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void, if the character of the printing be as it is two Houses had ordered. That is, in substance, I could find them all. Now, I know, by repeated represented to be by the chairman; and I think he what the joint resolution of 1846 directs.

conversations with the worthy Secretary of this represents the case correctly. That, however, is Now, it is proposed to put the Committee on body, that he does not desire that this duty should perhaps outside of the question now before us. Printing in a new aititude-to originale contracts be imposed upon him. I know that he has be

The honorable Senator from North Carolina and make bargains. Well, it shows, if anything sought me, as a member of the body, to keep this Mr. BADGER) was inchned to vote against the were necessary to show it, how exceedingly un. duty off him. imendment until he was convinced by the remarks fortunate the joint resolution of 1846 was.

In reply to the political argument of the Senator of the Senator from Arkansas that this would im- || unfortunate in many respects; unfortunate, as I from Maryland, (Mr. Pratt,] I am ready to say, gese additional duties upon the Committee on think, in the whole contract system, which has that so far as the bestowment of this job, or any Printing. I have read this section of the law of produced nothing but difficulty, delay, bad paper, other job which is proposed here, is concerned, I 1846 for the purpose of relieving his mind, and the bad printing, and bad binding, for the Senate as shall expect the Committee on Printing to give a minds of other Senators, upon that point; for it well as for the House of Representatives; and un- preference

nce to those of their own political faith; realy does impose no additional duties.

fortunate in this—a consequence flowing out of but I expect them to do it upon most reasonable Mr. BORLAND. The Senator from Indiana, the first unfortunate step of the resolution-in in- and just terms. I believe that the Committee on (Mr. Bright,] it seems to me, must perceive a very troducing a joint committee of the two Houses to Printing of this body is competent to discharge material difference in the cases to which he has a function, which I believe was never before dis- all and singular its duties; and if a comparison referred. In the joint resolution of 1846, from charged by any committee. We are now to take must be instituted between that Commitiee and which he has read, provision is made against a a still further step, and put a committee of the two the Secretary of the Senate or the Clerk of the contingency that is supposed not likely to hap- Houses in the attitude of making contracts and House of Representatives, I believe, whether as pen: that in case the public printer should vie- bargains. It seems to me that this is taking a Senators or as practical printers, I should give the late his contract, then the Committee on Printing | step which the two Houses will find reason to committee the preference if the printing were my should have power to employ somebody else to do repent. There is great force in the suggestion of own or if it were to be done for the Senate. They the work and pay for it. li provides further that the honorable Senator from Arkansas, that, whilst have had experience in their station. As a meinthe pablic printer and his surelies shall be respon- we have committees charged with a great many ber of the body, I have had something to do in sible for the difference between the contract price subjects relating to contracts, in no instance has retaining them in their present position for this and the increased amount which shall be paid for any of these committees been charged with the session. I have been glad to help to replace them the work. Such a case has not arisen since the making of contracts.

in the position which they have heretofore occưCommittee on Printing has been constituted. Mr. GWIN. Has not the Committee on the pied. 'I approved of their course during the last

There has been no case in which this duty has | Library been required by the Senate to make a session, and I am disposed to sustain them in this been performed; and although the committee contract for the printing of the papers of Jefferson position, believing, as I do, that they are more might have to perform it, it is a provision against and Madison? This is a case in point. I appeal competent as practical printers, and better judges a contingency which was supposed not likely to to the chairman of the Library Committee if that of what is economical and proper to be done bappen, and not a prescribed duty. At the time is not a fact,

under this contract than either the Secretary of the joint resolution passed, I suppose no one Mr. PEARCE. The statement of the Senator the Senate or the Clerk of the House of Repreexpected that the contractors would not fulfill || is correct. The Committee on the Library were sentatives. their contracts. But here it is proposed to send || charged with the duty of attending to that mat- Mr. BORLAND. Mr. President, I have not the committee out beyond the walls of the Capitol

at all changed my views upon this subject. Before to chaffer and make bargains. Nothing of the Mr. BADGER. If the honorable Senator had doing what I now rise to do, I wish to say a very sort is done by any committee of either House. I only adverted to the facts of that case, he would few words. I reassert, and I do it with all candor We have a "Committee on Public Buildings, have seen that it had no reference to such a one and sincerity, that I am not competent to perform which takes charge of all matters relating to the as is now under the consideration of the Senate. the duty which this resolution proposes to impose public buildings; but that committee is not re- When the Congress of the United States purchased on me. I candidly confess that I do not know quired to make contracts for building. There the papers of the distinguished dead, to whom he how to perform it, and I have not now time to is a Commissioner of Public Buildings for that has alluded, it was a subject of literary taste-it learn. If the other members of the committee have purpose. We have a Committee on the Con

was a subject of Congressional and delicate dis- this competency, they will have to perform the tingent Expenses of the Senate. That commit- cretion that must have been exercised by the com- || duty. If not, it will not be performed by the tee, I suppose, audits the accounts for the fuel mittee of our body to determine which of those committee at all. Of this I now give fair notice consumed, and the stationery used by the Senate; papers should be printed. It was not intended by to the Senate. I have deemed it my duty to make bat do we send that committee out to contract Congress that the whole of the papers indiscrimi- || this statement. Whatever opinion other Senators with the wood haulers and paper makers of the nately purchased should be printed at the expense may entertain of my competency for this business, country to supply the Senate? We have a Com- of the Government, and it necessarily and prop- I think I know what I am able to do; and I know mitlee on Naval Affairs, but that committee does erly devolved on its committee the difficult and that I am not competent to do this. I am not one Dot nake contracts for the building of ships of delicate duty of making a selection. A just regard of those who believe that a man cannot know himvu. The Senator from California has referred to to the interests of the public made it necessary

self. I have always thought that a man's capacity Earrying the mails. The Committee on Naval that that matter should be under the disposal of is better known to himself than to anybody else. Affairs pass on the policy or propriety of a par- the committee.

