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construction of a railroad from Burlington, on the Missis- ico; which was referred to the Committee on United States district judge at Key West, Florisippi, to the Missouri. Foreign Relations.

da, may be increased; which was referred to the By Mr. DAVIS, of Massachusetts : The petitions of G. 8. Mangum and others, of Springfield, Massachusetts ; Peter

Also, a petition of E. C. Roberts, and 205 other Committee on the Judicary. Lochy and others, of 'Westfield, Massachusetts; William citizens of Ontonagon county, Michigan, praying Mr. MALLORY presented the memorial of Cheeny and others, of Salem, Massachusetts ; Moses E. the construction of piers and harbors at the mouth Kennedy & Darling, praying for payment of their Greeu and others, or Burlington, Vermont; Benjamin Van Horn and others, of West Springfield, Massachusetts ; John

of the Ontonagon river, Lake Superior; which was Indian store and goods destroyed by the Seminole H. McComb and others, of Watertown, New York; John rcferred to the Committee on Commerce.

Indians, in Florida; which was referred to the R. Whipple and others, of New Ipswich, New Hamsphire; Also, two petitions of the citizens of Houghton Committee of Claims. James V. Stetson and others, of Worcester, Massachusetts ; county and Ontonagon county, Michigan, pray- Mr. SPRUANCE presented the memorial of sererally praying for a modification in the duties on cigars. Also, the petition of J. C. Clark & Co. and others,

John D. Bird and others, holders of claims upon ing the construction of a ship canal around the

ot Boston, Massachusetts, for an appropriation for the con

Falls of the St. Mary's river; which were laid upon the late Republic of Texas, provided for by the struction of a ship canal around the falls of the Ste. Marie the table.

act of September 9, 1850, praying that they may river.

Mr. HUNTER presented the petition of J. A. be paid upon their compliance with the require

Seawell, a passed midshipman in the Navy, pray- ments prescribed by the Secretary of the TreasIN SENATE.

ing the allowance of additional pay under a clause ury; which was referred to the Committee on Tuesday, February 3, 1852.

in the Naval appropriation bill of 1848; which was Finance.

referred to the Committee on Naval Affairs. Prayer by the Rev. L. F. MORGAN.

Mr. BUTLER presented the memorial of the Also, the petition of William Speiden, a purser Chamber of Commerce of Charleston, South CarEXECUTIVE COMMUNICATIONS. in the Navy, praying to be allowed a commission i olina, praying an appropriation for the improveThe PRESIDENT pro tem. laid before the Sen

on the military contributions received by him meni of the entrance of the harbor of that city; ate a communication from the Secretary of War, Congress, on the Pacific coast

, during the late war

while acting purser to the United States frigate which was referred to the Committee on Comin compliance with an act more effectually to provide for the national defence, by establishing a

with Mexico; which was referred to the Commit- Mr. JONES, of lowa, presented the memorial of uniform militia throughout the United States, actee on Naval Affairs.

Harriet De la Palm Baker, only daughter of Fredcompanied by a report of the Adjutant General

Mr. FISH presented a memorial of insurers, | erick H. Weissenfels, an officer in the Army of with an “ Abstract of the Returns of the Militia of ship-owners, merchants, and others, of New York, the Revolution, praying a pension; which was reall the States and Territories, with their arms, ac

praying that the salary of the United States dis- ferred to the Committee on Pensions. coutrements and ammunition," taken from the

trici judge at Key West, Florida, may be in- Mr. SEBASTIAN presented the memorial of latest returns received by that Department; which

creased; which was referred to the Committee on C. Alexander, praying to be allowed to execute was read and referred to the Committee on the the Judiciary.

the printing and binding of the returns of the Militia, and ordered to be printed.

Also, a memorial of merchants and others, of Seventh Census; which was referred to the ComThe PRESIDENT pro tem. Jaid before the Sen

New York, praying that the act of March 3, || miliee on Printing. ate a communication from the Secretary of the In

1847, for reducing the costs ahd expenses of pro- Mr. DODGE, of Iowa, presented a document terior, in compliance with the resolution of the ceedings in admiralty against ships and vessels in favor of the construction of a line of railroads Senate of the 26th January, transmitting a copy

may not be repealed; which was referred to the from Lafayette, through Peoria and Burlington, of the instructions given by that Department to Committee on the Judiciary.

to the Missouri river; which was referred to the the Commissioners appointed, pursuant to the act

Also, the petition of Robert T. Norris, a pilot, || Committee on Public Lands. of Congress approved March 3, 1851, entitled || praying to be allowed a pension in consideration

PAPERS WITHDRAWN AND REFERRED. "An act to ascertain and settle the private land of injuries received while mooring the light-ship claims in the State of California,” and also a copy off Sandy Hook, in 1839; which was referred to

On motion by Mr. DOWNS, it was of the instructions which have been transmitted to the Committee on Commerce,

Ordered, That the petition of C. E. Greneaux, on the files

of the Senate, be referred to the Committee on the Judithe Surveyor General of California in connection

Mr. COOPER presented a memorial of the ciary. with the subject; which was read, and referred to

Board of Trade of Philadelphia, praying that the On motion by Mr. HALE, it was the Committee on Public Lands, and ordered to be bill to provide for the establishment of a braneh

Ordered, That the petition of Oliver Folsom, on the files printed.

Mint at New York may not become a law; which of the Senate, be referred to the Committee on Pensions. The PRESIDENT pro lem. laid before the Senwas referred to the Committee on Finance.

On motion by Mr. HUNTER, it was

Also, three petitions of merchants and others,
Oregon, transmitting a copy of the Journals of the citizens of Philadelphia, praying the enlargement Page, on the files of the Senate

, be referred to the Commitproceedings of the Council and House of Repre- of the Louisville and Portland Canal; which were sentatives of the Legislative Assembly of that fer- referred to the Committee on Roads and Canals. On motion by Mr. COOPER, it was ritory; which was referred to the Committee on

Also, a petition of inhabitants of Mercer coun- Ordered, That the petition of H. N. Dennison, on the files Territories, and ordered to be printed.

ty, Pennsylvania, praying that the transportation of the Senate, be referred to the Committee on Revolution

of the mails on Sunday may be prohibited by PETITIONS.

law; which was referred to the Committee on the On motion by Mr. COOPER, it was Mr. MORTON presented a memorial of the as- Post Office and Post Roads.

