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appointed in pursuance of the eighth section of the The report of the committee was agreed to. the last Congress was three dollars for every thirty act of March 3, 1851, reported thereon; and, in

miles they traveled. If three dollars is not enough

WORKMEN ON THE CAPITOL. concurrence therewith, it was

for thirty miles traveling, the compensation ought Ordered, That three thousand copies of the said report

Mr. HUNTER, from the Committee on Public

to be increased; but if it is enough, they have no be printed, one thousand popies of which to be for the use

Buildings, to which was referred the memorial of right to grumble. Besides, they were allowed of the Light-House Board. the workmen employed on the extension of the

more per head for counting the population than On motion by Mr. FELCH, it was Capitol, reported a joint resolution to authorize the

was ever allowed under any previous census bill. Ordered, That the Committee on Public Lands be dis- continuance of the work on the two wings of the The only difficulty growing out of the subject is charged from the further consideration of documents in sup- Capitol; which was read a first time, and ordered in relation to the mileage which they claim; and port of the claim of the State of Alabarua, for the payment to a second reading. of interest due on account of the five per cent. fund, and

it can be demonstrated by this “square root,' that it be referred to the Committee on the Judiciary.

Mr. HUNTER. I ask the unanimous consent of the Senate to have it read a second time now,

that, when they give the number of families in On motion by Mr. ATCHISON, it was

their territories, their mileage cannot exceed a cerand considered by the Senate. Ordered, That the Committee on Indian Affairs be discharged from the further consideration of resolutions passed

The PRESIDENT. It requires unanimous con

tain amount. These gentlemen, in their petitions,

withhold the statement of the amount of travel by the Legielature of Michigan, presented the 15th Janua- sent. Is there any objection?

they have had to perform, and merely claim, in ry; and from the turther consideration of a resolution of Mr. BORLAND. I regret to make any oppo- general terms, more compensation. This is the the Senate of the 15th January, instructing the Committee sition to this on Indian Attairs to inquire into the expediency of pro

truth of the case. viding by law for the payment to the Ottawa and Chippewa

The PRESIDENT. Does the Senator object. Mr. BADGER. I beg to say that I did not inbations of Indians of the overplus money which shall be

Mr. BORLAND. I wish to state the reason tend any real reflection upon the “square root” found due, in pursuance of a treaty concluded at Washing- | why I object. I stated yesterday, when this mat- of the Senator from Kentucky. It is a very good con the 20th oi March, 1836. ter was brought before the Senate, that the subject

root. I have not the least objection to it in the EXPLOSION OF STEAM BOILERS. involved was undergoing an investigation by a Mr. BORLAND. I am authorized by the committee of the House of Representatives. I have to it is, that it does not give them a reason

world. All the objection the marshals in my State Committee on Printing, to which was referred the

was under the impression that a special committee able and decent compensation for their services. memorial of Alfred Guthrie, a practical engineer, I had been appointed for the purpose of inquiring Some like squares, and some like cubes. It is a submitting the results of his experiments in rela- into the correctness of the report, that the founda- matter of taste altogether. I move to refer the tion to the cause of the explosion of steam boilers, tions laid were not secure. It was supposed by memorials to the Committee of Claims. to report in favor of printing the document; and

some that these investigations had been abandoned, Mr. HALE. I would suggest that the Senate five thousand five hundred additional copies-five and that the gentleman moving for the committee have not got to the real difficulty. I apprehend hundred of which shall be for the use of Mr. had become satisfied, and had withdrawn his

that the truth is, that the marshals have not been Guthrie. I will remind the Senate of the remarks proposition. I learn, however, that such is not

to school long enough to know how to extract the made yesterday by the Senator from Illinois, I the fact, and that he is still of opinion that the

square root; and hence they do not know exactly (Mr. SHIELDS,) upon introducing these papers and

foundations of the wings are insecure and unsafe; || what their compensation is. But, if you put it documents. I suppose it will not be necessary to

and he is now pressing the other House for per- down in figures, they will be satisfied.' The exadd anything to what he said.

mission to send for persons and papers in order to planation of the Senator from Kentucky convinces Mr. HALE. I wish to say a word, and I wish inquire into the matter. For that reason I would

me of that. to call to the mind of the Senate, if they can re

be unwilling to see any measure adopted to pro- The memorials were referred to the Committee member it, the speeches made by the Senator from

vide for the continuance of the work, until that of Claims. Missouri, (Mr. Archison,) and the Senator from investigation should be made. North Carolina, (Mr. MangUM,) and another Sen

Mr. HUNTER. I would state to my friend

The PRESIDENT. The hour of one o'clock ator, upon printing extra copies of such documents.

from Arkansas that I have examined into this matI listened io those suggestions of economy and ter, as I am a member of the Joint Committee on

having arrived, private bills come up in their

order. prudence, at the time; and I submitted, as I had Public Buildings; and even if the suspicion which

Mr. GWIN. I move to dispense with the order in do, with a good grace. But it seems that those his friend entertains in relation to the foundations requiring private business to be taken up to-day, admonitions have all been forgotten, and here we

that we may take up the resolution providing for are to print five thousand extra copies, and five | lution would not affect it much. I have seen the hundred more for the author of some essay, not Architect this morning, and he does not expect to

the printing of the returns of the Seventh Census. by an officer of the Government-not of anything and then only in fine weather. I apprehend, how- fifty private bills, and have scarcely touched the

We have made great progress in the private busicarry up the walls until after the first of March,

ness before the Senate. I suppose we have passed connected with our legislation, but an essay upon explosions. That is what I understand it to be.

ever, that there cannot be much doubt as to the Mr. BADGER. That will be very useful to security of the foundations. This resolution, how general Calendar. This resolution, to which I have the Senate; for explosions happen here very often. ever, límits the work to be done by the appropri- vide for the printing of the census; and I hope we

referred, ought to be acted upon. We have to proMr. HALE. I object to this; and call upon ation which it makes. The resolution of the Sen

will take up the resolution this morning and disSenators who so prudently and wisely interfered

ator from Michigan (Mr. Cass] left it indefinite. and refused to print a public document of immense I think that the object of the Senator will not be

Mr. BADGER. I hope the motion of the Seninterest, and of great consequence, relating to a delayed by the passage of this resolution.


ator from California will not be agreed to. practical matter before the Senate, to apply the