I have looked somewhat into this matter, and I ticular measure, but it is not required to make But I was about to say that my friend from know I am not capable of performing this duty. contracts with persons for carrying the mails. Arkansas, in his zeal of illustration, (if he will For that reason, I do not wish to be obliged to Way, then, should we require the Committee on permit me to say so,) fell into one grave error- perform it. But as I fear that my amendment may Prating, which was raised for the purpose of ex- he undertook to refer to the functions dischargedembarrass some of my friends, and as I am unimining questions submitted to the Senate as to by the Committee on the Contingent Expenses of willing to impose duties on the executive officers the propriety of printing documents, to go into the Senate. I beg him to be more cautious here- of the two Houses of Congress which would inmarket and perform a duty so different from any | after-he was touching a subject which should volve them in any painful or injurious responsiduty performed by other committees of the Sen- never be alluded to in open Senate. He knows bility, or which their friends are unwilling that ate! Why should you require that committee to very well that in one of the Departments of the they should assume, I will withdraw the amend. contract with printers for doing this work? I can Government which has charge of our external ment which I have proposed; closing my remarks te no reason for it. It is without precedent. 1 affairs, there is secret service money, and who with a repetition of the assurance to the Senate adhere to my objections.

ever heard any inquiries made with regard to that that I am unable to perform the duty required by Mr. BADGER. Mr. President, there is nothing | fund? The remark of the Senator was irregular. the resolution, and if it is imposed on the commitin the joint resolution of 1846, as I think was well | I know it was not intentional. I was once a tee I shall not undertake it.

I withdraw my stated by the Senator from Arkansas, which is at member of the Committee to Audit and Control the amendment if it is in my power to do so. all conclusive upon the objection which he has || Contingent Expenses of the Senate. Unfortunately The PRESIDENT. By unanimous consent stated, and which I was inclined to support by for the Senate and for the country, I am no longer the amendment can be withdrawn. my role. That joint resolution requires contracts so. (Laughter.) But still I cherish a very high There being no objection, the amendment was for the printing to be made by the executive offi- respect for the confidential operations of that com- withdrawn. cers of the two Houses. They advertise for pro- | mittee, and I hope on no occasion hereafter to see

Mr. SMITH. I have some views which I de. posals. They receive proposals. They come to such indiscretion committed by my friend, or by sire to present to the Senate in regard to this suba decision. They award the contract. And then any other member of the body, as io allude to the ject, which will be very likely to occupy more the resolution proceeds to make provision for || particular functions which they discharge. time than remains at present according to the ordicases, not, as some gentlemen have supposed, un- Mr. DODGE, of Iowa. I shall vote against | nary practice of the Senate. I would, therefore, likely to happen, but I presume from the very the amendment ofered by the Senator from Arkan- be very glad to have this resolution postponed nature of the joint resolution of 1846, to provide sas; but lest I should seem discourteous towards until to-morrow. I therefore move, if it meets for a case which it was supposed would be very him, as the chairman of the Committee on Print- the approbation of honorable members of the likely to happen; that is, a case wherein the con- ing, I desire to make an explanation of the rea- body, that the resolution be postponed until one tractor would not discharge his duty; and in such sons which influence my vote. I think that some o'clock to-morrow, and be made the special order an event, it directs the Joint Committee on Print- | reform is necessary in regard to our printing. I for that time. ing to take such measures as should be necessary think something should be done by which effi- The motion was agreed to-ayes 22, noes 18. on account of the failure on the part of the con- ciency would be secured, and when we order tractor. They were to do what the emergency documents, that they will be printed in some

ASSIGNMENT OF PRIVATE BUSINESS. required. The law provides, that during the ses- reasonable time. I have received various letters Mr. DOWNS. The bill for the relief of Wilsion of Congress, when there would be no oppor- and communications from all parts of the country liam Darby was under consideration yesterday, tunity of resorting to any other instrumentality, asking me for copies of the census returns. 1 but it was then interrupted by the introduction of this joint committee should at once, and promptly, received some of them so long since that I have the distinguished stranger who then visited us. I supply the means of doing the printing which the li lost or mislaid them; and I do not know that I hope it will now be disposed of. It was laid on

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the table yesterday on my motion. I move that days, that we may have the rest of the week for them through, who will annoy every Senator. It it be now taken up.

the transaction of public business, or else let us is time that we should take up these bills and disThe PRESIDENT. The Chair will take this return to the old rule, one or the other.

pose of them one way or the other. Let us reject occasion to call the attention of the Senate to a Mr. BADGER. There is nothing in the rule or adopt them, and do it immediately, that indi. resolution which was adopted some time since in or resolution adopted by the Senate on the subject | viduals may have their claims decided while they these words:

of private bills which either expresses or implies are alive, and not leave their heirs to prosecute “Resolvend, That after the 1st day of January next Fridays

that these bills should not be in order on any other them when they die. of each week shall be set

aside for the consideration of pri- day of the week than Friday. The resolution sim- The PRESIDENT. The Senator is aware that vate claims, and that on those days private bills shall have ply declares that on Friday ihey shall have priority. || it is simply for the Senate to decide what conpriority over all other business."

On the other days they have no priority. There istruction they will put on the resolution. The Chair brings the subject to the considera- is nothing in the resolution which says they shall Mr. RUSK. That is the point to which I am tion of the Senate in consequence of a different not be considered on any other day. There is trying to direct my attention. construction being put on this resolution as he nothing in the resolution to prevent them being Mr. HAMLIN. I wish to inquire whether it understands by different Senators. There seems considered when they are reached on the calendar- is the decision of the Chair that a formal motion to be doubt as to whether it is intended that that no matter on what day. This is not the first in- || should be submitted ? day shall be exclusively set apart for private bills, stance in which the Senate has passed the resolu- The PRESIDENT. The Chair was under the and that they shall not be taken up on any other | tion setting apart Friday for the consideration of impression, though it has been stated otherwise day, or whether they shall be taken up in regular private bills. It has been done at former sessions by honorable Senators, that when a rule of this order on the calendar as they are reached and yet at which I have been here, and I have never heard | kind has prevailed heretofore, private bills were have entire preference on Friday. The Chair is it suggested before that in consequence of setting passed over on other days, and were taken up unwilling to give any construction of the resolu- || apart Friday for the consideration of private bills only on the day set apart for their consideration. tion, inasmuch as it is for the Senate to decide it was not in order to take them up on any other Such was the impression of the Chair, but it is for what they intended when they adopted the resolu- || day, when they were reached on the calendar. the Senate, who adopted the resolution, to say tion.