Ordered, That the petition of Eliza Evans, on the files of sistant marshals of Hamilton, Jefferson, and Co- Also, a memorial of citizens of Pittsburg, Penn

the Senate, be referred to the Committee on Revolutionary

Claims. lumbia counties, Florida, for taking the Seventh sylvania, praying the construction of a ship canal Census, praying additional compensation; which around the Falls of the St. Mary's river; which REPORTS FROM STANDING COMMITTEES. was referred to the Committee of Claims. was laid upon the table.

Mr. BORLAND, from the Committee on MiliMr. BADGER presented a memorial of Wil- Also, a petition of manufacturers of cigars at tary Affairs, to which was referred the memorial liam D. Graves, assistant marshal for taking the Pittsburg, Pennsylvania, praying an increase of of 'Lewis Morris, submitted an adverse report; Seventh Census in Caswell county, North Caro- | the duty on imported cigars; which was referred which was read. lina, praying additional compensation; which was to the Committee on Finance.

He also, from the same committee, to which referred to the Committee of Claims.

Mr. FELCH presented the proceedings of citi- was referred the petition of William C. Easton, Mr. MANGUM presented the memorials of zens of Detroit, Michigan, in favor of the con- submitted a repori, accompanied by a bill for his Dickson Mallard, of Duplin county; A. Carmi- ! struction of a ship canal around the Falls of the relief. chael, of Wilkes county; Thomas F. Baxter, of St. Mary's river; which was laid upon the table. The bill was read and passed to a second readCurrituck county; Shepherd K. Nash, of Orange Mr. CHASE presented two memorials of citi- ing, and the report was ordered to be printed. county; Robert Abernathy, of Gaston county; and zens of Ohio, praying that the transportation of Mr. JONES, of lowa, from the Committee on J. H. Mitchell, of Camden county, assistant mar- the mails on Sunday may be prohibiied by law; | Pensions, to which was referred the bill to authorshals for taking the Seventh Census in North Car- which were referred to the Committee on the Postize the payment of invalid pensions in certain cases, olina, praying additional compensation; which Office and Post Roads.

reported ihe same with an amendment. were referred to the Committee of Claims.

Also, three petitions of citizens of Alleghany He also submitted a report on the subject, which Mr. MANGUM presented the petition of Pat- | county, Pennsylvania, praying the construction was ordered to be printed. rick Donohue and others, of the city of New York, of a ship canal around the Falls of the St. Mary's praying the interference of the United States in river; which were laid upon the table.

INDIAN SUPERINTENDENCY IN CALIFORNIA. favor of the oppressed of other nations; which Mr. CASS presented three petitions of citizens Mr. ATCHISON. I am instructed by the was referred to the Committee on Foreign Rela- || of Pennsylvania, praying the construction of a Committee on Indian Affairs, to which was retions.

ship canal around the Falls of the St. Mary's ferred the bill to provide for the appointment of a Mr. JONES, of Iowa, submitted the proceed- || river; which were laid upon the table.

Superintendent of Indian affairs in California, to ings of a meeting of citizens of West Point, Iowa, Also, the petition of Frances Elliot, praying report a substitute, by way of amendment, for the in relation to the donation of land asked for the remuneration for expenses incurred by her late whole bill, and to request the Senate to act upon benefit of the Dubuque and Keokuck railroad; | husband, Commodore Elliot, for entertnining high it immediately. I therefore ask the unanimous which were laid upon the table.

official personages while commanding the United consent of the Senate to consider the bill at this Mr. BRODHEAD presented the petition of States squadron in the Mediterranean; which was time. certain citizens, merchants and others, of the city | referred to the Committee on Naval Affairs. Mr. GWIN. I hope that no Senator will obof Philadelphia, praying the construction of an Mr. SUMNER presented the petition of seven-ject to the consideration of the bill at this time. additional canal around the Falls of the Ohio; which teen insurance companies in Boston, praying that California is the only portion of the territory of was referred to the Committee on Commerce. a light-ship, with a fog-bell on board, may be the United States without a Superintendent of In

Mr. SMITH presented the memorial of the ad- | moored in the slue between the shoals off Cape | dian affairs. This bill is to provide for the apministrator of Oran Sherwood, praying the ap- Roman, on the coast of South Carolina; which pointment of such an officer. pointment of a tribunal to review the decisions of was referred to the Committee on Commerce. There being no objection, the Senate proceeded ihe late Board of Commissioners for the settle- Also, the memorial of seventeen insurance com- to consider the bill as in Committee of the Whole. ment of claims of American citizens against Mex. ll panies in Boston, praying that the salary of the The substitute of the Committee on Indian Af

ary Claims.

Sistemer shume now they are in concedere al de The next amendment proposed to strike out

fairs provides that the 6th section of the act of The bill was reported from the Committee on and in advance to higher ratings over persons of similar May 6th, 1822, entitled “ An act to amend an act Naval Affairs with amendments.

qualifications, but who have not so served; and wbenever

a petty officer, or person of inferior rating, shall be trans. entitled · An act to regulate trade and intercourse The first amendment proposed to strike out the ferred from one ship or station to another, his character with the Indian tribes, and to preserve peace on following, which immediately succeeds the enact- shall be noted on the transfer roll. the Indian frontier,'approved 30th March, 1802;" | ing clause:

“Sec. 9. And be it further enacted, That every petty of also, the 5th section of an act approved April “That summary courts-martial may be ordered upon

ficer, or person of inferior rating, who shall receive a good

conduct discharge, aster a continuous service of por less 25th, 1824, entitled “ An act to enable the Presi- petty officers, and persons of inferior ratings, by the com

than two years, shall, if he reinters within three months dent to hold treaties with certain Indian tribes,”

mander or any vessel in the Navy, for the trial of offences aiter his discharge, be entitled to a credit on the books of

which he may deem deserving of greater punisbuient than be revived and extended to the State of California, the commander of a veçsel is, by the act approved twenty

the ship to which he may be first ordered, of three months

wages, at his former rating; and after twenty years' serfor the purpose of establishing a Superintendency third April, eighteen hundred, now authorized to intrict of of Indian affairs for that Site; and that the Pres- his own authority, but not sufficient to require trial by gen

vice in the Navy, with good conduct discharges at the ter

mination of each enlistment, every such petty officer or per. ident, by and with the advice and consent of the

eral court-martial.
“ Sec. 2. And be it further enacted, That surimary

son of inferior rating shall be entitled to admission to and Senate, be authorized to appoint a Superintendent

provision in the naval asylum for lise, with half the monthcourts-inartial shall consist of three commissioned officers of Indian affairs to reside in said State, who shall and of some person competent to act as recorder: Prorided,

ly wages of his last enlistment." possess the same powers and be subject to the That in cases where coinmissioned officers cannot be de

