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It is to have this communication from the Gov- | the motive that will prompt Senators to vote against Senate at all, but in consequence of the motion ernor, or Chief Magistrate, of the independent | the printing; but it will be so taken throughout made by the Senator from Ohio. For my own State and Kingdom of Hungary, and the imbodi. the country. I did not participate to any extent part, I wish that the records could be kept, as far ment of the very principles of republicanism in the debates which arose in regard to the wel- as possible, clear of any further proceedings rethroughout the world, in our Congressional docu- come reception of this distinguished man; but I specting this gentleman. ments, to be handed down to posterity in company know the sentiment which animates a large por- Mr. SEWARD. I have voted against the with communications of a similar kind which tion of the people of this country in regard to him. proposition to lay this motion on the table, and -I come to the Senate.

I know the sentiment which animates, especially, shall vote for the printing of this communication. Mr. CASS. I am not going to argue this ques- || the people of my own State. They have received I was influenced, and an influenced, by considertion at all, particularly on the issue made by the him with distinctions and honors, which have ations of respect and courtesy toward' the distinhonorable Senator from North Carolina. This never before been paid to mortal man, but La- | guished personage from whom it proceeds. But communication, as I understand it, is simply a fayette. And, in that, sir, let me say, they have I am influenced more by a consideration of the letter of thanks from this gentleman to Congress simply imitated the example of this Senate, which self-respect which I think the Senate owes to itself. for inviting him here. It is sent to us in the most || paid to him honors which it never before paid to The Congress of the United States, at a time inmodest and proper language. All that is proposed any other man but Lafayette.

teresting to the friends of liberty and free governis, that we should show, upon our record, that we Mr. CLEMENS. Did not the Ohio Legisla- ment throughout the world, sent a national ship have received it, and given it that respect to which ture refuse to pay his expenses?

to bring this personage from Europe to our shores. it is entitled. As the issue now is, to refuse tu Mr. CHASE. They did not: and I am happy On his arrival here, the Congress of the United print it, is to reject it, and throw contempt apon that an occasion is presented for the contradiction States, in the name, and in behalf of the American the man. That I am not disposed to do.

of that rumor. And now, when this distinguished people, bade him welcome to the capital. He Mr. BUTLER. I recollect that when the prop- exile returns to us, modestly and courteously, his came here, and was received by Congress. Upon osition was before the Senate to welcome Louis | thanks for the honor we have done him, and the

his depart

he addressed to ihe Congress a reKossuth, it was expressly disclaimed that it was committee which has charge of this matter reports spectful note through the President of ihe United with any view to address the Senate of the United in favor of printing his communication, can we do States; but formalities of etiquette prevented the States. "It was to place it upon a parallel with the less than print it? It seems to me that we can do President from sending it to Congress, and it is reception of Lafayette, which was a very high nothing less, without discourtesy. . I am therefore now respectfully submitted by the gentleman himhonor, I confess. 'I now understand this gentle- || in favor of printing. And I am in favor of it for self to Congress. It seems to me that a refusal to man to have written to the President. So far as another reason. Because I would take every op- receive it can do no injury to him, but may impair it was a private communication to the President | portunity legitimately offering itself to avow my our own self-respect. It is but courteous, under of the United States, returning his thanks for hon- || sympathy with that man and his mission, and my all the circumstances, to give a respectful congé to ors which had been shown him by this Govern- concurrence in the great general principles which our guest. Congress having received this person ment and the people of the United States, there he proclaims in the hearing of the American peo- as a guest, it appears to me, only acquits itself of could be no objection to it; but when the Presi- | ple. I think it is proper, Mr. President, since this an ordinary act of hospitality, by receiving this dent thinks proper to send a communication of question has assumed the shape it has, to renew communication. Under these circumstances, withthat kind to the Senate, it is allowing this gentle the call for the yeas and nays on the motion to out at all referring to the contents of the paper, or man-Mr. Kossuth-to address himself indirectly | print.

to the manner of the paper, I think it is our duty to the Senate of the United States, and, so far as The yeas and nays were ordered.

to receive it. I see nothing objectionable in the this proceeding will do it, to obtain the sanction of The PRESIDENT. The Chair will take occa- communication; but if there was, courtesy, under this body, impliedly, to the doctrines set forth insion to say, in consequence of the remarks of the all the circumstances, would seem to make it our that paper; for it is not a simple expression of his honorable Senator from Ohio, that the communi- duty to receive it, however objectionable it might return of thanks to this body.

cation was not addressed to the Presiding Officer Mr. BADGER. By no means.

of the Senate. There was a letter received from Mr. RUSK. Did I understand the Chair to Mr. BUTLER. It must not go out with any | Louis Kossuth, addressed to me, and which he say, that this communication was not addressed soch understanding. If it had been of that kind, | requested me to lay before the Senate, enclosing a to the Presiding Officer of the Senate? I presume it would never have found its way here. | communication which he had made to the Presi- The PRESIĎENT. The Chair will state again If it had been a simple, modest return of thanks to dent of the United States. He was informed, he what is the true state of the case. The paper prothe President of the United States, we would never says, by the Secretary of State, that that was not posed to be printed, was addressed to the Presihave heard of that paper. But it is the vehicle, the proper course to be pursued, and that the dent of the United States. The Secretary of State, under the name of returning thanks to this Gov- || President could not communicate it to Congress; || by letter, (as Louis Kossuth informs me in a leternment, of the doctrine of this gentleman, and so and, in consequence of that information, as he ter, dated at Cincinnati,) informed him that the far as we give our sanction to it, we are called upon states in his letier to me, and on advice from the President declined to communicate it to the two to do it. In other words, we are called upon to Secretary of State, that he should adopt the course Houses of Congress, as it was not exactly in actake this paper from this ex-Governor, or gentle- of addressing it to the Presiding Officers of the cordance with usage; and he suggested to him the man who claims to be the Governor of a foreign | Senate and of the House of Representatives, he || propriety of sending it to the Presiding Officers of country, and place it upon our archives as one of did so. 1 hesitated for some time with regard to ihe two Houses; in consequence of which he adthe documents of the Senate.

my duty to lay such a paper before the Senate. dressed a letter to me, stating this fact, and asking Mr. BADGER.