There is nothing in the resolution-nothing in the whether it was intended that the general orders Mr. DOWNS. I think the Senate itself has practice of the Senate under former resolutions of should be taken up as they stand on the calendar, put a construction on that rule. I recollect that a the kind which sanctions the idea that by having || whether of a public or private character; and that similar rule was in force two or three sessions ago, Friday given to private bills they lose their chance on Friday all questions of a public character should and the construction then was, that such a rule on every other day of the week.

be excluded. did not prevent private bills being considered when Mr. BRADBURY. Mr. President, I voted for Mr. HAMLIN. I move, as the sense of the they were reached on the calendar in regular or- the rule setting apart Friday for the consideration Senate, that the rule adopted by the Senate shall der, even though it was not on the day fixed. of private bills. I believed, that by assigning a not affect the standing of the private bills on the

I consider that the Senate has at his session particular day for their general consideration, our calendar on other days. put that construction on this rule, because yester- attention would be drawn to those bills which Mr. BADGER. A motion is already pending. day they took up several private bills and dis- were matters of private concern, and that we The PRESIDENT. The Chair does not conposed of them.

should be more likely to give them a careful con- sider that a motion is necessary. He has simply The PRESIDENT. The Chair, without con- sideration, and discriminate between those which endeavored to ascertain the sense of the Senategas sulting the Senate yesterday, finding them upon have merit and those which have not. One diffi- to the construction of the resolution. He wishes the general orders, took up several bills, which culty which I hoped to avoid, was the constant to conform to the view of the Senate. were ordered to a third reading. They have not habit of springing upon the Senate the considera- Mr. HAMLIN. I voted for that resolution. been read a third time to-day, because the Chair tion of matters about which we necessarily could | If the Chair had not called attention to the subkept them back until the Senate should decide know nothing. If we are repeatedly called upon, ject, I should never have dreamed that there could whether private bills were to be acted upon on and without any indication as to the time when to be any question about the matter. As has been every day of the week or only on Friday. consider those matters which are not of such gen- well said by the Senator from North Carolina,

Mr. DOWNS. It certainly was my construc- eral concern, we necessarily pass our opinion upon what is not in the resolution does not belong to it. tion, and the construction of ihe honorable Sena- them without the requisite information. If, how- The PRESIDENT. The Chair then under. tor who offered the resolution, that fixing a par- ever, we set apart a day, as the Senate has already stands that the construction put upon the resolaticular day for the consideration of private bills done, for their consideration, every Senator has tion is, that the calendar shall be taken up in reg. should not deprive them of the privilege of being notice that such bills are to come up. I do not ular order, whether the bills are of a private or considered on other days when reached in their say that we should be confined to that day when public nature; and that on Friday public bills are order, because it might very well happen that they are reached on the calendar in their order. I

to be excluded, and private bills solely acted upon. such a rule as that would do great injury to those would consider them on other days; but if, after Is that the understanding of the Senate? whom it was intended to benefit. It very often having given them priority on one day, we will Several SENATORS. “Agreed !” “ Agreed !''] happens that in the early part of the session we now say that we are to call them up irregularly, The PRESIDENT. The Chair was under the do not sit on Friday, and very otten on those we shall have ourselves exposed to the difficulty to impression that it was necessary to bring the quesdays private bills are necessarily interrupted by a which we had hoped we had put an end, by setiing tion to the notice of the Senate, because some Senpress of other business. And if by fixing a par- apart a particular day. I hope, then, that private ators had entertained a different opinion from that ticular day for the consideration of private bills, bills will not be brought up irregularly, but that expressed by the honorable Senator from Maine, we cannot take them up at any other time, such a we shall consider them only when reached in their | and the honorable Senator from North Carolina, rule, instead of promoting the interests of parties, order upon the calendar, or on Friday, except and others. might subject them to great inconvenience.

some good and satisfactory reason can be given for Mr. DOWNS. One of the honorable Senators I hope the Senate will agree with me in the con- taking up a particular bill out of order. After from Maine (Mr. BRADBURY] thought that we struction which I have given to the rule, that when having given them priority on one day, they should not take up private bills out of their order. these bills are reached in their regular order in the should stand on the calendar until reached in regu- I have moved to take up this bill because yestercalendar, they will be taken up as well as consid- i lar order on other days. I hope, therefore, the day being a day of ceremony it was not disposed ered on Friday. I think that was the general un- motion of the Senator from Louisiana, a gentleman of. It would have been passed in five minutes, derstanding of the rule when it existed at previous whom we would all very gladly accommodate, but for the arrival of our distinguished guest. sessions.

may not prevail, unless some particular reason can That is the reason why I want it taken up and Mr. HUNTER. I recollect distinctly that I be given why the bill which he proposes should disposed of now. It will take but a short time. opposed the resolution at the time it was introduced

be taken up. and one of the grounds that I took was, that it Mr. RUSK. Mr. President, all this opposition

WILLIAM DARBY'S RELIEF BILL. would work on injury to private claimants, for it to private bills, it seems to me, proceeds, or seems The motion was agreed to, and the Senate, as would devote Friday to them, and they would be to proceed, from the principle of guarding the in Committee of the Whole, proceeded to consider denied a place on the calendar, which they had | Treasury of the United States. We have got into the bill for the relief of William Darby. hitherto enjoyed. It certainly could not have been difficulty by almost repudiating all the debts of Mr. DOWNS. I concluded yesterday what I the intention of the Senate to have given private this Government. This is the way that fraudulent had to say-in relation to this bin. It is one of bills a precedence over public bills, not only on claims pass. Individuals who have claims against very great merit. It was passed before by the Fridays but on all other days. They could not the Government, come forward and present ihem, Senate, and I hope we will pass it again. The have intended by setting apart a day for their con- and are delayed in one way or another until they gentleman for whose benefit it is intended is very sideration, that' on other days they should also become twelve, fifteen, or twenty years old, and old and very poor. I hope it will pass without have precedence over bills of general interest. all the facts are forgotten. Then it is that claims, opposition.' I will not take up time by diseussing Under the rules of the House of Representatives, sometimes not well-founded, are enabled to pass it. Fridays and Saturdays are set apart for the con- the Senate and the House of Representatives, and Mr. FELCH. I believe there was a report sideration of private bills, and under these rules, I become a charge on the Treasury.

