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New Hampshire ask for a vote on his motion to Mr. STEPHENS, of Georgia. I now offer committee. The gentleman from Tennessee (Mr. reconsider?

the amendment which I indicated just now. Harris) offered an amendment requiring the same Mr. TUCK, I do.

Mr. FICKLIN. Do you propose to strike out thing, which has been voted on and adopted by Mr. HARRIS, of Tennessee, moved to lay the that about the construction of the law?

the committee, and I intend, therefore, to abandon motion to reconsider upon the table.

Mr. STEPHENS. No; I propose to strike out

my substitute. The question being taken, on a division there nothing, but merely to insert the words which I Mr. STEPHENS. What I wish to say is, were yes 15, noes 58. have read, so as to make it affirmative.

that different officers have authority to witness So the motion to reconsider was laid upon the The question was then taken on Mr. Stephens's deeds, in the different States of this Union. This talle.

amendment to the amendment, and it was agreed would occasion some difficulty, if we were to pass The question recurring upon the motion of the

such a law as this, and therefore I think it would gentleman from Illinois, (Mr. RICHARDSON,] it Mr. FICKLIN. I propose now to amend the be better to adopt the amendment suggested by the vas taken and decided in the afirmative.

amendment as amended, by inserting after the gentleman from Maryland, (Mr. WALSH,) proviSo the rules were suspended, and the House re- word "assignment” the words " by indorsement ding that the assignment shall be witnessed by solved itself into Committee of the Whole on the lipon the warrant;" so as to make it read: “ Pro- such parties as are authorized to authenticate deeds state of the Union, (Mr. F11BBARD in the chair.) 'vided, That in all cases the assignment by indorse- in the several States where the assignments are

The CHAIRMAN stated that the question be- • ment upon the warrant shall be acknowledged or made. We have been here for two days engaged fore the coinmittee was on the amendment of the proven,

upon one section of the bill, and it is impossible gentleman from Tennessee (Mr. HARRIS) to the The object of that amendment is, that the sol- for gentlemen upon different sides of the House to amendment of the gentleman from Ohio, (Mr. i dier shall have his warrant before he makes an understand one another in reference to this subject. TATLOR.]

assignment of it, and that he shall make the as- We shall spend two more days upon the bill at The following is the first section of the bill: signment upon the warrant, instead of upon a this rate. I shall therefore move that the commit

Be it enacted by the Senate and House of Representa-separate piece of paper. A great many of the tee rise, for the purpose of submitting a motion to tires of the Inited States of America in Congress assem- frauds which have been committed have arisen the House to take this bill from the Committee of Ne, That nothing in the act approved September 28, 1850. from the want of such a provision as this.

the Whole on the state of the Union, and refer it ** granting bounty land to certain officers and soldiers who have been engaged in the military service of the United

Mr. JONES, of Tennessee. If we are not ex- to the Committee on the Judiciary, who can preStates," shall be construed so as to prevent the sale and ceedingly cautious, we shall get into difficulty sent to the House a bill that will meet the views barer of any certificate or warrant issued by virtue of said about this whole matter. This amendment of the and wishes of all. We can never perfect such a Act, prior to the location of the same, or the issue of the patent thereon.

gentleman from Illinois [Mr. Ficklin) requires | bill here. I move that the committee rise and re. Mr. TAYLOR had submitted the following the warrant never leaves the Department. It is

the assignment to be upon the warrant. Now, port the bill to the House with a recommendation amendment to come in at the end of the above

ihat it be referred to the Judiciary Committee. filed there; a certificate of location is issued to the resolution:

Mr. JOHNSON, of Arkansas. I ask permissoldier, and it is located and returned here. I be- sion to say a few words upon that motion, and I * In conformity with a form to be prescribed by the Commissioner of the General Land Office."

lieve that has been the case with nearly all the usually say as little as any gentleman here. It is warrants that have been issued.

well known Mr. CARTTER called for the reading of the Mr. BISSELL here interposed a remark, which Mr. TUCK. I object. amendment to the amendment, and it was read as was not heard by the Reporter.

The CHAIRMAN. The gentleman from Arfoliows:

Mr. JONES, (continuing.) The best way to kansas can only proceed by unanimous consent, as ** Prorided, That in all cases the assignment shall be ac- provide for this assignment, I think, would be to debate is out of order. knowledged or proven by two subscribing witnesses, before declare that such sale, transfer, or assignment shall Mr. JOHNSON. The gentleman's objection sode oficer authorized to take the probate of deeds, who shail certify under his seal of office that the person making

be made and authenticated in accordance with came too late. A gentleman must object before n te extenment is personally known to him, or that his or rules to be prescribed by the Secretary of the In- man has begun his remarks. [Laughter, and cries her identity has been proven by two credible witnesses." terior. He can then alter them to suit

the circum- of “Go on!") I have merely to say that I am Mr. MARSHALL, of Kentucky, demanded stances.

perfectly satisfied of the entire sincerity of the gentellers on the adoption of the proviso; which were Mr. FICKLIN, (interposing.) I would sug- ileman from Georgia [Mr. Stephens) in making ordered, and Messrs. Fowler and Cartier ap- || gest to the gentleman, that the certificate of loca- this motion, for I have been with him here for pointed.

tion is the paper that is assigned, and is the one some time. But at the same time I know that The question was then taken on the amendment that is located upon the land.

after the amount of discussion which we have had to the amendment, and there were-ayes 52, noes Mr. JONES. Then put in “ warrant or certifi- upon this bill, if we now put it beyond our reach 56-no quorum voting. cate of location."

and send it to a committee, it is lost beyond resurCries of " Another count!" and "Call the roll!”] The CHAIRMAN. Does the gentleman from rection. If we want these land warrants made The CHAIRMAN. By unanimous consent Illinois modify his amendment?

assignable and the other relief given which is conanother count will be had.

Mr. FICKLIN. I have no objection to do so, templated by this bill, we must go on and consider Mr. KING, of New York. No, call the roll. but it is understood already. The certificate of the bill and act upon it now. The roll was then called, and the absentees noted. location is the paper that is assigned.

If there is not sufficient intelligence amongst the The committee then rose, and the Speaker having Mr. MARSHALL, of Kentucky. I suggest to members of this House to perfect a bill that was resate the chair, the chairman of the committee | the gentleman from Mlinois, that his amendment | discussed for weeks during the last Congress, and reported that the Committee of the Whole on the would be more acceptable, if it did not require the has been so much discussed already in this, po state of the Union having found itself without a assignment to be proven before the person anthor- Judiciary Committee can do it; it cannot be done quorum, had instructed him to report that fact to ized to take the probate of deeds. It will require at all. If we go back now and refer this bill to a the House, with the names of the absentees. a man to go to the clerk's office in the county seat committee, we shall have again to go through the

Hr. STANTON, of Ohio, stated, that Mr. every time he wants to make an assignment. whole process of considering and discussing sepaPARKER, of Indiana, was detained from his seat Mr. FICKLIN. I will state to the gentleman rate amendments. If the committee rises now by sickness.

from Kentucky, that the provision to which he has without considering and perfecting the bill, we A quorum being now present, the committee reference, is contained in the amendment of the shall have gone back to where we commenced resumed its session; and the question being taken gentleman from Tennessee, (Mr. Harris,] which yesterday morning. The whole country demands on the amendment to the amendment, tellers re- has already been adopted by the committee. My ihat these warrants shall be made assignable, and perted-ayes 67, noes 59.

amendment is simply to have the assignment made that the other provisions contemplated by this bill So the amendment to the amendment was agreed upon the warrant or certificate of location, and not shall be made. We had better proceed with the

upon a separate piece of paper. My object is to bill and perfect it. I call for tellers on the motion The question recurred on Mr. Taylor's amend. prevent fraud and forgery.

that the committee do now rise. ment as amended.

