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a law authorizing him to surrender his patent for a section Another reason for the change suggested, is Mr. WHITCOMB presented the memorial of oi land west of the Mississippi, and that scrip may be
the saving of the 'expense of printing volumes of David A. Cameron, representative and heir of issued to him therefor.
useless matter. By Mr. ROBIE: The petition of Lyman N. Cooke, ask
James Bell, deceased, and assignee of the other ing an increase of pension.
It may be necessary that the proposed abstract heirs of said Bell, praying payment of advances By Mr. STANTON, of Kentucky: 'The memorial of or compendium should be prepared by the head made to the American Army during the revoluGregory Ennes, executor of Philip Ènnes, deceased, ask
of one of the Departments--perhaps the Sec- tionary war; which was referred to the Committee ing payment of a balance due hin on contract for work done on public grounds, and damages for the arbitrary
retary of the Treasury or the Secretary of the on Revolutionary Claims. recission of said contract by the Commissiouer or Public Interior. It can hardly be expected that it could Mr. BRODHÉAD presented a memorial of citiBuildings.
be conveniently done by the Secretary of the Sen- zens of Pennsylvania, New Jersey, and Delaware, By Mr. ROBBINS: A memorial of citizens of Pennsylvania, signed by Arthur B. Coitin and twenty-one others, ate or a committee of either House.
praying the construction of piers and harbors in praying Congress in erect substantial piers on the eastern The subject has been brought to the attention Delaware river and bay; which was referred to side of Reedy Island, is the Delaware river, for the pur- of the Senate somewhat unexpectedly, as I was the Committee on Commerce. pose of making a harbor to protect and shelter the vessels
not aware that a question of this kind would come Mr. BORLAND presented the petition of John navigating said river.
up at this session. I throw out these suggestions | McVey, a soldier in the last war with Great Bril
for the attentive consideration of the Senate, and ain; which was referred to the Committee on PenIN SENATE.
hope they may lead to the adoption of a system sions. Tuesday, January 6, 1852.
by which the evils of the present may be avoided, Also, the petition of L. M. S. Holleville, prayPrayer by the Rev. L. F. Morgan.
and we may be able to condense into a single | ing a modification of the laws relating to the dis
volume what is material for general information. | position of the public domain; which was referred EXECUTIVE COMMUNICATIONS.
By so doing we can greatly increase the circula- to the Committee on Public Lands. The PRESIDENT pro tempore laid before the tion of all the important matter, and at a great Mr. DOWNS presented a petition of citizens of Senate a letter from the Secretary of the Navy, saving of expense." I throw out these suggestions, i Wasiington, in the District of Columbia, praying accompanied by a memorial addressed to the Pres- not with the view of interposing any objection to that Pennsylvania avenue, east of the Capitol, may ident of the United States by the petty officers, the motion of the honorable Senator from Vir- be improved and lighted; which was referred to seamen, and marines, attached to the United States | ginia, (Mr. Hunter,] inasmuch as the report the Committee for the District of Columbia. squadron in the Pacific, asking an increase of pay; | under consideration is one of the most imporiant Mr. FISH presented the memorial of the which was read.
of our public documents, but rather as a notice || Chamber of Commerce of New York, praying Ordered, That it be referred to the Committee on Naval that I intend to call the attention of the Senate to the completion of the light-house on Sand Key, Attairs. the subject hereafter,
on the coast of Florida; which was referred to the REPORT OF SECRETARY OF THE TREASURY. The question was then taken on the motion of Committee on Commerce.
The PRESIDENT. The Chair has received Mr. Hunter, and it was decided in the affirma- Also, the memorial of Thomas B. Cottrell, the annual report of the Secretary of the Treasury | tive.
and the memorial of Frederick Bange and Albert on the state of the finances, which will be read.
THE CUBAN PRISONERS.
Southmayd, praying the establishment of a triMr. HUNTER. I move that, without reading, it be referred to the Committee on Finance,
The following message was received from the
bunal for reviewing the decisions of the late Board and that it be printed. President of the United States, by Mr. M. P.
of Commissioners under the treaty with Mexico; The report was so referred, and it was ordered FILLMORE, his Private Secretary:
which was referred to the Committee on Foreign
Relations. that it be printed. To the Senate of the United States :
Also, a petition of the assistant marshals for Mr. HUNTER. I move that ten thousand
I transmit to the Senate a report of the Secretary of State
relative to the persons belonging to the expedition of Lopez, taking the Seventh Census in Dutchess county, extra copies be printed for the use of the Senate. who were taken prisoners in Cuba and afterwards sent to
New York; and a petition of the assistant marMr. BRADBURY. It was my purpose, Mr. Spain, and who have now been pardoned and released by shals for taking the Seventh Census in St. Lav. President, had I been able to take iny seat here
her Catholic Majesty. The appropriation, the expediency
rence county, New York, praying additional combefore the extra copies of the public documents of the consideration of Congress, with the single additional
pensation for their services; which were referred this session had generally been ordered to be suggestion, that to be available it should be prompuy made.
to the Committee of Claims. printed, to have offered a resolution providing that
MILLARD FILLMORE. Mr. PEARCE presented the petition of Sally a COMPENDIUM or ABSTRACT of the annual public WASHINGTON, January 5, 1852.
J. Matthews, praying compensation for the serdocuments be prepared and printed. It has long The message was read, and it was
vices of her late husband, as clerk in the Treasury appeared to me that something of this kind is im- Ordered, That it be referred to the Committee on Finance. Department; which was referred to the Committee periously demanded. By the mode of printing
of Claims. the public documents now adopted, large numbers of volumes of the President's message and the ac
Mr. SEWARD presented a petition of mer
Mr. FISH presented a petition of citizens of
Albany, and a petition of citizens of Brooklyn, companying documents are printed for general cir- chants, underwriters, and others of New York, New York, praying an appropriation for paying
the expenses of the American contributors to the able matter, a stili greater amount of no public the Straits of Gaspar, and the Java sea, as lie i World's Fair at London; which were referred to interest whatever. These documents sometimes directly, in the tracks of vessels proceeding to and
the Committee of Claims. extend to three or four or more large volumes at a
from China; which was referred to the Committee single session. By a reference to these books, it on Commerce.