made in this case some two or three years ago. I they are not considered on any other days. I The rule, setting apart Friday for the consider- recollect that last year we voted on this question think such is the fair consequence of the establish- ation of private bills, has been adopted several by yeas and nays, and I think the Senate was very ment of such a rule; and ilterefore it was that I times before by the Senate. It has never before nearly equally divided. I should like to hear the thought at the time of the adoption of this rule, been construed to exclude bills on any other day report read. that we would be better off if we adhered to the when reached on the calendar. There seems to be The report not being on the Secretary's desk, old practice of the Senate, and stood by the calen- a general disposition to give private bills the go- Mr. FELCH continued: If I understand the dar. We would be better off if the Senate would by. If we are to repudiate the debts of the Gov- | matter, there was a report from a select commitreturn to the ancient rule. I suppose the rule must ernment, let us do it at once. What will be the tee, of which Mr. Corwin, then a member of the be construed as it was construed in the House of consequence of the continuance of these claims? Senate from Ohio, was chairman. That report Representatives. If certain days are to be assigned | It will be to break up the individuals who have was acted on that session. The bill has since to private bills, they ought to be confined to those ll them, and to fill the Capitol with agents to get li been twice introduced on leave, but no new facts


320 CONGRESS, 1st Session.


New SERIES.....No. 14.



have been laid before the Senate. Last year, or states that Mr. Darby was the first to furnish an widow of George R. C. Floyd, late a Lieutenant the year before last, the bill passed the Senate. accurate map of that portion of the territory of the Colonel in the Army of the United States; Ar that time I listened to the discussion, and was United States lying west of the Mississippi, and A bill for the relief of Sidney S. Allcott; utable to discover any principle ever sanctioned || bordering on the line between the United States A bill for the relief of the heirs of Judith Worby this Government on which this claim could be and the Spanish dominions, as fixed by the treaty then, deceased; and allowed. This applicant claims that he was once ceding Louisiana. The materials for a map pro- A bill authorizing Victor Morass to relinquish employed by the Government in making certain || cured by Mr. Darby, were used by Mr. Mellish, certain lands, and to enter the same quantity elsesurveys in Louisiana. He received his pay, as in his map of 1816. Mr. Darby was never remu- where. others do who are employed as surveyors. He nerated for his services, which were of great value On motion, the Senate adjourned. claims that he acquired certain information in to the United States. The committee consider that regard to the geographical character of that coun- $1,500 was not an adequate compensation, but as

HOUSE OF REPRESENTATIVES. try, which information was disposed of by him his claim was not a stricily legal one, the committee to an individual named Mellish, who published a have allowed this sum, thinking it might afford

TUESDAY, January 6, 1852. map in Philadelphia about that time, and there some small recompense to Mr. Darby.

The House met at twelve o'clock, m. was a difficulty between him and Mellish in re- Mr. BERRIEN. I am very desirous of voting Prayer by the Chaplain, Rey. Mr. MORGAN. gard to compensation. He alleges in his petition for this bill. I know the very worthy man for The Journal of yesterday was read and approved. that no compensation was ever received." But I whose benefit it is intended. If this Government

VIRGINIA MILITARY LAND WARRANTS. am not aware that upon that ground there is any | has availed itself of his labors, it is proper that he reason why we should interfere, and grant from should receive compensation for them, but I desire

Mr. MILLSON, by unanimous consent, and the public Treasury a compensation for a loss to be informed why it is that this claim is pre- in pursuance of previous notice, introduced a bill which may have resulted from any private con- sented at this late day? Why it has not been making further provision for the satisfaction of

presented before to the notice of this body? The Virginia military land warrants; which was read I do not understand that this individual was Senator from Louisiana can probably give me that

a first and second time by its title, and referred to employed by the United States to acquire the in- information.

the Committee on Public Lands. formation for which he now claims compensation. Mr. DOWNS. I do not know any other reason RECEPTION OF LOUIS KOSSUTH. I do not understand that we have received any- than the fact that this gentleman, who is now very Mr. CARTTER, from the select committee apthing from him for the benefit of the Government, old, has been in previous portions of his life in a pointed to wait upon Louis Kossuth and 'introfor which compensation should be paid. He more prosperous situation, and did not feel the duce him to the House of Representatives, subacquired certain geographical knowledge, and necessity of presenting the claim. There may be mitted the following report; which was read, and claims that in certain treaties-a treaty made with another reason. In the early history of this Gov- 1 ordered to lie upon the table: France, and a treaty made with Spain, in 1819, ernment there were not very liberal appropriations The committee appointed for that purpose beg leave to which referred to the Mellish map—that map made for surveys and maps. Recently ihe Gov- report, that they will be prepared to introduce Louis Kos. being made use of, received virtually the sanc- ernment has been very liberal in this respect; and

suth to the House of Representatives on Wednesday at one tion of this Government to such' an I think it was very natural, when Mr. Darby saw

o'clock, p. m.; and would recommend ceremonies similar

to the action of the Senate in the same case. that his private information was not afterwards the thousands of dollars which were appropriated

Mr. HALL asked leave to make sundry reports valuable to him, and that, therefore, he could for the surveys in California and elsewhere, that

from the Committee on Public Lands. Dot sell any maps which he might make after he should think it right to come forward and claim that period. I do not understand that he made some little compensation for much greater services,

Mr. HOUSTON objected, and called for the any maps, but that he acquired information rendered at a much earlier period, in sections of regular order of business. from which he might have made them; and he chec. SHY ELDS. Uch should perhaps do myself and thereupon proceeded to call the committees

The SPEAKER stated that the regular order of claims that we destroyed the value of that prop

business was the call of committees for reports, erty, because we referred to the. Mellish map in injustice if I did not say a word or two in favor of

for reports. the treaties made with France and Spain. That this claim. I know this old gentleman well. is the whole foundation of the claim. When I had the honor to be at the head of the