Mr. JONES, of Tennessee. Is this an amend- Mr. STEPHENS, of Georgia. The gentleMr. SACKETT. Is an amendment now in ment to an amendment?

man from Arkansas (Mr. Johnson) appeals to erder by way of substitute?

The CHAIRMAN. It is.

the experience of this House to sustain him in The CHAIRMAN. It is not now in order. Mr. HARRIS, of Tennessee. I thought the saying that should this resolution go to the Com.

Mr. TAYLOR asked for the reading of the gentleman from Illinois was willing to modify mittee on the Judiciary, it will be the last we shall amendment as amended, and it was read. Mr. STEPHENS, of Georgia. I propose to

his amendment, by, adding the words “or cer- see of it. I would barely remark that such has tificate of location."

not been my experience. amend the amendment by inserting at the com- Mr. FICKLIN. I will do it.

Mr. JOHNSON. I hope the gentleman will mencement thereof the words “but the same The amendment was modified accordingly. not understand me as casting any slur upon that shall be assignable."

Mr. JONES, of Tennessee. Is it in order now committee. Mr. MARSHALL, of Kentucky. That would to offer an amendment?

Mr. STEPHENS. I did not understand the make it imperative.

The CHAIRMAN. It is not; there is an gentleman as casting any slur upon that commitMr. STEPHENS. Then I will make it “

may amendment to an amendment now pending. tee; but I think the experience of this House in be assignable." As the bill now reads, it says Mr. STEPHENS, of Georgia. 'I think, as the regard to the past is, that bills which have been that nothing in the existing law shall be so con- gentleman from Tennessee [Mr. Jones) has said, referred to the Committee on the Judiciary, have strued as that the warrant shall not be assignable. that we are likely to get into great difficulty with been considered and acted upon with promptness. My object is to make it affirmative.

this bill. The gentleman from Ilinois (Mr. Fick- || The gentleman says this House has sufficient inMr. SACKETT. I ask leave to have an amend-LIN) has submitted an amendment that these as- telligence to perfect this resolution. I do not ment read which I propose to offer as å substitute sigoments shall be authenticated by two witnesses doubt its intelligence, but I submit that however for the whole of the first section.

before some officer authorized to take the probate intelligent it may be, it is impossible for us to perThe CHAIRMAN. The substitute is not now of deeds.

fect this resolution so well here as it can be done in order, but by universal consent it can be read Mr. FICKLIN, (interrupting.) That provision by the Judiciary Committee. I submit, with all for information.

was contained in the substitute submitted by me due respect, that this committee is constituted of Several MEMBERS Objected to the reading. yesterday, which has not been voted upon by the gentlemen who are more competent to perform

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upon the bill.

this duty; they can better draw up bills, and put Mr. STEPHENS. Certainly; but I have pos

pleton, William Appleton, Babcock, Thomas H. Bayly, them in the proper legal form, than the majority session of the floor.

Bennett, John H. Boyd, Bragg, Briggs, Brooks, Albert G.

Brown, Burrows, Busby, Joseph Cable, Cariter, Chandler, of the members of this House. Many gentlemen The SPEAKER. The gentleman from Georgia Chapman, Curtis, George T. Davis, Dockery, Evans, are not lawyers, and they may state what they (Mr. STEPHENS) has been recognized.

Faulkner, Floyd, Fowler, Henry M. Fuller, Thomas J. D. desire to be done in order to put the bill in a form Mr. BISSELL. I submit, with due deference Fuller, Giddings, Grey, Grow, Hamilton, Haseall, Haven,

Hebard, Hendricks, Hibbard, Hillyer, Howard, Thomas to make it acceptable to them. The gentleman to the Chair, that I was recognized first.

M. Howe, Hunter, Ingersoll, Ives, Jackson, James Johnson, says that it is poor soldiers whose claims are pre- The SPEAKER. It is true the gentleman from Daniel T. Jones, George W. Jones, Preston King, Kuhne, sented in this bill. Now, in my judgment, this Illinois (Mr. Bissell) was recognized by the Landry, Letcher, Martin, McDonald, Meacham, Henry 1). forms an additional reason why the bill should be Chair; but that gentleman only asked a question,

Moore, Morehead, Nahers, Newton, Orr, Andrew Parker, committed to the Committee on the Judiciary, in which the Chair answered, when the floor was

Perkius, Robbins, Robie, Scudder, Scurry, David L. Sey

mour, Origen S. Seymour, Skelton, Smith, Stanly. Alex order that we, as members upon this floor, may accorded to the gentleman from Georgia.

ander Stephens, Sutherland, George W. Thompson, Thur: not fail in our efforts to accomplish the object we Mr. STEPHENS. I do not claim the floor for lon, Townshend, Tuck, Venable, Walbridge, Wallace, have in view, by employing improper language.

Welch, Wileox, and Wildrick--82. the purpose of debating this question. I merely

NAYS-Messrs. Willis Allen, Andrews, Averett, BarI think, therefore, that it will facilitate this busi

rise for the purpose of moving the previous ques- rere, Bartlett, Bibighaus, Bissell, Bocock, Breckenridge, ness if the committee rise and report the bill to tion.

Brenton, E. Carrington Cabell, Caldwell, Caskie, Chastain, the House, in order that it may be referred to the Mr. DUNHAM. Will the gentleman from

Churchwell, Clark, Cleveland, Clingman, Cobb, Conger, appropriate committee for perfection, with instruc- Georgia withdraw the demand for the previous

Cullom, John G. Davis, Doty, Dunham, Eastman, Edger

ton, Edmondson, Ficklin, Pitch, Florence, Gamble, Gaytions (if gentleman desire it) to report with as question for a moment, in order that I may be al- lord. Gentry, Goodenow, Gorman, Green, Hall, Isbam G. little delay as possible. I move that the com- lowed to make a single inquiry?

Harris, Sampson W. Harris, Heon, John W. Howe, mittee do now rise.

Mr. STEPHENS. I will withdraw it for that Andrew Johnson, John Johnson, Robert W. Johnson, J. Tellers were demanded, and ordered; and

Glancy Jones, Kurtz, Lockhart, Mace, Humphrey Marshall, purpose.

