construction of a railroad from Burlington, on the Mississippi, to the Missouri.

By Mr. DAVIS, of Massachusetts: The petitions of G. S. Mangum and others, of Springfield, Massachusetts; Peter Lochy and others, of Westfield, Massachusetts; William Cheeny and others, of Salem, Massachusetts; Moses E. Green and others, of Burlington, Vermont; Benjamin Van Horn and others, of West Springfield, Massachusetts; John H. McComb and others, of Watertown, New York; John R. Whipple and others, of New Ipswich, New Hamsphire; James V. Stetson and others, of Worcester, Massachusetts; severally praying for a modification in the duties on cigars. Also, the petition of J. C. Clark & Co. and others, of Boston, Massachusetts, for an appropriation for the construction of a ship canal around the falls of the Ste. Marie river.

IN SENATE. TUESDAY, February 3, 1852. Prayer by the Rev. L. F. MORGAN.

EXECUTIVE COMMUNICATIONS.

The PRESIDENT pro tem. laid before the Senate a communication from the Secretary of War, in compliance with an act more effectually to provide for the national defence, by establishing a uniform militia throughout the United States, accompanied by a report of the Adjutant General with an "Abstract of the Returns of the Militia of all the States and Territories, with their arms, accoutrements and ammunition," taken from the latest returns received by that Department; which was read and referred to the Committee on the Militia, and ordered to be printed.

The PRESIDENT pro tem. laid before the Senate a communication from the Secretary of the Interior, in compliance with the resolution of the Senate of the 26th January, transmitting a copy of the instructions given by that Department to the Commissioners appointed, pursuant to the act of Congress approved March 3, 1851, entitled "An act to ascertain and settle the private land claims in the State of California," and also a copy of the instructions which have been transmitted to the Surveyor General of California in connection with the subject; which was read, and referred to the Committee on Public Lands, and ordered to be printed.

The PRESIDENT pro tem. laid before the Senate a letter from the Secretary of the Territory of Oregon, transmitting a copy of the Journals of the proceedings of the Council and House of Representatives of the Legislative Assembly of that Territory; which was referred to the Committee on Territories, and ordered to be printed.

PETITIONS.

Mr. MORTON presented a memorial of the assistant marshals of Hamilton, Jefferson, and Columbia counties, Florida, for taking the Seventh Census, praying additional compensation; which was referred to the Committee of Claims.

Mr. BADGER presented a memorial of William D. Graves, assistant marshal for taking the Seventh Census in Caswell county, North Carolina, praying additional compensation; which was referred to the Committee of Claims.

ico; which was referred to the Committee on Foreign Relations.

Also, a petition of E. C. Roberts, and 205 other citizens of Ontonagon county, Michigan, praying the construction of piers and harbors at the mouth of the Ontonagon river, Lake Superior; which was referred to the Committee on Commerce.

Also, two petitions of the citizens of Houghton county and Ontonagon county, Michigan, praying the construction of a ship canal around the Falls of the St. Mary's river; which were laid upon

the table.

Mr. HUNTER presented the petition of J. A. Seawell, a passed midshipman in the Navy, praying the allowance of additional pay under a clause in the Naval appropriation bill of 1848; which was referred to the Committee on Naval Affairs.

Also, the petition of William Speiden, a purser in the Navy, praying to be allowed a commission on the military contributions received by him Congress, on the Pacific coast, during the late war while acting purser to the United States frigate with Mexico; which was referred to the Committee on Naval Affairs.

Mr. FISH presented a memorial of insurers, ship-owners, merchants, and others, of New York, praying that the salary of the United States district judge at Key West, Florida, may be increased; which was referred to the Committee on the Judiciary.

Also, a memorial of merchants and others, of New York, praying that the act of March 3, 1847, for reducing the costs ahd expenses of proceedings in admiralty against ships and vessels may not be repealed; which was referred to the Committee on the Judiciary.

Also, the petition of Robert T. Norris, a pilot, praying to be allowed a pension in consideration of injuries received while mooring the light-ship off Sandy Hook, in 1839; which was referred to the Committee on Commerce.

Mr. COOPER presented a memorial of the Board of Trade of Philadelphia, praying that the bill to provide for the establishment of a braneh Mint at New York may not become a law; which was referred to the Committee on Finance.

Also, three petitions of merchants and others, citizens of Philadelphia, praying the enlargement of the Louisville and Portland Canal; which were referred to the Committee on Roads and Canals.

Also, a petition of inhabitants of Mercer county, Pennsylvania, praying that the transportation of the mails on Sunday may be prohibited by law; which was referred to the Committee on the Post Office and Post Roads.

Also, a memorial of citizens of Pittsburg, Pennsylvania, praying the construction of a ship canal around the Falls of the St. Mary's river; which was laid upon the table.

Also, a petition of manufacturers of cigars at Pittsburg, Pennsylvania, praying an increase of the duty on imported cigars; which was referred to the Committee on Finance.

St. Mary's river; which was laid upon the table.

Mr. MANGUM presented the petition of Patrick Donohue and others, of the city of New York, praying the interference of the United States in favor of the oppressed of other nations; which was referred to the Committee on Foreign Relations.

Mr. JONES, of Iowa, submitted the proceedings of a meeting of citizens of West Point, Iowa, in relation to the donation of land asked for the benefit of the Dubuque and Keokuck railroad; which were laid upon the table.

Mr. BRODHEAD presented the petition of certain citizens, merchants and others, of the city of Philadelphia, praying the construction of an additional canal around the Falls of the Ohio; which was referred to the Committee on Commerce.

Mr. CHASE presented two memorials of citizens of Ohio, praying that the transportation of the mails on Sunday may be prohibited by law; which were referred to the Committee on the Post Office and Post Roads.

Also, three petitions of citizens of Alleghany county, Pennsylvania, praying the construction of a ship canal around the Falls of the St. Mary's river; which were laid upon the table.