It is a political paper. But, on consulting with others, I thought it was me to present it to the Senate. I presented the Mr. BUTLER. It is a political paper to all in- | the best course to pursue.

letter addressed to me by Louis Kossuth, together tents and purposes. What effect it may have | Mr. BADGER. If there is any implication of with the paper which was addressed to the Presiupon the public mind of the United States, or of discourtesy to Louis Kossuth in the Senate's re- dent of the United States, and which the President Europe, I know not. But the object is, disguise fusing to print this document, the disrespect, I had declined to lay before Congress, and had so it as gentlemen may, to send it forth with all the think, must be fairly attributable to the Senator | notified Louis Kossuth through the Secretary of indorsement and imposing sanction that can be from Ohio. When these papers were offered here | State. imparted to it by this body. It is not a simple re- yesterday, and read, everything was done with Mr. SEWARD. Here is the letter, dated Cinturn of thanks, as the Senator from Michigan | respect to them which was necessary to prevent cinnati, Ohio, February. 14, 1852, and addressed calls it.

any manifestation of disrespect on the part of the to the Hon. Wm. R. King, President of the SenMr. CASS. I did not intend to say another | Senate. He thought proper, however, to make a ate. It sets forth, that on the 12th of January, word. But, really, it seems to me to be a new motion to print the papers. They are of a char- Kossuth addressed a letter to the President of the idea, that because we print a paper, we advocate acter which the Senate is not in the habit of print. United States, and requested him to communicate the sentiments contained in it.

ing; and I believe the Senate has never received it to Congress; and a copy of that letter is anMr. BUTLER. I did not say so.

such papers before. We have papers laid upon nexed to his communication to the President of Mr. CASS. I understood that that was the in- our tables every morning by dozens, that nobody the Senate, under the advisement of the Secretary tiination of the honorable Senator.

ever thinks of moving to print. But the Senator | of State. I will read that part of his letter: Mr. BUTLER. Very far from it. I attempted from Ohio, in his zeal to reflect the enthusiasm of

“Not initiated into the diplomatic forms of the United to be very explicit, and I said that this gentleman | his State in favor of Louis Kossuth, is pot con- States, I respectfully directed farewell to his Excellenwanted this to be sent forth, by implication, under tent with the papers being presented and read, but

cy the President, and requested him to communicate my the sanction of this body: I did not say that, if he moves to print them. Under the rules of the

assurance of everlasting gratitude to the Senate and the

House of Representatives. we print it, we sanction the doctrines contained in Senate, the motion was referred to the Committee “ The Secretary of State had since the great kindness to it. 'I dare say some gentlemen are very willing to on Printing. The Committee on Printing, ani- inform me, though his letter bas reached me but recently, adopt them. I am not.

mated, I suppose, by the same favorable disposi- that iny request in respect to the communication would Mr. CHASE.

have been gladly complied with, if it were consistent with Mr. President, when this tion towards the enthusiasm which has sprung up

the accepted forms; and he suggested it to me, as a more communication was received yesterday by the in this country toward this great military chief- appropriate way, to send copies of my address to the PresiSenate, it was addressed to you, as the President || tain, or warrior—but who, my friend from Ala- dents of the Senate and of the House. of this body. By yourself, as President, it was bama said the other day, was not great at fight

“ It is upon this suggestion of the Secretary of State that

I have now the great honor to inclose the feeble expression laid before 'us. It was read to the Senate, after ing-report back the motion, and recommend

of my everlasting gratitude and hope, with the request to the question upon reading had been put by the that the Senate concur in it. Now, I say, that as have it communicated to the august body of which you are Chair, without objection. And then a motion there was, in my judgment, no propriety in the the President.

“ Mr. President of the Senate, your most humble and was made by myself, that it should by printed; original motion to print, as it is not in accordance,

deveut servant, which went, in its regular course, and without as I think, with the usages of the Senate to print objection, to the Committee on Printing. The such papers--as the case is of a description pecu

Mr. BUTLER. I wish to bring to the view of Committee on Printing, this morning, has reported | liar and unusual in our proceedings—there is no the Senate a remark made by this gentleman in in favor of printing this document, and now, if disrespect offered to the person in question by re- the first paragraph of his letter to the Presiding the Senate refuse to print it, it will be taken as an fusing to print them. But if there be any disre- Officer of this body. He says: act of discourtesy. I do not say that such will be l spect, it is brought upon us by no action of the “ Before I left Washington city, I felt myself bound by


gratitude to return my warmest thanks to the Government stand in this attitude: 'That we have invited Louis in this whole matter; and I am fearful it respecte and the Congress of the United States, for their generous Kossuth here; that we have received him with hos- | things with which the Senate has nothing to do, patronage they had so kindly granted to ine as to the humble reprosentative of my country.

pitality; and that now, when he wants to make and with which it ought not to occapy itself.

his bow, and proposes to take his leave, we tell Mr. CLEMENS. I cannot say, as many of He speaks of our having received him as “the him he shall not make his bow and take his leave, those who have preceded me have

said, that I have humble representative of his country". He has but that we will kick him out. How does that had nothing heretofore to say about this man, assumed, in that letter to us-what, I did not in- present the state of the case now before the Sen- Kossuth. I have had a good deal to say about lend, by any vote of mine, to do-that we recog

ate? I thought he had been here. I thought he him; and I shall have a good deal more to say, nized him as an official representative, or any oth- had been received, and that he made his bow. There is a litue resolution lying upon the table, erwise as a representative, or that he had any

was not here on that occasion, but I suppose he' very innocent upon its face, about which I shall country,

contradistinguished from the one which | desired to make his bow, and I am sure that am- have a good deal to say when it comes up for conexists under the Government of Austria. But, I ple opportunity was allowed him to make his bow; sideration. I shall then draw a parallel between suppose this gentleman has served his purposes that he was allowed to retire out of the Senate; the action of the Senate on two different occasions. very well, and has, in some measure, subserved and that he was neither hurried nor kicked out. I shall remind the Senate that, just a few days bethe purposes of others, by being a political agita- | He now sends us a letter which he calls a letter of fore the adoption of their first resolution upon this tor. And it is in that point of view that he com- ll thanks. Assume it to be a letter of thanks. We subject, a poor old woman, the only child of a mends himself, I have no doubt, to many who have received, we have read it. And the honora- revolutionary soldier, came here and asked for vote for this.

ble Senator says it is equivalent to kicking him bread to support the little remnant of her existThe Senator from Ohio undertakes to say, that out,

when he wants to make his bow, if we do not ence, and you gave her a slone. Now it is proif we refuse to print this communication, it will print and preserve it among the archives of the posed to pay to this man and his suite more be a discourtesy. Allow me to say, that when

country. It seems to me that that is a very strange money for Champagne and Burgundy, drank in gentlemen make imprudent issues, and we are not interpretation of the matter. No incivility has one day, than would have supported that poor old disposed to sustain them and their issues, the re

been offered to this man. The Senate has received widow double the remnant of her life. But that tort is immediately made: If you do not do so and 50, which we have tendered, and which ought not it is said that we are now offering an iodignity to this paper, and it has been read at the desk. And is not the question on which I wish now to speak.