Mr. GWIN presented the memorial of Charles will be seen that hundreds of pages are occupied
He also submitted a statement showing the
D. Arfenedson, praying compensation for services with mere details and estimates, of no earthly seramount of gold bullion received at the port of Stockholm; which was referred to the Committee
as Chargé d'Affaires ad interim at the Court of vice except to members of Congress, or possibly | December 1, 1851; which was referred to the ComNew York from California, from January 6 to
on Foreign Relations. for deposit in the public libraries. What possi; || mittee on Finance, and ordered to be printed.
PAPERS WITHDRAWN AND REFERRED. ble interest can it be for us to print and send abroad amongst our constituents, the minute estimates for
Also, a petition of citizens of Rochester, New On motion by Mr. WHITCOMB, it was the various items of provisions and clothing reYork, praying that the bill now before the Senate, Ordered, That the memorial of the heirs of James Bell,
deceased, on the files of the Senate, be referred to the quired at our various naval and military stations? giving further remedies to patentees, may become a law; which was referred to the Cominittee on
Committee on Revolutionary Clainis.
On motion by Mr. BRADBURY, it was contain. We should separate that which is of
Also, a petition of the assistant marshals for Ordered, That the memorial and petitions on the files of
the Senate, on the subject of indemnity for French spoliapublic interest from that which is not, and print taking the Seventh Census, in Ulster county, New
tions prior to 1801, be referred to the select committee on for general circulation only that which is of general York, praying additional compensation; which
French spoliations. interest. I can perceive no way in which this can
was referred to the Committee of Claims. be accomplished, except by the preparation of a
Mr. WADE presented the petition of Zebulon
On motion by Mr. ATCHISON, it was
Ordered, That the memorial of D. D. Mitchell, on the COMPENDIUM or Abstract of the public documents. Parker, praying the renewal of his patents for
files of the Senate, be referred to the Committco on Indian I believe it to be practicable to condense all that is certain improvements in hydraulic power; which Affairs.
was referred to the Committee on Patents and the valuable for general use, into a single volume of
On motion by Mr. RUSK, it was Patent Office. reasonable size, suited for circulation, and with a
Ordered, That the memorial of J. Smith, on the files of good index, made exceedingly valuable and con
Mr. ATCHISON submitted documents in re- the Senate, be referred to the Committee on Military venient. Every individual to whom such a vol: Thompson, and Jesse B. Turley. to indemnity for lation to the claim of Henry C. Miller, Philip W.
Affairs. ume should be sent, would have the substance of cattle stolen by the Osuge band of Indians; which
On motion by Mr. McRAE, it was the documents, showing the operations of the Gov
Ordered, That the petition or George Poindexter, on the ernment, and all that is of value to him, in a conwere referred to the Committee on Indian Affairs, files of the Senate, be referred to the Committee on Military
Affairs. venient form,
with the papers on file relating thereto. It would be a volume which, for its compactMr. SUMNER presented two petitions of citi
On motion by Mr. BRADBURY, it was ness and convenience, would be worth more to zens of Massachusetts, a petition of citizens of
Ordered, That the memorial of J. K. F. Mansfield, on the the general reader than the whole set of annual New Jersey, and a petition of citizens of New
files of the Senate, be referred to the Committee on Military documents, as now published. But it is known Hampshire, praying that the bill now before Conto every Senator that the sets,
as now distributed,
On motion by Mr. PEARCE, it was
Ordered, That the memorial of the Association of the lo one constituent, and one to another. If the Ordered, That they lie on the table.
ward Thompson and others, calling themselves " Old Defull set is sent to each person to whom the first is Mr. BRODHEAD presented a memorial of
fenders” of Baltimore in the war of 1842, on the files of forwarded, the circulation is necessarily confined citizens of Philadelphia, Pennsylvania, praying
the Senate, be referred to the Committee on Public Lands. to a small number of persons, and they have a indemnity for French spoliations prior to 1801;
On motion by Mr. DODGE, it was small library of the valuable and the worthless which was referred to the select committee on
Ordered, That the memorial of Edwin James, Sr., on the bound up together. French spoliations.,
files of the Senate, be referred to the Committee on Public Lands.
Defenders of Baltimore in 1814, and the memorial of Ed
On motion by Mr. SHIELDS, it was
the late fire at the Capitol, and the amendment of by duties which I have neither the time nor comOrdered, That the Committee on Military Affairs be dis- the Senate appropriating dollars for the peiency to perform in a manner or with results charged from the further consideration of the memorial of increase of the Library, reported them back, and satisfactory to myself or useful to the public; and F. Hultman; from the further consideration of the petition recommended their passage.
which, even if I had the time and competency to of Joseph Byrd; and from the further consideration of documents relating to the claim of Mariano G. Vallejo.
He presumed there would be no objection to perform ever so well, were never intended to be On motion by Mr. SHIELDS, it was
the immediate consideration of the bill, and he || performed by any Senator, and are not contem
therefore asked the unanimous consent of the Sen-plated or provided for in the organization of the Ordered, That the Committee on Military Affairs be disharged from the further consideration of the petition of ate to take it up.
committees of this body. hades Browning, and that it be referred to the Commit- The motion being agreed to, the bill was con- This resolution requires the Comunittee on tee of Claims.
sidered as in Committee of the Whole, and the Printing to go out into the streets, as it were, and NOTICE OF A BILL.
blank in the amendment was filled with $10,000. engage in chaffering and bargaining with those Mr. BERRIEN gave notice that he should ask The amendment was ordered to be engrossed, who wish to do this portion of the public work. leave to introduce a bill to be entitled “An act to and the bill as amended was subsequently read a The mere statement of this fact, it seems to me, provide for the removal of obstructions in the river || third time and passed.
shows that the resolution is wrong in this respect, Sarannah, in the State of Georgia.'