APPROPRIATION BILLS. Now, if we are to pay for information which | land office he was one of the clerks. I examined Mr. HOUSTON, from the Committee of Ways individuals derive from their own private enter- the claim at the time, and I know it would never and Means, reported the following bills; which prise, and surveys for the purpose of publishing have been presented to Congress had it not been were severally read a first and second time by their maps and literary works of any kind, I take it for his very dire necessity. I am satisfied that titles, referred to the Committee of the Whole on that we shall have plenty of persons applying to there is not a more worthy man presenting a claim the state of the Union, and ordered to be printed, ts for compensation. I'do not see how the facts to the Congress of the United States. I am also | viz: Sated in the petition and in the report are to be a satisfied that he performed very great services for A bill making appropriations for the current prope foundation for this claim. I looked into the country at that time, and that he even declined and contingent expenses of the Indian Departthe report a few days since, and I do not see how, remuneration for them, for he was then wealthy, ment, and for fulfilling treaty stipulations with from any facts there stated, it can result as a con- as has been stated by the honorable Senator from various Indian tribes for the year ending June sequence that the United States are under an ob- Louisiana. He was then in prosperity, and is 30th, 1853; kaation to pay this claim, unless we are under a now poor and old, feeble and disabled.' I found A bill making appropriations for the payment general obligation, when an individual has become him in office, and I was afraid then that he was not of invalid and other pensions for the year 1853; distinguished as a geographer, and has devoted his able to discharge its duties. But I retained him A bill making appropriations for the payment time and attention and talents to scientific pur- | there, because I felt that to turn him out would be of Navy pensions for the year ending 30th June, tuits, to come forward and pay from the Treasury turning out an old and serviceable man, on the 1853; and ea that account. I do not see why we should pay charity of a cold and unfeeling world. I shall A bill for carrying into execution, in further this claim in this particular case.

vote for the claim, and shall be very sorry to see part, the twelfth article of the treaty with Mexico Mr. BADGER. I wish to ask a question of it rejected.

of the 2d of February, 1848. the honorable Senator from Louisiana. Has not Mr. BRADBURY. I would gladly vote for On motion by Mr. HOUSTON, it was a bill, precisely in this form, passed the Senate this bill, but I cannot regard it in any other light Ordered, That the Committee of Ways and Means be heretofore? I'understand from him that such a than as a gratuity. Therefore, without going into discharged from the further consideration of the petition of bill has passed this body. I wish, then, to say, the facts of the case I wish to record my vote

John B. Rogers, and that it be referred to the Committee without any further investigation of the subject, | against it. that that fací determines my vote. If we undertake The bill was reported to the Senate, and on the

On motion by Mr. HOUSTON, it was to investigate and reinvestigate all the private bills question of ordering it to be engrossed for a third

Ordered, That the Committee of Ways and Means be that come before us, we shall never be able, what- l reading,

discharged from the further consideration of the petition of

Vincent Walker and others, watchmen of the Gosport ever diligence we bestow on them, to do justice to Mr. FELCH asked for the yeas and nays; and navy-yard, asking for an increase of pay; and the petition one fiftieth part of the claims which come here. they were ordered; and, being taken, were--yeas

of H. W. King, clerk of the naval constructor of the GosPor my own part it is with extreme difficulty I || 29, nays 11; as follow:

port navy-yard, asking increase of pay; and that they be

referred io the Committee on Naval Atairs. can be prevailed upon to vote against a private bill YEAS — Messrs. Atchison, Badger, Borland, Bright, which comes before us with the sanction of all Brodhead, Clemens, Dawson, Dodge of Wisconsin, Dodge

PUBLIC PRINTING. the merabers of a committee of this body. The of Iowa, Douglas, Downs, Fish, Geyer, Gwin, Hamlin,

Mr. HOUSTON. I am įnstructed by the ComSenate have already determined this case. They | Pratt, Rusk, Sebastian, Seward, shields, Smith, Spruance, | mittee of Ways and Means to report to the House have determined that in equity this sum is properly and Walker --29.

some papers which have been referred to that due to this individual. I am therefore relieved NAYS-Messrs. Bayard, Berrien, Bradbury, Felch, Hun- committee by the Secretary of the Treasury, that from all further difficulty: I will not go into an ter, Jones of Tennessee, King, Norris, Sumner, Wade, and

the House may take the order that it considers investigation to ascertain whether that decision of

necessary upon the subject. There is a letter the Senate was right or wrong. I presume it was


from the public printer, Mr. Hamilton, and also right. I am satisfied it was right. I am sure it The following engrossed bills were severally read one from the acting Secretary of the Treasury, vas right. the third time and passed:

calling upon the Committee of Ways and Means The report of the committee upon this claim A bill for the relief of Charles Melrose;

to pay for printing the annual estimates of the having been procured, was read to the Senate. It A bill granting a pension to Sally T. Floyd, Il Secretary of the Treasury, which were laid upon

of Claims.

Whitcomb -11.


our tables some few weeks since. The Commit- Mr. HOUSTON. If the House do not want how it can be disposed of otherwise than by retee of Ways and Means do not conceive it to be to hear me, of course I do not wish to press myself ferring it to some committee, for the purpose of their duty io investigate matters of printing. In upon their attention.

settling the principle upon which the rate of comthe first place it seems to have been usual, as far The SPEAKER. The gentleman from Ala- | pensation must be determined. as the committee can ascertain the facts, for the bama having once addressed the House upon this Mr. HALL. I rise for the purpose of moving Secretary of the Treasury to pay for the printing | subject, is not in order, if any other gentleman | the previous question. And I will say that my of these annual estimates out of his own contin- wishes to speak upon the same subject.

only object is to cut off debate. If any gentlegent fund for printing. He writes, however, that No other gentleman having claimed the floor, man desires that I should make a motion to dishe has no fund out of which to pay it. The Mr. HOUSTON (resuming) said: I did not pose of the matter, I will do it with the greatest printer, it seems,

has charged for the printing of know that I was trespassing upon the patience of pleasure. the estimates as a job; he does not consider that it the House, or I should not have attempied to make Mr. FICKLIN. I would suggest to the genfalls within the range and influence of his contract; any remarks upon this subject.

tleman from Missouri, (Mr. Hall,) that he move and we were asked to make an appropriation to


was going on to say, that, in my opinion, the to refer this matter to the Committee on the Judimeet his account. We did not feel authorized to principle to be settled in connection with that ac- ciary, with instruction that they settle the principle do so, for if the work went to the public printer count is one which ought to be settled by the whether or not tiris account should come under the as a part of the public printing of the House, then, Commitiee on Printing. It is their province to contract with the publie printer. in the opinion of the committee, it would fall examine the contract with the public printer, and Mr. HALL. I move that this matter be rewithin the range of his contract, and the rates of see whether, from the general scope and tenor offerred to the Commitee on the Expenditures of charge must be influenced and controlled by that that contract, this account should not be embraced the Treasury Department. And upon that mo