Mr. BÓRLAND. Under the circumstances

day has been set apart by the order of the Senate same rule to this enormous proposition to print stated by the Senator from Virginia, I withdraw

for the consideration of private bills, and I hope tive thousand five hundred extra copies of the essay my objection.

the order will be adhered to. The Senator from of this gentleman upon explosions. Sir, we have

The resolution was read a second time, and the California will recollect that we are certain to pass explosions enough, without disseminating essays

Senate proceeded to consider it as in Committee of public bills. There is no doubt about them. But upon them; and I do hope the Senate will inter- | the Whole. It is as follows:

if we allow private bills to be thrown aside, eek pose and not sanction this expenditure. But I Resolved, &c., That the Secretary of the Interior may after week, Congress will adjourn without dispossuppose it is too late. The fashion is set.


continue in employment, for the construction of the wings
of the Capitol, as many of the mechanics and laborers as can

ing of the applications of private citizens for jusprinted, I do not know how many numbers of be properly engaged on the work; and that the sum of

tice from the Government. I hope we will adhere Professor Espy's speculations on storms; and this, I $10,000 be, and hereby is, appropriated, out of any money in to the Private Calendar. I suppose, is something similar to it in regard to the Treasury not otherwise appropriated, for that purpose : Mr. GWIN. I have but a single remark to thunder. As it appears to be the fashion of the

Provided, however, That the walls of the building shall not
be carried up in weather which is unsuitable for the work.

make in reply to the Senator from North Carolina. Senate to print extra copies of these documents, I have no hope of arresting this proposition. I shall

The resolution was reported to the Senate with

Never, in the history of the Government, have simply record my vote against it. out amendment, and ordered to be engrossed and

so many private bills been passed at such an early Mr. BORLAND. The Senator from New read a third time.

period of the session. We have not passed half

a dozen public bills, while we have passed at least Hampshire is, I think, altogether mistaken about COMPENSATION OF CENSUS MARSHALS.

fifty private bills. Our Calendar of private bills the character of this work. He speaks of our Mr. BADGER. I am rather late, but I beg the is nearly clear, and we have passed more private printing documents about storms and thunder. || indulgence of the Senate to allow me the opportu- bills this year than ever before have got back This is nothing of the sort. It is, essentially and nity now to present some applications from a from the House of Representatives. I am as eminently, a practical work, by a practical man- few more victims of the “

square root” of my much in favor of acting on all these private bills a man of whom it is said expressly, that he has | friend from Kentucky, (Mr. Underwood.] I have as the Senator from North Carolina, but I wish devoted a lifetime of intelligent and well-directed certain petitions, which I wish to present, of assist- also to attend to the public business. I would labor to one of the most important subjects that ant marshals of North Carolina, praying for assist- call the attention of the Senate to one fact: Three can be brought before the people of this country- ance and relief from the injurious consequences of or four Senators have the floor with unfinished especially important to all those connected with, or the “square root."

speeches on various questions, which will occupy in any way dependent for safety or for conve- Mr. UNDERWOOD. I have heard of census- the whole of next week. nience upon, the navigation of our rivers and lakestakers being victims of this system until I am tired Mr. BADGER. I am one of those who have by steam. It imbodies the most valuable inform- of it; and I wish to make a very brief statement unfinished speeches, but I am willing to give up ation on this subject-information which has been to the Senate in regard to the matter. Of the va

my time to private business. submitted to the most experienced and scientific | rious memorials which have been presented here Mr. GWIN. The Senator from Tennessee men of the country, and who have pronounced from these marshals and assistant marshals, none (Mr. Bell) has the floor upon an important quesit extremely valuable. I am confident of this. I of them pretend to state the size of their own coun- tion.

The Senator from Rhode Island (Mr. have examined these papers, and the documents ties; the number of miles they were required to CLARKE] has the floor on his resolutions in regard that have been presented, and I am of opinion that travel; nor the number of families they had to visit: to the foreign policy of the Government. The it is a very valuable treatise upon a very import- i but, in general terms, without specifying particu- Senator from Michigan (Mr. Cass] has the floor ant subject, and that no opposition ought io belars, they ask for more pay. All I have to say on on the same subject. The Senator from Illinois made to the printing of it.

the subject is, that the compensation allowed by [Mr. SHIELDS] has the floor on the resolution in

pose of it.


regard to the Irish exiles. All of these are im- of the private bills in which he was interested.lation in relation to it. I therefore desire, as that portant questions, and will occupy the whole of believe we had disposed of all the private bills in Senator is not in his seat, that the bill may be next week. And, as we are far in advance of the which he felt an interest, except one, and I am passed over for the present. I have been told that House in the Private Calendar, I appeal to the told that that looks very squally, and that it is he had ascertained that there was an adverse opinhonorable Senator from North Corolina, and to doubtful whether or not it will pass. I do not ion of the Attorney General in a case precisely other members, to take up this resolution and dis- make any charge against the Senator from Louisi- | similar, and that there have been iwo adverse repose of it to-day, for we shall not be able to do so ana. I know that he is generous. I know that ports in this very case. I do not know that this next week.

he, of all men, is least implored by supplicants; is so. I have been told so; and if that is so, I Mr. HALE. I would make a suggestion but still, without knowing it, these things do think we ought to pass the bill over until the Senwhich, I think, (if the Senator from California operate, even upon the oldest, the most grave ator from Delaware may be in his place. will give me his attention,) will obviate all diffi- and the most honest Senators. I have felt these The PRESIDENT. "The Chair will state that culties. It strikes me that this resolution, al- little anxieties myself, about having private or when a motion is made to take from the files of though it purports to be a public matter, is nothing public bills, in which I have felt an interest, the Senate any memorials or papers, an adverse more than a private bill for the relief of Donelson taken up and disposed of, without paying regard report having been made, the Chair puts the ques& Armstrong, and should be put upon the Pri- to the convenience or the wishes of my fellow tion; and according to a rule of proceeding here, vato Calendar as such.

members of the Senate. I am willing to make all these papers cannot be again presented unless they Mr. GWIN. I do not care how the object is my own business special orders, and give them pre- are accompanied by new matter, and some cause accomplished.

cedence over all other bills: and when the business be shown by the party presenting them why they The PRESIDENT. The suggestion cannot be which I have specially under my care is disposed should not have been so reported upon. carried out.

of, I feel the utmost indifference as to what shall A SENATOR. There has been no adverse report Mr. PEARCE. There is evidently no neces- be done in regard to other bills.