Mr. HUNTER submitted the following reso- and imposes duties upon Senators which would BILL INTRODUCED.
lution; which was considered by unanimous con- carry them beyond their legitimate and proper Mr. SHIELDS, agreeably to previous notice, sent and agreed to:
sphere, and utterly incompatible with their other asked and obtained leave to bring in a bill to in
Resolved, That the Committee on Public Buildings be and appropriate duties.
instructed to inquire into the expediency of appropriating a I have said that I do not feel competent to percrease the efficiency of the Army by a retired list
sum not exceeding dollars, to fit up the document for disabled officers; which was read a first and room near the Library and a part of the adjoining passage, for
form the duties required by this resolution. I resecond time by its title, and referred to the Com- the temporary reception of the books of the Congressional peat it with emphasis, and in all sincerity and Library
candor. There are details in the proposed arrangemittee on Military Affairs.
ment of this business which I do not understand, FLOGGING IN THE NAVY. Mr. CLEMENS submitted the following reso
and which I have neither time nor inclination to Mr. GWIN. There was a memorial laid upon lution for consideration:
learn). But the persons whom I propose to subthe table some time ago, which I promised to call
Resolved, That the Committee on Military Affairs be in- stitute in the place of the committee, have the op to-day. It relates to flogging in the Navy. I structed to inquire into the expediency ot' adopting a sepa- qualifications which I do not possess. It is in the more that it be taken up and disposed of.
rate code of regulations for the government of the Marine line of their duty-a duty which they have habite Mr. BRIGHT. A week ago this morning,
Corps of the United States.
ually performed for years past. the joint resolution in relation to the printing of
structed to inquire into the expediency of authorizing the I am not a practical printer, though I have some the returns of the Seventh Census, was made the President of the United States to appoint annually two knowledge of ihe printing and publishing business, special order for to-day, and the morning hour cadets to the Military Academy at West Point, to be edu
from having heretofore been engaged in it; but I has now passed. cated with a view to appointment in the Marine Corps.
do not know enough about it to do this work as it The PRESIDENT. That is the first special WIDOW OF GENERAL BELKNAP.
ought to be done, and as it must be done, if the order.
Mr. SEWARD submitted the following reso- public interest is to be taken care of. To require Mr. BRIGHT. I hope there will be no objec- || lution for consideration:
it of me is to require impossibilities at my hands; tion to proceeding with its consideration now. Resolved, That the Committee on Pensions be instructed and I now notify the Senate and all concerned,
Mr. SHIELDS. But committees have not yet to inquire into the justice and propriety of awarding a pen- that if, notwithstanding what I have said, the been called upon for reports, and I' have one which sion to the widow of the late Brevet Brigadier General BelI wish to present. knap, who served during the late Mexican war with distin
resolution shall pass in its present form, some guished fidelity and ability, and recently died while actively
other member of the committee will have to perThe PRESIDENT. The hour of one o'clock engaged in the public service.
form the duties it imposes, if they shall be perhas arrived, and if the Senator from Indiana calls
PRINTING OF THE SEVENTH CENSUS.
formed at all. But who is the member who will for the special order, that will be the next busi
or who can perform them? Sir, I turn to my asness for the consideration of the Senate.
The Senate proceeded, as in Committee of the Mr. BRIGHT. I withdraw the call for the Whole, to consider the following resolution, intro- | (Mr. Hamlin,).who alone may be supposed to be
sociate on the committee, the Senator from Maine, special order, to give the Senator from Illinois an duced by Mr. Bright, and reported back by the opportunity of presenting his report. Committee on Printing:
competent to perform these duties, and he says that,
like myself, he is not. I am sure then no other Mr. GWIN. If the call of the Senator from · Be it resolved, 8c., That the Joint Committee on Printing
member of the committee is competent. be directed to contract with Donelson & Armstrong for Indiana for the special order is withdrawn, I must
printing the census returns, upon such terms as the commit- In justice to the other members of the commitinsist upon my motion. The Senator from New tee may deem reasonable.
tee and to myself, I must say, I do not oppose Jersey (Mr. STOCKTON] wishes to make some Mr. BORLAND. When this resolution was the imposition of these duties upon us, because Temarks, and I also wish to offer some observa- before the Senate on a previous day, I stated that we are unwilling to perform any amount of labor, tions on this subject. I hope, therefore, that the I should offer an amendment to it. I now pro- l assume any responsibility which may legitimately Demorial will now be taken up.
pose to strike out the words “ Joint Committee on fall to our share. But, sir, because I am convinced Mr. STOCKTON. So far as I am concerned, | Printing,” and insert “Secretary of the Senate that these cannot properly be required of us; and I am quite willing to be satisfied so long as this and Clerk of the House of Representatives." I even if they could be, they exceed our powers of memorial is allowed to lie upon the table; but as shall also move further to amend it, by striking performance. The passage of the resolution, then, soon as it puts its head above the table I shall talk out the word “committee," in the latter part of in its present form, will, in my opinion, result in about it.
the resolution, and inserting “Secretary of the confusion in the public business, and, in all probThe PRESIDENT. The Chair will not call Senate and Clerk of the House of Representa- | ability, defeat the object sought to be accomplished for the special order until reports are made, if the tives," so as to make it read consistently with the by its introduction. On the other hand, if the genSenator from Indiana wishes to withdraw his call first amendment.
tlemen I propose to substitute for the committee, for the special order.
The PRESIDENT. If the former amendment be charged with these duties, there is the best reaMr. BRIGHT. I withdraw the call for the
is adopted, the latter follows as a matter of course. son for believing they will be faithfully and eftipresent.
Mr. BORLAND. I do not offer this amend- || ciently performed. REPORTS FROM STANDING COMMITTEES. ment with the view, as some might suppose, of Mr. CASS. I desire to say one word upon
Mr. GWIN, from the Committee on Naval || defeating the resolution. I offer it in good faith, this subject. It seems to me, that under any Affairs, to whom was referred the bill to establish for the purpose of putting the resolution in what view which we can take of it, this committee is a pavy-yard and depot on the Bay of San Fran- I consider the proper form. I am in favor of the quite as competent to perform the duty as the cisco, in California, reported it with amendments. purpose of the resolution; but I deem it due to the Secretary of the Senate and the Clerk of the
He also made a report on the subject; which Committee on Printing, to myself particularly as House; the members of the committee are as was ordered to be printed.
chairman of that committee, and still more due much practical printers as they are. I believe the Mr. CLEMENS, from the Committee on Mili- to the Senate, that this alteration should be made committee has a clerk, who could collect all the tary Affairs, to whom was referred a bill to in- in the resolution as reported from the committee. necessary facts. There is a good deal of respondemnify the State of South Carolina for money In its present form the resolution proposes to im- sibility about the matter, and it seems to me that expended for the use of the United States in the pose duties upon the Committee on Printing it will be much safer with the committee than war in Florida with the Seminole Indians, reported | which I do not think ought to be imposed upon it, with the Secretary and the Clerk. I wish, for it with amendments.
and which I think calculated to do injury rather myself, that the Committee on Printing may go Mr. DAWSON, from the Committee on Mili- than good to the public service. It requires execu- on with it; and if they do not, I would much tary Affairs, to whom was referred the bill to pro- tive, or rather administrative duties of the com- prefer the appointment of a select committee 10 vide for the payment to the State of Georgia for mittee-a class of duties which are not required | attend to it. I think the responsibility had better
of the other committees of the Senate. It constimoneys expended by the State for horses and
be assumed by a committee of this body than by Equipments lost by volunteers and militia whilst
tutes them an executive board, and imposes upon the Secretary and Clerk. engaged in the suppression of the hostilities of the
them duties analogous to those which are per- Mr. BRIGHT. The practical effect of the Creek, Seminole, and Cherokee Indians, in the formed in every other Department of the Govern- | amendment proposed by the Senator from Arkanyears 1836, 1837, and 1838, reported it without ment by a bureau, at the other end of the avenue. sas would be to let out this contract to the lowest amendment.
