census returns does not come within the contract with the public printer. That being so, then, I submit to the House that that committee have no more power over this subject than they have over any other subject that may interest the members of the House. They are a committee to take care of that portion of the printing which is provided for under the joint resolution of 1846-of that printing, and that only. Now the gentleman from Indiana says-and I concur with him in that respect that by the law under which this census was taken, provision was made-after providing for the printing of the preliminary blanks-that all the other printing was thereafter to be executed as Congress should direct. Now that Printing Committee, as I understand it, was raised for the purpose of seeing that such printing as came within the joint resolution of 1846, was executed according to the terms of that joint resolution, and when, therefore, it is decided that the printing of this census does not come within the terms of the resolution, I say it withdraws from the operation of the power of the committee the entire control of this business. These are the views which I entertain upon the subject; and while I have the floor I will say further, with the permission of the gentleman from Indiana, that it is a little difficult for me to understand precisely, by what right this resolution is here. It has never been referred to the Joint Committee on Printing by this House. It is true that the other branch of Congress did refer a similar resolution to the joint committee for consideration; and it is also true that the joint committee did act upon that resolution, and report it back to the other branch of Congress. But no such resolution, emanating from this House, has been referred to the committee. The resolution has originated there, without its having been committed to them by this House.

I make these remarks, not because I desire to discuss this question in its political bearings, in any way or shape, but because I desire the House to understand that when I have come to the conclusion, in my own mind, that this census printing does not come within the contract of the public printer, and is not, therefore, within the joint resolution of 1846, I hold that it is not, consequently, within the control of the Committee on Printing.

tomb of the Capulets at once. In obedience to what I consider to be a pledge to the gentleman from New Jersey, [Mr. SKELTON,] I now move the previous question, though I will withdraw it if any gentleman desires to ask a question for information upon the subject.

Mr. STANTON, of Tennessee. I desire to ask the gentleman a question.

Mr. GORMAN. Is it for information upon this subject? If it is, I will withdraw the call for the previous question for the gentleman.

Mr. STANTON. It is. I desire to ask the gentleman this question: If the House refuse to pass this resolution, I want to know when and where we may expect to have this printing done? Mr. GORMAN. I will answer the gentleman. If the House refuse to pass this resolution, the committee will then be at sea without chart or compass.

Mr. CARTTER. I desire to inquire whether the gentleman from Indiana [Mr. GORMAN] has not yielded the floor?

The SPEAKER. The gentleman from Indiana is entitled to the floor, and is on the floor.

Mr. GORMAN. If any gentleman desires to ask any question for information upon the subject of the public printing, I will yield the floor for that purpose.

Mr. CARTTER. I desire to ask the gentleman if he will be kind enough to withdraw the previous question. The gentleman made a long speech, and closes up by moving the previous ques

tion.

The SPEAKER. The gentleman from Indiana has withdrawn his call for the previous question, but he is still entitled to the floor.

Mr. ORR. I desire to inquire of the gentleman from Indiana whether, if the previous question be seconded, and the motion of the gentleman from New Jersey [Mr. SKELTON] to reconsider the vote by which this resolution has been referred to the Committee of the Whole on the state of the Union prevails, if we do not go back then under the operation of the previous question? And I desire to inquire further, whether if, when we go back under the operation of the previous question, any amendment can be offered to the resolution?

Mr. GORMAN. I will say this, I call the previous question.

Mr. CARTTER. I move to lay the motion to reconsider upon the table.

Mr. STEPHENS, of Georgia. Upon that motion I ask the yeas and nays.

The yeas and nays were ordered, and the ques

tion being taken, there were-yeas 134, nays, 51; as follows:

Now, what shall we do in order to act in good faith with both parties? We have reported to this House the same resolution, which, with a slight variation, was reported to the Senate, and we ask you to pass it. Why? It is to stop the clamor it is to stop the cry that the public printing is not going on. All we ask is, that you shall give into the hands of the committee the power to make a contract with Donelson & Armstrong, if it can be done. If it cannot be done, there is an end of it. We ask that, and that is all we ask. Will you give it? If you will, I see no necessity for speaking upon the subject of States-rights, secession, Free-Soilism, or anything else here upon this question. Gentlemen want to know why we propose to give the job to Donelson & Armstrong. It is because we believe they will be able to do it as well as any one else, and as low as anybody else, and we prefer to give it to them, because they are political friends. I presume I shall not be misunderstood in this. Now, I ask that you will sustain this committee, constituted by your order, in this resolution which they have reported to the House according to your order. It is before you, and I ask you to reconsider the vote by which it has been referred to the Committee of the Whole on the state of the Union, where every gentleman who has had experience in this House knows that if it goes, you might as well consign it to the

YEAS-Messrs. Abercrombie, Aiken, Allison, John Appleton, William Appleton, Ashe, Averett, Babcock, Barrere, Bell, Bibighaus, Bocock, Bowie, Bowne, Bragg, Brenton, Briggs, Brooks, Geo. H. Brown, Burrows, E. C. Cabell, Caldwell, Lewis D. Campbell, Thompson Campbell, Cart