in this case. sity for pressing the consideration of this resolution Now, we made an order at the commencement Mr. HUNTER. I know nothing about the to-day. If it could be passed through both Houses of this session, at the instance of my friend from matter personally. All I know is what I have to-day, there might be some reason in this. But Maryland, (Mr. Pratt,) and my friend from learned from the Senator from Delaware. we all know that these returns will not be ready | Louisiana, setting apart this day for the consider | Mr. UPHAM. There has never been any adfor the printers for a long time to come.

ation of private claims. They were the principal verse report in this case. Mr. DOWNS. The Senate well know that I advocates of that order. And now, the Senator Mr. RUSK. I do not know of any adverse am very apt to urge the taking up of these private from Louisiana is the first man who is willing to report. There have been, if I recollect aright, two, bills; but I do not like to kill a good thing by dispense with it, for the purpose, as was well re- or three favorable reports in this case. having too much of it. We have certainly passed marked by the Senator from South Carolina, of Mr. UPHAM. There was one occasion on a great many private bills this session; and now, taking up a mixed matter, that is partly private which the committee were discharged from the since we have so many special orders on hand; and parıly public. The printing of the census re- further consideration of this matter; but there since we have so many debates to come up, one turns is a public consideration; but who shall do nover was an adverse report. after another, I thiuk we can, without doing in- | it--the gentlemen named in the resolution, or The consideration of the bill was passed over justice to private claimants, devote this day to the others—is certainly a private matter to them. I informally. consideration of the subject mentioned by the Sen- | think it has been demonstrated that there is no neator from California, and get clear of it. We have cessity of hurry in regard to that resolution. The

DAVID C. CASH AND GILES U. ELLIS. some half dozen subjects coming up, one after an- printing of the census returns may as well be or- The Senate then proceeded, as in Committee of other. One is debated, and then it goes over, till dered next week, or six weeks from this time, as the Whole, to the

consideration of a bill for the we forget all that has been said on it; and when it

relief of David C. Cash and Giles U. Ellis. This is called up again, all that has been said must be Mr. DOWNS. The Senate may rest assured was a bill from the House of Representatives, with gone over again. We have gone pretty deep into that I could not have been actuated by the motives an accompanying report, synopses of which have this printing matter. We went into the merits of which the Senator seems to suppose; because it already appeared in the Globe. It was adversely the subject yesterday. But if it is postponed, and happens that on last Friday I was absent, when I reported upon by the Senate Committee on Millnot acted on to-day, everything that was said yes- | ought to have been here; and on that day the only tary Affairs. terday must be gone over again. I therefore | bill in which I felt any particular interest was

The PRESIDENT. Will the Senate agree to hope that the motion of the Senator from Califor

postponed on account of my absence. So that if the report? nia will be agreed to.

had any interested feeling about this matter, it Mr. BADGER. The question, I suppose, does Mr. BUTLER. If we have rules, I hope we would lead me to favor the taking up of private bills not come up upon the report, because the bill is will observe them. I came here to-day for the to-day, in order to remedy my negligence on last

before us. purpose of attending to some private claims. I Friday. I think the inducement which I stated at The PRESIDENT. The bill is before the have none for my own State, but there are private first was sufficient. I think we ought to take up Senate. claims, which appeal to the justice and liberality this measure and dispose of it. There is no ur- Mr. BADGER. I suppose the Senate will sig. of the Senate, and which ought to be attended to gency in regard to these private bills. No gentle- | nify their concurrence in the report by rejecting claims that are founded far more in justice, than man has named any particular bill which requires || the bill. the one now urged upon the pretext of being a action at this moment. We have already passed The PRESIDENT. That is precisely the public measure, when in fact it is a private bill. I as many private bills as will occupy the touse of question. If they reject the bill they will concur do not intend, by my vote, to give a preference to Represéniatives for some months to come. I want in the report. this resolution to appropriate money to these gen- this resolution to be disposed of. Let us vote on Mr. BADGER. I would like to hear the report tlemen, before applicants, who are standing at the it at once. Let us not be fighting it off in this read. door there, and whom I have just left, appealing way. We have had talking enough about it; and The PRESIDENT. There is no written report to the justice of the Senate. I hope, if we have I want gentlemen to come up to the mark and vote from the Senate committee. There is a report from rules, that we will observe them.

on it, and tell us what they are going to do in re- the House committee. The Senate committee The PRESIDENT. It is not a rule, but mere- lation to it. If they intend to vote against it

, let have merely reported by an indorsement upon the ly an order, which requires Friday to be set apart them do so. They have a perfect right to do so.

bill. Let the bill be read. for the consideration of private bills.

But let the resolution be disposed of at once; and The bill was accordingly read. Mr. BORLAND. I desire to call the attention then let us go on with other business. Every one The PRESIDENT. 'The Chair has already of the Senate to the fact that I urged upon them understands the resolution. Every one knows stated that there is a report made by the House some time ago, when a simjlar proposition was what it is. It has been discussed sufficiently. Let Committee on Military Affairs, and it will be read under consideration, that these discussions are the

us dispose of it at once and go on with other busi- | if any Senator desires it. strongest argument we can have for observing the

I hope that it will be taken up and acted Mr. RUSK Let the report be read. order of business upon the Calendar. I believe it upon to-day:

The report was read accordingly. was the general understanding that we should Mr. SOŮLE called for the yeas and nays; and

Mr. SHIELDS. The Committee on Military pursue the order of business upon the Calendar, they were ordered; and being taken, resulted Affairs reported adversely on this case, but have and take up subjects as they are in their order. I yeas 16, nays 28; as follows:

made no written report. One reason for not prewould remind Senators now, as I did on a former occasion, that it has almost uniformly been the of Wisconsin, Dodge of lowa, Douglas, Downs, Felch, kind, it is almost impossible to do so; and another

YEAS--Messrs. Bradbury, Brodhead, Clemens, Dodge senting a written report was, that in a case of this case, when propositions of this sort are moved,

Gwin, Houston, Jones of Iowa, King, Mallory, Rusk, Sethat more time is consumed in discussing the bastian, and Shields--16.

reason was, that the report of the committee of NAYS-Messrs. Atchison, Badger, Borland, Butler,

the House of Representatives, which has just been question, whether we will disregard the rules, and

Clarke, Davis, Dawson, Fish, Foot, Geyer, Hale, Hamlin; read, is of such a character, that had we made a take up business out of order, or follow the Cal- Hunter, James, Jones of Tennessee, Mason, Miller, Mor- written report, we must have contradicted that endar, than would be consumed in passing the ton, Pearce, Pratt, Seward, Smith, Soulé, Spruance, Sum

report. measures themselves. I do hope that we will folner, Underwood, Upham, and Wade-28.