The amendments proposed to strike out the same duties as the Superintendent of Indian affairs

tailed for such service, said court may be composed of any tenth and eleventh sections, which are in these

officers of or above the rank of passeil midsbipman. Be- words: at St. Louis, Missouri.

fore proceeding to trial, the members shall take the followIt further provides that the said Superintendent ing oath or affirmation, which the recorder is hereby author

“ Swxc. 10. And be it further enacted, That commanding of Indian affairs shall have an annual salary not ized to adınini:ter:

officers may, of their own authority, punish offences com

mitted by petty officers, and others of inferior ratings, under exceeding That he shall be allowed a "*1, AD, do solemnly swear (or affirm) that I will well

their command, by solitary or other confinement; by diand truly try, without prejudice or partiality, the case now clerk, whose compensation shall not exceed

minishing their rations; by restricting their diet to bread pending, according to ihe evidence which shall be adduced,

and water; by imposing extra police and other duties: by per annum. the laws for the government of the Navy, and my own con

withholding permission to leave the ship on liberty, when Mr. ATCHISON. The Senate will perceive science."

such indulgence is granted to others of the ship's company; that the bill proposes to create the office of Super- i following oath or affirmation, which the senior member of

"Alter which the recorder of the court shall take the

and in case of theft not exceeding the value of five dollars, intendent of Indian affairs for the State of Calithe court shall administer: 'I, A B, do solemnly swear

by making good from the wages of the offender to the owner,

the value of the article or articles proved to have been fornia. I presume there will be no objection to (or attirm) that I will keep a true record of the evidence

stolen, and obliging the offender to wear, for any time not that. The only question is as to the amount of wliich may be given before this court, and of the proceed- exceeding ten days, a badge with the word " Thier;" and

ings thereof." compensation. " I move to fill the first blank with

* Sec. 3. And be it further enacted, That the commander

such commanding officer inay combine any two of these ** $5,000,” and the second blank with “$2,500;"

punishments at his discretion. But solitary confinement of a ship shall have authority to order any officer under his

ihus directed shall not exceed fifteen days, nor other clase so that the salary of the Superintendent shall not command to act as tlıe recorder of a summary court-mar- confinement twenty days; nor shall any of the other purexceed $5,000, nor that of the clerk $2,500.

tial. The amendments to the amendment were agreed “ Sec. 4. And be it further enacted, That all testimony

ishments hereby authorized be continued for a longer time given before such couri shall be given orally, on oath or

than thirty days, nor so long, as in the opinion of the surgeon, to, and the amendment as amended was adopted. | affirmation, which the senior member of the court shall ad

or senior medical officer present, its continuance wouldse

riou-ly affect the health of the offender. If the offences The bill was then reported to the Senate, the minister. amendment was concurred in, and the bill was or

“Sec. 5. And be it furlher enacted, That summary courts

shall be deemed to require severer punishmeni, the offender

may be confined, until he can be brought to trial before a dered to be engrossed and read a third time.

martial may sentence petty officers, and persons of inferior court, either general or summary, or luis release is ordered ratings, to the following punishments.

by proper authority. TENURE OF ARMY APPOINTMENTS. And insert the following:

*Sec. 11. And be it further enacted, That the proceedMr. HALE submitted the following resolution “ That the commander of any vessel in the Navy, or of

ings of summary courts-martial shall be conducted with us for consideration:

much conciseness and precision as may be consistent with any shore station, shall have authority to punish offences

the ends of justice, and under such forms and rules as may Resolved, That the Committee on Military Affairs be in

committed by petty otřcers and persons of interior ratings, structed to inqirire into the expediency of providing by law by any one or more of the following punishments, to wit:

be prescribed by the Secretary of the Navy, with the apthat all commissions in the Army of the United States here.

"1. By diminishing their rations; by restricting their diet

proval of the President of the United States; and all such

proceedings shall be transmitted, in the usual mode, to the after shall be for a limited time, which shall be expressed in

to bread and water; by imposing extra police and other
duties; and in cases of theti, in addition to any of the fore.

Navy Departinent.” the commissions.

going punishments, by making good from the wages of the CHARGE D'AFFAIRES TO SWITZERLAND.

from the twelfth section the words, “ to be in. stolen, and obliging tbe offender to wear, for any time not Mr. BRODHEAD submitted the following resexceeding ten days, a badge with the word 'thief''thereon.”

flicted by a summary court-martial.” The section olution for consideration:

The residue of the fifth section remained unal.

is as follows: Resolved, That the Committee on Foreign Affairs be re

"Src. 12. And be it further enacted, That any punish tered, as follows: quested to inquire into the expediency of making provision

ments authorized by this act (to be inflicted by a summary by law, for the usual outfit and salary of a Chargé d'Affaires

" Ist. Discharge from the service, with bad conduct dis- court martial,] may likewise be inflicted by any general to Switzerland. charge.

court-inartial. “ 30. Solitary confinement in irons, single or double, on FLORIDA SENATORIAL ELECTION.

Mr. BADGER. I will explain to the Senate bread and water : Provided, No such confinement shall'exThe Senate proceeded to ballot for a member of ceed thirty days.

the purpose of the amendments which have been

“3d. Solitary confinement in irons, single or double, not reported. The bill, as reported from the commi. the Committee on the Florida Senatorial Election exceeding thirty days.

cee, and as it passed the Senate at the last session, Case, to fill the vacancy occasioned by the with- " 4th. Solitary confinement not exceeding thirty days. drawal of Mr. BERRIEN. Thirty-nine votes were

6 5th. Confinement not exceeding two months.

contemplates the establishment of summary courts. ..“6th. Reduction to next inferior rating.

martial for the purpose of trying petty officers and given, of which

“70. Ball and chain, but not to be worn at sea.

persons of inferior ratings on board ships, and Mr. Badger received.

sth. Deprivation of liberty on shore. Mr. Soulé..

giving to those courts the power to inflict the pun9 “ And loss of pay, not to exceed three months, may be Mr. Dawson.

ishments which are mentioned in the bill. The 5 added to any of the above-mentioned punishunents."

committee directed me without a dissenting voice, Mr. Underwood. 4 The next amendment proposed to strike out

all the members of the committee being present Mr. Butler.... 2 from the sixth section these words:

to report the amendments which have just been Mr. Sumner..

2 “ That no such sentence shall be carried into execution Mr. Davis, (already on the committee). ... 1 without the approval of the officer ordering the court, who

read. The effect of them is simply to strike out shall have power to remit in part or altogether, but not to

from the bill the provision for summary courtscommute any such sentences."

martial and to leave to the commanding officer to 39 Mr. Badger having received the largest number

It also proposed to amend the residue of the inflict the punishments which, in the bill, are preof votes was declared duly elected, and the com

section, which is in these words, by striking out scribed as a substitute for the corporal punishmittee now consists of Messrs. BADGER, BRIGHT,

the words " by a summary court-martial:") ment which was abolished by a proviso to the Davis, Mason, and Pearce.