Mr. CASS presented three petitions of citizens of Pennsylvania, praying the construction of a ship canal around the Falls of the St. Mary's river; which were laid upon the table.

Also, the petition of Frances Elliot, praying remuneration for expenses incurred by her late husband, Commodore Elliot, for entertnining high official personages while commanding the United States squadron in the Mediterranean; which was referred to the Committee on Naval Affairs.

United States district judge at Key West, Florida, may be increased; which was referred to the Committee on the Judicary.

Mr. MALLORY presented the memorial of Kennedy & Darling, praying for payment of their Indian store and goods destroyed by the Seminole Indians, in Florida; which was referred to the Committee of Claims.

Mr. SPRUANCE presented the memorial of John D. Bird and others, holders of claims upon the late Republic of Texas, provided for by the act of September 9, 1850, praying that they may be paid upon their compliance with the requirements prescribed by the Secretary of the Treasury; which was referred to the Committee on Finance.

Mr. BUTLER presented the memorial of the Chamber of Commerce of Charleston, South Carolina, praying an appropriation for the improvement of the entrance of the harbor of that city; which was referred to the Committee on Com

merce.

Mr. JONES, of lowa, presented the memorial of Harriet De la Palm Baker, only daughter of Frederick H. Weissenfels, an officer in the Army of the Revolution, praying a pension; which was referred to the Committee on Pensions.

Mr. SEBASTIAN presented the memorial of C. Alexander, praying to be allowed to execute the printing and binding of the returns of the Seventh Census; which was referred to the Committee on Printing.

Mr. DODGE, of Iowa, presented a document in favor of the construction of a line of railroads from Lafayette, through Peoria and Burlington, to the Missouri river; which was referred to the Committee on Public Lands.

PAPERS WITHDRAWN AND REFERRED. On motion by Mr. DOWNS, it was Ordered, That the petition of C. E. Greneaux, on the files of the Senate, be referred to the Committee on the Judiciary.

On motion by Mr. HALE, it was

Ordered, That the petition of Oliver Folsom, on the files of the Senate, be referred to the Committee on Pensions. On motion by Mr. HUNTER, it was

Ordered, That the memorial of the executor of Carter Page, on the files of the Senate, be referred to the Committee on Revolutionary Claims.

On motion by Mr. COOPER, it was

Ordered, That the petition of H. N. Dennison, on the files of the Senate, be referred to the Committee on Revolutionary Claims.

On motion by Mr. COOPER, it was Ordered, That the petition of Eliza Evans, on the files of the Senate, be referred to the Committee on Revolutionary Claims.

REPORTS FROM STANDING COMMITTEES. Mr. BORLAND, from the Committee on Military Affairs, to which was referred the memorial of Lewis Morris, submitted an adverse report; which was read.

He also, from the same committee, to_which was referred the petition of William C. Easton, submitted a report, accompanied by a bill for his relief.

The bill was read and passed to a second reading, and the report was ordered to be printed.

Mr. JONES, of Iowa, from the Committee on Pensions, to which was referred the bill to authorize the payment of invalid pensions in certain cases, reported the same with an amendment.

He also submitted a report on the subject, which was ordered to be printed.

INDIAN SUPERINTENDENCY IN CALIFORNIA. Mr. ATCHISON. I am instructed by the Committee on Indian Affairs, to which was referred the bill to provide for the appointment of a Superintendent of Indian affairs in California, to report a substitute, by way of amendment, for the whole bill, and to request the Senate to act upon it immediately. I therefore ask the unanimous consent of the Senate to consider the bill at this time.

Mr. GWIN. I hope that no Senator will object to the consideration of the bill at this time. California is the only portion of the territory of the United States without a Superintendent of Indian affairs. This bill is to provide for the appointment of such an officer.

There being no objection, the Senate proceeded to consider the bill as in Committee of the Whole. The substitute of the Committee on Indian Af

fairs provides that the 6th section of the act of May 6th, 1822, entitled "An act to amend an act entitled An act to regulate trade and intercourse with the Indian tribes, and to preserve peace on the Indian frontier,' approved 30th March, 1802;" also, the 5th section of an act approved April 25th, 1824, entitled "An act to enable the President to hold treaties with certain Indian tribes,' be revived and extended to the State of California, for the purpose of establishing a Superintendency of Indian affairs for that State; and that the President, by and with the advice and consent of the Senate, be authorized to appoint a Superintendent of Indian affairs to reside in said State, who shall possess the same powers and be subject to the same duties as the Superintendent of Indian affairs at St. Louis, Missouri.

The bill was reported from the Committee on Naval Affairs with amendments.

The first amendment proposed to strike out the following, which immediately succeeds the enacting clause:

"That summary courts-martial may be ordered upon petty officers, and persons of inferior ratings, by the commander of any vessel in the Navy, for the trial of offences which he may deem deserving of greater punishment than the commander of a vessel is, by the act approved twentythird April, eighteen hundred, now authorized to inflict of his own authority, but not sufficient to require trial by general court-martial.

"Sec. 2. And be it further enacted, That summary courts-martial shall consist of three commissioned officers

and of some person competent to act as recorder: Provided, That in cases where commissioned officers cannot be detailed for such service, said court may be composed of any officers of or above the rank of passed midshipman. Before proceeding to trial, the members shall take the followIt further provides that the said Superintendenting oath or affirmation, which the recorder is hereby authorof Indian affairs shall have an annual salary not ized to administer: exceeding That he shall be allowed a clerk, whose compensation shall not exceed per annum.

Mr. ATCHISON. The Senate will perceive that the bill proposes to create the office of Superintendent of Indian affairs for the State of California. I presume there will be no objection to that. The only question is as to the amount of compensation. I move to fill the first blank with “$5,000,” and the second blank with "$2,500;" so that the salary of the Superintendent shall not exceed $5,000, nor that of the clerk $2,500.