I want to know the use of printing this letter. to be done, the reproach falls upon those who

op- | him,

equivalent to kicking him out, when he wants What use are we to put it to? How are we to pose imprudent motions of this kind, if you to make his bow and take his leave, because we use it? In what manner is it to be employed? choose to call them so. It was an unusual thing object to printing the paper he has sent to us. We The Senator from Louisiana asks, by what rule to make a proposition to print a paper of this have not yet quite done what is incumbent upon are we governed in ordering the prinung of public kind. It was an unusual paper. And if it did

us in this matter, and what I am ready to do at documents? Why, we are governed by one plain, not come from Louis Kossuth, with all the asso

any moment; that is, to pay the expenses incurred unvarying rule; and that is, when a document is ciations connected with his doctrines and his name, I answer for it, that no such motion would by his reception here. But it seems to me to be presented here, upon which the action of the Sen

ate is required, it is printed for the use of the have been made. Gentlemen cannot disguise the tion we occupy on this subject, to say that be- Senate; it is printed to enable us tv act understandfact from the country, that the object of this mo

cause we do not wish the communication to be ingly on matters submitted to our consideration; tion is to give importance to this gentleman's mission, and, as far as a vote will go to do it

, to in- printed, we are offering the indignity of refusing and for no other purpose. Is it proposed to take

to let the gentleman make his.bow and depart. Iany action upon this letter? Not an all. Why, dorse his doctrines and to fortify his sentiments.

assure my honorable friend from Louisiana that then, is it to be printed? For our information 1 cannot, consistenly with my regard for the dig- no man in this country is more heartily willing to Why, all of us, who ever intended to read it

, have nity of this body, undertake to admit the opinions, | let him make his bow and take his leave of us and read it long ago. All of us who chose to swallow its much less sanction the interference—for inter- || of this country, now and forever, than I am. i doctrines, have swallowed them long since. We ference it is--of this foreigner.

would instantly withdraw all objection to the print- all know every word that is to be printed and laid Mr. DOWNS. I have not entered into any dis- || ing, if the withdrawal and the printing would have upon our tables. Then it is not for information; cussion in relation to Kossuth; and I do not think that very salutary effect.

it is not for the purpose of enabling us to act unI have any extreme opinions on any side of the Mr. BORLAND. I have found it exceedingly derstandingly upon the subject; but it is for some question: but it really seems to me astonishing difficult to accommodate my actions here to the other purpose. What is that purpose? As a that opposition should be made to printing this wishes, I will not say caprice, of the particular mark of respect? We have paid him all the re document. The honorable Senator from North friends of Mr. Kossuth. I certainly, from the be- spect he deserved; yea, more, in my opinion, than Carolina (Mr. BADGER) thinks it is not such a ginning, had no intention or wish to treat him with a hundred such mein deserve. We have gone to document as it is usual to print. I would like || disrespect; but on the contrary, to treat him with the utmost limit in that respect. We have paid that gentleman to say what the rule is on that very great respect. To show that I did so, I my- | him the same honor which we paid to Lafayette

; subject? - what particular kind of documents is itself introduced a resolution, which I thought a i and respect can go no further. There is still aliconfined to? It seems to me, that, instead of there proper one, recognizing him as the guest of the other thing sought to be accomplished. It is to being any technical rule on the subject, it is cus || nation; inviting him here to the capital; providing commit this Senate to the opinions and doctrines tomary for the Senate to order such documents to for his welcome when he got here; and I went å which have been advanced by him. I shall engage be printed as they think will be useful, and ought step further, and in order to complete the whole in no such business. And let me warn those getto be preserved in the archives of the nation. || business at once, and to make it substantial as tlemen who are so exceedingly anxious now to We often print memorials, resolutions from State | well as formal, I provided in that resolution to pay make capital out of this Kossuth humbug, that it is Legislatures, and many other documents contain the expenses which might be incurred in conse- a dead humbug and cannot be galvanized into life. ing facts worthy of preservation. Without giving quence of his reception. How was that proposi- The man, or the party, who shall connect himself any opinion as to the course of Kossuth, or any- tion received ? I was told by the peculiar friends of or itself with it, will go down as certainly as that thing connected with his visit to the United States, || Mr. Kossuth--particularly by one gentleman who the sun will rise tv-morrow. It is a dead humbug, I must say that his visit, his reception and course seemed to have him in special charge, and who on and cannot be galvanized into life. here, form an interesting event in our history. I that occasion seemed to consider himself the es- Mr. DOWNS. If the humbug is dead, as the Without expressing any approbation of his pecial guardian of Kossuth's honor and wishes, I gentleman supposes, why is it that gentlemen op course, or any opinion in regard to it, I think it in this country-that I had offered a monstrous in- | pose so strenuously this motion to print? It is is but right and fair, when he is taking leave of dignity, and grossly insulted Mr. Kossuth by men not quite so dead, as some of them seem to sun us,

that we should order to be printed and put on tioning money in connection with his name, in pose. As to the effect of a refusal to print the record his response. I do not feel myself respon- | order to pay his expenses. I find; however, that document which is now before us, the Senator from sible for anything he has said, if he has said im- | other friends of Mr. Kossuth have since brought North Carolina and myself are not perhaps likely proper things; but this is a part of the history of forward, in a separate form, the proposition which I this transaction; and I cannot conceive why the then made, and which I was anxious should be || ner in which he has replied to my suggestion,

to agree; but notwithstanding the ingenious man, honorable Senator from North Carolina (Mr. | adopted then. I did not wish to have this indi- think it will be considered pretty much in the light BADGER) and the honorable Senator from South vidual before us so often. I thought those who I viewed it. There are some few circumstances Carolina (Mr. Butler) should be so sensitive on had due regard for his reputation would rather connected with this subject which I did not think this subject. They

seem to be actuated by a kind preserve it, by not allowing him to come before it was necessary to mention before, but to which of hydrophobia, as if everything relating to Kos- || the public so often as to become so common as to I will now call the attention of the Senate. suth

had something injurious and poisonous about cease to be interesting. I wanted to treat him one is this: Gentlemen were so very cautious in it

