice asked and obtained leave to bring in a bill (S. 475) to organize the Territory of Dacotah, and for other purposes; which was read the first and second times, by unanimous consent, and referred to the Committee on Territories.

Mr. Mallory presented the petition of Sarah Hutton, daughter and heir of Jane Baker, praying to be allowed a pension for the services of Thomas Baker in the navy of the revolution; which was referred to the Committee on Pensions.

Mr. Mallory presented the petition of Thomas Brown, administrator of George Fisher, deceased, praying an amendment of the joint resolution of last session, devolving on the Secretary of War the execution of the act of December 22, 1854; which was referred to the Committee on Claims.

Mr. Thomson, of New Jersey, presented the memorial of Harriet S. Wyman, widow of Captain Thomas W. Wyman of the navy, praying to be allowed a pension; which was referred to the Committee on Pensions.

On motion by Mr. Johnson, of Tennessee,

The Senate reconsidered the vote agreeing to the adverse report of the Committee to Audit dud Control the Contingent Expenses of the Senate on the resolution by Mr. Bright, relative to the pay of the binders of the Congressional Globe and Appendix for the 34th Congress; and,

On motion by Mr. Johnson, of Tennessee,

Ordered, That the report be recommitted to the Committee to Audit and Control the Contingent Expenses of the Senate.

On motion by Mr. Crittenden,

Ordered, That the bill (S. 45) 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, he reprinted.

Mr. Fitch, from the Committee on Printing, to whom was referred a motion to print the report of the Secretary of the Treasury, showing the expenditures and progress made on the survey of the coasts of the United States, and also the weights and measures furnished the several States and custom-houses and the cost thereof, reported in favor of printing the report; and

The report was agreed to.

The Senate resumed the consideration of the bill (S. 65) to authorize the President of the United States to contract for the transportation of the mails, troops, seamen, munitions of war, and all other government service, by railroad from the Missouri river to San Francisco, in the State of California.

On motion by Mr. Polk, to amend the bill, section 1, lines 7 and 8, by striking out “from a point on the Missouri, between the mouths of the Big Sioux and Kansas rivers,” and inserting, “ between a point 0078 78 in the boundary of Minnesota, on the 49 th parallel of north latitude, and the southern boundary line of the United States, ”

It was determined in the negative,

Yeas 17

Nays 29

On motion of Mr. Stuart,

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

Those who voted in the affirmative are,

Messrs. Alien, Bates, Clay, Davis, Fitzpatrick, Houston, Hunter, Iverson, Kennedy, Polk, Reid, Sebastian, Shields, Slidell, Stuart, Toombs, Ward.

Those who voted in the negative are,

Messrs. Bigler, Bright, Broderick, Chandler, Clark, Collamer, Crittenden, Dixon, Doolittle, Durkee, Fessenden, Fitch, Foot, Foster, Gwin, Hale, Hammond, Harlan, Jones, King, Mason, Rice, Seward, Simmons, Thompson, of Kentucky, Trumbull, Wade, Wilson, Wright.

On motion by Mr. Foster, further to amend the bill, section 7, line 28, by striking out, after the word “ Provided, ” “That all duties on railroad iron imported and laid down on said road shall be charged to the contracting party and paid to the United States, by deducting the amount from the credit to be given for the service first performed under this act: Provided, further, That if American manufactured railroad iron, of equal qualities, shall be offered to the said contracting party, which, including all items of cost of manufacture, sale, and delivery, shall not exceed the like cost of such iron obtained from foreign countries, the American manufactured iron shall be preferred and used by said contracting party,” and inserting: “ That all the iron necessary to construct said railroad, and which may compose the track of the same, shall be of American manufacture, ”

It was determined in the affirmative,

Yeas 25

Nays 23

On motion by Mr. Foster,

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

Those who voted in the affirmative are,

Messrs. Allen, Bigler, Broderick, Chandler, Clark, Collamer, Crittenden, Dixon, Fessenden, Foot, Foster, Hale, Harlan, Houston, Kennedy, King, Seward, Simmons, Thompson of Kentucky, Thomson, of New Jersey, Toombs, Trumbull, Wade, Wilson, Wright.

Those who voted in the negative are,

Messrs. Bates, Bright, Clay, Clingman, Davis, Durkee, Fitch, Fitzpatrick, Green, Gwin, Hammond, Hunter, Iverson, Johnson, of Tennessee, Jones, Mallory, Mason, Polk, Reid, Rice, Sebastian, Stuart, Ward.

So the amendment was agreed to.

On motion by Mr. Foster, further to amend the bill by inserting, section 10, line 16, after the word “yard,” “ or such other weight of rail as the President shall decide to be equivalent thereto in strength and security. ”

It was determined in the affirmative.

A further amendment being proposed by Mr. Wilson,

On motion,

The Senate adjourned.

TUESDAY, December 21, 1858. Link to Annals.

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

To the Senate of the United States:

I transmit a report from the Secretary of State, with accompanying documents, in answer to the resolution of the Senate of the 7th of January last, calling for all the official despatches and correspondence of the Honorable Robert M. McLane and of the Honorable Peter Parker, late commissioners of the United States in China, with the department of State.

JAMES BUCHANAN.

Washington, December 20, 1858.

The message was read.

On motion by Mr. Foot, 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 War, in answer to a resolution of the Senate calling for the annual report of Lieutenant Colonel Graham on lake harbors; which was read.

Ordered, That it lie on the table.

Mr. Seward presented a memorial of manufacturers of gold and silver leaf in the city of New York and other places, praying a modification of the tariff of 1857 in respect to gold and silver leaf, and the articles used in their manufacture; which was referred to the Committee on Finance.

Mr. Seward presented three petitions of inhabitants of Oneida and Jefferson counties, New York, praying the erection of a breakwater at the port of Cape Vincent; which were referred to the Committee on Commerce.

Agreeably to notice Mr. Seward asked and obtained leave to bring in a bill (S. 477) authorizing the removal of the offices belonging to the United States, and occupied by the collector of the revenue in connexion with the quarantine station in the port of New York; which was read the first and second times, by unanimous consent, and referred to the Committee on Finance.

Mr. Bayard, agreeably to notice, asked and obtained leave to bring in a bill (S. 478) to provide for holding the courts of the United States in the State of Alabama; which was read the first and second times, by unanimous consent, and referred to the Committee on the Judiciary.

Mr. Foot presented the petition of Jeremiah Thornton, praying to be allowed an invalid pension, for a wound received in the last war with Great Britain; which was referred to the Committee on Pensions.

On motion by Mr. Jones,

Ordered, That the Committee on Pensions be discharged from the further consideration of the memorial of Lewis Purdy and others, and that it be referred to the Committee on Public Lands.

Mr. Jones, from the Committee on Pensions, to whom was referred 0080 80 the bill (S. 462) for the relief of William Wallace, of Illinois, reported it with an amendment.

Mr. Thomson, of New Jersey, from the Committee on Pensions, to whom was referred the petition of William Welch, reported adversely thereon.

On motion by Mr. Rice,

Ordered, That the papers on the files of the Senate relating to the claim of Alexander Wood, administrator of William Wood and George M. Wood, the claim of Alexander Wood, administrator of Josiah W. Stewart, the claim of Lewis Roberts, and the claim of Adam P. Shegley, be referred to the Committee on Indian Affairs.

Mr. Davis presented the petition of Theodore Lewis, military storekeeper at the Washington arsenal, praying compensation for performing the duties of assistant commissary of subsistence; which was referred to the Committee on Military Affairs and the Militia.

Mr. Wilson submitted the following resolution; which was considered, by unanimous consent, and referred to the Committee on Printing:

Resolved, That the usual number of copies be printed, for the use of the Senate, of the accounts of the Treasurer of the United States, communicated December 10, 1858, and of the letter of the Second Auditor, communicating copies of accounts of disbursements for the benefit of the Indian tribes, communicated December 20, 1858.

Mr. Gwin submitted the following resolution for consideration:

Resolved, That the Court of Claims be requested to return to the Senate the papers in the case of J. H. Merrill vs. the United States.

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

Resolved, That the Secretary of War be requested to communicate to the Senate whether, from any information now in his department or which can be obtained, there is, in his opinion, now belonging to the United States any land in the harbor of New York, or its vicinity, which can properly be appropriated to the use of the revenue department, in case the same should be required for such purpose.

Mr. Seward submitted the following resolution for consideration:

Resolved, That the Committee on the Judiciary inquire whether any provisions of law are necessary by way of amendment to existing laws which prohibit the African slave trade, to secure the effectual suppression thereof.

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

Resolved, That a message be sent to the House of Representatives to request the return to the Senate of the bill (H. R. 365) granting a pension to Jeremiah Wright, which was returned to the House on the 17th instant.

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

Resolved, That the Secretary of War be requested to communicate to the Senate such correspondence and other information as he may possess in relation to the claims of British subjects to proprietary 0081 81 rights in the Teritories of Oregon and Washington of the United States.

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

Resolved, That the Secretary of the Navy be directed to communicate to the Senate copies of any letters or correspondence, now on file in his department, between the President of Nicaragua and Commodore Hiram Paulding, in relation to the capture of Walker and his command, at San Juan de Nicaragua, in December, 1857.

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

Resolved, That the President be requested, so far as it is compatible with the public interest, to lay before the Senate the correspondence between the Mexican government and Mr. Forsyth, minister of the United States in Mexico, and the correspondence of the State Department on the subject of Mexican affairs, referred to in his late annual message, and such other correspondence as may be necessary to elucidate the complications which resulted in the suspension of diplomatic relations with Mexico by the United States legation in that country.

Mr. Brown asked and, by unanimous consent, obtained leave to bring in a bill (S. 479) conferring certain powers on the corporations of Washington and Georgetown; which was read the first and second times, by unanimous consent, and referred to the Committee on Public Buildings and Grounds.

Mr. Pearce, from the Committee on the Library, to whom was referred the bill (S. 476) to authorize the President to make advances of money to Hiram Powers, 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.

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

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

On motion by Mr. Sebastian,

Ordered, That the Committee on Indian Affairs be discharged from the further consideration of the resolution of the legislature of Minnesota relative to the Sioux and Winnebago reservations, and that it be referred to the Secretary of the Interior.

The Senate proceeded to consider the resolution, submitted yesterday by Mr. Thompson, of Kentucky, to authorize the Sergeant-at-Arms to employ a person in the place of A. H. Ragan, who was promoted; and,

On the question to agree to the resolution,

It was determined in the negative,

Yeas 13

Nays 29

On motion by Mr. Thompson, of Kentucky,

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

Those who voted in the affirmative are,

Messrs. Bates, Bright, Brown, Crittenden, Dixon, Fitch, Foster, 6 0082 82 Iverson, Jones, Kennedy, Pearce, Simmons, Thompson, of Kentucky.

Those who voted in the negative are,

Messrs. Allen, Bayard, Broderick, Cameron, Clark, Clay, Clingman, Davis, Fessenden, Fitzpatrick, Green, Hale, Hamlin, Harlan, Johnson, of Tennessee, King, Mason, Polk, Reid, Rice, Sebastian, Seward, Shields, Slidell, Toombs, Trumbull, Ward, Wilson, Wright.

So the resolution was not agreed to.

Mr. Fitch presented a memorial of the Pacific and Pueblo City Railroad Company, praying a grant of land to aid in the construction of their road; which was referred to the Committee on Public Lands.

Mr. Fitch presented a memorial of the Leavenworth and Fort Gibson Railroad Company in Kansas Territory, praying a grant of land to aid in the construction of that railroad; which was referred to the Committee on Public Lands.

Mr. Broderick presented the memorial of George C. Johnson, praying the enactment of a law to test the validity of a Mexican grant by the district court of the United States for the northern district of California; which was referred to the Committee on Private Land Claims.

On motion by Mr. Chandler, that the Senate proceed to the consideration of the bill (S. 321) making an appropriation for deepening the channel over the St. Clair Flats, in the State of Michigan.

It was determined in the affirmative,

Yeas 31

Nays 20

On motion by Mr. Iverson,

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

Those who voted in the affirmative are,

Messrs. Allen, Broderick, Cameron, Chandler, Clark, Collamer, Crittenden, Dixon, Doolittle, Durkee, Fessenden, Foot, Foster, Hale, Hamlin, Harlan, Jones, Kennedy, King, Mallory, Pearce, Rice, Sebastian, Seward, Shields, Simmons, Thompson, of Kentucky, Trumbull, Wade, Wilson, Wright.

Those who voted in the negative are,

Messrs. Bayard, Bigler, Brown, Clay, Clingman, Davis, Fitch, Fitzpatrick, Green, Gwin, Hammond, Houston, Iverson, Johnson, of Tennessee, Mason, Reid, Slidell, Thomson, of New Jersey, Toombs, Ward.

Whereupon,

The Senate resumed, as in Committee of the Whole, the consideration of the said bill; 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.

On the question, Shall the bill pass?

It was determined in the affirmative,

Yeas 29

Nays 22

On motion by Mr. Iverson.

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

Those who voted in the affirmative are,

Messrs. Allen, Bates, Broderick, Cameron, Chandler, Clark, Collamer, 0083 83 Crittenden, Dixon, Doolittle, Durkee, Fessenden, Foot, Foster, Hale, Hamlin, Harlan, Kennedy, King, Pearce, Rice, Seward, Shields, Simmons, Thomson, of New Jersey, Trumbull, Wade, Wilson, Wright.

Those who voted in the negative are,

Messrs. Bayard, Bigler, Bright, Brown, Clay, Clingman, Davis, Fitch, Fitzpatrick, Green, Hammond, Houston, Iverson, Johnson, of Tennessee, Mallory, Mason, Reid, Sebastian, Slidell, Thompson, of Kentucky, Toombs, Ward.

So it was

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

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

Mr. Bright presented the memorial of Gilbert Vanderwerken, praying that the bill passed by the House of Representatives in relation to a railway along Pennsylvania avenue, in Washington, may become a law; which was referred to the Committee on the District of Columbia.

Mr. Bright, from the Committee on Public Buildings and Grounds, who were instructed by a resolution of the Senate to inquire into the condition of the new chamber for the Senate, at what time it may be permanently occupied, and the ceremony proper to be observed in removing thereto, submitted a report accompanied by the following resolution:

Resolved, That the superintendent of the Capitol extension be directed to prepare the chamber for the occupancy of the Senate by the 4th day of January next, and that a committee of three be appointed by the Chair to make all necessary arrangements.

Mr. Jones reported from the committee that they this day presented to the President of the United States the following enrolled bills:

H. R. 302. An act to continue the office of register of the land office at Vincennes, Indiana.

H. R. 318. An act recognizing the assignment on land warrant number thirty-five thousand nine hundred and fifty-six, (35,956,) issued to John Davis, as valid.

H. R. 342. An act for the relief of John Campbell.

H. R. 356. An act for the relief of Roswell Minard, father of Theodore Minard, deceased.

H. R. 565. An act to confirm the land claim of certain pueblos and towns in the Territory of New Mexico.

A message from the House of Representatives by Mr. Alien, its Clerk:

Mr. President: The House of Representatives concurs in the resolution of the Senate for the temporary adjournment of Congress.

On motion by Mr. Shields,

The Senate proceeded to consider, as in Committee of the Whole, the bill (S. 334) for the relief of Thomas Laurent, surviving partner of the firm of Benjamin & Thomas Laurent, and

On motion by Mr. Shields,

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

0084 84

The Senate resumed the consideration of the bill (S. 65) to authorize the President of the United States to contract for the transportation of the mails, troops, seamen, munitions of war, and all other government service by railroad from the Missouri river to San Francisco, in the State of California; and

After debate, and the consideration of executive business,

The Senate adjourned.

WEDNESDAY, December 22, 1858. Link to Annals.

A message from the House of Representatives by Mr. Allen, its Clerk:

Mr President: I am directed by the House of Representatives to return to the Senate, in compliance with its request, the bill of the House (No. 365) granting a pension to Jeremiah Wright.

The President of the United States approved and signed, the twenty-first instant, the following acts:

H. R. 302. An act to continue the office of register of the land office at Vincennes, Indiana;

H. R. 318. An act recognizing the assignment on land warrant number thirty-five thousand nine hundred and fifty-six, (35,956,) issued to John Davis as valid;

H. R. 342. An act for the relief of John Campbell.

The Vice President laid before the Senate a report of the Secretary of the Interior, communicating, in obedience with law, the annual statement of appropriations; which was read.

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

Mr. Seward presented a letter addressed to him by L. Stoddard, a commander in the navy, relative to his pay; which was referred to the Committee on Naval Affairs.

Mr. Seward presented six petitions of citizens of Pennsylvania, praying the protection of American labor engaged in the manufacture of iron; which were referred to the Committee on Finance.

Mr. Gwin presented the petition of Simpson P. Moses, praying to be allowed the benefit of the act of July 21, 1852, fixing definitely the compensation of the collector at Astoria, in the settlement of his accounts as collector of the district of Puget's Sound; which was referred to the Committee on Claims.

Mr. Bigler presented proceedings of a meeting of the soldiers of the war of 1812, held at Uniontown, Pennsylvania, the 16th of December, 1858, in favor of the enactment of a pension law that will be just to the government and generous to the soldiers of that war; which were referred to the Committee on Pensions.

Mr. Hamlin presented the petition of James Varney, a soldier in the war of 1812, praying to be allowed a pension on account of a disability contracted in the service; which was referred to the Committee on Pensions.

0085 85

Mr. Hunter presented the petition of A. M. Tabb, clerk of the navy yard at Gosport, Virginia, praying that the pay of clerks of navy yards may be increased; which was referred to the Committee on Naval Affairs.

Mr. Cameron presented one hundred and thirty-six petitions of citizens of Pennsylvania, praying protection to American labor engaged in the manufacture of iron; which wire referred to the Committee on Finance.

Mr. Polk presented the petition of Gillum Baley and William R. Baley, praying indemnity for losses by depredations of the Mohave Indians; which was referred to the Committee on Claims.

Mr. Davis, from the Committee on Military Affairs and the Militia, to whom was referred the memorial of Israel Moses, submitted an adverse report, (No. 337;) which was ordered to be printed.

Mr. Davis, from the Committee on Military Affairs and the Militia, to whom was referred the bill (S. 75) to increase the efficiency of the army and of the marine corps by retiring disabled or infirm officers, reported it with an amendment.

Mr. Davis, from the Committee on Military Affairs and the Militia, to whom was referred the bill (S. 463) for the relief of Lewis Cass Forsyth, reported it without amendment, and submitted adverse report, (No. 336;) which was ordered to be printed.

Mr. Reed, from the Committee on Patents and the Patent Office, to whom was referred the petition of James G. Holmes, submitted a report (No. 335) accompanied by a bill (S. 480) for the relief of James G. Holmes.

The bill was read and passed to a second reading.

Ordered, That the report be printed.

Mr. Jones presented a petition of citizens of Iowa, praying the establishment of a mail route from Colmar to New Oregon; a petition of citizens of Iowa, praying the establishment of a mail route from New Oregon to Osage; and a petition of citizens of Iowa, praying the establishment of a mail route from New Oregon to Hampton, in that State; which were referred to the Committee on Post Offices and Post Roads.

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

Resolved, That the papers in the case of Frederick Vincent, executor of James Lecaze, surviving partner of Lecaze & Mallet, be returned to the Senate by the Court of Claims, and referred to the Committee on Revolutionary Claims.

The Senate proceeded to consider the resolution submitted yesterday by Mr. Gwin for the return of the papers of J. H. Merrill by the Court of Claims; and,

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

Mr. Mason asked and, by unanimous consent, obtained leave to bring in a joint resolution (S. 57) granting further time to the creditors of Texas to present their claims at the treasury; which was read the first and second times, by unanimous consent, and referred, 0086 86 with the accompanying papers relating to the claim of Edward Pontois, to the Committee on Finance.

A message from the House of Representatives by Mr. Allen, its Clerk:

Mr. President: The House of Representatives has passed a bill (H. R. 259) granting pensions to the officers and soldiers of the war with Great Britain of 1812, and those engaged in Indian wars during that period; in which it requests the concurrence of the Senate.

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

Resolved, That the Secretary of the Interior be, and he is hereby, requested to communicate to the Senate a complete list of the land claims of the late John Rice Jones, in the State of Illinois, which have been the subject of action by the boards of land commissioners from time to time, discriminating those claims, if any, which have not been satisfied, and the causes; and such thereof as, in his opinion, should be allowed on the principles of equity and justice, and which require legislation of Congress for that purpose.

Mr. Mallory presented the memorial of G. R. Barry, a purser in the navy, praying compensation for services as judge advocate; which was referred to the Committee on Naval Affairs.

Mr. Mallory, from the Committee on Naval Affairs, reported a joint resolution (S. 58) authorizing William L. Hudson and Joshua R. Sands to accept certain testimonials awarded to them by the government of Great Britain; which was read, and passed to a second reading.

On motion by Mr. King,

The Senate reconsidered the vote of the 16th December postponing indefinitely the bill (H. R. 365) granting a pension to Jeremiah Wright.

The Senate resumed the consideration of the said bill; and,

On motion by Mr. King,

Ordered, That it be recommitted to the Committee on Pensions.

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

Resolved, That the Postmaster General be directed to report to the Senate such changes in the laws regulating postages and the Post Office Department as, in his opinion, would make that a self-sustaining department.

The bill (H. R. 259) this day received from the House of Representatives for concurrence was read the first and second times, by unanimous consent, and referred to the Committee on Pensions.

Mr. Ward asked and, by unanimous consent, obtained leave to bring in a joint resolution (S. 59) to provide for the payment of certain volunteer troops called into service by the governor of the State of Texas for the protection of the frontier of said State, and to reimburse said State for the amount advanced by her on account thereof; which was read the first and second times, by unanimous consent, and referred, with the accompanying papers, to the Committee on Military Affairs and the Militia.

0087 87

On motion by Mr. Mason, that the Senate proceed to the consideration of executive business,

It was determined in the affirmative,

Yeas 30

Nays 23

On motion by Mr. Mason,

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

Those who voted in the affirmative are,

Messrs. Bates, Bayard, Bigler, Broderick, Brown, Clay, Collamer, Crittenden, Doolittle, Durkee, Fessenden, Foot, Green, Gwin, Hale, Hamlin, Houston, Hunter, Iverson, Johnson, of Tennessee, King, Mallory, Mason, Polk, Sebastian, Shields, Thompson, of Kentucky, Ward, Wilson, Wright.

Those who voted in the negative are,

Messrs. Allen, Bright, Cameron, Chandler, Clark, Clingman, Davis, Dixon, Fitzpatrick, Foster, Harlan, Jones, Kennedy, Pearce, Reid, Seward, Simmons, Slidell, Stuart, Thomson, of New Jersey, Toombs, Trumbull, Wade.

Whereupon,

The Senate proceeded to the consideration of executive business.

After the consideration of executive business,

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

Resolved, That the Committee on Naval Affairs be instructed to inquire and report to the Senate what action, if any, should be taken by Congress to manifest the appreciation by the country of the gallant and meritorious services of Captain Charles Stewart, of the United States navy.

Mr. Brown, by unanimous consent, asked and obtained leave to bring in the following resolution, which was read the first and second times, by unanimous consent:

Joint resolution (S. 60) authorizing the President of the United States to confer the title of admiral, by brevet, for eminent services.

On motion by Mr. Brown,

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

Mr. Hale submitted the following resolution for consideration:

Whereas the Senate, on the 13th May last, adopted the following resolution, namely:

Resolved, That the Postmaster General be also requested to inform the Senate, at the same time, whether there are on the files of the Post Office Department any complaints of malfeasance in office, or violations of law on the part of the San Francisco postmaster; and if so, when the same were filed, and in what manner they are substantiated, and the nature of the charges, the specific sections of the law which the alleged acts are in violation of, and what action, if any, has been taken in regard thereto.