Cottman, Cullom, Curtis, Dimmick, Dockery, Doty, Duncan, Durkee, Eastman, Edgerton, Evans, Faulkner, Ficklin, Fitch, Florence, Fowler, H. M. Fuller, Gamble, Gentry, Giddings, Gilmore, Goodenow, Goodrich, Grey, Grow, Harper, Isham G. Harris, Sampson W. Harris, Haws, Hascall, Haven, Hebard, Holladay, Horsford, Houston, John W. Howe, Thomas Y. How, Jenkins, Andrew Johnson, James Johnson, John Johnson, Daniel T. Jones, G. W. Jones, J. Glancy Jones, George G. King, Preston King, Kuhns, Kurtz, Mann, Humphrey Marshall, Martin, McDonald, McNair, Meacham, Meade, Miller, Millson, Miner, Molony, John Moore, Morehead, Morrison, Murphy, Newton, Orr, Outlaw, Andrew Parker, Samuel W. Parker, Peaslee, Penniman, Phelps, Porter, Rantoul, Russell, Sackett, Schermerhorn, Schoolcraft, Schoonmaker, Scudder, Smart, Stanly, Benjamin Stanton, Alexander H. Stephens, Stone, Strother, Sweetser, Taylor, Benjamin Thompson, Townshend, Tuck, Venable, Walbridge, Wallace, Walsh, Ward, Watkins, Welch, Wells, Addison White, Alexander White, Williams, Woodward, and Yates-134.

NAYS-Messrs. Charles Allen, Thomas H. Bayly, Breckenridge, Busby, Churchwell, Cobb, Dawson, Dean, Disney, Dunham, Freeman, Thomas J. D. Fuller, Gaylord, Gorman, Green, Hall, Hamilton, Hart, Hendricks, Henn, Hibbard, Hillyer, Howard, Ingersoll, Letcher, Lockhart, Mason, McLanahan, McMullin, Murray, Nabers, Olds, Penn, Polk, Price, Robbins, Robinson, Savage, Scurry, David L. Seymour, Origen S. Seymour, Skelton, Frederick P. Stanton, Richard H. Stanton, Abraham P. Stevens, St. Martin, Stratton, Stuart, George W. Thompson, Wilcox, and Wildrick-51.

So the motion to reconsider was laid upon the table.

Mr. POLK. It is now the usual hour. I move that the House adjourn.

PETITIONS, &c. The following petitions, memorials, &c., were presented under the rule, and referred to the appropriate committees: By M. STUART: Several petitions of citizens of Laporte, Indiana, and Berrien county, Michigan, for the improvement of the harbor at New Buffalo, in said State of Michigan.

By Mr. GROW: The petition of citizens of Susquehannah county, Pennsylvania, for a mail route from Susquehannah depôt, on the New York and Erie railroad, to Lenox, in said county.

By Mr. BABCOCK: The petition of merchants, shipowners, millers, and others, of the city of Oswego, New York, praying Congress to make an appropriation to rebuild the foundation of the light house at Oswego.

Also, the petition of citizens of Oswego county, New York, praying that the military bounty land law of 1850 may be extended to the widows of officers and soldiers entitled to the benefits of said law, whether married or unmarried at the time of application.

By Mr. CHANDLER: The memorial of merchants, shipowners, underwriters, and other citizens of Philadelphia, interested in the commerce of that port, remonstrating against the repeal or impairing the efficiency of the existing law relative to expenses of proceedings in admiralty against ships and vessels, and asking for additional and definite legislation upon the subject.

By Mr. BOWNE: The petition of citizens of New York and New Jersey, for a light-house on Mill Reef.

By Mr. ALLEN, of Illinois: The petition of J. Parkinson and 80 other citizens of Marion county, State of Illinois, praying that the mails may not be carried upon the Sabbath day,

By Mr. JONES, of Pennsylvania: The memorial of Hutchison & Co. and 41 others, citizens of the United States, creditors of Texas, praying for the enactment of a law to secure the payment of their claims on Texas at the Treasury of the United States.

On motion by Mr. SCUDDER, it was

Ordered, That the petition of Elijah Swift and others, of Massachusetts, asking an appropriation for the preservation of the harbor of Great Hoods Hole, and the accompanying papers, be taken from the files and referred to the Committee on Commerce.

Also, that the petitions of William C. Starbuck and others, Josiah Bradlee and others, Charles Holden and others, Enos Kent and others, Thomas Nickerson and others, Ezra Phinney and others, William V. Kent and others, and Robert B. Williams and others, citizens of Massachusetts, asking for an appropriation for a breakwater at Great Point, Nantucket, be taken from the files and referred to the Committee on Comnierce.

IN SENATE.

WEDNESDAY, January 28, 1852.

Prayer by the Chaplain, Rev. C. M. BUTLER. EXECUTIVE COMMUNICATIONS.

The PRESIDENT pro tem. laid before the Senate a communication from the War Department, transmitting, in compliance with the resolution of the Senate of the 26th instant, a copy of a letter from Brigadier General Talcott to Colonel B. Huger, dated November 1, 1850; which was read, and referred to the Committee on Military Affairs.

PETITIONS.

Mr. MANGUM presented the memorial of William Newbold, assistant marshal for taking the Seventh Census in Pasquotank County, North Carolina, praying additional compensation; which was referred to the Committee on the Judiciary.

Mr. HUNTER presented the petitions of Ann Robinson, William K. Jennings, and Aphia W. Jennings, the legal representatives of William Bean, praying compensation out of the fund provided by the treaty of Ghent for negroes carried off by the British troops in the war of 1812; which were referred to the Committee on Foreign Relations.