The amendments to the amendment were agreed to, and the amendment as amended was adopted. The bill was then reported to the Senate, the amendment was concurred in, and the bill was ordered to be engrossed and read a third time.

TENURE OF ARMY APPOINTMENTS.

Mr. HALE submitted the following resolution for consideration:

Resolved, That the Committee on Military Affairs be instructed to inquire into the expediency of providing by law that all commissions in the Army of the United States here. after shall be for a limited time, which shall be expressed in the commissions.

CHARGE D'AFFAIRES TO SWITZERLAND.

Mr. BRODHEAD submitted the following resolution for consideration:

Resolved, That the Committee on Foreign Affairs be requested to inquire into the expediency of making provision by law, for the usual outfit and salary of a Chargé d'Affaires to Switzerland.

FLORIDA SENATORIAL ELECTION.

The Senate proceeded to ballot for a member of the Committee on the Florida Senatorial Election Case, to fill the vacancy occasioned by the withdrawal of Mr. BERRIEN. Thirty-nine votes were given, of which

Mr. Soulé...

Mr. Badger received..

.16

9

"I, A B, do solemnly swear (or affirm) that I will well and truly try, without prejudice or partiality, the case now pending, according to the evidence which shall be adduced, the laws for the government of the Navy, and my own conscience.'

"After which the recorder of the court shall take the following oath or affirmation, which the senior member of the court shall administer: 'I, A B, do solemnly swear (or atfirm) that I will keep a true record of the evidence which may be given before this court, and of the proceedings thereof."

Sec. 3. And be it further enacted, That the commander of a ship shall have authority to order any officer under his command to act as the recorder of a summary court-martial.

"Sec. 4. And be it further enacted, That all testimony given before such court shall be given orally, on oath or affirmation, which the senior member of the court shall ad

minister.

"Sec. 5. And be it further enacted, That summary courtsmartial may sentence petty officers, and persons of inferior ratings, to the following punishments.

And insert the following:

"That the commander of any vessel in the Navy, or of any shore station, shall have authority to punish offences committed by petty officers and persons of interior ratings, by any one or more of the following punishments, to wit:

1. By diminishing their rations; by restricting their diet to bread and water; by imposing extra police and other duties; and in cases of theft, in addition to any of the foregoing punishments, by making good from the wages of the offender to the owner the value of the article or articles stolen, and obliging the offender to wear, for any time not exceeding ten days, a badge with the word 'thief' thereon." The residue of the fifth section remained unaltered, as follows:

"Ist. Discharge from the service, with bad conduct discharge.

d. Solitary confinement in irons, single or double, on bread and water: Provided, No such confinement shall exceed thirty days.

"3d. Solitary confinement in irons, single or double, not exceeding thirty days.

4th. Solitary confinement not exceeding thirty days. "5th. Confinement not exceeding two months. 6th. Reduction to next inferior rating. "7J. Ball and chain, but not to be worn at sea. 8th. Deprivation of liberty on shore. "And loss of pay, not to exceed three months, may be added to any of the above-mentioned punishments." The next amendment proposed to strike out from the sixth section these words:

"That no such sentence shall be carried into execution without the approval of the officer ordering the court, who shall have power to remit in part or altogether, but not to commute any such sentences."

It also proposed to amend the residue of the section, which is in these words, by striking out the words "by a summary court-martial:"

"And provided, That no sentence to solitary confinement shall be directed to be carried into execution until the surgeon or semor medical officer on board, at the time, has examined the prisoner and certified that it can be done without serious injury to his health; and it shall be the duty of the commander to remit the whole or any part of any sen

and in advance to higher ratings over persons of similar qualifications, but who have not so served; and whenever a petty officer, or person of inferior rating, shall be transferred from one ship or station to another, his character shall be noted on the transfer roll.

"SEC. 9. And be it further enacted, That every petty of ficer, or person of inferior rating, who shall receive a good conduct discharge, after a continuous service of not less than two years, shall, if he reenters within three months atter his discharge, be entitled to a credit on the books of the ship to which he may be first ordered, of three months? wages, at his former rating; and after twenty years' service in the Navy, with good conduct discharges at the termination of each enlistment, every such petty officer or person of inferior rating shall be entitled to admission to and provision in the naval asylum for life, with half the monthly wages of his last enlistment.”

The amendments proposed to strike out the tenth and eleventh sections, which are in these words:

"SEC. 10. And be it further enacted, That commanding officers may, of their own authority, punish offences committed by petty officers, and others of inferior ratings, under their command, by solitary or other confinement; by diminishing their rations; by restricting their diet to bread and water; by imposing extra police and other duties; by withholding permission to leave the ship on liberty, when such indulgence is granted to others of the ship's company; and in case of theft not exceeding the value of five dollars, by making good from the wages of the offender to the owner, the value of the article or articles proved to have been stolen, and obliging the offender to wear, for any time not exceeding ten days, a badge with the word "Thief;" and such commanding officer inay combine any two of these punishments at his discretion. But solitary confinement thus directed shall not exceed fifteen days, nor other clase confinement twenty days; nor shall any of the other punishments hereby authorized be continued for a longer time than thirty days, nor so long, as in the opinion of the surgeon, or senior medical officer present, its continuance would se riously affect the health of the offender. If the offences shall be deemed to require severer punishment, the offender may be confined, until he can be brought to trial before a court, either general or summary, or his release is ordered by proper authority.

"SEC. 11. And be it further enacted, That the proceedings of summary courts-martial shall be conducted with as much conciseness and precision as may be consistent with the ends of justice, and under such forms and rules as may be prescribed by the Secretary of the Navy, with the ap proval of the President of the United States; and all such proceedings shall be transmitted, in the usual mode, to the Navy Department.”

