32D CONGRESS, 1ST SESSION.

Mr. MASON. I am opposed to the amendment of the gentleman from Mississippi, because I am opposed to all amendments and in favor of passing nothing except the first section of the bill. I am disposed to act in such a way as will secure the speedy passage of the bill. If the gentleman from Illinois [Mr. BISSELL] is thoroughly advised and authorized by the Senate, or any members of the Senate who have sufficient influence to defeat the passage of this bill, to say that it will be defeated if the amendment of the gentleman from Tennessee [Mr. JONES] prevails, I should like to know who those members are. It is charged that there has been a combination in the Senate that has for the last two years defeated this measure, and prevented the warrants from being made assignable.

Mr. JONES, of Tennessee. I rise to a question of order. In the first place, the action of the Senate is not a legitimate subject for this House to inquire into.

The CHAIRMAN. The Chair thinks the point of order a good one. The gentleman has no right to impugn the motives of the Senate.

Mr. MASON. I have no disposition to violate

the rules of the House.

Mr. BISSELL. Will the gentleman from Kentucky allow me to answer his interrogatory?

Mr. MASON. I shall be glad to hear it answered.

Mr. BISSELL. The gentleman asks me whether I am authorized by the Senate to say that this bill cannot pass that House without the provision for the compensation of registers and receivers.

Mr. HOUSTON, (interrupting.) I rise to a point of order, although I am sorry to interrupt the gentleman.

Mr. BISSELL. I am surprised that the gentleman from Kentucky should ask me that question

Mr. HOUSTON. I dislike very much to interrupt the gentleman, but this mode of debate has gone so far that it seems to me it ought to be stopped. It is a reference to the Senate with a view to affect the legislation of the House, and that I understand to be against the rules of the House, as it certainly is against the universal practice. I did not say anything when this kind of debate was indulged in yesterday, but I think it has gone too far.

The CHAIRMAN. The Chair supposes that a gentleman offering an amendment must speak to that amendment, and then one gentleman may speak in opposition to it, but the rule confines them strictly to the merits or demerits of the particular amendment. The Chair has been waiting for some time for some gentleman to raise that point.

Mr. HOUSTON. I do not raise that point. My point of order is, that it is out of order to refer to what the Senate may do upon the matter on which we are acting.

The CHAIRMAN. The Chair has so ruled. Mr. BISSELL. I should like to be permitted to answer the gentleman's question.

Mr. MASON. I should like the gentleman to answer it. I should like to know who it is in the Senate that have made a combination to defeat this bill unless the receivers come in for their share. It may be that some of these land receivers may have a very potent influence in the Baltimore or Philadelphia conventions, but then the soldiers and their friends are just as potent in confirming the nominations of those conventions. There has been long enough delay already in the passage of this bill. I approve of the provisions offered by my colleague, [Mr. MARSHALL,] and by various other gentlemen, to extend the bounty land law. I shall be willing, at the proper time and in the proper bill, to vote to extend that law to the adult heirs of all deceased soldiers, because I believe that the heirs of those who have fallen in battle are just as much entitled to bounty lands as those soldiers who were so fortunate as to escape unhurt. But I agree with the gentleman from Mississippi, that we ought now to pass the first section of this bill, to make these warrants assignable. If it is defeated in the Senate, let the

WEDNESDAY, FEBRUARY 11, 1852.

responsibility rest upon those Senators who have made a combination to defeat it. I want to smoke out the combination to defeat this bill.

[Here the hammer fell.]

The question was then taken on Mr. WILCOX's amendment, and it was not agreed to.

Mr. WEIGHTMAN moved to insert after the word "troops," in line seven of section four, the words:

And the commissioned officers, non-commissioned officers, and privates of the company commanded by Captain St. Vrain, which served in New Mexico in the year 1847, against the enemies of the United States, and whose services have not been paid for by the Government of the United States.

Mr. W. said: The object of that amendment is to include the officers, non-commissioned officers, and privates of the company commanded by Captain St. Vrain, which has never been paid by the Government of the United States. That whole company, with perhaps a few exceptions, served under the command of Colonel Sterling Price, for a period of one month; they subjected themselves to discipline in every way, as if they had been regularly mustered into service-indeed I am not prepared to say that they were not mustered into service. During the month for which they served they were engaged in three battles-the battles of La Cañada, La Embuda, and Pueblo de Taosthe latter particularly a very hard-fought battle. They never received any compensation whatever from the Government of the United States, and I hope they will be included in this bill.

NEW SERIES....No. 32.

line, after the word "paid," the words," or which shall hereafter be paid;" so as to provide that the troops, militia, or volunteers, or State troops of any State or Territory, whose services have been paid, or which shall be hereafter paid by the United States, shall be entited to all the benefits of the act of 1850.

Mr. Chairman, it has been stated here that there are about one hundred registers and receivers who will be recipients under this bill, if passed in its present shape. That is an exaggerated statement of the number by about one third, or more. But suppose it to be one hundred, I call the attention of the members of this committee to the consequence of passing this bill in its present shape. If we pass it without providing for their compensation, we shall have, at different times, at least one hundred applications to Congress from these registers and receivers for extra compensation, and we shall spend more money and more time in legislating upon these different bills during the next five years-for the applications will certainly be presented here-than four times the amount which is required to be appropriated for their payment. It cannot be otherwise. These men cannot fail to know that they have an honest claim upon the Government. Some of them have spent three years of their lives in the employment of the Government in loeating these lands; for which they have not received, I repeat again and again, $200 a year above the necessary clerk-hire. Now, will it not be as I have stated? Will not these

orphan children, come up here to Congress year after year, session after session, and clamor for their compensation, unless we make provision in this bill for that compensation?

Mr. JONES, of Tennessee. I call the gentleman to order. We have already passed that section of the bill relating to the compensation of registers and receivers, and it is not in order for the gentleman from Illinois to discuss it now.

Mr. SKELTON. I rise for the purpose of ap-men, their widows, their representatives, or their pealing to the House to expedite the passage of this bill, for the parties who are to be benefited by it are, many of them, really suffering for the want of some such provision as it contains. I think it is the duty of the House to pass the bill as speedily as possible, and I am opposed to all amendments that delay our action upon it. I should like to see the bill amended by striking out all but the first two sections. Those two sections are all that the soldiers ask for. One of those sections proposes to make the land warrants transferable, and the other to give compensation in future to the receivers and registers for locating those warrants. Those two sections belong legitimately together, but the other sections are separate and distinct propositions, and should be stricken out of this bill. I believe that by striking out all but those first two sections, we shall facilitate the action of the House and give the bill such a shape as will meet the views of a majority of the members on this floor.