And on the 10th June last the following additional resolution, namely:

Resolved, That the Postmaster General be requested to transmit to the Senate the evidence of alleged violations of law and malfeasance in office on the part of the postmaster at San Francisco, and also the papers accompanying the same filed in the Post Office Department on 0088 88 or about April 20, 1857; also, all correspondence with J. D. Fry, the special agent of the Post Office Department, in regard to any alleged malfeasance on the part of said postmaster; and especially, a copy of a letter addressed to said Fry, October 3, 1855, and the reply to the same, and also the report made by the said Fry; also, letters in relation to the same from — Van Bokkelin, esq., in 1856, and Messrs. More and Folger in 1857, and copies of all correspondence connected therewith; also, letters from H. L. Goodwin in 1855, and four letters from the same person dated March 27, June 25, July 18, and July 25, 1857; also, letters of C. L. Weller, dated September 1, 1855, March 21, 1856, and October 11 and 20, 1857; and that the Postmaster General inform the Senate whether there is any information on the files of the Post Office Department showing or charging that the investigation ordered to be made by J. D. Fry was an ex parte investigation.

And whereas, the information called for in the first mentioned resolution and the papers called for by the second resolution have not been communicated to the Senate Therefore

Resolved, That the Postmaster General be directed to transmit to the Senate, without further delay, the information and papers relating to the alleged malfeasance in office and violations of law on the part of the postmaster of San Francisco called for by the two above mentioned resolutions of this body, adopted May 13 and June 10, respectively.

On motion by Mr. Wilson,

The bill (S. 18) to appropriate one million of acres of the public lands of the United States for the benefit of the free schools in the District of Columbia was read the second time.

Ordered, That it be referred to the Committee on the District of Columbia.

On motion,

The Senate adjourned.

THURSDAY, December 23, 1858. Link to Annals.

Mr. Shields presented the petition of Hester Stoll, widow of Urban Stoll, late a soldier in the army, praying to be allowed a pension; which was referred to the Committee on Pensions.

Mr. Crittenden presented the petition of George Washington Greene, praying the aid of Congress in publishing the life and letters of his grandfather, Major General Nathaniel Greene, of the revolutionary army; which was referred to the Committee on the Library.

Mr. Crittenden presented the petition of Leslie Combs, praying the payment of Texas bonds formerly held by him, but which have been lost; and also a pro rata distribution of the money appropriated by Congress for the satisfaction of the bonds of Texas, and now remaining in the treasury; which was referred to the Committee on Claim.

0089 89

Mr. Cameron presented the petition of William H. Crabbe, clerk of the navy yard at Philadelphia, praying that the pay of the clerks of navy yards may be increased; which was referred to the Committee on Naval Affairs.

Agreeably to notice, Mr. Crittenden asked and obtained leave to bring in a bill (S. 481) to prescribe the time and manner of holding elections for Senators of the United States; which was read the first and second times, by unanimous consent, and referred to the Committee on the Judiciary.

Mr. Cameron presented proceedings of a meeting of the soldiers of the war of 1812, held at Uniontown, Pennsylvania, in favor of the enactment of a pension law that will be just to the government and generous to the soldiers of that war; which were referred to the Committee on Pensions.

Mr. Brown presented a petition of citizens of the District of Columbia, praying the enactment of a law to prevent malicious mischief and protect property in said District; which was referred to the Committee on the District of Columbia.

Mr. King presented the petition of Mary Everts, only surviving child of Gideon Brownson, an officer in the war of the revolution, praying a pension; Which was referred to the Committee on Pensions.

Mr. King presented the petition of citizens of Friendship, New York, praying that a pension be allowed to Mary Everts; which was referred to the Committee on Pensions.

Mr. King presented the petition of officers of the State government and members of the legislature of New York, praying that a pension be granted to Mary Everts; which was referred to the Committee on Pensions.

Mr. Cameron, from the Committee on Printing, to whom was referred a motion to print the memorial and documents relating to the manufacture of iron, published in behalf of the convention of iron masters, which met in Philadelphia in 1849, reported in favor of printing the same.

Mr. Bayard, from the Committee on the Judiciary, to whom was referred the bill (S. 478) to provide for holding the courts of the United States in the State of Alabama, 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 the third time.

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

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

On motion by Mr. Simmons,

Ordered, That the memorial of Joseph K. Boyd, on the flies of the Senate, be referred to the Committee on Claims.

Mr. Simmons presented the petition of John T. Ferguson, administrator of John Ferguson, late naval officer at the port of New York, praying to be paid his portion of the proceeds of certain wool which 0090 90 has been paid into the treasury; which was referred to the Committee on Claims.

On motion by Mr. Iverson,

Ordered, That the petition and papers of C. B. Clusky, on the files of the Senate, be referred to the Committee on Public Buildings and Grounds.

On motion by Mr. Brown,

Ordered, That the Committee on the District of Columbia be discharged from the further consideration of the bill (S. 406) to authorize the city of Washington to distribute and use the water soon to be introduced therein from the Potomac river, and that it be referred to the Committee on Public Buildings and Grounds.

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

Resolved, That the Secretary of the Interior be requested to furnish to the Senate a statement showing the amount yet remaining due to claimants and unprovided for, under the 3d article of the treaty made with the Rogue River Indians of Oregon Territory on the 10th day of September, 1853, as ascertained by commissioners appointed for that purpose.

Mr. Simmons submitted the following resolution for consideration:

Resolved, That the Secretary of the Treasury be, and he is hereby, directed to report to the Senate a plan for raising revenue sufficient in amount to meet the ordinary expenses of the government, by the imposition of specific instead of ad valorum duties, according to the recommendation of the President in his annual message to Congress at its present session; and that he also furnish a schedule of all articles upon which specific duties have been levied under any of the revenue laws of the United States, and to add to such schedule such other articles upon which, in his judgment, specific duties may be safely and conveniently imposed, with the average value for the last five years of such of them in foreign countries and in the United States as he has the means of ascertaining, with the rate per centum which was collected upon the value of the principal articles subject to specific duties under the tariff act of 1842.

On motion by Mr. Fitch,

Ordered, That the Committee on Printing be discharged from the further consideration of the motion to print the letter of the Second Auditor of the Treasury, communicating copies of accounts of persons charged with the disbursements or application of moneys, goods, or effects, for the benefit of the Indians, during the year ending the 30th June, 1858, together with a list of the names of the persons to whom goods, moneys, or effects have been delivered during that period; and that the motion to print the same he referred to the Committee on Indian Affairs.

Mr. Jones asked and, by unanimous consent, obtained leave to bring in a bill (S. 482) to divide the State of Iowa into two judicial districts; which was read the first and second times, by unanimous consent, and referred to the Committee on the Judiciary.

On motion by Mr. Stewart, that the Senate proceed to the consideration of the bill (H. R. 2) donating public lands to the several States 0091 91 and Territories which may provide colleges for the benefit of agriculture and the mechanic arts,

It was determined in the negative,

Yeas 20

Nays 28

On motion by Mr. Clay,

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

Those who voted in the affirmative are,

Messrs. Broderick, Cameron, Chandler, Collamer, Dixon, Doolittle, Durkee, Fessenden, Foot, Foster, Hamlin, King, Seward, Simmons, Stuart, Thomson, of New Jersey, Trumbull, Wade, Wilson, Wright.

Those who voted in the negative are,

Messrs. Bates, Bayard, Bigler, Bright, Brown, Clay, Clingman, Crittenden, Davis, Fitch, Fitzpatrick, Green, Gwin, Harlan, Houston, Hunter, Iverson, Johnson, of Tennessee, Jones, Kennedy, Mason, Polk, Reid, Rice, Sebastian, Slidell, Toombs, Ward.

On motion by Mr. Bayard,

Ordered, That the Committee on the Judiciary be discharged from the further consideration of the resolution of the Senate of April 1, 1858, relating to the amendment of the laws for taking affidavits and holding to bail, so as to enlarge the powers of commissioners.

The Senate proceeded to consider, as in Committee of the Whole, the bill (S. 229) for the relief of Jane Turnbull; and, having been amended, it was reported to the Senate, and the amendment was concurred in.

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

The said bill was read the third time.

On the question, “Shall the bill pass?”

It was determined in the affirmative,

Yeas 26

Nays 18

On motion by Mr. Iverson,

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

Those who voted in the affirmative, are

Messrs. Bates, Bright, Broderick, Brown, Cameron, Chandler, Clingman, Collamer, Crittenden, Davis, Dixon, Doolittle, Durkee, Foot, Gwin, Houston, Jones, Kennedy, Reid, Seward, Sheilds, Simmons, Thomson, of New Jersey, Ward, Wilson, Wright.

Those who voted in the negative are,

Messrs. Bigler, Clay, Fessenden, Green, Hammond, Harlan, Hunter, Iverson, Johnson, of Tennessee, King, Polk, Rice, Sebastian, Slidell, Stuart, Toombs, Trumbull, Wade.

So it was

Resolved, That the said 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 the resolution reported by the Committee on Public Buildings and Grounds, relative to the occupancy by the Senate of the new Senate chamber, and the arrangements necessary thereto; and

On the question to agree to the resolution,

It was determined in the affirmative,

Yeas 26

Nays 18

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On motion by Mr. Brown

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

Those who voted in the affirmative are,

Messrs. Bright, Broderick, Brown, Cameron, Chandler, Clingman, Crittenden, Davis, Dixon, Doolittle, Durkee, Fitzpatrick, Gwin, Hammond, Harlan, Houston, Jones, Kennedy, Reid, Rice, Seward, Slidell, Thomson, of New Jersey, Toombs, Trumbull, Wade.

Those who voted in the negative are,

Messrs. Bates, Bigler, Clay, Collamer, Fessenden, Foot, Green, Hamlin, Iverson, Johnson, of Tennessee, King, Polk, Sebastian, Shields, Stuart, Ward, Wilson, Wright.

So it was

Resolved, That the superintendent of the Capitol extension be directed to prepare the chamber for the occupancy of the Senate by the 4th day of January next, and that a committee of three be appointed by the Chair to make all necessary arrangements.

Whereupon,

The Vice President appointed Mr. Davis, Mr. Collamer, and Mr. Kennedy, the committee.

Mr. Hamlin submitted the following resolution for consideration.

Resolved, That the seats in the Senate chamber shall be assigned to Senators in the following manner: The Secretary shall put into a box the name of each senator, and in the presence of the senators shall proceed to draw the same therefrom, and each senator shall select a seat as his name shall be called.

Mr. Doolittle presented the memorial of Moses Meeker, praying that the money exacted of him as rent by the agent of the government while mining in the Indian country may be refunded; which was referred to the Committee on Claims.

On motion by Mr. Thomson, of New Jersey,

The Senate proceeded to the consideration of executive business; and,

After the consideration of executive business,

On motion by Mr. Bigler,

The Senate proceeded to consider the resolution submitted yesterday by Mr. Hale, calling on the Postmaster General to communicate to the Senate answers to the resolutions of the 13th of May and 10th of June, 1858, relative to the postmaster at San Francisco; and, having been amended on the motion of Mr. Bigler, it was agreed to as follows:

Resolved, That the Postmaster General be requested to transmit to the Senate all the papers and documents relating to the various charges made against the official conduct of the postmaster at San Francisco.

The Vice President laid before the Senate a report of the Secretary of the Navy, communicating, in compliance with a resolution of the Senate, the correspondence between the President of Nicaragua and Commodore Paulding, in relation to the capture of Walker and his party in December, 1857; which was read.

On motion by Mr. Doolittle, that the report be printed,

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

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

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Resolved, That until the Senate otherwise order, no person except senators, the officers of the Senate, and members of the House of Representatives, be admitted to the floor of the Senate while in session.

Mr. Rice presented a memorial of citizens of Washington Territory, praying the reimbursement of money expended by them in opening the military road from Fort Steilacoom to Fort Walla-Walla; which was referred to the Committee on Military Affairs and the Militia.

On motion by Mr. Stuart,

The Senate adjourned.

TUESDAY, January 4, 1859. Link to Annals.

The honorable George E. Pugh, from the State of Ohio, the honorable Robert W. Johnson, from the State of Arkansas, and the honorable David L. Yulee, from the State of Florida, attended.

On motion by Mr. Stuart, that during this day ladies be admitted on the floor of the Senate,

The consideration thereof was objected to as against the rule.

Mr. Davis, from the committee appointed the 23d December to make all necessary arrangements for removing to the new chamber for the Senate, submitted a report; which was considered, by unanimous consent, and, on motion by Mr. Crittenden, agreed to, as follows:

“That, in the discharge of their duties, they have arranged the seats and desks for the senators, and for the officers and reporters of the Senate, as exhibited on the accompanying diagram. They have caused the necessary provision to be made for the usual accommodation of senators, including shelves for books of reference, in rooms adjoining the chamber.

Room No. 49 has been assigned for the stationery of the Senate, and room No. 60 to the Senate reporter and his clerks.

To supply furniture and fixtures for the several rooms in the Senate wing of the Capitol will require an appropriation, and the subject is submitted to the Senate for Such action as it may deem proper to take.

The galleries on the left of the chair are assigned to ladies, and gentlemen accompanying t?em; those on the right of the chair to gentlemen alone. The centre portion of the north gallery, being that within the rails, is reserved for such reporters of the press as may be admitted thereto by authority of the Senate, except the front desk, which is set apart for the reporters of the Senate.

The committee have adopted the following order of proceeding for removing to the new chamber.

After an address to be delivered by the Vice President, the senators, preceded by their President, Secretary, and Sergeant-at-Arms, will move, in the usual order of procession, to the new chamber, and there assume the seats respectively assigned to them, when, after prayer by the chaplain, the business will be continued as prescribed by the rules of the Senate.

On motion by Mr. Crittenden, and by unanimous consent, the Senate proceeded to consider the report; and agreed thereto.

The Vice President, thereupon, addressed the Senate as follows:

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Senators: I have been charged by the committee to whom you confided the arrangements of this day with the duty of expressing some of the reflections that naturally occur in taking final leave of a chamber which has so long been occupied by the Senate. In the progress of our country and the growth of the representation, this room has become too contracted for the representatives of the States now existing and soon to exist; and accordingly you are about to exchange it for a hall affording accommodations adequate to the present and the future. The occasion suggests many interesting reminiscences; and it may be agreeable, in the first place, to occupy a few minutes with a short account of the various places at which Congress has assembled, of the struggles which preceded the permanent location of the seat of government, and of the circumstances under which it was finally established on the banks of the Potomac.

The Congress of the revolution was sometimes a fugitive, holding its sessions, as the chances of war required, at Philadelphia, Baltimore, Lancaster, Annapolis, and Yorktown. During the period between the conclusion of peace and the commencement of the present government, it met at Princeton, Annapolis, Trenton, and New York.

After the idea of a permanent Union had been executed in part by the adoption of the Articles of Confederation, the question presented itself of fixing a seat of government, and this immediately called forth intense interest and rivalry.

That the place should be central, having regard to the population and territory of the confederacy, was the only point common to the contending parties. Propositions of all kinds were offered, debated, and rejected, sometimes with intemperate warmth. At length, on the 7th of October, 1783, the Congress being at Princeton, whither they had been driven from Philadelphia by the insults of a body of armed men, it was resolved that a building for the use of Congress be erected near the falls of the Delaware. This was soon after modified by requiring suitable buildings to be also erected near the falls of the Potomac, that the residence of Congress might alternate between those places. But the question was not allowed to rest, and at length, after frequent and warm debates, it was resolved that the residence of Congress should continue at one place, and commissioners were appointed, with full power to lay out a district for a federal town near the falls of the Delaware; and in the mean time Congress assembled alternately at Trenton and Annapolis; but the representatives of other States were unremitting in exertions for their respective localities.

On the 23d of December, 1784, it was resolved to remove to the city of New York, and to remain there until the building on the Delaware should be completed; and accordingly, on the 11th of January, 1785, the Congress met at New York, where they continued to hold their sessions until the confederation gave place to the Constitution.

The commissioners to lay out a town on the Delaware reported their proceedings to Congress; but no further steps were taken to carry the resolution into effect.

When the bonds of union were drawn closer by the organization of the new government under the Constitution, on the 3d of March, 1789, the subject was revived and discussed with greater warmth than 0095 95 before. It was conceded on all sides that the residence of Congress should continue at one place, and the prospect of stability in the government invested the question with a deeper interest. Some members proposed New York, as being “superior to any place they knew for the Orderly and decent behavior of its inhabitants.” To this it was answered that it was not desirable that the political capital should be in a commercial metropolis. Others ridiculed the idea of building palaces in the woods. Mr. Gerry, of Massachusetts, thought it highly unreasonable to fix the seat of government in such a position as to have nine States of the thirteen to the northward of the place, while the South Carolinians objected to Philadelphia on account of the number of Quakers, who, they said, continually annoyed the southern members with schemes of emancipation.

In the midst of these disputes, the House of Representatives resolved “that the permanent seat of government ought to be at some convenient place on the banks of the Susquehanna.” On the introduction of a bill to give effect to this resolution, much feeling was exhibited, especially by the southern members. Mr. Madison thought if the proceeding of that day had been foreseen by Virginia that State might not have become a party to the Constitution. The question was allowed by every member to be a matter of great importance. Mr. Scott said the future tranquillity and well-being of the United States depended as much on this as on any question float ever had or could come before Congress; and Mr. Fisher Ames remarked that every principle of pride and honor, and even of patriotism, were engaged. For a time any agreement appeared to be impossible; but the good genius of our system finally prevailed, and on the 28th of June, 1790, an act was passed containing the following clause:

“That a district of territory on the river Potomac, at some place between the mouths of the Eastern Branch and the Connogocheague, be, and the same is hereby, accepted, for the permanent seat of the government of the United States.”

The same act provided that Congress should hold its sessions at Philadelphia until the first Monday in November, 1800, when the government should remove to the district selected on the Potomac. Thus was settled a question which had produced much sectional feeling between the States. But all difficulties were not yet surmounted; for Congress, either from indifference, or the want of money, failed to make adequate appropriations for the erection of public buildings, and the commissioners were often reduced to great straits to maintain the progress of the work. Finding it impossible to borrow money in Europe, or to obtain it from Congress, Washington, in December, 1796, made a personal appeal to the legislature of Maryland, which was responded to by an advance of $100,000; but in so deplorable a condition was the credit of the federal government that the State required, as a guarantee of payment, the pledge of the private credit of the commissioners.

From the beginning Washington had advocated the present seat of government. Its establishment here was due, in a large measure, to his influence; it was his wisdom and prudence that computed disputes and settled conflicting titles; and it was chiefly through his personal 0096 96 influence that the funds were provided to prepare the buildings for the reception of the President and Congress.

The wings of the Capitol having been sufficiently prepared, the government removed to this District on the 17th of November, 1800; or, as Mr. Wolcott expressed it, left the comforts of Philadelphia “to go to the Indian place with the long name, in the woods on the Potomac.” I will not pause to describe the appearance, at that day, of the place where the city was to be. Cotemporary accounts represent it as desolate in the extreme, with its long unopened avenues and streets, its deep morasses, and its vast area covered with trees instead of houses. It is enough to say that Washington projected the whole plan upon a scale of centuries, and that time enough remains to fill the measure of his great conception.

The Senate continued to occupy the north wing, and the House of Representatives the south wing of the Capitol, until the 24th of August, 1814, when the British army entered the city and burned the public buildings. This occurred during the recess, and the President immediately convened the Congress. Both houses met in a brick building known as Blodgett's Hotel, which occupied a part of the square now covered by the General Post Office. But the accomodations in that house being quite insufficient, a number of public-spirited citizens erected a more commodious building on Capitol Hill, and tendered it to Congress. The offer was accepted, and both Houses continued to occupy it until the wings of the new Capitol were completed. This building yet stands on the street opposite to the northeastern corner of the Capitol square, and has since been occasionally occupied by persons employed in different branches of the public service.

On the 6th of December, 1819, the Senate assembled for the first time in this chamber, which has been the theatre of their deliberations for more than thirty-nine years.

And now the strifes and uncertainties of the past are finished. We see around us on every side the proofs of stability and improvement. This Capitol is worthy of the republic Noble public buildings meet the view on every hand. Treasures of science and the arts begin to accumulate. As this flourishing city enlarges, it testifies to the wisdom and forecast that dictated the plan of it. Future generations will not be disturbed with questions concerning the centre of population, or of territory, since the steamboat, the railroad, and the telegraph have made communication almost instantaneous. The spot is sacred by a thousand memories, which are so many pledges that the city of Washington, founded by him and bearing his revered name, with its beautiful site, bounded by picturesque eminences and the broad Potomac, and lying within view of his home and his tomb, shall remain forever the political capital of the United States.

It would be interesting to note the gradual changes which have occurred in the practical working of the government since the adoption of the Constitution; and it may be appropriate to this occasion to remark one of the most striking of them.

At the origin of the government the Senate seemed to be regarded chiefly as an executive council. The President often visited the chamber and conferred personally with this body; most of its business 0097 97 was transacted with dosed doors, and it took comparatively little part in the legislative debates. The rising, and vigorous intellects of the country sought the arena of the House of Representatives as the appropriate theatre for the display of their powers. Mr. Madison observed, on some occasion; that being a young man, and desiring to increase his reputation, he could not afford to enter the Senate; and it will be remembered that so late as 1812 the great debates which preceded the war, and aroused the country to the assertion of its rights, took place in the other branch of Congress. To such an extent was the idea of seclusion carried that when this chamber was completed no seats were prepared for the accommodation of the public; and it was not until many years afterwards that the semi-circular gallery was erected which admits the people to be witnesses of your proceedings. But now the Senate, besides its peculiar relations to the executive department of the government, assumes its full share of duty as a co-equal branch of the legislature; indeed, from the limited number of its members, and for other obvious reasons, the most important questions, especially of foreign policy, are apt to pass first under discussion in this body, and to be a member of it is justly regarded as one of the highest honors which can be conferred on an American statesman.

It is scarcely necessary to point out the causes of this changes or to say that it is a concession both to the importance and the individuality of the States, and to the free and open character of the government.

In connexion with this easy but thorough transition it is worthy of remark that it has been effected without a charge from any quarter that the Senate has transcended its constitutional sphere—a tribute at once to the moderation of the Senate, and another proof to thoughtful men of the comprehensive wisdom with which the framers of the Constitution secured essential principles without inconveniently embarrassing the action of the government.

The progress of this popular movement, in one aspect of it, has been steady and marked. At the origin of the government no arrangements in the Senate were made for spectators; in this chamber about one-third of the space is allotted to the public; and in the new apartment the galleries cover two-thirds of its area. In all free countries the admission of the people to witness legislative proceedings is an essential element of public confidence; and it is not to be anticipated that this wholesome principle will ever be abused by the substitution of partial and interested demonstrations for the expression of a matured and enlightened public opinion. Yet it should never be forgotten that not France, but the turbulent spectators within the hall, awed and controlled the French assembly. With this lesson and its consequence before us, the time will never come when the deliberations of the Senate shall be swayed by the blandishments or the thunders of the galleries.

It is impossible to disconnect from an occasion like this a crowd of reflections on our past history, and of speculations on the future. The most meager account of the Senate involves a summary of the progress of our country. From year to year you have seen your representation enlarge; again and again you have proudly welcomed a new sister 7 0098 98 into the confederacy; and the occurrences of this day are a material and impressive proof of the growth and prosperity of the United States. Three periods in the history of the Senate mark, in striking contrast, three epochs in the history of the Union.

On the 3d of March, 1789, when the government was organized under the Constitution, the Senate was composed of the representatives of eleven States, containing three millions of people.

On the 6th of December, 1819, when the Senate met for the first time in this room, it was composed of the representatives of twenty-one States, containing nine millions of people.

To-day it is composed of the representatives of thirty-two States, containing more than twenty-eight millions of people, prosperous, happy, and still devoted to constitutional liberty. Let these great facts speak for themselves to all the world.

The career of the United States cannot be measured by that of any other people of whom history gives account; and the mind is almost appalled at the contemplation of the prodigious force which has marked their progress. Sixty-nine years ago thirteen States, containing three millions of inhabitants, burdened with debt, and exhausted by the long war of independence, established for their common good a free Constitution, on principles new to mankind, and began their experiment with the good wishes of a few doubting friends and the derision of the world. Look at the result to-day; twenty-eight millions of people, in every way happier than an equal number in any other part of the globe I the center of population and political power descending the western slopes of the Alleghany mountains, and the original thirteen States forming but the eastern margin on the map of our vast possessions. See, besides, Christianity, civilization, and the arts given to a continent; the despised colonies grown into a power of the first class, representing and protecting ideas that involve the progress of the human race; a commerce greater than that of any other nation; free interchange between the States; every variety of climate, soil, and production to make a people powerful and happy; in a word, behold present greatness, and in the future an empire to which the ancient mistress of the world in the height of her glory could not be compared. Such is our country; ay, and more—far more than my mind could conceive or my tongue could utter. Is there an American who regrets the past? Is there one who will deride his country's laws, pervert her Constitution, or alienate her people? If there be such a man, let his memory descend to posterity laden with the execrations of all mankind.