. It seems to me, that if there is such deadly | with respect, and to provide for meeting the ex- the admission of Kossuth, in the programme of venom in everything connected with Kossuth, penses which might be incurred in consequence of arrangements on that occasion, that it was a soft these two gentlemen ought to have discovered it treating him with respect. I wished to dispose of of dumb show. No opportunity of reply orada speaking about Kossuth for half the session. We Although I was then charged with treating him of returning his thanks in the

usual way at the invited him here; we have had him among us; we extended to him the hospitalities of the nation; of him and paying for him

in a substantial way, | ought

to give him some opportunity of returning and now, when he appears in our midst to make I am now charged, and others who agree with me his thanks for the hospitalities tendered to him, but that we will shove him out of doors, and tell another way-because we will not consider him fuse to print this communication would be a me him he has no business here? That I take to be further. It was disrespectful to provide for his fusal to receive his bow at departing, is the fact the position of the honorable gentleman. Mr. BADGER. I think my honorable friend with disrespect because we are unwilling to have States before Kossuth left this city. It was writer

that it was addressed to the President of the United out his proposition He says that those of us told us that the self-respect of the Senate requires shows that it was his parting bow. Let the gen. who are opposed to printing this communication this. I am afraid there is too much respect” teman from North Carolina construe it as he will,

this is the response of Kossuth, on his leaving a rare specimen of it, I have a great mind to me to liberty and activity.” We all know that Washington, to the hospitalities extended to him change my opinion. But as I am anxious to be the correspondence of the Executive Department while he was here. And I say again, that if the done with this whole matter, I believe I shall still of this Government directed the representation on ordinary course which is adopted when documents | vote against the motion.

which his release was to be asked of the Sultan are presented here which are supposed to be in- Mr. BADGER.' The Senator from Ohio has to be, that the object was to bring him here as a teresting and which it would be useful to pseserve, referred to a remark which I made yesterday, at settler among us, as an emigrant, and to remove is not pursued with regard to this communication, the conclusion of the reading of the letter of Kos- him from activity and power for political agitation. it will be considered that we treat Kossuth with suth, that inasmuch as it had been read and list- Mr. DOWNÁ. It was not intended to confine discourtesy.

ened to with profound attention by the Senate, him when he got here. As to the subject to which the Senator from unless the Senator from Michigan, (Mr. Cass,] or Mr. BADGER. No, sir; but I suppose the Alabama has referred, when it comes up, it will the Senator from New York, (Mr. Seward, or honorable Senator knows what Kossuth means be a matter for separate consideration. I do not the Senator from Illinois, (Mr. Shields,] desired by being restored to activity. He means that we now pretend to say what course I shall pursue on some reference of it, I would move to lay it on intended to restore him to liberty, and not to a that subject; but I can very well conceive that the the table. Why, my remark was perfectly well quiet retreat in this country, but to activity as a question involved in that resolution is very dif- | understood by every gentleman in the Chamber political agitator. His conduct here shows the ferent from that now before the Senate.

and in the galleries. My meaning was this: that || interpretation which he means to attach to the Mr.CHASE. In submitting this motion, I had | although this paper was directed to be read by the term. not the slightest idea that I was about to give oc- Senate, so far as I could judge there were not half Mr. DOWNS. Even if the sentence to which casion to a protracted debate; nor in the sugges- a dozen members of the body who paid the slight- | the Senator from North Carolina takes exception tions which I made, did I suppose I was giv: est attention to its reading, thus manifesting be-bears the interpretation which he gives it, still it ing just occasion to any one to say, that I charged | yond all dispute that the reading of the paper was does not amount to a lecture. It is a mere statethe Senators who opposed this motion with inten- a mere idle ceremony, and that nobody here want- ment of his impression of the transaction. I tional discourtesy. “But when it is asked, what is led to hear it. That is what I meant. And now hope the gentleman will not consider Kossuth as the use of printing this document? I answer, that i permit me to say, that I consider the motion to delivering a lecture, because he takes a different the use of it is to complete the record; it is to fulfill print as standing precisely on the footing of the view of that transaction. the obligations which the Senate took upon itself, proceeding to read. Nobody cares one copper Mr. BADGER. It is not the true view. when it determined to welcome this illustrious about the printing of this paper. No one sup- Mr. SOULE. We are exhibiting, I should man. We have received him; we have paid him | poses it is worth one chincapin now or hereafter think, Mr. President, a very unusual, and certainhonors. He now returns to us his grateful ac- || to the American people. It is to be printed for I ly a most uncalled-for, degree of susceptibility knowledgments. The communication in which other purposes and other ends.

with respect to the motion now before the Senate. he imbodies them, was addressed originally to the A word now with regard to the remark of my || What does it aim at? Simply at the printing of President of the United States. By the President, friend from Louisiana, that there are some consid- a communication which was transmitted on yesthrough the Secretary of State, he was informed erations to which I have not adverted which would | terday to this body through the medium of its that the President, in the ordinary course, cannot perhaps induce a different view of the propriety of Presiding Officer. The communication itself ematransmit such a document to the Senate. He then, printing this document, and lead me to believe nates from the distinguished individual whom, by upon the suggestion of the Secretary of State, in- with him that a refusal to print it would be an in- | previous resolves, this Senate, acting in conjuncclosed it to the Chair. The Chair received it. It dignity. I wish merely to remind the Senator, | lion with the House of Representatives, had conwas read to the Senate, and then the Senator from that in reference to Kossuth's reception on this stituted and proclaimed as the guest of the AmeriNorth Carolina, with that manner for which he is floor, it was arranged by a committee of very dis- ! can people; and the question arises whether or not so remarkable--which gives point and force to tinguished gentlemen who had charge of thai sub- || that communication shall be printed. Let us concensure and satire, conveyed in the language of jeci, to put it precisely on the foeting of the sider on what grounds is the motion to print recommendation and praise-took occasion to say, reception of General Lafayette. General Lafay- sisted. From the remarks that have fallen from that as we had all heard the document read, and il ette, when introduced into the Senate, did not open the lips of certain Senators, it would seem as if as it had no doubt duly impressed upon all a pro- d his mouth. He was simply introduced by the the printing of the document in which the comfound sense of the importance of the subject which Presiding Officer, took the seat assigned to him, 11 munication is contained was to impart to that comit discussed, and the sentiments which it promulga | and the Senate adjourned, and he was introduced munication a character involving us in high and led, he would move that it lie upon the table. "It to its members in their private and individual ca- momentous responsibilities, and indeed making then seemed to me due to courtesy, due to our own pacities. The committee resolved to preserve a the advocates of the measure personally accountself-respect, that this document should be printed. | precise accordance with what had taken place in | able for the opinions and doctrines which the docuI therefore made the motion to print. I am glad the reception of General Lafayette in this Cham- ment may contain. Sir, it is now clear, and I will to find that the majority of the Committee on ber. Now, surely doing that cannot be tortured not dispute with those who may choose to deny Printing concurred with me in opinion.

