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course.

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

JANE IRWIN.

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

everything.

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

the
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.

W. STEVENS,

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

FRANCES P. GARDNER.

sage.

ment,

Senate. I wish, if necessary, to call the attention Mr. BRODHEAD. I hope the reading will be vacant land adjoining, to which nobody else sets of my honorable friend from Florida, who is ac- proceeded with.

up a claim, he asks, in order to complete his title, quainted with the case of Mrs. Dade, to this.

Mr. UNDERWOOD. I move that the bill be that he may be permitted to enter the whole, not Mr. BADGER. There is no objection to the laid over until Friday next. That case was be- exceding eight hundred acres, by preëmption bill.

fore the Committee of Claims some time ago, when right. There is a statement accompanying the reMr. SMITH. I do not know that there is any I was a member of the committee, and I believe port and petition, made by a number of his neighobjection to it. But my friend from Florida is an unfavorable report was made. I am not cer- bors living around him, confirming the facts as he acquainted with the case, if it is necessary to say tain about the matier, and I wish the bill laid over, states them in his petition. All he asks is the anything about it. so that I may look into the facts.

mere right of preëmption. Mr. MALLORY. I

presume there can be no Mr. BRODHEAD. I am informed that there He purchased these improvements for a valuobjection to the bill. It is very similar to the bill | is a decided opposition to the bill; it would, there- able consideration, when they were sold at probate passed for the relief of Mrs. Dade. Major Dade fore, be better io let it go over until the honorable sale; and I presume there can be no doubt of his fell in the massacre at the beginning of the Florida Sénator from Indiana, who reported it, is in his right to enter that much. Whether he shall be war. So did Captain Gardner. The case of Mrs. place.

allowed to enter, in addition, the small quantity of Gardner is eminently entitled to the consideration Mr. UNDERWOOD. My motion is to post- vacant land adjoining, which nobody claims, is a of the Senate. I can see no reason why a dis- pone the further consideration of the bill until matter for the Senate to decide. If I recollect tinction should be raised between the two cases. Friday next. I want to say now that this claim rightly, this bill passed the Senate at the last ses

The bill was reported to the Senate without relates to a matter which has once been paid for. sion. At any rate it was favorably reported upon. amendment, and ordered to be engrossed for a I understand that an allowance has been made, || The only difficulty in the way that I'know of, is third reading.

and the claim now is for an additional allowance. the objection which many entertain to an ordinary WILLIAM A. RICHMOND.

I think the claim was reported against some two transfer of preemption rights before they are seor three years ago.

cured. Bui this is not a case of that kind. This The Senate then proceeded, as in Committee of Mr. BRODHEAD. That is true. the Whole, to consider the bill for the relief of

is a case of the death of the parties who had the Mr. BAYARD. That is the fact.

preemption rights, and, according to the law of William A. Richmond, which was reported from

Mr. UNDERWOOD. Then I think the bill my State and the decisions of the supreme court e Committee on Indian Affairs with an amend- ought to be laid over.

of Louisiana, these rights, though not perfect, are The bill proposes to_authorize the proper ac

Mr. PRATT. The Senator from Kentucky considered a species of property. It is true, the counting officers of the Treasury to audit and setmade one observation, which I think demands a officer of the United States may object to carrying

them out in full on technical grounds, but they are tle the accounts of William A. Richmond, late reply. He says this claim has been paid. Now,

I can inform the honorable Senator that it has not very frequently sold at probate sales in the ordisuperintendent of Indian affairs at Detroit, Michigan, upon principles of equity and justice, and

been paid. One of the individual claimants has, Inary course of business in Louisiana. They certhat whatever sum or sums of money, if any, be

believe, been paid a sum of money, but not for tainly, according to our law, vest a right in the found due to him shall be paid out of any money what this bill provides.

party. The only opposition to allowing transfers in the Treasury not otherwise appropriated.