I am not opposed to performing any duty which bidder. That, for one, I wish to avoid, for the
the Senate may impose upon me, as the member reason that experience has proved that under that DESTRUCTION OF THE CONGRESSIONAL
of any committee." I think I have labored faith system we cannot get our work done in a suitable LIBRARY.
fully; I know I have labored industriously and || and proper manner, and in reasonable time. It is Mr. HUNTER, from the Committee on Fic | assiduously in the performance of duties which clearly demonstrated that this work, to be valunance, to which was referred the bill from the have been imposed upon the Committee on Print- | able, should be performed promptly, and for its House of Representatives making appropriation || ing, and those duties are well known to be ardu- \| prompt and proper execution we are willing to to meet the expenses incurred in consequence of ous. But, sir, I am opposed to being burdened Il pay à fair price. Hence, the resolution was
the perkelti raumhe printing which is to be done.
framed to pay a fair price, and to give it to gentle- and which not only permits, but encourages bad rated. I take it for granted that the parties men who, we knew, were able to go on imme- faith in the execution of the public work. And who have authorized this application to be made diately with the work. I am sorry to hear the the second obstacle—the most pertinent, perhaps, to Congress are prepared to relieve the Committee honorable Senator say that he is unwilling to un- to be mentioned here, has been found in the action of this great labor, by laying before them the condertake the labor of making the contract and dis- of the Senate itself-in this: that when the com- ditions upon which they propose to do this work. posing of the work. It is a duty which belongs mittee have time and again faithfully performed | They will do it in a manner so simple that it will legitimately to the committee of which he is the their duty, in requiring the terms of the contracts be impossible for the committee to misunderstand chairman. This is a legitimate method of dispos- to be complied with, the Senate, instead of sus- the contract. I am confident that the labor of maing of this branch of the public business. There taining the committee, and thus insuring the king this contract will be taken from the Commitare precedents on the Journal showing that, here- proper execution of the public work, have (inva- tee by facts which will be laid before them by the tofore, we have authorized public printing to be riably, I think I may say, for I can recall no in- | parties. I agree with everything which has been done through the medium of the Committee on stance of the contrary) abandoned and overruled said about the necessity of printing these census Printing; and I hope the honorable Senator will the committee, and sided with and sustained the returns in a manner that will make them a part of reconsider his determination.
faithless contractor. This was the case during the archives of the country, of which we shall not The Joint Committee on Printing of the two the last Congress, as most of the Senators well be ashamed. I hope the Senator will review his Houses can afford to do that which the officers of know; and unless some radical change be speedily || determination, and consent to attend to this work, this body dare not do. They can afford to say made in the system I have spoken of, and also in and, if he does, I am sure he will do it as he althat they will give to gentlemen who are ready the practice of the Senate, there is reason to fear ways does the work which falls into his hands. and qualified to do this work, a fair price for it; that the same things will be done over again dur- Mr. CASS. It seems to be conceded on all and they would not be censured for doing so; but ing the present Congress. In view of this state hands that we have arrived at a position in respect if the officers of the two Houses should do that, of things, consider, sir, the position of the Com- to this business in which there must be some special they would subject themselves to censure; and it mittee on Printing! It surely is bad enough, and contract made. The.census was taken a year and is for the purpose of relieving them that I object the burdens you have already imposed upon us a half ago. It has not been published and laid beto the amendment. I feel quite sure that the Joint are heavy enough, to entitle ús to be spared that fore us yet. I do not believe there is another Committee would be sustained in giving a fair which this resolution proposes to add.
country on the face of the globe in which such price, provided the work were done immediately The advocates of this resolution seem to agree a delay would have taken place. The decennial and done well. For these reasons I object to the with me in condemning the contract system, and term will almost expire before the people get the amendment, and hope it will not be agreed to. speak of this as if it were a remedy for the evils | information contained in this census. So we are
Mr. BORLAND. I repeat that it is not to of that system. In this, I beg leave to say, with treated in all our printing. Where is the Biennial avoid either labor or responsibility that I proposed all respect, they are widely mistaken. The prop- | Register, which should have been laid on our tathis amendment. I am as ready to perform labor osition of the resolution is, that a contract be made, bles ? Shall we get it this session or the next? or to assume responsibility, here or elsewhere, as and it differs from the present evil system in no A SENATOR. Who was to print it? any other Senator. I have never shrunk from material particular. Ii differs only in changing Mr. CASS. I do not know who was to print either. I would remind the Senate, however, in the parties to the contract, and allowing latitude it; but it should be here. The law contains a prosupport of what I have already said, that the for paying a somewhat higher price. Instead of vision that it should be here. So it is with everyCommittee on Printing are acting under the joint putting the work out to the lowest bidder, it names thing we have. All our printing comes to us after resolution of 1846, which prescribes their duties. the contractor who shall have it; and instead of the subject matter of it has almost passed from When that committee was appointed they looked making it the duty of our executive officers, the public mind. to that resolution for the rule and prescription of agent of Congress, it imposes that duty upon the their duties; and I hold that it is not proper or Committee on Printing. Supposing the committee How is it to be done? The proposition is to refer competent for the Senate to change that resolution to be qualified to perform this duty and the con- the making of the contract to a committee of this and make the committee a pack-horse-if I may tract to be made, it might be that the work would || body. Can it be in better hands? What is the so express it—to perform any drudgery which it be better done and furnished in better time than it | objection to it? The honorable Senator from Armay please the Senate to have performed in the has been our fortune to obtain under the present kansas objects to the labor which it will impose dispatch of its business. Why, sir, if you may system. But all that would depend upon the good upon the committee. I suppose it will not amount legitimately require us, under a resolution of this faith of the contractor, as it now does, and has to much. They will have to go into no specific sort, to do what it proposes, you may also require done for years past under the present system. details, for the facts will be before them. us to go out into the streets and bargain for the Where, then, is the advantage to be gained? Let But the Senator does not like the responsibility; wood with which we make our fires; or you may those find it who can. But, sir, suppose the con- and then the proceedings of the committee have require us to establish a public printing office, and tract to be violated in this case, as it has heretofore been censured by the Senate! I never knew that then give all our time and attention to the details | always been, there is this additional disadvantage || they had been censured. But is it not better that of a printer's business. This might all seem to the committee: They would then be liable to this responsibility should be taken by a committee very right and proper in the eyes of the Senators censuré not only for failure to perform the impos- of this body, rather than by the Secretary of the who are urging the adoption of this resolution. I sibility of holding the contractor to his terms when Senate and the Clerk of the House? What was But for myself, as a Senator, and as member of the contract had been made by another agency, said by the honorable Senator from Indiana (Mr. the committee, I protest against it, and against but as the agents who themselves made the for- | Bright) is very true, that they can make a more everything of like character and tendency.