So happy is the political and social condition of the United States, and so accustomed are we to the secure enjoyment of a freedom elsewhere unknown, that we are apt to undervalue the treasures we possess, and to lose, in some degree, the sense of obligation to our forefathers. But when the strifes of faction shake the government, and even threaten it, we may pause with advantage long enough to remember that we are reaping the reward of other men's labors. This liberty we inherit; this admirable Constitution, which has survived peace and war, prosperity and adversity; this double scheme of government, State and federal, so peculiar and so little understood 0099 99 by other powers, yet which protects the earnings of industry, and makes the largest personal freedom compatible with public order; these great results were not achieved without wisdom and toil and blood—the touching and heroic record is before the world. But to all this we were born, and like heirs upon whom has been cast a great inheritance, have only the high duty to preserve, to extend, and to adorn it. The grand productions of the era in which the foundations of this government were laid reveal the deep sense its founders had of their obligations to the whole family of man. Let us never forget that the responsibilities imposed on this generation are by so much the greater than those which rested on our revolutionary ancestors, as the population, extent, and power of our country surpass the dawning promise of its origin.

It would be a pleasing task to pursue many trains of thought, not wholly foreign to this occasion, but the temptation to enter the wide field must be rigorously curbed; yet I may be pardoned, perhaps, for one or two additional reflections.

The Senate is assembled for the last time in this chamber. Henceforth it will be converted to other uses; yet it must remain forever connected with great events, and sacred to the memories of the departed orators and statesmen who here engaged in high debates, and shaped the policy of their country. Hereafter the American and the stranger, as they wander through the Capitol, will turn with instinctive reverence to view the spot on which so many and great materials have accumulated for history. They will recal the images of the great and the good, whose renown is the common property of the Union; and chiefly, perhaps, they will linger around the seats once occupied by the mighty three, whose names and fame, associated in life, death has not been able to sever; illustrious men, who in their generation sometimes divided, sometimes led, and sometimes resisted public opinion—for they were of that higher class of statesmen who seek the right and follow their convictions.

There sat Calhoun, the senator, inflexible, austere, oppressed, but not overwhelmed by his deep sense of the importance of his public functions; seeking the truth, then fearlessly following it—a man whose unsparing intellect compelled all his emotions to harmonize with the deductions of his rigorous logic, and whose noble countenance habitually wore the expression of one engaged in the performance of high public duties.

This was Webster's seat. He, too, was every inch a senator. Conscious of his own vast powers, he reposed with confidence on himself; and scorning the contrivances of smaller men, he stood among his peers all the greater for the simple dignity of his senatorial demeanor. Type of his northern home, he rises before the imagination, in the grand and granite outline of his form and intellect, like a great New England rock, repelling a New England wave. As a writer, his productions will be cherished by statesmen and scholars while the English tongue is spoken. As a senatorial orator, his great efforts are historically associated with this chamber, whose very air seems yet to vibrate beneath the strokes of his deep tones and his weighty words.

On the outer circle sat Henry Clay, with his impetuous and ardent 0100 100 nature untamed by age, and exhibiting in the Senate the same vehement patriotism and passionate eloquence that of yore electrified the House of Representatives and the country. His extraordinary personal endowments, his courage, all his noble qualities, invested him with an individuality and a charm of character which, in any age, would have made him a favorite of history. He loved his country above all earthly objects. He loved liberty in all countries. Illustrious man!—orator, patriot, philanthropist—whose light, at its meridian, was seen and felt in the remotest parts of the civilized world; and whose declining sun, as it hastened down the west, threw back its level beams, in hues of mellowed splendor, to illuminate and to cheer the land he loved and served so well.

All the States may point, with gratified pride, to the services in the Senate of their patriotic sons. Crowding the memory, come the names of Adams, Hayne, Wright, Mason, Otis, Macon, Pinckney, and the rest—I cannot number them—who, in the record of their acts and utterances, appeal to their successors to give the Union a destiny not unworthy of the past. What models were these, to awaken emulation or to plunge in despair! Fortunate will be the American statesmen who, in this age, or in succeeding times, shall contribute to invest the new hall to which we go with historic memories like those which cluster here.

And now, senators, we leave this memorable chamber, bearing with us, unimpaired, the Constitution we received from our forefathers. Let us cherish it with grateful acknowledgments to the Divine Power who controls the destinies of empires and whose goodness we adore. The structures reared by men yield to the corroding tooth of time. These marble walls must moulder into ruin; but the principles of constitutional liberty, guarded by wisdom and virtue, unlike material elements, do not decay. Let us devoutly trust that another Senate, in another age, shall bear to a new and larger chamber this Constitution,vigorous and inviolate, and that the last generation of posterity shall witness the deliberations of the representatives of American States still united, prosperous, and free.

The Vice President having concluded, the Senate proceeded, in the order presented by the report, to the new Senate chamber in the north wing of the Capitol.

Mr. Seward presented a letter addressed to him by B. J. Moeller, a lieutenant in the navy, in relation to his transfer from the furlough to the leave list; which was referred to the Committee on Naval Affairs.

Mr. Harlan presented two petitions of citizens of Iowa, praying the establishment of a mail route from Jefferson to Sac City, in that State; which were referred to the Committee on Post Offices and Post Roads.

Mr. Hammond presented a petition of residents in Edgefield district, South Carolina, praying the establishment of a post office at Kaolin, in that State, and additional mail facilities between Branchville and Kaolin; which was referred to the Committee on Post Offices and Post Roads.

Mr. Hammond presented the memorial of William Hazzard Wigg, praying that the papers relating to his claim for the destruction of his grandfather s property during the revolutionary war may be withdrawn 0101 101 from the Court of Claims and referred to the Committee on Revolutionary Claims; which was referred to the Committee on Revolutionary Claims.

Mr. Hammond presented resolutions of the legislature of South Carolina, opposed to any change in the present organization of the Light-House Board; which were referred to the Committee on Commerce.

Mr. Bright presented the memorial of William M. Wood, a surgeon in the navy, praying to be allowed travelling expenses incurred under an order of his commanding officer; which was referred to the Committee on Naval Affairs.

Mr. Mason presented the memorial of Fannie White, widow of C. B. White, a military storekeeper, praying to be allowed a pension; which was referred to the Committee on Pensions.

Mr. Kennedy presented the memorial of James H. Causten, attorney in fact of the legal representatives of Samuel Smith, James A. Buchanan, and others, praying that interest may be allowed in the settlement of their accounts at the Treasury Department, upon certain awards made for vessels sunk in the defence of Baltimore during the last war with Great Britain; which was referred to the Committee on Commerce.

Mr. Davis presented a petition of officers of the army stationed at Fort Kearney, praying that provision may be made for supporting bands of music in the military service; which was referred to the Committee on Military Affairs and the Militia.

Mr. Davis presented a petition of citizens of New York, praying that all further traffic in and monopoly of the public lands may cease, and that they be laid out in farms for the free and exclusive use of actual settlers only; which was referred to the Committee on Public Lands.

Mr. Davis presented the petition of Samuel Jones, a captain in the army, praying remuneration for losses sustained by him, in consequence of the explosion of the steamer Pennsylvania, on the Mississippi river, while he was a passenger thereon, travelling in the public service; which was referred to the Committee on Claims.

Mr. Johnson, of Arkansas, presented the credentials of the honorable William K. Sebastian, chosen a senator of the United States by the legislature of the State of Arkansas; which were read.

Mr. Gwin presented twelve petitions of citizens of California, praying the establishment of a mail route from Marysville to San Francisco; which were referred to the Committee on Post Offices and Post Roads.

Mr. Gwin presented the petition of Leonard J. Rose, praying indemnity for property stolen and destroyed by the Indians; which was referred to the Committee on Indian Affairs.

Mr. Gwin presented the petition of Robert Perkins, praying indemnity for property stolen and destroyed by the Indians; which was referred to the Committee on Indian Affairs.

Mr. Chandler presented the petition of Thomas S. Sprague, praying compensation for investigating certain depredations on the public lands in Michigan; which was referred to the Committee on Claims.

0102 102

Mr. Fessenden presented a petition of Reuben Knight, and others, whose claims for bounty land under the act of March 3, 1855, have been rejected, praying a modification of that act; which was referred to the Committee on Public Lands.

Mr. Green presented additional papers in support of the claim of J. and R. H. Porter; which were referred to the Committee on Military Affairs and the Militia.

Mr. Brown presented a memorial of the Provident Association of Clerks, praying an amendment of their charter; which was referred to the Committee on the District of Columbia.

Mr. Foot presented the petition of Marshall Harvey, praying to be placed on the roll of invalid pensioners; which was referred to the Committee on Pensions.

Mr. Foot presented a statement of S. S. Wickham, John Robinson, and Samuel S. Bryan, soldiers in the late war with Mexico, respecting the raising of the first American flag on the citadel of Mexico, in September, 1847; which was referred to the Committee on Military Affairs and the Militia.

Mr. King presented a petition of citizens of New York, praying that the public lands may be laid out in farms for the free and exclusive use of actual settlers; which was referred to the Committee on Public Lands.

Mr. Clay presented the memorial of Simeon Geron, praying compensation for services rendered and losses sustained in carrying despatches during the war of 1812; which was referred to the Committee on Claims.

Mr. King presented the petition of Rebecca A. Correll, widow of Isaac Correll, deceased, late a private in the army, praying to be allowed a pension; which was referred to the Committee on Pensions.

Mr. Jones presented a memorial of an annual convention of Baptists, held at Iowa City, October 9, 1858, praying the enactment of a law for the protection of chaplains in the public service; which was referred to the Committee on Naval Affairs.

Mr. Mallory presented the petition of Raphael Semmes, a commander in the navy, praying that he may be allowed the sea service pay of his grade while employed as secretary of the Light-house Board; which was referred to the Committee on Naval Affairs.

Mr. Jones presented the memorial of R. H. Gillet, praying compensation for the arrangement of certain cases in the Supreme Court, at the request of the Attorney General of the United States; which was referred to the Committee on the Judiciary.

Agreeably to notice Mr. Foster asked and obtained leave to bring in a joint resolution (S. 61) giving construction to the act entitled “An act to extend an act entitled ‘An act to continue half-pay to certain widows and orphans approved February 3, 1853,’” approved June 3, 1858; which was read the first and second times, by unanimous consent, and referred to the Committee on Pensions.

Mr. Foot asked and, by unanimous consent, obtained leave to bring in a joint resolution (S. 62) explanatory of an act approved March 3, 1855, entitled “An act granting bounty land to certain officers and soldiers who have been engaged in the military service of the United 0103 103 States;” which was read the first and second times, by unanimous consent, and referred to the Committee on Public Lands.

Mr. Gwin asked and, by unanimous consent, obtained leave to bring in a joint resolution (S. 63) authorizing the settlement of the accounts of Redick McKee; which was read the first and second times, by unanimous consent, and referred to the Committee on Indian Affairs.

Mr. Gwin asked and, by unanimous consent, obtained leave to bring in a bill (S. 483) concerning the transportation of the mails between the Pacific and Atlantic coasts; which was read the first and second times, by unanimous consent, and referred to the Committee on Post Offices and Post Roads.

Mr. Gwin asked and, by unanimous consent, obtained leave to bring in a bill (S. 484) for the relief of Isaac S. K. Otter, judge of the United States district court for the southern district of California; which was read the first and second times, by unanimous consent, and, with the accompanying papers relating to the claim of Isaac S. K. Ogier, referred to the Committee on Claims.

Mr. Mallory, from the Committee on Naval Affairs, to whom was referred a petition of officers of the navy, and a memorial of Captain R. B. Cunningham, reported a bill (S. 485) to increase the pay of the officers of the navy.

The bill was read and passed to a second reading.

Mr. Mallory, from the Committee on Naval Affairs, to whom the subject was referred, reported a bill (S. 486) to authorize the construction of ten war steamers.

The bill was read and passed to a second reading.

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

Resolved, That the President be requested to communicate, if, in his opinion, it be not incompatible with the public interest, any correspondence with the government of Peru, or its agents, on the subject of trade in guano, and all information which may tend to explain the manner in which said trade is regulated, and whether such regulations have not the effect unduly to enhance the price of guano to the consumer, or to deprive vessels navigating under the flag of the United States of the fair and equal competition with those of other nations guarantied by the treaty with Peru of the 19th of July, 1852; and if so, whether any and what legislation is expedient to counteract the effect of such regulations.

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

Resolved, That so much of the report of the Secretary of the Interior as relates to the compensation of the United States district attorneys, marshals, and clerks of the courts, be referred to the Committee on the Judiciary, and that said committee report by bill or otherwise.

A message from the House of Representatives by Mr. Barclay:

Mr. President: The House of Representatives has passed the following bills; in which it requests the concurrence of the Senate:

H. R. 662. An act making appropriations for the payment of invalid and other pensions of the United States for the year ending the 30th of June, 1860;

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H. R. 663. An act making appropriations for the support of the Military Academy for the year ending the 30th of June, 1860.

The President of the United States approved and signed, the 21st December, an act (H. R. 356) for the relief of Roswell Minard, father of Theodore Minard, deceased; and on the 22d December an act (H. R. 565) to confirm the land claim of certain pueblos and towns in the Territory of New Mexico.

The bills from the House of Representatives (H. R. 662 and H. R. 663) last mentioned were read the first and second times, by unanimous consent, and referred to the Committee on Finance.

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

Resolved, That so much of the President's second annual message as relates to a reduction of the expenditures of the government of the United States, which is in the following words, to wit: “I invite Congress to institute a rigid scrutiny to ascertain whether the expenses in all the departments cannot be still further reduced; and I promise them all the aid in my power in pursuing the investigation,” be referred to the Committee on Finance; and that said committee are hereby instructed, after first conferring with and obtaining all “ aid ” and information from the President and heads of the departments, as indicated in the President's message, to report a bill reforming, as far as possible, all abuses, if any, in the application of the appropriations made by Congress for the support of the various departments, and which will reduce the expenditures to an honest, rigid, economical administration of the government.

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

After debate, and the consideration of executive business, by unanimous consent,

On motion by Mr. Slidell,

The Senate adjourned.

WEDNESDAY, January 5, 1859. Link to Annals.

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

To the Senate and House of Representatives:

I transmit a copy of a letter of the 8th of April last from the minister of the United States in China, and of the decree and regulation which accompanied it, for such revision thereof as Congress may deem expedient, pursuant to the sixth section of the act approved August 11, 1848.

JAMES BUCHANAN.

Washington, December 27, 1858.

The message was read.

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

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On motion by Mr. Pugh, that the message 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 Navy, communicating, in obedience to law, a statement of the contracts which have been made under the cognizance of the Bureau of Yards and Docks during the year 1858; which was read.

Ordered, That it lie on the table.

On motion by Mr. Mallory, that the report 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, communicating, in compliance with a resolution of the Senate, a statement showing the amount yet due to claimants and unprovided for under the third article of the treaty with the Rogue River Indians, of Oregon Territory, of September 10, 1853, as ascertained by the commissioners appointed for that purpose; which was read.

On motion by Mr. Sebastian,

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

The Vice President laid before the Senate a letter of the Chief Clerk of the Court of Claims, returning, in compliance with a resolution of the Senate, the papers in the case of Frederick Vincent, executor of James Lecaze, surviving partner of Lecaze & Mallet; which was read.

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

Mr. Pearce presented a petition of residents of Georgetown, District of Columbia, praying that the Metropolitan Railroad Company may be authorized to construct their road from Georgetown into and through the City of Washington; which was referred to the Committee on the District of Columbia.

Mr. Pearce presented five petitions of citizens of Washington, praying that the Metropolitan Railroad Company may be authorized to construct their road along Pennsylvania avenue to the Baltimore railroad depot; which were referred to the Committee on the District of Columbia.

Mr. Doolittle presented a letter addressed to him by A. G. Miller, showing the necessity of a law to authorize the district courts of the United States to appoint commissioners; which was referred to the Committee on the Judiciary.

Mr. Doolittle presented the petition of William Henry Brisbane, praying the enactment of a law by which negroes born in the United States, and not convicted of crime, may become citizens; which was referred to the Committee on the Judiciary.

Mr. Mason presented the petition of William Gaston Pearson, asking indemnity for injuries to a certain mill and water rights, done in the execution of an act of Congress for supplying the public buildings with water; which was referred to the Committee on Public Buildings and Grounds.

Mr. Mason presented the petition of Dorothy Hyre, widow of Michael Plyman, the petition of Isaac Cutright, the petition of Elizabeth Knight, widow of John Knight, the petition of Jacob Riffel, the petition of Henry Schoonover, the petition of Samuel Warner, the petition of George Butcher, the petition of Mary Bickel, widow of 0106 106 George Bickel, the petition of Phebe Noose, widow of Jacob Noose, the petition of Elizabeth Myers, widow of Andrew Myers, the petition of Elizabeth Tennant, widow of Peter Tennant, and the petition of Isaac White, severally praying to be allowed a pension; which were referred to the Committee on Pensions.

Mr. Brown presented a resolution of the Board of Aldermen and Board of Common Council of Georgetown, District of Columbia, in favor of the erection of a permanent bridge ever the Potomac river, upon the piers of the aqueduct of the Alexandria canal; which was referred to the Committee on the District of Columbia.

Mr. Brown presented a memorial of the citizens of Washington residing in the southern portion of the fifth ward, praying certain improvements on New Jersey avenue; which was referred to the Committee on the District of Columbia.

Mr. Iverson presented resolutions of the legislature of Georgia, in favor of the appointment of a commissioner to obtain information relative to the southern pine timber region of the United States; which were referred to the Committee on Naval Affairs and ordered to be printed.

Mr. Iverson presented a resolution of the legislature of Georgia, in favor of the establishment of a tri-weekly mail line from Canton to Dawsonville; which was referred to the Committee on Post Offices and Post Roads and ordered to be printed.

Mr. Iverson presented a resolution of the legislature of Georgia, in favor of the establishment of mail routes from Ellijaz to Ball Ground, and from Eden to Harvillville; which was referred to the Committee on Post Offices and Post Roads and ordered to be printed.

Mr. Iverson presented a resolution of the legislature of Georgia, in favor of the establishment of a national armory within that State; which was referred to the Committee on Military Affairs and the Militia and ordered to be printed.

Mr. Iverson presented a resolution of the legislature of Georgia, in favor of a law to refund the various sums advanced by that State in the prosecution of Indian wars and the last war with Great Britain; which was referred to the Committee on Military Affairs and the Militia and ordered to be printed.

Mr. Sebastian presented three petitions of citizens of the Fayetteville land district in Arkansas, praying the removal of the land office from that place to Huntsville; which were referred to the Committee on Public Lands.

Mr. Mallory presented the petition of Frederick E. Sickels, praying that his application for an extension of his patent may be referred to the Commissioner of Patents; which was referred to the Committee on Patents and the Patent Office.

Mr. Mallory presented resolutions of the Chamber of Commerce of Apalachicola, Florida, praying the improvement of the harbor at that place, and the erection of buildings for the use of the custom-house, court-house, post office, and marine hospital; which were referred to the Committee on Commerce.

Mr. Broderick presented the petition of William Richmond, a soldier 0107 107 in the war with Mexico, praying a pension; which was referred to the Committee on Pensions.

Mr. Clay presented the credentials of the honorable James Chesnut, jr., elected a senator by the legislature of South Carolina, to fill a vacancy occasioned by the death of the honorable Josiah J. Evans.

The credentials were read, and the oath prescribed by law was administered to Mr. Chesnut, and he took his seat in the Senate.

Mr. Pearce presented a memorial of the corporation of Georgetown, District of Columbia, praying that the Metropolitan Railroad Company may be allowed to lay their road along Pennsylvania avenue to the Capitol and the Baltimore and Washington depot; which was referred to the Committee on the District of Columbia.

Mr. Johnson, of Arkansas, presented a petition of citizens of Arkansas, praying the establishment of a mail route from Mount Ida to Hot Springs, in that State; which was referred to the Committee on Post Offices and Post Roads.

Mr. Trumbull presented the memorial of the heirs of Captain Benjamin Page, deceased, praying indemnity for French spoliations prior to 1800.

Ordered, That it lie on the table.

Mr. Johnson, of Arkansas, presented a petition of citizens of Arkansas, praying the establishment of a mail route from Champagnole to Atalanta, in that State; which was referred to the Committee on Post Offices and Post Roads.

Mr. Bright presented a memorial of the president and directors of the Leavenworth and Fort Gibson Railroad Company and the Pacific and Pueblo City Railroad Company, praying permission to run the line of said roads over Indian lands on certain conditions; which was referred to the Committee on Indian Affairs.

Mr. Polk asked and, by unanimous consent, obtained leave to bring in a joint resolution (S. 64) explanatory of “An act to amend an act entitled ‘An act supplemental to an act providing for the prosecution of existing war between the United States and Mexico, and for other purposes,’ approved July, 19, 1848;” which was read the first and second times, by unanimous consent, and referred to the Committee on Military Affairs and the Militia.

Mr. Polk presented the petition of Napoleon Koseialowski, captain of a company of Missouri volunteers in the war with Mexico, praying that his company may be allowed three months' extra pay; which was referred to the Committee on Military Affairs and the Militia.

Mr. Trumbull asked and, by unanimous consent, obtained leave to bring in a bill (S. 487) to provide for the sale of the military reservation of Fort Armstrong, known as the island of Rock Island, in the State of Illinois; which was read the first and second times, by unanimous consent, and referred to the Committee on Military Affairs and the Militia.

Mr. Jones asked and, by unanimous consent, obtained leave to bring in a bill (S. 488) for the relief of the citizens and owners of property in Omaha City, Nebraska Territory; which was read the first and second times, by unanimous consent, and referred to the Committee on Public Lands.

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Mr. Foot asked and, by unanimous consent, obtained leave to bring in a joint resolution (S. 65) authorizing the Secretary of the Treasury to convey a portion of the government lot on which the United States court-house in Rutland, Vermont, stands, in exchange for other land adjoining said lot; which was read the first and second times, by unanimous consent, and referred to the Committee on the Judiciary.

On motion by Mr. Green,

Ordered, That the Committee on the Judiciary be discharged from the further consideration of the resolution of the Senate relative to the expediency of a law authorizing the marshal of the western district of Arkansas to employ assistants and guards in serving process in the Indian country.

On motion by Mr. Davis,

Ordered, That the Committee on Military Affairs and the Militia be discharged from the further consideration of the memorial of Fanny White, widow of C. B. White; and that it be referred to the Committee on Pensions.

The Senate proceeded to consider the resolution submitted by Mr. Seward the 21st of December, in relation to the amendment of the act to prohibit the African slave trade; and, having been amended on the motion of Mr. Seward, it was agreed to as follows:

Resolved, That the Committee on the Judiciary inquire whether any amendments to existing laws ought to be made for the suppression of the African slave trade.

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

Resolved, That the Committee on Post Offices and Post Roads be instructed to inquire into the expediency of establishing post routes between the following points:

From Geeseville, Pope county, in Arkansas, to Jaspar, Newton county, in said State; from Ultima Thule, Sevier county, Arkansas, to Boston, Bowie county, Texas; from Revilee to Canthrous Prairie, by way of Sugar Creek, all in Arkansas; from Russellville, by Dover, Rockhill, Geeseville, Borland, Carrollton, in Arkansas, to Forsyth, in Missouri; from Frémont, Ouchita county, Arkansas, by way of Lisbon, Atlanta, Pinson, to Varners; from Huntsville, in Madison county, Arkansas, to Springfield, in Missouri.