Mr. HAMLIN presented the memorial of assistant marshals for taking the Seventh Census in Piscataquis county, Maine, praying additional compensation.

Ordered, That it lie on the table.

Mr. SHIELDS presented the petition of the Mayor and members of the Board of Aldermen and the Board of Common Council, of the city of Washington, praying that that city may be made a port of entry; which was referred to the Committee on Commerce.

Mr. DODGE, of Iowa, presented the petition of Charles Mason, county judge of Des Moines county, Iowa, praying the aid of the United States in the construction of a court-house and jail for that county; which was referred to the Committee on the Judiciary.

IRISH EXILED PATRIOTS.

sided, on the subject of the resolution pending

before us, for the intercession of this Government with that of England, to obtain the release of Smith O'Brien and the other exiled Irish patriais, now suffering for political offences in a British penal colony, in the Southern ocean. I fully concur with the sentiments expressed in these resolutions, which I think have been prepared with good feeling and good judgment, and in the measure it is desired the Government should adopt. For my own part, I see no political objections, no indelicacy even in such a course, not of interference, in my view, but of merciful suggestion; a just tribute to the advancing opinions of the age."

How much nobler is the friendly expression of interest and hope like this, conceived and communicated in a proper spirit of deference and respect for another power, than the angry remonstrances which crowd the pages of diplomatic history in every age of this world! Such a proceeding is an intercourse of good offices honorable to the motives of the country adopting it, and to the country receiving it, if received, as I trust this would be, with the feelings of confidence and regard which dictate our conduct. Of course it imposes no obligations upon either of the parties, though certainly its favorable issue could not fail to strengthen the ties of amity between England and us. The Government of that country well knows that this is not a case where our application is uncalled-for, or which originates in unworthy motives. It knows well, that a very considerable portion of our population is connected with Ireland, either by birth or descent, and that many of them are connected also by the ties of blood with these unfortunate exiles. They sympathize deeply, as do indeed the whole American people, with the hard fate of these banished patriots-a feeling, I have no doubt, which prevails to a considerable extent in England, and one which animates the English people, and which they never fail to display when such occurrences take place in other countries.

It is said, sir, that this proceeding will open the way for similar applications, and that it is an improper interference with another Government, and it has also been feared that we might be embarrassed hereafter by the very precedent, applied to ourselves, which it is now sought to establish.

Mr. President, a great change has taken place in the opinions of the world, on the subject of political offences. They nowhere carry with them reproach or shame. They violate indeed existing laws, but they generally originate in the most praiseworthy motives, and are pursued at the hazard of every earthly good, as Washington and a host of other illustrious men in ancient and in modern days pursued their patriotic enterprises.

Nothing more distinctly marks the improved condition of public feeling than the abolition in all constitutional governments of those atrocious and revolting punishments, once inexorably inflicted by power upon patriotism. To feel and express commiseration for such victims is now acknowledged to be consistent with every principle of the most rigid morality. They are recognized as being unfortunate, but not vicious. Indeed, they are often noble men, as are those whose case engages our attention, and who deserve the kind interest of the world, both from their motives and their character, and also from the position, once high, but now low, to which they have fallen, and in consequence of an effort made not for themselves, but for their country. It cannot be there is not the slightest danger of it-that such a national application will ever be made in any case but in one like this, which is as far from moral guilt as innocence is from crime. Let no one fear that this example will ever be used or abused for the purpose of intermeddling with the ordinary criminal proceedings of other powers. The vicious will find no commiseration for their punishment, nor will any friendly hand be stretched forth to aid them. And even in this case, however much our interest might have been excited, it would have probably led to no action, had we not found a justification in the circumstances I have stated. There is, therefore, no ground to apprehend that nations might become embarrassed by such applications, or that they would lead to ill will or misunderstanding. As to improper interference, it appears to me an entire misconstruction of the term to apply it to a case like this. It is not interference at all; it is intercession. It is a simple request, made from the best motives in the best

spirit, and presented in the most unexceptionable language, and it leaves the British Government free to act its own pleasure, without giving us the slightest offence, should the result be unsuccessful. How such a course can be construed into improper interference, it passes my powers of comprehension to perceive, as it did two years ago, to understand how the refusal to make an appropriation to maintain a Minister at the Court of Vienna could be an unjustifiable interference with the Austrian Government. And after puzzling myself upon the subject, time and again, I am just as much in the dark as ever. It is best to let a little common sense into our diplomatic questions, and not be too sensitive as to the expression of our sentiments under proper circumstances. Depend upon it, sir, we shall best preserve our own self-respect by such a course, and secure the respect of the world.

If this request is granted, it would be an act that would produce a most favorable effect upon the people of this country; and if refused, as I have said, there the matter would end, unless, indeed, the British Government should so far forget what is due to itself and to us, as to give a rude answer, not justified by the circumstances, nor the manner of the application. I have no belief, sir, that such a gratuitous folly would be committed; and even if it were, we should find some means of not being left in debt upon the occasion. National dignity is a good thing, but let us not be everlastingly afraid that ours is in danger.

As to the encouragement that this step would give to similar applications by other powers to us, it does not occasion me the slightest concern. When such a case occurs here, and a like interest is felt elsewhere, and from like circumstances, and an intercession is made for a similar object, and in unexceptionable language, I trust it will be received in the best feeling; aye, and granted, too, unless there are far stronger objections to the measure than there appears to me to be in the present instance. If there could be any fear, which I am satisfied there would not be, of the release of these banished sufferers, lest they might again become dangerous, let them be sent to this great asylum of the oppressed of all nations, where we shall be ready to receive them, and admit them to all the privileges of our political system as soon as the provisions of our Constitution will permit. If England hails their departure, we should welcome their arrival.