Mr. UNDERWOOD. I understand that this was for the purpose of preventing speculations. The amendment of the commitiee is to insert at bill provides for a resettlement of the accounts

This is not a case of that kind.. This is a case the end of the bill the words:

upon the testimony already filed, and such addi- where a man has lived on and cultivated the land. * Provided, That such sum of money shall not exceed tional testimony as may be hereafter presented.

He bought these rights in good faith, at probate $240."

That opens the whole matter, and embraces a re- sale, and the only objection to his not entering The amendment was agreed to. payment of that which has already been paid for, them by preemption right, is a technical one. All

he asks is preemption rights to these tracts. I can The bill was then reported to the Senate as either in whole or in part.

Mr. BAYARD. The former payment was for

conceive of no serious objection to the passage of amended, and the amendment was concurred in,

this bill. and the bill was ordered to be engrossed for a third personal property which was destroyed in 1814. reading. The bill now reported provides relief for the de

Mr. ATCHISON. I have no objection to the struction of the rope-walk and twine of these par- bill, provided it is properly guarded. I have my EXTENSION OF PATENTS. ties. My own opinions are adverse to this claim;

doubis as to whether a sale, under an order of the The PRESIDENT. The next bill on the Cal- and I shall state my reasons for those opinions probate court, of a preemption right, would be at endar is a bill to extend two patents of Zebulon whenever the bill comes up. I do not think we all valid—whether ii would transfer anything at Parker. ought to pass the bill.

all. Under the preemption laws, I believe, the On motion of Mr. JAMES, the consideration of Mr. PRATT. I think we had better decide representatives of the deceased may or may not the bill was postponed until Friday next.

this bill today. The honorable Senator who re- The preëmption right accrues to his repJOHN F. CALLAN. ported this biil, requested me to take his position

resentatives, to his administrators, or to his The bill for the relief of John F. Callan, admin- derstand it sufficiently, and I hope it will be acted in respect to it, and to explain it. I think I un. widow. Now, if their rights should be protected

in this bill by an amendment, I should have no istrator of Daniel Renner, deceased, was read a

upon to-day. If it is right, I hope it will be objection to it. As to the small fraction of land second time and considered as in Committee of the passed to-day. If it is wrong, I hope the Senate

adjoining these purchases, which the Senator men. Whole. It requires the Secretary of the Treasury will reject it to-day. We can just as well under

tions, I see no difficulty in the way of this man's to cause the claim of John F. Callan, administrator stand and decide it to-day as we can at any future entering it, whether he has or has not a preempof Daniel Renner, deceased, of the firm of Renner day. I hope, therefore, that we will act on it to- tion right, unless somebody else has a preemption & Heath—which claim arises from the alleged day, and settle it in some way. If the motion to

right to it. If there is no preëmption right to it; burning of a rope-walk and of seine twine therein, | postpone be rejected, the report can be read, and I in the District of Columbia, by the public enemy,

then he can enter, or any other citizen of the can explain the facts of the case, I think, so as to

United States can enter, that land by paying the in the month of August, 1814, belonging to said enable the Senate to act understandingly.

money for it at the land office. firm--to be audited and settled on principles of The motion to postpone was agreed to, there Suppose this bill shall pass, authorizing Mr. equity and justice, looking to the evidence here being, on a division, 19 ayes and 16 noes.

McManus to enter this quantity of land, not to totore produced before Congress or the Treasury

exceed eight hundred acres; and suppose the Department, or hereafter to be taken; provided that

T. H. MCMANUS.

representatives, or the widow, or whosoever unthe allowance so made shall in no case exceed the The bill to authorize T. H. McManus to enter der the preëmption law is entitled to enter the sum of $6,744.

by preëmption certain lands in the Greensburg dis- land, should go to the land office, make the neres, Mr. RUNTER. Is there a report in that case? trici, Louisiana, was read a second time and con- sary proofs, and present the money: there would The PRESIDENT. There is.

sidered as in Committee of the Whole. It provides be a difficulty. I see this difficulty in the way; Mr. HUNTER. I would like to hear it read. that T. H. McManus be authorized, under such but if the rights of these parties are guarded by an Mr. WADE. As I perceive that the Senator instructions as may be given by the Commissioner amendment, I shall have no objection to it. who takes charge of the bill is not in his seat, I of the General Land Office, to enter by preemption, Mr. DOWNS. There is a provision in the hill move to postpone the further consideration of the at the rate of $1 25 per acre, at the land office at in regard to the rights of other parties. If the bill until Friday next.

