ployed by Harmony in the prosecution of the suit against Colonel Mitchell. Colonel Mitchell employed a man by the name of Alonzo B. Achan I believe. Mr. Sheppard was the district attorney for that district at that time, and was directed by the Government of the United States to defend the suit.

[Cries of "Question!" "Question!"]

Mr. JONES, of Tennessee. Can the gentleman from Missouri [Mr. PHELPS] state whether there is not a suit pending in the Supreme Court, in the lower story of this building, in regard to this matter; and if so, whether that decision may not be reversed, and Colonel Mitchell released from the judgment now pending against him? I understand that the case is pending in the Supreme Court, brought there by a writ of error from the court at St. Louis.

Mr. PHELPS. I understand that during the progress of that trial in the court in New York, exceptions were taken to the ruling of that court. The case was then presented to Mr. Crittenden, Attorney General, and his advice taken in relation thereto. He advised against the prosecution of the appeal to the Supreme Court of the United States. Such, I understand, are the facts in reference to that matter, and consequently no appeal is pending in the Supreme Court of the United States.

[Cries of "Question!" "Question!" from all parts of the Hall.]

Mr. JOHNSON, of Georgia. I desire to be informed what amount of property was taken by the Government of the United States from Harmony?

Mr. PHELPS. The judgment of the court will be a sufficient answer to that. I hold here in my hands the report made by the Committee of Claims, at the first session of the Thirtieth Congress, and from this document it appears that Mr. Harmony proved before that committee that property to the amount of more than $60,000 was seized by Colonel Mitchell, and taken into his possession.

Mr. JONES, of Tennessee. I would ask my friend from Missouri [Mr. PHELPS] if he did not in the Thirtieth Congress, with that report before him, in concert with his colleague from Missouri, [Mr. BOWLIN,] oppose the bill for the relief of Harmony?

Mr. PHELPS. I will inform the gentleman of the course I pursued on that occasion. I did oppose the bill for the relief of Harmony. I entertained the opinion that he was not entitled to the amount of relief which he demanded. I was satisfied that he was entitled to something, but the exact amount I could not tell. That question was one for the accounting officer to determine; and furthermore, that has nothing to do with the case. Will you see an officer, who has executed the commands of his superior officer, receive injury from that obedience, and see his property sacrificed, and that, too, for obeying the orders of his superior officer in an enemy's country where, if he had disobeyed them, he would have been courtmartialed?

Mr. JONES. If the gentleman will permit, I will state that I am informed by a Representative upon this floor from the State of New York, that Judge Nelson has informed him that this case is pending in the Supreme Court on an appeal.

Mr. VENABLE That cannot possibly be so, because if you will look at the report and the evidence in this case, it will be found that they prove this state of facts. Every lawyer knows that if there was a writ of error, the court would suspend judgment. Every lawyer knows that an appeal, when made, brings a case from the court below to

Mr. JONES, of Tennessee, made a remark wholly inaudible to the Reporter.

Mr. VENABLE. A transcript of the judgment was sent to Missouri, and a suit instituted upon it in that State, and a judgment obtained thereon. Upon the judgment thus obtained, an execution was issued in the State of Missouri against the property of Colonel Mitchell.

Mr. PHELPS. That is certainly so. Mr. VENABLE. The history of this case is this

Mr. BARTLETT. I rise to a privileged question. I move that when this House adjourns, it adjourn to meet again on Wednesday next.

The SPEAKER. The gentleman cannot take the floor from another who is upon it, although his question is a privileged one.

Mr. VENABLE. I have no inclination to take up the time of the House.

Mr. FOWLER, (interrupting.) I wish to ask a single question.

Mr. VENABLE. I cannot yield to the gentleman from Massachusetts, [Mr. FowLER,] and I protest against this mode of farming out the floor by one member to another. I cannot yield, and must make the remarks I have set out to make.

The history of the case is this: it appears to me singular that difficulties should arise in the minds of anybody, when it must be preceived that there never was a case before this House in which the iron arm of the law was bearing down upon a defenceless individual with more crushing and merciless force than in the case now before us.

Mr. PHELPS, (interposing.) I have yielded so much and so often to the inquiries of my friends, that I am obliged to move the previous question upon the passage of the bill.

Mr. FOWLER. Will the gentleman allow me to ask a single question?

Mr. PHELPS. I will.

Mr. FOWLER. If I understand the gentle-tain, that while matters seem to have reached this man from Missouri, he states that the property taken amounts to $60,000. Now, I wish to inquire what became of that property? Was it given back to Harmony, or what was done with it ?

Mr. HALL. The Mexican authorities confiscated it.

Mr. PHELPS. The property was confiscated by the authorities of the city of Chihuahua, in

the district of Chihuahua.

Mr. FOWLER. Was it finally returned to this claimant?

Mr. PHELPS. It was subsequently tendered to Mr. Harmony at Chihuahua, as the documents show. He refused to receive it, and entered his protest there against the unlawful seizure, and it was confiscated, as I am informed, by the Mexican authorities at Chihuahua.

[Cries of "Question!" "Question!" from all parts of the Hall.]

Mr. PHELPS. I now demand the previous question.

Mr. STUART. If the gentleman will allow me, I wish to suggest

Mr. PHELPS. I have yielded the floor so often, that I am compelled to insist upon my demand for the previous question.

Mr. STUART. I understand that this question is pending in the Supreme Court. It is not

denied.