The matter was not, however, appro- in it. If so, then the Committee on Accounts, if | tion I call for the previous question. priately before the Committee of Ways and that is the appropriate committee, can pay it, or it Mr. HIBBARD. I rise io a question of order. Means, nor could it be; and the committee there- may take such a direction as the House may There was already a motion pending to refer this fore deemed it prudent to report the papers to the choose to give it, that it may receive its liquidation. matter to the Committee on Printing. House, and lei the House make such order as it But unless the Committee of Ways and Means The SPEAKER. That motion will not be cut might see fit upon the subject. I ask for the read- were satisfied what the proper charges were, and off by the previous question. ing of the letters. I suppose that the Joint Com- unless they were satisfied whether or not it should Mr. HIBBARD. * Will not that motion take mittee on Printing would be the proper committee be included in the contract with the public printer, precedence? to which to refer them.

it is impossible for them intelligibly and satisfac- The SPEAKER. It will take precedence. The letters in regard to the matter were then torily to make an appropriation for its liquidation. Mr. ORR. Mr. Speaker, I desire to sayread.

I am asked by some gentlemen around me how The SPEAKER. "Debate is not in order pendMr. HIBBARD moved that the papers be re- this printing has heretofore been paid for. A law | ing the call for the previous question. ferred to the Committee on Printing.

was passed in 1846, providing that the Secretary Mr. ORR. Then I move to lay the whole subMr. GORMAN. It seems to me that this of the Treasury should have prepared, printed, and ject upon the table. communication ought not to be so referred. It laid upon the desks of the members, the first day The question was put, and on division, there has been before that committee already, or at of the session of Congress, annually, estimates of were-ayes 30, noes 74-no quorum voting. least it has been before one member of that com- the appropriations required in that Department. Mr. CLINGMAN called for tellers; which were mittee. I have examined it myself, and I do not The printing of those estimates has been paid for, ordered, and Messrs. HAMILTON, and STEPHENS see what the Committee on Printing has to do as I understand it, out of the contingent fund of of Georgia, were appointed. with the auditing and settling of an account of the Treasury Department, by the Secretary of the The question was then taken, and the tellers rethe public printer. It seemsathat the Secretary of Treasury. I am not aware that it has ever beforeported—ayes 10, noes 115. the Treasury had some printing done; the public been referred to any committee of this House. So the motion was not agreed to, and the subprinter presented his account to that officer for Mr. STEPHENS, of Georgia. At what rateject was not laid upon the table. payment; the Secretary declined making the pay- has it been paid?

The previous question was then seconded, and ment, alleging that he had no funds; the public Mr. HOUSTON. I do not know what rate the main guestion ordered to be put; which quesprinter then brought his account to me, and asked the Secretary of the Treasury has allowed for the tion was first on the reference of the subject to the my opinion about it; and I told him-and, I be- work.

Committee on Printing: lieve, indorsed it on the back of the account—that, Mr. STEPHENS. What I wished to inquire The question was taken, and decided in the af. in my opinion, the Secretary of the Treasury was, whether this printing has heretofore been firmative. was bound, under the law, to pay that account, done at the contract, or job rates?

REPORTS OF COMMITTEES. or cause it to be paid. That the Committee on Mr. HOUSTON. I do not know what rates Printing should be compelled to make an audit- the Secretary of the Treasury has heretofore al

Mr. SEYMOUR, of New York. The Comor's office of itself in regard to the accounts of lowed. I presume, however, that it has been paid | mittee on Commerce have instructed me to report the public printer, is not, I apprehend, within for at the job rates.

to the House that in consequence of the large and the purview of the duties assigned to it. The Mr. BAYLY, of Virginia. The printing of increasing amount of business before them, they Committee of Ways and Means have to devise these estimates has heretofore been done under the

are in need of a clerk. They have, therefore, diways and means for the payment of the debts of law of Congress requiring the Departments to

rected me to offer the following resolution: this nation. This matter" has been referred once have the printing done by contract. I inquired of Resolved, that the Committee on Commerce be authoş. by the letter of the Secretary of the Treasury to my friend from Tennessee, (Mr. Jones,] how the

ized to employ a clerk at the usual rate of compensation. that committee. It should go there now. They work has been heretofore done, but he says he

Mr. JONES, of Tennessee. I think that it is must find means to pay this account, if the Secré- has no means of ascertaining, and I do not know. unnecessary for that committee to have a clerk. I tary of the Treasury has not the means of doing Mr. ORR. I am under the impression that, move, therefore, to lay the resolution upon the it. The Committee on Printing have no mode of heretofore, the estimates of the Secretary of the table. ascertaining anything except whether the printing Treasury have been printed by a printer other The question was taken, and the resolution was was done. That, I apprehend, is not in contro- than the public printer of either House of Con- laid upon the table-ayes 82,

noes 46. versy. The only question in controversy is, how gress. It has been included in a class known in Mr. WALSH, from the Committee on Comis the work to be paid for? and the duty of ascer- the last Congress as “Department Printing. It merce, to which was referred the petition of certaining ihat, helongs certainly to the Committee of was never done by the public printer.

tain owners of the Swedish barque Ulrica, reported Ways and Means. The Committee on Printing Mr. HOUSTON. That is the point which I

"a bill to admit a certain vessel to registry, do not want to have anything to do with the mat- was endeavoring to present, that heretofore, in which, having been read a first and second time ter. It is not within the purview of the duties carrying out the law of 1846, the Secretary of the || by its titleassigned to them. I am willing, however, to Treasury has let out this, as a part of the print- Mr. WALSH expressed the hope that the bill undertake any

task which the House may impose ling of the Department, and has paid for it out of would be read through and put upon its passage. upon me, and I have no doubt that I may say the the contingent fund of that Department; and paid The vessel was now lying in the harbor of Charlessame for the whole of the Committee on Printing for it at the rates

which he pays for his other print- | ton, ready for sea. Mr. HOUSTON. The gentleman from Indiana ing. I suppose he has paid for it heretofore as a

The bill was read through, and then ordered to [Mr. Gorman] I think misapprehends the force of job, under the contract or arrangement, such as he be engrossed and read a third time; and having my remarks. I have no doubt the House will see has made with his printer. I believe, furthermore, been engrossed, it was read a third time and at once, after reading the letter from the Secretary with the gentleman from South Carolina, (Mr. passed. of the Treasury, that there was a principle to set- ORR,] that in every instance. heretofore the On motion by Mr. HALL, it was lle, in connection with that account, before it could printing of these estimates has been done by Ordered, That the Committee on Public Lands be disbe paid by any committee. The Committee of some other printer than the public printer for charged from the further consideration of the petition of Ways and Means did not refer it back to the House | either House of Congress.