McCorkle, Millson, Miner, Molony, Murphy, Olds, Peaslee, Messrs. CARTTER and Fowler were appointed. Mr. DUNHAM. I desire to inquire of the Penn, Penniman, Porter, Rieliardson, Riddle, Robinson,

The question was then taken, and the tellers gentleman from Georgia if he would not accept Sackett, Savage, Sinart, Benjamin Stanton, Richard H. reported—ayes 68, noes 67. an amendment to his motion, to refer the bill to a

Stanton, Abraham P. Stevens, Stone, St. Martin, Stuart,

Sweetser, Taylor, Walsh, Ward, Washbum, Watkins, So the motion prevailed. select committce, instead of the Committee on the

Addison White, Williams, and Yates-81. The committee accordingly rose, and the Speak- | Judiciary? er laving resumed the chair, the Chairman re- Mr. STEPHENS. I have no objection to its

The Chair voted in the negative, and the bill

was not referred. ported that the Committee of the Whole on the going to a committee composed of the friends of state of the Union had had the Union generally || the bill. I will accept the gentleman's amend

Mr. RICHARDSON. I move this House do under consideration, and especially joint resolu- ment.

now adjourn. tion No. 1, in relation to bounty land warrants, Mr. MARSHALL, of Kentucky. I rise to a

(Cries of “ No!" " No!") and had instructed him to report the same to the point of order.

The question was then taken by tellers, (Messrs. House, with the recommendation that it be re- Mr. STEPHENS. I have not yet yielded the

RICHARDSON and CLINGMAN acting,) and decided ferred to the Committee on the Judiciary. floor.

in the negative-ayes 23, noes not counted. Mr. ORR. I desire that the House will also Mr. MARSHALL. I suppose I have the right

So the House refused to adjourn. refer the bill upon this subject which was pre- to state my point of order, whether the gentleman

Mr. FICKLIN. I move the previous question pared by the Commissioner of the General Land yields the floor or not. What I wish to say is, Office. It embraces all the points touched upon that after the gentleman from Georgia (Mr. Ste

Mr. DUNHAM. I rise to make an inquiry. in the bill before the House, and is, in many re- PHENS) has moved the previous question, he has

It is whether the bill is not still under the operation spects, preferable to any bill I have seen, and I no right to withdraw it for the purpose of allowing

of the previous question? hope that it will be referred to the Judiciary Com- one gentleman to get in his amendment, when the The SPEAKER. The previous question was miitee along with that bill. It is as follows, viz: rest of us will not be permitted to offer ours. ordered upon the motion to commit. Mr. STEPHENS. If the gentleman objects,

Mr. DUNHAM. I then inquire of the Chair A BILL declaring warrants for military bounty land assignable, and for other purposes. then I shall insist upon my first motion, to refer

whether or not, after the previous question has Sec. l. Be it enacted by the Senate and House of Reprethe bill to the Committee on the Judiciary: I

exhausted itself, the question may not be reconsentatives of the United States of America in Congress make that motion, and now move the previous sidered? asserabled, That all warrants for military bounty lands question.

The SPEAKER. The question is upon orderwhich have been, or may hereafter be issued, under any law of the United States, and all valid locations of the same

The SPEAKER. The Chair would inquire of || ing the bill to be engrossed and read a third time. which have been, or may hereafter be made, and the sane the gentleman from South Carolina, (Mr. ORR,]

The Chair thinks that as the House is acting upon are hereby declared, assignable, according to such form, whether he designed his motion as a distinct

the direction or recommendation of the Committee and pursuant to such regulations, as may be prescribed bý | proposition, or to be incorporated in the motion

of the Whole, the previons question would not the Commissioner of the General Land Otlice. of the gentleman from Georgia?

apply to the question of engrossment. The quesSec. 2. And be it further enacted, That the registers and receivers of the United States land offices shall hereafter Mr. ORR. I asked that the bill to which I re- tion is now on ordering the bill to be engrossed be severally authorized to charge and receive, for their ser- ferred might go with the bill under consideration

and read a third time, on which the previous vices in locating all military bounty land warrants, the same to the Committee on the Judiciary.

question has been demanded. rate of compensation or percentage to which they are entiiled by law for sales of the public lands for cash, at the rate

The previous question was then seconded. (Cries of “Question!” “Question!''}" of one dollar and twenty-five cents per acre; the said Mr. HALL. I desire to propound a question

Mr. MARSHALL,of Kentucky. If the House compensation to be paid by the assignee or holder of such to the Chair.

should refuse now to order the previous question, warrant, in all cases where the same have been transferred

The SPEAKER. No remarks are in order.

will it not be in order to refer the bill again to the by the soldier or his legal representatives; but in any case in which the warrant has been or may be located by and for The main question was then ordered to be put.

Committee of the Whole on the state of the Union? the use of the warrantee or his heirs, no compensation shall Mr. HALL. I now desire to inquire whether,

The SPEAKER. It will. be charged by the register or receiver for any services they if the House refuse to refer the bill, it will not then

Mr. EVANS. How will this previous quesmay render in making such location; and the provisions of be in order to put it upon its passage?

tion operate? the act of 17th May, 1848, requiring "the holder of military land warrants to courpensate the land officers of the United

The SPEAKER. It will be in order to move

The SPEAKER. To bring the House to a States for service in relation to the location of those war- that it be engrossed and read a third time.

vote upon the question of ordering the bill to be rauts," be, and the same are hereby repealed.

Mr. STANTON, of Ohio. I desire to ask how engrossed for a third reading. Sec. 3. And be it further enacted, That the franking the gentleman from South Carolina (Mr. Orr) has

Mr. EVANS. I then rise to a question of orprivilege be, and the same is hereby extended to the principal clerk of public lands of the General Land Office. got his bill before the House?

der. I submit that the bill takes its place in reguMr. BISSELL. Is there any motion before

The SPEAKER. By the unanimous consent lar order upon the Speaker's table, and comes up

of the House, the gentleman from South Carolina under the 27th rule, after messages, executive the House? The SPEAKER. Nothing except the report along with that before the House, to the Judiciary was permitted to move that his bill be referred, communications, bills and resolutions from the

Senate on their first and second reading, engrossed of the Committee of the Whole on the state of Committee. If the gentleman desire it, however,

bills and bills from the Senate on their third rendthe Union, Mr. BISSELL. Then there is nothing before

the question will be taken separately upon the ref- || ing, according to the provisions of that rule. It erence of each bill.

comes up in the fifth order, and not in the first, the House. Mr. ORR. The report of the Committee of the

Mr. STANTON. Well, I make it as a point and cannot be now taken up on the question of

of order, that the gentleman from South Carolina engrossment without the unanimous consent of Whole is before the House, and the question is on had no right to introduce his bill.

the House. The 27th rule 'expressly provides concurring with the recommendation of that com

The SPEAKER. It was introduced by unani

that it shall be the fifth business in order. mittee. I submit that that is the motion. mous consent.