One word, sir, on the subject of precedents, whose appearance I anticipate on this occasion, as an old enemy, always upon the alert to enforce the stand-still policy. For once let us put a foot down without first peering carefully about to ascertain if a foot was ever placed in that precise spot before. Let us yield to the generous sympathy of our nature. Let us obey the inspirations of the age, and try, where the trial is proper, "to set the prisoner free." If the world must have precedents, let us make one; they have been made before us; and this will be a precedent for peace, and not for war; for mercy, and not for vengeance nor oppression; a precedent for intercession between Governments, in favor of suffering humanity. Let us set an example, if there never was one before.

There have been examples enough of folly and cruelty in national inter communications. We shall lose, neither in position nor character, by endeavoring to furnish some of wisdom and mercy. If success follows the effort it would be a brighter page in our history, than is supplied by the bloodiest and most renowned of our battlefields. I shall vote for the original resolution, even if it is not modified, because, though the President has declined to enter into a diplomatic correspondence with the British Government upon this subject, on an application recently made to him, I do not understand that he would have any objections to such a measure, if Congress should take upon itself the responsibility of inviting his action; and I feel assured that the President would be gratified to see the accomplishment of the object, by means, that might appear to him proper, as he expressed upon that occasion, the sympathies, that an American citizen and an American Chief Magistrate ought to feel, under such circumstances. But, sir, there is a mode, in which this expression of national feeling may be obtained, and this difficulty and others too, that have been urged, avoided, and that is, by so modifying

the resolution, that it shall not require a formal communication to the British Government, but shall be merely the expression of the deep interest the American people feel in the fate of these exiles, and our hope, that they will be speedily restored to the condition of freemen.

This course would require no formal diplomatic correspondence, though it would make part of our legislative history, testifying the feelings of the people, and would become known to the British Government, through their Minister or through our own, in an informal way, as is often the case, and also by the public journals of the day, and the moral effect would be as great as a more direct application. I cannot believe that the British Cabinet would hesitate to yield to a wish of this country so unexceptionably expressed.

Mr. President, is it surprising that the sympathy of the whole American people is so generally awakened by misfortunes, as deplorable as these cases present, and which appeal so powerfully to the best feelings of our nature, and in an especial manner to that large class of our fellow-citizens, who trace their origin to Ireland? Wherever there is political oppression in the world, the heart of an Irishman is with the oppressed, and his head and hands too, when the suffering is within his reach.

Ireland has furnished, and yet furnishes, a great portion of our emigrant population, whose worth and talent and industry have added largely to the power and resources of the country. The victim of harsh and hard laws at home, the emigrant from that unfortunate land, knows how to value liberty here; and I believe it would be a phenomenon to find an Irishman who was not ardently attached to the Constitution and union of these States.

And this attachment they have sealed with their blood, upon every battle-field from Quebec to Mexico; defending with unsurpassed valor the standard of our country, from Montgomery, who fell almost under the Arctic Circle, to my friend from Illinois, [Mr. SHIELDS,] who poured out his blood like water beneath the northern tropic, and gave me a proof of regard, rarely offered or received by man, by sending me the expression of his kind recollection, when he and the friends around him thought the hand of death was upon him, and from which condition his recovery was little less than miraculous. He who has no sympathy with such citizens, nor part in their sympathies, has few feelings in common with me.

As the resolution is already before us, I move that these proceedings lie upon the table and be printed.

Mr. BERRIEN. Let the resolutions be read.
The Secretary read them as follows:

Whereas, in the year 1848, when the people of Ireland felt deeply aggrieved for their political and social condition, and alleged that that condition was in a great measure owing to the administrative policy of the Government of England towards that country:

And whereas Messrs. O'Brien, Mitchell, Meagher, O'Donohue, Martin, O'Dougherty, and others, deemed that a resort to revolutionary measures was the only remedy presented by which to redress the grievances complained of: And whereas their error, if they did err, was one of opinjon as to the best mode to be adopted to remedy the existing evils and relieve the sufferings of the people of Irelandwhich sufferings and the necessity for relief were admitted by the Government of England:

And whereas the means adopted by these political offenders against the existing authorities of the British Empire resulted in their condemnation and banishment to a penal colony:

And whereas we deeply deplore their present sufferings, and anxiously desire their release and restoration to their families and to society:

And whereas a resolution is now pending before the Congress of the United States in the following words, to wit: "Be it resolved, &c., That in consideration of the general sympathy felt by the people of the United States for Smith O'Brien, Thomas F. Meagher, and their immediate associates, (exiled Irish patriots,) and the warm sympathies felt by the countrymen of these distinguished sufferers, who have become citizens of the United States, the President of the United States be requested to authorize a correspondence to be opened with the Government of her Majesty, the Queen of Great Britain and Ireland, appealing to the magnanimity of the British Government and people in their behalf, and respectfully requesting the liberation of these personages from their present confinement, with an offer to receive them upon the hospitable shores of the United States."