"And provided, That no sentence to solitary confinement

naval appropriation bill at the session before last. sball be directed to be carried into execution until the sur- The committee were clearly of opinion, that whatDISCIPLINE IN THE NAVY.

geon or senior medical officer on board, at the time, has ex- ever punishments the bill proposes as a substitute Mr. BADGER. I gave notice yesterday that amined the prisoner and certified that it can be done with

for corporal punishment, should be placed in the I should ask the Senate to take up the bill, re

out serious injury to his health ; and it shall be the duty of
the commander to remit the whole or any part of any sen-

hands of the commanding officer of a vessel as in. ported by me from the Committee on Naval Af- tence [by & summary court-martial,] the execution of dispensable to his authority and influence and fairs, to enforce discipline and promote good con

which would, in the opinion of said surgeon or senior med- control over the crew; that whatever means of dis.

ical officer, produce such injury." duct in the naval service of the United States, and

cipline Congress thought proper to provide, should dispose of it this morning. I rise for the purpose | tered, thus:

Sections seven, eight, and nine, remain unal- be put into his hands without the intermediate maof submitting that motion now. I would say to

chinery of summary courts-martial. That is the the Senate, that the bill as reported is precisely

“Sec. 7. And be it further enacted, That the command

effect of the amendments. the same as the one which passed the Senate with

er of every ship or vessel in the Navy shall cause a con- The amendments were agreed to.

duct book to be kept, embracing every petty officer and great unanimity at the last session. It is highly

The bill was reported to the Senate as amended, person of inferior rating under his cominand, in which important that it should be acted on immediately, shall be noted every instance of meritorious or bad eunduct

and the amendments were concurred in. as squadrons are now preparing to go to sea; and

of each man; and whenever a man is discharged, either at Mr. HALE. I offer the following as an addiit is highly important that the officers should carry

or before the expiration of his term of service, he shall take tional section:

care that his general character be noted on his discharge, with them some lawful authority to enforce dis- giving to those who merit them, Good Conduct Discharges;

And be it further enacted, That all commissions in the cipline. I hope, then, that there will be no objec- and to those who deserve them, Bad Conduct Discharges

Navy of the United States hereafter shall be for the term of tion to taking up and disposing of the bill this and to those wliose conduct shall merit no particular note, ten years, which shall be expressed in said commission. morning. I move to postpone the prior orders, discharges in the usual form: Provided, That the charac I do not want to discuss it. I simply ask to

ter to be given on a discharge shall be ascertained and esand take up that bill. tablished under such rules as shall be prescribed by the

have the yeas and nays upon it. The motion was agreed to. Navy Department.

The yeas and nays were ordered, and being The bill was read the second time; and the Sen- “Sec. 8. And be it further enacted, That any petty officer, li taken, resulted-yeas 7, nays 30; as follows: ate proceeded to consider it as in Committee of good conduct discharge, atler a service of not less than


YEAS—Messrs. Chase, Dodge of Wisconsin, Dodge the Whole. years, shall have a preference on reëntering the service,

of lowa, Hale, Jones of lowa, Sumber, and Walker-7.

NAYS-Messrs. Atchison, Badger, Borland, Brodhead,

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| 32D CONGRESS, 1st Session.


NEW SERIES....No. 29.


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Buder, Cooper, Davis, Dawson, Douglas, Downs, Feleh, I change of rating: Good conduct must have some returns, that one man was flogged seven times; that Fi-b, Foot, Geyer, Gwin, Houston, Humter, King, Mallory,

higher reward than that holden out in this bill. Mangum, Miller, Morton, Norris, Pearce, Prati, Smith,

four men were flogged five times; that eleven men Soule, Spruance, Stocktou, and Wade-30.

There is another thing to be done, and that is, you were flogged four times; that twenty men were So the amendment was not agreed to.

must abolish the spirit ration. I have the expe- flogged three times; that fifty-seven men

rience of some officers in the naval service of the flogged twice; and that two hundred and sevenMr, ATCHISON. I move to strike out the

United States, who tell me that the spirit ration ty-two took it once. Two hundred and sevenwords “bread and water.

given to the sailors, is just exactly enough to keep ty two different men were flogged once during The PRESIDENT. That will not be in order, alive in them an unhealthy appetite during the eighteen months, or half the voyage. If there as that amendment has been adopted by the Sen- cruise; so that when they come into pori, they was the same proportion throughout the whole

have been disciplined and schooled by the Govern- voyage, there would have been five hundred and Mr. ATCHISON. I move, then, to reconsider ment in intemperance, just exactly enough to en- twenty-tour ditferent men who received that punthe vote on concurring with the amendment made able them to go on shore, and commit that which ishment during one voyage. There are details in Committee of the Whole. You protect the subjects them to the cruel punishments which of other vessels which I have in my memorandum sailor's back, and now I am disposed to protect they have to endure. In other words, you make book, which go to establish the same fact that the stomach. I consider the one about as respect- them drunkards by law--you educate them to in- there is a very great mistake as to the extent to able as the other; and I think the punishment of temperance-you encourage them to debase and which this thing has been carried on board of vesputting a sailor upon bread and waier, although it degrade themselves by the system to which you sels. I will not trouble the Senate further at this may not be infamous, is far more severe than submit them, and then they are punished for it. I time; but I hope at some early day to have an fogging. If I had to select a choice, I would take crust, with all deference to the Naval Commiitee, opportunity of addressing the Senate on the subthe flogging. (Laughter.]

that they will take this view of the subject. ject. The motion to reconsider was not agreed to. There are some other matters which I would Mr. DAVIS. I wish to say a word. I am one Mr. CHASE. There are many provisions of like to see attended to. I do not know but that among the number who voted to discontinue the the bill, as I heard it read, of which I approve. my suggestions may be considered absurd, but I practice of dogging sailors. I did not doubt then, There are other provisions to which I cannot give wish that every ship which goes to sea under the and I do not doubi now, that some regulations are my assent. I cannot agree by my vote to sanc- flag of the United States should carry a well-se- necessary in order to keep up proper and suitable tion a punishment which places on the breast, or lected and well-arranged library, by means of discipline. I have been encouraged by the hope anywhere else upon the person of the American which every sailor disposed to inform himself, in that something might grow out of some considsailor, a badge of dishonor-the epithet “thief.” the hours in which he may not be employed at erations like those which have been thrown out Nor can I consent to sanction any such punish- work, should have the means at hand, by the aid by the Senator from New Hampshire; that moral ment as the “ball & chain." But satisfied as of the Government, thus to improve his time. considerations to some extent, and that suitable I am that all hope of amendment to this bill is He should not be shut up by law, and the only rewards and suitable encouragements might be vain, I simply ask for the yeas and nays on the possible excitement, physical or moral, the Gov- held out to men to maintain good character and engrossment, that I may record my vote against it. ernment affords him is that which arises from good discipline on board ships. Tam by no means The yeas and nays were not ordered.