Greensburg, Louisiana, such quantity of public Senator will allow the bill to be read again, he Mr. PRATT. The Senator who reported the lands, not to exceed eight hundred acres, accord- will see that the rights of all the other parties are bill is absent, but he wished me to ask ihe Senate ing to legal subdivisions, as may embrace his sufficiently secured. to consider it to-day.

actual improvements in the parish of East Feli- The bill was read. Mr. WADE. Then I withdraw my motion. ciana, on the waters of the Black Creek, township Mr. ATCHISON. I have no objection to it.

Mr. BRODHEAD. I beg leave to make a sin- No.1, and range No. 3, provided that such entry Mr. FELCH. I would like to inquire what gle suggestion in connection with what was said shall not interfere with the valid rights of others, the difficulty is in the way of this person enjoying by the honorable Senator from Maryland. The and shall be made after the return to the aforesaid honorable Senator from Indiana, (Mr. Wut

the right now to buy the land at Government land office of an approved plat of said township. price? Can he not purchase it now at $1 25 per COMB,) who is absent on account of illness, re- Mr. DOWNS. I will state the facts of the case acre! quested that this case should go over in the event very briefly. Mr. McManus purchased at probate Mr. DOWNS. I do not know what the diffiof there being a serious opposition to it. If the sale, after the death of the parties who had settled culty is, but I can state several that may exist. honorable Senator from Virginia is decidedly of on this land, their right of preemption. He bought There are many restrictions and limitations in the opinion that the bill ought not to be passed, I the rights to two tracts. In addition to that there preemption laws. One is, that if a man owns think it would be better to lay it over. Perhaps is a small quantity of vacant land near him which certain quantity of land besides that for which he he will withdraw his opposition after hearing the he wishes to enter. Now, on these two purchases, claims a preëmption right, he cannot enjoy the report read, which was made by the gentleman | which, perhaps, under the restrictions of the pre- benefit of a preemption right. That may be the from Indiana.

emption laws, he cannot properly enter as a preThe PRESIDENT. The reading of the report || emption right, but of which he was a bona fide

case with this man, for he may own more than three hundred and twenty

acres besides

. That has been called for.

purchaser at a probate sale, and also a quantity of I would be one objection. There may be others.

enter.

case.

BILLS PASSED.

He may come within some of the other exceptions may be taken from him, and occupied by some- directing Harmony & Co., with their teams and made in the preëmption laws; and he asks that body else.

men, to fall in the rear, and all persons in their any exceptions of that kind may be dispensed It seems to me he presents a fair and reasonable employ to be enrolled in the army. This order with, and that he may be permitted to make his Our policy has been, that persons who go was observed until the army arrived at Chihuahua. entry. He has what is unusual —a statement of on the public lands, in good faith, for the purpose For thus executing the orders of the commanding a large number of his neighbors, some of the most of cultivating them, should have preemption rights. officer, Lieut. Col. D. D. Mitchell, after the termirespectable persons, Judge Scott among the num- I do not think I have seen a stronger case than nation of the war, being in the city of New York ber, in the neighborhood, confirming his state this. There can be no doubt as to the facts, that in the year 1849, an action of law was commenced menis, that nobody has any conflicting claim, there is no conflicting claim. Accompanying Mr. against him in the district court of the United that he has purchased two rights and a small frac-McManus's memorial, is a certificate from his States for the southern district of New York, for tion of vacant land adjoining, to all of which he neighbors, signed by Judge Scott among others, said seizure. He employed counsel to defend the wishes his title confirmed. He cannot enter the sustaining what he asserts in his memorial, and suit. They were aided by the district attorney of eight hundred acres under the preëmption laws, they state that they know no reason why he the United States for that district, under the inbecause they do not extend to more than one hun- | should not acquire a title by being allowed to en- structions of the Government. A judgment was dred and sixty acres, and there may be some diffi- ter his tracts by way of preemption. These are rendered against Mr. Mitchell for about $95,000. culty arising from the transfer, although it is an the facts of the case, and I do not think there is The Attorney General of the United States inveseveryday occurrence in our State. In Louisiana any necessity for postponing it.