Gentlemen from all parts of the country agree that the soldiers for whose benefit these land warrants were issued, are extremely anxious that the warrants should be made transferable. There is no question about the propriety of making them so, and hence I think that it is clearly our duty so to act as to secure the speedy passage of a bill to effect that object.

The time consumed in talking on this subject and offering amendments to the bill may not be of much consequence to us, but it is of consequence to the men for whose benefit this action of the House is demanded. Whilst we are talking they are starving. Many of them are in destitute circumstances, and some of them are almost in a state of starvation; and I therefore ask the House to pass the first two sections without further delay, and leave the other features of the bill for future action.

Mr. WEIGHTMAN. I wish to say a single word upon this amendment before the question is taken.

[Cries of "Order!" "Order!"]

The CHAIRMAN. No further discussion is in order.

The question was then taken upon the amendment to the amendment, and it was not agreed to. [A message was here received from the Senate, by the hands of ASBURY DICKINS, their Secretary, announcing that they had passed a bill for the establishment of certain post routes.]

Mr. BISSELL. I propose an amendment to the fourth section, I propose to insert in the fourth

Mr. BISSELL. I was giving a reason why the amendment which I proposed should be adopted.

Mr. JONES. I insist on my point of order.

Mr. BISSELL. My remarks are perfectly in order. If the amendment which I have proposed be adopted, it will make the bill acceptable, and it will then, I believe, pass the House.

Mr. JONES. Mr. Chairman, I rise to a question of order. I insist that my point of order shall be decided.

The CHAIRMAN. The gentleman from Illinois, [Mr. BISSELL,] proposed an amendment with regard to the payment of troops, and he is making a speech with regard to the payment of receivers. The Chair thinks that the gentleman's remarks are not relevant to his amendment.

Mr. BISSELL. I offer these remarks as a reason why my amendment should be adopted.

The CHAIRMAN. The gentleman must confine himself to his amendment. The Chair will remark again, that he shall feel it his duty to confine the remarks of gentlemen speaking in favor of an amendment to a mere statement of their reasons why it should be adopted; and those opposed to it, to a statement of the reasons why it should not be adopted.

Mr. BISSELL. Well, if the amendment which I have proposed be adopted, I think the bill can obtain a majority of the votes of the House. I think it ought to obtain a majority of our votes; I think it ought to pass for the reasons which I have given. If it do not pass, we shall hereafter necessarily expend more money and more time in legislating upon this subject, which we are now discussing, than four times the $100,000 which it is proposed to be appropriated for the compensation of these officers.

[Here the hammer fell. do not know that it

Mr. SWEETSER.

would become me to express the surprise I feel at the train of argument which has been indulged in by the honorable gentleman from Illinois, [Mr. BISSELL.] But I rise for the purpose of appealing to this committee, to every intelligent and patriotic

gentleman here, to know if they are prepared to listen with any favor to such a strain of remark as has been indulged in by the gentleman from Illinois? As was remarked on yesterday, the gentle- ' men who have advocated the various propositions in relation to the payment of registers and receivers of the different land offices, have presented nothing but discord from the beginning of the session down to the present moment. There has been noconcert of action or sentiment among them. But, on yesterday, when the gentleman from Illinois [Mr. BISSELL] was understood to offer a threat, that unless these measures were ingrafted upon the bill making land warrants assignable, that it would fail to pass the House, and when that point was made by the gentleman from Georgia, [Mr. STEPHENS,] I thought that would be the end of such a course of argument. But now the gentleman from Illinois offers another amendment, and on it repeats his demonstrations of yesterday. After all the propositions for the payment of these registers and receivers have met with no favor here, for the purpose of still further enforcing the argument, he tells this House and the country that, after this demonstration, unless we ingraft this proposition upon the bill, the bill will not only be defeated, but that Congress will be burdened, now and for all time to come, with these various applications of registers and receivers for compensation. Now I beg gentlemen to reflect on this course of argument. Are the American Congress to be told here, that if they will not tack upon a bill all sorts of irrelevant propositions and those which have not sufficient merit in them to meet the approbation of a majority of this body-that unless we do that, the men who have these propositions will urge them to such an extent that they will become

after. I should be glad to accomplish more, but think it best to secure what we can.

I am for the most liberal legislation in favor of those who have done service for the country, not only from inclination, but as a matter of policy. The public lands are to be disposed of, and I have my choice among donees. I prefer the claims of the man who has periled himself in our service, I care not who he is. I am for the marine, as well as the soldier, for well I remember when your Capitol was to be defended, the only spot upon the battle-field where the eye of an American could rest without shame, was defended by seamen. But while we struggle for things now unattainable, we may lose that which is within our reach. The question was then taken upon Mr. SAVAGE's amendment to the amendment, and it was not agreed to.

Mr. DUNHAM. I feel it my duty to offer for the consideration of the committee, one amendment more, which, I think, is very meritorious. It is to strike out the third section, and insert the amendment which I send to the Speaker's table.

Mr. JONES, of Tennessee. I rise to a question of order. We have passed the third section, and

The CHAIRMAN. That amendment is not in order at this time.

Mr. DUNHAM. Then I propose to add to the fourth section of the bill, the following amend

ment:

And be it further enacted, That in computing the term of service the officers and soldiers of militia, volunteers, and rangers, for the purposes of this act, or of the act of which this act is explanatory, such term shall be computed from the time they were mustered into the service of and paid by the United States at the time they were discharged therefrom: Provided,That this section shall not extend to the cases provided for by the provisos to the first section, and by the

of land entered at the offices. As a matter of course, they get their percentage. One duty for them is to examine the quarterly returns once in three months, and put their signatures upon them. Another duty is to sit upon the Board where there is a conflict as to preemption right. For instance, here is a person who claims a preemption right, and another individual desires to locate it with a land warrant. A board is organized to decide whether the claimant is entitled to a preemption right or not. The receiver constitutes one of that Board, and such a case does not probably occur in one out of six thousand locations. A man does not want to enter a section of land with a warrant when he sees that in doing so there will be a controversy between him and a preemption claimant as to the title. The letter which I received from the Commissioner of the General Land Office, I will send to the table, that every member may see that I was warranted in the statement I made yesterday.