feited contract. For the committee and myself, I just contract than the Secretary and Clerk, for the The Senator from Indiana (Mr. Bright) says ask to be spared this additional burden.
best of reasons. If the Secretary and Clerk should that the committee can perform this duty in a Mr. GWIN. I can appreciate the desire of the go to every man in the country and ask him what manner, and give “a fair price " for the perform- chairman of the Committee on Printing to get he would do the printing for, and thus bring it ance of this work, which the Secretary of the Sen- clear of the labor of making this contract. down to the lowesi bidder, which is the position ate and Clerk of the House “ dare" not do. Why appreciate his feelings. I know that it would in which we are now, it would defeat our object, “dare" not do it? Does the Senator mean to say, take a great deal of his time to attend to that which is to have the work done speedily. It canor does he think, that the committee could or work. But really I do not think his arguments not be done unless it is done by persons who are would give more than "a fair price," and that if should influence the Senate at all. The Commit
every way prepared to do it; and that preparation they did, they would be censured, and justly cen- tee on Naval Affairs was raised for the purpose is perhaps in the hands of only one or two. I sured, for doing so? Surely he does not. And of attending to the business of the Senate pertain- | appeal to my friend from Arkansas, whether the if not, why would not the Secretary and Clerk ing to the Navy; and we all know perfecily
well responsibility had not better be taken by himself "dare" do the same thing? A “reasonable"- that they have to attend to business relating to the and the other members of the committee, than laid that is, a "fair"--price is what the resolution carrying of the mails. The Senate imposes that upon the two persons whom he proposes to subprovides for. Let the Secretary and Clerk give duty upon them. One of the most responsible stitute for the committee, neither of whom, in a ihat-as I am sure they would-and who would, of the duties imposed upon them is the directing || practical point of view, has better information than who “dare,'' censure them? If any one, his or superintending of the great lines of mail steam- the members of the committee. Why, then, should censure would be harmless. I do not seek to save
not the responsibility be with the committee: It the committee from such responsibility as that. Mr. BORLAND. I would ask the Senator seems to me that it would be the better way to The Secretary and Clerk need not fear to incur it. one question. He alludes to the increased duties treat this very extraordinary case.
Some Senators seem to think it an easy task to imposed upon the Committee on Naval Affairs. Mr. BORLAND. I am sorry to trouble the perform the duties of the Committee on Printing. I will ask him if, in these increased duties, the Senate any further. Still I feel it due to myself The duties may seem simple, and the matters re- Senate have ever directed that committee to con- and to the position I occupy in this matter, to say ferred to them very trivial. True, the matters tract with individuals for constructing ships or a few words more. The Senator from Michigan, referred to them are often very trivial; but they carrying the mail? If they have done that, I will (Mr. Cass,) I am happy to find, agrees with me are, nevertheless, very troublesome, and require admit that the cases are parallel; not otherwise. upon one point-that responsibility should never be much time in attending to them. Senators can Mr. GWIN. The printing is a specific object. | avoided in this body. I am glad to be sustained convince themselves of this by undertaking for a We must have it done, and we have appointed a by his high authority. I certainly never have short time some of the duties they are so anxious Committee on Printing to attend to it. This is a avoided, nor desired to avoid, responsibility. I to impose upon others.
question pertaining to that subject. We must hope I shall be joined in that respect by that dis. Even as it is now, and has been for the last two have the census returns printed; and as to the tinguished Senator always hereafter, and that years, it has been difficult for the committee to additional duty which it will impose upon that when questions involving responsibility come before perform their duties with satisfaction to them- || committee, it strikes me that if it is as laborious this body, he will, with me, (to use a phrase comselves-impossible it has seemed to give satisfac- as it is represented, it would impose a duty upon mon in the far West, where I live, “toe the tion to the Senate or the country. And why? the Secretary and the Clerk which would incapa- || mark.” The first obstacle in the way of success has been ciate them for the discharge of their present du- I must confess that I cannot fully understand one found in the contract system," under which our ties, which are onerous. But I am convinced that position taken by the Senator from Indiana, (Mr. printing has been, and is now, required to be done, ll the labor, which will attend this contract is over- ll BRIGHT,) and sustained by the Senator from Michi
gan, (Mr. Cass,] to which I have already alluded. | two Houses. I will explain what I meant by that borhood, and which works so well at home, fails it is, that the committee can go further than the remark, but first let me go a little further back. in Congress, because we have not virtue and firmSecretary and Clerk, and, in the price to be paid The first speech of the honorable Senator is a ness enough to have it executed.”. I am not for this work, do what those officers "dare not sad commentary on our mode and manner of le- willing to go before the country with any such do. I cannot understand the precise meaning and | gislating here. 'He states that we have a law au- acknowledgment as that. Sir, if we will do our force of that position without an explanation. To thorizing the letting out of the public printing to duty-if we will say to these bidders who are enme, it is an enigma which I am not able to unrid- || the lowest bidder, and yet there is not a day that deavoring to get jobs and contracts, Put in such a dle. The resolution provides that the contract we do not see a practical violation of that law. bid as you can live by, and if you do not, we inshall be entered into at a "reasonable" rate of com- || Day after day the printing is laid on our tables i tend to make you suffer and feel the effects of your pensation. No one, I apprehend, who knows the bearing on its face evidence of the violation of the own folly; nay; of your own frauds,-if we will Secretary of the Senate and the Clerk of the House contract. It is our duty as legislators to improve do that, my word for it we shall have our work of Representatives, and who has any knowledge the morals of those for whom we legislate. ' It is well and promptly done; and we shall have no of the proposed work, will doubt that they are certainly immorality on our part to tolerate this more complaints about not being able to get it peculiarly and eminently qualified to judge of what violation of contracts day after day. It is to pre-done. is reasonable" in this respect; certainly better vent that state of things that I advocated this res- These acknowledgments are reflections upon qualified than any committee that either House, orolation. I know that there is a violation of the this body, reflections upon the whole couniry, both Houses of Congress can appoint. The Sec- contract regulating the public printing, and I be- and reflections especially upon the employees retary of the Senate has for years been engaged in lieve that if we were to let out this class of valu- that they are permitted to trifle with their conthe performance of work of this very kind. It has able printing under this system, it would be vio- tracts, to impose upon us a fraudulent article in for years been part of his annual duty. He has lated again.