taking the grog which you serve out to him. I certain that they would not be very greatly enMr. HALE. I wish to make a single inquiry think this is a suggestion which ought favorably | couraged—and that it might not be done with great of the chairman of the Committee on Naval Af- to commend itself to the humanity of the Naval | advantage—by rewarding men, in money if you fairs before the bill is passed. I see by reference Committee.

please, for a course of good conduct long conto the title of the bill, that it is entitled “ An act There are many other things that I think ought tinued-by rewarding them in one of those various to enforce discipline and promote good conduct in to be done; and I hope that at an early day an ways which are consistent with the discipline and the naval service of the United States.” With all

earnest and serious effort may be made to put the best interests of the service. I rise at the present respect to the committee, I wish to inquire whether Navy where it ought to be. I think this is due to time mainly to express the hope that when this this is all they propose to give us at this session, the officers themselves. There are a great many subject shall be under the consideration of gentlein order to promote good conduct in the naval ser- naval officers throughout the country now living men composing the Naval Committee, to whom vice of the United States?

in the hope and expectation that the cat-and-nine- it is referred, they will embrace in their examinaMr. BADGER. As I reported this bill, I will tails is to be restored. I think we owe it to them tions these considerations; that they will bring answer the Senator from New Hampshire, with that we should record, by yeas and nays, on the their minds to bear upon them, and that they will the consent of the chairman of the Committee on journals of the Senate, what I have no doubt is investigate the subject sufficiently to ascertain Naval Affairs. This is not all that we propose to ihe deliberate judgment of three fifths, if not of a whether some such course of discipline as that offer to the Senate during the present session. This larger majority, of this body, that it never can may not be effectual in the Navy. is a measure indispensably required to be at once and never will be done. It ought to be settled by There are in this bill some pretty hard provisadopted as a necessary means of preserving order legislation that that is a fixed fact per se, that that || ions, which are degrading in their character; but and discipline on board the ships of the country, thing never will be restored. When that is done, i still, as there must be discipline in the Navy, and while we are deliberating upon a permanent and men and officers will conform themselves to the as men of large experience say that something of more enlarged system. We hope to report another new state of things which they see about them. this sort is necessary, I shall reluctantly vote for measure during the session.

When such a bill as that shall be offered, I shall this bill, but with the hope that a milder and more Mr. HALE. Then I have not a word to say have something to say on the subject. I will not humane system may be introduced. in opposition to this bill. I shall not oppose it. trouble the Senate now on that matter.

I think there is a great deal of misapprehension I wish simply to say, very briefly, that while I I wish to say, however, that I have some facts on this subject. It is nearly two years since we have no objection to this bill, as a temporary meas- which I have gathered in detail from the reports passed the act abolishing flogging in the Navy, ure, I do hope that at some early day the Com- of the Government upon this subject, by which I and also in the civil marine.

I live in a commermittee on Naval Affairs will furnish us with a bill can show my honorable friend from Florida, (Mr. cial community-in a State perhaps as largely enwhich shall be permanent, and embrace everything Mallory,) that he is exceedingly mistaken, not gaged in navigation, in proportion to its populathat ought to be embraced in a bill to promote dis- only in the conclusions to which he comes, but in tion and various interests, as any State in the cipline and good conduct in the naval service of the premises from which he argues. One of them Union; and, as far as regards the mercantile mathe United States. In my judgment, such a meas- I will state at this moment for his especial edifica- || rine, I have never heard a voice raised against it. ure should go a great deal further than this bill tion. In the report which was read, I think from I never have heard a word of complaint in the goes. And one of the first and most indispensable Mr. Engle, and one of those which the Senator mercantile service in regard to it. I have yet to prerequisites to promote discipline and good con- from Florida gave in his speech, he mentioned meet the individual who seeks for the restoration duct in the naval ce of the United States, is to that flogging on board vessels was confined to of flogging in that service. Now it seems to me put the naval service upon an equal footing with comparatively a very small number of the crew. ! that this is a fact that every gentleman can apprethe merchant service. If I am not mistaken, at think he said, about twelve on board sloops, and ciate—that every gentleman can understand. It this time the average wages of good sailors in the about twenty on frigates partook of the flogging. seems to me thai the plain and obvious inference merchant service of the United States are at least I believe I am correct in that statement. I have from it is, that the evil of a want of discipline for twenty-five per cent. in advance of those paid to looked over the returns of several of these ves- the want of power to control men by forcible the highest class of seamen in the naval service of sels, and made somewhat of an analysis of them. means, is not so great as many gentlemen apprethe United States. While this is so—while the I shall give to the Senate the result of one. The hend. But if gentlemen of experience in the puismerchant service pays twenty-five per cent. more ship Columbus sailed out of the port of New York lic service still say that some power of this sort is than the Government, the merchant service will on the 23d of February, 1846, and returned on the indispensable to preserve good order and good disalways have the best sailors, and the naval service 22d of February, 1849. That is a cruise of aboutcipline, I shall yield my views to them. I shall will have the dregs and refuse. That is an indis- i three years; and we have only the returns of about vote for this bill, and vote for it with the hope and pensable prerequisite, if you mean to raise the eighteen months, or one half of the voyage. Four expectation that the time is not remote when we naral service.

hundred and twenty-four floggings were adminis- shall come to a milder system. Another thing. You should hold out, by rais- tered during these eighteen months. If that num- Mr. CHASE. I regret the necessity I have felt ing the pay of seamen, inducements to young men ber be divided between twelve or twenty men, it myself under of saying a word in reference to this of the first character in the country to enter the will give a pretty considerable portion for each. || bill. I desired, indeed, nothing more than simply naval service. And to do that, you must offer | But I find that this administration of justice, though to place my name on record against a measure for them a higher prospect of promotion than a mere severe, was a little more equal. I find, by these which I cannot, in conscience, vote. The bill, as


I am

originally reported from the Committee on Naval Senate to introduce a little bill which is a matter some future day. I replied that it was of no conAffairs, seems to me liable to comparatively little of great consequence to the trustees of the Deaf sequence whether I spoke to-day or at some future objection. It institutes, however, a code for the and Dumb Asylum in Kentucky. I wish to have time; and I will therefore move the postponement government of the Navy which, in my judgment | this bill before the committee as soon as possible. of this subject until this day week. inadequate, of course, for it is only that of a lands- It is a bill to extend the time for selling the lands The motion to postpone was agreed to. man-is sufficiently severe. granted to the Kentucky Asylum for teaching the

UNITED STATES COURTS IN VIRGINIA. But I would consent, in deference to the judg- deaf and dumb.