The SPEAKER. I overrule the point of order Mr. STEPHENS, of Georgia. I understand Mr. STANTON. But there was no opportu

made by the gentleman from Maryland, (Mr. that the question now pending is to refer the bill nity of making objection.

Evans.) under consideration to the Committee on the Ju- The SPEAKER. The question was pending the Chair, and ask that the 27th rule may be

Mr. ÉVANS. I appeal from the decision of diciary, as recommended by the Committee of the to refer the bill under consideration to the ComWhole.

read. mittee on the Judiciary: The gentleman from Mr. BISSELL. That question could not come South Carolina, by unanimous consent moved, as

The rule was then read, as follows: before the House without a motion, and no such

an amendment, to refer along with it the bill “27. After one hour shall have been devoted to reports motion has been made. drafted by the Commissioner of the General Land

from committees and resolutions, it shall be in order, pendThe SPEAKER. The Chair decides that the Office. The question, therefore, now is to refer

ing the consideration or discussion thereof, to entertain a recommendation of the Committee of the Whole

motion that the House do now proceed to dispose of the both bills to that committee.

business on the Speaker's table, and to the orders of the is now before the House, and the question pending, therefore, is to refer the bill to the Committee

Mr. FICKLIN demanded the yeas and nays; || day, Janunry 5, 1832; which being decided in the affirin. on the Judiciary.

which were ordered; and the question being taken, 1) ative, the Speaker shall dispose of the business on his table there were—yeas 82, nays 81; as follow:

in the following order, viz:-September 14, 1837. Mr. BISSELL. Is that motion debatable ?

“ 1st. Messages and other Executive communications. – YEAS-Messrs. Abercrombie, Aiken, Allison, John Ap- Il September 14, 1837.

14, 1837.

ble.

**d. Messages from the Senate and amendments pro- order to rise and report it to the House, it was

have been recognized and paid by the United States Gorposed by the Senate to the bills of the House.--September

ernment, shall be considered as having been in the service necessary that each section should be read, and

of the United States, and shall be entitled to the benefit of 1-30. Bills and resolutions from the Senate on their first amendments thereto, if any, should be considered the act 10 which these resolutions are explanatory. aod second reading, that they be referred to committces and in the committee. We had not concluded delibput under way; but if, on being read a second time, no

[Mr. WILDRICK, from the Committee on motion be made to comunit, they are to be ordered to their erations upon the first section, when the motion

Enrolled Bills, reported to the House, as correctly third reading, unless objection be made; in which case, if

was made that the committee rise, and report the enrolled, the joint resolution providing for printing not otherwise ordered by a majority of the House, they are

bill, to be laid on the table in the general file of bills on the

Mr. OLDS. I call the gentleman to order. We It was then signed by the Speaker.]

of additional copies of the Journals and documents. Speaker's table, to be taken up in their turn.--September are not in committee but in the House, and the 14, 1837.

The question recurred on ordering the bill to be 2:46h. Engrossed bills and bills from the Senate op their gentleman has no right to refer to what was trans

engrossed and read a third time. third reading, - September 14, 1837. acted in committee.

'The «5th. Bills of the House and from the Senate, on the

and nays were demanded and ordered.

yeas The SPEAKER. The Chair overrules the Speaker's table, on their engrossment, or on being ordered

Mr. CARTTER. Is it competent, under the point of order taken by the gentleman from New operation of the previous question, to call for a to a third reading, to be taken up and considered in the order of time in which they passed to a second reading.

Hampshire. The bill was referred back to the "The messages, communications, and bills on his table, House by the committee, with the recommenda- | There is a rute somewhere, but I do not know

separate vote upon each section of the resolution? having been disposed of, the Speaker shall then proceed to tion that it be committed to the Committee on the call die anders of the day.-September 14, 1837.”

where it can be found. Judiciary. The House refused so to refer it. Mr. RICHARDSON. What question can arise

Mr. WELCH, (in his seat.) Rule 53. The Chair decided that the previous question had

Mr. BISSELL now upon the report of the committee after that not exhausted itself; and the House is brought still in force, I call for the question.

If the previous question is report has been aceed upon?

now to a vote directly upon the question of enMr. EVANS. I had the floor upon the bill.

[A_message in writing was here received from grossing the bill. The SPEAKER. The question is not debata

the President of the United States; which in a

Mr. TUCK. I appeal from the decision of the subsequent part of this day's proceedings was Mr. RICHARDSON. I move that the appeal the Chair.

laid before the House.)

Mr. RICHARDSON. I move that the appeal be laid upon the table.

Mr. JONES, of Tennessee. I wish to make a be laid upon the table. Mr. CLINGMAN. I hope that by general Mr. C'ARTTER. I rise to a privileged ques

question of order at this time. consent the 50th rule may be read, which governs

The SPEAKER. The Chair would remind tion. I move the House do now adjourn. this case and shows that it is now covered by the The question was taken, and the House refused is not in order to make explanations.

the gentleman that while the roll is being called it previous question. The previous question is not

to adjourn. exhausted.

Mr. JONES, of Tennessee. This bill makes The question was then taken upon the motion The 50th rule was then read, as follows: of Mr. 'RICHARDSON to lay the appeal upon the

an appropriation of $500,000. “The previous question shall be in this form : “Shall the

Cries of “Call the roll!” " Call the roll!" table, and it was agreed to. main question be now put?' It shall be only admitted when

Mr. BRENTON, when his name was called, demanded by a majority of the members present; and its Mr. COBB. I find we are getting into consid- asked to be excused from voting, as he was effect shall be to put an end to all debate, and bring the erable difficulty.

included under the exceptions contained in the House to a direct vote upon a motion to commit, if such mo- The SPEAKER. The gentleman is not in orton shall have been made; and if this motion does not

40th rule. der. prevail, then upon ainendments reported by a committce,

The question being put and taken upon ordering aay—then upon pending amendments, then upon the

Mr. COBB. I rise for personal explanation. the bill to be read a third time and engrossed, it bain question."

The SPEAKER. The gentleman from Ala- resulted-yeas 89, nays 66; as follows: Mr. CLINGMAN. In the confusion that oc- bama is not in order.

YEAS-Messrs. Abercrombie, Willis Allen, Andrews, curred I did not understand the Chair to decide Mr. CARTTER. I call for the reading of the Ashe, Bartlett, Bennett, Bibighaus, Bissell, Breckenridge, that the previous question was exhausted. If so, third section.

Albert G. Brown, Busby, E. Carrington Cabell, Caldwell, I should have appealed from that decision; and I Mr. RICHARDSON. I object.

Chastain, Churchwell, Clark, Cleveland, Clinginan, Cobb, respectfully request the Chair to inform me of the Cries of “Let the bill be read!"