This is an old case, which has been before the low the rule that has been adopted, and take up


Senate often. Cash acted as a deputy quarterbusiness upon the Calendar in regular order. We The Senate proceeded to the consideration of the master, and Ellis as a deputy commissary. They shall then do justice to all parties, and advance bill for the relief of Ira Day, of Vermont. This obtained supplies and material from the Governmore rapidly the public business, than by this ir- bill was under consideration by the Senate as in regular mode of proceeding.

ment to a very large amount, and they signed themCommittee of the Whole on Friday last when selves in this capacity, one as deputy quarter Mr. ATCHISON. I trust the order of the Sen- the Senate adjourned, after agreeing to a motion master, and the other as deputy commissary, and ate will be adhered to. The Senator from Louisi- to strike out the words together with the interest they distributed, God knows how much, for they ana is not so unsophisticated in this business as thereon."

do not pretend to tell. When they he has been charged to be. I think that that Sen- Mr. HUNTER. The Senator from Delaware their accounts with the Department, the Departator was not present on the last private bill day; takes considerable interest in this bill, and I should and we had previously, I believe, disposed of most like to observe that he is obtaining some inform- || cation of the supplies they had received; but it


came to seltle


seems they were unable to furnish any such Mr. RUSK. I was engaged a moment ago sense of justice to these men, in view of the facts vouchers. The Department, therefore, instituted when the Senator from Mlinois (Mr. SHIELDS] was presented to us. a suit against them, and then they come and make making his statement, and did not hear what the The PRESIDENT. The Senator from Texas affidavit that they were not acting really in that point was.

moves to postpone the further consideration of the capacity, officially, but were acting in their indi- Mr. BADGER. With the consent of the Sen- question till to-morrow. vidual capacity, and were not, therefore, responsi- ator from Illinois, and if the Senator from Texas Mr. BADGER. Which question has priorble as officers of the Government, but only to the will allow me, I will explain that point to him. | ity? officer whose agents they were, and whose name There is an action at law, brought by the Govern- The PRESIDENT. The question on the mois mentioned in the report of the House of Repre- ment of the United States, now pending against tion to postpone till to-morrow. sentatives. They claim that they accounted with these men. The matters which they set up in The question was then taken, and it was not him, and left him to account with the Department. their petition, as reported by the House commit- | agreed to.

Now, the papers on file show that their receipts tee, furnish, if true, a complete legal defence- The PRESIDENT. The proposition now is were given to the Department, as quartermaster not merely an equitable defence, but a complete to postpone the consideration of the bill indefiand commissary. They received the property || legal defence to the action. Then, the inquiry is, nitely. of the Government in that capacity, and could not why should we relieve them upon an ex parte ex- The motion was agreed to. have received it in any other. They took that || amination, when the question is now pending beproperty, and distributed it in that capacity; and tween them and the Government before a legal they turn round afterwards, when called upon forum, where these questions can be better heard

Mr. SEWARD. During my absence a bill for

the relief of Thomas H. Leggett, as I am informed, to account to the Government, and deny the offi- and more fully and satisfactorily decided than they cial character which they had assumed to obtain can be here? If the facts, as they represent them,

was arrived at on the Private Calendar, and was the property, and make affidavit, that while they are true, they will obtain a verdict; and if they are

laid on the table. I now call it up in order that it stated that to the Government, they were merely not true, or not established, of course the verdict

may take its place. acting as agents of some other man. How this will be against them.

Mr. HAMLIN. I think, in justice to the Senbill passed the other House, I cannot tell. Now, Mr. RUSK. The honorable Senator from North

ator from New York, this bill should be conthere are two views which present themselves. In

It was arrived at in its order, and Carolina appears entirely to misunderstand the sidered now. the first place, there is a suit in course of prosech- | bill.

in consequence of the absence of the Senator it tion against them. Let them show, when they Mr. SHIELDS. Let the question be tried upon

was laid upon the table. defend that suit, that they were really acting in the pending action; and it will then be quite time

The question was taken on the motion to take the capacity in which they pretend they were act- to give them relief when a verdict has been ren

up the hill, and it was agreed to. ing here. I have consulted the Department, and dered against them.

Mr. HUNTER. This is a bill for refunding I am informed that the Department will go on to Mr. RUSK. I must repeat, that Senators ap

duties, as I understand it, and I should like it to

lie over for the present. prosecute the suit. If the statements they make pear entirely to misunderstand the object of this are true, they can exonerate themselves; and if bill. The bill is not designed to relieve these men

Mr. SEWARD. It is not taken up with a the statements are false, of course they will be from any responsibility which they may have in

view to action, but simply that it may take its held responsible

to the Government for the amount curred to the Government of the United States by place on the Calendar. of money out of which they actually cheated it. a misappropriation of this property—uot by any

MRS. E. A. M'NEIL. 1 move that the bill be postponed indefinitely. means. It is only to pay them what appears to Mr. UNDERWOOD. I move to reject the

The Senate next proceeded to the consideration be due to them, as shown by the books of the

of the bill for the relief of Mrs. E. A. McNeil, bill. Department, for their services, the one as a lieu

widow of the late General John McNeil, as in Mr. PRESIDENT. The question must be on tenant and the other as a private soldier.

Committee of the Whole. concurring in the report.