into discourtesy to Louis Kossuth. Surely he sets it, that such can be neither the bearing nor the Mr. President, I do not wish to discuss the up no higher claims to the admiration and grati- || effect of our action on the proposition upon your principles which have been advanced by this illus- tude of the American people than General Lafay- / table. We give it not any sanction. We print trious man. They are before the country. The ette. For what should we admire him more? | it, and that is all. What may be the judgment people are thinking of them, and they will decide Has he higher and nobler qualities than one of the which the present generation will pass upon the whether or not the requests which he makes of the most gallant and noble men that ever sprung from merits and worth of the illustrious exile, and what Imerican people, and through the American peo- a nation of gallant and noble men? Has he any | rank will be awarded to him in history among the ple of their representatives, is reasonable and ought | greater claims on our gratitude: What has he apostles and martyrs of the cause in the defence to be granted. Other occasions will arise when done for us? Nothing. He has come here and of which he is pouring out his whole soul, it is those questions can be properly discussed. The lectured our people, and through them he has lec- not for me now to investigate and determine. Senator from Alabama says that Kossuth has al- tured us in order to give us a new edition of polit- || That question will have its day, and shall in time ready received more honors than he has deserved.ical rules by which our conduct with foreign be met. But I can hardly conceive that we should That is a question between that honorable Senator Powers is to be regulated. It seems to me he can | at this moment inquire what be the character that and a very large portion of the people of the Uni- have no claim upon us either for admiration or gives Kossuth any right to address the country, and ted States. I am much mistaken if it does not || gratitude higher than Lafayette. Did General to address us on the occasion which has elicited this turn out to be a question between the honorable || Lafayette send a letter to the Senate? Was any document. Sir, he came not an uninvited and Senator and history itself. But be that as it may, letter of his printed?

unknown wanderer to our shores. Hecame hithI shall not go into the discussion now. In moving Mr. DOWNS. I would ask the gentleman er by the wishes of the American people, signito print this document all that I have asked of the whether, if there had been a letter from Lafayette, fied to the world through their constituted organ, Senate is simply that they will close the record of its printing would have been refused ?

the Government; and it were more than strange, the transactions connected with the welcome and Mr. BADGER. I will not make such a suppo- | indeed, if after you had reclaimed him from exile, reception of Kossuth in the most appropriate | sition with respect to General Lafayette, because and welcomed him to your land, to your capital, manner, by receiving with attention and respect it would suppose General Lafayette to be deficient to the very halls of your parliament, you should the parting words of the gentleman whom they of a quality which he possessed in an eminent now deny him the privilege of returning thanks have chosen to honor.

degree. He was a gentleman of real merit and for the hospitality and the honors you were thus Mr. RUSK. I do not intend to engage in this real modesty. He was not disposed to thrust pleased, and with lavish hands, indeed, to bestow discussion; but I must say that it seems to me that himself in with his political opinions, lectures, or upon him. What can be the object of such a dethis man Kossuth is a little like Falstaff about wit; || dissertations, on what he thought ought to be the nial? Senators admit that it is no longer in our he has not only a good deal of talk in himself, but | policy of this country, by letters addressed to the power to blot out of our recorded proceedings the he is the cause of talk in others. I have had noth- public authorities, or speeches made to the people. I dreaded document. It went to the Journal on yesng to do with this matter from the beginning, He behaved in that transaction of his life as he i terday, upon being read by your Secretary, and because I thought we had business enough of our | did in every other. It was the middle of his life, there it must remain, in spite of the fate whieh own to attend to without attending to Hungary i suitable to its commencement, and harmonizing may await this motion. Sir, allow me to say that and Kossuth, and I was very anxious to get up a gloriously with its termination—always able, pa- it would be past strange in us to minister such an bill this morning of some importance. "I shall | triotic, brave, and modest.

undignified rebuke to our former proceedings. To vote against the printing of this letter, for I do Mr. DOWNS. If there is anything in this those who can see but a dead humbug in the docunot know how many more will follow it. I be- document calculated to be construed into a lecture, ment upon your table, and in those monuments of lieve I have voted against everything of this kind then I concede it would not be improper to op- burning eloquence that have roused hundreds of hitherto, and I am strongly tempted to change my pose its printing. But I am sure that there is no thousands of our people to an enthusiasm apcourse and vote for this motion, on the ground on such thing in the letter before us.

proaching almost to frenzy, I would ask leave which this matter is put by the honorable Senator Mr. BADGER. I can point out one at once. to say, Why should that dead humbug move you

rom Michigan, as a specimen of the modesty of In that letter he states that the United States had | out of propriety and moderation? Fear you that Kossuth. As that is a scarce article, and this is I sent "a steam frigate to Asia in order to restore the lurid carcass may haunt you at night, and dis

his seat in another.

turb the quiet of your dreams? Sir, I am an


Mr.BOWIE. I only desire to withdraw some unbeliever in the power of ghosts to do mischief. Mr. SEWARD gave notice of his intention to papers from the files of the House, for the purpose There are others who apprehend danger from the ask leave to introduce a bill to incorporate the of having them referred to the Senate. influence which may be exercised over our future Sisters of Visitation of Washington, in the Dis- There was no objection, and leave was accorddestinies by the doctrines which have been lately, || trict of Columbia.

ingly granted to withdraw from the files of the and are still now, proclaimed by that inspired mis

House the papers of Zachariah Walker, for the sionary of freedom, and who presume that it may


purpose of referring them to the Senate. be in their power, through the negative virtue of The PRESIDENT pro tem. laid before the Sen

MILEAGE OF THE DELEGATE OF OREGON. a dissenting vote, to stem that torrent of thought ate a report of the Postmaster General, showing

The House then proceeded to the consideration and of wild wisdom, as some would call it, which the amount received for postages collected and

of the subject of regulating the mileage of the is now flooding the land. Let me tell them to be postage stamps sold during the quarter ending the

Delegate from Oregon. composed and resigned. It were in vain-yes, in 30th September, 1851; which was read, and or

Mr. HENDRICKS. When I gave way on dered to be referred to the Committee on Finance || yesterday for a motion to adjourn, I was replying vain that they would attempt to compress the surges of the popular sentiment. They will rise in and printed.

to the interrogatory put to me on the day before spite of their efforts to avert a fantastic danger.


by the gentleman from South Carolina, (Mr. Sir, it is idle to struggle against public opinion.