Mr. Wilson submitted the following resolution for consideration:

Resolved, That a committee of five be appointed to inquire whether any civil officer, clerk, or other person in the employ of the government in any department of service, has been, since the 4th of March, 1857, required to contribute a portion of his salary; pay, or compensation, in any manner, to defray the expenses of or to be in any way so used in any election during that period, or whether any such officer, clerk, or other person, has, during that period, been removed from office because of any refusal or omission to comply with any such requirement, and that said committee report the facts elicited by said inquiry; and also what legislation is necessary to prevent the employment, directly or indirectly, of money to carry or influence elections; 0109 109 and that said committee be authorized to send for persons and papers and to examine witnesses under oath.

Mr. Iverson submitted the following resolution for consideration:

Resolved, That the order of the Senate of the 23d ultimo, in relation to the admission of persons on the floor of the Senate, be so amended as to admit heads of departments, the President's private secretary, governors of the States for the time being, foreign ministers, ex-senators, and judges of the Supreme Court.

The Senate proceeded to consider the said resolution by unanimous consent; and, an amendment being proposed by Mr. Chandler,

On motion by Mr. Mason,

Ordered, That the resolution be referred to the Committee on the Library

Mr. Jones submitted the following resolution; which was considered, by unanimous consent, and referred to the Committee on Printing:

Resolved, That fifty thousand copies of the addresses delivered on yesterday, in the late Senate chamber, and the prayers of the chaplains on the occasion of the retiring of the members of this body therefrom, be printed for the use of the Senate.

The Senate resumed the consideration of the resolution submitted by Mr. Johnson, of Tennessee, the fourth instant, relative to the expenses of the government, with the amendment proposed thereto; and

On motion by Mr. Gwin,

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

The Senate resumed the consideration of the bill (S. 65) “to authorize the President of the United States to contract for the transportation of the mails, troops, seamen, munitions of war, army and navy supplies, and all other government service, by railroad, from the Missouri river to San Francisco, in the State of California;” and the same being under debate,

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

Mr. President: The House of Representatives, having been informed of the death of the Hon. John A. Quitman, a member of the House of Representatives from the State of Mississippi, has passed resolutions on the occasion, which I am desired to communicate to the Senate.

The resolutions were read.

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

Resolved, That the Senate receives with sincere regret the announcement of the death of the Hon. John A. Quitman, late a member of the House of Representatives from the State of Mississippi, and tenders to the relatives of the deceased the assurance of their sympathy with them under the bereavement they have been called to sustain.

Resolved, That the Secretary of the Senate be directed to transmit to the family of General Quitman a certified copy of the foregoing resolution.

Resolved, That in token of respect for the memory of the deceased, the Senate do now adjourn.

Whereupon,

The Senate adjourned.

THURSDAY, January 6, 1859. Link to Annals.

The Vice President laid before the Senate a report of the Secretary of the Treasury, the Postmaster General, and the Attorney General, of proceedings under the joint resolution of June 3, 1858, in relation to the public buildings at Philadelphia; which was read.

On motion by Mr. Bigler,

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

The Vice President presented a report of the Postmaster General, communicating, in compliance with a resolution of the Senate, all the papers and documents relating to the various charges made against the official conduct of the postmaster at San Francisco; which was read.

Ordered, That it lie on the table.

Mr. Jones presented the petition of Abby S. Chaplin, widow of Colonel Josiah Snelling, of the army, praying to be allowed a pension; which was referred, with the papers on file, to the Committee on Pensions.

Mr. Seward presented papers in support of the claim of Jane Perry, widow of Commodore Matthew C. Perry, to a pension; which were referred to the Committee on Pensions.

Mr. Seward presented a petition of citizens of New York, praying that the public lands may be laid out in farms for the free and exclusive use of actual settlers.

Ordered, That it lie on the table.

Mr. Seward presented the petition of Peter Tyler, a citizen of the United States, praying the aid of the government in enforcing his claims against Peru; which was referred to the Committee on Foreign Relations.

Mr. Seward presented a memorial of the delegates of the people of Kansas, praying admission into the Union as a State; which was referred to the Committee on Territories.

Mr. Hunter presented a petition of citizens of Loudoun county, Virginia, praying the establishment of a national foundry on the Potomac river, in said county, at a place opposite the Point of Rocks; which was referred to the Committee on Military Affairs and the Militia.

Mr. Bigler presented the memorial of William Young, praying the establishment of an additional daily mail between the cities of New York and Boston; which was referred to the Committee on Post Offices and Post Roads.

Mr. Pugh presented the petition of James Albertson, a soldier in the war with Mexico, praying to be allowed a pension; which was referred to the Committee on Pensions.

Mr. Pugh presented the memorial of Thomas W. Rathbone, for himself and the co-heirs of J. C. Rathbone, deceased, praying indemnity for French spoliations prior to 1800.

Ordered, That it lie on the table.

Mr. Slidell Presented a petition of the Louisiana Tehuantepec Company, 0111 111 praying the enactment of a law authorizing the issue of registers to the steamships America and Canada, and to change their names; which was referred to the Committee on Commerce.

Mr. Johnson, of Tennessee, presented a resolution of the city council of Memphis, Tennessee, in favor of the establishment of an inspection district and the erection of a marine hospital at Memphis; which was referred to the Committee on Commerce.

Mr. Stuart, from the Committee on Public Lands, to whom was referred the joint resolution (S. 62) explanatory of an act approved March 3, 1855, entitled “An act granting bounty land to certain officers and soldiers who have been engaged in the military service of the United States,” reported it without amendment, and that it ought not to pass.

Mr. Stuart, from the Committee on Public Lands, to whom were referred the memorial of John A. Ragan, the petition of Reuben Knight and others, the memorial of the Leavenworth and Fort Gibson Railroad Company, the memorial of Lewis Purdy and others, the petition of A Payne, the memorial of the Pacific and Pueblo City Railroad Company, two petitions from citizens of New York presented the 4th of January relative to the public lands, a memorial of the legislature of Minnesota asking a grant of land for agricultural colleges in the States and a homestead law, a memorial of the legislature of Minnesota relative to a certain grant of land to that State for a railroad, a memorial of the same asking a grant of land for the Nininger, St. Peter and Western railroad, and memorials of the same asking a grant of land for a railroad from Winona to the southern boundary of the State, and for a railroad from Root river to Sioux Fails City, reported adversely thereon.

Mr. Brown, from the Committee on the District of Columbia, to whom was referred a petition of citizens of the District of Columbia on the subject, reported a bill (S. 489) to prevent malicious mischief and protect property in the District of Columbia; which was read and passed to a second reading.

Mr. Bigler asked and, by unanimous consent, obtained leave to bring in a bill (S. 490) regulating the location of the public buildings at Philadelphia; which was read the first and second times? by unanimous consent, and referred to the Committee on Post Offices and Post Roads.

On motion by Mr. Clay,

Ordered, That the Committee on Commerce be discharged from the further consideration of resolutions of the legislature of C?lifornia relative to the appointment of consuls at the ports of Guaymas, Mazatlan, Manzanillo, and La Paz, in Mexico, and from the further consideration of the petition of Abel Hildreth.

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

Resolved, That the Secretary of the Navy be requested to communicate to the Senate what action has been taken, or is intended to be taken, by the department towards the construction of the naval depot near Brunswick, Georgia. And that he also transmit to the Senate copies of all correspondence and other papers on file in the department upon the subject of the sale and purchase of the site for said 0112 112 depot. Also a statement showing the several amounts and for what objects expended of the fund appropriated by Congress for the purchase of said site and the construction of said depot.

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

Resolved, That the Committee on Post Offices and Post Roads be instructed to inquire into the expediency of establishing a post route from Pleasant Hill to the City of Selma, in the county of Dallas, in the State of Alabama.

On motion by Mr. Crittenden, that the Senate proceed to the consideration of the bill (S. 45) to provide for the ascertainment and satisfaction of claims of American citizens for spoliations committed by the French prior to the 31st of July, 1801.

It was determined in the affirmative,

Yeas 24

Nays 18

On motion by Mr. Clay,

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

Those who voted in the affirmative are,

Messrs. Bates, Bayard, Bell, Benjamin, Bright, Chandler, Clark, Collamer, Crittenden, Dixon, Doolittle, Fessenden, Foot, Foster, Hamlin, Kennedy, Pearce, Seward, Simmons, Stuart, Thomson, of New Jersey, Trumbull, Wade, Wilson.

Those who voted in the negative are,

Messrs. Bigler, Broderick, Brown, Clay, Davis, Fitzpatrick, Green, Gwin, Harlan, Hunter, Iverson, Johnson, of Arkansas, Johnson, of Tennessee, Jones, Polk, Pugh, Reid, Slidell.

Whereupon,

The Senate resumed, as in Committee of the Whole, the consideration of said bill.

At one o'clock, Mr. Crittenden having the floor, the Vice President called up the special order of the day.

On motion by Mr. Bigler, that Mr. Crittenden have leave to continue his remarks,

It was determined in the affirmative.

Mr. Crittenden having concluded,

On motion by Mr. Gwin, that the further consideration of the bill be postponed until to-morrow,

It was determined in the negative.

No amendment being made the bill was reported to the Senate.

On motion by Mr. Gwin,

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

The Senate resumed the consideration of the bill (S. 65) to authorize the President of the United States to contract for the transportation of the mails, troops, seamen, munitions of war, army and navy supplies, and all other government service, by railroad, from the Missouri river to San Francisco, in the State of California.

An amendment having been proposed by Mr. Wilson, and an amendment thereto by Mr. Harlan,

After debate,

On motion by Mr. Johnson, of Arkansas,

The Senate adjourned.

FRIDAY, January 7, 1859. Link to Annals.

The Vice President laid before the Senate a report of the Secretary of War, communicating, in compliance with a resolution of the Senate, information in respect to any land in the harbor of New York belonging to the United States, that may be appropriated, if required, to the use of the revenue department; which was read.

Ordered, that it lie on the table.

On motion, that the report be printed,

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

The Vice President presented the petition of George W. Grayson, one of the heirs of Colonel William Grayson, of the revolutionary army, praying that his heirs may be allowed commutation pay, with interest thereon; which was referred to the Committee on Revolutionary Claims.

The Vice President presented a petition of citizens of Kentucky, praying the establishment of a national foundry at Mound City, in Pulaski county, Illinois; which was referred to the Committee on Military Affairs and the Militia.

Mr. Seward presented a petition of citizens of New York, praying that the public lands may be laid out in farms for the free and exclusive use of actual settlers.

Ordered, That it lie on the table.

Mr. Seward presented a petition of citizens of Mount Morris, New York, praying that pensions may be granted to the militia and other officers and soldiers of the war of 1812, and to the widows of those deceased; which was referred to the Committee on Pensions.

On motion by Mr. Seward,

Ordered, That the Committee on Finance be discharged from the further consideration of the bill (S. 477) authorizing the removal of the offices belonging to the United States and occupied by the collector of the revenue, in connexion with the quarantine station in the port of New York, and that it be referred to the Committee on Commerce.

Mr. Seward presented a letter addressed to him by N. T. Strong, in favor of including the Seneca Indians of New York, who were engaged in the war of 1812, in the bill granting pensions to the soldiers of that war, now before Congress; which was referred to the Committee on Pensions.

Mr. Hammond presented the credentials of the Honorable James Chesnut, jr., elected a senator by the legislature of South Carolina for six years from March 4, 1859; which were read.

Mr. Hammond presented the memorial of Lucien Peyronnet, praying that he may be allowed to locate certain bounty land warrants issued under the act of February 11, 1847; which was referred to the Committee on Public Lands.

Mr. Green asked and, by unanimous consent, obtained leave to bring in a bill (S. 491) to authorize the issuance of patents for lands entered under the graduation act; which was read the first and second times, by unanimous consent, and referred to the Committee on Public Lands. 8

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Mr. King presented the petition of citizens of New York, praying that the public lands may be laid out in farms for the free and exclusive use of actual settlers; which was referred to the Committee on Public Lands.

On motion by Mr. Jones,

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

Mr. Bigler presented a memorial of Taylor & Maury, and others of Washington, D. C., praying authority to construct a railroad from Georgetown, along Pennsylvania avenue, to the Navy Yard in that city; which was referred to the Committee on the District of Columbia.

Mr. Bigler presented the petition of William Honeywell, postmaster at Miamieville, Kansas, praying the establishment of a mail route from Paola to West Point, on the Missouri State line; which was referred to the Committee on Post Offices and Post Roads.

Mr. Bigler presented the petition of Lawrence Myers, representing that he contracted to furnish iron pipe for the Washington Aqueduct, but was unable to comply with his contract on account of the delinquencies of the agent of the government, and praying relief; which was referred to the Committee on Claims.

Mr. Green presented the memorial of William Rees, praying permission to locate fifteen hundred acres of public land in a body for the establishment of a normal settlement; which was referred to the Committee on Public Lands.

Mr. Ward presented the petition of Adolphus Glaevecke, praying compensation for mules and horses illegally seized at Brownsville in October, 1851, by the marshal of the United States; which was referred to the Committee on Claims.

On motion by Mr. Clay,

Ordered, That the petition of Simeon Gerron, on the files of the Senate, be referred to the Committee on Claims.

Mr. Trumbull, from the Committee on the Judiciary, to whom was referred the bill (S. 470) amendatory of existing laws relating to the punishment of certain crimes against the United States, reported it with amendments.

Mr. Trumbull asked and, by unanimous consent, obtained leave to bring in a bill (S. 492) to amend “An act for the punishment of crimes in the District of Columbia,” approved March 2, 1831; which was read the first and second times, by unanimous consent, and referred, with the accompanying paper, to the Committee on the Judiciary.

Mr. Sebastian asked and, by unanimous consent, obtained leave to bring in a joint resolution (S. 66) authorizing the Postmaster General adjust the accounts of Peay & Ayliffe for carrying the United States mail on route No. 7,503 in the State of Arkansas; which was read the first and second times, by unanimous consent, and referred to the Committee on Post Offices and Post Roads.

Mr. Green, from the Committee on Territories, to whom was referred a memorial of the legislature of Minnesota, asking indemnity or cor tain expenditures by that State, reported adversely thereon.

0115 115

Mr. Clay, from the Committee on Commerce, to whom was referred the petition of the Louisiana Tehuantepec Company, reported a bill (S. 493) authorizing the issue of registers to the steamships America and Canada, and to change the names of said steamships; which was read the first and second times, by unanimous consent, and considered as in Committee of the Whole; and no amendment being made, it was reported to the Senate.

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

The said bill was read the third time by unanimous consent.

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

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

Mr. Bigler, from the Committee on Commerce, to whom was referred the memorial of citizens of Allen county, Indiana, for a ship canal around the Falls of Niagara, reported: That the committee bo discharged from the further consideration of the memorial.

On motion by Mr. Slidell,

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

Mr. Shields asked and, by unanimous consent, obtained leave to bring in a bill (S. 494) to secure title to the settlers upon the Kansas half-breed tract, and for other purposes; which was read the first and second times, by unanimous consent, and referred to the Committee on Indian Affairs.

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

Resolved, That the President of the United States, if in his opinion it shall be not incompatible with the public interest, be requested to communicate to the Senate any correspondence which may have passed between Her Britannic Majesty's government and the minister of the United States in London of a recent date, touching the abuses of the American flag in the prosecution of the African slave trade on the coast of Africa, and especially touching the cruise of the Wanderer on that coast.

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

Resolved, That the Secretary of the Interior report to the Senate the length and grade of service performed by Joel Harris, of Virginia, in the war of the revolution, and whether the State of Virginia did or did not transfer and allow the service of said Joel Harris, and order a remainder of pay, to a private of infantry of the continental line by the name of James Harris, and that he also report the age of said James Harris as appears on the rolls, order book, or other records of the continental line proper, now in his department.

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

Resolved, That the Committee on Public Lands be instructed to inquire into the expediency of reviving and extending for a limited time the act authorizing the location of donation claims in the State of Arkansas, and report.

Mr. Wilson submitted the following resolution for consideration:

Resolved, That the Postmaster General, at the earliest practicable 0116 116 period, communicate to the Senate true copies of all contracts or agreements made with John Butterfield and his associates for carrying the mail or otherwise from the Mississippi river to the Pacific ocean, or from or to any intermediate points; that he state by what authority, and under what law or resolution, such contract or contracts, agreement or agreements, were made; and that he also state fully what payments or advances have been made for or on account of such service, contracts, or agreements, when made, to whom. and in what sum or sums And that the Postmaster General further state and set forth fully what number of letters, packages, and despatches, or other matter, have been carried or transported by said company from or to the Mississippi river or California, or any intermediate points, and the amount of money collected or received for postage or otherwise on such letters, despatches, or packages, and what security or securities have been given for the performance of such agreement or contracts, and that he furnish copies of any bonds or other security, and the number of passengers that have been carried by said company, from what point to what point, and for what compensation; and also the time made each trip between San Francisco and the Mississippi river.

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

Resolved, That the Secretary of the Navy communicate to the Senate a list of all the vessels of all kinds belonging to or employed in connexion with the navy of the United States, together with a list of all the officers of the navy, with their compensation, together with his opinion whether the number of such offcars or their compensation, or that of any class of them, can be reduced without injury to the public service.

Mr. Clay asked and, by unanimous consent, obtained leave to bring in a joint resolution (S. 67) for the appointment of two regents of the Smithsonian Institution; which was read the first and second times, by unanimous consent, and considered as in Committee of the Whole; and no amendment being made, it was reported to the Senate.

Ordered, That it be engrossed and read a third time. The said resolution was read the third time.

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

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

On motion by Mr. Crittenden, that the Senate resume the consideration of the bill (S. 45) to provide for the ascertainment and satisfaction of claims of American citizens for spoliations committed by the French prior to July 31, 1801,

It was determined in the affirmative,

Yeas 30

Nays 23

On motion of Mr. Foster,

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

Those who voted in the affirmative are,

Messrs. Bates, Bell, Benjamin, Cameron, Chandler, Chesnut, Clark, Collamer, Crittenden, Dixon, Doolittle, Fessenden, Foot, Foster, Hamlin, Hammond, Harlan, Houston, Kennedy, Pearce, Seward, 0117 117 Shields, Simmons, Stuart, Thompson, of Kentucky, Thomson, of New Jersey, Toombs, Trumbull, Wade, Wilson.

Those who voted in the negative are,

Messrs. Bigler, Bright, Broderick, Clay, Davis, Fitzpatrick, Green, Gwin, Hunter, Iverson, Johnson, of Arkansas, Johnson, of Tennessee, Jones, King, Mallory, Mason, Polk, Reid, Rice, Sebastian, Slidell, Ward, Yulee.

So the Senate proceeded to consider the said bill (S. 45) as in Committee of the Whole.

A debate arising and,

Mr. Davis being on the floor,

The Vice President, at one o'clock, called up the special order of the day; and

The Senate resumed the consideration of the bill (S. 65) to authorize the President of the United States to contract for the transportation of the mails, troops, seamen, munitions of war, army and naval supplies, and all other government service, by railroad, from the Missouri river to San Francisco, in the State of California.

On motion by Mr. Clay to postpone the further consideration thereof, and all other orders, to take up the private bills,

It was determined in the negative,

Yeas 20

Nays 31

On motion by Mr. Green,

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

Those who voted in the affirmative are,

Messrs. Bright, Chesnut, Clay, Clingman, Davis, Fitzpatrick, Green, Hunter, Iverson, Johnson, of Arkansas, Jones, Mason, Polk, Reid, Sebastian, Slidell, Trumbull, Wade, Ward, Yulee.

Those who voted in the negative are,

Messrs. Bayard, Bell, Bigler, Cameron, Chandler, Clark, Collamer, Crittenden, Dixon, Doolittle, Durkee, Fessenden, Foot, Foster, Gwin, Hamlin, Harlan, Houston, Johnson, of Tennessee, Kennedy, King, Rice, Seward, Shields, Simmons, Stuart, Thompson, of Kentucky, Thomson, of New Jersey, Toombs, Wilson.

A motion being made by Mr. Iverson to refer the bill to a committee, with instructions.

On motion by Mr. Wilson,

The Senate adjourned.

MONDAY, January 10, 1859. Link to Annals.

The honorable Stephen A. Douglas, from the State of Illinois, attended.

The Vice President laid before the Senate a letter of the Secretary War, accompanied by seventy-five copies of the official Army Register for 1859; which was read.

The Vice President laid before the Senate a letter of the Secretary of the Treasury, communicating a report of the Superintendent of the Coast Survey, showing the progress of that work during the year ending November 1, 1858, with a map prepared in obedience to an act of Congress approved March 3, 1853; which was read.

0118 118

On motion by Mr. Pearce, that the letter and accompanying report be printed,

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

Mr. Pearce submitted the following resolution; which was considered, by unanimous consent, and referred to the Committee on Printing.

Resolved, That in addition to the usual number of copies of the report of the Superintendent of the Coast Survey for the year 1858, there be printed six thousand two hundred copies; of which twelve hundred shall be for the use of the Senate, and five thousand copies for distribution by the Superintendent of the Coast Survey; that the same be printed and bound with the charts and sketches in quarto form, and that the printing of said charts and sketches shall be done to the satisfaction of the Superintendent of the Coast Survey.

The Vice President laid before the Senate a report of the Secretary of War, communicating a statement of the expenses of the national armories, and the arms and appendages made thereat, during the year ending June 30, 1858; which was read.

Ordered, That it lie on the table.

Mr. Jones presented a memorial of E. Y. Swift and others engaged in the Black Hawk war, praying an amendment of the bounty land laws; which was referred to the Committee on Public Lands.

Mr. Seward presented the memorial of Roland Gelston, for himself and the co-heirs of David Gelston and of Cotton Gelston, praying indemnity for French spoliations prior to 1800.

Ordered, That it lie on the table.

Mr. Seward presented a petition of citizens of New York, praying that the public lands may be laid out in farms for the free and exclusive use of actual settlers.

Ordered, That it lie on the table.

Mr. Pearce presented the memorial of Ann Scott, widow of William B. Scott, deceased, praying to be allowed a commission upon the disbursements made by her husband as pension agent; which was referred to the Committee on Naval Affairs.

Mr. Fitzpatrick presented the memorial of Carlos Butterfield, praying the aid of Congress in establishing a line of steamers between the principal Mexican and American ports on the Gulf of Mexico; which was referred to the Committee on Post Offices and Post Roads.

Mr. Johnson, of Tennessee, presented the petition of Micajab Owen, a soldier in the war of 1812, praying to be allowed a pension; which was referred to the Committee on Pensions.

Mr. Bigler presented the memorial of Russell Comstock, on the subject of letter transportation; which was referred to the Committee on Post Offices and Post Roads.

Mr. Cameron presented a petition of citizens of Armstrong county, Pennsylvania, praying that the bill passed by the House of Representatives granting pensions to the soldiers of the war of 1812 may become a law; which was referred to the Committee on Pensions.

Mr. Jones presented the petition of Samuel Crapin, praying that his pension may commence from the date of his disability; which was referred to the Committee on Pensions.

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Mr. Jones presented the petition of Ezra Clark, praying that his pension may commence from the date of his discharge; which was referred to the Committee on Pensions.

On motion by Mr. Fitzpatrick,

Ordered, That the petition of Thomas Watts, with the adverse report of the Committee on Pensions thereon, be recommitted to the Committee on Pensions.

Mr. Pugh presented the petition of George Robbins, a soldier in the war with Mexico, praying to be allowed a pension on account of disease contracted in the service; which was referred to the Committee on Pensions.

Mr. Pugh asked and, by unanimous consent, obtained leave to bring in a bill (S. 495) for the relief of James Albertson; which was read the first and second times, by unanimous consent, and referred to the Committee on Pensions.

A message from the House of Representatives by Mr. Allen, its Clerk:

Mr. President: The House of Representatives has passed the bill of the Senate (S. 198) for the relief of Joseph Hardy and Alton Long; and it has passed the bill of the Senate (S. 68) for the relief of Elias Hall, of Rutland, Vermont, with an amendment, in which it requests the concurrence of the Senate;

It has also passed the following bills and joint resolution, in which it requests the concurrence of the Senate:

H. R. 77. An act for the relief of Enoch B. Talcott, late collector of customs at Oswego, New York;

H. R. 343. An act granting a pension to Mary Blattenberger, widow of John Blattenberger;

H. R. 357. An act for the relief of Abel M. Butler;

H. R. 358. An act for the relief of Hannah Littel and for other purposes;

H. R. 386. An act for the relief of Shade Calloway;

H. R. 441. An act for the relief of the assignees of Hugh Glenn;

H. R. 443. An act for the relief of William F. Wagner;

H. R. 445. An act for the relief of Samuel A. Fairchilds;

H. R. 21. Joint resolution for the relief of Hall Neilson.

Mr. Pearce, flora the Committee on the Library, who were directed by a resolution of the Senate of the 18th of February, 1858, to consider and report a plan for the accommodation of reporters in the gallery of the Senate, reported the following resolutions:

Resolved, That the front seat of the reporters' gallery shall be assigned to the reporters of the Globe.