The letter is as follows:

GENERAL LAND OFFICE, January 15, 1852. SIR: In reply to your inquiry as to the duties performed by receivers in locating military bounty land warrants, I have the honor to state, that the only labor required of these officers is the following: To receive the money and issue a receipt for the excess of land located beyond that called for by the warrant: To examine the warrant located, with the register's return thereof at the close of each month, so as to be enabled to join the register in the certificate as to the correctness of the return; and to set with him as a portion of the Board to examine and adjudicate upon testimony submitted when the location made by the holder of a warrant is contested by another upon the ground of its embracing his actual settlement and cultivation without his consent.

With great respect, your obedient servant,
J. BUTTERFIELD, Commissioner.
Hon. C. L. DUNHAM, House of Representatives.

Mr. BRENTON. I suppose my colleague

to such an extent they will break down all opposition? Sir, such appeals as these, in my judg ment, ought not to be made to this House. It seems to me that this question has been carried to a point of desperation upon the part of these gentlemen. Now I call upon gentlemen who desire to see this bill pass, to fall back upon the provision which seemed to meet the wishes of a majority of the committee on yesterday-simply to make land warrants assignable. Beyond that point gentlemen cannot agree upon the various propositions presented, and beyond that point I believe the majority of the committee are determined not to go. There is a disposition in Congress-both in this and in the other end of the Capitol-to pass a measure so meritorious as this. But I believe any proposition, beyond that of merely making the warrants assignable, will not meet a general concurrence. Upon that point I take my position, and turn my back upon all propositions to go further. I assert my right, and I mean to maintain it. I will not be driven from my position, and I hope the committee will not be driven from its position. If gentlemen intend still to come forward with these various propositions, I tell them to beware how they attempt to force their conclusions upon this committee or upon the country. {Here the hammer fell.]

The question was then taken upon Mr. BISSELL'S amendment to the amendment, and it was not agreed to.

Mr. SAVAGE. I have an amendment to offer. I move the following, to come in at the end of the fourth section:

That the officers, non-commissioned officers, and privates of the Marine Corps, engaged in the service of the United States in the late war with Mexico, on the line of operations between the city of Vera Cruz and the city of Mexico, and in case of death, then the widow and heirs at

law be allowed the benefits of an act, approved the 28th of September, 1850, entitled "An act granting bounty land to certain officers and soldiers, who have been engaged in the military service of the United States."

Mr. S. said: I offer the amendment for the purpose of saying, that the bill now before us would not effect all the good that might be accomplished, yet it demanded our action, and would secure much that the constituents of many gentlemen were pressing upon them.

Its friends propose to make the warrants assignable, and provide for their location, and this puts the matter in the same condition as when it passed this House at the first session of the last Congress. I will vote for the bill in this shape, because it meets the necessity of the present moment, and does not prevent a more extended legislation here

1850, entitled "An act granting bounty land to certain offcers and soldiers who have been engaged in the military service of the United States."

Mr. D. said: I presume, from the indications this morning, that the motion of the gentleman from Tennessee [Mr. JONES] to strike out all except the first section is to prevail. But I desire to offer this amendment, for I have no doubt that if it is properly understood by the committee, and if the bill is to pass at all, they will be perfectly willIt is to ing that this amendment shall go with it. provide for those troops which were engaged in the Black Hawk war. There were many companies of rangers called out for that service. They served in the war until peace was concluded some two or three months. They had enlisted, however, as rangers for twelve months. After peace was concluded, they were occupied in active service upon the frontier, for the whole twelve months for which they enlisted. The construction of the Department, as put upon the act of 1850, which is, that soldiers are only entitled to receive bounty land for the time the war actually existed, cuts them off with forty acres of land, whereas a proper interpretation of the act would give them one hundred and sixty. The intention of the amendment I have offered is, to enable these men to receive one hundred and sixty acres of land for their whole which was of the most arduous and laborious chartwelve months' service which they rendered, and acter. It was not only laborious, but it was a service for which they were inadequately compensated. They received certain monthly wages, but out of that they had to provide provender for their own horses, for it must be remembered that they were all mounted troops. It took nearly the whole of those wages to pay the expenses they were obliged to pay in order to support themselves and their horses. They received, then, comparatively nothing for their services, and they are turned off, under the construction of the law by the Department, with only forty acres of land, notwithstanding they performed twelve months arduous services.

While I am up, I wish to call the attention of the committee to a matter which passed between my colleague and myself on yesterday. It is the letter I referred to as having been received from the Commissioner of the Land Office. I stated that the letter showed that the receivers of the land offices performed comparatively no labor in the location of these warrants. That letter does

show that fact. It shows that they receive any money that is paid into the land offices, and it is their obvious duty to receive and take charge of all the moneys which may be made as overplus between the amount of land warrants and the amount

but to my friend over the way, [Mr. FITCH,] as l have not called the attention of the committee to the duties of the receivers of land offices. I wish simply to state, in a very few words, that a part of the statement professing to have come from the Commissioner of the General Land Office, in reference to the duties of the receiver in locating bounty land warrants, is correct. But it does not cover the whole case, and I presurne that had the proper question been propounded by the gentleman, in his search after knowledge to the Commissioner of the General Land Office, that he would have obI understand the tained all the facts in the case. gentleman to state, that the letter shows that the duty of the receiver, so far as he is connected with the location of land warrants is concerned, is simply to sign his name to the monthly abstract, annothing more. Now, I undertake to say, and the Commissioner of the General Land Office will not dare to contradict me in reference to it, that in the case of every land warrant located, the receiver has to inspect it, and sign his name upon the face of it three distinct and different times, and if such a warrant is not returned here to the Commissioner, with the three distinct signatures upon it by the receiver, it will be returned to be amended. He has to sign it at the time of the application; he has to sign it when it is received to certify that this location is correct, and lastly, he has to sign it by certifying at the bottom thereof that the location is according to law. In addition to this, at the end of every month the receiver visits the register's office, and the warrants are taken up one at a time, and compared with the monthly abstract, the Tract Book and with the plats, in order to ascertain that the location does not interfere with any location before made. These are the duties of the receiver. It is also made a part of his duty to join with the register in certifying that the examination has been made, and that the locations are made in accordance with the provisions of the law. I make these statements in regard to the duties of receivers of land offices, knowing that the Commissioner of the General Land Office will not controvert them.