The PRESIDENT pro tem. laid before the Sen- | WOODWARD.) He asked if the general law of The power exists not that can isolate the policy of this Government from the conscience of the na

ate a report of the Secretary of the Treasury, | 1818, regulating the compensation of members of

showing the contracts made by that Department Congress, does not limit the mileage of each memtion. I shall vote for the printing.

ber to the amount of his per diem. I had anMr. CLEMENS. The Senator from Louisi- during the year 1851; which was read, and ordered

to be referred to the Committee on Finance and swered that I thought there was no such limitation, ana, (Mr. Soule,) is totally

mistaken as to the

when my colleague [Mr. Fitch) rose in his place grounds taken by the opposition to this measure.

and stated that the mileage of members of ConHe says that some of us have denounced it as a DRAWBACK UPON FOREIGN MERCHANDISE.

gress, under the existing general laws, could not dead humbug. I did say so, and I say so again. The bill extending like privileges to those con- exceed the per diem allowance. I have examined That is my opinion. But no one has intimated

ferred by the act entitled “ An act allowing draw- the provision to which he alluded, but I find no here, as the Senator from Louisiana seems to sup- back upon foreign merchandise exported in the such limitation. The only portion of the law which pose, that there was danger of the sentiments original packages to Chihuahua and Santa Fé, in relates to this question is the following proviso to contained in that letter creating an unwholesome | Mexico, and to the British North American Prov- the section which I read, viz: state of feeling in the public mind. No one has inces adjoining the United States," approved Provided always, That no Representative or Delegate been foolish enough to intimate anything of that March 3, 1845, to foreign merchandise exported shall be allowed a sum exceeding the rate of eight dollars sort. There is not a sentence in the letter, there to Mexico by certain indicated routes, was read

a day, from the end of one session to the time of his taking is not an idea advanced in it, which has not been

the second time, and considered as in Committee published over and over again; which has not of the Whole; and no amendment being made, it

Taken literally, this language includes both per been strewed from one end of this Union to the was ordered to be engrossed and read a third time.

diem and mileage, and would limit the entire comother. There is nothing in it which can do harm;

pensation to such sum as a per diem of eight dolor if there is, the harm has been done already.


lars would amount to during the recess between Like the Senator from Louisiana, I am willing to A message from the House of Representatives the two sessions of a Congress. trust to the people. I am willing to trust even to

was received by Mr. FORNEY, its Clerk, an- Mr. WOODWARD. If the gentleman will the first impulse of the great mass of the people. nouncing that it had passed a bill entitled " An allow me, I will state that the gentleman from In. I do not require that you should wait even for the act to regulate the mileage of the Delegate from diana (Mr. Fitch) stated the effect of this prosober second thought. Collect the people of this the Territory of Oregon,” and requesting the con- vision correctly day before yesterday. He stated Union together, and let them vote this day, and currence of the Senate therein.

that the effect of that clause was to provide that there is not one twentieth part of them would sus.


the mileage and compensation of members shall tain the doctrines Kossuth has advanced.

not exceed the aggregate sum of eight dollars per It is from no apprehension either of the people bill granting the right of way and making a grant I think that is the correct statement.

The Senate resumed the consideration of the day for the three hundred and sixty-five days, and or of Louis Kossuth, that we have opposed the

of land to the State of Iowa in aid of the construcprinting of this communication. The Senator has

Mr. HENDRICKS. I think that construction tion of certain railroads in said State. misunderstood us entirely. What we do contend

Mr. UNDERWOOD addressed the Senate for

of the proviso cannot be sustained. The language for is, that there is no necessity for the printing of

does not import that, nor has it ever been so con this document; that it does not distribute informaan hour; and, without finishing, yielded to the

strued. There is a provision in this statute which tion. He does not ask us to distribute it among request of Senators, and

The Senate adjourned.

enacts that in case any Representative or Delegate the people. We are asked to print it for our own

be detained by sickness on his journey to or from information. Who of us will be informed by it?

the session of Congress, he shall be entitled to his Who of us does not know every word that it con- HOUSE OF REPRESENTATIVES. per diem compensation since the enactment of the tains? What have we to dread by its publication

WEDNESDAY, Febuary 18, 1852.

law. The construction of the proviso has been, and ita distribution here in this Senate Chamber?

that it is a proviso to this portion of the statuite, This is an unnecessary expenditure of the public | by the Chaplain, Rev. Mr. Morgen.

The House met at twelve o'clock, m. Prayer and restricts and limits the mileage given under it, money. This printing is useless. It is for no

and that the per diem allowance of a member who

The Journal of yesterday was read and approved. object. It is a waste of the public money, and

is taken sick upon his way to Congress or on his that is the ground of the objection which has been

The SPEAKER. The first business in order

way home, shall not exceed what his per diem urged against it.

is the unfinished business of yesterday, being the would have been during the vacation. I say that Whatever might be my feelings towards this

motion to reconsider the vote by which the House has been the construction put upon the proviso individual; whether 1 entertained for him a very refused to order to be engrossed and read a third since its enactment, and I have no doubt that if it high or a very low degree of respect, I should still time the bill regulating the mileage of the Dele- means anything, this is what it means. Then, oppose the printing of this communication. It gate from Oregon; and upon which the gentleman | sir, the law stands in reference to every member is what Lafayette never asked. It is something from Indiana [Mr. HENDRICKS) is entitled to the of Congress—every Representative of a State and unusual, out of the course of business, without floor.

every Delegate from a Territory, with one single an object, I cannot comprehend it. What are Mr. KING, of New York. I ask the unani- || exception, that they shall receive eight dollars per we to do with the document after it is printed : | mous consent of the House to report from the | day for every day they serve in Congress, and You do not propose to print enough to distribute Committee on the Judiciary the bill to provide for eight dollars for every twenty miles distance be through the country. You communicate no in- the holding of the courts of the United States in tween this Capitol and their places of residence. formation to the country. You simply lay it on

case of the sickness or other disability of the This, I say, is applicable to every gentleman upon your own desks and require the Committee on judges. I ask that it may be read for information. this floor, and to every Senator, with one single Printing to incur the expense of furnishing you

It was read by its title, as follows:

exception; and that exception the Committee on with the information which has already been fur- An act amendatory of an act entitled “An act Mileage by the pending bill have proposed to renished over and over again. That is the objection to provide for holding the courts of the United I have no fear of any consequences which

States in case of the sickness or other disability Mr. SMART. I desire to inquire whether this may

flow from it. We cannot suppress it if we of the judges of the district courts," approved July | limitation does not extend also to the Delegates desired to do so. We do not want to suppress it. 29, 1850.

from New Mexico and Utah? I want it to go abroad through the land. I want

Mr. OLDS. I asked yesterday for leave to in- Mr. HENDRICKS. The limitation extends every freeman in this Republic to read this letter. troduce a report from the Committee on the Post in terms, but not in effect. The compensation of If some of them haye been deluded heretofore, I Office and Post Roads, equally important with this the Delegates from Utah and New Mexico does not think it will go very far towards banishing their report, which was objected to.

amount to $2,500 under the law of 1818; so that delusion.