Wliliam S. Grayson and other settlers on the Maison because they had not the ways and means of liqui

Rouge Grant; the petition of Samuel Gladney; the petition

I have nothing to do with the contingent fund of William B. Ross, and other citizens of Columbia county, dating the debt, but because a principle was in- of the Secretary of the Treasury. If he has ex- Florida ; and that they be referred to the Committee on Pris volved which they believed ought to be settled by hausted that fund improperly, it is a matter which

vate Land Claims. some appropriate committee of this House before has to come before this House, when he gives us On motion by Mr. HALL, it was the Committee of Ways and Means should be an account of his expenditures. If then the

Ordered, That the Committee on Public Lands be discalled upon to make an appropriation.

Committees on Expenditures of the various de- charged from the further consideration of resolutions of the Mr. HALL, (interrupting.) I rise to a point of partments of the Government see fit to take up

public meeting of the citizens of Shelbyville, Indiana, on order. I believe the gentleman from Alabama ihis subject, they can give us all the information

the subject of grants of the public lands, and against the

assignment of land warrants issued under the act of Sep(Mr. Houston) has already addressed the House which may be desired, but until then, we have no tember 28, 1850, and that they be referred to the Committee once upon this subject, and according to our rules, | course left but to bring the matter before the House, on Agriculture. he has no right to speak again so long as any other that it may take such direction as the House may Mr. HALL also, from the same committee, remember wishes to speak upon the same subject. choose to give it. For the present, I do not see ported “A bill in relation to a certain lot of land


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in the town of Gnadenhutten, in the State of Mr. McMULLIN. I accept of the modification Philip Miller; which was read a first and second Oiaio;" which, having been read a first and second of the gentleman from Alabama, (Mr. COBB.) time by its title, referred to a committee of the time by its title, he moved that it be put on its Mr. JONES, of Tennessee. If this bill be Whole House, made the order of the day for topassage.

committed to either committee, it certainly should morrow, and ordered to be printed. Mr. H. said: I only wish to say in reference to go to the Committee of the Whole on the state of Also, from the same committee, made adverse this bill, that by an act of Congress in 1824, a lot the Union. It is a general bill-one not in the na- reports upon the petitions of John Concklin and of ground, about one acre in extent, was granted ture of a private claim, but proposes to dispose of Richard L. Jones, for increase of pensions; which to this town for the purpose of a market square. a large portion of the public domain of the coun- were severally ordered to lie upon the table, and The inhabitants of the town have now become so try; and it is one which will suggest itself to every be printed. fex in number that they no longer need the ground member of the House as proper to go the Com- Mr. KUHNS, from the Committee on Invalid for a market square, and they ask that they may mittee of the Whole on the state of the Union. I Pensions, made an adverse report in the following be permitted to use it for other purposes. The submit that motion.

cases; which were ordered to lie on the table and United States have no use for the ground at all. Mr. McMULLIN. I have no authority to act be printed, viz:

The bill was then ordered to be engrossed and for the committee, but so far as I am individually On the petition of Edward Quin for a pension; read a third time; and, having been engrossed, concerned as a member of the committee, and of On the petition of Mary Wright, of Conneaut, was read the third time and passed.

this House, I would accept the proposition of the Ohio, for a pension; and Mr. MOORE, of Pennsylvania, from the Com- gentleman from Tennessee, (Mr. Jones.)

On the petition of William Batchelder for a mittee on Public Lands, made an adverse report Mr. BROWN, of Mississippi. Before the pension. on the petition of William Fisher and Solomon question is taken upon the motion to print, I de- Mr. K. also, from the same committee, reported Wood; which was ordered to lie on the table and sire to give notice of my intention to introduce an two several bills for the relief of Albro Tripp and be printed.

amendment, which I ask to have included in the Joseph Johnson; which were read a first and secMr. HENN, from the Committee on Public motion to print, that it may be printed along with ond iime by their titles, referred to Committees of Lands, to which was referred House bill No. 27, the bill.

the Whole House, made the order of the day for to relinquish to the State of Iowa the lands re- The question was then taken, and the bill was to-morrow and ordered to be printed. served for salt springs therein, reported back the referred to the Committee of the Whole on the Mr. EASTMAN, from the Committee on Insame to the House without amendment and with state of the Union, and ordered to be printed, to- valid Pensions, reported two several bills for the a recommendation that it do pass; which was re- gether with the amendment offered by Mr. Brown. relief of Robert Milligin and Sylvanus Blodget; ferred to the Committee of the Whole on the state Mr. BISSELL, from the Committee on Military which were read a first and second time by their of the Union, and ordered to be printed.

Affairs, made an adverse report upon the memorial | titles, referred to Committees of the Whole House, Mr.RANTOUL, from the Committee of Claims, I of James Rogers, asking compensation for the made the order of the day for to-morrow, and reported a bill for the relief of the Orange and loss of a horse by his son, who was killed in Mex- ordered to be printed. Alexandria Railroad Company; which was read ico; which was ordered to lie upon the table and Mr. E. also, from the same committee, mado a first and second time by its title, referred to the || be printed.

adverse reports in the cases of Benjamin Holland, Committee of the Whole on the state of the Union, Mr. B. also, from the same committee, reported Hugh Wallace Wormly, and Mary Prettiman, and ordered to be printed.

a bill for the relief of Edward Everett, late surgeon praying for pensions; which were severally orMr. McMULLIN, from the Committee on Ag-l in the United States Army; which was read a first dered to lie on the table and be printed. riculture, reported back with an amendment the and second time by its title, referred to the Com

Mr. MOLONY, from the Committee on Invalid bill to encourage agriculture, commerce, manufac- mittee of the Whole House, made the order of the

Pensions, made two several adverse reports in the tures, and all other branches of industry, by grant- || day for to-morrow, and ordered to be printed

cases of Sarah Smith for a pension on the ground ing to every man who is the head of a family and Mr. WILCOX, from the Committee on Mili

of the services of her husband, Elba Smith; and a citizen of the United States, a homestead of one tary Affairs, reported a bill entitled “An act for the

on the bill for the correction of an error in the hundred and sixty acres of land out of the public relief of David C. Cash and Giles U. Ellis; which

pension of Orris Crosby; which were ordered to domain, upon condition of occupancy and cultiva- was read a first and second time by its title, re

sie on the table and be printed. tion of the same for the period herein specified; ferred to a Committee of the Whole House, made

Mr. M. also, from the same committee, reported which was read a first and second time by its title. the order of the day for to-morrow, and ordered

two several bills for the relief of Amos Knapp and Mr. McM. I am instructed by the Com- to be printed.