Mr. DUNHAM. The gentleman makes the remark, that if I had made the proper inquiry of the Commissioner, he would have given me a different answer. I have only to say that my inquiry was made in person of the Commissioner as to what were the duties performed by the receivers in the land offices. That letter which I have sent to the table is the answer I received.

Mr. BRENTON. If the gentleman had called upon him to furnish a located land warrant he would have seen upon the paper itself the very

facts which I have stated, and the Commissioner will not controvert them.

The question was then taken on the amendment of Mr. DUNHAM; and it was not agreed to.

Mr. CLARK. I presume it will be in order to move to strike out all after the third section of the bill?

The CHAIRMAN. It will be in order.

Mr. CLARK. I propose, then, as an amendment, to strike out all after the third section. I wish to utter but a word or two upon this subject; but I will state that I make this proposition in good faith. I think it is worthy the serious and favorable consideration of the House. It is manifest that there is a great variety of views arising upon the different provisions of the bill. It is manifest that there is a majority in favor of the first section of the bill, which provides for making land warrants assignable. It is doubtful whether there is a majority in favor of paying registers and receivers, and still more doubtful whether there is a majority in favor of issuing a new class of land warrants. Now, I ask gentlemen of the committee if we cannot compromise upon the three first sections of this bill-that is, upon the sections providing for making land warrants assignable, for paying registers and receivers for past services and for future services?

I have no thought myself of being generous before I am just. As between man and man, let us dispense justice, and let grace come afterwards. What is the original granting of bounty land warrants but a mere gratuity? It is that, and nothing else. But to that I do not object. It is another gratuity to make them assignable, because you add facilities thereby to enable those to whom you have extended the favor of the Government to obtain still greater favors. To this, by itself, I have no objection. But I do object, and I think justly, to a course of legislation which, with one hand, grants gratuities to one class of citizens, and at the same time imposes corresponding burdens upon others. Have you a right to dispense bounty land warrants, as you have done, and in the very act compel your employees to perform a larger amount of services, without any reasonable compensation whatever? Is that just and right? Does it commend itself to the good consciences of gentlemen here? I cannot see upon what principle it does, nor upon what principle it appeals either to the good judgment or the good feelings of gentlemen. Now, if you have required a certain class of your employees to perform a large amount of labor, why not pay them? It was said by the gentleman over the way, [Mr. JOHN W. HOWE,] yesterday, that if registers and receivers are not satisfied with the compensation which they are receiving, let them resign. I ask, were they under any obligation to suppose that such an argument would be urged against them, or to conclude that the Government would not do them justice? Why, let me say that the various committees of this House are employed every day in canvassing the claims of those who suppose that they have daims upon the Government, and deciding as to whether they shall not make such claimants whole, and grant them compensation for services rendered. Now, if gentlemen can tell me that these men were under obligations to have believed that this Government would refuse to make them compensation, then there would have been force in the remark which has been made by the gentleman from Pennsylvania, [Mr. JoHN W. HOWE,] and by other gentlemen.

[Here the Chairman's hammer fell.]

Mr. GOODENOW. If I rightly understand the proposition of the honorable member from lowa, it is to strike out the last two sections, the fourth and fifth, leaving only the first three sections. To this proposition I am opposed, as it is the only part of the bill which will enable any portion of the citizens of my State to receive any benefit from it. I am persuaded there exists a very general desire throughout the country that land warrants may be made assignable. I was inclined to the opinion that the bill from the Senate ought to receive the concurrence of the House, and I was disposed to vote in favor of it, but when I observe gentlemen from various portions of the country proposing so many amendments, and differing so widely as to their justice and propriety, I have come to the conclusion that the best way is to pass the Senate bill without amendment; if that cannot be done, then to strike out all but this first section,

which alone seems to meet with general acceptance.

If this general scramble to obtain the lands of the United States is to continue, and be successful, it is no more than fair and right that the Northern and Eastern States shall come in for a share; and if there is any portion of this bill which will extend a benefit to any portion of the citizens of my State, I am most assuredly opposed to striking that part oul. It is my desire that we may come speedily to a vote upon the proposition of the gentleman from Tennessee, [Mr. JONES,] to strike out all but

the first section of the Senate bill.

The question was then taken upon the amendment of the gentleman from Iowa, [Mr. CLARK,] and it was disagreed to.

Mr. FITCH. I offer the following amendment, to come in at the end of the fourth section of the bill:

Except so far as to give them any additional amount of land, to which the services provided for in this section may entitle them; the aggregate of land in no one case to exceed one hundred and eighty acres.

You will perceive the proviso to this section provides that nothing herein contained shall authorize bounty land to those who have heretofore received or become entitled to the same. Under a construction of the previous law, I believe by the Commissioner of Pensions, or perhaps the Secretary of the Interior, a person having served at two or more different times is permitted to select the longer period of service upon which to receive his warrant, or the Commissioner puts two or more of these terms together and issues to him a warrant to which the aggregate time would entitle him. Those provided for by the section could not be recipients in the manner indicated under this construction, for if they served previously and received forty acres, and were entitled under this section to forty additional acres, they could not obtain it, and the object of my amendment is simply to permit them to obtain that number of acres which the aggregate time of their services would allow them.

manner of selling lands, thus depriving them of that compensation which they had every right to expect. It was asked by the gentleman from Kentucky, [Mr. MASON,] why, when they became aware that they were not receiving compensation enough, they did not resign? Before they were aware of the effect of these bounty land bills upon their compensation, they had rendered service to a large amount; and they held on to the office in the expectation, which I fear is likely to be a vain one, that the Government would do them justice would compensate them for the services they have honestly rendered.

Mr. JOHNSON, of Arkansas. I have not engaged heretofore in the discussion of this bill, and I only wish now to call the attention of the committee to a single matter of fact, which is in opposition to the amendment only in this respect: that it is no use for us to support any other amendment which may be offered here. We may as well take this bill as it is. A motion is either pending, or very shortly to be made, upon the decision of which, the bill goes one way or the other. Those who are opposed to the bill have ceased, since we passed the first section, to offer amendments, and I would suggest to the friends of the measure to let the vote be had now upon the motion. It is hardly worth while for them to delay it. The crisis of the bill must come upon one motion, and that is the motion to strike out all of the bill after the first section. For my own part, I am extremely anxious that the Senate bill shall pass as it has come to us. There is no use in the friends of the measure consuming further time in delaying the vote upon the motion to strike out. There is no use of offering amendments when we know they cannot be carried, whether reasonable or unreasonable. I hope we may have a vote on the bill, and that it may be disposed of.