Resolved, That the other seats in the reporters' gallery be numbered as directed by the presiding officer of the Senate, who, at the commencement of each Congress, may assign one seat to each newspaper in the city of Washington, and to such other daily newspaper elsewhere as may apply therefor; but if any of such papers have more than one reporter they may alternate, occupying only the one seat assigned to such newspaper.

Seats in the reporters' gallery, however, shall not be assigned to any person, unless the presiding officer shall be satisfied that such person 0120 120 is bona fide a reporter of the particular newspaper by whose editor or editors he shall be certified to be so employed.

Resolved, That the presiding officer he authorized to make from time to time such further regulations in regard hereto as may be deemed proper by him.

Mr. Pearce, from the Committee on the Library, to whom was referred a resolution of the Senate in relation to the admission of persons on the floor of the Senate, reported the following resolution:

Resolved, That the following be substituted for the 48th rule of the Senate:

48. No person shall be admitted to the floor of the Senate while in session except as follows, viz: The officers of the Senate; members of the House of Representatives and their Clerk; the President of the United States and his private secretary; the heads of departments; foreign ministers and their secretaries of legation; ex-senators and judges of the Supreme Court.

The officer in charge of the Capitol extension, during the progress and until the completion of the work, shall be admitted to the floor of the Senate.

The clerks of the committees of the Senate may be admitted to the floor of the Senate for the particular occasion, upon a special order signed by the chairman of the committee.

Mr. Sebastian, from the Committee on Indian Affairs, to whom was referred the bill (S. 494) to secure title to the settlers upon the Kansas half-breed tract, and for other purposes, reported it without amendment, and that it ought not to pass.

Mr. Iverson asked and, by unanimous consent, obtained leave to bring in a bill (S. 496) to abolish the franking privilege of members of Congress, and for other purposes; which was read the first and second times, by unanimous consent, and referred to the Committee on Post Offices and Post Roads.

Agreeably to notice, Mr. Sebastian asked and obtained leave to bring in a joint resolution (S. 68) for supplying the Choctaw Nation with such copies of the laws, journals, and public printed documents as are furnished to the States and Territories; which was read the first and second times, by unanimous consent, and referred to the Committee on the Library.

Mr. Foster, from the Committee on Pensions, to whom was referred the petition of Nancy Read, widow of Levi Read, reported adversely thereon.

Mr. Foster, from the Committee on Pensions, to whom was referred the bill (H. R. 341) for the relief of John Harris, of Warren county, Kentucky, reported it without amendment, and that it ought not to pass.

Mr. Foster, from the Committee on Pensions, to whom was referred the petition of Hester Stoll, widow of Urban Stoll, reported adversely thereon.

Mr. Mallory, from the Committee on Claims, to whom was referred the petition of Radford, Cabot & Co., submitted an adverse report, (No. 338;) which was ordered to be printed.

Mr. Bigler submitted the following resolution for consideration:

0121 121

Resolved, That, for the residue of the present session, Friday and Saturday of each week, after the expiration of one hour from the time of meeting of the Senate, shall be set apart for the consideration of private bills, in the order in which they stand upon the calendar.

The Senate proceeded to consider, as in Committee of the Whole, the joint resolution (S. 62) explanatory of an act approved March 3, 1855, entitled “An act in addition to certain acts granting bounty land to certain officers and soldiers who have been engaged in the military service of the United States;” and,

On motion by Mr. Foote,

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

Mr. Rice presented a petition of citizens in the Root river land district, in Minnesota, praying the establishment of a new land district, and stating the proposed boundaries thereof; which was referred to the Committee on Public Lands.

Mr. Slidell asked and, by unanimous consent, obtained leave to bring in a bill (S. 497) making appropriations to facilitate the acquisition of the island of Cuba by negotiation; which was read the first and second times, by unanimous consent, and referred to the Committee on Foreign Relations.

Mr. Simmons presented the credentials of the Honorable Henry B. Anthony, elected a senator by the legislature of the State of Rhode Island and Providence Plantations, for six years from and after the fourth day of March, 1859; which were read.

Mr. Jones asked and, by unanimous consent, obtained leave to bring in a bill (S. 498) for the relief of the city of Omaha, in the Territory of Nebraska; which was read the first and second times, by unanimous consent, and referred to the Committee on Territories.

Mr. Hunter, from the Committee on Finance, to whom was referred the bill (H. R. 663) making appropriations for the support of the Military Academy for the year ending the 30th of June, 1860, 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 pass to a third reading.

The said bill was read the third time.

Resolved, That it pass.

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

The Senate resumed the consideration of the bill (S. 45) 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; and,

While Mr. Davis was engaged in debate,

The time arrived for calling up the special order of the day.

On motion by Mr. Stuart, that the consideration of the pending bill be continued,

It was determined in the affirmative.

After debate,

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

0122 122

The said bill was read a third time.

On the question, “Shall this bill pass?”

It was determined in the affirmative,

Yeas 26

Nays 20

On motion by Mr. Davis,

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

Those who voted in the affirmative are,

Messrs. Bates, Bayard, Bell, Benjamin, Broderick, Cameron, Chandler, Chesnut, Clark, Clingman, Collamer, Crittenden, Dixon, Doolittle, Durkee, Foot, Foster, Hamlin, Hammond, Houston, Pearce, Seward, Simmons, Stuart, Toombs, Wilson.

Those who voted in the negative are,

Messrs. Bigler, Bright, Clay, Davis, Douglas, Fitch, Fitzpatrick, Harlan, Hunter, Iverson, Johnson, of Tennessee, King, Mason, Polk, Reid, Rice, Slidell, Trumbull, Ward, Yulee.

So it was

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

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

On motion by Mr. Pearce,

The Senate proceeded to consider, by unanimous consent, the reported resolution amendatory of the 48th rule of the Senate.

On motion by Mr. Hunter, to amend the resolution by adding thereto:

“The mayors of the cities of Washington and Georgetown,”

An amendment thereto was proposed by Mr. Shields, to add “the heads of the executive bureaus;” and

It was determined in the negative.

The question recurring on agreeing to the amendment proposed by Mr. Hunter,

It was determined in the negative.

On motion by Mr. Toombs, to strike out the following clause:

“The clerks of the committees of the Senate may be admitted to the floor of the Senate for the particular occasion, upon a special order, signed by the chairman of the committee,”

It was determined in the affirmative.

On motion by Mr. Fitzpatrick, to amend the resolution by inserting, after “ex-senators,” “senators elect,”

It was determined in the affirmative.

On motion by Mr. Fessenden, to amend the resolution by striking out the following clause:

“The officer in charge of the Capitol extension, during the progress and until the completion of the work, shall be admitted to the floor of the Senate,”

It was determined in the affirmative.

On motion by Mr. Fessenden, to amend the resolution by striking out the words after ministers, “and their secretaries of legation,”

It was determined in the affirmative.

On motion by Mr. Pearce, to amend the resolution by inserting “ex-Vice Presidents,”

Mr. Kennedy moved to amend the same by prefixing the words “ex-Presidents” of the United States.

It was determined in the affirmative; and

0123 123

The amendment proposed by Mr. Pearce was then agreed to.

On motion by Mr. Pugh, to amend the resolution by inserting “governors of States,”

It was determined in the negative.

On motion by Mr. Kennedy, to amend the resolution by inserting “ex-members of the cabinet,”

It was determined in the negative.

On motion by Mr. Houston, to amend the resolution by inserting “ex-members of Congress not employed as claim agents,”It was determined in the negative.

On the question to agree to the resolution as amended, It was determined in the affirmative.

So it was

Resolved, That the following be substituted for the 48th rule of the Senate:

48. No person shall be admitted to the floor of the Senate, while in session, except as follows, viz: The officers of the Senate; members of the House of Representatives and their Clerk; the President of the United States and his private secretary; the heads of departments; foreign ministers; ex-Presidents and ex-Vice Presidents of the United States; ex-senators; senators elect; and judges of the Supreme Court.

On motion,

The Senate adjourned.

TUESDAY, January 11, 1859. Link to Annals.

Mr. Brown reported from the committee that they had examined and found duly enrolled the bill (S. 198) for the relief of Joseph Hardy and Alton Long.

The Vice President laid before the Senate a letter of the Secretary of the Treasury, communicating the report of Professor J. H. Alexander, appointed a commissioner under the joint resolution of February 26, 1857, to provide for ascertaining the relative value of the coinage of the United States and Great Britain, and fixing the relative value of the unitary coins of the two countries; which was read.

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

The Vice President laid before the Senate a report of the Secretary of the Treasury, communicating, in compliance with the 9th section of the act of June 12, 1858, reports of the Second and Third Auditors in regard to claims which arose during the war of 1812 with Great Britain; which was read.

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

The Vice President laid before the Senate a report of the Secretary of the Senate, showing the names and compensation of the persons employed in his office during the year 1858; which was read.

Ordered, That it lie on the table.

On motion by Mr. Mason, that the report be printed,

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

A message from the House of Representatives by Mr. Allen, its Clerk:

Mr. president: The House of Representatives has passed the resolution 0124 124 of the Senate (S. 67) for the appointment of two regents of the Smithsonian Institution.

The bills and joint resolution yesterday received from the House of Representatives for concurrence were read the first and second times, by unanimous consent.

Ordered, That the bill No. 441 and the resolution No. 21 be referred to the Committee on the Judiciary; that the bills numbered 77 and 443 be referred to the Committee on Claims; that the bills numbered 357 and 358 be referred to the Committee on Public Lands; that the bill No. 343 be referred to the Committee on Pensions; that the bill No. 386 be referred to the Committee on Commerce; and that the bill No. 445 be referred to the Committee on Post Offices and Post Roads.

Mr. Mason presented the petition of Edward Brinley, an officer in the navy, praying to be allowed the difference between the pay of a midshipman and that of a lieutenant, during the time he acted in the latter capacity; which was referred to the Committee on Naval Affairs.

Mr. Stuart presented the memorial of Captain Zadock Pangburn, praying an appropriation for the purpose of testing certain improvements in vessels and life-boats; which was referred to the Committee on Commerce.

Agreeably to notice, Mr. Stuart asked and obtained leave to bring in a bill (S. 499) for the relief of certain half-breed Indians in Kansas Territory; which was read the first and second times, by unanimous consent, and referred to the Committee on Indian Affairs.

Mr. Doolittle presented a petition of citizens of New York, praying that the public lands may be laid out in farms for the free and exclusive use of actual settlers.

Ordered, That it lie on the table.

Mr. Doolittle presented a memorial of the board of trade of the city of Racine and a petition of citizens of Racine, Wisconsin, praying the construction of a pier-head on the north pier in the harbor at that place and the erection of a light-house thereon; which were referred to the Committee on Commerce.

Mr. Doolittle presented a memorial of the mayor and city council of Racine, Wisconsin, praying the construction of a pier-head on the north pier in the harbor at that place, and the erection of a lighthouse thereon; which was referred to the Committee on Commerce.

On motion by Mr. Hale,

Ordered, That the report of the Postmaster General in relation to charges against the official conduct of the postmaster at San Francisco be referred to the Committee on Post Offices and Post Roads.

Mr. Green presented the petition of Joel and Thomas R. Hedgpeth, praying indemnity for losses occasioned by Indian depredations; which was referred to the Committee on Indian Affairs.

Mr. Johnson, of Tennessee, presented the petition of Joel M. Smith, praying a per centage on his disbursements as pension agent at Nashville, Tennessee; which was referred to the Committee on Pensions.

Mr. Brown presented the petition of Henry B. Livingston, an officer in the revolutionary war, praying half-pay and arrears of pay for 0125 125 his services, under the resolves of October 21, 1780, and March 8, 1785; which was referred to the Committee on Revolutionary Claims.

Mr. Johnson, of Tennessee, presented a petition of citizens of Patterson, New Jersey, praying that the public lands may be laid out in farms for the free and exclusive use of actual settlers.

Ordered, That it lie on the table.

Mr. Yulee presented the petition of John Gordon, chief messenger in the Past Office Department, praying compensation for extra services; which was referred to the Committee on Post Offices and Post Roads.

Mr. Rice presented the petition of Hiram J. Graham, praying the establishment of certain mail routes in Iowa, Kansas, and Nebraska; which was referred to the Committee on Post Offices and Post Roads.

Mr. Seward, from the Committee on Foreign Relations, to whom was referred the memorial of H. Rives Pollard, reported adversely thereon.

Mr. Seward, from the Committee on Foreign Relations, to whom was referred a communication from C. J. Fox, reported adversely thereon.

Mr. Mason, from the Committee on Foreign Relations, to whom was referred the joint resolution (S 56) authorizing the Secretary of State to pay the salaries of the ministers resident to the Argentine Confederation, Costa Rica, and Honduras, reported it without amendment, and submitted a communication from the Secretary of State on the subject, which was ordered to be printed.

Mr. Mason, from the Committee on Foreign Relations, to whom the subject was referred, reported a bill (S. 500) authorizing the President of the United States to use the public force of the United States in the cases therein provided; which was read and passed to a second reading.

Mr. Shields, from the Committee on Revolutionary Claims, to whom was referred the bill (H. R. 324) to allow the legal representatives of Samuel Jones five years' full pay in lieu of half-pay for life, reported it without amendment, and submitted a report, (No. 339;) which was ordered to be printed.

Mr. Shields, from the Committee on Revolutionary Claims, to whom was referred the memorial of Henry C. Flagg, submitted an adverse report thereon

Mr. Shields asked and, by unanimous consent, obtained leave to bring in a bill (S. 501) to establish the Lake Superior and Pacific overland mail route; which was read the first and second times, by unanimous consent, and referred to the Committee on Post Offices and Post Roads.

On motion by Mr. Polk,

Ordered, That the Committee on Claims be discharged from the further consideration of the petition of Gillum Baley and William R. Baley, and that it be referred to the Committee on indian Affairs.

Mr. Clay, from the Committee on Pensions, to whom was referred the petition of Joshua Mercer, reported a bill (S. 502) restoring Joshua Mercer to the roll of invalid pensioners; which was read and passed to a second reading.

Mr. Jones reported from the committee that they had examined and 0126 126 found duly enrolled the bill (H. R. 663) making appropriations for the support of the Military Academy for the year ending the 30th of June, 1860.

A message from the House of Representatives by Mr. Allen, its Clerk.

Mr. President: The House of Representatives has passed a bill (H. R. 664) making appropriations for the current and contingent expenses of the Indian Department, and for fulfilling treaty stipulations with various Indian tribes for the year ending June 30, 1860, in which it requests the concurrence of the Senate.

The Speaker of the House of Representatives having signed two enrolled bills (S. 198 and H. R. 663) I am directed to bring them to the Senate for the signature of its President.

The Vice President signed the two enrolled bills (S. 198 and H. R. 663) last reported to have been examined, and they were delivered to the committee to be presented to the President of the United States.

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

Resolved, That the Committee on Public Buildings and Grounds be instructed to inquire into the propriety of extending to the centre building of the Capitol the system of heating now applied to the wings.

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

Resolved, That the President be requested, as far as consistent with the public interest, to communicate to the Senate the correspondence, instructions, and other information in relation to outrages committed on citizens of the United States on the Isthmus of Panama, State of New Granada.

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

Resolved, That the Committee on Public Buildings and Grounds be instructed to inquire and report as to the provisions necessary to be made for furnishing the north wing of the Capitol.

The Senate proceeded to consider the resolutions reported by the Committee on the Library, in relation to the admission and accommodation of reporters in the gallery of the Senate; and

The resolutions were agreed to.

The bill (H. R. 664) last received from the House of Representatives for concurrence was read the first and second times, by unanimous consent, and referred to the Committee on Finance.

On motion by Mr. Bell,

Ordered, That the Committee on Commerce be discharged from the further consideration of the bill (H. R. 386) for the relief of Shade Calloway, and that it be referred to the Committee on Claims.

The Senate resumed the consideration of the bill (S. 65) to authorize the President of the United States to contract for the transportation of the mails, troops, seamen, munitions of war, army and navy supsupplies, and all other government service, by railroad, from the Missouri river to San Francisco, in the State of California; and

After debate,

The Senate adjourned.

WEDNESDAY, January 12, 1859. Link to Annals.

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

To the Senate of the United States:

In reply to the resolution of the Senate, passed on the 16th ultimo, requesting me “to communicate, if, in my opinion, not incompatible with the public interest, any information in ray possession in relation to the landing of the barque Wanderer on the coast of Georgia with a cargo of slaves,” I herewith communicate the report made to me by the Attorney General, to whom the resolution was referred. From that report it will appear that the offence referred to in the resolution has been committed, and that effective measures have been taken to see the laws faithfully executed. I concur with the Attorney General in the opinion that it would be incompatible with the public interest, at this time, to communicate the correspondence with the officers of the government at Savannah, or the instructions which they have received. In the mean time every practicable effort has been made, and will be continued, to discover all the guilty parties and to bring them to justice.

JAMES BUCHANAN.

Washington, January 11, 1859.

The message was read.

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

Mr. Pearce presented two petitions of citizens of Washington, praying that the Metropolitan Railroad Company may be allowed to lay a railroad track from Georgetown through Pennsylvania avenue to the Baltimore and Washington railroad depot; which were referred to the Committee on the District of Columbia.

Mr. Trumbull presented a petition of inhabitants of Moline and Rock Island, in Illinois, praying the passage of a law for the sale of the island of Rock Island, in that State; which was referred to the Committee on Military Affairs and the Militia.

Mr. Bigler presented a petition of citizens of Montgomery county and its vicinity, Pennsylvania, praying the establishment of a mail route; which was referred to the Committee on Post Offices and Post Roads.

Mr. Rice presented a petition of citizens of Minnesota, praying the establishment of a mail route from St. Paul to the navigable waters of the Columbia river and to Paget's Sound; which was referred to the Committee on Post Offices and Post Roads.

Agreeably to notice, Mr. Rice asked and obtained leave to bring in a bill (S. 503) authorizing the President, with the consent of any Indian tribe, to expend their money annuities for educational, agricultural, and other objects that will best contribute to their prosperity and advancement; which was read the first and second times, by unanimous consent, and referred to the Committee on Indian Affairs.

0128 128

Mr. King presented three petitions of inhabitants of New York, praying the construction of a breakwater at the port of Cape Vincent; which were referred to the Committee on Commerce.

Mr. Fitzpatrick presented the petition of Eulogio de Cells, praying remuneration for money loaned and supplies furnished to Colonel Frémont, as governor of California; which was referred to the Committee on Military Affairs and the Militia.

Mr. Hammond presented the petition of H. J. Hartstene, a commander in the navy, praying that certain expenses incurred on account of the barque “Resolute” may be allowed in the settlement of his accounts; which was referred to the Committee on Naval Affairs.

Mr. Cameron presented a petition of miners and others, of Schuylkill county, Pennsylvania, praying an increase of the duties on coal and iron; which was referred to the Committee on Finance.

Mr. Pugh presented a petition of citizens of Ohio who were soldiers in the war of 1812, praying that the bill now before Congress granting pensions to the soldiers of that war may become a law; which was referred to the Committee on Pensions

Mr. Kennedy presented the memorial of Adelaide Adams, widow of George Adams, late a commander in the navy, praying to be allowed a pension; which was referred to the Committee on Pensions.

On motion by Mr. Pugh,

Ordered, That the petition of William Sawyer and others, citizens of Auglaise county, Ohio, be recommitted to the Committee on Private Land Claims.

Mr. Hammond, from the Committee on Naval Affairs, to whom were referred the petition of William R. Babcock, guardian of Samuel Pearce; the memorial of Horace B. Sawyer; the memorial of E. Carrington Bowers; the memorial of Charles H. Jackson; the memorial of Samuel Lockwood; a communication from H. B. Sawyer and Charles T. Platt; and the bill (S. 473) to allow back pay to certain naval officers; reported the bill without amendment.

Mr. Mason, from the Committee on Foreign Relations, to whom was referred a message from the President of the United States relative to the treaty with Siam of May 29, 1856, reported a bill (S. 504) to carry into effect the provisions of the second article of the treaty between the United States of America and the kingdom of Siam, concluded on the 29th of May, 1856; which was read and passed to a second reading.

Mr. Brown, from the Committee on the District of Columbia, to whom was referred a memorial of the Provident Association of Clerks, reported a bill (S. 505) to amend the “Act to incorporate the Provident Association of Clerks in the Civil Departments of the Government of the United States in the District of Columbia;” which was read and passed to a second reading.

Mr. Brown, from the Committee on the District of Columbia, to whom were referred a memorial of the Metropolitan Railroad Company; the memorial of the corporation of Georgetown; and a memorial of residents of Georgetown, relative to an extension of the Metropolitan railroad along Pennsylvania avenue, in Washington; also a memorial of Thomas Motley, and a memorial of Taylor & Maury and others, citizens of Washington, D. C., reported adversely thereon.

0129 129

Mr. Hunter, from the Committee on Finance, to whom was referred the bill (H. R. 662) making appropriations for the payment of invalid and other pensions of the United States for the year ending the 30th of June, 1860, reported it with amendments.

The Senate proceeded to consider the amendment of the House of Representatives to the bill of the Senate (S. 68) for the relief of Elias Hall, of Rutland, Vermont; and,

On motion by Mr. Foot,

Resolved, That the Senate concur therein.

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

The bill (S. 452) for the relief of John R. Nourse and others 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 bill was read the third time, by unanimous consent.

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

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

The bill (S. 237) for the relief of Arnold Harris and Samuel L. Butterworth was read the second time, and considered as in Committee of the Whole; and,

On motion by Mr. Hale,

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

Mr. Hale, from the Committee on Naval Affairs, who were instructed by a resolution of the Senate to inquire into the subject, reported a joint resolution (S. 69) conferring the rank of senior flag-officer on the active service list of the United States navy on Captain Charles Stewart; which was read and passed to a second reading.

Mr. Mallory, from the Committee on Naval Affairs, to whom was referred the petition of E. B. Boutwell, submitted an adverse report, (No. 340;) which was ordered to be printed.

The Senate proceeded to consider as in Committee of the Whole the bill (S. 469) to equalize the compensation of the ministers of the United States to France and England, during the period therein mentioned, 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 the third time.

On the question, Shall the bill pass?

It was determined in the negative,

Yeas 9

Nays 38

On motion by Mr. Johnson, of Tennessee,

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

Those who voted in the affirmative are,

Messrs. Bright, Crittenden, Iverson, Jones, Kennedy, Mason, Seward, Stuart, Wright.

Those who voted in the negative are,

Messrs. Bates, Bell, Broderick, Brown, Cameron, Chandler, Clark, Clay, Clingman, Collamer, Davis, Dixon, Doolittle, Douglas, Fessenden, Fitch, Fitzpatrick, Foot, Foster, Green, Gwin, Hale, Hamlin, 9 0130 130 Harlan, Houston, Johnson, of Tennessee, King, Pearce, Pugh, Reid, Rice, Sebastian, Simmons, Toombs, Trumbull, Wade, Ward, Yulee.

So the bill was rejected.

Mr Jones reported, from the committee that they this day presented to the President of the United States the following enrolled bills:

S. 198. An act for the relief of Joseph Hardy and Alton Long;

H. R. 663. An act making appropriations for the support of the Military Academy for the year ending the 30th of June, 1860.

Mr. Pugh presented a petition of Thomas Ewing, jr., and others, residents of Kansas, praying that land may be granted to that Territory to aid in the construction of certain railroads; which was referred to the Committee on Public Lands.

Mr. Fitch, from the Committee on Printing, to whom was referred the motion to print the report of the Secretary of the Navy in relation to the capture of William Walker and his command, communicated the 23d of December, reported in favor of printing the same.

Mr. Fitch, from the Committee on Printing, to whom was referred the motion to print the report of the Secretary of the Senate showing the names of the persons employed in his office during the year 1858, and the amount paid to each, reported against printing the same.