The next amendment proposed to strike out from the twelfth section the words, "to be inflicted by a summary court-martial." The section is as follows:

"SRC. 12. And be it further enacted. That any punishments authorized by this act [to be inflicted by a summary court martial,] may likewise be inflicted by any general court-martial.

Mr. BADGER. I will explain to the Senate the purpose of the amendments which have been reported. The bill, as reported from the committee, and as it passed the Senate at the last session, contemplates the establishment of summary courts martial for the purpose of trying petty officers and persons of inferior ratings on board ships, and giving to those courts the power to inflict the punishments which are mentioned in the bill. The committee directed me-without a dissenting voice, all the members of the committee being presentto report the amendments which have just been read. The effect of them is simply to strike out from the bill the provision for summary courtsmartial and to leave to the commanding officer to inflict the punishments which, in the bill, are prescribed as a substitute for the corporal punishment which was abolished by a proviso to the naval appropriation bill at the session before last. The committee were clearly of opinion, that whatever punishments the bill proposes as a substitute for corporal punishment, should be placed in the hands of the commanding officer of a vessel as in

Mr. BADGER. I gave notice yesterday that I should ask the Senate to take up the bill, reported by me from the Committee on Naval Affairs, to enforce discipline and promote good conduct in the naval service of the United States, and dispose of it this morning. I rise for the purpose of submitting that motion now. I would say to the Senate, that the bill as reported is precisely the same as the one which passed the Senate with great unanimity at the last session. It is highly important that it should be acted on immediately, as squadrons are now preparing to go to sea; and it is highly important that the officers should carry with them some lawful authority to enforce discipline. I hope, then, that there will be no objec- and to those who deserve them, Bad Conduct Discharges; tion to taking up and disposing of the bill this morning. I move to postpone the prior orders, and take up that bill.

The motion was agreed to.

The bill was read the second time; and the Senate proceeded to consider it as in Committee of the Whole.

"SEC. 7. And be it further enacted, That the commander of every ship or vessel in the Navy shall cause a conduet book to be kept, embracing every petty officer and person of inferior rating under his command, in which shall be noted every instance of meritorious or bad conduct of each man; and whenever a man is discharged, either at or before the expiration of his term of service, he shall take care that his general character be noted on his discharge, giving to those who merit them, Good Conduct Discharges;

and to those whose conduct shall merit no particular note, discharges in the usual form: Provided, That the character to be given on a discharge shall be ascertained and established under such rules as shall be prescribed by the Navy Department.

"SEC. 8. And be it further enacted, That any petty officer,

or person of inferior rating, who shall be discharged with a good conduct discharge, after a service of not less than two years, shall have a preference on reëntering the service,

control over the crew; that whatever means of discipline Congress thought proper to provide, should be put into his hands without the intermediate machinery of summary courts-martial. That is the effect of the amendments.

The amendments were agreed to. The bill was reported to the Senate as amended, and the amendments were concurred in.

Mr. HALE. 1 offer the following as an addi

tional section:

And be it further enacted, That all commissions in the Navy of the United States hereafter shall be for the term of ten years, which shall be expressed in said commission. I do not want to discuss it. I simply ask to have the yeas and nays upon it.

The yeas and nays were ordered, and being taken, resulted-yeas 7, nays 30; as follows: of Iowa, Hale, Jones of Iowa, Sumner, and Walker-7. YEAS-Messrs. Chase, Dodge of Wisconsin, Dodge NAYS-Messrs. Atchison, Badger, Borland, Brodhead,

Mr. ATCHISON. I move, then, to reconsider the vote on concurring with the amendment made in Committee of the Whole. You protect the sailor's back, and now I am disposed to protect. the stomach. I consider the one about as respectable as the other; and I think the punishment of putting a sailor upon bread and water, although it may not be infamous, is far more severe than flogging. If I had to select a choice, I would take the flogging. [Laughter.]

The motion to reconsider was not agreed to. Mr. CHASE. There are many provisions of the bill, as I heard it read, cf which I approve. There are other provisions to which I cannot give my assent. I cannot agree by my vote to sanction a punishment which places on the breast, or anywhere else upon the person of the American sailor, a badge of dishonor-the epithet "thief." Nor can I consent to sanction any such punishment as the "ball a chain." But satisfied as I am that all hope of amendment to this bill is vain, I simply ask for the yeas and nays on the engrossment, that I may record my vote against it. The yeas and nays were not ordered. Mr. HALE. I wish to make a single inquiry of the chairman of the Committee on Naval Affairs before the bill is passed. I see by reference to the title of the bill, that it is entitled "An act to enforce discipline and promote good conduct in the naval service of the United States." With all respect to the committee, I wish to inquire whether this is all they propose to give us at this session, in order to promote good conduct in the naval service of the United States?

Mr. BADGER. As I reported this bill, I will answer the Senator from New Hampshire, with the consent of the chairman of the Committee on Naval Affairs. This is not all that we propose to offer to the Senate during the present session. This is a measure indispensably required to be at once adopted as a necessary means of preserving order and discipline on board the ships of the country, while we are deliberating upon a permanent and more enlarged system. We hope to report another measure during the session.

THURSDAY, FEBRUARY 5, 1852.

change of rating. Good conduct must have some higher reward than that holden out in this bill. There is another thing to be done, and that is, you must abolish the spirit ration. I have the experience of some officers in the naval service of the United States, who tell me that the spirit ration given to the sailors, is just exactly enough to keep alive in them an unhealthy appetite during the cruise; so that when they come into port, they have been disciplined and schooled by the Government in intemperance, just exactly enough to enable them to go on shore, and commit that which subjects them to the cruel punishments which they have to endure. In other words, you make them drunkards by law-you educate them to intemperance-you encourage them to debase and degrade themselves by the system to which you submit them, and then they are punished for it. I trust, with all deference to the Naval Committee, that they will take this view of the subject.