Mr. BADGER. But if these men already owe Mr. FELCH. The Senator from New HampMr. SHIELDS. A motion to postpone indefi- the Government anything, they ought not to be

shire, who takes an interest in that bill, is sick and nitely will answer the same purpose. paid the money which this bill proposes to pay

not able to be present. I therefore move that the The PRESIDENT. Certainly. them. That question is now pending, and it

bill be passed over informally. Mr. RUSK. I think the Senator is laboring I would only be proper to let this bill lie over until

The motion was agreed to. under a mistake, as I understood the subject from that question is decided. hearing the report read. Judging from the report, Mr. RUSK. And if the Government should

JOHN ERVIN. this seems a very clear case of merit. As I un- not obtain a verdict against them, how are they The Senate then resumed, as in Committee of derstand, this man Crum was acting as quarter- to succeed in obtaining their pay?

the Whole, the consideration of a bill to confirm master and commissary. The applicants here Mr. BADGER. By bringing in their claim. the claim of John Ervin to a certain tract of land were, the one as lieutenant, and the other a private Mr. RUSK. How can that be done after the in the Bastrop Claim. soldier, and both employed to act as the depu- || Senate have rejected the bill? I have not seen Mr. DOWNS. I will state, Mr. President, ties of Crum, the one as quartermaster and the || this report, but, from the reading of it, it strikes that the Senator from Kentucky (Mr. UNDERother as commissary. This frequently occurs, me as being a clear case of merit, in which these wood) desires to go into an investigation of this and it seems the House of Representatives are men simply ask payment for services rendered. question. He is not now in his seat. On his sustained in this matter by, the affidavit of Crum | If you reject the bill, you must disbelieve the affi- || proposition the bill was laid over last Friday; and, himself, that he employed these men to act as davits of these three men-Crum, Cash, and Ellis. as he is not here now, perhaps it would be as well deputies, and required them to report all their I therefore move to postpone the further consid- to pass the bill over. proceedings to him, as the responsible officer of aration of this bill until to-morrow, in order that Mr. BADGER. I hope we shall not lay this the Government. That is whail understand from we may have an opportunity of giving it a fuller bill over any more. the report; and it seems that when these individ- || examination. It is but a small matter. The Mr. DOWNS. I dislike to take up the bill in uals applied to be paid for their services, not as amount involved is not considerable, and is hardly | the absence of the Senator from Kentucky. quartermasters or deputies, but as soldiers, the worth the trouble which must bewundertaken by Mr. DAVIS. I have the impression that many Government refused to pay, because this was an these men to obtain it; but I would not like to do bills of this description have been passed. Is not unsettled account. The Committee on Military what appears to be injustice even in a small mat- that so, sir? Affairs seems to think that, because they signed

Mr. DOWNS. Many bills very much like it themselves deputy quartermasters, it is conclusive Mr. BADGER. If the Senator from Texas have been passed. evidence against them.

will allow me, I will add one word in further ex- Mr. DAVIS. I am not aware that this is differMr. SHIELDS. These two men were at dif- || planation. The officers of the Government have ent from other cases. If so, I wish the Senator ferent posts, acting in the capacity which I have very properly refused to pay the amount of money from Louisiana would state the fact, stated. They drew from Colonel'Hunt all these which migln otherwise be due to these persons, on Mr. DOWNS. It is analogous to many bills supplies. The man whom they now pretend they || the ground that they are debtors to the Govern- | which passed at the last session. Some few acted for, whose name is Crum, became a defaulter, ment to a large amount. They say that they are were excluded by the rules which were adopted has never accounted to the Government, and never not debtors; and if their statement is true, they at the last session. It is in the same spirit as can. After he became a defaulter, and they were can defend themselves in an action at law against those that have been passed, tho not strictly called upon to account to the Government, they | the Government. If their statement is false, they | and technically within the rule. The reading of turn round and insist that they acted as the agents are not entitled to any relief; and if it be true, the report, which is very brief, will show what of Crum; and he himself admits it, because he is they will undoubtedly obtain it. If it is found it is. a defaulter and owes so much that he can never by the decision in the action, to which reference Mr. DAWSON. Read the report. pay the Government. I will ask honorable Sen- has been made, that they do not owe the Govern- Mr. FELCH. I think it will be better to let ators to look at the papers and at their own re- ment, then their pay will be given to them at once, the bill lie over for the present, till the Senator from ceipts as reported from the Department. If the and we will have no difficulty in passing a bill for Kentucky (Mr. UNDERWOOD) is in his seat, as he statements they make be true, they have a good their relief.

has intimated that he wishes to express his views legal defence. I will ask any of my honorable Mr. RUSK. Well, I move to postpone the upon it. My impression is, that the bill gives a legal friends here if the facts reported are not a further consideration of the bill till to-morrow. preëmption right to a small portion of land. But good legal defence in any court in the United The amount is so small that it is scarcely worth I have not examined the question, on account of States ?

the trouble of these men to come here to get it. the fact that the honorable Senator from Kentucky Mr. BADGER. Certainly they are.

Mr. SHIELDS. I wish to say a single word had taken it in charge; and I think it will be beiMr. SHIELDS. Then if they can' maintain to my friend from Texas. I would be as unwill- ter to let it lie over till he is present to attend to it. that defence, why should they come here, in antici- || ing to be unjust to any poor soldier as the honor- || I make that motion that it be passed over informpation of the decision, for relief? I look upon that able Senator himself. But we examined this mat- ally. single point alone as being enough to condemn ter very candidly in the committee, and it was Mr. BADGER. I hope not. I wish to say their claim.

unanimously agreed to report as we did. I regret to the honorable Senator from Louisiana, (Mr. Mr. BADGER. That is the point in the case, that we felt compelled to do it. We did it from a Downs,] that if he chooses to have it lie over, I



have nothing to say. But if it does not pass in willing to say to this gentleman, "Take your head

COMMODORE WARRINGTON consequence of lying over, he will know at whose right, as we call it in Kentucky, or, as it is called The Senate next proceeded, as in Committee of door the blame will rest. here, your preëmption-take your one hundred

the Whole, to the consideration of the bill for the Mr. DOWNS. Then I will not consent to let and sixty acres of land by preemption, pay for it relief of M. K. Warrington and C. St. J. Chuib, it lie ove.

as your neighbors have done, and with regard to executors of Captain Lewis Warrington; which Mr. FELCH. The law which is referred to the excess, you have no right to it at all.' I think

was read. in that bill specifies two classes of cases to which we should reject this bill, and let the law take its

It proposes to authorize the Secretary of the relief may be granted. The one, those who claim

Navy to open an account with M. K. Warrington under Bastrop, holding under a Spanish grant, Mr. HALE. As I was one of the committee and C. St. J. Chubb, executors of the late Captain and his assignees; and to that class of persons who reported this bill, I think I can answer the Lewis Warrington, and the officers and crew of there is given six hundred and forty acres of land objection of the Senator from Kentucky. The the sloop-of-war Peacock, their legal representa. without any compensation to the United States for case is an exceedingly simple one. Settlers located tives and assigns, on account of one moiety of the it. It was intended to relieve a class of persons themselves upon this land, and among the rest sloop Epervier, her tackle, implements of war, and who purchased under an old Spanish grant, de- was this man Ballinger; and subsequently this pe- specie on board at the time of her capture in 1814, clared to be now invalid.