Mr. Fitch, from the Committee on Printing, to whom was referred the motion to print the report of the Secretary of War in relation to the appropriation of land in the harbor of New York for the use of the revenue department, reported in favor of printing the same.

Mr. Fitch, from the Committee on Printing, to whom was referred a resolution to print 50,000 copies of the addresses, &c., delivered in the late Senate chamber on the occasion of the removal of the members of the Senate to the new hall, reported adversely thereon.

Mr. Fitch, from the Committee on Printing, to whom was referred a motion to print the message of the President of the United States communicating a letter from the United States minister in China, with the decree and regulation that accompanied it, reported in favor of printing the same.

The Senate resumed the consideration of the bill (S. 65) to authorize the President of the United States to contract for the transportation of the mails, troops, seamen, munitions of war, army and navy supplies, and all other government service, by railroad, from the Missouri river to San Francisco, in the State of California.

On motion by Mr. Iverson,

That the bill be committed to a select committee of nine member% with instructions to prepare and report a bill providing for the construction of a northern and southern Pacific railroad, and that the special committee having charge of this subject at the last session be revived and be charged with the whole subject.

A motion was made by Mr. Doolittle to amend the motion of Mr. Iverson, after “ northern, ” by inserting “ a central; ” and

It was determined in the affirmative,

Yeas 35

Nays 14

On motion by Mr. Doolittle,

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

0131 131

Those who voted in the affirmative are,

Messrs. Bigler, Bright, Broderick, Cameron, Chandler, Clark, Collamer, Crittenden, Dixon, Doolittle, Douglas, Durkee, Fessenden, Fitch, Foot, Foster, Green, Gwin, Hale, Hamlin, Harlan, Jones, Kennedy, Polk, Pugh, Rice, Sebastian, Seward, Simmons, Stuart, Toombs, Trumbull, Wade, Wilson, Wright.

Those who voted in the negative are,

Messrs. Bell, Brown, Chesnut, Clay, Clingman, Fitzpatrick, Hammond, Houston, Iverson, Johnson, of Tennessee, Mason, Pearce, Reid, Ward.

So the proposed amendment was agreed to.

A division of the motion having been called for by Mr. Pugh,

On the question to agree to the first division, as follows: “That the bill be committed to a select committee of nine members, and that the special committee having charge of this subject at the last session be revived and be charged with the whole subject,”

It was determined in the negative,

Yeas 25

Nays 32

On motion by Mr. Green,

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

Those who voted in the affirmative are,

Messrs. Bayard, Benjamin, Brown, Chesnut, Clay, Clingman, Crittenden, Fitzpatrick, Hamlin, Hammond, Houston, Hunter, Iverson, Johnson, of Tennessee, Mallory, Mason, Pearce, Pugh, Reid, Rice, Slidell, Stuart, Toombs, Ward, Yulee

Those who voted in the negative are,

Messrs. Bates, Bell, Bigler, Broderick, Cameron, Chandler, Clark, Collamer, Davis, Dixon, Doolittle, Douglas, Durkee, Fessenden, Fitch, Foot, Foster, Green, Gwin, Hale, Harlan, Jones, Kennedy, King, Polk, Sebastian, Seward, Shields, Simmons, Trumbull, Wade, Wilson.

So the motion to commit the bill to a select committee was not agreed to.

After further debate,

On motion by Mr. Polk,

The Senate adjourned.

THURSDAY, January 13, 1859. Link to Annals.

The Vice President presented the memorial of the Rev. John Sellwood, praying remuneration for losses, injuries, and expenses, occasioned by the attack on American citizens at Panama, on the 15th of April, 1856; which was referred to the Committee on Foreign Relations.

Mr. Thompson, of Kentucky, presented the memorial of Eliza G. Townsend, widow of Major David S. Townsend, of the army, praying a pension; which was referred to the Committee on Pensions.

Mr. Thompson, of Kentucky, presented the petition of W. Y. Gill, praying an examination of an invention made and patented by him, to protect tiller ropes of steamboats and other vessels from fire; which was referred to the Committee on Commerce.

0132 132

Mr. Thompson, of Kentucky, presented a petition of John Barbee, and others, and a petition of D. R. Burbank, praying an examination of an invention made and patented by. W. Y. Gill, to protect tiller ropes of steamboats and other vessels from fire, and that steamboats may be required by law to use the same; which were referred to the Committee on Commerce.

Mr. Seward presented a petition of Moses Taylor & Co., and Mora Brothers, Navarro & Co., owners of property destroyed by fire in Baxter's bonded warehouses at New York, praying to be allowed the benefit of the act of 28th March, 1854; which was referred to the Committee on Finance.

Mr. King presented the petition of Benjamin Willard, praying remuneration for losses occasioned by the declaration of war in 1812, and compensation for his services as a commissary during that war; which was referred to the Committee on Claims.

Mr. Shields presented the memorial of B. B. Meeker, praying the establishment of an overland mail route from Lake Superior to Puget's Sound, with a branch to the Pacific in Oregon; which was referred to the Committee on Post Offices and Post roads.

Mr. Shields presented the memorial of Jeffrey T. Adams, late clerk of the United States court for the territory of Minnesota, praying to be allowed the compensation contemplated by the act of 26th February, 1853; which was referred to the Committee on Claims.

Mr. Foot presented the petition of Joseph Needham, praying to be allowed bounty land and pay for services in the war of 1812; which was referred to the Committee on Public Lands.

Mr. Bigler presented a petition of citizens of Philadelphia, praying an enlargement of the navy yard at that place; which was referred to the Committee on Naval Affairs.

Mr. Simmons presented a memorial of a committee of the Warren Baptist Association of the State of Rhode Island, in relation to the appointment of chaplains in the navy, and the regulations of the Navy Department upon the performance of religious service in the navy; which was referred to the Committee on Naval Affairs.

On motion by Mr. Simmons that the memorial be printed.

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

Mr. Cameron presented resolutions adopted at a meeting of the soldiers of the war of 1812, held at Pittsburg, Pennsylvania, January 8, 1859, in relation to the enactment of a law granting pensions to the soldiers of that war; which were referred to the Committee on Pensions.

Mr. Clay presented a letter from the Secretary of State to the chairman of the Committee on Commerce, communicating a copy of a letter from the minister resident of Bremen, inviting the attention of the government to a proposition of J. H. Eits, a citizen of Bremenhaven, for testing his invention for preventing the destruction of vessels by fire; which was referred to the Committee on Commerce.

Mr. Stuart, from the Committee on Public Lands, to whom were referred the memorial of E. Y. Swift, and others; the memorial of William Rees, and a petition of citizens of New York, relative to the public lands, presented January 7, reported adversely thereon.

0133 133

Mr. Stuart, from the Committee on Public Lands, to whom were referred two petitions of citizens of Iowa, asking the establishment of a new land district in Iowa, reported that the Committee be discharged from the further consideration of the petitions.

On motion by Mr. Stuart,

Ordered, That the accompanying letters of the Commissioner of the General Land Office be printed.

Mr. Stuart, from the Committee on Public Lands, to Whom were referred three petitions of citizens of the Fayetteville land district in Arkansas, reported that the Committee be discharged from the further consideration of the petitions; and the report was agreed to.

Mr. Stuart, from the Committee on Public Lands, to whom was referred the bill (S. 491) to authorize the issuance of patents for lands entered under the graduation act, reported it without amendment, and that it ought not to pass.

Mr. Stuart, from the Committee on Public Lands, to whom were referred the following bills:

H. R. 357. An act for the relief of Abel M. Butler;

H. R. 358. An act for the relief of Hannah Littel, and for other purposes, reported them without amendment and that they ought not to pass.

Mr. Shields, from the Committee on Revolutionary Claims, to whom was referred the memorial of the heirs of General Stephen Moylan, submitted a report, (No. 341,) accompanied by a bill (S. 506) for the relief of General Stephen Moylan's heirs.

The bill was read and passed to a second reading.

Ordered, That the report be printed.

Mr. Shields, from the Committee on Revolutionary Claims, to whom was referred the petition of William E. Haskell for himself and the other heirs of William Thompson, deceased, submitted a report, (No. 342,) accompanied by a bill (S. 507) for the relief of the surviving grandchildren of Colonel William Thompson, of the revolutionary army of South Carolina.

The bill was read and passed to a second reading.

Ordered, That the report be printed.

Mr. Fitzpatrick from the Committee on Military Affairs and the Militia, to whom was referred the petition of Theodore Lewis, submitted an adverse report, (No. 343;) which was ordered to be printed.

Mr. Kennedy asked and, by unanimous consent, obtained leave to bring in a bill (S. 508) to establish a national line of mail steamships between certain ports of the United States and Great Britain; which was read the first and second times, by unanimous consent, referred to the Committee on Post Offices and Post Roads, and ordered to be printed.

Mr. Clay, from the Committee on Commerce, to whom were referred resolutions of the Chamber of Commerce of Apalachicola, Florida, relative the harbor at that place, reported adversely thereon.

Mr. Clay, from the Committee on Commerce, to whom were referred memorials of the legislature of Minnesota, relative to the improvement of the St. Croix river, the Beef Slough Bar and the Mississippi, at Sank Rapids, reported adversely thereon.

0134 134

Mr. Clay, from the Committee on Commerce, to whom were referred, on the 21st December, three petitions of inhabitants of Oneida and Jefferson counties, New York, and on the 12th of January, three petitions of citizens of New York, relative to a breakwater at Cape Vincent, reported adversely thereon.

Mr. Clay, from the Committee on Commerce, to whom was referred the petition of Richard Chenery, assignee of H. B. Russ, reported a bill (S. 509) for the relief of Richard Chenery; which was read and passed to a second reading.

Mr. Hamlin, from the Committee on Commerce, to whom was referred the bill (H. R. 576) for the relief of Captain Douglas Ottinger, reported it without amendment.

Agreeably to notice, Mr. Seward asked and obtained leave to bring in a bill (S. 510) in addition to the acts which prohibit the slave trade, which was read the first and second times, by unanimous consent, referred to the Committee on the Judiciary and ordered to be printed.

Mr. Stuart presented additional papers in support of the claim of Richard L. Gorton to a pension, which, with his papers on the flies of the Senate, were referred to the Committee on Pensions.

The Senate proceeded to consider the resolution submitted by Mr. Simmons the 22d of December, relative to the imposition of specific instead of ad valorem duties to meet the expenses of the government; and,

On motion by Mr. Pugh to refer the resolution to the Committee on Finance,

On motion by Mr. Bigler,

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

Mr. Brown reported from the committee that they had examined and found duly enrolled the following bill and joint resolution:

S. 68. An act for the relief of Elias Hall, of Rutland, Vermont;

S. 67. Joint resolution for the appointment of two regents of the Smithsonian Institution.

The Senate proceeded to consider, as in Committee of the Whole, the bill (S. 494) to secure title to the settlers upon the Kansas halfbreed tract, and for other purposes; and,

On motion by Mr. Shields,

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

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

Mr. President: The President of the United States approved and signed, the 12th instant, an act (S. 198) for the relief of Joseph Hardy and Alton Long.

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

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

Resolved, That the Committee on Post Offices and Post Roads be instructed to inquire into the propriety of establishing a mail route from Westville, in Simpson county, to Jackson, in Hinds county, 0135 135 Mississippi; also a route from Mount Zion, in Simpson county, by Rockport to Hazlehurst, in Copiah county, Mississippi.

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

Resolved, That the Committee on Territories be instructed to inquire into the expediency of equalizing the salaries of the governors of New Mexico and Oregon.

Mr. Jones submitted the following resolution; which was considered, by unanimous consent, and referred to the Committee on Naval Affairs.

Resolved, That the Secretary of the Navy be directed to furnish the Senate with a copy of the record of the court-martial that tried Commander Boutwell in this city in June, 1858; also a copy of his letter of explanation, dated March 2, 1857, addressed to the Hon. J. C. Dobbin, the then Secretary of the Navy.

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

Resolved, That the Committee on Post Offices and Post Roads be requested to inquire into the expediency of establishing a mail route and tri-weekly mail from Chatfield, in Fillmore county, to Winnebago City, in Farribault county, via High Forest, Brownsville, Lansing, Sumner, and Bancroft; also a mail route and weekly mail from Owatonna Verner, in Blue Earth county, via Meriden and Wilton; also a mail route and weekly mail from Hastings, in Dacotah county, to St. Peter's in Nicollet county, via Lakeville, Wheatland, and Lexington, all in the State of Minnesota.

A message from the House of Representatives by Mr. Allen, its Clerk.

Mr. President: The House of Representatives has passed the bill of the Senate (S. 32) to repeal an act entitled “An act authorizing the Secretary of the Treasury to change the names of vessels in certain cases,” approved the 5th of March, 1856; and

It has passed the bill of the Senate (S. 54) to revive and extend an act entitled “An act for the relief of the legal representatives of John Donnelson, Stephen Heard, and others,” approved May 24, 1824, and the several acts extending, continuing, and reviving the same, with an amendment, in which it requests the concurrence of the Senate.

The Speaker of the House of Representatives having signed an enrolled bill, (S. 68,) and an enrolled joint resolution, (S. 67,) I am directed to bring them to the Senate for the signature of its President.

Mr. Polk asked and, by unanimous consent, obtained leave to bring in a bill (S. 511) for the repayment of lead rents improperly paid to the government; which was read the first and second times, by unanimous consent, and referred to the Committee on Claims.

The Vice President signed the enrolled bill (S. 68) and the enrolled joint resolution (S. 67) last reported to have been examined, and they were delivered to the committee to be presented to the President of the United States.

The Senate proceeded to consider, as in Committee of the Whole, the joint resolution (S. 56) authorizing the President of the United 0136 136 States to pay the salaries of the ministers resident to the Argentine Confederation, Costa Rica, and Honduras; 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.

On the question, Shall it pass?

It was determined in the affirmative,

Yeas 43

Nays 6

On motion by Mr. Stuart,

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

Those who voted in the affirmative are,

Messrs. Allen, Bates, Bayard, Bell, Benjamin, Bigler, Bright, Broderick, Brown, Chesnut, Clay, Clingman, Collamer, Davis, Dixon, Durkee, Fessenden, Fitch, Fitzpatrick, Foot, Foster, Green, Gwin, Hale, Hammond, Houston, Iverson, Johnson of Arkansas, Jones, Kennedy, Mason, Polk, Pugh, Reid, Rice, Seward, Simmons, Slidell, Stuart, Wade, Ward, Wilson, Wright.

Those who voted in the negative are,

Messrs. Cameron, Chandler, Clark, Harlan, Toombs, Trumbull.

So it was

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 resumed the consideration of the bill (S. 65) to authorize the President of the United States to contract for the transportation of the mails, troops, seamen, munitions of war, army and navy supplies, and all other government service, by railroad, from the Missouri river to San Francisco, in the State of California;

And after debate,

On motion by Mr. Mason,

That the Senate proceed to the consideration of executive business;

It was determined in the affirmative.

After the consideration of executive business,

The Senate adjourned.

FRIDAY, January 14, 1859. Link to Annals.

The Vice President laid before the Senate a report of the Postmaster General, made in compliance with a resolution of the Senate, directing him to report such changes in the laws regulating postages and the Post Office Department as, in his opinion, would make that a self-sustaining department; which was read.

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

On motion by Mr. Yulee that the report be printed,

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

Mr. Hale moved that when the Senate adjourn it be to Monday next; and,

The Vice President decided that the motion was not now in order.

0137 137

Mr. Clark presented the petition of T. B. Templeton, praying compensation for services in reporting at the trial of Dr. George A. Gardiner, who was indicted and prosecuted for frauds upon the treasury; which was referred to the Committee on Claims.

Mr. Bigler presented the memorial of J. J. Lints, praying compensation for his services as custodian of the public property connected with the improvement of the harbor at Erie, Pennsylvania; which was referred to the Committee on Claims.

Mr. Iverson presented the petition of James and Theodore Walters, praying that certain lots in the city of Washington may be conveyed to them; which was referred to the Committee on Public Buildings and Grounds.

Mr. Mason presented the petition of E. George Squier, praying to be allowed the balance of salary and outfits due him as chargé d'affaires to the republics of Central America; which was referred to the Committee on Foreign Relations.

Mr. Fitzpatrick presented the petition of Tilman Leak, praying that certain money paid by him for land which had been previously sold and patented by the United States to another person may be refunded with interest; which was referred to the Committee on Indian Affairs.

Mr. Fitzpatrick asked and, by unanimous consent, obtained leave to bring in a bill (S. 512) to establish a line of mail steamers from New Orleans or Mobile to sundry ports therein mentioned on the Gulf of Mexico; which was read the first and second times, by unanimous consent, and referred to the Committee on Post Offices and Post Roads.

Mr. Doolittle presented the petition of Cerinia S. Reynolds, widow of Thomas Reynolds, a soldier in the war of 1812, praying remuneration for losses and sufferings during the war; which was referred to the Committee on Claims.

Mr. Harlan presented two petitions of citizens of Iowa, praying the establishment of a new land district in that State.

Ordered, That they lie on the table.

Mr. Cameron presented a petition of citizens of Northumberland county, Pennsylvania, praying the enactment of a law granting pensions to the officers and soldiers of the war of 1812; which was referred to the Committee on Pensions.

On motion by Mr. Cameron,

Ordered, That the memorial of C. L. West, and others, on the files of the Senate, be referred to the Committee on Claims.

Mr. Davis presented resolutions adopted at a meeting of the Merchants' Exchange Association of the city of Washington, in favor of a charter of incorporation for a company to construct a railroad from the Navy Yard, along Pennsylvania avenue, to Georgetown; which were referred to the Committee on the District of Columbia

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

Resolved, That the Committee on Indian Affairs be instructed to inquire into the expediency of making an appropriation to carry into effect the twenty-fourth section of the civil and diplomatic act of March 3, 1855, by paying the claims on file, ordered to be assessed by Messrs. 0138 138 Upton and Summers, and Washington and Mason, Commissioners under the Cherokee treaty of 1855.

Mr. Shields submitted the following resolution for consideration:

Whereas the Sioux Indians in the State of Minnesota have a larger tract of country as a reservation than is necessary for their use; and whereas the Winnebago Indians in the counties of Blue Earth and Waseca, in the same State, occupy “a territory now entirely surrounded by white settlements, and which reservation is near the centre of the most densely populated districts of the State:” Therefore—

Resolved, That the Secretary of the Interior be respectfully requested to inform the Senate whether it is competent or expedient to take any steps at the present time to remove the Winnebagoes from their present position, and locate them upon a portion of the Sioux reservation or elsewhere; and secure to each head of a family of both nations a tract of land sufficient for a farm, and if so, whether any and what legislation is necessary to enable him to effect that purpose.

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

Resolved, That the Secretary of the Navy be requested to furnish the Senate copies of all contracts and advertisements for contracts made for live oak timber since March 4, 1857; to state by what authority they were made; to furnish schedules of all proposals made under the advertisement of May 2, 1857, and June 14, 1858; to give the names of the lowest bidders to whom contracts were awarded; to state whether any contracts were abrogated, when, and for what reason; to state if any contracts were made for live oak timber in the month of September, 1858, and if so, with whom and by what authority; to state whether the present contractor or contractors, if any such exist, have complied with the terms of his or their contract, in making deliveries of timber in the time specified; to state what quantity of live oak, if any, and the description thereof, were lying in the Norfolk, Philadelphia, New York, Charlestown, and Kittery yards, at the date of the advertisement for proposals of June 14, 1858, and to whom the same belonged; and if such timber was so lying in said yards, whether it was the property of private individuals, and if so, for what purpose it was there, and by what authority; to state whether the whole or any portion of said timber, if such existed, was furnished according to contracts made under proposals issued May 2, 1857; whether the whole or any portion of the same was rejected, and if rejected, whether it, or any portion of it, was received under any subsequent contract; to state whether the time allowed for delivering the timber in the advertisement for bids of June 14, 1858, was the usual and customary time.

Mr. Dixon, from the Committee to Audit and Control the Contingent Expenses of the Senate, to whom was referred a resolution to make an allowance to the widow of James F. Morton, reported it without amendment.

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 pass to a third reading.

0139 139

The resolution was read the third time.

On the question, Shall it pass?

It was determined in the affirmative,

Yeas 33

Nays 17

On motion by Mr. Hunter,

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

Those who voted in the affirmative are,

Messrs. Allen, Bates, Bell, Bigler, Bright, Broderick, Cameron, Chesnut, Clark, Clingman, Collamer, Crittenden, Dixon, Doolittle, Douglas, Durkee, Fessenden, Fitch, Foot, Foster, Hale, Hammond, Harlan, Kennedy, Mason, Reid, Sebastian, Seward, Shields, Simmons, Stuart, Wade, Wilson.

Those who voted in the negative are,

Messrs. Brown, Chandler, Clay, Davis, Fitzpatrick, Green, Hunter, Iverson, Johnson, of Tennessee, King, Polk, Pugh, Rice, Slidell, Trumbull, Ward, Yulee.

Mr. Hammond, from the Committee on Naval Affairs, to whom was referred the petition of H. J. Hartstene, reported a joint resolution (S. 70) for the relief of Commander H. J. Hartstene, of the United States navy; which was read the first and second times, by unanimous consent, and considered as in Committee of the Whole; and, no amendment being made, it was reported to the Senate.

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

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

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

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

Mr. Davis, from the Committee on Military Affairs and the Militia, to whom was referred the bill (S. 215) for the relief of the executor of Brevet Brigadier General James Bankhead, late of the United States army, reported it without amendment, and submitted an adverse report, (No. 344;) which was ordered to be printed.

Mr. Sebastian, from the Committee on Indian Affairs, to whom was referred the joint resolution (S 63) authorizing the settlement of the accounts of Redick McKee, reported it without amendment.

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.

The said resolution was read the third time.

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

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

Mr. Doolittle reported from the committee that they had examined and found duly enrolled the bill (S. 32) to repeal an act entitled “An act authorizing the Secretary of the Treasury to change the names of vessels in certain cases,” approved March 5, 1856.

A message from the House of Representatives by Mr. Allen, its Clerk:

Mr. President: The House of Representatives has passed a bill, (H. R. 783,) to authorize the registering of the schooner Enterprise, 0140 140 of Wilson, New York, and a joint resolution (H. R. 39) to authorize the Secretary of the Treasury to sell a certain plat of land in the city of Petersburg, Virginia, belonging to the United States, in which bill and resolution it requests the concurrence of the Senate.

The Speaker of the House of Representatives having signed an enrolled bill, (S. 32,) I am directed to bring it to the Senate for the signature of its President.

Mr. Iverson, from the Committee on Claims, to whom were referred the memorial of John Beeson and the petition of Joseph Brobst, reported that the committee be discharged from the further consideration of the same.

The Senate proceeded to consider the report of the Committee on Printing against printing the report of the Secretary of the Senate, showing the names of persons employed in his office; and

The report was agreed to.

The Senate proceeded to consider the report of the Committee on Printing against printing fifty thousand copies of the addresses on the occasion of the removal of the Senate from its old chamber; and

The report was agreed to.

The Senate proceeded to consider the report of the Committee on Printing in favor of printing the report of the Secretary of the Navy, communicated the 23d December, with correspondence relative to the capture of William Walker by Commodore Paulding; and

The report was agreed to.

The Senate proceeded to consider the report of the Committee on Printing in favor of printing the message of the President relative to a decree and regulation respecting United States consular courts in China; and

The report was agreed to.

The Senate proceeded to consider the report of the Committee on Printing in favor of printing the report of the Secretary of War in relation to the application of certain land in the harbor of New York, belonging to the United States, to the use of the revenue department; and

The report was agreed to.

The Vice President presented a petition of members of the board of agriculture of the State of Indiana, praying that the bill now before Congress granting land for the establishment of agricultural colleges in the States may become a law.

Ordered, That it lie on the table.