Conger, Cullom, John G. Davis, Doty, Dunham, Eastman,

Faulkner, Ficklin, Fitch, Florence, Gamble, Gaylord, operation of that decision if it has been made. It Mr. CABELL, of Florida. I move that when Gentry, Giddings, Gorman, Grey, Hall, Islam G. Harris, will be seen by the rule quoted that the previous this House adjourns it adjourn to meet on Friday

Sampson W. Harris, Hascall, Hendricks, Hillyer, John W. question has not been exhausted, and it has been next.

Howe, Thomas M. Howe, Jackson, Andrew Johnson, John

Johnson, Robert W. Johnson, J. Glancy Jones, Kuhns, the every day practice of all the Congresses of The question was then taken, and the motion Kurtz, Lockhart, Mace, Humphrey Marshall, Martin, Mowhich I have been a member. I desire to take an was agreed to.

lony, Morehead, Murphy, Nabers, Olds, Peaslee, Penn, appeal from the decision of the Chair.

Polk, Porter, Powell, Rantoul, Richardson, Riddle, Robin

The bill was read, as follows: Mr. FICKLIN. There is an appeal now pend

son, Sackett, Sarage, Smart, Benjamin Stanton, Richard H. Resolved by the Senate and House of Representatives of Stanton, Abr’m P. Stevens, Stone, Stuart, Sweetser, Tay

the United States of America in Congress assembled, That lor, Thurston, Venable, Walsh, Ward, Washburn, WatThe SPEAKER. I am inclined to believe that nothing in the act appoved September 28, 1850, "granting

king, "Welch, Addison White, Wilcox, Williams, and my decision upon that subject was wrong.

bounty land to certain officers and soldiers who have been Yates-09. M. EVANS. I admit that if the previous ques

engaged in the military service of the United States,” shall NAYS-Messrs. Aiken, Allison, John Appleton, William tica is peading, I cannot take an appeal. But that be so construed as to prevent the sale and transfer of any

Appleton, Averett, Babcock, Bocock, J. H. Boyd, Bragg, certificate or warrant issued by virtue of said act, prior to the Burrows, Joseph Cable, Lewis D. Campbell, Cariter, Chapis not the question. It is whether the previous location of the same, or the issue of the patent thereon. man, Curtis, George T. Davis, Dockery, Durkee, Edmundquestion is pending or not. I submit to the Chair, Sec. 2. And be it further resolved, That the registers son, Evans, Floyd, Fowler, Thomas J. D. Fuller, Goodwhether I am not entitled to debate the bill.

I do

and receivers of the United States land offices shall here- enow, Grow, Harper, Haven, Hebard, Hibbard, Houston,

after be severally authorized to charge and receive for their Howard, Hunter, Ingersoll, Ives, James Johnson, Daniel Det vish to occupy many minutes. services in locating bounty land warrants, the same rate of

T. Jones, George W. Jones, Geo. G. King, Preston King, The question was then taken upon the motion compensation or percentage to which they are entitled by Landry, Letcher, McDonald, Meacham, Millson, Henry D. of Mr. RICHARDSON to lay the appeal upon the law for sales of the public lands for cash, at the rate of

Moore, Newton, Orr, Andrew Parker, Penniman, Perkins, table, and it was decided in the affirmative.

81 25 per acre, the said compensation to be hereafter paid obins, Robie, Scudder, Scurry, David L. Seymour, Ori

by the assignees or holders of such warrants, in all cases gen 8. Seymour, Skelton, Smith, Alexander H. Stephens, The SPEAKER. The Chair is disposed to re- where the same have been transferred by the soldier or his

Sutherland, George W. Thompson, Townshend, Tuck, view its decision, and his opinion is, that the pre- legal or personal representative, under the provisions of the Walbridge, Wallace, and Wildrick-66. rious question is not exhausted, and does apply acts of Congress, and the regulations of the General Land So the motion was agreed to. to the engrossment and reading of the bill a third Office on that subject, and to be paid out of the Treasury of

Mr. HARRIS, of Tennessee. I move to recontime.

the United States, upon the adjustment of the accounts of

such officers, where it shall be shown to the satisfaction of sider the vote by which this bill was ordered to be * Mr, DUNHAM. I rise to make an inquiry, the General Land Office that the same was located by the engrossed and read a third time, and to lay that whether, if we now go on and order the bill to be soldier or warantee, or in case of his death by his next of

motion upon the table. engrossed, the previous question will not have ex

kin, as provided by the acts of Congress aforesaid. hausted itself? Sec. 3. And be it further resolved, 'That the said officers,

Mr. MARSHALL, of Kentucky. I call for a whether in or out of office at the time of passage of this

division of the question. The SPEAKER. It is very true. It is not act, or their legal or personal representatives in case of Mr. JONES, of Tennessee, called for the yeas nov in order to interrogate the Chair upon that

their death, shall be entitled to receive from the Treasury subject. The Chair will, however, decide that

of the United States, for similar services heretofore per-
formed in such cases, an amount equal to the compensation

The SPEAKER. It is not divisible. question when it comes up in order.

provided for by the first section of this act, after deducting Mr. STEPHENS, of Georgia. The question Mr. MARSHALL, of Kentucky. I move that the amount already received by such officers under the act is divisible, and the first question is upon laying the House resolve itself into a Committee of the entitled “ An act to require the holders of military land

the motion to reconsider upon the table. If that Whole on the state of the Union, with a view of

warrants to compensate the land officers of the United
States for services in relation to the location of those war-

motion is voted down, then the question will recur taking up this bill.

rant,” approved May 17, 1848 : Provided, That no register upon the reconsideration. Cries * Not in order!" from different parts of or receiver shall receive any compensation out of the The SPEAKER." By the option of the House the Hall.

Treasury of the United States, for past services, who has Mr. JONES, of Tennessee. You cannot get it charged and received illegal or exorbitant fees for the loca

it may be divided, but cannot by the Chair. tion of such warrants.

The question was then taken upon laying the there.

Sec. 4. And be it further resolved, That nothing in the motion to reconsider upon the table, and it was Mr. MARSHALL. My motion was made

first section of the act of the 28th of September, 1850, granting not agreed to—ayes 47, noes not counted. with the idea that the previous question had not bounty land to certain officers and soldiers who have been

Mr. DUNHAM. I believe the previous quesengaged in the military service of the United States, shall be been ordered by the House at all. I understood so construed as to exclude any commissioned or non-com

tion has now exhausted itself, and I hope the mothe Chair decided that the previous question had missioned officer, musician, or private, whether of regulars, | tion to reconsider the vote by which the bill gas. exhausted itself. volunteers, rangers, or militia, who was mustered into the

ordered to be engrossed and read a third time may service of the United States for the suppression or prevenThe SPEAKER. The Chair decided that the previous question had not exhausted itself. The

tion of Indian hostilities, and served the length of time re- 1 prevail; for if it

quired by said act, or whose services were subsequently Mr. STEPHENS, of Georgia. I rise to a point question now recurs upon ordering the bill to be recognized by the United States.

of order. The bill having passed under the operengrossed for a third reading:

SEC. 5. And be it furthur resolved, That in all cases Mr. TUCK. I submit that this bill was in where the militia or volunteers, or State troops were called

ation of the previous question, the motion to out under the laws or executive authority of any State, and

reconsider is not debatable. Committee of the Whole, and before it was in who served in defence of the country, and whose servica

The SPEAKER. The opinion of the Chair is,

and nays.

that the previous question has been exhausted, Florida (Mr. CABELL) designs to offer to the bill, condemned. It was stated during the discussion, and that ihe motion to reconsider is debatable. in case the vote to reconsider prevails. To open by a gentleman from Ohio, of great experience and

Mr. DUNHAM. I hope the motion to recon, the virgin lands of the territories to the liability of great wisdom, (Mr. Vinton,) that applications for sider the vote by which the bill was engrossed being taken by the holders of these warrants, is a these gratuities of land had been before Congress and read a third time may prevail. If it does, I measure which I can never support. I had the for about twenty-five years, and had always been mean to make a motion to refer the bill to a select ! pleasure during the last summer to travel through refused. The applications had been examined at committee where it may be fully considered. several of the Western States, and into one of the every Congress and condemned, first because of

Mr. BRECKENRIDGE. I wish to say a word Territories. In Minnesota I found men who had want of merit in the applicants, who had been upon that motion to those having constituents in- removed from Ilinois and Wisconsin to escape the paid for all services they had performed, and thereterested in these land warrants. I am in favor of eflect of such a provision as the gentleman from fore deserved nothing, in justice; and secondly, the reference of the subject to a select comunittee. Florida proposes, by his amendment, to make because the policy of our legislators had always By the bill as it now stands the holders of these general throughout the Territories and our whole condemned all schemes of plundering the public warrants are limited in the location of them to the domain. These men gave me as the only reason Treasury, or the public domain. Yet a law did lands in the market at the time the bill was passed. for leaving the fertile fields and prairies of those pass the last Congress of unparalleled amplitude, Since that time great quantities of lands have been | Staies, that the villages which they had commenced : giving lands to an immense number, which it is brought into market. Should you not adopt an to build up by hard labor, amidst the inconveni- now proposed to follow up, hy a precipitate enainendment including the lands that were brought ences of a frontier life, had become surrounded actmentofanother law ofunestimated and unknown into market after the passage of that bill, it will be by the lands of those who had bought up and capacity. If gentlemen, after examining the law, practically excluding the holders of land warrants located land warrants, and who, amidst the luxu- | and ascertaining what it means, and what it is to from the best portion of the public domain. ries of eastern cities, were waiting for their lands accomplish, are inclined to vote for it, so be it. I

Mr. CABELL, of Florida. Will the gentle- to be made valuable by the hard labor of the shall not be captious, but strull content myself man allow me to say a word?

western farmer. They told me that they would with the opposition which one member can make, Mr. BRECKENRIDGE. Certainly, sir. no longer work to develop a country, when the | and which my own judgment dictates.

Mr. CABELL. I propose to the gentleman land about them, without an inhabitant upon it, Let me say a few words in regard to the first from Kentucky that he will offer as an amend- was to be enhanced in value by their labor only; section of the bill, which relates only to the making ment such as I send to the Clerk's table,

and to escape such a necessity they had gone to of land warrants assignable. We have been in Mr. BRECKENRIDGE. I will cheerfully Minnesota, where land warrants cannot be located 'Committee of the Whole House, and have heard yield to an amendment that will accomplish my by the laws of the country, and where the actual many remarks upon this section; but it has not purpose.

inhabitants own the soil. These men were those yet been stated, what I now say, that some ten Mr. HOUSTON. The amendment is not in who live by the sweat of their brows—honest citi- | days ago a bill passed this House, and is now beorder.

zens, desirous only of earning a livelihood and fore the Senate, making land warrants assignable. Mr. CABELL. I do not propose to amend competence, by hard labor and

patient industry. This section is entirely unnecessary, and can do the bill. This question is open to discussion, It may be that the only satisfaction we shall de- nobody any good. I voted for the other bill, and and I only desired that the proposition should rive from attempting to arrest the passage of this I have no objection to the reënactment contained be read, with a view to carry out the pur- bill, will be to gain the privilege of giving a de- in this section, if one reason could be given for it. poses of the gentleman from Kentucky, (Mr. liberate vote against it. That satisfaction I hope to I do not believe that such reduplication in the BRECKENRIDGE.] I will state to the gentleman have, and also that of calling the attention of the labors of this branch of Congress is becoming, asfrom Kentucky, and to the House, that when this House to some of my objections to its provisions. I suming, as it does, that the attention of the Senate bill granting bounty lands originally passed, it had I call the attention of members to the fact, that may not be attracted by doing a thing over once. no such provision attached to it as that which he this bill has its present place ahead of all other | It will also lead to confusion. proposes to repeal. All lands, subject to entry at business, because we have, in regard to this I will only say in regard to the fifth section of the time of making the application to locate the measure, dispensed with the formalities, require the bill, which is designed to give bounty lands to bounty, lands, were open to the soldier. At the ments, and tests which are required in all other such State troops as have been recognized and paid succeeding session of Congress, a gentleman from cases. This bill has been to no standing commit- | for by the United States, that the section does not Ohio, no longer a member of this House, (Mr. lee, has never been considered in Committee of enlarge in the least the law of 1850, as now adVinton,) who seemed to be specially anxious to the Whole House, except the first section of it, ministered. Such claimants are now allowed prevent new States from acquiring benefits which and is now attempted to be forced through, under bounty lands, as any one may learn by inquiring had been conferred most liberally upon his own, the operation of the previous question. I am un- of the Commissioner of Pensions. introduced, at what time I know not, in a bill able to understand the occasion of this hot haste, The second and third sections in regard to pay: having no connection with bounty lands whatever and undignified rapidity of legislation, unless ments to assistant registers, I have not examined a 'proviso, to repeal which the gentleman from Ken- speculators in warrants are impatient to have a with much care. As at present inclined, I interlucky now makes his motion. In one of the gen- | good branch of business opened to them for the pose no objection. I believe that all officers should eral appropriation bills of the preceding session, a winter. Gentlemen may suppose that the multi- have fair compensation for their services, and if it proviso was introduced, providing that no land plication of land warrants by this bill will espe- be the intention of these sections to secure such a bounty for military services granted by the act of cially benefit the Western 'donees of the land. | purpose, I shall give them my support. I consider the 28th of September, 1850, entitled "An act They may be right in this supposition, but I can the fourth section of the bill creating the new class granting bounty land to certain officers and soldiers assure them that the sharp-sighted speculators of of land warrants, as before stated, to have an who have been engaged in the military service of the Atlantic cities will divide the spoils with them. overwhelming importance, which throws all the the United States, or by virtue of any other act of They will buy the warrants at a great discount, other sections into comparative insignificance. To Congress heretofore passed granting land bounties 1 locate them in large or small parcels in all parts that I have exclusively directed my aiten tion, for military services, shall be satisfied out of any of the West, and patiently wait at home for the leaving others to examine the other provisions of public land not heretofore brought into market, Western men to give a high value to these lands the measure. I entreat gentlemen to consider the and now subject to entry at private sale under ex- by labor and toil, in which the speculators will great feature of this bill, and to consider the policy isting laws. This was a proviso to the civil and

not participate. The lands will thus be held in a of this extravagant appropriation of the public diplomatic appropriation bill. In that way it sort of mortmain, and the new States be cursed domain, as well as the effect of it upon the new passed the House, and, as I think against the sense by the sharpers, who refuse to take a share in the States, before they give to it the sanction of their of the House. I intend, when it shall be in order, hardships of that frontier life, by which they at- support. Let it go through the ordinary stages to offer an additional section to the bill, to repeal tempt to become enriched.