The question was taken upon the amendment of Mr. FITCH, and it was rejected.

The question recurred upon the amendment of Mr. JONES, of Tennessee, to strike out all of the bill after the first section.

Mr. FOWLER demanded teller; which were ordered, and Messrs. FowLER and CARTTER were appointed.

The question was then taken, and decided in the affirmative, the tellers having reported-ayes 106, noes 38.

Mr. JONES, of Tennessee, moved that the committee rise, and report the bill and amendments to the House.

Mr. BARRERE. I wish to offer an amendment to the bill.

The CHAIRMAN. The Chair supposes it is not in order, the committee having stricken out all after the first section.

Mr. BARRERE. I wish to add a new section to the bill.

I am sorry to be compelled again to allude to my colleague, [Mr. DUNHAM,] because he thinks I did not do it yesterday in that spirit of courtesy which should be extended from one to the other of the members of the House. But I presume the exceptions taken by him to-day, to the statement in relation to the letter of the Commissioner of the General Land Office by myself, were intended to apply to me. I did state, on yesterday, and I should not hesitate much to repeat it now, that the letter which he produced here in support of his statement that receivers did nothing, or little short of nothing in the location of bounty land warrants, was not sustained by the letter itself. That letter did not go into details of the service rendered by the receiver. I then had a letter, which is now in the possession of the gentleman from Illinois, [Mr. CAMPBELL,] from the Commissioner of the General Land Office, which states that the duties of the register and receiver are almost identical, and that they are nearly or quite quadruple the duties of the same officers when the sales of land are for cash. I profess to be willing to compensate registers and receivers for past and prospective service in locating these bounty land warrants, but the provision for their compensation in this bill is objected to. This objection, I apprehend, is a mere subterfuge, and come up in what shape it would, the proposition for compensating these men would be met with objections ing, that the warrant to which he would if living be so on the part of certain gentlemen. If they are willing to compensate them, why not do it now, in connection with a matter pertaining to bounty land warrants?

A word, sir, as to the combination here, and in the other end of the Capitol, to connect the provision for the compensation of registers and receivers with this bill, which prevails so largely in the imagination of some gentlemen upon the floor, and I expect it exists nowhere else than in their imagination. No such combinations exist to my knowledge, and I believe it has no existence outside their prolific brains. But if it does exist, it is a combination of the friends of a class of United States officers who have been legally robbed, they having accepted office under a law which has been since changed, having accepted office from the Government with the expectation of receiving the fees to which they were entitled by law, and of which they were subsequently deprived by the action of that very Government, in changing the

The CHAIRMAN. That will be in order. Mr. SWEETSER. I rise to a point of order. We have amended the first section, and passed upon it.

The CHAIRMAN. This is proposed as an additional section.

Mr. BARRERE. I offer the following as an additional section:

SEC. And be it further enacted, That if any officer or soldier, who would, if living, be entitled to bounty land under the several acts to which this act is an amendment, has died since the rendition of the services by which he would be so entitled, and who has left no widow now liv

entitled, shall issue first to his heirs at law ina descending line, if he shall have left any such heirs; and if he shall have left no such heirs who still survive, that such warrant shall issue to the father of such officer or soldier, or if the father be dead, then that the same shall issue to the mother of such officer or soldier. And if the mother be dead, in the last place, that such warrant shall issue to the brothers and sisters of such officer or soldier, if any still survive.

Mr. JONES, of Tennessee. I make a point of order upon that amendment. The bill as now amended authorizes the sale and transfer by assignment of land warrants. The effect of the gentleman's motion is to bring new matter into the bill. All that part relating to the amendment now proposed, having been stricken out, I think it is not in order.

The CHAIRMAN. The Chair holds the amendment to be in order.

Mr. JONES, of Tennessee. My point of order is, that it is not germane.

The CHAIRMAN. The Chair overrules the point of order.

Mr. BARRERE. I think it is perfectly ger

mane.

Mr. MASON. I take an appeal from the decision of the Chair.

The CHAIRMAN. The Chair decides, that the amendment of the gentleman from Ohio [Mr. BARRERE] is in order. From that decision the gentleman from Kentucky [Mr. MASON] takes an appeal. The question is, Shall the opinion of the Chair stand as the judgment of the committee?

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

So the decision of the Chair was sustained. Mr. BARRERE. I think the motion I made is perfectly germane. As this bill authorizes land warrants to be issued and made assignable, it is proper, I think, that we should extend this privilege as far as the principles of this are required to be extended. I am not favorable to a system of bounty lands, but inasmuch as we have such a system we should have it predicated upon such principles as will operate fairly upon all classes alike. Now, I cannot see any reason why the officers or soldiers who served in the late war, and who have died and left minor children, should receive any advantage from this bounty land act, while the heirs of the officers and soldiers who have served in St. Clair's campaign, in Hemar's campaign, in 1811, when there was an Indian war in the State of Indiana, and those too who served in the war of 1812, who have died and have not happened to leave minor children and widows, do not get any of the benefits of the act. The heirs of none of these persons get any land warrants. I have received more letters upon this subject than upon the subject of making warrants assignable. There are cases in the section of country which I represent, where soldiers who served in the campaigns of Hamar, St. Clair, and Wayne, and in 1812, 1813, and 1814, to which I have alluded, have died, leaving widows, who are now deceased also, and where the heirs-at-law do not derive any benefit from this bounty land law. Now, if these lands are given by the United States to pay for services which these men have rendered, and if they deserve such bounty for their services, I think that justice requires that the heirs of these persons should be entitled to the benefits of such bounty. I think the heirs-at-law of those men, who settled in the western country and turned out in its defence in the various wars that have taken place, are as much entitled to their complement of land, as are the widows of the soldiers themselves. I think if we will look upon it in that light, that we will make the bill in form as it ought to be. I should have been far from offering this proposition at this time, had I not been induced to do so by the numerous letters I have received from my district, and from the belief that the wishes of my district expressed in those letters is in accordance with the true principles that ought to be ingrafted into this bill."