tigated the case,

with the intention of taking it up they are recognized as property, and sold at pri- Mr. SHIẾLDS. I wish to ask the honorable to the Supreme Court, but finding no ground to vaté sale for what they are worth; and it may Senator from Louisiana a single question? Is there justify the proceeding, it was abandoned. Col. very well happen that though the original parties any plat or survey of the land where this claim is Mitchell being a citizen of the State of Missouri, holding the right of preëmption were not disquali- situated ? Is it ascertained at the Department, and having no property in the State of New York, fied to make the entry, yet the person who bought whether there is any other claim that can come in a copy of the record was sent to Missouri, and a in good faith, because he had more land, was pre- conflict with this? I do not understand that ere suit was instituted on the judgment obtained vented from making the entry.

is any plat of this land deposited in the General New York. This suit was defended by the disMr. FELCA. I observe by the reading of the Land Office.

trict attorney of the United States, under the inbill a second time, that this land is situated within Mr. DOWNS. I do not know of any conflict; structions of the Attorney General, and also by the Greensburg district of Louisiana. That is I do not know of any information before the com- able counsel employed by Col. Mitchell. The one of the districts in which there has been here-mittee on that subject. But I think there is no result was a judgment against him for upwards of tofore very great difficulty in regard to the survey conflict, because if there was a conflict, it would $102,000, under which his property is liable to of lands; and if I am not mistaken in my recol be likely to be known to his neighbors, and there sale and he to pecuniary ruin, for having honestly lection of the matter, there was an investigation was a statement accompanying the petition from and faithfully obeyed his superior officer, in time made some two or three sessions ago, and the a number of his neighbors, stating that they knew of war, in the country of a hostile nation. Under whole region of land in that district was with of no conflict and of no objection to his request. these circumstances, the committee were unanidrawn from sale; so that no person can enter land Mr. WALKER. For one, my opinion is that mously of opinion that the Government of the within that district under any circumstances, with this bill ought to be further considered. If I un- United States was bound to relieve Lieut. Col. or without preëmption rights. I may not be en- derstand it, it is nothing more nor less than this: Mitchell from said judgment. tirely accurate in this respect, but I think I am. The land can now be entered at private entry, and The bill was reported to the Senate, and was If that is so, the provisions of this bill would seem this is a proposition to extend the right of pre- ordered to be engrossed for a third reading. to be designed to enable the entry to be made in a emption to one individual beyond one hundred and region where entries cannot be made, with of with-sixty acres, up to the amount of eight hundred out a preëmption right; but if the land is open for acres. If the land cannot be entered at private The following bills were read a third time and sale in that district, then I do not see, from any-entry, then this is a proposition to take this indi- passed: thing which has been presented here, the difficulty | vidual case out of the operation of the law as it A bill for the relief of Jane Irwin; of this McManus now going without any pre- now exists, and to give him the right of entering A joint resolution to authorize the continuance emption, and making a purchase of the land. 'He his land when no other person in the neighborhood of the work upon the two wings of the Capitol; can purchase it if it is open to purchase. If it is has the same right.