Mr. KING. I hope this will not be objected the limitation does not apply to them at all. The question was then taken on the motion to to. It will delay the House but a moment.

Mr. SMART. I called at the office of the Ser: print, and it was determined in the affirmative

Mr. JONES, 'of Tennessee. I object, and call geant-at-Arms this morning, and I understood yeas 21, nays 20; as follows: for the regular order of business.

him to say that the Delegate from Utah had drawn YEAS–Messrs. Bright, Broadhead, Cass, Chase, Davis,

Mr, BOWIE. I hope the gentleman from Ten- his mileage up to the utmost limit of $2,500. Dodge of Wisconsin, Dodge of Iowa, Douglas, Downs, nessee will not press that call now.

Mr. BERNHISEL. I desire to say that I have Felch, Gwin, Hamlin, Jones of Iowa, McRae, Norris, Mr, JONES. I shall object to every bill which not drawn that amount. Seward, Smith, Soulé, Stockton, Sumner, and Wade-21. is sought to be introduced by unanimous consent. NAYS-Messrs. Atchison, Badger, Bell, Borland, But

Mr. HENDRICKS. The gentleman from Utah ler, Clarke, Cleinens, Dawson, Fish, Geyer, Hunter, Jones

Bills introduced in that manner have already con- tells me that his mileage amounts to $2,100 under of Tennessee, King, Miller, Morton, Prait, Rusk, Spruance,

sumed a greater portion of the time of the House. the law of 1818, and that he has drawn that Underwood, and Upliam--20. I call for the regular order of business.

amount. At the first session of the Thirty-fire!


to it.

Congress a law was passed entitled " An act to breakwater, and for certain harbors, and for re- moments to the merits and demerits of the prosupply a deficiency in the appropriation for pay moving obstructions in and at the mouth of certain posed bill. And first, sir, I do not advocate this and mileage of members of Congress for the pres- | rivers, for the year in 1835."

bill, I did not report it, upon the ground that I ent session." The gentleman from South Caro- The act which makes tbe specific appropriation approved of the existing law. I think that the lina, (Mr. Orr,) a lawyer of high standing and contains the following proviso:

law of 1818 ought to be amended, and I expect reputation in his own State and

his reputation is “ Provided, That no officer of the Army shall receive any that the Committee on Mileage will make a report not confined to his own Slate-gave it as his opin- | percentage or additional pay, extra allowance, or compensa- upon that snbject. A bill is pending before the comion that the proviso to that law is permanent in its tion, in any form whatsoever, on account of the disbursing mittee, and when the committee shall have come to effect, and that it now regulates the compensation

any public money appropriated by law during the present
session for fortifications, execution of surveys, works of in-

a conclusion upon the subject, and decided upon of the Delegate from Oregon. I will read the law ternal improvement, building of arsenals, purchase of sup. their report, the matter will be brought before this so far as it applies to this question. The title is, plies of any description, or for any other service or duty House, and then I expect to give my views upon An act to supply a deficiency in the appropria- whatsoever, unless authorized by law.”

the question. I will say now that I am in favor tion for the pay and mileage of members of Con- It speaks of disbursements of appropriation of of a change of the law, so that the compensation gress for the present session. The first section that session, and then says that no additional com- of the members of this House, so far as their is as follows:

pensation shall be made to any officer for any other || mileage is concerned, shall be estimated by some " That the sum of one hundred and sixty thousand dol- services. Under that provision, the United States || direct route-by some route to be ascertained by lars be, and the same is hereby, appropriated out of any in that case claimed that no compensation should | another department of Government than by ourmoney in the Treasury not otherwise appropriated, for the be allowed to this surgeon of the Army for those || selves. I say it is not worthy of this body, payınent of mileage and per diem of the Senators, members of the House of Representatives, and Delegates in Congress, at

additional services rendered to the Government. that members of Congress should be called upon the present session : two thousand three hundred and thirty The Court, speaking upon this subject, uses this to decide their own compensation. And this is dollars for additional expense of stationery for members of language: the House of Representatives, during the present session :

the great objection I have to the present law. To Provided, That the mileage of the Senators and Representa

“The argument on behalf of the United States is, that fix the service of his brother members is not a tives from California, and the Delegate from Oregon, be com

this proviso,

although found in a mere appropriation law of || duty which any man desires to perform, and I puted according to the most usual traveling route within the

a limited nature, is to be construed, by reason of the words limits of the United States; and the per diem of said Senaor for any other service or duty whatsoever, unless au

wish to see the law changed so as to devolve this tors and Representatives for this session shall commence

thorized by law, 10 be permanent in its operation, and ap- || duty upon others than members. I would like to from the day on which the Constitution of California was

plicable to all tuture appropriations, where officers of the see the law so changed that the Post Office Defirst communicated to the two Houses of Congress, respecAriny are employed in such service or duty; and that it

partment shall decide the mileage of members by tively.”

appears from the record, that this was the very ground on
which the Treasury Department rejected the elain of

the mail routes. And I would say further, if we It is this proviso to this appropriation bill which Doctor Minis for commissions. The same question has shall adopt this system of direct routes, then, as a the gentleman from South Carolina (Mr. ORR] been made and fully argued in the case of Gratiot vs. The matter of course, the Delegate from Oregon will thinks now regulates the compensation of the DeleUnited States, at the present term; and we have given it

be governed by the same principle of legislation as our delibrate consideration. We are of opinion that such gate from Oregon. is not the true interpretation of the terms of the proviso;

other members. When we make this reform in Mr. ORR, (interrupting:) With the permission and that it is limited exclusively to appropriations made at the law, then we will bring the Delegate from Orof the gentleman from Indiana, I desire to call the the session of 1835.

egon and the members from California to the same attention of the House to this fact in the act which

" It would be somewhat unusual to find ingrafted upon an act making special and temporary appropriation, any

principle of compensation with other gentlemen. that gentleman has just now read. In every clause provision which was to have a general and permanent ap