Mr. FULLER, of Maine, I offer the following amendment to the amendment of the gentleman from Ohio, [Mr. BARRERE:]

And that if any person who may be entitled to bounty land under the act of September 28, 1850, shall die after his ap plication and completion of proof, the land certificate so granted shall descend to, and may be located by his heirs or legal representatives.

I desire to state to the House this fact, and I state it because the cases arose under my own observation. There have passed through my hands to the Commissioner of Pensions, quite a number of applications for bounty lands. I have had some half dozen cases, where the applicants have died since filing their declarations, which have laid in the office for some years. Now, I find the land warrants issuing for these persons, who have left no legal representatives, widows, or such heirs as are provided for by the law. I desire, and I think it is but right, if it is the sense of the House, that the heirs and legal representatives of that class of persons-many of whom were young-should be entitled to these certificates, after the original applicants have been to the trouble of making their declarations and filing their proof.

Here is a young man who has died, leaving neither a wife nor children; but the certificate has issued. Now, in such a case as that I wish provision to be made, that the certificate shall go to the collateral heirs or legal representatives, and the claim be allowed, without requiring a new application and new proof.

Mr. FOWLER. I am opposed to this and to all arcendments, and I am entirely sick of this talk. Let us have the question.

The question was then taken on Mr. FULLER'S amendment to the amendment, and it was not agreed to.

Mr. COBB. I have been here too long not to know that a speech at this time would not be acceptable from anybody. I offer the amendment which I send to the Chair, and ask that a vote may be taken upon it. We have now got clear of the registers and receivers, and this amendment is intended for the benefit of a very meritorious class of our citizens.

The CHAIRMAN. Does the gentleman offer it as an amendment to the amendment? Mr. COBB. We have voted down the amendment, have we not?

The CHAIRMAN. No vote has yet been taken on the amendment.

Mr. COBB. Then I offer it as an amendment to the amendment.

The Clerk read the amendment, as follows:

SEC. 4. And be it further enacted, That in all cases where the militia or volunteers or State troops of any State or Territory were called into military service, and whose services have been paid by the United States subsequent to the eighteenth of June, eighteen hundred and twelve, the officers, soldiers, and teamsters of such militia, volunteers, or troops, shall be entitled to all the benefits of the act entitled "An act granting bounty land to certain officers and soldiers who have been engaged in the military service of the United States," approved September twenty-eighth, eighteen hundred and fifty: Provided, That the first pro

assignable, and for other purposes," and had directed him to report the same back to the House with amendments, and with a recommendation that the amendments be agreed to and that the bill do pass.

Mr. HARRIS, of Tennessee, moved the previous question.

Mr. JONES, of Tennessee. I understand that my colleague moves the previous question on the bill and on the amendments.

The SPEAKER. It covers both.

The previous question was then seconded and the main question ordered.

The SPEAKER stated the first question to be on concurring in the amendment of the Committee of the Whole on the state of the Union, to add at the end of the first section of the bill the following:

Provided, That the warrants which have been, or may hereafter be issued, in pursuance of said act or of this act, may be located upon any lands of the United States subject to private entry at the time of such location, at the minimum price. Provided further, That when said warrants shall be jocated upon lands which are subject to entry at a greater minimum than one dollar and twenty-five cents per acre, the locators of said warrants shall pay to the United States, in cash, the difference between the value of such warrants at one dollar and twenty-five cents per acre, and the tract of land located on.

The question was then put, and it was decided in the affirmative.

So the amendment was concurred in. Mr. HALL. When that amendment was adopted in committee, there were sections to the bill

tember, eighteen hundred and fifty, granting bounty land, &c., (which excluded members of Congress from the benefits thereof,) be, and the same is hereby repealed.

Mr. COBB. I want merely to remark, that, my amendment also proposes to repeal the proviso of the act of September 28th, 1850, which excluded members of Congress from the benefit of the act. Fortunately, I am not a soldier, so that this provision will not apply to me.

Mr. CARTTER. Unfortunately, you mean. Mr. COBB. No, sir; fortunately now, as I have offered the amendment. The bill of 1850 excluded members of Congress from the benefits of that act, and the proviso to this amendment places them upon the same footing as other soldiers who did not happen to be members of Congress.

The first part of the amendment provides for a class of men whom it was intended to provide for by the act of September 28th, 1850, but by a forced construction of the Secretary of the Interior, they have been excluded from the benefits of that act. I have deemed it my duty towards these individuals to endeavor to get this amendment passed; but if the House thinks it ought not to pass, why let it go.

Mr. FOWLER. I object to this amendment, and call for the question.

Mr. COBB. One word more. [Cries of "Order!"]

Mr. COBB. I have not exhausted my five minutes.

Mr. FOWLER. I call the gentleman to order. Mr. COBB. I care nothing about it[Loud cries of "Order!"]

The question was then taken on Mr. COBB'S amendment to the amendment, and it was not agreed to.

amendment, it was put and the amendment was The question recurring on Mr. BARRERE'S rejected.

following as an additional section to the bill: Mr. THOMPSON, of Virginia. I offer the

And be it further enacted, That any sale or assignment of such warrant heretofore made for a valuable consideration, shall be deemed valid as though such warrant had been assignable at the time of sale or assignment.

I shall make no speech, being satisfied that if the amendment does not recommend itself to the House, nothing I can say will secure its passage. The question was then taken on the amendment, and it was not agreed to.

Mr. VENABLE moved that the committee rise, and report the bill as amended to the House; which motion was agreed to.

tions were subsequently stricken out, and therefore I would suggest that the words "or of this act" be stricken out; they mean nothing.

The SPEAKER. It can only be done by unanimous consent.

Mr. FITCH objected.

Mr. STEPHENS, of Georgia, moved to reconsider the vote by which the amendment was concurred in, and to lay the motion to reconsider upon the table; which latter motion was agreed to.