Mr. BUTLER. I hope that by the unanimous ment of the committee, and in deference to the Leave being granted, the bill was read a first

consent of the Senate, the bill to change the times judgment of others fully acquainted with the sub- and second time, and referred to the Committee on Public Lands.

for holding the district courts of the United States ject, to vote for the bill, with the single amend

in the western district of Virginia will be taken ment of striking out the degrading punishment of


up. It is like the other bill which we have just “the ball and chain." It will be observed that

Mr. FISH. There is a small bill on the Calen- passed. It is simply to change the times of holdthis punishment is not to be inflicted at sea, but in

dar which I ask the indulgence of the Senate to ing the courts, and it is important that it should port, where it is most conspicuous and most dehave passed at this time.

be acted upon now. grading.

The PRESIDENT. The hour for the consid

The Senate proceeded to the consideration of The amendments which have been offered to this

eration of the special order has arrived, and the the bill as in Committee of the Whole. bill, and adopted by the Senate, are, in my judg- | Chair really cannot allow gentlemen to interpose The bill embraces four sections, the first of ment, anything but amendments. They are the other business at least, not without the consent

which provides that instead of the terms now prereverse of amendments. They make that which of the Senate.

scribed by law for holding the district courts of was harsh and severe enough much more harsh Mr. FISH. This bill will not occupy more the United States in the western district of Vir. and much more severe. One of these amendments

than five minutes, and it is a matter of importance ginia, they shall hereafter commence and be held authorizes the commander of any vessel in the

in relation to the courts about to be held this as follows: At Wytheville on the 28th days of Navy, or of any shore station, to punish offences

month in the State of New York. It is Senate March and Augusi; at Charlestown on the 8th without a court-martial, without investigation, but bill No. 78; a bill amendatory of an act entitled days of April and September; at Wheeling on the summarily, and upon his own motion; by dimin

"An act to provide for holding the courts of the 19ih days of April and September; at Clarksburg ishing the rations; by restricting the diet to bread United States, in case of the sickness or other

on the 1st days of May and October, and at Stanand water; by imposing extra police, and other duties; disability of the judges of the district courts,” ap- ton on the 20th days of June and November, in and in case of theft, in addition to any one of these proved July 29, 1850.

every year. Should any of these days fall on punishments, by making good from the wages of Mr. BUTLER. If that bill is to pass at all, it | Sunday, the court is to be held on the next sucthe offender to the owner the value of the article

is very important that it should pass now. ceeding Monday. or articles stolen, and obliging the offender to wear

sure there will be no objection to it. In order to The second section provides that all proceedings for any time not exceeding ten days, a badge with the

bring the subject to which it relates to the under- whatever pending, or which may be pending in word "thief" thereon. standing of the Senate, I will say that it is to said courts, shall

have a day thereon, and be proPassing over other punishments, I desire to di- amend a bill which is now in operation, and which ceeded with and decided as if the terms of holding rect the attention of the Senate especially to two. thus far has worked well. From what I have

said sessions had not been altered. The first of these is the imposition of “ extra police learned of this matter, it appears that Judge Betts, The third section fixes the salary of the judges and other duties." How large a variety of pun- of New York, had more business than he could ishments may be inflicted under this single pro

at $2,500 per annum, payole as the salaries of attend to; and by an application of the bar, and other judges of the United States are now pad; vision, and how enlarged is the range of discretion

and which it confers upon the officer in command! It passed providing that in case of the sickness or with a view of facilitating the business, an act was

The fourth section provides that the act shall seems to me that it must strike any man who will

other disability of the judge, other judges should commence and be in force from and after the first reflect for a single moment, that it is a power too be allowed to take his place. This bill is only to of June next. extensive, too arbitrary, and too dangerous to be

extend the provisions of that act, and to allow the The bill was reported to the Senate without desire to call attention, is that of obliging the of judges of the district courts of the State of

New amendment

, and was ordered to be engrossed for

a third reading. fender to wear a badge with the word “thief”

are the judges of the district courts of the States of thereon. The object of all punishment is reforVermont and New Hampshire, and some others,

NAVIGATION OF THE UPPER MISSISSIPPI. mation; at least the object of all punishment should who have but very little to do, and might, when

The PRESIDENT. The next special order is be reformation; and it seems to me that to the other requisite, go to New York and do this business a bill for improving the navigation of the Upper various punishments authorized by this act and

Mississippi. this amendment, it is worse than superfluous to

The question was then taken to postpone the

Mr. JONES, of lowa. I hope the Senate will add a punishment wbich, in its nature, is so de- || prior order, and it was decided in the affirmative. pass that over, and take up the bill which was grading and so dishonorable. Sir, a man may be

The bill was then considered by the Senate as

under discussion the other day making a grant of attacked and degraded not by punishment inflicted in Committee of the Whole. It provides that the land to the State of Iowa for the construction of on the body only, but on the spirit also; and in authority conferred by the former act (July 29, certain railroads. my judgment, the former is less humiliating than 1850) may be exercised by a circuit judge, or by

Mr. GWIN. Move to postpone all the special the latter. I cannot, therefore, concur by my vote the Chief Justice of the United States, as, in the orders and take up the Calendar. in the adoption of a law which authorizes a pun

said act directed, whenever, on the certificate of the Mr. JONES. Very well. I will move to postishment of this character.

clerk of the circuit or district court, under the seal pone all the special orders and proceed with the And I would say to gentlemen who have pro. of the court, it shall be made to appear to the sat

Calendar. fessed themselves to be anxious for reformation in

isfaction of such judge or chief justice, that the The question was then taken on the motion to the Navy, that it is now, when a bill of this sort, public interest, from the accumulation or urgency postpone all the special orders, and it was agreed containing provisions which many Senators deem of judicial business in any district, shall require

to. essential to the discipline of the Navy, is under it to be done; and that the district judge so desig

RAILROADS IN IOWA. consideration, that they ought to propose the re- nated shall have and exercise the same powers forms they desire. They should not strength. | within such district as if the district judge resident

The Senate then proceeded to the consideration en the hands of those who are in haste to inflict | therein, were prevented, by sickness or other dis

of “ A bill granting the right of way and making punishment, but slow to bring relief; who are

a grant of land to the State of Iowa in aid of the ready to sanction all that is harsh, invidious, and ability from performing his judicial duties; and

construction of certain railroads in said State.” that it shall be lawful in case of such appointment, dishonorable to the sailor, consoling him with for each of the said district judges separately to

The pending question is on the amendment subthe empty promise that at some future me, ats hold a district or circuit court at the same time in

mitted some days since by Mr. .UNDERWOOD, some more convenient season, when the isommit

which was offered after the bill had been consid such district, and discharge all the judicial duties mittee on Naval Affairs shall be quite at isure toc

ered as in Committee of the Whole and reported of a district judge therein. attend to it, some salutary provision hll be tin

to the Senate.