paper, to execute their work in such a manner become perfectly familiar with it. The committee I have hitherto advocated the letting out of the that when the documents are placed in the arwould have to rely mainly upon him, if they un- | public printing to the lowest bidders. As a gen- chives of the country they will not last perhaps dertook to perform it. The Clerk of the
House eral rule, I approve of that manner of disposing of ten years. These avowals are degrading to us of Representatives is, perhaps, one of the most ex- the public work, but having seen so many practi- || and to the country. We ought to enforce the perienced men in the business of printing that we cal illustrations, which prove that we cannot get remedy by telling all these people, in the language can find in this city or elsewhere. He is peculiarly our printing done in a suitable manner under that of the Senator from Arkansas, You must toe vell qualified.
system, I am now opposed to it. If this work the mark;" you shall “toe the mark;" and if you But I come back to a point which I wish to in- should be let out to the lowest bidder through the do not you shall reap the consequences of your sist upon. I said that in the joint resolution of officers of the two Houses, I do not believe that it own folly and improvidence in making bids by 1846, under which the committee was raised, its will be done in the manner which the public ser- which you cannot stand. It is manifest that it is duties are prescribed. I hold in my hand the rules vice requires. If the officers of the two bodies the conduct of Congress, in endeavoring to patch of the Senate, from which I will read what are the have the matter referred to them, I believe they up those who put in improper and fraudulent bids, duties required from the Committee on Printing: will have no alternative, and we shall have these that has led to the whole series of mischiefs of
"A Committee on Printing, to consist of three members, l important returns printed like every class of pub- || which complaint is now made. to whom shall be referred every question on the printing of lic printing for the last few years.
Mr. BORLAND. Mr. President, the Senator documents, reports, or other matter transmitted by either of Every morning we have public printing laid on from Kentucky says that these are "precious the executive departments, and all memorials, petitions, our tables. It is done under a law which provides confessions," which have been made on this side the printing of which shall be moved, excepting bills origin that it shall be executed on paper of fifty pounds of the House, and that they reflect very injuriousating in Congress, resolutions offered by any Senator, com- to the ream, and at a cost of seven dollars and a ly upon members of this body. I am not responmunications from the Legislatures, or conventions lawfully half. Now, I presume those who execute our sible
for the inferences which may be drawn from called, of the respective States, and motions to print by printing will not pretend that their paper weighs what he calls “confessions” on this side of the order of the standing committees of the Senate; and exeepting, also, messages and other communications from the over forty pounds to the ream, or that it costs House. I have always acted upon the rule, that President of the United States, and such reports and com- more than five dollars. And I learn from others trath should be told, and I have told it. munications from the heads of departments, as may be made that the paper on which the printing is generally Mr. UNDERWOOD. I thank you for it. to Congress, or to the Senate, in obedience to law, or in answer to calls from the Senate; and it shall be the duty of
done is but two and a half instead of seven dollar Mr. BORLAND. I am not responsible for the said Committee on Printing to report in every case in one paper. Shall these valuable census returns be inferences which may be drawn. I based my das, ar sooner, if practicable.”
thus printed? And yet, if we impose the duty of statement upon what I know to be facts, and I Yon perceive from this the character of the du- | making this contract upon our Secretary and the will give the case to which I particularly referred ties required of the committee. It is to report Clerk of the House of Representatives, will they at the time I made the remark. During the last upon the propriety of printing various papers feel themselves authorized to do otherwise than Congress the public printing was let out by conwhich come before this body, and we are required submit it to this ruinous system of competition tract. As chairman of the Committee on Printto report, certainly in one day, and sooner if prac- which is productive of such lamentable results? ing, I examined that contract; and my knowledge ticable. 'Will any one undertake to say that the The joint Committee on Printing, on the other of the printing business, though not extensive or committee can perform the duties required by this hand, from their position before the country could minute, was sufficient to satisfy me that the conresolation in one day, or in one week? No one do that which the officers of the two Houses would tractors had taken the public printing at prices at sho knows anything about it, would say they could not venture to do. The joint committee could cal- which, if the contract should be faithfully
exebe performed in a week. Even if competent to do culate the cost of good paper; they could ascertain cuted, they would lose a large amount of money. terer so well, I would not undertake to do it in how much it costs per hundred ems to set type; Before any of the public printing was done, I noby time less than one month. A practical printer, they can sit down and in a few hours make a cal- tified them that this was the opinion of the comer one experienced in the performance of such culation showing how much the whole work will mittee-I reminded them of the fact that the duties, might do it sooner.
be worth; and then they can say to these parties contractors of the preceding Congress had come The joint resolution prescribes also that the on what terms they will be willing to make a con- before us and exhibited a loss of about twenty commitiee shall audit the accounts of the public tract. They can say we will give you so much thousand dollars; and I knew that they (the new printers. That duty they have been in the habit | for performing this work, meaning that they will contractors) had taken the work at about twentyof performing. But this resolution goes further, give a fair price for paper and for setting the type, five per cent. lower, and that it was impossible and requires them not only to do this, and to and a fair profit on the
work. That, I apprehend, for the
work to be performed according to contract make reports, but to go out into the market and Congress is willing to give. We do not desire to without heavy
loss. By authority of the commitmake contracts.