The SPEAKER stated the next question to be on concurring in the amendment of the committee to strike out all after the first section of the bill, comprising the following sections, viz:

SEC. 2. And be it further enacted, That the registers and receivers of the land offices, shall hereafter be severally authorized to charge and receive for their services in locating all military bounty land warrants, issued since the eleventh day of February, eighteen hundred and fortyseven, the same compensation or percentage to which they are entitled by law for sales of the public lands for cash, at the rate of one dollar and twenty-five cents per acre, the said compensation to be hereafter paid by the assignees or holders of such warrants where they have been transferred under the provisions of any act of Congress, and the regu lations of the General Land Office; and to be paid out of the Treasury of the United States upon the adjustment of the accounts of such officers, where it shall be shown to the satisfaction of the Commissioner of the General Land Office that the warrant was located by the soldier or warrantee, or his next of kin, as provided for by law.

SEC. 3. And be it further enacted, That registers and receivers, whether in or out of office, at the passage of this act, or their legal representatives in case of death, shall be entitled to receive from the Treasury of the United States, for services heretofore performed in locating military bounty land warrants, the same rate of compensation provided in the preceding section for services hereafter to be performed, after deducting the amount already received by such officers under the act entitled "An act to require the holders of military land warrants to compensate the land officers of the United States for services in relation to the location of those warrants," approved May seventeenth, eighteen hundred and forty-eight: Provided, That no register or receiver shall receive any compensation out of the Treasury for past services, who has charged and received illegal fees for the location of such warrants: And provided further, That no register or receiver shall receive tor his services during any year, a greater compensation than the maximum now allowed by law.

SEC. 4. And be it further enacted, That in all cases where the militia or volunteers or State troops of any State or Territory were called into military service, and whose services have been paid by the United States subsequent to the eighteenth of June, eighteen hundred and twelve, the officers and soldiers of such militia, volunteers or troops, shall be entitled to all the benefits of the act entitled "An act granting bounty land to certain officers and soldiers who have been engaged in the military service of the United States," approved September twenty-eighth, eighteen hundred and fifty, and shall receive lands for their services according to the provisions of said act, upon proof of length of service as therein required; and that the last proviso of the ninth section of the act of the eleventh of February, eighteen hundred and forty-seven, be and the same is hereby re

authorize bounty land to those who have heretofore received or become entitled to the same.

SEC. 5. And be it further enacted, That where any company, battalion or regiment, in an organized form, marched more than twenty miles to the place where they were mustered into the service of the United States, or were discharged more than twenty miles from the place where such company, battalion, or regiment was organized:

in all such cases, in computing the length of service of the officers and soldiers of any such company, battalion, or regiment, with a view to determine the quantity of land any officer or soldier is entitled to under said act, approved twenty-eighth September, eighteen hundred and fifty, there shall be allowed one day for every twenty miles from the place where the company, battalion or regiment was orgauized. to the place where the same was mustered into the service of the United States; and also one day for every twenty miles from the place where such company, battalion, or regiment was discharged, to the place where it was organized, and from whence it marched to enter the service.

Passed the Senate, January 21, 1852.
Attest:

ASBURY DICKINS, Secretary. Mr. BISSELL demanded the yeas and nays; and they were ordered.

Mr. HOUSTON. That amendment proposes to strike out several sections, and I desire to inquire of the Chair whether it is not competent for a separate vote to be taken upon striking out each section, if it shall be called for?

Mr. HOUSTON. There are some of the sections which I would vote with the Committee of the Whole on the state of the Union to strike out, but there are other sections which I desire to retain.

The SPEAKER. The recollection of the Chair is, that the uniform practice of the House has been against dividing a proposition of this kind. The whole having been reported as one amendment, the Chair thinks it is not competent to divide as the gentlemen proposes.

The question was then taken on concurring with the committee on striking out, and resulted-yeas 113, nays 66; as follows:

YEAS-Messrs. Abercrombie, Aiken, Allison, William Appleton, Averett, Babcock, Bartlett, Bennett, Bowie, Bowne, Bragg, Breckenridge, Briggs, George H. Brown, Buell, Burrows, Lewis D. Campbell, Cartter, Chapman, Chastain, Colcock, Cottman, Curtis, Daniel, Dawson, Dimmick, Disney, Dunham, Ewing, Faulkner, Floyd, Fowler, H. M. Fuller, T. J. D. Fuller, Gamble, Giddings, Goodrich, Grow, Harper, I. G. Harris, Hart, Hascall, Hebard, Hibbard, Holladay, J. W. Howe, T. Y. How, Hunter, Ingersoll, Ives, Jackson, Jenkins, G. W. Jones, J. Glancy Jones, Preston King, Kuhns, Kurtz, Letcher, Mann, Humphrey Marshall, Martin, Mason, McDonald, McLanahan, McMullin, McQueen, Meacham, Millson, Miner, Henry D. Moore, Morehead, Morrison, Murray, Nabers, Newton, Olds, Outlaw, Peaslee, Perkins, Polk, Powell, Rantoul, Riddle, Robbins, Robie, Savage, Schermerhorn, Schoolcraft, Schoonmaker, Scurry, Origen S. Seymour, Skelton, Stanly, Benjamin Stanton, Frederick P. Stanton, Alexander H. Stephens, Stone, Stratton, Strother, Sutherland, Sweetser, Benjamin Thompson, George W. Thompson, Thurston, Toombs, Venable, Walbridge, Wallace, Wells, Addison White, Wilcox, Williams, and Woodward-113.

NAYS-Messrs. Willis Allen, David J. Bailey, Barrere, Bell, Bibighaus, Bissell, Brooks, Busby, E. Carrington Cabell, Caldwell, Thompson Campbell, Churchwell, Clark, Clingman, Cobb, John G. Davis, Dockery, Doty, Duncan, Eastman, Evans, Ficklin, Fitch, Freeman, Gaylord, Goodenow, Gorman, Green, Grey, Hall, Hendrieks, Houston, A. Johnson, J. Johnson, R. W. Johnson, D. T. Jones, G. G. King, Lockhart, Mace, McCorkle, McNair, Miller, Molony, John Moore, Murphy, Samuel W. Parker, Penn, Penniman, Porter, Price, Robinson, Sackett, David L. Seymour, Smart, Smith, Richard H. Stanton, Abraham P. Stevens, Stuart, Taylor, Townshend, Ward, Washburn, Watkins, Welch, Alexander White, and Yates-66.

So the House agreed to concur with the Committee of the Whole in the amendment.

Mr. STEPHENS, of Georgia, moved to reconsider the vote just taken, and to lay that motion on the table; which latter motion was agreed to.

Mr. STEPHENS asked for the previous question upon the passage of the bill.