There are some other matters which I would like to see attended to. I do not know but that my suggestions may be considered absurd, but I wish that every ship which goes to sea under the flag of the United States should carry a well-selected and well-arranged library, by means of which every sailor disposed to inform himself, in the hours in which he may not be employed at work, should have the means at hand, by the aid of the Government, thus to improve his time. He should not be shut up by law, and the only possible excitement, physical or moral, the Government affords him is that which arises from taking the grog which you serve out to him. I think this is a suggestion which ought favorably to commend itself to the humanity of the Naval Committee.

There are many other things that I think ought to be done; and I hope that at an early day an earnest and serious effort may be made to put the Navy where it ought to be. I think this is due to the officers themselves. There are a great many naval officers throughout the country now living in the hope and expectation that the cat-and-ninetails is to be restored. I think we owe it to them that we should record, by yeas and nays, on the journals of the Senate, what I have no doubt is the deliberate judgment of three fifths, if not of a larger majority, of this body, that it never can and never will be done. It ought to be settled by legislation that that is a fixed fact per se, that that thing never will be restored. When that is done, men and officers will conform themselves to the new state of things which they see about them. When such a bill as that shall be offered, I shall have something to say on the subject. I will not trouble the Senate now on that matter.

the premises from which he argues. One of them I will state at this moment for his especial edification. In the report which was read, I think from Mr. Engle, and one of those which the Senator

I

that flogging on board vessels was confined to comparatively a very small number of the crew. think he said, about twelve on board sloops, and about twenty on frigates partook of the flogging. I believe I am correct in that statement. I have looked over the returns of several of these vessels, and made somewhat of an analysis of them. I shall give to the Senate the result of one. The ship Columbus sailed out of the port of New York on the 23d of February, 1846, and returned on the 22d of February, 1849. That is a cruise of about three years; and we have only the returns of about eighteen months, or one half of the voyage. Four hundred and twenty-four floggings were administered during these eighteen months. If that number be divided between twelve or twenty men, it will give a pretty considerable portion for each. But I find that this administration of justice, though severe, was a little more equal. I find, by these

NEW SERIES....No. 29.

returns, that one man was flogged seven times; that four men were flogged five times; that eleven men were flogged four times; that twenty men were flogged three times; that fifty-seven men were flogged twice; and that two hundred and seventy-two took it once. Two hundred and seventy two different men were flogged once during eighteen months, or half the voyage. If there was the same proportion throughout the whole voyage, there would have been five hundred and twenty-four different men who received that punishment during one voyage. There are details of other vessels which I have in my memorandum book, which go to establish the same fact-that there is a very great mistake as to the extent to which this thing has been carried on board of vessels. I will not trouble the Senate further at this time; but I hope at some early day to have an opportunity of addressing the Senate on the subject.

Mr. DAVIS. I wish to say a word. I am one among the number who voted to discontinue the practice of flogging sailors. I did not doubt then, and I do not doubt now, that some regulations are necessary in order to keep up proper and suitable discipline. I have been encouraged by the hope that something might grow out of some considerations like those which have been thrown out by the Senator from New Hampshire; that moral considerations to some extent, and that suitable rewards and suitable encouragements might be held out to men to maintain good character and good discipline on board ships. I am by no means certain that they would not be very greatly encouraged-and that it might not be done with great advantage-by rewarding men, in money if you

please, for a course of good conduct long continued-by rewarding them in one of those various ways which are consistent with the discipline and best interests of the service. I rise at the present time mainly to express the hope that when this subject shall be under the consideration of gentlemen composing the Naval Committee, to whom it is referred, they will embrace in their examinations these considerations; that they will bring their minds to bear upon them, and that they will investigate the subject sufficiently to ascertain whether some such course of discipline as that may not be effectual in the Navy.

There are in this bill some pretty hard provisions, which are degrading in their character; but still, as there must be discipline in the Navy, and as men of large experience say that something of this sort is necessary, I shall reluctantly vote for this bill, but with the hope that a milder and more humane system may be introduced.

I think there is a great deal of misapprehension on this subject. It is nearly two years since we passed the act abolishing flogging in the Navy, and also in the civil marine. I live in a commercial community-in a State perhaps as largely engaged in navigation, in proportion to its popula tion and various interests, as any State in the Union; and, as far as regards the mercantile marine, I have never heard a voice raised against it. I never have heard a word of complaint in the mercantile service in regard to it. I have yet to meet the individual who seeks for the restoration of flogging in that service. Now it seems to me that this is a fact that every gentleman can appreciate that every gentleman can understand. It seems to me that the plain and obvious inference from it is, that the evil of a want of discipline for the want of power to control men by forcible means, is not so great as many gentlemen apprehend. But if gentlemen of experience in the public service still say that some power of this sort is indispensable to preserve good order and good discipline, I shall yield my views to them. I shall vote for this bill, and vote for it with the hope and expectation that the time is not remote when we shall come to a milder system.

Mr. CHASE. I regret the necessity I have felt myself under of saying a word in reference to this bill. I desired, indeed, nothing more than simply to place my name on record against a measure for which I cannot, in conscience, vote. The bill, as

originally reported from the Committee on Naval Affairs, seems to me liable to comparatively little objection. It institutes, however, a code for the government of the Navy which, in my judgmentinadequate, of course, for it is only that of a landsman-is sufficiently severe.

But I would consent, in deference to the judgment of the committee, and in deference to the judgment of others fully acquainted with the subject, to vote for the bill, with the single amendment of striking out the degrading punishment of "the ball and chain." It will be observed that this punishment is not to be inflicted at sea, but in port, where it is most conspicuous and most degrading.