O'Brien, Mitchell, Meagher, and their associates in exile, Resolved, That we deeply sympathize with Messrs. and heartily respond to the sentiments contained in, and the objects contemplated by, the foregoing resolution, and respectfully recommend to our Senators and Representatives in the Congress of the United States, that they each give to the same an earnest, cordial, and efficient support. Resolved, That we do not assume for our Government the right to dictate to, or in any wise interfere with, the ac

tion of any foreign power, în relation to its domestic policy, but as a member of the great family of nations, desirous of cultivating in the hearts of governments a care for the happiness of individuals, a solicitude for their improvement, and a sympathy for their sufferings, we wish to express in his form our painful sense of the condition of the individaals in question, and ask such respect for our application as may comport with the dignity and policy of Great Britain, and the humane and liberal sentiment of the age, beieving that the advancement of civilization and christian morality has induced an international sympathy which we feel fully justifies such a procedure on our part.

Resolved, That the strength of the British Empire and the present tranquillity of Ireland, forbid the idea that these political offenders cannot be set at liberty with safety to the Government, and that when the public security or the reformation of the sufferer is not the purpose or the apparent tendency of punishment, but the reflection of terror and the gratification of resentment, it only tends to exasperate its victims, corrupt its authors, and deaden the moral sense of the community which it affects.

Resolved, That the exercise of this act of clemency and merey on the part of the British Government, in obedience to the request of America, would tend to efface the asperity which became interwoven with the early history of the Republic, and establish more plainly the relations of amity and peace, which now so happily exist between the two Governments.

Resolved, That a copy of the foregoing preamble and res olutions be forwarded by the president of this meeting to the President of the United States, the President of the United States Senate, and each of our Senators in that body, and the Speaker of the House of Representatives, and each of our Representatives in that body.

Mr. HALE. I do not propose to detain the Senate but a moment; but I rise to express my cordial approbation and assent to every word which has so eloquently fallen from the lips of the honorable Senator from Michigan. It is rarely that I allow myself to throw a consideration personal to myself upon this body, or upon any body which I have the honor to address; but upon this occasion I dulge me for a moment, inope the Senate will in

suggest a single fact that may excuse somewhat the warmth which I feel on this subject.

Sir, my mother, many years dead, was the only child of an Irish exile. His name was O'Brien. And I should feel, if in this place, or in any place, whenever and wherever a word of sympathy is to be expressed for an Irish exile and an O'Brien, that I should be false to every pulsation of my heart, to every drop of blood that flows in these veins, and to that which no man can be false to, the memory of a deceased mother, if I did not express it. No, sir; let whatever consequences, personal or political, stand in the way, so long as the blood of my mother flows in my veins, and so long as I remember who I am, and what I am, whatever words of sympathy, of counsel, or of encouragement, an Irish exile can have, that he shall have from me.

These are the reasons and the motives which impel me, and they are powerful beyond and over everything else. I confess that if I have an impulse and a passion, which is reckless and uncalculating as to consequences, it is when an appeal is inade to my heart for an Irish exile, more particularly and emphatically when that exile is an O'Brien. Sir, I go with the honorable Senator from Michigan-I go for this movement with all my heart; and I yield to the truth of another declaration of the honorable Senator and that is, that the heart of the Irishman is with the oppressed. I do not want to give that a technical, local, or fanatical meaning. It is true there is an old maxim of the common law, that "corporations have no souls;" and hence it is inferred, that having no souls they have no sympathies, no affections, and no hearts. It may have been true; but I trust that this great corporation of States and communities may come forward and demonstrate to-day that that exploded idea of the common law is not true as relates to this great corporation of municipalities and States; and that we shall demonstrate that we have souls and hearts that can feel.

If, from motives of State policy, the President of the United States shall decline to interfere, it will be none the less true that the resolution of the American Senate has been spoken, and that it has spoken and echoed and reëchoed the sentiments of the great American people, and that will carry with it all the moral force that it is entitled to. So far as that is concerned-the moral force that is to be attached to the declaration of the sentiments of the American Senate-with all respect to the President of the United States, I tell him it is of very little consequence whether his name is affixed to it or not. The resolution will have been entertained, the Senate will have spoken, and whether the British Government shall lend a re

sponsive ear to the interposition which we propose to make or not, it will have its moral effect, and it will reach and cheer the hearts of these victims of oppression in their lonely and desolate place of exile. Sir, it will do that if it does nothing else; and it will teach another lession-it will teach the oppressed the world over that the nations of the earth have exploded and are exploding the notions that corporations, great and small, have no souls, and that they have learned that the men of which they are composed have souls, and have hearts, and that they do not forget the promptings which spring from those hearts; that they assume the responsibilities which belong to them as Senators. Having said thus much I leave the subject, with the earnest hope that the Senate will consent to act favorably in relation to it.

Mr. BUTLER. I would like to say a single word in connection with this subject.

The PRESIDENT. There is no question before the Senate, but by unanimous consent the Senator can proceed.

Mr. BUTLER. There are many reasons which would induce me to take an active part for the release and pardon of these patriots who have been made so much the subject of eloquent eulogy. Permit me to say, however, that if the object of gentlemen be to procure the release and pardon of John Mitchell and Wm. Smith O'Brien, I believe they are taking the very worst course that could be suggested to accomplish the object. If a proper application were to be made to the British Queen, by an appeal to the British Minister, or in some other mode that would be likely to be acceptable, as an appeal to her clemency, perhaps the object might be attained. But if in applying for the pardon of these patriots, you use the language of reproach to the British Government, you might as well expect to release a victim with his hand in the wolf's mouth, by irritating the wolf. If you expect to attain the object contemplated and I am sincerely disposed to take every reasonable measure to effect it-it is not to be done by reproaching the British Government.