The SPEAKER. The bill has not yet been engrossed and ordered to a third reading.

Mr. JONES, of Tennessee. I would suggest to the Speaker that this is a Senate bill, and the question is, therefore, upon ordering the amendments to be engrossed, and the bill to be read a third time.

The SPEAKER. The gentleman is correct. The amendments were then ordered to be engrossed and the bill to be read a third time; and having been engrossed, the bill received its third reading.

The question now being, "Shall the bill pass?" Mr. JONES, of Tennessee, demanded the previous question; which was seconded, and the main question ordered to be put.

Mr. SWEETSER demanded the yeas and nays; but they were not ordered.

Mr. STANTON, of Tennessee. Before the bill passes, I rise to a privileged question. I move that when this House adjourns, it adjourn to meet on Monday next.

Mr. MASON. I desire to ask the Chair, if tomorrow is not private bill day?

So the bill passed in the following form, viz: Be it enacted, &c., That all warrants for military bounty land, which have been or may hereafter be issued under any law of the United States, and all valid locations of the same, which have been, or may hereafter be made, are hereby declared to be assignable, by deed or instrument of writing, made and executed after the taking effect of this act, according to such form, and pursuant to such regulations as may be prescribed by the Commissioner of the General Land Office, so as to vest the assignee with all the rights of the original owners of the warrant or location: Provided, That any person entitled to preemption right to any land, shall be entitled to use any such land warrant in payment of the same, at the rate of $125 per acre, for the quantity of land therein specified: Provided, That the warrants which have been, or may hereafter be issued, in pursuance of said act or of this act, may be located upon any lands of the United States subject to private entry at the time of such location, at the minimum price: Provided further, That when said warrants shall be located upon lands which are subject to entry at a greater minimum than one dollar and twenty-five cents per acre, the locators of said warrants shall pay to the United States, in cash, the difference between the value of such warrants at one dollar and twenty-five cents per acre, and the tract of land located on.

Mr. JONES, of Tennessee, moved to reconsider the vote just taken, by which the bill passed, and to lay the motion to reconsider on the table; which latter motion was agreed to.

BUSINESS ON THE SPEAKER'S TABLE. Mr. JOHNSON, of Arkansas. I desire to call the attention of the House to the fact that the Speaker's table is now loaded down with bills and other documents; and as the House has determined to adjourn over until Monday, it is very necessary that they should be taken up and disposed of. I know especially with regard to one Senate bill now upon that table in relation to which it is very important that it should be referred to the appropriate committee.

REPORT OF SECRETARY OF THE TREASURY.

Mr. STANLY. I have no objection to that. I desire, however, to make a motion for the printing of extra numbers of the report of the Secretary of the Treasury. It has always been done heretofore. The Committee of Ways and Means have hitherto had no opportunity to report a resolution for that purpose. I do not know what number has been usually printed. I move that the usual extra number of that document be printed.

Mr. HOUSTON. Under the rules of the House the motion to print extra copies of any document must be referred to the Committee on Printing.

Mr. STANLY. I am aware of that. I know that the motion must go to the Committee on Printing. I hope there will be no objection to its intro

duction.

EXECUTIVE COMMUNICATIONS. The SPEAKER laid before the House the following Executive communications:

I. A communication from the Treasury Department, accompanied by a report of the Superintendent of Marine Hospitals, of additional appropriations necessary to complete and sustain said hospitals; which, on motion of Mr. HOUSTON, was referred to the Committee of Ways and Means, and ordered to be printed.

and regulations to govern said asylum. The report states that the board had selected, for the asylum at Washington, a tract of land owned by Mr. Riggs, distant two miles from Washington, for which they agreed to pay $57,000; and that the purchase had been approved by the President. On the motion of Mr. GORMAN, it was referred to the Committee on Military Affairs, and ordered to be printed.

IV. A communication from the Post Office Department, pursuant to the provisions of the act of Congress, approved July 3, 1836, entitled "An act to change the organization of the Post Office Department, and more effectually to provide for the settlement of the accounts therein," containing an abstract of the offers for carrying the mail during the year ending June 30, 1851; a report of the contracts for the transportation of the mails for the same year; and a report of the number and amount of fines imposed upon mail contractors during the same year, &c.; which, on motion by Mr. OLDS, was ordered to lie upon the table, and to be printed.

SENATE BILLS REFERRED.

The SPEAKER, by unanimous consent, laid before the House the following bills from the Senate; which were severally read a first and second time by their titles, and referred as indicated below:

No. 78. An act amendatory of an act entitled "An act to provide for holding the courts of the United States in case of the sickness or other disap

ability of the judges of the district courts," proved July 29, 1850. Referred to the Committee on the Judiciary.

No. An act to change the time for holding the district courts of the United States for the western district of Virginia, and for other purposes. Referred to the Committee on the Judiciary.

No. 125. An act for the relief of Mary W. Thompson. Referred to the Committee on Pensions."

No. 130. An act for the relief of John T. Sullivan. Referred to the Committee on the Post Office and Post Roads.

No. 131. An act for the relief of Joseph Gideon. Referred to the Committee on Naval Affairs.

No. 132. An act for the relief of John O. Means. Referred to the Committee on Naval Affairs.

No. 136. An act concerning the sessions of the courts of the United States in the district of DelReferred to the Committee on the Judi

aware.

ciary.

No. 138. An act for the relief of George Poindexter. Referred to the Committee of Claims.

No. 139. An act to provide for the appointment of a Superintendent of Indian affairs in California. Referred to the Committeee on Indian Affairs.

No. 144. An act for the relief of William Miller. Referred to the Committee on Revolutionary Pensions.

No. 145. An act for the relief of Ezra Williams. Referred to the Committee of Claims.

.No. 154. An act to enforce discipline and promote good conduct in the naval service of the United States. Referred to the Committee on Naval Affairs.

No. 170. An act making an appropriation in part for the erection of the light-house on Sand Key, Florida. Referred to the Committee on Commerce.

No. 183. An act to relinquish the reversionary interest of the United States to a certain reservation therein mentioned, and to confirm the title of

Charles G. Gunter thereto. Referred to the Committee on Private Land Claims.

No. 9. Joint resolution to establish certain post routes. Referred to the Committee on the Post Offices and Post Roads.

On motion by Mr. STEPHENS, the House then adjourned.

PETITIONS, &c.