A bill to confirm the claim of John Irvin to a not open to purchase, we ought to understand a Mr. DOWNS. If any other person in the certain tract of land on the Bastrop Claim; little better the circumstances connected with the neighborhood purchased from the original settler A bill for the relief of M. K. Warrington, and case than we do now before we pass this bill. I having a legal title, he would have the same right. C. St. John Chubb, executors of Captain Lewis move that the further consideration of the bill be It is because no other person is in the same situ- Warrington; postponed until Friday next. ation, that he asks this privilege.

A bill for the relief of Frances P. Gardner; and Mr. DOWNS. It is unnecessary to postpone Mr. SHIELDS. I would make a suggestion

A bill for the relief William A. Richmond. the bill, because the matter can be just as well un- to the Senator from Louisiana. After reading the The resolution to establish certain mail-routes derstood now as at any other time. There can report I am perfectly satisfied of the justness of was read a third time and passed. certainly be no such difficulty as is suggested by the claim; but I am also exceedingly anxious to the chairman of the Committee on Public Lands, | ascertain precisely what the claim is. There is

CLAIM FOR THE OCCUPATION OF KEY WEST. in regard to defective surveys. It is true that there nothing in the papers in the case to show whether The bill for the relief of John W. Simonton was hare been many defective surveys of the lands in or not eight hundred acres is the claim. Hence, read a second time and considered as in Committee that district, and there has been great trouble aris- | if we give him a right to enter eight hundred acres of the Whole. It provides that the proper accounting out of that. Perhaps that is the reason that it may interfere with the rights of others.

ing officers of the Treasury, under the direction of this person has not been able to enter these lands Mr. DOWNS. There is a provision in the bill, the Secretary of the Navy, audit and settle the before. It may be that the survey of that neigh- that this shall not interfere with the rights of claims of John W. Simonton and others, owners borhood has not been completed, and he has not others.

of the Island of Key West, in the State of Florida, been able to enter his lands; but the bill itself pre- Mr. SHIELDS. I hope the motion to postpone

on principles of justice and equity, on account of venis all difficulties of that kind, because it pro- | until next Friday will be agreed to, in order that its occupancy by the Government of the United vides that he shall have a right to make this entry we may inquire at the General Land Office, and States as a naval and military post during the only after a duly-authenticated survey shall have ascertain precisely what the claim is, what are its years 1823, '24, '25, and '26; that in settling it been made of this township and returned. There- || limits, what are its bounds, and whether any upon these principles they shall ascertain, as nearly fore he cannot enter the lands until the surveys are other claim can interfere with it. When that shall as practicable, the benefits and advantages which made. I would mention here that I understand have been satisfactorily ascertained, 1

suppose

accrued to the United States from the occupancy most of the errors in these surveys have been cor- there will be no objection to the bill. Certainly 1 of the Island, and also the injuries which resulted rected, so that the surveys are now pretty correct. shall have none.

to the owners, and to pay the same out of any I believe it is true that at one time sales were The motion to postpone was agreed to.

money not otherwise appropriated. stopped, and a great deal of money refunded; but

Mr. HALE. I am not going to say a word even if the lands are open to purchase, the party

against the bill, but I want to inquire whether, is not entitled to the benefit of preëmption right The bill for the relief of Lieut. Col. Mitchell, under that phraseology of paying money "on for more than one hundred and sixty acres, and of the State of Missouri, was read a second time, principles of justice and equity,” the Department this land is more than that.

and the Senate proceeded to consider it as in Com- will or will not pay interest! I understand that, He would not ask for a preëmption, if he could | mittee of the Whole. It provides that the Secre- under the same phraseology in other bulls, a very enter the lands. If he could do that he would not tary of the Treasury be authorized to pay off and large sum of money for interest has been paid; and ask-he would not need the interposition of Con- || satisfy the judgment obtained in the name of Man- as the Senate, by a vote the other day, indicated gress. The object is to enter the land before it is uel X. Harmony, against Lieut. Col. David D. that they would not pay interest on a claim clearly offered at public sale. This man has bought at Mitchell, in the circuit court for St. Louis county, due, I want to know whether they will pay inprobate sale, in the ordinary course of business, || in the State of Missouri, in the year 1851.