No amendment being offered to the bill, it was troduced which may possibly benefitshi Condition. Teported to the Senate, and was ordered to be en

Mr. FELCH proceeded to address the Senate; I should not have troubled the Senatesed with the grossed for a third reading.

and having spoken until the usual hour of adjournremarks but for the necessity impo me on baelye

ment without finishing, he yielded the floor at the the refusal of the yeas and nays..

THE COMPROMISE RESOLUTION. request of several Senators. The report of his Mr. BADGER. I do not wish to go into any The special order having been called, namely,

remarks will be found in the Appendix. discussion upon this bill, for I am anxious that it the resolution offered by Mr. Foote, of Missis

'NON-INTERVENTION. should be passed as early as possible. I merely sippi, in relation to the compromise measures, wish to make this remark-ihat as a man con

Mr. GWIN. I believe, Mr. President, that sideration of the resolutions of the Senator from

Mr. CASS. To-morrow was fixed for the consists but of body and of spirit, if we are not at lib- the Senator from North Carolina (Mr. BadGER) erty to punish him through his body, it seems to is willing that the special order should be post. I view with him last evening, and I do not know

Rhode Island, (Mr. Clarke.) I had an interme to be highly wrong to say that we should not poned to some future day, as there is a number of

whether he will be able to come to the Senate to. punish him by assailing him in his spirit. I think, important bills which it is desirable should be pro

morrow. If he is not able to go on, with his con. therefore, that there is nothing in the objection ceeded with, in order that they may go to the House

currence, which I have already obtained, I shall made by the honorable Senator from Ohio. of Representatives if they are passed here.

ask the Senate to take up the subject, as soon as The question was then taken, and the bill was Mr. BADGER. Immediately after I had moved ordered to be engrossed for a third reading. an adjournment yesterday, several Senators inti- my colleague shall have concluded. mated to me that they had bills here which they


were anxious should be proceeded with and sent On motion by Mr. SMITH, by unanimous conMr. UNDERWOOD. Before the special order to the other House; and they desired that I would sent, it was is called, I ask the unanimous indulgence of the postpone my remarks on this special order to Ordered, That the amendment submitted by him to the

very well.

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joint resolution to provide for the printing of the Returns of consideration of the joint resolution of the House, sideration at the same time, although referred in the Seventh Census, be printed for the use of the Senate.

No. 1, and the Senate bill No. 146, explanatory the same order.

of the act of September 28, 1850, entitled "An act Mr. STEPHENS. The point of order will be, The following engrossed bills were severally granting bounty land to certain officers and sol- | whether this committee can take charge of both read a third time and passed:

diers who have been engaged in the military ser- of these propositions? It was only by the unaniA bill for the relief of Mary W. Thompson;

vice of the United States.” The Senate bill having mous consent of the House the other day, that an A bill for the relief of John T. Sullivan;

been made a part of the special order, will, in the order of the House was made by which both of A bill for the relief of Joseph Gideon; opinion of the Chair, take precedence.

these bills were entertained under one motion, and A bill for the relief of John O. Means;

Mr. FULLER. Í ask that the bill be read. referred to the committee. A bill concerning the sessions of the courts of

The Clerk then read the Senate bill through. The CHAIRMAN. It is usual in such referthe United States in the district of Delaware;

Mr. CABELL, of Florida. Mr. Chairman, I ence to say, that they shall be jointly considered. A bill for the relief of George Poindexter;

desire to claim the attention of the House a short | This order does not so specify. A bill for the relief of William Miller; time.

Mr. FICKLIN. It seems to me, that there is A bill for the relief of Ezra Williams; and Mr. JONES, of Tennessee. I ask the gentleman another reason why the decision of the Chair is A bill making an appropriation in part for the

to allow me to inquire of the Chair, which bill is right, and it is this

before the committee? erection of a light-house on Sand Key, Florida.

The CHAIRMAN. The question is not deThe Senate then adjourned.

The CHAIRMAN. The Senate bill. They || batable. are both named in the same order.

Mr. FOWLER moved to lay the appeal upon Mr. JONES. I believe the rule is to read the the table. HOUSE OF REPRESENTATIVES. first section now, and then it will be open for

The CHAIRMAN. It cannot be done in ComTUESDAY, February 3, 1852.

amendment, and the gentleman froni Florida (Mr. mittee of the Whole. The House met at twelve o'clock, m. Prayer

CABELL) will be in order to address the committee. The question was then taken upon the appeal,

The CHAIRMAN. The first section of the || and it was decided in the affirmative. by the Rev. L. F. Morgan. bill will be again read.

So the decision of the Chair was sustained. The Journal of Monday was read and approved. The first section was then read, as follows: Mr. CABELL, of Florida. When the House INTERVENTION.

Be it enacted, &c., That all warrants for military bounty was last in Committee of the Whole, we were en

land, which have been or may hereafter be issued under tertained by a discussion between gentlemen from Mr. ANDREWS. I ask the unanimous consent any law of the United States, and all valid locations of the of the House to introduce the resolutions of the

the Northern or Eastern sections of the Union, same, which have been, or may hereatter be inade, are Legislature of the State of Maine, in relation to hereby declared to be assignable, by deed or instrument of

with some account of the action of parties in their writing, made and executed after the taking effect of this Hungary and intervention.

region of the country. I ask the attention of the act, according to such form and pursuant to such regulations No objection was made, and they were intro

House now for a very few moments, while I speak as may be prescribed by the Commissioner of the General

of what has been done in another section of the duced, as follows:

Land Office, so as to vest the assignee with all the rights of Resolve extending an invitation to Louis Kossuth.

the original owners of the warrant or location: Provided, country, which I deem to be of as much public

That any person entitled to preëmption right to any land, interest as anything, perhaps, to which I can adResolved, 'That in Louis Kossuth we recognize a distin- shall be entitled to use any such land warrant in payment dress myself. guished representative of freedom and constitutional liber- of the same, at the rate of $1 25 per acre, for the quantity ty; and that His Excellency the Governor be requested to of land therein specified.