titioner, who went under Ballinger, intending to which moiety was, by mistake, paid into the The second class of cases embraces those per- || purchase his title. He has been there for more Treasury of ihe United States; and to settle their sons who, without having any claim by way of than twenty-three years, and Ballinger went off respective rights therein, according to the act of a title from Bastrop, are entitled by virtue of pos- and never made his appearance again. By the April 23, 1800, for the better government of the session to a preëmption right to one hundred and bill which you passed last session, if Ballinger Navy of the United States; and that the sum, sixty acres, including their improvements. If I were here, he would be entitled to this land; but when so settled, shall be paid out of any money understand this matter correctly from hearing the he is not here. Now, the difficulty suggested by in the Treasury not otherwise appropriated. report read, this Ervin does noi trace back his title the Senator from Kentucky, does not arise here Mr. BRADBURY called for the reading of the from Bastrop; he has merely occupancy as the at all. We do not in any way interfere with Bal

report of the Committee on Naval Affairs; from foundation of his claim, and his case, therefore, linger's title. That title will stand just as good which it appears, that the same subject was recomes within the category mentioned in one of the when this bill is passed as i: does now. All that ferred to the Committee on Naval Affairs at the last sections of the act, giving relief to those who we do, is to say that the United States shall not first session of the last Congress, when a report have occupied lands for a certain number of years. come in as a third party between Ballinger and was made, briefly setting forth the facts out of If no legislation is had, he will be entitled to a this man Ervin. Ballinger has a good title, if we which the claim originated, which the committee preemption right to one hundred and sixty acres do not disturb him; and all that we do in this bill, adopt as a part of their present report, and reincluding his improvements. If this bill passes, is to say to this poor old man, that we will keep commend the passage of the bill without amend. it will put him on the same footing exactly as “hands off," as between him and Ballinger. We ment. The committee reported—on the memothose who received a title from Bastrop. As I say to him, “ If you have a good title, keep it, rial of Lewis Warrington, for himself, officers, and stated before, my impression is, that it is a case in and we will give you ours: or, rather, we will not crew of the sloop-of-war Peacock, and praying the which the preëmption right ought to be granted. interfere.It seems to me in that view of the balance of prize money due them for the capture He will then receive one hundred and sixty acres case this bill ought to pass.

of the British ship Epervier--that in the month of of land under the preemption, and no more. This Mr. DAWSON. I will merely ask the Senator April, 1814, the British ship Epervier was capbill proposes to give him six hundred and forty from Louisiana one question. Did Ballinger ever tured by the Peacock, under the command of the acres, and also to relieve him from paying any purchase six hundred and forty acres from Bas- memorialist, and was afterwards, in the district compensation to the Government for it. It seems trop?

court of Georgia, condemned, with its tackle, amto me he should be allowed to remain under the Mr. DOWNS. It is so stated in the papers. munition, &c., as a prize of war to the captors, rights which he now has; or, if it be desirable, let Mr. HALE. I believe he purchased a larger and a sale by the marshal was ordered to be made; him have a preëmption right. But I see the Sen- quantity than that.

that there was on board the Epervier a large amount ator from Kentucky is now in his place, and 1 The bill was then reported without amendment, of specie, which was condemned as prize money. yield the floor to him.

and, on a division, it was ordered to be engrossed The Epervier was a vessel of equal force with the Mr. UNDERWOOD. I believe the honorable for a third reading.

Peacock, as appears by the report of Captain WarSenator from Michigan has stated everything that


rington, by the report of the arrival of the prize at I have to state upon the subject. From the ex

Savannah, by the report of the officer in charge of amination which I have made, this gentleman, if Mr.JAMES. I throw myself on the indulgence

it, by negotiations between the Department and this bill passes, will get lands for nothing to the the Senate, and ask its unanimous consent to

Captain Warrington for the purchase of the prize, amount of six hundred and forty acres, when, ac- take up a bill for the relief of Jane Irwin.

and finally by the decree of condemnation to the cording to legislation, he would be entitled to a The question was taken on the motion to post

captors only: preëmptive right of one hundred and sixty acres. pone the prior orders and take up this bill, and it

By the fifth section of the act of Congress of I see no reason why we should enlarge the amount was decided in the affirmative. and give him that difference. The grounds on

The bill was read a second time. It proposes

April, 1800, for the better government of the Navy

of the United States, it was enacted that all the which this claim was placed, the other day, was to pay Jane Irwin, the only child of Colonel Jared

proceeds of captured vessels which shall be adthis: A man by the name of Ballinger lived upon Irwin, who served in the Georgia State troops from judged good prizes, when of equal or superior the land that this memorialist has occupied. Bal- the beginning to the close of the revolutionary war, force to the vessel or vessels capturing them, shall linger, according to the statement of the memori- as an equivalent for services rendered and losses be the sole property of the captors; but when of alist, purchased the land of Bastrop, and paid him sustained by him, the half-pay of a captain for the inferior force, they shall be divided equally be for it. The memorialist says he intended to pur- | period of thirty-five years.

tween the Government and the captors. It is, chase it from Ballinger, but he has never paid him There being no proposition to amend, the bill

therefore, certain, in the opinion of the committee, He says Ballinger abandoned the land, was reported to the Senate.

as well from the true facts of the case as from the and has absented himself for a long time, and has Mr. PEARCE. I should like to have some

decree of condemnation, that the officers and men never received anything. Now, what condition explanation of that bill.

of the Peacock were entitled to the whole of the shall we be placed in if Ballinger should hereafter . Mr. HALE. Let the report be read. It will proceeds, and the same should have been paid over come forward and say, "I want Congress to com- explain


to them by the marshal. But this was not done. pensate me for this land, which I purchased of Mr. COOPER. I will state what the substance On the contrary, the marshal, from some mistake Bastrop;' and suppose he says, “You have com- of the report is.

or misapprehension, treated it as a case for a divispensated everybody else, and allowed them a tract Mr. BUTLER. I wish to ask if the committee ion between the United States and the captors, and of land, why not pay me? Will you take ad- were unanimous in their report?