There are many considerations which would induce me to take a special interest in the fate of these gentlemen, particularly in the fate of one of them. I allude to Mr. Mitchell. I have thought that something might be done, but not in this way -not by making it a subject of political discussion (by that course we might cheer the Irish and rouse them, and obtain their applause and support, for ought I know, but we shall not subserve the end contemplated of procuring the pardon and release of these prisoners)-for, by that course, we shall defeat the very object in view. Why, do you suppose that you can approach the British Government and tell them that this is our opinion, and that it must yield to the demonstrations of public feeling in America, upon the subject of their government? I will answer for it, that John Bull has resentment enough to hurl back upon you any such attempt to influence his policy by a legislative demonstration of this kind. No, sir; it is a false step-permit me so to say. I am willing to vote for any resolution in favor of these patriots, who have been banished from their country because they loved it; and who were willing to run the hazard of measures of redress for wrongs, which they supposed, at least, they were suffering under. Surely something must be doned to the spirit of liberty, under which they acted. My sympathies are with them. But to make my views effective, I am not going to take a step of this kind, which I know must result in failure. If we are to do things of this kind, whenever we may think it convenient, in relation to foreign Governments, we may involve ourselves in the predicament of making a demonstration when we cannot back it by any legislative act whatever. I am not willing to see the American Senate or the American Government place itself in the situation which it cannot maintain. If you intend to take this position for the purpose of procuring the pardon of these exiles, you are not to do it by menaces and reproaches; you are not to do it by mere vain declarations, that the institutions of Great Britain are rotten, and that we intend to correct them by our interference, and rescue Ireland. The object will not be attained by declarations of this kind.

par

I would to God I could take some step for the release of John Mitchell and Smith O'Brien. I will not state all that I have done in relation to this

matter; but I have been perfectly willing to join with others to approach the British Governnient in such a way as to procure their pardon. I believe it might have been done, or that something might have been done towards it; but I cannot countenance a proceeding of this kind, which I think must result in utter failure.

Mr. SHIELDS. I do not mean to speak on this subject at present; but I do wish to say to my friend from South Carolina that I feel there is great force in the remarks he has made this morning. I feel that the object cannot be accomplished by an attack upon the British Government. My object in rising at this time was to ask the Senate to take up the resolution which is now on the table, in regard to this subject, in order that some future day may be assigned for its consideration. I leave that day at the discretion of the Senate; but I wish the resolution to be taken up at as early a day as possible. When it shall be taken up I wish to say a few words on this subject. I would state that I wish the resolution to be taken up for the purpose of offering an amendment so as to avoid making it a diplomatic measure. My object is so to modify the resolution as to avoid the possibility of a repulse on the part of the English Government. I should be very sorry to see this Government make an application, officially, to the British Government, which that Government would be authorized to treat with contempt. As a citizen of this country, I should be one of the last to seek to place this Government in that condition. My object, therefore, is to put the resolution into such a form as that, while, indirectly, it will accomplish the object, as I trust it will, we shall at the same time preserve the dignity of this Government under all circumstances, and give no earthly or reasonable cause of offence whatever to the British Government. When the resolution shall be called up at some future day, I hope to be able to put it into that shape; or if I should not be able to accomplish it, I hope the honorable Senator from Michigan, who has already made the suggestion, and other Senators more experienced than I am, will aid me in the accomplishment of

that end.

Mr. CASS. I would suggest to the Senator that he had better lay his amendment on the table, and let it be printed.

Mr. SHIELDS. I would like to have as early a day as possible fixed for the consideration of the resolution.

Mr. BADGER. Why not to-morrow? Mr. SHIELDS, (after consultation with several Senators.) I will say Monday, as I believe there is no special business before the Senate for that day. In accordance with a suggestion of the Senator from Michigan, I will not call up the resolution until to-morrow; and I will prepare my amendment in the mean time.

The PRESIDENT. The Chair will state that, inasmuch as there is no question before the Senate, and as the resolution to which the Senator from Illinois refers is on the table, this discussion is altogether out of order. It has only been tolerated by unanimous consent.

Mr.-BADGER. I merely wish to remind the Chair that there is as much a subject of discussion now before the Senate as there was when the Senator from Michigan made his speech.

The PRESIDENT. The Chair is aware of that; but he did not know, until the resolutions were handed up by the Senator from Michigan, what that Senator was about to bring before the Senate.

Mr. CASS. I held the resolutions in my hand while I was speaking.

Mr. BADGER. I believe that, under the rules, no Senator can make a speech unless there is some subject before the Senate. There must either be a motion pending, or he must make a motion before he can make a speech.

The PRESIDENT. The Chair did not know, until he saw the resolutions presented by the Senator from Michigan, whether there was any subject properly before the Senate.

The resolutions were laid upon the table.

PAPERS WITHDRAWN AND REFERRED.

On motion by Mr. SOULE, it was

Ordered, That the memorial of the corporate authorities of Shreveport, Louisiana, on the files of the Senate, relating to a Marine Hospital at that place, be referred to the Committee on Commerce.

On motion by Mr. DOWNS, it was

Ordered, That the petition of Joseph H. D. Bowmar, on the files of the Senate, be referred to the Committee on Private Land Claims.