The amendments which have been offered to this

bill, and adopted by the Senate, are, in my judgment, anything but amendments. They are the reverse of amendments. They make that which was harsh and severe enough much more harsh and much more severe. One of these amendments authorizes the commander of any vessel in the Navy, or of any shore station, to punish offences without a court-martial, without investigation, but summarily, and upon his own motion; by diminishing the rations; by restricting the diet to bread and water; by imposing extra police, and other duties; and in case of theft, in addition to any one of these punishments, by making good from the wages of the offender to the owner the value of the article or articles stolen, and obliging the offender to wear for any time not exceeding ten days, a badge with the word "thief" thereon.

Passing over other punishments, I desire to direct the attention of the Senate especially to two. The first of these is the imposition of "extra police and other duties." How large a variety of punishments may be inflicted under this single provision, and how enlarged is the range of discretion which it confers upon the officer in command! It seems to me that it must strike any man who will reflect for a single moment, that it is a power too extensive, too arbitrary, and too dangerous to be granted. The other of these punishments to which I desire to call attention, is that of obliging the of fender to wear a badge with the word "thief" thereon. The object of all punishment is reformation; at least the object of all punishment should be reformation; and it seems to me that to the other various punishments authorized by this act and this amendment, it is worse than superfluous to add a punishment which, in its nature, is so degrading and so dishonorable. Sir, a man may attacked and degraded not by punishment inflicted on the body only, but on the spirit also; and in my judgment, the former is less humiliating than the latter. I cannot, therefore, concur by my vote in the adoption of a law which authorizes a punishment of this character.

be

And I would say to gentlemen who have pro fessed themselves to be anxious for reformation in the Navy, that it is now, when a bill of this sort, containing provisions which many Senators deem essential to the discipline of the Navy, is under consideration, that they ought to propose the reforms they desire. They should not strengthen the hands of those who are in haste to inflict punishment, but slow to bring relief; who are ready to sanction all that is harsh, invidious, and

dishonorable to the sailor, consoling him with the empty promise that at some future me, ats some more convenient season, when the isommitmittee on Naval Affairs shall be quite at isure toc attend to it, some salutary provision hll be tintroduced which may possibly benefitshi Condition. I should not have troubled the Senatesed with the remarks but for the necessity impo me on baelye the refusal of the yeas and nays.

Senate to introduce a little bill which is a matter of great consequence to the trustees of the Deaf and Dumb Asylum in Kentucky. I wish to have this bill before the committee as soon as possible. It is a bill to extend the time for selling the lands granted to the Kentucky Asylum for teaching the deaf and dumb.

Leave being granted, the bill was read a first and second time, and referred to the Committee on Public Lands.

COURTS OF THE UNITED STATES.

Mr. FISH. There is a small bill on the Calendar which I ask the indulgence of the Senate to have passed at this time.

The PRESIDENT. The hour for the consideration of the special order has arrived, and the Chair really cannot allow gentlemen to interpose other business-at least, not without the consent of the Senate.

Mr. FISH. This bill will not occupy more than five minutes, and it is a matter of importance in relation to the courts about to be held this month in the State of New York. It is Senate bill No. 78; a bill amendatory of an act entitled "An act to provide for holding the courts of the United States, in case of the sickness or other disability of the judges of the district courts," approved July 29, 1850.

I am

Mr. BUTLER. If that bill is to pass at all, it is very important that it should pass now. sure there will be no objection to it. In order to bring the subject to which it relates to the understanding of the Senate, I will say that it is to amend a bill which is now in operation, and which thus far has worked well. From what I have learned of this matter, it appears that Judge Betts, of New York, had more business than he could attend to; and by an application of the bar, and with a view of facilitating the business, an act was passed providing that in case of the sickness or other disability of the judge, other judges should be allowed to take his place. This bill is only to extend the provisions of that act, and to allow the judges of the district courts of the State of New York to call in the aid of other judges. There are the judges of the district courts of the States of Vermont and New Hampshire, and some others, who have but very little to do, and might, when requisite, go to New York and do this business very well.

The question was then taken to postpone the prior order, and it was decided in the affirmative.

The bill was then considered by the Senate as in Committee of the Whole. It provides that the authority conferred by the former act (July 29, 1850) may be exercised by a circuit judge, or by the Chief Justice of the United States, as, in the said act directed, whenever, on the certificate of the clerk of the circuit or district court, under the seal of of the court, it shall be made to appear to the satisfaction of such judge or chief justice, that the public interest, from the accumulation or urgency of judicial business in any district, shall require it to be done; and that the district judge so designated shall have and exercise the same powers within such district as if the district judge resident therein, were prevented, by sickness or other disability from performing his judicial duties; and that it shall be lawful in case of such appointment, for each of the said district judges separately to hold a district or circuit court at the same time in such district, and discharge all the judicial duties of a district judge therein.

No amendment being offered to the hill, it was Teported to the Senate, and was ordered to be engrossed for a third reading.

THE COMPROMISE RESOLUTION.

The special order having been called, namely, the resolution offered by Mr. FOOTE, of Mississippi, in relation to the compromise measures,

The question was then taken, and the bill was ordered to be engrossed for a third reading.

KENTUCKY DEAF AND DUMB ASYLUM. Mr. UNDERWOOD. Before the special order is called, I ask the unanimous indulgence of the

Mr. GWIN. I believe, Mr. President, that the Senator from North Carolina [Mr. BADGER] is willing that the special order should be postponed to some future day, as there is a number of important bills which it is desirable should be pro

of Representatives if they are passed here.

Mr. BADGER. Immediately after I had moved an adjournment yesterday, several Senators intimated to me that they had bills here which they were anxious should be proceeded with and sent to the other House; and they desired that I would postpone my remarks on this special order to

some future day. I replied that it was of no consequence whether I spoke to-day or at some future time; and I will therefore move the postponement of this subject until this day week.

The motion to postpone was agreed to.

UNITED STATES COURTS IN VIRGINIA. Mr. BUTLER. I hope that by the unanimous consent of the Senate, the bill to change the times for holding the district courts of the United States in the western district of Virginia will be taken up. It is like the other bill which we have just passed. It is simply to change the times of holding the courts, and it is important that it should be acted upon now.