therefore paid one moiety to each. The committee vantage of my absence after I paid Bastrop, and Mr. COOPER. They were last year. The were therefore of the opinion that the moiety replead the statute of limitations upon me?” Gov- father of Jane Irwin was an officer in the Georgia ceived by the United States, being undoubtedly ernment has never done that. Now, if Ballinger line of the Army, and performed most meritorious

the property of the captors, ought in justice to be comes forward and says, "You agreed by your service during the whole of the revolutionary war. accounted for to the true owners. The lapse of legislation that all those who purchased from Bas- He was in many engagements both in Georgia time since the erroneous payment was made might trop and paid him for that land should hold it”- | and the Carolinas. After the close of the war, he afford some objection to the relief if the ground what answer will you give him? You must say removed to the frontiers and was often engaged of the claim was uncertain or not proved; but all the to him, “ You are to be put upon the same footing there in the Indian wars, and performed service facts and the ground of the claim stand proved by as other individuals." Now, this individual sim- not only as a soldier, but was eminently useful in official papers which cannot be mistaken. They ply asks Government to do for him what Govern- i subsisting troops in that out-of-the-way country. can be ascertained now with the same unerring ment would do for Ballinger, if he were here. ] He lost a very large amount of property, and never certainty as at the time of the transaction. These do not see any obligation for such a course except received from the United States a cent by way of proofs accompany the memorial submitted with upon

ground which is contended for, that he compensation for his services or the losses he sus-

the report. T'he memorialist asked only the prinhas occupied the land till, by the laws of Louisi- tained. ana, he could set up a title by prescription against

cipal of the sum; and the right being clear, the

The present applicant is the only surviving child justice of the demand, instead of being weakened Ballinger. And as he can prescribe against Bal- of General Irwin; who was afterwards, for several linger, he wants you to cut off Ballinger, and let

is strengthened by the great length of time the United successive terms, Governor of the State of Geor

States have had what originally belonged to the him be placed with reference to Bastrop as Ballin- gia. If ever a meritorious claim

came before the captors. The claim grew out of one

of a series ger and yourselves would be placed. It seems to Senate, that does not fall within the

ordinary rule, of victories upon the ocean and lakes, which shed me not just to let a man come in and make out a

this is one. title, when he says he has not paid a cent, but

such glory upon our country, and must ever be

The report was then read. merely intended to do it, and then set up a title by The bill was reported to the Senate without bearing the name of an American. The commit

remembered with patriotic pride by every one prescription against a man from whom he intended amendment, and ordered to be engrossed for a tee, in view of the considerations named in the to buy the land. In this view of the case I am third reading.

report, accompanied it by a bill.

a cent.

Mr. BŘADBURY. I believe a very consider- *1 captured the Epervier, and sent it into port for Department as of equal force. The judge who able amount is involved in this bill. I recollect condemnation. When I returned, I found that ordered the condemnation thought they were of having examined the question when it was before . but one half the prize money had been paid into equal force. And now, we are told that this victhe Senate some three years ago. The facts are the hands of the agent. I knew it was wrong. I tory, which we had heretofore thought reflected not very fresh in my recollection at this time; but I applied to a distinguished and honorable gentle some glory upon our arms, was nothing; that there I think that the application for relief on the part .man, then a member of Congress from Virginia, was not a contest; that there was twice the number of Commodore Warrington and his associates is and asked him to institute some proceedings for of men in the American ship that there was in the of a somewhat recent date.

my relief. He said to me, it is impossible, British; and that the ships were of a different Mr. BADGER. It is.

• Commodore, to go behind the decree." He weight of metal. I hope the Senate will not add Vr. BRADBURY. I think it is a little remark- took it for granted, and so did Commodore War- to the injustice of declining to pay this money, the able that the captors of a vessel, which had on rington, that the marshal had paid the money ac- indignity of such a reproach upon the gallant men board a valuable cargo of specie, should have so cording to the decree. He had no idea that the concerned in the accomplishment of that deed. long delayed their application. marshal, upon a decree in favor of the captors

The decree of the court was, that the money Mr. BÅDGER. If the Senator will allow me, alone, had paid one half the money to the United should be paid to the captors. Not one word was I will make a statement, which will cause the re- States, but supposed that it was a mistake of the said about the United States. The marshal, by a markableness to disappear. The case is simply | judge who pronounced condemnation. There the mistake, I suppose, instead of paying the whole of this: In April, 1814, Commodore Warrington, matter rested; and years and years elapsed before the money to the captors, paid half of it to the then in command of the American ship Peacock, | it was discovered that the decree was right and United States. That is the case. The United a sloop-of-war of eighteen guns, attacked and cap- the payment wrong.

States got so much money, by a mistake of the tured the sloop of war Eperrier, also of eighteen That, sir, is the explanation which I have to marshal, which belongeil, under the decree, to the guns. The Epervier was sent into the port of Sa- || give; and I wish to say, that though the amount is captors. If it had been the case of an indivijual, vannah, in charge of a prize-master, for condem- | large, there has not been a claim, in my opinion, an action could have been brought by the captors, pation. She was condemned in that port, and a from the foundation of the Government, whether i and the money recovered. But the United States decree of the court directed the whole amount of for a million dollars or for a penny, more justly due cannot be sued. I have stated the reason why the capture to be paid to the captors. The hon- to more honorable men who have rendered import- || the claim has been delayed. Commodore Wars orable Senator (Mr. BRADBURY) shakes his head. ant service to the country. It has been too long rington, knowing the money had been paid in a It is very easy to do that; but if he will read the delayed. The Government has had possession wrong manner, applied to a gentleman from Virpapers be will find that it is so. The decree of the || and use of the money for forty years. All that is | ginia, who, presuming the marshal had followed court directed the whole of the money to be paid | asked is the simple return of the money without the decree, stated that they could not go behind to the captors, and not one cent to the United interest.

that decree. But it turns out that the decree was States. Commodore Warrington did not quit his Mr. BRADBURY. I have heard the explana- | right, and the payment by the mashal wrong. cruise, and come home to attend to his pecuniary |tion of the honorable Senator from North Carolina Mr. BRADBURY. It is a long time since I interest, but continued to prosecute his cruise with pleasure. He speaks so well that I always looked into the papers of the case. I had a differagainst the enemies of his country: Consequently | listen to him with a great deal of pleasure. Tent impression in regard to the decree. Probably he was not here at the time the decree was made think, however, that we should examine this sub- the Senator is right in his statement. I should and the payment made under the decree. The ject carefully, and see why it is that the claim was like to have it read. marshal of the district of Georgia, whose duty it suspended so long without an application for relief. The decree was read, as follows: was to pay the money to those to whom it was It looks a little singular to me that for some forty The United States vessel of war Peacock vs. $117,903, awarded by the court, to wit: the captors, instead years an individual, residing at the capital for a captured in the Epervier, libeled prize.