On motion by Mr. MALLORY, it was Ordered, That the documents on the files of the Senate, relating to the claim of John P. Duval, be referred to the Committee on Military Affairs.

On motion by Mr. BERRIEN, it was

Ordered, That the memorial of William Y. Hansell, William H. Underwood, and the legal representatives of Sainuel Rockwell, deceased, on the files of the Senate, be referred to the Committee on the Judiciary.

On motion by Mr. SEBASTIAN, it was Ordered, That the petition of the heirs-at-law of Joseph Valliere D'Hauterive, on the files of the Senate, be referred to the Committee on the Judiciary.

On motion by Mr. GWIN, it was

Ordered, That the message of the President of the United States in relation to California claims, communicated the 26th instant, be referred to the Committee on the Judiciary. REPORTS FROM STANDING COMMITTEES. Mr. RUSK, from the Committee on the Post Office and Post Roads, to which was referred the joint resolution to provide ice-boats for the Potomac river, reported it back without amendment.

Mr. BUTLER, from the Committee on the Judiciary, to which was referred a bill "to amend an act entitled 'An act for the punishment of crimes in the District of Columbia," " reported it back without amendment.

Mr. BRADBURY, from the Committee on the Judiciary, reported a joint resolution authorizing the purchase of the ninth volume of the laws of the United States; which was read and passed to the second reading.

Mr. HAMLIN, from the Committee on Commerce, to which was referred a memorial of F. McManus, reported a bill for extending like principles to those conferred by the act entitled "An act allowing drawback upon foreign merchandise exported in the original packages to Chihuahua and Santa Fé, Mexico, and to the British North American Provinces adjoining the Uunited States," approved March 3, 1845, to foreign merchandise exported to Mexico by certain indicated routes; which was read and passed to the second reading. On motion by Mr. HAMLIN, it was

Ordered, That the Committee on Commerce be discharged from the further consideration of the memorial of merchants, underwriters, and others, interested in commerce, presented the 21st instant.

Mr. HUNTER, from the Committee on Finance, to which was referred the bill to remit or refund duties on goods, wares, and merchandise destroyed by fire, reported it with amendments.

He also, from the same committee, to which was referred the bill for the relief of Williams, Staples & Williams, reported it without amendment.

He also, from the same committee, to which was referred the bill for the relief of James Ferguson, surviving partner of the firm of Ferguson & Milhado, reported it without amendment."

Mr. BERRIEN, from the Committee on the Judiciary, to which was referred the memorial of William Woodbridge and Henry Chipman, praying compensation for services in adjusting titles to land in Michigan, reported a bill for their relief; which was read and passed to the second reading.

On motion by Mr. JONES, of Tennessee, it was Ordered, That the Committee on Military Affairs be discharged from the further consideration of the memorial of J. Smith, and that it be referred to the Committee of Claims. On motion by Mr. DOWNS, it was Ordered, That the Committee on the Judiciary be discharged from the further consideration of the memorial of George Hervey.

On motion by Mr. DOWNS, it was

Ordered, That the Committee on the Judiciary be discharged from the further consideration of the memorials of marshals and assistant marshals, praying additional compensation for their services in taking the Seventh Census, which have been referred to that committee, and that the same be referred to the Committee of Claims.

On motion by Mr. MORTON, it was Ordered, That the Committee of Claims be discharged from the further consideration of the memorial of Gad Humphries, and that the same be referred to the Committee on Military Affairs.

NOTICES OF BILLS.

Mr. MCRAE gave notice of his intention to ask leave to introduce a bill entitled "An act to repeal the proviso in the act of Congress entitled 'An act making appropriations for the civil and diplomatic expenses of the Government for the year ending the 30th of June, 1852, and for other purposes, approved March 3, 1851, relating to the payment

of the salaries of the officers of the Territories of the United States."

Mr. SOULE gave notice of his intention to ask leave to introduce a bill to establish a naval depôt in or near New Orleans.

BILL INTRODUCED.

Mr. DOWNS obtained leave to bring in a bill for the relief of L. E. L. A. Lawson, sole surviving heir of General Eleazer W. Ripley, deceased; which was read a first and second time by its title, and referred to the Committee on the Judiciary.

SAN DIEGO RIVER.

Mr. GWIN submitted the following resolution for consideration; which was agreed to:

Resolved, That the Committee on Naval Affairs be instructed to inquire into the expediency of appropriating such sum of money as may be necessary to divert the river of San Diego into False Bay; which river now empties into the bay of San Diego, and by its deposit is gradually filling up said bay, thereby creating a formidable obstruction to its navigation.

DEBATES OF THE SENATE.

On motion by Mr. NORRIS, and by unanimous consent, the vote ordering the resolution for settleing the accounts for reporting the debates and proceedings of the Senate to be engrossed and read a third time, was reconsidered.

The Senate resumed the consideration of the said resolution; and having been amended on the motion of Mr. NORRIS, reads as follows:

Resolved, That the Secretary of the Senate be, and he is hereby, authorized and instructed to audit, and from time to time to settle the account of John C. Rives, for the reports of the Senate proceedings and debates published in the "Daily Globe," at $7 50 per column: Provided, however, That in auditing and settling such accounts nothing shall be allowed for the publication of revised speeches, a report of which has once been published, nor for messages and reports from the executive officers of the Government, nor for reports from committees of the Senate.