The Senate resumed the consideration of the bill (S. 65) to authorize the President of the United States to contract for the transportation of the mails, troops, seamen, munitions of war, army and navy supplies, and all other government service, by railroad, from the Missouri river to San Francisco, in the State of California,

On motion by Mr. Iverson, that the further consideration thereof and all special orders be postponed until to-morrow, and that the Senate proceed to the consideration of private bills on the calendar,

It was determined in the negative,

Yeas 24

Nays 32

0141 141

On motion by Mr. Iverson,

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

Those who voted in the affirmative are,

Messrs. Bates, Benjamin, Brown, Cameron, Clark, Clay, Crittenden, Fessenden, Fitzpatrick, Green, Hamlin, Houston, Hunter, Iverson, Johnson, of Arkansas, Polk, Pugh, Reid, Sebastian, Shields, Slidell, Thompson, of Kentucky, Wade, Yulee.

Those who voted in the negative are,

Messrs. Allen, Bayard, Bell, Bigler, Bright, Broderick, Chandler, Chesnut, Clingman, Collamer, Dixon, Doolittle, Douglas, Foot, Foster, Gwin, Hale, Hammond, Harlan, Johnson, of Tennessee, Jones, King, Mallory, Mason, Rice, Seward, Simmons, Stuart, Toombs, Trumbull, Wilson, Wright.

The said bill (S. 65) being under consideration,

On motion by Mr. Wilson, to amend the bill, section 1, lines 9 and 10, by striking out the words, “the most eligible route, reference being had to feasibility, shortness, and economy,” and inserting in lieu thereof, the shortest practicable route between the parallels of latitude of 34° and 43°,

A motion was made by Mr. Harlan to amend the proposed insertion by striking out “34,” and inserting 37.

It was determined in the negative,

Yeas 19

Nays 35

On motion by Mr. Trumbull,

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

Those who voted in the affirmative are,

Messrs. Allen, Broderick, Cameron, Chandler, Clark, Collamer, Doolittle, Durkee, Fessenden, Foster, Hale, Hamlin, Harlan, Jones, King, Pugh, Simmons, Trumbull, Wade.

Those who voted in the negative are,

Messrs. Bates, Bayard, Bell, Benjamin, Bigler, Bright, Brown, Chesnut, Clay, Clingman, Crittenden, Douglas, Fitch, Fitzpatrick, Green, Gwin, Hammond, Hunter, Iverson, Johnson, of Arkansas, Johnson, of Tennessee, Mallory, Mason, Polk, Reid, Sebastian, Seward, Slidell, Stuart, Thompson, of Kentucky, Toombs, Ward, Wilson, Wright, Yulee.

The question recurring on agreeing to the amendment proposed by Mr. Wilson,

It was determined in the negative,

Yeas 23

Nays 31

On motion by Mr. Seward,

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

Those who voted in the affirmative are,

Messrs. Bates, Broderick, Cameron, Chandler, Clark, Dixon, Doolittle, Durkee, Fessenden, Foster, Green, Hale, Hamlin, Harlan, Johnson, of Tennessee, King, Polk, Pugh, Sebastian, Simmons, Trumbull, Wade, Wilson.

Those who voted in the negative are,

Messrs. Bell, Benjamin, Bigler, Bright, Brown, Chesnut, Clay, Clingman, Crittenden, Douglas, Fitch, Fitzpatrick, Foot, Gwin, 0142 142 Hammond, Houston, Hunter, Iverson, Johnson, of Arkansas, Kennedy, Mallory, Pearce, Reid, Rice, Seward, Slidell, Stuart, Thompson, of Kentucky, Toombs, Ward, Wright.

The following amendment being proposed by Mr. Bigler, viz: Strike out the 4th, 4th, 6th, 7th, and 8th sections, and insert the following in lieu thereof:

Sec. 4. And be it further enacted, That, in making said contract, it shall be stipulated that said road shall be divided into three grand divisions of equal length, to be known as the eastern, western, and middle, and said divisions shall be divided into sections of twenty-five miles each; and that, in consideration of the stipulations and undertakings in said contract, there shall be, and is hereby, appropriated and set apart a quantity of lands equal to the alternate sections of public lands, for the space of twenty miles on each side of said road, and for the full extent of the said eastern and western divisions, said lands to be selected from the sections to be designated in the public surveys by odd numbers, and to be held and conveyed as herein provided; and in all cases where the United States may have disposed of said lands, or any part thereof, or from any cause cannot convey a legal title thereto, the deficiency may be made up from any unoccupied and unappropriated public lands within the distance of forty miles on either side of said road: Provided, That all mineral lands within the State of California be, and the same are hereby, excluded from the operation of this act; and, in lieu thereof, a like quantity of unoccupied and unappropriated agricultural lands nearest to the line of the road, through said mineral lands, may be selected in alternate sections.

Sec. 5. And be it further enacted, That the party with whom the contract aforesaid may be made shall proceed without delay to locate the general route of said road, and furnish a detailed survey and map thereof to the President, who shall cause the public lands, to the extent of forty miles on each side of said road, through the eastern and western divisions, to be surveyed, and the Indian title thereto to be extinguished as soon as practicable. And the provisions of the act of September, eighteen hundred and forty-one, granting pre-emption rights, and the acts amendatory thereof, shall be, and the same are hereby, extended to the lands thus surveyed, excepting those herein set apart and appropriated for the use of said road: Provided, That so soon as a contract is made, in pursuance of the provisions of this act, for the construction of said road, it shall be the duty of the President to cause the public lands, for forty miles on each side of so much of said road as the contracting party shall indicate, to be withheld from settlement, sale, or occupation, until the lands shall have been surveyed and the alternate sections selected as provided for in this act.

Sec. 6. And be it further enacted, That, in making said contract, it shall be stipulated that none of said lands are to be conveyed to the contracting party until one section of twenty-five miles is completed and in successful operation, when the President shall convey to the said contracting party one half of the land pertaining to the section so completed, retaining the one half as security for the completion of the middle division, and in like manner the President shall convey to the contracting party one half of the lands pertaining to each section on the eastern and western 0143 143 divisions of said road until said divisions are finished. And it shall be further stipulated and provided that, whenever one section of twenty-five miles of said middle division is completed, the President shall convey to the contracting party the lands retained on the section first completed on the eastern division and on the section first completed on the western division, and so on, in like manner, until the middle division shall be completed, and all the lands retained on the eastern and western divisions shall be conveyed to the said contracting party; and said contract shall require that the United States mails shall at all times be carried on said road, under the direction and control of the Postmaster General; and all other government transportation provided for in this act shall be performed under the direction of the proper departments, respectively, and the compensation therefor, at the prices specified in said contract, shall be regularly paid from the treasury of the United States quarterly, or at such times as may be agreed upon:

Sec. 7. And be it further enacted, That the President be, and he is hereby, authorized and directed, so soon as one section of twenty-five miles of said eastern or western division is made and put into successful operation, to cause to be issued to said contracting party bonds of the United States, bearing not exceeding five per centum per annum interest; which interest shall be payable semi-annually, and the principal payable nineteen years from the date of their issue, to the amount of ten thousand dollars for the eastern division and fifteen thousand dollars for the western division for each mile of the same; and in like manner, when another section of twenty-five miles of said divisions is made and put into successful operation, an equal amount of bonds shall be issued and delivered to said contructing party, and so with each succeeding section, until the whole road shall have been completed through said divisions; which sum of money thus advanced, together with the interest thereon, is to be repaid to the United States by the said contracting party in the transportation and service provided for in this act; and no compensation, other than the lands appropriated and bonds authorized to be issued by this act, shall be made to the contracting party for transportation and service rendered under their contracts, until the value of such transportation and service shall be equal to the aggregate amount of the principal and interest of said bonds: Provided, That all the iron necessary to construct said railroad, and which may compose the track of the same, shall be of American manufacture.

Sec. 8. And be it further enacted, That the President be, and he is hereby, further authorized and directed, so soon as one section of twenty-five wiles of said middle division shall be completed and put in successful operation, to cause to be issued to said contracting party bonds of the United States maturing thirty years after their date, bearing interest not exceeding five per centum per annum, to the amount of twenty-five thousand dollars per mile, and so on, in like manner, for each section of twenty-five miles, until said middle division shall be completed; which bonds, together with those hereinbefore authorized to be issued, shall be a first lien on said road from its eastern to its western terminus, and be reimbursable, together with the interest, in transportation and mail service; the bonds issued as hereinbefore provided being first paid, the whole amount of compensation for service to the government shall be applied towards the cancellation of 0144 144 the principal and interest on the bonds issued on the middle division, until the whole amount thereof shall be paid in full: Provided, That the aggregate amount of bonds issued under the provisions of this act shall not exceed the sum of thirty-four millions of dollars.

On motion by Mr. Wilson, to amend the same, section 4, line 3, by striking out “of equal length,”

It was determined in the affirmative.

On motion by Mr. Wilson, to amend the amendment proposed by Mr. Bigler, section 4, line 4, after “middle,” insert: the eastern and western divisions shall be of five hundred miles in length each, and the remainder shall be called the middle division.

On motion by Mr. Doolittle, to amend the amendment proposed by Mr. Bigler, by inserting, at the end of the 4th section, the following:

Provided also, That any contract which may be entered into shall, before it takes effect, be submitted by the President to the Congress of the United States, and shall take effect from and after its ratification, by act or joint resolution of Congress.

It was determined in the affirmative,

Yeas 31

Nays 25

On motion by Mr. Doolittle,

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

Those who voted in the affirmative are,

Messrs. Allen, Bates, Bell, Benjamin, Broderick, Cameron, Chandler, Clark, Crittenden, Dixon, Doolittle, Douglas, Durkee, Fessenden, Foster, Green, Hale, Hamlin, Hammond, Harlan, King, Mallory, Mason, Pearce, Pugh, Simmons, Thompson, of Kentucky, Toombs, Trumbull, Wade, Wilson.

Those who voted in the negative are,

Messrs. Bigler, Brown, Chesnut, Clay, Clingman, Davis, Fitch, Fitzpatrick, Foot, Gwin, Houston, Iverson, Johnson, of Arkansas, Johnson, of Tennessee, Jones, Polk, Reid, Rice, Sebastian, Seward, Shields, Slidell, Stuart, Ward, Wright.

On motion by Mr. Mason, that the bill be committed to the select committee by whom it was reported, together with the amendments proposed, and those intended to be proposed, which have been printed.

It was determined in the negative,

Yeas 23

Nays 29

On motion by Mr. Seward,

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

Those who voted in the affirmative are,

Messrs. Bayard, Benjamin, Brown, Chesnut, Clay, Clingman, Crittenden, Fitzpatrick, Hammond, Houston, Hunter, Johnson, of Tennessee, Mallory, Mason, Pearce, Reid, Rice, Slidell, Stuart, Thompson, of Kentucky, Toombs, Wade, Ward.

Those who voted in the negative are,

Messrs. Allen, Bell, Bigler, Broderick, Cameron, Chandler, Clark, Davis, Dixon, Doolittle, Douglas, Durkee, Foster, Green, Gwin, Harlan, Iverson, Johnson, of Arkansas, Jones, King, Polk, Pugh, Sebastian, Seward, Shields, Simmons, Trumbull, Wilson, Wright.

On motion by Mr. Toombs, that the bill lie on the table,

0145 145

It was determined in the negative,

Yeas 27

Nays 30

On motion by Mr. Bigler,

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

Those who voted in the affirmative are,

Messrs. Bayard, Benjamin, Brown, Chesnut, Clark, Clay, Clingman, Crittenden, Fitzpatrick, Green, Hale, Hamlin, Hammond, Houston, Hunter, Iverson, Johnson, of Tennessee, Mallory, Mason, Pearce, Reid, Rice, Slidell, Stuart, Thompson, of Kentucky, Toombs, Ward.

Those who voted in the negative are,

Messrs. Allen, Bell, Bigler, Broderick, Cameron, Chandler, Collamer, Davis, Dixon, Doolittle, Douglas, Durkee, Fessenden, Foot, Foster, Gwin, Harlan, Johnson, of Arkansas, Jones, King, Polk, Pugh, Sebastian, Seward, Shields, Simmons, Trumbull, Wade, Wilson, Wright.

On motion by Mr. Iverson, that the Senate adjourn,

It was determined in the negative,

Yeas 26

Nays 31

On motion by Mr. Johnson, of Arkansas,

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

Those who voted in the affirmative are,

Messrs. Bigler, Broderick, Brown, Chandler, Chesnut, Clark, Clingman, Collamer, Davis, Doolittle, Durkee, Fessenden, Fitch, Fitzpatrick, Foot, Gwin, Hamlin, Harlan, Houston, Hunter, Iverson, Johnson, of Tennessee, Pugh, Reid, Wade, Ward.

Those who voted in the negative are,

Messrs. Allen, Bayard, Bell, Cameron, Clay, Crittenden, Dixon, Douglas, Foster, Green, Hale, Johnson, of Arkansas, Jones, Kennedy, King, Mallory, Mason, Pearce, Polk, Rice, Sebastian, Seward, Shields, Simmons, Slidell, Stuart, Thompson, of Kentucky, Toombs, Trumbull, Wilson, Wright.

After further debate,

On motion by Mr. Hamlin, that the Senate adjourn,

It was determined in the negative,

Yeas 21

Nays 31

On motion by Mr. Hamlin,

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

Those who voted in the affirmative are,

Messrs. Bigler, Broderick, Brown, Chandler, Clark, Collamer, Doolittle, Durkee, Fitch, Fitzpatrick, Foot, Gwin, Hamlin, Harlan, Houston, Huntor, Iverson, Polk, Simmons, Stuart, Wade.

Those who voted in the negative are,

Messrs. Allen, Bayard, Bell, Cameron, Chesnut, Clay, Crittenden, Dixon, Douglas, Foster, Green, Hale, Johnson, of Arkansas, Johnson, of Tennessee, Kennedy, King, Mallory, Mason, Pearce, Pugh, Reid, Rice, Sebastian, Seward, Shields, Thompson, of Kentucky, Toombs, Trumbull, Ward, Wilson, Wright.

On motion by Mr. Johnson, of Arkansas,

That when the Senate adjourn it be to Monday next,

The President (Mr. Stuart in the chair) decided that this motion was not in order. 10

0146 146

From this decision Mr. Johnson, of Arkansas, appealed.

On the question,

“Shall the decision of the Chair stand as the judgment of the Senate?”

It was determined in the affirmative.

On motion by Mr. Collamer, that the Senate adjourn,

It was determined in the negative,

Yeas 2

Nays 2

On motion by Mr. Johnson, of ArKansas,

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

Those who voted in the affirmative are,

Messrs. Bigler, Broderick, Brown, Cameron, Chandler, Clark, Collamer, Doolittle, Douglas, Durkee, Fitch, Fitzpatrick, Foot, Hamlin, Harlan, Houston, Hunter, Iverson, Johnson, of Tennessee, Mason, Polk, Simmons, Stuart, Wade.

Those who voted in the negative are,

Messrs. Allen, Bayard, Bell, Chesnut, Clay, Crittenden, Foster, Green, Hale, Johnson, of Arkansas, King, Mallory, Pearce, Pugh, Reid, Rice, Sebastian, Seward, Shields, Thompson, of Kentucky, Toombs, Trumbull, Ward, Wilson, Wright.

On motion by Mr. Johnson, of Arkansas,

That the further consideration of the bill be postponed for one hour,

It was determined in the affirmative.

On motion by Mr. Johnson, of Arkansas,

That when the Senate adjourn it be to Monday next,

It was determined in the affirmative,

Yeas 24

Nays 23

On motion by Mr. Johnson, of Arkansas,

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

Those who voted in the affirmative are,

Messrs. Allen, Bayard, Bell, Broderick, Cameron, Chesnut, Clay, Crittenden, Foster, Hale, Johnson, of Arkansas, King, Mallory, Mason, Pearce, Pugh, Sebastian, Shields, Stuart, Thompson, of Kentucky, Toombs, Trumbull, Ward, Wright.

Those who voted in the negative are,

Messrs. Bigler, Chandler, Clark, Collamer, Doolittle, Douglas, Durkee, Fitzpatrick, Foot, Green, Hamlin, Harlan, Houston, Hunter, Iverson, Johnson, of Tennessee, Polk, Reid, Rice, Seward, Simmons, Wade, Wilson.

On motion by Mr. Mason,

The Senate adjourned.

MONDAY, January 17, 1859. Link to Annals.

The Vice President laid before the Senate a report of the Secretary of War, communicating, in pursuance of law, statements showing the contracts made under the authority of the War Department during the year 1858; which was read.

The Vice President laid before the Senate reports of the Court of Claims, made in pursuance of law, adverse to the claim of James H. 0147 147 McCulloh, executor of James H McCulloh, deceased, the claim of the heirs of Dr. James Thatcher, the claim of Henry W. Morris, the claim of Almanzon Huston, and the claim of the heirs of George Yates.

Ordered, That they be referred to the Committee on Claims.

Mr. Seward presented the credentials of the honorable Henry Wilson, elected a senator by the legislature of Massachusetts for the term of six years, commencing on the fourth day of March, 1859; which were read.

Mr. Trumbull presented the memorial of J. C. P. DeKrafft, praying to be allowed mileage for a journey from New York to San Francisco, performed under an order from the Navy Department; which was referred to the Committee on Naval Affairs.

A message from the House of Representatives by Mr. Allen, its Clerk:

Mr. President: The House of Representatives has passed the following bills of the Senate.

S. 235. An act for the relief of Martin Layman;

S. 476. An act to authorize the President to make advances of money to Hiram Powers.

It has passed the resolution of the Senate (S. 54) for changing the plan of the custom-house at Galveston, in the State of Texas, with an amendment, in which it requests the concurrence of the Senate; and

It has disagreed to the amendments of the Senate to the bill of the House (H. R. 336) for the relief of B. W. Palmer and others.

The House of Representatives has passed the following bills and joint resolution, in which it requests the concurrence of the Senate:

H. R. 788. An act authorizing the Secretary of the Treasury to grant a register for the schooner “William A. Hamill;”

H. R. 789. An act to compensate the State of New Jersey for the use of court rooms for the United States court, in the state-house at Trenton, in said State;

H. R. 798. An act for the relief of James G. Holmes;

H. R. 45. Joint resolution authorizing Townsend Harris, United States consul general at Japan, and H. C. J. Heusken, his interpreter, respectively, to accept a snuff-box from her Majesty the Queen of England.

The bill (H.R. 783) to authorize the registering of the schooner bill Enterprise, of Wilson, New York, was read the first and second times, by unanimous consent, and referred to the Committee on Commerce.

The joint resolution (H. R. 39) to authorize the Secretary of the Treasury to sell a certain plat of land in the city of Petersburg, Virginia, belonging to the United States, was read the first and second times, by unanimous consent, and referred to the Committee on Commerce.

The Vice President signed the enrolled bill (S. 32) last reported to have been examined, and it was delivered to the committee to be presented to the President of the United States.

Mr. Yulee presented a memorial of Kunhardt & Co., and Gelpcke, Kentgen, and Reichelt, agents of steamship lines between New York and certain ports in Europe, praying a modification of the laws relating 0148 148 to exportations for the benefit of drawback; which was referred to the Committee on Post Offices and Post Roads.

Mr. Thomson, of New Jersey, presented a petition of citizens of Patterson, New Jersey, praying that the public lands may be laid out in farms for the free and exclusive use of actual settlers.

Ordered, That it lie on the table.

Mr. Clark presented the petition of Elizabeth Osgood, daughter and sole heir to Joseph Fogg, a quartermaster in the revolutionary army, praying to be allowed a pension; which was referred to the Committee on Pensions.

Mr. Clark presented a memorial of citizens of Manchester, New Hampshire, praying that the pay of officers of the navy may be increased; which was referred to the Committee on Naval Affairs.

Mr. Brown presented a petition of property holders in the District of Columbia, praying an amendment of the laws relating to landlord and tenant; which was referred to the Committee on the District of Columbia.

Mr. Brown presented a petition of merchants and others, citizens of the District of Columbia, praying an extension of the jurisdiction of justices of the peace in the recovery of debts, and the allowance of fees to justices of the peace in cases of arrests for riot, assaults, &c.; which was referred to the Committee on the District of Columbia.

Mr. Doolittle presented a petition of citizens of New York, praying that the public lands may be laid out in farms for the free and exclusive use of actual settlers.

Ordered, That it lie on the table.

On motion by Mr. Iverson,

Ordered, That the memorial of Elizabeth Spear, widow of Thomas Williams, on the files of the Senate, be referred to the Committee on Pensions.

Mr. Collamer presented the memorial of Emily L. Slaughter, widow of A. G. Slaughter, a commander in the navy, praying to be allowed a pension; which was referred to the Committee on Pensions.

Mr. Hale presented the petition of Mary Willard, formerly Widow of Aaron Young, a soldier in the war of 1812, praying to be allowed a pension; which was referred to the Committee on Pensions.

Mr. Sebastian presented the petition of Thomas O. and Edward O. Smith, praying compensation for supplies furnished to emigrants on the route to California; which was referred to the Committee on Indian Affairs.

Mr. Rice presented a petition of citizens of Anoka, Minnesota, praying the establishment of a mail route from Anoka to Princeton; also a petition of citizens of the counties of Wabashaw and Olmstead, in Minnesota, praying the establishment of a mail route from Wabashaw to Rochester.

Ordered, That they be referred to the Committee on Post Offices and Post Roads.

Mr. Foster, from the Committee on Pensions, to whom was referred the petition of Mary Elizabeth Larnard, submitted a report (No. 345) accompanied by a bill (S. 513) for the relief of Mary Elizabeth Larnard 0149 149 widow of Brevet Major Charles H. Larnard, late of the United States army.

The bill was read and passed to a second reading.

Ordered, That the report be printed.

Mr. Fitch, from the Committee on Printing, to whom was referred a motion to print the report of the Postmaster General relative to a plan for making his department a self-sustaining department, reported in favor of printing the same; and

The report was agreed to.

The bill (S. 449) authorizing the transfer to State authorities of the books, papers, and so forth, of discontinued land districts, under certain circumstances, 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 bill was read the third time by unanimous consent.

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

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

The Senate proceeded to consider the amendment of the House of Representatives to the joint resolution of the Senate (S. 54) for changing the plan of the custom-house at Galveston, in the State of Texas; and

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

The Senate proceeded to consider the motion made by Mr. Henderson the 21st of May, 1858, to reconsider the vote on the passage of the bill (S. 283) for the relief of James Maccaboy; and

On the question to agree to the motion,

It was determined in the negative.

So the motion to reconsider was not agreed to.

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

Mr. Thomson, of New Jersey, submitted the following resolution; which was considered, by unanimous consent, and agreed to:

Resolved, That the Committee on Post Offices and Post Roads be directed to inquire into the propriety of establishing a post route from Bordentown, by way of Georgetown, Sykesville, Wrightstown, and Pointville, to Brown's Mills, in the county of Burlington and State of New Jersey.

Mr. Chesnut submitted the following resolution for consideration:

Resolved, That the Secretary of the Senate be directed to request the Court of Claims to return to the Senate the petition and papers of the heirs of Captain J. B. DeTreville.

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

Resolved, That the Committee on Public Lands be requested to inquire into the expediency of making provision for running and marking that part of the western boundary of Minnesota which is not defined by the natural landmarks, and the distance being supposed to be about one hundred and thirty miles, and of reporting in favor of an adequate appropriation for that purpose.

0150 150

Mr. Hale submitted the following resolution for consideration:

Resolved, That the Committee on Public Buildings and Grounds be instructed to inquire into the practicability and propriety of reconstructing and remodeling the interior of the northern portion of the Capitol extension in such a manner that the Senate chamber may extend to the wall of the building on the end and one or both sides, so as to have the advantage of windows and fresh air.

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

Resolved, That the Secretary of the Treasury communicate to the Senate, as fully as may be in his power to do, the number of American vessels which are engaged directly in the palm oil trade on the coast of Africa, the average number of their voyages annually, their tonnage, the nature and values of their exports and imports, and the amount of duties derived from them by the treasury of the United States.

The Senate proceeded to consider the resolution submitted by Mr. Bigler, the 10th instant, to set apart Friday and Saturday of each week for the consideration of private bills; and having been amended it was agreed to, as follows:

Resolved, That for the residue of the present session Friday of each week, after the expiration of one hour from the time of meeting of the Senate, shall be set apart for the consideration of private bills, in the order in which they stand upon the calendar.