The United States vessel of war Peacock, commanded of doing that, paid one half the money to the prize very considerable portion of the time, should not

by Lewis Warrington, Esq., in the late capture of his Britagent, and othe other half into the Treasury of the be aware of the fact that the Government was in- ish Majesty's sloop of war Epervier, brought into this port, United States. The ships were of equal force. debted to him and others with whom he was asso- captured also the sum of $117,903, which has been libelled

by the district attorney. The usual monition has been pubThat is proved, in the first place, by the decree | ciated, in a large sum of money.

lished, and proclamation made; and no claim appearing, it directing the money to be paid to the captors; be- Mr. BADGER. I tried to explain it. I ima

is ordered, adjudged, and decreed that the sum of $117,903 cause if the captured vessel had been of inferior | gine the Senator did not listen to me.

be condemned as a prize of war, to the captors, to be disforce, it was the duty of the court to have decreed Mr. BRADBURY. If the Senator wishes the tributed as the law directs, after costs and charges. one moiety to the United States. It is proved, || floor, I will yield it.


District Judge of Georgia. next, by the fact that the vessels were reported by Mr. BADGER. Not at all. the captors to be of equal force; by the fact that Mr. BRADBURY. I suppose the act which

The bill was then reported to the Senate withthe Secretary of the Navy at the time negotiated | grants to the captors, in cases of the capture of

out amendment, and ordered to be engrossed for a with Commodore Warrington for the purchase of vessels of an equal or superior force, the whole

third reading. the captured sloop, for the Navy of the United property captured, was intended as an incentive, States, as being the property of the captors; and and to reward those in the Navy for extraordinary The bill for the relief of Frances P. Gardner, by the fact that in the Navy Register, after that exertions. Technically, the contest from which reported from the Committee on Pensions, was ship became ours by capture, she is rated as a sloop | this claim arises, was between vessels of equal read a second time, and the Senate proceeded to of war of eighteen guns, as was the Peacock. These size; but by an examination of the facts it will be consider it as in Committee of the Whole. are the facts. Under the law, it is perfectly clear, | found that the capture was made without much It enacts that the Secretary of the Interior be that that being the state of the case, the captors exercise on the part of our ship, and the captured | required to renew the pension heretofore allowed were entitled to all the money.

vessel was, in fact, inferior in size, inferior in men, and paid to Frances P. Gardner, the same to But I said that I would give the Senator from and inferior in its armament; so that the amount continue for five years, commencing January 1, Maine an explanation of how it happened that this which was received by the captors was the amount 1850. claim was not preferred for many years. I take to which they were fairly entitled, and was all The report of the committee was read, from pleasure in doing so; because the gallant officer to which they were entitled. If we, disregard- || which it appears that the petitioner is the widow and most excellent gentleman in whose name this ing the technical rules, look to whether the vessels of the late Captain George W. Gardner, of the application was made at the last Congress, and were of equal size, we shall find that the British United States Army, who was killed in the maswho is now no more, exhibited in relation to the || ship was inferior in metal, throwing, I think, sacre of Major Dade's command in Florida. She whole transaction an honorable delicacy and pro- something more than a hundred pounds less on a was left a widow in destitute circumstances, with priety of deportment that add additional value to broadside. It was inferior in men; the American two young children to support. Her father, Lieuthe character he earned by his integrity and gal- | ship containing nearly double the amount of ef- tenant Abraham Fowler, and her brother-in-law, lant service in the cause of his country. The ficient men. The prize was taken so easily that both died in their country's service, and her only same question was asked when this bill was be- there was hardly a contest. Not an individual was near relative—a brother—was at the date of the fore the Senate at the first session of the last Con- lost in the fight; I believe there were one or two petition on duty in Mexico. Thus situated, she gress, and I was unable to answer why the appli- | wounded. I apprehend that, at the time, the cap- asked for a continuance of a pension which was cation had been deferred. I was unable to an- tors were perfectly satisfied with the decree. I allowed her under the act of July 4, 1836. On swer, because that gentleman, during the whole think that, after so long a time, during which this May 20, 1850, a bill for her relief was reported to time this bill was in progress in the Senate, though || claim has been permitted to slumber, it is at least the Senate; and the committee have thought proper he knew I had taken charge of it, and reported it expedient that the Senate should pause before they to report a similar bill, and recommend its pasfrom the committee, and that upon some objec- || pass the bill. If I supposed that the claim had tions taken to it on its first coming up, it had been substantial merit, I should certainly concur with Mr. SMITH. A bill exactly corresponding postponed, and that I had waited ihree months the Senator from North Carolina, that lapse of with the one now before us passed the Senate at before I called it up for action, never came near me,

time is not a sufficient bar to it. Í submit these the last Congress. It was sent to the House of never opened his mouth to me upon the subject; || remarks, not from a desire of doing injustice to Representatives, and was not acted upon, I supand he was willing, I believe, to have lost every the service of the gallant officer who commanded pose, for want of time. It is exactly analogous penny, rather than place himself in the attitude the American ship at that time, but from a sense to the case of Mrs. Dade, a bill for whose relief of a man who would descend, by application to a of duty:

has already passed the Senate at the present sesmember of a committee, to obtain the successful Mr. BADGER. The honorable Senator from sion. Captain Gardner, who was a native of this prosecution of a claim however honorable and just. Maine occupies, upon this subject, precisely the || city, fell in what is called “ Dade's massacre," in But after the bill had passed the Senate, and when position usually taken by British writers, in depre- | Florida; Major Dade being the commander of the it was in the House of Representatives, I saw ciating the value of the victories gained by our detachment, and Captain Gardner the second in Commodore Warrington here one day, and took naval force over the British during the war of 1812. command. The circumstances of that massacre occasion to ask him how it happened that the How does the Senator undertake to know whether are too well known to the Senate to make it necesclaim had not been presented sooner. He gave these vessels were of equal force or not? The sary for me to advert to the particulars. Mrs. me the following statement: “I went in prosecu- Secretary of the Navy at that time thought they | Gardner is a native of my State. She transmitted tion of the cruise in which I was engaged when were of equal force. They were reported to the il her application to me, and I laid it before the



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