terest in this case ? iwo purchases; he has gone on them, and culti- The report of the Committee on Military Affairs Mr. MALLORY. All of the facts involved in vated them, and if we decide now, that he cannot was read. The facts of the case appear to be the bill are set forth in the report. I ask that the have a preëmption under such circumstances, we

these: David D. Mitchell was Lieutenant Colonel report may be read, as Senators may not be famildecide contrary to the spirit of the laws of the of the regiment of Missouri volunteers command- iar with the facts; and then I shall answer the SenaState in which he resides. By some of the decis- ed by Col. A. M. Doniphan, which regiment was tor's question. jons of the supreme court of Louisiana these in ordered to march on New Mexico. On the march The report was accordingly read. choate rights have been recognized. It is a very to Chihuahua, Lieut. Col. Mitchell received from Mr. HALE. I hope the Senator from Florida frequent thing there for these rights to be sold his superior officer, Col. Doniphan, an order which will consent to the postponement of this bill. As at probate sale. If you refuse to pass this bill he executed by issuing an order from the camp it stands now, in its present shape, I feel bound to now, his house, his land which he has cultivated, ll below El Paso, on the 10th of February, 1847, vote against it. I would like to have an oppor

COL. D. D. MITCHELL.

tunity of looking into the case. I hope it will be abolishing flogging in the Navy; and also for yesterday, there were pending, first, the motion of postponed.

abolishing the spirit ration in all naval ships and ihe gentleman from Tennessee (Mr. Jones) to Mr. MALLORY. I certainly did not expect to navy-yards; which were referred to the Commit- strike out all of the bill after the first section; sechear the slightest word of opposition to this bill. tee on Naval Affairs, and ordered to be printed. ond, the amendment of the gentleman from IndiIf there ever was a case presented to Congress de- On motion by Mr. JOHNSON, of Georgia, ana (Mr. Dunham) to strike out the second section, serving attention, it is this. This is a clear case leave was granted to withdraw from the files of and insert as a substitute the second section of the of the taking of private property for public use, the House the memorial of James Pitman, for the bill reported by the select committee; third, the without making any compensation therefor, but, purpose of having the claim prosecuted before the amendment of the gentleman from New York on the contrary, compensation has been withheld proper Department.

(Mr. SackETT) to strike out all after the word for over twenty years. The case has been twice

EXTENSION OF THE CAPITOL.

viseven," in the sixth line of the second section, before Congress, and favorable reports, almost

Mr. McNAIR, from the committee on the ex

and insert “on each land warrant of forty acres, identically the same in words, were made on both occasions. The occupation of the Island of Key olution. tension of the Capitol, asked leave to report a res

fifty cents; for each land warrant of eighty acres,

$1; and for each land warrant of one hundred and West, the declaration of martial law, the using

Mr. JONES, of Tennessee. If that is a report sixty acres, $2;" and fourth, the amendmentofthe of private property for public purposes, was the

from a committee, it may take up the entire day gentleman from. Pennsylvania (Mr. Allisox} ! means of accomplishing important ends which the with its discussion. I object to it, and move that

reduce one half the compensation proposed by the Government had in view at that time, viz: the the House resolve itself into Committee of the gentleman from New York, (Mr. SACKETT.) 'The suppression of piracy in the Gulf of Mexico. The Whole on the state of the Union, with a view of

first amendment pending is that of the gentleman Government fully accomplished its ends, while, at

from Pennsylvania, (Mr. Allison.) the same time, the objects of the owners of the taking up the bill for the assignability of land

Mr. SACKETT. I merely wish to say that warrants. property were entirely destroyed, and all the ben

Mr. McNAIR. It will not take up five minutes.

the amendment proposed by me reduces already efits resulting from the purchase were delayed for I ask that it may be read for information.

the compensation one half, and is so guarded as years and years; and now they come and ask that

It was read by the Clerk as follows:

to make the percentage equal on all classes of they may be remunerated for their property thus

warrants.