of legislation, and be tried by those tesis which that clause of the civil and diplomatic bill, thus: This bill has been talked about yesterday and are thought necessary in laws which have not one

And be it further resolvcd, That so much of an act entitled to-day; but until within a short time, we have thousandth part of the importance of this. Under " An act making appropriations for the civiland diplomatic not heard a word upon that part of it which the fourth section of the bill there is concealed a expenses of Government for the year ending the 30th June, gives to it its chief importance. The great feature 1852, and for other purposes," as provides that no land

monster, whose talons may pierce the new States, bounty for military services granted by the act of the 28th of

of the bill is contained in the fourth section. To and curse them for many years. I cannot preSeptember, 1850, entitled An act granting bountyl and to that section, I invite the particular attention of tend to drag him forth and destroy him. I content certain officers and soldiers who have engaged in the mili- this House. It proposes to grant bounty lands to myself with only pointing to the place where he tary service of the United States,' or by virtue of any other

all who have been engaged since 1790 in the sup- lies concealed. act of Congress beretofore passed, granting land bounties for military services, shall be satisfied out of any public land pression of Indian hostilities. It creates a new I did not rise with the purpose of occupying so not heretofore brought into inarket, and now subject to entry class of beneficiaries for bounty land, indefinite in much of your time. As I said at the outsel, I at private sale,imder existing laws,” be and the same is number, and to an extent unestimated and un- fear, from the indications about me, that opposition hereby repealed. known.

will be fruitless, and that I must content myself Mr. BRECKENRIDGE. The proposition is The attempt is made to force this law to the with the enactment of a bad law, by the reflection not now in order. It is evident that ihe gentleman last stage of enactment, when no gentleman has that I opposed and voted against it. I have pointed from Florida and myself are aiming at the same yet proposed to lay before us any estimate what- out some of my objections to the bill, and I close. thing. I rose merely for the purpose of explaining ever of the extent of land which will be appro- Mr. RICHARDSON. The gentleman from a portion of the bill, and of showing the importance priated under the operation of this law. Does New Hampshire (Mr. Tyck] has opened a disof amending it in the manner suggested." I hope this haste become us? Is it necessary for the cussion here as to the effect upon the new States the friends of the soldier will vote for the reference, i friends of the law to deny us light, and io force a of the resolution now before us for consideration. and «for giving this privilege to holders of land vote without knowing themselves, or permitting I have thought, and still think, that the Repre

others to know, anything of the amplitude of isentatives from the West understand her interests. Mr. TUCK. I am in favor of the reconsidera- the provisions of this law?

They have not been accused heretofore of any tion moved, although I would oppose it, if nothing Let me call the attention of the House to the fate negligence in this respect. The gentleman is influenced me but the reasons which have hitherto of the proposition contained in the fourth section, | very much afraid that our interests will be negbeen assigned in its favor. I am decidedly opposed in the last Congress. It was then thoroughly | lected and forgotten. Well, for one, I heg leave to the amendment which the gentleman from discussed, and, after mature consideration, was to say, that I think we understand the interests of

warrants.

the West quite as well as the gentleman from lic lands, we were enabled in the last year to receive and pantaloons of the citizens-a domain that beNew Hampshire. The gentleman says that he is from that source more than two millions of dollars. longs, (if tax-paying constitutes any rule of judgopposed to certain provisions in this bill, because we had another view, or at least I had, in advo- ment in the premises,) not to the States, as some they open a door to speculation. How, sir? We cating the adoption of the provision to which my have contended, or to the corn-stalk army; but kave watched the operations of the bill as it now friend from Florida has referred. I shall not imi- that belongs to the individual citizens, in rights exists, and how has it been? The speculator tate the example of the gentleman from New secured by individual taxation, and that is to be who buys the land or buys the warrant without Hampshire, (Mr. Tuck,) and undertake to in- compensated for, when it is alienated by the Fedan assignment upon the back, buys it at a far less struei these Western members as to what is their eral Government, in the same description of taxaprice than he would if he got the assignment, be interest, because in my experien here during tion. Nevertheless, it is doomed to go, and I do cause he is to run the hazard of getting the title. five Congresses I have found that they are exceed- not raise my voice against its alienation, for it The man who intends to buy him a home, and ingly smart and adroit in taking care of them- would be impotent for that purpose. who has only money enough to do it, is not going selves.

But to the question of financiering as connected to run any chance in speculation. It is only the Mr. TUCK. I wish to say to the gentleman, with this subject. We are proving ourselves speculator who will do it.

that I defy him or any other member who heard abundantly profligate in throwing away the public Mr. TUCK. It seems I was not fortunate my remarks, to find one word that assumed any domain, and not only that, but abundantly proflienough to make myself understood. I voted for position or any right to instruct members from any gate in drawing out of the public Treasury money the law which passed a few days since, making part of the country,

outside of the domain, to provide for its distributhese land warrants assignable. The gentleman Mr. BAYLY. 'If that is the case, let the matter tion. You not only tax the citizen by his conmisunderstood me. I said I am opposed to any i drop. That was the understanding of my friend tribution to the Federal Treasury, for the purchase proposition subjecting the public domain to entry from Illinois [Mr. RICHARDSON) of the speech of of this domain, but you propose by this bill to tax by these land warrants, for the reason that it the gentleman from New Hampshire. It is a him further in the process of giving it away to would open all the new Territories to the specu- small matter any way. I had another view in patriots. What is the third section of this bill? lators; and to this I am opposed.