The Senate proceeded to the consideration of the bill as in Committee of the Whole.

The bill embraces four sections, the first of which provides that instead of the terms now prescribed by law for holding the district courts of the United States in the western district of Virginia, they shall hereafter commence and be held as follows: At Wytheville on the 28th days of March and August; at Charlestown on the 8th days of April and September; at Wheeling on the 19th days of April and September; at Clarksburg on the 1st days of May and October, and at Stanton on the 20th days of June and November, in every year. Should any of these days fall on Sunday, the court is to be held on the next succeeding Monday.

The second section provides that all proceedings whatever pending, or which may be pending in said courts, shall have a day thereon, and be proceeded with and decided as if the terms of holding said sessions had not been altered.

The third section fixes the salary of the judges at $2,500 per annum, payole as the salaries of other judges of the United States are now paid;

and

The fourth section provides that the act shall commence and be in force from and after the first of June next.

The bill was reported to the Senate without amendment, and was ordered to be engrossed for a third reading.

NAVIGATION OF THE UPPER MISSISSIPPI. The PRESIDENT. The next special order is a bill for improving the navigation of the Upper Mississippi.

Mr. JONES, of lowa. I hope the Senate will pass that over, and take up the bill which was under discussion the other day making a grant of land to the State of Iowa for the construction of

The Senate then proceeded to the consideration of "A bill granting the right of way and making a grant of land to the State of Iowa in aid of the

construction of certain railroads in said State."

The pending question is on the amendment submitted some days since by Mr..UNDERWOOD, which was offered after the bill had been considered as in Committee of the Whole and reported to the Senate.

Mr. FELCH proceeded to address the Senate; and having spoken until the usual hour of adjournment without finishing, he yielded the floor at the request of several Senators. The report of his remarks will be found in the Appendix.

'NON-INTERVENTION.

Mr. CASS. To-morrow was fixed for the consideration of the resolutions of the Senator from Rhode Island, [Mr. CLARKE.] I had an interview with him last evening, and I do not know whether he will be able to come to the Senate tomorrow. If he is not able to go on, with his concurrence, which I have already obtained, I shall ask the Senate to take up the subject, as soon as my colleague shall have concluded.

CENSUS PRINTING.

On motion by Mr. SMITH, by unanimous consent, it was

Ordered, That the amendment submitted by him to the

joint resolution to provide for the printing of the Returns of the Seventh Census, be printed for the use of the Senate. BILLS PASSED.

The following engrossed bills were severally read a third time and passed:

A bill for the relief of Mary W. Thompson;
A bill for the relief of John T. Sullivan;
A bill for the relief of Joseph Gideon;

A bill for the relief of John O. Means;

A bill concerning the sessions of the courts of the United States in the district of Delaware; A bill for the relief of George Poindexter; A bill for the relief of William Miller; A bill for the relief of Ezra Williams; and

A bill making an appropriation in part for the erection of a light-house on Sand Key, Florida. The Senate then adjourned.

HOUSE OF REPRESENTATIVES.

TUESDAY, February 3, 1852.

by the Rev. L. F. MORGAN.

The Journal of Monday was read and approved.

INTERVENTION.

Mr. ANDREWS. I ask the unanimous consent of the House to introduce the resolutions of the Legislature of the State of Maine, in relation to Hungary and intervention.

No objection was made, and they were introduced, as follows:

Resolve extending an invitation to Louis Kossuth. Resolved, That in Louis Kossuth we recognize a distinguished representative of freedom and constitutional liberty; and that His Excellency the Governor be requested to extend to him a cordial invitation to visit the capital of this State.

Resolved, That we tender to Louis Kossuth the assurance that we entertain a sincere sympathy for the wrongs of Hungary, and a deep detestation of the despotic tyranny of Austria, and the unwarrantable intervention of Russia.

Resolved, That we earnestly desire that the General Government of the United States may exert an influence, in some wise and proper manner, against all such intervention in future.

Resolved, That the Secretary of State be requested to communicate a copy of these resolutions to each of our Senators and Representatives in Congress.

Mr. ANDREWS. I desire their reference to the same committee to which the resolutions of the State of Alabama upon the same subject were referred.

The SPEAKER. That was the Committee on Foreign Affairs.

Mr. ANDREWS. I then move that the resolutions be referred to the Committee on Foreign Affairs, and that they be printed; which motion was agreed to.

On motion by Mr. PEASLEE, leave was granted to withdraw from the files of the House, for the of reference in the Senate, the petition purpose and papers of Jacob Gideon.

Mr. LANE, by unanimous consent, presented a certain memorial of the Legislative Assembly or Oregon; which was referred to the Committee on Territories and ordered to be printed.

Mr. CLARK. I ask the unanimous consent of the House to introduce a resolution which I deem of considerable importance.

The resolution was read for information, as follows:

Resolved, that the Committee on Military Affairs be instructed to inquire into the expediency of establishing an additional number of military posts on the overland route from the Missouri river to California, for the protection of emigrants and travelers, and that they report by bill or otherwise.

Mr. JONES, of Tennessee, objected to its introduction.

ASSIGNABILITY OF BOUNTY LAND WAR

RANTS.

Mr. JONES, of Tennessee, moved that the rules be suspended, and that the House resolve itself into Committee of the Whole on the state of the Union, for the purpose of taking up the special order; which motion was agreed to.

The House accordingly resolved itself into the Committee of the Whole on the state of the Union, (Mr. OLDS in the chair.)

Mr. HARRIS, of Tennessee, moved to take up the bills made the special order.

The CHAIRMAN. A motion for that purpose is unnecessary. They come up as the first business in order before the committee.

The CHAIRMAN. The special order is the

The CHAIRMAN. The first section of the bill will be again read.