Ordered, That the resolution be engrossed and read a third time.

THE COMPROMISE MEASURES.

The Senate resumed the consideration of the resolution submitted by Mr. FooтE, of Mississippi, and amended on the motion of Mr. BADGER

as follows:

A Resolution declaring the Measures of Adjustment to be a definitive settlement of the questions growing out of domestic slavery.

Be it resolved, That the series of measures embraced in the acts entitled "An act proposing to the State of Texas the establishment of her Northern and Western boundaries, the relinquishment, by the said State, of all territory claimed by her exterior to said boundaries, and of all her claims upon the United States, and to establish a territorial government for New Mexico," approved September 9, 1850; "An act for the admission of the State of California into the Union," approved September 9, 1850; "An act to establish a territorial government for Utah," approved September 9, 1850; "An act to amend and supplementary to an act entitled An act respecting fugitives from justice, and persons escaping from the service of their masters,' approved February 12, 1793," approved September 18, 1850; and "An act to suppress the slave trade in the District of Columbia," approved September 20, 1850, commonly known as the "Compromise Acts," are, in the judgment of this body, a settlement in principle and substance-a final settlement of the dangerous and exciting subjects which they embrace, and ought to be adhered to by Congress until time and ex perience shall demonstrate the necessity of further legislation to guard against evasion or abuse.

Mr. DAVIS addressed the Senate at some length, in opposition to the resolution. His speech will be found in the Appendix.

Mr. MANGUM. The Senator from Mississippi has intimated a desire to address the Senate on this subject.

Mr. McRAE. That was my intention. Mr: MANGUM. I will very cheerfully give way to the gentleman for that purpose. If I can get the floor when he shall have concluded his remarks, I will endeavor to get rid, if such be the sense of the Senate, of the further consideration of this resolution. I think the debate on it has been wholly unprofitable; and if it produces the slightest effect on the public mind, it will be that which is pernicious and deeply injurious. However, out of courtesy to the Senator from Mississippi, who is here for the first session, I feel it to be my duty to give way to him; but I hope I shall be able to obtain the floor after him.

Mr. McRAE. Mr. President, I thank the honorable Senator from North Carolina for the courtesy which he has extended to me; but there will not be time enough to-day for me to make the remarks which I desired to make on this resolution, and the questions embraced in it. I therefore ask the Senate to adjourn now, so as to enable me to speak to-morrow.

Mr. MANGUM. I hope the honorable Senator will withdraw that motion, as it is important that we should go into executive session.

Mr. McRAE. I withdraw the motion to adjourn, and move to postpone the further consideration of the resolution until to-morrow, at one o'clock.

The motion was agreed to.

EXECUTIVE SESSION.

On the motion of Mr. MANGUM, the Senate proceeded to the consideration of executive business; and after some time spent therein, the doors were reopened, and, on motion, The Senate adjourned.

HOUSE OF REPRESENTATIVES,

WEDNESDAY, January 28, 1852. The House met at twelve o'clock, m. Prayer by the Chaplain, Rev. Mr. MORGAN.

The Journal of yesterday was read and approved. Mr. HOUSTON moved that the House resolve itself into Committee of the Whole on the state of the Union.

Mr. HARRIS, of Tennessee. If the motion to go into Committee of the Whole do not prevail, I ask what will be the first business then before the House?

The SPEAKER. It will be the call of committees for reports.

Mr. HARRIS. I hope it will be the pleasure of the House to allow the morning hour to be appropriated to the regular order.

Mr. HOUSTON. I hope the House will go into Committee of the Whole, and finish the Mexican indemnity bill. It is very necessary that the House should come to some final action upon that subject as soon as possible. There is a special order for to-morrow, and gentlemen must see the importance of disposing of the indemnity bill to-day.

Mr. McLANAHAN. I ask the chairman of the Committee of Ways and Means to withdraw the motion to go into Committee of the Whole, in order to allow me to make a report from the Committee on the Judiciary. It is a report which I am confident the House is anxious to receive; and I submit to the gentleman from Alabama [Mr. HOUSTON] whether it will not better facilitate the business of the House by allowing this report now to be made?

Mr. HOUSTON. If the House have no ob

jection to receive the report of which the gentleman from Pennsylvania [Mr. McLANAHAN] desires to present-as it is a report which will have an important bearing on one of the appropriation bills-I shall not object; but I must decline to withdraw my motion to go into committee.

The SPEAKER. The gentleman from Pennsylvania can present his report only by unani

mous consent.

Mr. SMART. I object, unless the other committees be allowed to present reports.

Mr. HOUSTON. I now beg to press my motion to go into Committee of the Whole on the state of the Union; and upon that motion I ask the yeas and nays; which were ordered.

Mr. JONES, of Tennessee. I desire to ask if the bounty land bill, which is made the special order for to-morrow, will not then take precedence of the Mexican indemnity bill? The SPEAKER.

It will take precedence.

Mr. HOUSTON. At the request of gentlemen around me, I ask the consent of the House to withdraw the call for the yeas and nays. I do not wish unnecessarily to take up the time of the House.

There was no objection, and the call for the yeas and nays was withdrawn.

Mr. HOUSTON asked for tellers; which were ordered, and Messrs. HOUSTON and FOWLER were appointed.

The question was then taken, and the tellers reported-ayes 101, noes 29. So the motion prevailed.