wishing to confine the location of these warrants It says, " afficers, whether in or out of office.You Mr. RICHARDSON. I understood the gen- to lands already in market. My own decided are not content with paying officers in office, and teman from New Hampshire, I think. What | opinion is, that it is the policy of this Government with prospects for the future, but you pay men reason ist here that this Government should not give to withdraw its proprietorship over the public i whether in or out of office-the rest of mankind. the privilege to enter land in Minnesota as well lands within the States as rapidly as it can be done (Laughter.] as in Illinois? Can the gentleman assign any good with propriety. I knew that the public lands in Mr. BISSELL. Will the gentleman from Ohio reason? He says the effect of it is, to drive our nearly all of the States had already been surveyed permit me-as I may not be able to get the floor population from Illinois to locate in the Territo- and were in the market; and I knew, also, that by when he shall have concluded—to say a word or ries, where they will not have to meet competi- | confining the location of these warrants to such two upon that third section? tion from the speculator holding these land war- lands, it would compel the extinction, to the extent Mr. CARTTER. Well, perhaps I might if I rents. Has not your Government perpetrated of these warrants, of the Government proprietor- knew what you were going to say. fraud by pretending to give the public domain to ship in these cases. I did not regard it as a matter Mr. BISSELL. What I should say would be your citizens for public services, when it only of any hardship to these soldiers, because there directly against what you are saying, and it would gives them the refuse of the lands? Can the gen- are in these States, now open to private entry, as be based upon the bill itself which you misappresleman assign any reason why an individual who fine lands as there are on the face of the earth. It hend entirely: has his warrant from Government for land, should was for these reasons, and not from any disposi- Mr. CARTTER. I may misapprehend the pot locate in Minnesota as well as in Illinois : | tion to do injustice to warrant holders, that I felt bill, but it certainly reads, that " said officers, The gentleman says that the question was dis- it my duty, in the position I then occupicd, to hus- | 'whether in or out of office at the time of the passage eussed in the last Congress, and that the subject band the resources of Government as much as I of this act, or their legal or personal representawas perfectly understood. I concur with the could. In doing that, I was pleased to find that I l .tives, in case of their death, shall be entitled to statement made by the gentlenian from Florida, was at the same time carrying out this very policy receive from the Treasury of the United States(Mr. CABELL,) that the amendment restricting the of the Government, to which I have referred--that not from the revenues of the public domain, not location of the warrants to the lands then in mar- is, the extinction of the proprietorship of this from the fund proposed to be distributed by this ke, found its way through this House covertly; Government over these lands.

bill, but from the general revenues of the United that its purpose was not avowed, nor was it under- Mr. BISSELL. The land warrants throughout States. stood. I understand from gentlemen around me, the West might have been located in the State of Mr. ORR, (interrupting.) I desire to make a that it came from the Committee of Ways and Illinois, and still there would be three millions of suggestion to the gentleman. Is he aware that Means in one of your appropriation bills, and acres left there now.

that applies also to the Mexican bounty land warunder the plea that it would have checked the Mr. BAYLY. That was the policy I pur- rants that have already been paid ? wheels of Government, unless these lands were sued.

Mr. CARTTER. "Precisely so. It is a bill ent off from the soldiers. Thus it was that the Mr. CARTTER. I will trespass upon the time in the past, present, and future tenses; providing hell was passed. I think, however pertinent this of the House but a few moments. I hope that for the dead and the living; for men in office and Focle discussion may be at this time, that there the motion to engross this bill may be reconsid- out of office. A more flagrant and profligate measis an appropriate place for the discussion of all i ered, for I understand by gentlemen best acquintedure for drawing money out of the public Treasury, these questions. I want this thing disposed of, with the rules of the House, that they permit an it appears to me, has never been submitted to this and for the purpose of producing this result, i expression of the sentiment of the House in refer- House. Is it not enough in all conscience to tax mote the previous question.

ence to the merits of the bill, and that they also the American citizen to fill your public Treasury, Mr. BAYLY. I wish the gentleman would tolerate amendments. My objections to the bill and then give away the resources that have been withdraw his call for the previous question for a are not of the character that have been alluded to, il purchased by his taxation, without drawing upon few moments.

and do not obviate the objection of throwing away the public Treasury to provide the ways and The call being withdrawn

the public domain. I am done with that poini; | means by which it shall be given away! I regard Mr. BAYLY resumed. I only desire to say a but my prayer now is, that my friend from it as an outrage upon the private rights of the citiword in reference to the remarks of my friend from Tennessee (Mr. Johnson) may urge forward his zen who has not had the gratification of shoulderFlorida, (Mr. CABELL,) and my friend from Illi- measure for the distribution of the public domain ing a corn-stalk. pois, (Mr. RICHARDSON,) in respect to the provis- among men who will till and occupy it. The Mr. MARSHALL, of Kentucky. Will the ion contained in the civil and diplomatic bill passed measure will succeed. The struggle in regard to gentlemen permit me? at the last session of Congress. It was true that this bill, and every bill of a kindred character, Mr. CARTTER. I mean no disrespect to the that amendment was moved by the gentleman | which has come before this body since I have had officers of the late war. (Laughter.) from Ohio (Mr. Vinton) at that time, and that I the honor of a seat here, has been a mere scramble Mr. MARSHALL. I supposed the gentleman aided him zealously in passing it. I therefore feel among speculators to plunder the public domain. had finished. myself quite as responsible for that amendment as In the pursuit of this measure, you have hunted Mr. CARTTER. I will give way to the genthe gentleman from Ohio. The motives which up all the patriots that ever shouldered a musket, tleman. actuated us were these: At that time it was almost and they have even got warrants for corn-stalk Mr. MARSHALL.' I did not rise with the incertain that unless we husbanded the resources of service in the States. We have exhausted this tention of replying to the gentleman's remarks, this Government very carefully, we should have to avenue to the expenditure of the public domain; | but merely to say that it must be apparent to the resort to loans to carry on the Government. A for every man that ever heard or smelt powder, or House, that the course of this proceeding had loan had been recommended by the Secretary of that had a great-great-grandfather that ever did; thrown the friends of a measure similar to this into the Treasury,and I felt it my duty, in the position has been provided for as a patriot in the public a position on which they must either have enwhich I then occupied, to take every means in my service. (Laughter.) I know that this way of grossed the bill or killed it, and it is to be hoped power to obviate that necessity. We desired to talking is a little unpopular. The army, and every- i that the House will now unanimously agree to the confine the location of these warrants to lands body that ever heard of it, is canonized, and I am reconsideration, and to the commitment of the bill which had been already in the market, in order aware that I run some little risk of getting into either to the Committee of the Whole on the state that we might still continue to get some revenue collision with this patriotic force. Nevertheless, of the Union, or to a select committee, with a view from the public lands which at that time I thought no gentleman will differ with me in this, that, in that a bill may be brought in here upon which we would want very much. I have not seen the the wide range of public benevolence, in the direc- l gentlemen can expend their eloquence and their report of the Secretary of the Treasury, and I tion of military seryice, they have got them all in energy. I move the previous question. am not able, therefore, to say with any great con- -corn-stalks and all.

The CHAIRMAN. Does the gentleman from fidence whether this source of revenue from the But, sir, my objection to this bill is, that we are Ohio (Mr. Cartter) yield the floor for that purpublic lands can now with safety be dispensed | exhibiting our financiering talents; we are making pose? with. By the operation of this provision, not- an exhibition of our abundant capacity to throw Mr. MARSHALL. The gentleman yielded withstanding the predictions that this bounty land away the public domain-a domain purchased out the floor absolutely. bill would cut off the entire revenue from the pub- ll of the general Treasury, and paid for in the coats Mr. JONES, of Tennessee. I understood the

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