give less. It is for the purpose of avoiding the tee, I accompanied this notice with the assurance, The Senator from Michigan [Mt. Cass] says evils resulting from the present contract system of in advance, that they would be held to a faithful this is all very easy and simple, and will require printing that it is proposed to give to the Com- performance of their contract, and that no work but little time and labor. He surely has never mittee on Printing the privilege of selecting those below the contract standard would be received or looked into the manner of making the contracts for whom we know can do the work, and do it well. | paid for. the public printing. If he had but examined one
Mr. UNDERWOOD. These are very precious Well, the work came in; it was at first a little besheet of the calculations necessary to be made
in confessions which the gentlemen are making. low the standard; it became worse; it got to be very order to provide for the different classes of printing, The gentleman from Indiana tells us that the con- bad; it became intolerable; I rejected it. What was he would not, he could not say that it is a simple tract system of letting our printing to the lowest the consequence? Was I sustained? In despite of thing, and one easily done.
bidder, has proved a failure; and the gentleman my rejection of it, the work continued to be done I insist that the resolution under which the com- from Arkansas says that one reason of that is, that in this inferior, this miserable style, and was sent mittee was formed, and the rule of the Senate un- the Senate will not sustain the Committee on here, and piled up in the document room, till it der which they have heretofore acted, shall be Printing
in its efforts to prescribe a remedy for the reached the ceiling. I was called upon every day adhered to and observed. And I protest against evil. What does all that mean? Why, that we by Senators, who requested me to receive the being required to perform these other duties, which have not the virtue and the firmness to rein up work. I refused. I said it was done in violation are altogether foreign to the purpose for which those persons who make contracts with us to per- of the contract; that I could not receive it, nor apthe committee was raised, and for which it can be form their duty. That I understand to be the prove any account for its payment. The conlegitimately employed.
plain English of it. I, for one, am not willing to tractor came to the Senate, and made his appeal Mr. BRIGHT. The honorable chairman of the bear any imputation of that sort. I wish to sus- here; and the consequence was that I was overCommittee on Printing has made a remark which tain the Committee on Public Printing in its ruled, and the work was received. Senators had seems to require a reply from me. He says that efforts to make the undertakers, these employees the documents folded and sent to their constituents. I made use of an expression which is an enigma of the
Government who make contracts with us, But the contractor never sent his bill to the comto him, particularly when it was coincided in by perform their duty. I am not willing, for one, to mittee while I remained in the city. He retained the honorable Senator from Michigan, (Mr. Cass.] | say to my constituents, that "that rule by which them till after I had left. He cannot understand how it is that the Com- all your bridges are built, by which all your jails I was complained of, I was censured, but I mittee on Printing can afford to give a higher price and your court-houses and public works are stood upon the contract, and insisted upon its for this printing than the ministerial officers of the . erected, by which you do everything in your neigh- ll being executed. Senators know that. I muke
no random assertions. I state what is known to formance of the work will be better secured than Mr. HAMLIN. Mr. President, I only desire be true by all who were here at the time. Work if it were left to the committee.
to state, in addition to what has been said by the of an inferior quality, not half up to the contract I can see no reason why the committee should chairman of the Committee on Printing, in relastandard, was received. And not only was the be preferred to the Secretary and Clerk, except tion to the vote which decided this matter, that I proposition made here, but it actually passed this the ground, not brought into view very directly, I am, myself, the individual upon that committee body, to pay the contractor a pront of ten per but certainly covered up by what has been said, who withheld bis vote. I withheld it for this reacent. upon the whole amount of his expenditures. thai the commilice might give this printing to a I was in favor of giving the contract to the That failed in the other House. But at the last i political press irrespective of the manner in which persons named in the resolution; and so I am now; session the House of Representatives passed a it is to be performed, and irrespective of the price; but I was not in favor of making any committee joint resolution, not only receiving all his work, whilst the Secretary of this body and the Clerk of a “pack-horse" for the Senate, nor was I in favor but providing for paying him a profit of nearly the other House, owing responsibility to their re- of making any committee of Senators go out into two hundred thousand dollars on that work. It spective bodies, would be afraid to do so.
the streets and chaffer for the Senate, while they came to the Senate at the close of the session, and Mr. BORLAND called for the yeas and nays had ministerial officers to whom those duties propwas not passed. If it had come earlier, I cannot upon the amendment; and they were ordered. erly belonged. The Senator from Arkansas will say what would have been its fate. The resolu- Mr. BADGER. As the yeas and nays have recollect the fact, that I withheld my vote, not belioii, as it passed the House of Representatives, been ordered on this amendment, I wish to say a cause I was opposed to the resolution, but solely allowed a profit, as I can show any one by a sim- few words to explain the reasons of my vote. 1 || because I wished this business to be done by our ple calculation, of very nearly two hundred thou- agree that the duty which the amendment of my ministerial officers and not by the committee. sand dollars on the work. Was that no censure friend from Arkansas proposes to impose upon the Mr. BORLAND. That is the fact. on the Committee on Printing that had performed officers of the two Houses, is at once a difficult Mr. BRIGHT. Mr. President. I certainly felt their duty in rejecting the work? Was it no cen- and delicate one. For myself, I should be per- some delicacy in pressing this resolution after the sure on the committee to receive the work and to fectly willing that the resolution should remain in Senator from Arkansas announced that he was pay, the contractor a profit in double the amount its original torm; but that the honorable Senator opposed to the performance of the duties imposed of the contract, for a violation of that contract ? from Arkansas, who is at the head of the Printing by the resolution upon the committee; but since These are the facts to which I alluded; and they Committee, informs the Senate that he is not will- his first speech I have turned my attention to the are facts which cannot be controverted. Call ing to take the responsibility which it is thus pro- | general law under which the printing of Congress them "precious confessions,” or what you please; || posed to devolve upon him. He is not willing to is now done, and I find that this joint resolution let them reflect injuriously upon whom they may, become an agent for contracting to let out the work || proposes nothing more than is now in force under I appeal to the Senate for their truth, and am not of the Senate. And when I recur to the rule of à law that was passed on the 3d of August, 1846. responsible for them or their consequences. I did the Senate under which that committee was consti- || I understand from that law that if a contractor all in my power to prevent their occurrence. Had tuted, and find that po duty of the kind was con- should fail to perform the public printing, or any I been sustained in that attempt, the Senate would templated to be imposed upon that committee; and || part of it, it is the business of the committee of have been spared these “confessions,” and have that this resolution, in its original shape, directs the two Houses to select another agent, and make avoided any censure they may imply.