Resolved, That the committee appointed to examine into taken. They demand no interest. I answer that the firmness and stability, &c., of the foundations for the

The CHAIRMAN. No further discussion is question directly. They probably will receive extension of the Capitol, be authorized to send for per- in order. The question is on the amendment of none. They never expected any. And this bill sons and papers, and to examine witnesses under oath.

the gentleman from Pennsylvenia (Mr. Allisox] will fail to give them what they were actually out

Mr. McNAIR. I ask that the resolution may to the amendment. of pocket twenty years ago. The bill does not con- be put on its passage; and upon that question I ask Several MEMBERS. Read the amendment. template interest. It simply contemplates that the the previous question.

The CHAIRMAN. The amendment provides Department shall give them dollar för dollar what Mr. JONES. I have not withdrawn my objec- for reducing the compensation of registers and they were out of pocket at that time, and no more.

tion to the introduction of the resolution. 'I move receivers one half. The owners of the property who were delayed for that the rules be suspended, and that the House The question was then taken, and the amendyears and years in its enjoyment, have accumula- resolve itself into Committee of the Whole on the

ment to the amendment was not agreed to. ied testimony. They have had great trouble in state of the Union.

The question then recurred upon the amendment getting the testimony of officers of the Navy on Mr. HENN. I hope the House will resolve of the gentleman from New York, (Mr. Sackett, foreign stations, and in finding the persons who

itself into Committee of the Whole on the Private to strike out all after the word “ seven in the were on the Island at the time. They have now,

Calendar. That Calendar now getting full, and sixth line, and to insert “ on each land warrant after the lapse of years, been able to complete the it is very necessary that some of the bills should of forty acres, fifty cents; for each land warrant testimony." It is very clear there can be no doubt be disposed of.

of eighty acres, $1; and for each land warrant of about the case. The facts are set forth in detail The SPEAKER. There being a special order one hundred and sixty acres, $2." in the report which has been read. I trust there before the Committee of the Whole on the state of The question was then taken, and the amendwill be no opposition to it.

the Union, a motion that the House resolve itself ment was not agreed to. The bill does not, as I understand, justify the

into that committee will take precedence of a mo- The question then recurred upon the amendDepartment in paying interest. It certainly calls tion to go into Committee of the Whole on the ment of the gentleman from Indiana, (Mr. Dunfor none. On principles of justice and equity the Private Calendar.

HAM,) to strike out and insert, (as reported yesterloss of the property of these parties by the occu

Mr.JONES. At the suggestion of several gen- day;) and being put, the amendment was not pation of the Island, the stock that was killed, the

tlemen around me, I will withdraw my objection agreed to. interference with the sale of the property at the

to the resolution introduced by the gentleman from The question then recurred upon the amendment time, ought to be taken into consideration; but I || Pennsylvania.

of the gentleman from Tennessee, (Mr. Jones,) to do not think that interest will be allowed.

Mr. McNAIR. I now move to put the resolu- strike out all of the bill after the first section as Mr. HALE. I am sorry to have to oppose this tion upon its passage; and upon that motion I call amended. bill now, and perhaps I should not oppose it if it the previous question..

Mr. JONES, of Tennessee, demanded tellers. were laid over for a week. But after the history The previous question was seconded, and the Mr. CARTTER. Before that question is taken of the legislation of this Congress for the last few main question ordered to be put upon the passage I wish to offer an amendment. The fourth section years, I never will go for sending a claim for con- of the resolution.

of the bill was read as follows: sequential damages which is so great that the com- Mr. PENNIMAN demanded the yeas and

Sec. 4. And be it further enacted, That in all cases where mittee refrain from expressing an opinion, to one nays; but they were not ordered.

the militia or volunteers, or State troops of any Sinte of of the Executive officers with directions to settle The question was then taken, and the resolution Territory, were called into military service, and whose seiit on principles of justice and equity. was adopted.

vices have been paid by the United States, subsequent to

the 18th June, 1812, the officers and soldiers of such militia, That is my objection to this bill. If I am not ASSIGNABILITY OF LAND WARRANTS. volunteers or troops, shall be entitled to all the benefits of mistaken, these very instructions to settle upon Mr. HALL moved that the rules be suspended,

the act entitled "An act granting bounty land to certain principles of justice and equity were given in the bill

officers and soldiers who have been engaged in the military and that the House resolve itself into Committee for the settlement of the famous Galphin claim, on

service of the United States," approved September 2, of the Whole on the state of the Union.