Mr. JENKINS. Is it in order to discuss this extend to him a cordial invitation to visit the capital of this

Mr. HARRIS, of Tennessee. If the gentleman

bill without any amendment pending? Resolred, That we tender to Louis Kossuth the assurance from Florida will allow me, I desire to inquire

The CHAIRMAN. The Chair thinks it is. that we entertain a sincere sympathy for the wrongs of whether it would be in order to move an amend

Mr. CABELL. It will be recollected by the Hungary, and a deep detestation of the despotic tyranny of mend to the Senate bill, to strike out all after the

House, that during the progress of our organizaAustria, and the unwarrantable intervention of Russia. enacting clause and to insert the bill reported by regard to the action of the two parties, in prepar

tion, I amongst others expressed my surprise in Resolved, That we varnestly desire that the General Government of the United States may exert an iniluence, in

the select committee of the House. My object is some wise and proper manner, against all such intervention to get both propositions before the committee at

ing themselves for that organization, in their rein future. the same time.

spective caucuses: I stated then, and I state now, Resolved, That the Secretary of State be requested to communicate a copy of these resolutions to each of our

The CHAIRMAN. I suppose it will not be

that when I came to Washington, this winter, it Senators and Representatives in Congress.

in order under the rules.

was my expectation, from the opinions which had Mr. ANDREWS. I desire their reference to

Mr. HARRIS. Does the Chair decide that frequently made, and the pledges so frequently

been so frequently expressed, the declarations so the same committee to which the resolutions of the

such an amendment is not in order? State of Alabama upon the same subject were re

The CHAIRMAN. The Chair decides that it given, that the Democratic party of the North ferred.

and the Union, when brought together here would is not in order to substitute one bill for another The SPEAKER. That was the Committee on when both bills are pending before the committee. adopt and recommend to the country an acquiForeign Affairs. It is not in order to move to strike out all after the

escence in the compromise measures; and that the enacting clause, and insert the House bill. Mr. ANDREWS. I then move that the res

Whig party could not do so.

I have always be

lieved, that upon all general questions, dividing the olutions be referred to the Committee on Foreign the gentleman from Tennessee appeal?

Mr. HARRIS. I desire to get both proposi- || been the true conservative party, saving and ex

two parties of the country, the Whig party has Affairs, and that they be printed; which motion

tions before the House at the same time. And as was agreed to. On motion by Mr. PEASLEE, leave was grant

the Chair has ruled nty motion out of order, 1 cepting upon this question of slavec; and upon ed to withdraw from the files of the House, for think I will take an appeal.

that they have run as wild as wild can be. I had the purpose of reference in the Senate, the petition gentleman from Tennessee [Mr. Harris] moves

The CHAIRMAN. The question is this: The

observed, as I stated upon that occasion, that the

Democratic party had been represented by more and papers of Jacob Gideon.

men upon the floor of the House of Representa memorial of the Senate bill, and to insert the bill

atives entertaining what I conceive to be sound Oregon; which was referred to the Committee on House from the select committee. The Chair de

and proper views of slavery and Southern rights Territories and ordered to be printed.

than the Whig party. The mass of these two cides, that as both bills are pending before the Mr. CLARK. I ask the unanimous consent committee it is not in order to strike out one and parties at the North I had never believed to be of the House to introduce a resolution which I insert the other. From that decision the gentle materially different. I believe the truth is, that

they are about the same. But from some cause deem of considerable importance.

man from Tennessee takes an appeal. The quesThe resolution was read for inforination, as foltion is, then, Shall the decision of the Chair stand

or other, the Democratic party has heretofore re

turned more men to the Congress of the United lows:

as the judgment of the committee?
Mr. JENKINS. Is it not better to proceed and

States who entertain views coincident with my Resolved, that the Committee on Military Affairs be instructed to inquire into the expediency of establishing an perfect the bill before the committee and then, if

own, upon this Southern question, than the Whig additional number of military posts on the overland route it be desired, the gentlenían can offer a substitute party. With these opinions, facts, and expectafrom the Missouri river to California, for the protection of for it. Will not the gentleman derive all the ben- tions, I avowed my purpose in the organization emigrants and travelers, and that they report by bill or efit which he desires by offering his substitute

of the House, to act with that party which would otherwise. Mr. JONES, of Tennessee, objected to its intro- and perfected? after the bill before the House has been discussed I stand by the Constitution of the United States and

the rights of my section of country, and indorse duction.

The CHAIRMAN. The Clerk will read the

the compromise resolutions. I thought the DemASSIGNABILITY OF BOUNTY LAND. WAR55th rule.

ocratic party would do this, but they did not.

My friend from Virginia, (Mr. MEADE,) during
The 55th rule was then read, as follows:

that discussion, suggested to me that I should Mr. JONES, of Tennessee, moved that the rules No motion or proposition on a subject different from

avail myself of that occasion, or of some early that under consideration, shall be admitted under color of be suspended, and that the House resolve itself amendment. No bill or resolution shall at any time be

occasion, to separate myself from the Whig party, into Committee of the Whole on the state of the amended by annexing thereto, or incorporating therewith, and come over to the ranks of the Democratic party. Union, for the purpose of taking up the special any other bill or resolution pending before the House." Sir, the only alternativeupon which I would ever be order; which motion was agreed to.

Mr. STEPHENS, of Georgia. I suppose the willing to pursue such a course—the only thing that The House accordingly resolved itself into the ground upon which the gentleman from Tennes- I would ever induce me to think of acting with the Committee of the Whole on the state of the Union, see rests his motion, is that the House bill and the Democratic party-the only consideration for it, (Mr. Olds in the chair.)

Senate bill, as now before this committee, are the failed. I had been deceived by the representations Mr. HARRIS, of Tennessee, moved to take up same in subject matter. They were both taken of that party. I believed they had put themselves the bills made the special order.

up by joint motion in the House to refer to this upon constitutional grounds, and I said that I would The CHAIRMAN. A motion for that pur- commitiee. Hence it does not come under the act with them, as I would act with any party that pose is unnecessary. They come up as the first operation of the rule which has been read. would pursue that course. But the very first acbusiness in order before the commitiee.

The CHAIRMAN. The Chair supposes, how- tion of that party in the opening of this Congress, The CHAIRMAN. The special order is the ever, that two distinct bills cannot be under con- was such as to 'violate that very principle upon

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