this committee to perform what does not properly | full and ample provision for the public printing. Mr. PRÁTT. Mr. President, the proposition belong to the Senatorial duties of members of this But the law does not stop there. It goes on to under consideration is, as I understand it, that the body, I do not see how I can, with propriety, with || say, that these committees shall audit the accounts Secretary of the Senate and the Clerk of the House a just regard for the motives which the Senator of the public printers. There is great force and of Representatives shall be substituted for the from Arkansas has stated, and from the circum- || propriety in that law, because the Committee on Committee on Printing, and that the same powers stances of this case which entitle him to ask an Printing in each House has been furnished with a shall be given to the Secretary and the Clerk, which exemption from having placed upon him a duty clerk; and during the recess of the last Congress, this resolution proposes to give to the committee, not belonging to his office as a Senator, and not or the Congress before the last, I am not certain to make this contract. My friend from Indiana belonging to the position which he occupies on which, a committee of Senators sat, and for sersays the object of this amendment will be to put the committee, refuse a vote which is to concede | vices which they then rendered as members of the this printing out to the lowest bidder. I cannot to him what he desires, and what I think he has a | Committee on Public Printing, they received their see that that is to be the legitimate result of the right to ask. I do not see how I can refuse to ex- per diem of eight dollars. amendment which has been proposed. What is empt him from a duty which I think the resolu- Mr. BORLAND. The statement of the Sento be the effect? The Secretary of the Senate and tion cannot rightfully impose upon him and his ator from Indiana (Mr. Bright) has reference to the Clerk of the House of Representatives would associates of the Printing Committee, For that a state of things which existed before I became be directed, if this amendmeni should prevail, to reason, and that reason only, I shall vote for the a member of the committee or of the Senate. make this contract; they would be directed to make amendment.
Prior to that time it was customary, not for the it in the same words in which the resolution directs Mr. GWIN. I wish'to make a statement, which committee to remain, but for one member to rethe committee to make it. Why, then, are we to I think will induce the Senator from North Caro- || main to audit the accounts of the public printers, assume that the Secretary of the Senate and Clerk lina [Mr. Badger] to change his opinion. I wish || presented after the adjournment of the Senate. of the House would let this work out to the low- to ask this question of the Printing Committee : Since I have been on the committee, a different est bidder, if the committee are not bound to do Suppose the present contractor fails to perform his practice has prevailed. Now, instead of any memso? The gentleman tells us, that it is because the duty, would it not then be the duty of the Printing || ber of the committee remaining to audit the printcommittee would assume responsibilities which Committee to make a contract for the printing? I ers' accounts, and drawing his per diem during the Secretary and Clerk would not assume. The so understand the law. The very duty which it that period, the Secretary of the Senate, the Clerk argument of the honorable Senator from Mich- | is said we are now throwing upon the committee of the House of Representatives, and the clerk of igan (Mr. Cass) is, that the Secretary of this is already imposed upon them by law. They are the Committee on Printing, are constituted a body and the Clerk of the House will employ now required, if I understand the law, in the event board to audit and settle the accounts of the pubpersons who are not prepared to do the work. of the contractor failing to perform his duty, to lic printers during the recess. The Secretary of His whole argument is predicated upon that as- make another contract for the Congressional print- | the Senate and the Clerk of the House receive sumption.
ing. Then this is not a new duty which we would no extra compensation for that service; but the Mr. CASS. If the Senator will allow me, I impose upon them. It is merely acting up to the clerk of the Committee on Printing merely rewill correct him. I meant to convey no such idea. | letter and spirit of the law.
ceives his per diem. That is the present state of I merely meant to say that the Secretary of this Mr. CLÉMENS. I wish merely to get the | the case. body and the Clerk of the other House might con- statement of a fact. I understand that this matter
Mr. BRIGHT. I do not understand the law, ceive it to be their business to go to every printer, was submitted to the Joint Committee on Printing, however, to have been changed since the period and ask the lowest price at which he would do the and that a majority of that committee overruled the mentioned. The same law under which Senators work, and take that as a standard. That was my Senator who has offered this amendment, and re- and Representatives acted as a joint committee, idea. fused to accede to it.
and drew pay during vacation then, is now in Mr. PRATT. The idea conveyed to my mind Mr. BORLAND. The Senator from Alabama
force. The Senator complains of the duty which hy the Senator's remarks was, that he supposed is correct. I did not offer this amendment as
will be thrown upon the Committee on Printing. the Secretary and Clerk, if this matter were left to coming from the committee. I offered it from my think that the reading of the law will clearly them, would employ persons who were not pre- own sense of propriety. Since the Senator has demonstrate that we do not propose to impose any pared to do the work: whilst the Committee on referred to the action of the joint committee, it additional duty on that committee. This joint Printing would employ those persons who had will not be improper, I apprehend, to state the resolution will throw no additional labors on them their printing presses and paper and everything
vote of the commitiee. I will state it. The joint whatever. The law of 3d of August, 1846, under ready, prepared to go on with the work. It occurs committee, as is known to the Senate, is composed which the public printing is now done, providesto me, that from the very fact that the persons of three members of the House and three Senwho would have to make the contract, if this ators. The vote was, three in favor of the reso
“That a committee, consisting of three members of tho
Senate and three meinbers of the House of Representamendment should pass, would not be willing to lution, two against it, and one member of the atives, shall be chosen by their respective Houses, which assume the responsibility which it is supposed the committee did not vote at all. I voted with the shall constitute a Committee on Prinung, which shall have committee would be willing to assume, that they majority. I so voted with the express declaration,
power to adopt such measures as may be deemed necessawould take care to employ those who were pre
ry to remedy any negligence or delay on the part of the that it was for the purpose of getting the matter
contractor to execute work ordered by Congress, and to pared to do the work-persons who would do the before the Senate, but that I would offer this
make a pro rata reduction of the compensation allowed, work well, and who would do it at a fair price-i amendment. If the whole of the committee had or to refuse the work altogether, should it be inferior to the because they would act as though they owed re- voted, I think there would have been a majority sponsibility to the respective Houses for which in favor of the resolution as I proposed to amend This committee, as it is now organized under they acted. On the other hand, a committee might it, and that it will be so found when the vote this law, has large and plenary powers. It has a act without any fear of that responsibility. I think, comes to be taken here. At any rate, this amend- || right to declare a contract under that law abrotherefore, that we have every reason to suppose ment of mine represents the sentiments of a ma- gated by any non-fulfillment; and I think our comthat, by the adoption of this amendment, the per- i jority of the Senate committee.
mittee oughi to have declared the present contract