1850, and shall receive lands for their services according to which $80,000 or $90,000 interest was allowed. Mr. STANTON, of Ohio. If that motion pre

the provisions of said act, pon proof of length of service as There is a precedent. If I am not mistaken, the vail, what will be the order of business?

therein required; and that ihe last proviso of the ninth secphraseology of the two bills is exactly the same. The SPEAKER. The bill for the assigna

tion of the act of the 11th of February, 1847, be, and the

same is hereby repealed: Provided, 'That nothing herein Now, if these gentlemen owning this real estate bility of land warrants will first come before the contained shall authorize bounty land to those who have have been injured, no matter how great may be committee, that being the special oriler.

heretofore received or become entitled to the same. the amount, I am for paying what they have suf- Mr. STANTON. Can we not go into Com- I propose to insert after the word “hifty," in the fered, if it is a million of dollars. But I am un- mittee of the Whole on the Private Calendar? I eleventh line of the fourth section, as follows: willing to turn away from Congress claimants who thought this was private bill day. come here with claims for consequential, remote,

And such other persons as may have performed volun

The SPEAKER, It will be in order for the tary military service in defending their homes on the fronunliquidated damages, and turning the matter over gentleman to make that motion; but the motion to tier ot' ihe Republic against Indian invasion. to the Department to settle their claims “

upon go into Committee of the Whole on the state of principles of justice and equity,” without giving the Union on the special order, will take prece

Mr. STEPHENS, of Georgia. Do I underThe accounting officers some directions, some qual- || dence.

stand the gentleman to offer an amendment to the

fourth section. ifications, some limitations upon which they are to The question was then taken on the motion to Mr. CARTTER. Yes, sir, I do. settle them. It is this loose way of doing business go into committee; and on a division there were- Mr. STEPHENS. Is the fourth section now to which I object. I hope the Senator will consent ayes 82, noes 18--no quorum voting.

under consideration? to let this bill lie over for a week. Then we may Mr. CLINGMAN called for tellers; which were The CHAIRMAN. The Chair supposes that possibly be able to understand it better.

ordered; and Messrs. STANTON, of Tennessee, and After a few words of conversation on this sug- | Fowler were appointed.

all the remaining sections are under consideration

in consequence of the motion made to strike out gestion, the Senate adjourned.

The question was then taken, and the tellers re- all those sections. ported—ayes 98, noes not counted.

Mr. STEPHENS. How, then, will it be if a HOUSE OF REPRESENTATIVES. So the motion prevailed.

motion is hereafter made to amend the third sec: Friday, February 6, 1852.

The House accordingly resolved itself into the tion? Can we go back to it?

Committee of the Whole House on the state of the The House met at twelve oʻtlock, m. Prayer | Union, upon the special orders, (Mr. Olds in the the motion to strike out all after the first secting

The CHAIRMAN. The Chair supposes that by the Rev. L. F. Morgan.

chair.) The Journalof yesterday was read and approved.

brings up the consideration of all the remaining

Thé CHAIRMAN. The business before the sections, and Mr. THURSTON, by unanimous consent, pre- committee is the special order, being Senate bill sented joint resolutions from the Legislature of | No. 146, making land warrants assignable, and for

Mr. CARTTER. With the permission of the Rhode Island in favor of the retention of the act

Chair, I will suggest to the gentleman from Georother purposes. When the committee rose on gia (Mr. STEPHENS) that the motion to strike out

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