The first section was then read, as follows:

Be it enacted, &c., That all warrants for military bounty land, which have been or may hereafter be issued under any law of the United States, and all valid locations of the same, which have been, or may hereafter be made, are hereby declared to be assignable, by deed or instrument of writing, made and executed after the taking effect of this act, according to such form and pursuant to such regulations as may be prescribed by the Commissioner of the General Land Office, so as to vest the assignee with all the rights of the original owners of the warrant or location: Provided, That any person entitled to preemption right to any land, shall be entitled to use any such land warrant in payment of the same, at the rate of $125 per acre, for the quantity of land therein specified.

Mr. HARRIS, of Tennessee. If the gentleman from Florida will allow me, I desire to inquire whether it would be in order to move an amendmend to the Senate bill, to strike out all after the

enacting clause and to insert the bill reported by the select committee of the House. My object is to get both propositions before the committee at the same time.

The CHAIRMAN. I suppose it will not be in order under the rules.

Mr. HARRIS. Does the Chair decide that such an amendment is not in order?

The CHAIRMAN. The Chair decides that it is not in order to substitute one bill for another

when both bills are pending before the committee.

It is not in order to move to strike out all after the

enacting clause, and insert the House bill. Does the gentleman from Tennessee appeal?

Mr. HARRIS. I desire to get both proposi

tions before the House at the same time. And as

the Chair has ruled my motion out of order, I think I will take an appeal.

The CHAIRMAN. The question is this: The gentleman from Tennessee [Mr. HARRIS] moves to strike out all after the enacting clause of the Senate bill, and to insert the bill reported to the House from the select committee. The Chair decides, that as both bills are pending before the committee it is not in order to strike out one and

insert the other. From that decision the gentleman from Tennessee takes an appeal. The question is, then, Shall the decision of the Chair stand as the judgment of the committee?

Mr. JENKINS. Is it not better to proceed and perfect the bill before the committee? and then, if it be desired, the gentlenian can offer a substitute for it. Will not the gentleman derive all the benefit which he desires by offering his substitute after the bill before the House has been discussed and perfected?

The CHAIRMAN. The Clerk will read the 55th rule.

The 55th rule was then read, as follows:

"No motion or proposition on a subject different from that under consideration, shall be admitted under color of amendment. No bill or resolution shall at any time be amended by annexing thereto, or incorporating therewith, any other bill or resolution pending before the House."

Mr. STEPHENS, of Georgia. I suppose the ground upon which the gentleman from Tennessee rests his motion, is that the House bill and the Senate bill, as now before this committee, are the same in subject matter. They were both taken up by joint motion in the House to refer to this committee. Hence it does not come under the operation of the rule which has been read.

The CHAIRMAN. The Chair supposes, however, that two distinct bills cannot be under con

sideration at the same time, although referred in the same order.

Mr. STEPHENS. The point of order will be, whether this committee can take charge of both of these propositions? It was only by the unanimous consent of the House the other day, that an order of the House was made by which both of these bills were entertained under one motion, and referred to the committee.

The CHAIRMAN. It is usual in such reference to say, that they shall be jointly considered. This order does not so specify.

Mr. FICKLIN. It seems to me, that there is another reason why the decision of the Chair is right, and it is this

The CHAIRMAN. The question is not debatable.

Mr. FOWLER moved to lay the appeal upon the table.

The CHAIRMAN. It cannot be done in Committee of the Whole.

The question was then taken upon the appeal, and it was decided in the affirmative.

So the decision of the Chair was sustained. Mr. CABELL, of Florida. When the House was last in Committee of the Whole, we were entertained by a discussion between gentlemen from the Northern or Eastern sections of the Union, with some account of the action of parties in their region of the country. I ask the attention of the House now for a very few moments, while I speak of what has been done in another section of the country, which I deem to be of as much public interest as anything, perhaps, to which I can address myself.

Mr. JENKINS. Is it in order to discuss this bill without any amendment pending?

The CHAIRMAN. The Chair thinks it is.

Mr. CABELL. It will be recollected by the House, that during the progress of our organizaregard to the action of the two parties, in prepartion, I amongst others expressed my surprise in ing themselves for that organization, in their reI stated then, and I state now, spective caucuses. that when I came to Washington, this winter, it was my expectation, from the opinions which had been so frequently expressed, the declarations so frequently made, and the pledges so frequently given, that the Democratic party of the North and the Union, when brought together here would adopt and recommend to the country an acquiescence in the compromise measures; and that the lieved, that upon all general questions, dividing the Whig party could not do so. I have always bebeen the true conservative party, saving and extwo parties of the country, the Whig party has

cepting upon this question of slave; and upon that they have run as wild as wild can be. I had observed, as I stated upon that occasion, that the Democratic party had been represented by more men upon the floor of the House of Representatives entertaining what I conceive to be sound and proper views of slavery and Southern rights than the Whig party. The mass of these two parties at the North I had never believed to be materially different. I believe the truth is, that they are about the same. But from some cause or other, the Democratic party has heretofore returned more men to the Congress of the United States who entertain views coincident with my own, upon this Southern question, than the Whig party. With these opinions, facts, and expectations, I avowed my purpose in the organization of the House, to act with that party which would stand by the Constitution of the United States and the rights of my section of country, and indorse the compromise resolutions. I thought the Democratic party would do this, but they did not.

My friend from Virginia, [Mr. MEADE,] during that discussion, suggested to me that I should avail myself of that occasion, or of some early occasion, to separate myself from the Whig party, and come over to the ranks of the Democratic party. Sir, the only alternative upon which I would ever be willing to pursue such a course-the only thing that would ever induce me to think of acting with the Democratic party-the only consideration for it, failed. I had been deceived by the representations of that party. I believed they had put themselves upon constitutional grounds, and I said that I would act with them, as I would act with any party that would pursue that course. But the very first action of that party in the opening of this Congress, was such as to violate that very principle upon