Artemas Conant; which were read a first and secmittee on Agriculture to move that the bill be On motion by Mr. FLORENCE,

it was

ond time by their titles, referred to Committees of referred to the Committee of the Whole on the

Ordered, That the Committee on Naval Affairs be dis- the Whole House, made the order of the day for
state of the Union, printed,
and made a special charged from the further consideration of the petition of

to-morrow, and ordered to be printed.
order of the day for the first Tuesday of February Benjamin Holbrook, asking for a revision of the decision of

the Board of Commissioners on Mexican Claims, and that On motion by Mr. M., it was
Mr. COBB. I suggest to the gentleman from
the same be referred to the Committee on the Judiciary.

Ordered, That leave be granted to withdraw the papers
Virginia (Mr. McMullin) an amendment, that it

On motion by Mr. BURROWS, it was

of James W. Low from the files of the House, for the purbe considered from day to day until disposed of.

Ordered, That the Committee on Naval Affairs, to which pose of reference in the Senate.

was referred the petition of Ira Baldwin, praying for the Mr. McMULLIN. That is part of the instruc

Mr. STUART, by unanimous consent, intro-
payment of a balance due him on a contract with the Navy
tions under which I act.

Department, be discharged from the further consideration duced the following resolution; which was read,
Mr.STEPHENS, of Georgia. I rise to a point of the same, and that it be referred to the Committee of considered, and adopted:
of order. The bill cannot be made the special

Resolved, That the Committee of Claims be instructed order without unanimous consent.

On motion by Mr. MILLSON, it was

to inquire into the expediency of erecting spindles and plaThe SPEAKER. It requires a suspension of

Ordered, That the Committee on Revolutionary Pen- cing buoys upon the “Muscle Ridges," on the coast of the rules. It cannot be made a special order unless sions, to which was referred the petition of Jesse French,

Maine; and that the said committee be authorized to take of Braintree, asking for a pension ; and the petition of

from the files of the House any papers showing the necesby unanimous consent, Cornelius Ziely, asking for a back pension, be discharged

sity of erecting spindles and placing buoys upon said Muscle Mr. MCMULLIN. I am not at liberty to de from the further consideration of the same; and that they

Ridges. part from the instructions of the committee; but if be severally referred to the Committee on Invalid Pensions. Mr. BERNHISEL. I rise and protest against it be the pleasure of the committee and of the Mr. JOHNSON, of Ohio, from the Committee the publication by the returning officers of the House, I will move that the bill be printed and on Invalid Pensions, reported a bill for the relief United States for the Territory of Utah, on their referred to the Committee of the Whole on the of John W. Robinson; which was read a first return, in Missouri papers, and now in the Nero state of the Union, and made a special order of the and second time by its title, referred to a commit- York Herald, and before it is communicated to day for the first Tuesday of February next, and tee of the Whole House, made the order of the day || Congress, of a report, extraordinary in its details, to continue from day to day until disposed of. for to-morrow, and ordered to be printed. of high crimes and misdemeanors, and calculated,

The SPEAKER. The Chair has stated that Mr. HARRIS, of Tennessee, from the Com- | if not intended, to prejudice and render odious a the motion to make this bill a special order cannot mittee on Invalid Pensions, reported bills for the distant and dependent people, and to involve them be entertained, it being objected to on the left of relief of Gardner Herring and Silas Chapman; | in inexplicable difficulties with the General Govthe Chair.

which were severally read a first and second time ernment. I ask for them a suspension of public Mr. JOHNSON, of Tennessee. I understand by the titles, referred to a committe of the opinion—of executive and legislative action-until that the gentleman from Georgia (Mr. Stephens] Whole House, made the order of the day for to- the truth can be elicited touching the grave charges withdraws his objection, and it can be made a spe- morrow, and ordered to be printed.

contained in an ex parte report. cial order of the day by unanimous consent. On motion by Mr. HARRIS, of Tennessee, it Mr. CARTTER. I wish to inquire of the DelMr. COBB. I suggest to the gentleman from

egate from Utah whether he himself did not proTennessee (Mr. Johnson) that it should go to a Ordered, That the Committee on Invalid Pensions, to

cure that publication, and cause it to be sent to the Committee of the Whole House, and not to the which were referred the petition of John Gallagher, for an Nero York Herald; and whether it is not a garCommittee of the Whole on the state of the Union. invalid pension ; the petition of Alexander Estep, praying bled report of the Utah affairs?

for a pension from the time he was disabled in the war of
If it goes there we shall never hear of it again.
1812, to the time lie was placed on the pension list; and

Mr. BERNHISEL. I reply that I did not fur-
Mr. JOHNSON. I am in hopes the objection the petition of R. L. Gaines,

praying for arrears of pension, nįsh, or cause it to be furnished. will be withdrawn. There will be ample time, be discharged from their further consideration, and that Mr. CARTTER. My information is, that the and the bill can come up and be considered in its they be severally ordered to lie on the table to be printed.

gentleman from Utah is the only person who has proper place.

Mr. H. also, from the same committee, to had access to the documents in the Department, Several MEMBERS. “I object.”

whom was referred the bill concerning invalid and that there is reason to suppose that he caused Mr. COBB. I desire that the gentleman from pensions, reported the same back to the House, the communication in the New York Herald (which Virginia (Mr. McMULLIN) will consider whether with a recommendation that it do not pass. is a garbling of the report) to be sent to that pa. the bill should not go to a Committee of the Whole. He moved that it lie upon the table; which mo- per. If that is the case I should like to see an I have never known a bill considered in the Com- tion was agreed to.

investigation had. mittee of the Whole on the state of the Union in Mr. ST. MARTIN, from the Committee on Mr. BELL. I ask leave to introduce a bill, of my life.

Invalid Pensions, reported a bill for the relief of) which previous notice has been given..


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