Mr. Fitch, from the Committee on Printing, to whom was referred a resolution to print additional copies of the report of the Superintendent of the Coast Survey for 1858, reported the following resolution, which was read:

Resolved, That there be printed, in addition to the usual number, five thousand copies of the report of the Superintendent of the Coast Survey for the year 1858, for distribution by said Superintendent; that the same be printed and bound with the charts and sketches in quarto form, and that the printing of said charts and sketches shall be done to the satisfaction of the Superintendent of the Coast Survey.

On motion by Mr. Seward,

Ordered, That the bill (S. 497) making appropriation to facilitate the acquisition of the island of Cuba by negotiation be printed.

The joint resolution (S. 69) conferring the rank of senior flag-officer on the active service list of the United States navy on Captain Charles Stewart, 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 the third time by unanimous consent.

On the question, Shall the resolution pass?

It was determined in the affirmative,

Yeas 37

Nays 14

On motion by Mr. Clay,

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

Those who voted in the affirmative are,

Messrs. Bates, Bell, Benjamin, Bigler, Broderick, Chandler, Clark, 0151 151 Collamer, Critenden, Dixon, Doolittle, Douglas, Durkee, Foot, Foster, Green, Gwin, Hale, Hamlin, Hammond, Harlan, Houston, Iverson, Jones, Kennedy, Polk, Pugh, Seward, Simmons, Slidell, Stuart, Thompson, of Kentucky, Thomson, of New Jersey, Toombs, Ward, Wright, Yulee.

Those who voted in the negative are,

Messrs. Allen, Bright, Chesnut, Clay, Clingman, Fitzpatrick, Hunter, Johnson, of Arkansas, Johnson, of Tennessee, King, Reid, Rice, Trumbull, Wade.

So it was

Resolved, That the 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 bill (S. 65) to authorize the President of the United States to contract for the transportation of the mails, troops, seamen, munitions of war, army and navy supplies, and all other government service, by railroad, from the Missouri river to San Francisco, in the State of California.

On motion by Mr. Iverson,

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

The Senate resumed the consideration of the resolution submitted by Mr. Johnson, of Tennessee, the 4th of January, relating to a reduction of the expenses of government.

On motion by Mr. Gwin, to amend the resolution by striking out “finance,” and inserting “ a select committee, to consist of seven members. ”

It was determined in the affirmative,

Yeas 34

Nays 24

On motion by Mr. Gwin,

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

Those who voted in the affirmative are,

Messrs. Bayard, Bell, Bigler, Brown, Chandler Chesnut, Clark, Clay, Collamer, Crittenden, Dixon, Durkee, Fessenden, Fitch, Fitzpatrick, Foot, Foster, Green, Gwin, Hale, Hamlin, Hammond, Hunter, Iverson, Jones, Kennedy, King, Pugh, Sebastian, Simmons, Thompson, of Kentucky, Thomson, of New Jersey, Trumbull, Wade.

Those who voted in the negative are,

Messrs. Allen, Bates, Broderick, Clingman, Davis, Doolittle, Douglas, Harlan, Houston, Johnson, of Arkansas, Johnson, of Tennessee, Mallory, Polk, Reid, Rice, Seward, Shields, Slidell, Stuart, Toombs, Ward, Wilson, Wright, Yulee.

So the motion by Mr. Gwin was agreed to.

On motion, by Mr. Pugh, that the Senate reconsider the last mentioned vote.

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

Mr. President: The House of Representatives having been informed of the death of the honorable Thomas L Harris, late a member of the House of Representatives from the State of Illinois, have passed 0152 152 resolutions in relation thereto, which I am directed to communicate to the Senate.

The resolutions were read.

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

Resolved, That the Senate receives with sincere regret the announcement of the death of the honorable Thomas L. Harris, late a member of the House of Representatives from the State of Illinois, and tenders to the relatives of the deceased the assurance of their sympathy with them under the bereavement they have been called upon to sustain.

Resolved, That the Secretary of the Senate be directed to transmit to the family of Major Harris a certified copy of the foregoing resolution.

Resolved, That in token of respect for the memory of the deceased the Senate do now adjourn.

Whereupon, the Senate adjourned.

TUESDAY, January 18, 1859. Link to Annals.

The Vice President laid before the Senate a report of the Secretary of the Treasury, communicating, in obedience to law, a plan and estimates for reducing the expenses of the collection of the revenue of the government; which was read.

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, communicating, in compliance with a resolution of the Senate, a list of all the vessels belonging to or connected with the navy; also, a list of all the officers of the navy, with their compensation; which was read.

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

On motion by Mr. Mallory, that the report 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 Navy, communicating, in compliance with a resolution of the Senate, the report of the officers appointed by him to make an examition of the iron, coal, and timber of the Deep river country, in the State of North Carolina; which was read.

Ordered, That it lie on the table.

On motion by Mr. Mallory, that the report be printed,

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

Mr. Clingman presented the memorial of J.P. C. Davis, in behalf of the owners of the schooner E. S. Rudderow, which was wrecked on the coast of Florida while freighted with government stores, praying indemnity for the loss of the vessel; which was referred to the Committee on Commerce.

Mr. Seward presented the petition of Asa Sprague and others, of the State of New York, praying that persons entitled to pensions under the act of April 24, 1816, may be allowed the same from the date of that act; which was referred to the Committee on Pensions.

Mr. Iverson presented a memorial of certain Cherokee Indians, and 0153 153 their descendants, praying to be allowed the benefits of certain treaties made between the United States and the Cherokee nation; which was referred to the Committee on Indian Affairs.

The bill (H. R. 788) authorizing the Secretary of the Treasury to grant a register for the schooner “William A. Hamill” was read the first and second times, by unanimous consent, and referred to the Committee on Commerce.

The bill (H. R. 789) to compensate the State of New Jersey for the use of court rooms for the United States court, in the state-house, at Trenton, in said State, was read the first and second times, by unanimous consent, and referred to the Committee on the Judiciary.

The bill (H. R. 798) for the relief of James G. Holmes, 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 the third time, by unanimous consent.

Resolved, That it pass.

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

The joint resolution (H. R. 45) authorizing Townsend Harris, United States consul general at Japan, and H. C. J. Heusken, his interpreter, respectively, to accept a snuff-box from her Majesty the Queen of England, 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 resolution was read the third time, by unanimous consent.

Resolved, That it pass.

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

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

Resolved, That the Committee on Post Offices and Post Roads be instructed to report as to the expediency of providing by legislation for the continuance of the postal service between Charleston and Havana, as now conducted, after the 30th of June next.

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

Resolved, That the President of the United States be requested, if in his opinion it be not incompatible with the public interest, to communicate to the Senate any and all correspondence between the government of the United States and the government of her Catholic Majesty, relating to any proposition for the purchase of the Island of Cuba, which correspondence has not been furnished to either House of Congress.

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

Resolved, that the Committee on Printing be instructed to inquire into the expediency of causing to be published, immediately after the close of each session of Congress, a catalogue of all the documents and 0154 154 books additional copies of which have been ordered to be printed by the Senate.

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

Resolved, That the Committee on Printing be instructed to inquire into the expediency of providing for the printing, in advance of the day appointed for the assembling of Congress, the reports of the heads of departments accompanying the annual message of the President, omitting the reports of heads of bureaus and other appended matter not material to the usual legislation of the session.

The Senate proceeded to consider the resolution submitted by Mr. Chesnut the 17th instant, for the return by the Court of Claims of the petition and rapers of the heirs of Captain J. B. DeTreville; and the resolution was agreed to.

Mr. Iverson asked and, by unanimous consent, obtained leave to bring in a bill (S. 515) to amend the judiciary act in relation to service of process in certain cases; which was read the first and second times, by unanimous consent, and referred to the Committee on the Judiciary.

Mr. Jones reported from the committee that they yesterday presented to the President of the United States the following enrolled bills and enrolled resolution:

S. 32 An act to repeal an act entitled “An act to authorize the Secretary of the Treasury to change the names of vessels in certain cases,” approved March 5, 1856;

S. 68. An act for the relief of Elias Hall, of Rutland, Vermont;

S. 67. A resolution for the appointment of two regents of the Smithsonian Institution.

Mr. Foster, from the Committee on Pensions, to whom was referred the joint resolution (S. 61) giving construction to the act entitled “An act to extend an act entitled ‘An act to continue half-pay to certain widows and orphans, approved February 3, 1853,’ approved June 3, 1858,” reported it without amendment.

Mr. Sebastian, from the Committee on Indian Affairs, to whom was referred the bill (S. 503) authorizing the President, with the consent of any Indian tribe, to expend their money annuities for educational, agricultural, and other objects that will best contribute to their prosperity and advancement, 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 the third time.

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

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

Mr. Green, from the Committee on Territories, to whom was referred the bill (S. 498) for the relief of the city of Omaha, in the Territory of Nebraska, reported it without amendment, and that it ought not to pass.

Mr. Mallory, from the Committee on Naval Affairs, who were instructed by a resolution of the Senate to inquire into the expediency 0155 155 of providing for the construction of a supply of steam engines for an increase of the navy, submitted an adverse report, (No. 346;) which was ordered to be printed.

Mr. Hale asked and, by unanimous consent, obtained leave to bring in a joint resolution (S. 71) authorizing the President to restore certain officers of the navy to their former places; which was read and passed to a second reading.

Agreeably to notice, Mr. Polk asked and obtained leave to bring in a bill (S. 514) to establish an assay office in the city of St. Louis, in the State of Missouri; which was read the first and second times, by unanimous consent, and referred to the Committee on Finance.

Mr. Doolittle reported from the committee that they had examined and found duly enrolled the following bills:

S. 235. An act for the relief of Martin Layman;

S. 476. An act to authorize the President to make advances of money to Hiram Powers.

A message from the House of Representatives by Mr. Allen, its Clerk:

Mr. President: The House of Representatives has passed the bill of the Senate (S. 493) authorizing the issue of registers to the steamships America and Canada, and to change the names of said steamships.

Mr. Doolittle reported from the committee that they had examined and found duly enrolled the bill (S. 493) authorizing the issue of registers to the steamships America and Canada, and to change the names of said steamships.

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

Mr. President: The President of the United States approved and signed, the 17th instant, the following acts and resolution:

S. 32. An act to repeal an act entitled “An act authorizing the Secretary of the Treasury to change the names of vessels in certain cases,” approved March 5, 1856;

S. 68. An act for the relief of Elias Hall, of Rutland, Vermont;

S. 67. A resolution for the appointment of two regents of the Smithsonian Institution.

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

A message from the House of Representatives by Mr. Allen, its Clerk:

Mr. President: The Speaker of the House of Representatives having signed three enrolled bills, S. 335, S. 476, and S. 493, I am directed to bring them to the Senate for the signature of its President.

The Vice President signed the three enrolled bills (S. 335, S. 476, and S. 493) 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 bill (S. 65) to authorize the President of the United States to contract for the transportation of the mails, troops, seamen, munitions of war, army and navy supplies, and all other government service, by railroad, from the Missouri river to San Francisco, in the State of California.

0156 156

The pending amendment proposed by Mr. Bigler, having been amended, was agreed to.

On motion by Mr. Ward, to amend the bill, by striking out of section l, lines 7, 8, 9, and 10, the words “from a point on the Missouri river, between the mouths of Big Sioux and Kansas rivers, to San Francisco, in the State of California, on the most eligible route, reference being had to feasibility, shortness, and economy,” and inserting:

From some point between the 49th and 32d parallels of north latitude to the nearest eligible point on the Pacific coast, in the State of California, reference being had to feasibility, shortness, and economy,

A motion was made by Mr. Sebastian to amend the same, by striking out, in lines 7 and 8, the words “a point on the Missouri river, between the months of the Big Sioux and Kansas rivers,” and inserting Fort Smith, on the western boundary of the State of Arkansas; and

It was determined in the negative,

Yeas 3

Nays 48

On motion by Mr. Seward,

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

Those who voted in the affirmative are,

Messrs. Brown, Mallory, Sebastian.

Those who voted in the negative are,

Messrs. Allen, Bates, Bell, Benjamin, Bigler, Bright, Broderick, Chandler, Clark, Clay, Clingman, Collamer, Davis, Dixon, Doolittle, Douglas, Durkee, Fessenden, Fitch, Fitzpatrick, Foot, Foster, Green, Gwin, Hale, Hamlin, Harlan, Houston, Iverson, Johnson, of Tennessee, Jones, King, Polk, Pugh, Reid, Rice, Seward, Shields, Simmons, Slidell, Stuart, Thomson, of New Jersey, Trumbull, Wade, Ward, Wilson, Wright, Yulee.

On motion by Mr. Houston, to amend the amendment of Mr. Ward, by striking out “thirty-two,” and inserting “thirty,”

It was determined in the negative,

Yeas 21

Nays 32

On motion by Mr. Seward,

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

Those who voted in the affirmative are,

Messrs. Bayard, Benjamin, Brown, Clay, Clingman, Crittenden, Fitzpatrick, Hammond, Houston, Iverson, Johnson, of Tennessee, Mallory, Reid, Rice, Sebastian, Slidell, Stuart, Thomson, of New Jersey, Toombs, Ward, Yulee.

Those who voted in the negative are,

Messrs. Allen, Bates, Bell, Bigler, Bright, Broderick, Chandler, Clark, Collamer, Dixon, Doolittle, Durkee, Fessenden, Fitch, Foot, Foster, Green, Hale, Hamlin, Harlan, Jones, Kennedy, King, Polk, Pugh, Seward, Shields, Simmons, Trumbull, Wade, Wilson, Wright.

On motion by Mr. Green, to amend the amendment proposed by Mr. Ward, by striking out, section 1, lines 7 and 8, the words “from a point on the Missouri river, between the months of the Big Sioux and Kansas rivers,” and inserting: the eastern terminus of which shall be at the most convenient and eligible point on the western boundary of the State of Missouri, and with two branches to said road as follows: one on the south, conmencing not south of Fulton, in the State of Arkansas, 0157 157 and the other on the north, commencing not north of the mouth of Big Sioux river, and all connecting at the most practicable point not further west than the 102d degree of west longitude,

It was determined in the negative,

Yeas 9

Nays 45

On motion by Mr. Green,

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

Those who voted in the affirmative are,

Messrs. Broderick, Fitch, Green, Johnson, of Arkansas, Mallory, Polk, Rice, Sebastian, Wade.

Those who voted in the negative are,

Messrs. Allen, Bates, Bayard, Bell, Benjamin, Bigler, Bright, Brown, Chandler, Chesnut, Clark, Clay, Clingman, Davis, Dixon, Doolittle, Durkee, Fessenden, Fitzpatrick, Foot, Foster, Gwin, Hale, Hamlin, Hammond, Harlan, Houston, Hunter, Iverson, Johnson, of Tennessee, Jones, Kennedy, King, Pugh, Reid, Seward, Shields, Simmons, Slidell, Stuart, Toombs, Trumbull, Ward, Wilson, Wright.

On motion by Mr. Rice, to amend the amendment proposed by Mr. Ward, by inserting after “latitude:” on the eastern border of any of the Territories of the United States, and by inserting, after “California:” on Puget's Sound, or some intermediate point, and by striking out the word “shortest,”

It was determined in the negative,

Yeas 9

Nays 43

On motion by Mr. Doolittle,

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

Those who voted in the affirmative are,

Messss. Benjamin, Brown, Doolittle, Fitch, Mallory, Rice, Shields, Stuart, Toombs.

Those who voted in the negative are,

Messrs. Allen, Bates, Bayard, Bell, Bigler, Broderick, Chandler, Chesnut, Clark, Clay, Clingman, Collamer, Crittenden, Davis, Dixon, Douglas, Durkee, Fitzpatrick, Foot, Foster, Green, Gwin, Hale, Hammond, Harlan, Houston, Iverson, Johnson, of Arkansas, Johnson, of Tennessee, Jones, King, Polk, Pugh, Reid, Sebastian, Seward, Simmons, Slidell, Trumbull, Wade, Ward, Wilson, Wright.

The question recurring on agreeing to the amendment proposed by Mr. Ward,

It was determined in the negative,

Yeas 24

Nays 30

On motion by Mr. Seward,

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

Those who voted in the affirmative are,

Messrs. Bates, Bayard, Bell, Benjamin, Brown, Chesnut, Clay, Clingman, Davis, Fitzpatrick, Hammond, Houston, Hunter, Iverson, Johnson, of Arkansas, Johnson, of Tennessee, Mallory, Polk, Reid, Sebastian, Slidell, Thomson, of New Jersey, Toombs, Ward.

Those who voted in the negative are,

Messrs. Allen, Bigler, Bright, Broderick, Chandler, Clark, Collamer, Crittenden, Dixon, Doolittle, Durkee, Fessenden, Fitch, Foot, Foster, Green, Gwin, Hale, Harlan, King, Pugh, Rice, Seward, Shields, Simmons, Stuart, Trumbull, Wade, Wilson, Wright.

0158 158

A motion being made by Mr. Doolittle to amend the bill by inserting an additional section,

Mr. Bigler raised the question whether the motion was in order; and

It was decided by the President (Mr. Stuart in the chair) that the same was in order.

On the question to agree to the amendment proposed by Mr. Doolittle, as follows:

Add to the bill the following:

Sec. 7. And be it further enacted, That any person who is the head of a family and a citizen of the United States, or who shall have declared his intentions to become a citizen of the United States according to law, shall, from and after the passage of this act, be entitled to enter one quarter section of vacant and unappropriated public lands, or a quantity equal thereto, to be located in a body, in conformity with the legal subdivisions of the public lands, and after the same shall have been surveyed, upon the even numbered sections, within forty miles of said railroad route, excepting the sixteenth and thirty-sixth sections in each township reserved for school purposes: Provided, That the person applying for the benefit of this section shall, upon application to the register of the land office in which he or she is about to make such entry, make affidavit before the said register that he or she is the head of a family, and that it is bonafide his or her intention to settle and make his or her homestead upon the same; and upon making the affidavit as above required, and filing the affidavit with the register, he or she shall thereupon be permitted to enter the quantity of land already specified: Provided, however, That no certificate shall be given or patent issued therefor until the expiration of five years from the date of such entry: And provided further, That if, at the expiration of such time, the person making such entry, or if he be dead, his widow, or in case of her death, his heirs or devisee, or in case of a widow making such entry, her heirs or devisee, in case of her death, shall prove by two credible witnesses that he, she, or they have continued to reside upon and cultivate said land, and still reside upon the same, and have not alienated the same, or any part thereof, then, in such case, he, she, or they shall be entitled to a patent, as in other cases provided for by law: And provided, further, In case of the death of both father and mother, leaving an infant child or children under fourteen years of age, the right and the fee shall enure to the behest of said infant child or children, and the executor, administrator, or guardian, may, at any time within two years after the death of the surviving parent, sell said land for the benefit of said infants, but for no other purpose; and the purchaser shall acquire the absolute title by the purchase, and be entitled to patent from the United States.

Sec. 8. And be it further enacted, That the register of the land office shall note all such applications on the tract books and plats of his office, and keep a register of all such entries, and make return thereof to the General Land Office, together with the proof upon which they have been founded.

Sec. 9. And be it further enacted, That if, at any time after filing the affidavit, as required in the second section of this act, and before the expiration of the five years aforesaid, it shall be proven by two or more 0159 159 respectable witnesses upon oath, to the satisfaction of the register of the land office, that the person having filed such affidavit shall have actually changed his or her residence, or abandoned the said entry, for more than six months at any one time, then, and in that event, the land so entered shall revert back to the government, and be disposed of as other public lands are by law.

Sec. 10. And be it further enacted, That no individual shall be permitted to make more than one entry under the provisions of the three preceding sections of this act; and that the Commissioner of the General Land Office is hereby required to prepare and issue such rules and regulations, consistent with this act, as shall be necessary and proper to carry its provisions into effect; and that the registers and receivers of the several land offices shall be entitled to receive the same compensation for any lands patented under the provisions of this act as they are now entitled to receive when the same quantity of land is entered with money to be paid by the party to whom the patent shall be issued: Provided, however, That nothing in this act shall be so construed as to impair or interfere in any manner whatever with existing pre-emption rights.

It was determined in the negative,

Yeas 19

Nays 33

On motion by Mr. Trumbull,

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

Those who voted in the affirmative are,

Messrs. Broderick, Chandler, Dixon, Doolittle, Fessenden, Foot, Foster, Hale, Hamlin, Harlan, Johnson, of Tennessee, King, Rice, Seward, Shields, Stuart, Trumbull, Wade, Wilson.

Those who voted in the negative are,

Messrs. Allen, Bates, Bayard, Bell, Benjamin, Bigler, Brown, Chesnut, Clark, Clay, Clingman, Crittenden, Davis, Fitch, Fitzpatrick, Green, Gwin, Hammond, Houston, Hunter, Iverson, Jones, Mallory, Mason, Polk, Pugh, Reid, Sebastian, Thomson, of New Jersey, Toombs, Ward, Wright, Yulee.

A motion being made by Mr. Pugh to amend the bill,

On motion by Mr. Bell, that the bill be committed to a select committee with instructions to report forthwith to strike out all the bill after the enacting clause and to insert the following:

That it shall be the duty of the Secretary of the Interior, upon the passage of this act, by advertisement in two newspapers in each State and in the District of Columbia for a period of eight months, to invite separate proposals for the construction and working of three railroads from the valley of the Mississippi to the Pacific ocean, within the territory and jurisdiction of the United States: one commencing at some suitable point on the western boundary of the State of Minnesota, running thence, on what may appear the most eligible route, to Puget's Sound, in Washington Territory; one commencing at some suitable point on the western boundary of the State of Missouri or Iowa, thence pursuing what may appear to be the most eligible route, within the thirty-fourth and forty-third parallels of north latitude to San Francisco or Benicia in the state of California; one commencing at some suitable point on the western boundary of the State of Arkansas or Texas, thence pursuing 0160 160 what may appear to be the most eligible route to San Francisco, in the State of California; the said railways to be constructed in a substantial and workmanlike manner, with necessary drains, culverts, bridges, viaducts, crossings, turnouts, sidings, stations, watering places, and all other appurtenances, including the furniture and rolling works or stock, equal in all respects to a first class railroad when prepared for business, with rails of the best quality, weighing not less than sixty-four pounds to the yard, and a uniform gauge; and such advertisement shall further set forth that the person or association of persons or company making such proposals shall state, as distinctly as may be, the points selected as the eastern and western terminus of the road he or they propose to construct, and the line or route selected as the most eligible on which to construct it, reserving the privilege of making such deflections or departures from it as may be found in the progress of the work to offer greater facilites and advantages; and that he or they shall specify the terms and conditions on which he or they propose to construct the road, classified as follows:

First. The time within which the road is to be commenced and completed.

Second. The amount or extent and description of the aids, facilities, and privileges which will be expected or required from the government, whether consisting of lands or money, or both; and if in part money, whether in the shape of a loan or otherwise; and if a loan, when and how to be refunded.

Third. The rate of charge, respectively, for conveying the mail weekly, semi-weekly, tri-weekly, and daily, when the road is completed, and the rate per mile for such portions or divisions of the road as may be completed and in use before the completion of the whole; and the rate of charges on all military and naval supplies, troops, munitions of war of all kinds, for the transportation of the same on said road throughout the entire line when completed, and on any less portion or section of the same, as the wants of the government may require.

Fourth. The time or period beyond the completion of the road at which the party or parties to any such proposals will surrender said road, with all its equipments and appointments, to the United States, should the government desire such surrender; whether after twenty, forty, or sixty years of exclusive possession and enjoyment; and if any greater period than twenty years is proposed, at what reduced amount of aid and facility will be required from the government in consideration of such extension to forty or sixty years, respectively, the party or parties to such proposals will undertake to construct the road; and what reduction of charges for conveying the mails and transporting military and naval supplies, troops, and munitions of war of all kinds, will be made in consideration of such extension.

Fifth. The guaranties proposed for the faithful execution of any contract which may be entered into with the United States for the construction of the road, and against excessive fare for the transportation of passengers, and exorbitant charges for carrying freight of any description.

Sec. And be it further enacted, That the Secretary of the Interior shall cause it to be further set forth in said advertisements that the party or parties to proposals for the contemplated central and southern railroads 0161 161 shall make separate proposals for the construction of said roads from the eastern termini to some suitable point on the eastern boundary of the State of California; or, in respect to the southern road, to some suitable point on