If we have no mail route over the country we can of that act there is a special reference had to this plication to all future appropriations. Nor ought such an establish some distance and ascertain the mileage session. For instance, the sum of $160,000 is appro

intention on the part of the Legislature to be presumed, to which they will be entitled by a direct route. priated for the payment of mileage of the Senators and where the language admits of no other reasonable in

unless it is expressed in the most clear and positive terms, I will now notice some of the objections urged and members at the present session-for $2,000 at terpretation. The office of a proviso, generally, is either

by the honorable gentleman from Vermont, (Mr. the present session; but the mileage which is in the 10 except something from the enacting clause, or to qualify | HebaRd.] When I heard his speech yesterday I proviso, the present session is not introduced. In

or restrain its generality, or to exclude some possible ground was not sure that I understood him correctly, but the last clause of the proviso, however, relating to by the Legislature to be brought within its purview. A genof misinterpretation of it, as extending to cases not intended

when I came to read his printed speech I find i did the per diem compensation of members, the pres- eral rule, applicable to all future cases, would most natu

not mistake his language. He says: ent session is again introduced. So that the act in- rally be expected to find its proper place in some distinct “ I do not know what injustice there is about it. I have dicates clearly, according to my conception, by and independent enactment. »

not heard one gentleman, who has undertaken to show that its reference, in every provision and in every

I ask gentlemen to notice the language of the the pay given to this Delegate from Oregon was not an clause, except this one, that the appropriation Supreme Court in that case. The terms of the act equivalent for the service he renders bere.; is made for the present session, and even in the admit of no other reasonable interpretation.

With regard to the question which the gentlelatter clause of this proviso it is introduced, while

“ The office of a proviso”--to use the language of the man raises, and the proposition involved in his the provision for the mileage of the Delegate from

court in that case is generally either to except something remarks, that we shall estimate each gentleman's Oregon remains general, that that proviso was de- || erality, or to exclude some possible ground of misinterpre

compensation by the actual services performed signed to remain permanent..

tation of it, as extending to cases not intended by the Legis- || here, I undertake to say that the honorable DelMr. HENDRICKS. Mr. Speaker, I should lature to be brought within its purview. A general rule, egate from Oregon has given an earnest to the have been glad if the committee could have adopt- | pected to find its proper place in some distinct and indeapplicable to all future cases, would most naturally be ex

country in his past services that the services which ed that construction of this provision, for then this pendent enactment."

he shall render in future will be commensurate question would not now have been before the House. But, sir, of what is this a proviso? It is has referred to a provision to be found in the gen

The gentleman from South Carolina (Mr. Orr) | with the compensation to be given to him. And

it is a singular question for the gentleman from a proviso to a law which is for a special purpose, eral appropriation bill of the last Congress. It is Vermont to raise upon the distinguished Delegate and-temporary in its operations. It is a proviso to an appropriation law, and more, sir, to a defi- ||ation for the public survey. It is as follows: a provision found in connection with the appropri- | from Oregon, whether he earns $2,500 or not.

We say the Delegate from Oregon is not adeciency appropriation bill. And what is a proviso in a law?" It is that which qualifies, or restricts, l) granted by the act of 28th of September, 1850, entitled An

Prorided, That no land bounty for military services

quately compensated, because he is not placed upon

a level with the rest of us. We ask that he shall or construes that which precedes and forms the act granting bounty land to certain officers and soldiers who be placed upon the same platform with every body of the law. This proviso is connected with have engaged in the military service of the United States, other member of Congress. I would not ask the what goes before; it is a qualification of it; else it is not a proviso. That gentleman, (Mr. Orr,]

granting land bounties for military services, shall be satisfied honorable gentleman from Vermont (Mr. Heb

out of any public land not heretofore brought into market, ARD) if his services are worth more to the counupon reflection, will recollect that it is a recognized and now subject to entry at private sale under existing try than the amount of his mileage and per diem. and well-settled rule of construction, that a proviso | laws."

It is a question which I ought not to ask, it is a to a statute, unless the words of the proviso Mr. Speaker, I say that is no proviso. That is question, the answer to which might be embarindicate clearly and beyond all doubt another legislation upon an independent subject, not in any rassing. I do not know whether it would hurt intention, cannot have an effect in point of time way connected with the public survey. It does his feelings or not, or whether it would flatter the beyond the operation of the statute to which it is not limit the provisions of the law which precedes || gentleman's constituents or not. It is a question attached. This is an appropriation law to pay the it, and does not exclude misconstruction. That which he ought not to propound in reference to compensation and mileage of members of Con- proviso—it is called a proviso--does not perform the services of the honorable Delegate from Ora gress; and that appropriation is qualified by a pro- the office of a proviso." I say it is an independent || egon, I say, sir, that the Delegate from Oregon viso that the mileage of the Delegate from Oregon enactment upon an independent separate subject, | has performed services for this country which be computed by the overland route. That is what and performs none of the functions of a proviso to | gives us a good guarantee that he will compensate the statute means, in my judgment. I will read a the preceding enactment.

the country in faithful services for what shall be part of a decision of the Supreme Court of the But I will not occupy any more time upon this paid him under the general law. United States, in a case analogous to this. It is subject. I will say that the Committee on Mile- The gentleman from Pennsylvania (Mr. STEthe case of Minis. vs. The United States, in 15 age, at the last session of Congress, gave the con- || Vens) argues that the Delegate from Oregon comes Peters, 423. The suit was brought by the United struction to the law which I have mentioned, that here with a vested right to $2,500 under the ors States against Minis, who was a surgeon in the this proviso to the appropriation bill was tem- ganic law of the Territory, and that the GovernArmy, for moneys of the United States received porary in its effect, and ceased to operate at the ment has a vested right to his services; and that if by him as agent for the Government, but not dis- || close of the session at which it was passed. I un- more than that sum is paid him, it is a gratuity. bursed by him. He claimed to retain it as com- derstand that the Judiciary Committee in the Sen- If the honorable genileman, by the use of these mission upon moneys by him disbursed as agent ate gave it a different construction during the last terms, means that the compensation of a member for the Government in the removal of the Chero- | Congress, but that that decision has since been of Congress being fixed by law.cannot be changed kee Indians from their residence on this side of the reversed. But I am not certain upon that ques during his term—that it is a fixed legal compensaMississippi to their residence upon the other side. tion. In reference to the compensation of the tion, which Congress has no legal or constitutional The disbursements were made in the year 1836-7. Delegate from Oregon, there is but one law, and power to alter, 1 do not agree with him. If he

In 1835, there was a law passed making cer- | that is the provision in the territorial bill. means that there is a moral obligation upon the tain additional appropriations for the Delaware Now, I desire to turn my attention for a few | Government, that the compensation of any pub

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