The SPEAKER. Debate is not in order. Mr. MARSHALL, of Kentucky. I rise to a privileged question. I move to reconsider the vote by which this bill was ordered to its third reading, and upon that motion I desire to be heard

The SPEAKER. The question is not debatable. The previous question has been demanded upon the passage of the bill.

Mr. MARSHALL, of Kentucky. Demanded but not seconded. I understand the privileged question I make to take precedence of the motion for the previous question, and that it is debatable. Do I understand the Chair to decide otherwise?

Mr. JONES, of Tennessee. The privileged question does take precedence, and certainly is debatable.

The SPEAKER. The Chair, upon reflection, is of opinion that the gentleman from Kentucky is entitled to debate the question.

Mr. PHELPS. I rise to a question of order. The vote by which this bill was ordered to a third reading was under the operation of the previous question, and the gentleman from Kentucky cannot debate the motion.

The SPEAKER. The Chair is of the opinion that the previous question was exhausted by the order to read the bill a third time, and, therefore, overrules the point of order made by the member from Missouri. The gentleman from Kentucky [Mr. MARSHALL] is entitled to the floor.

that he has been informed by a justice of the Supreme Court of the United States that a writ of error in the case of Harmony vs. Mitchell is now pending in the Supreme Court-that it came up from the Southern district of New York, and is designed to test the validity of the judgment rendered against Colonel Mitchell in favor of Manuel X. Harmony. I am aware that suit was instituted by this man Harmony against Mitchell, and that such proceedings were had as resulted in a judg ment at law in the district court of New York for upwards of $95,000. I understand that Harmony took the record to Missouri, and sued upon the New York judgment-I presume in a State courtand that he procured a judgment upon said record, and that execution has issued thereupon against the property of Colonel Mitchell for about $102,000. In the meantime, the case from New York has been brought up to the Supreme Court by a writ of error, without a supersedeas, and that such a proceeding neither stops the execution on the New York judgment, nor suspends proceedings upon the Missouri judgment. But it is also cercrisis with Colonel Mitchell, the chancery power of the courts in Missouri may be successfully appealed to in order to suspend the collection of this debt until the decision of the Supreme Court of the United States shall be pronounced upon the writ of error which has been sued out to the New York district court. I acknowledge the obligation of Congress to protect Colonel Mitchell from loss; but there is a right way of going about this matter. If we pass this bill, the money will pass into the hands of Manuel X. Harmony, who may not be responsible and who is an alien, as I understand, and should the judgment be reversed by the Supreme Court, the United States will have suffered a complete loss of the whole amount. My only object in moving to reconsider the vote in this bill is to suggest to the House the propriety of putting the act in such shape, before its passage, that no payment can be made by the Secretary of the Treasury until the legal remedy shall have been quite exhausted by a final affirmance of the judgment in the court below by the Supreme Court. In the meantime, it must be remembered that the judgment in Missouri is operative, and the sacrifice of Mitchell's property can be made under the execution upon that judgment, and that the sale will not be affected by whatever decision shall be rendered here upon the New York record. As I remarked before, should there be a probability of reversing the New York judgment, the chancellor in Missouri can be appealed to for an injunction to stay proceedings in the Missouri judgment until this cause can be decided. And there will be no difficulty in procuring such an injunction. Let the United States procure the surety for an injunction bond, and the chancery proceedings can be insu tuted in Mitchell's name. But, unless there is some probability of a reversal, the injunction will be a dangerous expedient, for the dissolution of the injunction will cost $10,200, more than will now discharge the debt. The question addresses itself to the sound discretion of Congress, who will, I suppose, be guided in the case by the opinion of the Attorney General of the United States.

Mr. WELCH. I would inquire of the honorable member from Kentucky, if the bill is not al ready in the shape in which he desires to have it? It simply authorizes the Secretary of the Treasury to pay the Missouri judgment.

Mr. MARSHALL. It is true that the act authorizes the Secretary to pay the money, but that is the usual verbiage of the laws which di rect the payment of money. Under this law, the Secretary will be at liberty to settle the Missouri judgment by payment before this night. I am not willing to pay it, if there is a reasonable chance to reverse the case. I will not vote $102,000 to pay a debt, which I understand could have been settled three years since for $30,000, while there is a writ of error in the case pending and undetermined in Mr. MARSHALL, of Kentucky. I should the Supreme Court, unless I understand very distincthave voted for the passage of this bill without hes-ly from the proper legal adviser of the Government itation, had the previous question been ordered without debate, for I should not have heard the suggestions of difficulties which now appear to be in the way.

I desire to say that no gentleman upon this floor would more readily extend relief to Colonel Mitchell than I would, under a proper state of the case. But it is asserted by a gentleman from New York, a member of this House,

that there is no chance to reverse the judgment of the court below. I will then vote it to shield Colonel Mitchell from loss, and not because I think it proper or fair, as against the Government, upon the merits.

Mr. TAYLOR (interrupting) asked a question entirely inaudible to the Reporter.

Mr. MARSHALL. I understand that Mr.

FAULKNER, of Virginia, has been down to the Su-charge demand that before we act finally, an oppreme Court room, and has ascertained the fact that a writ of error in this cause is pending in that Court.

Mr. TAYLOR. I understand that the cause is not pending in the Supreme court.

Mr. MARSHALL. I am informed that the gentleman from Virginia [Mr. FAULKNER] has been down to the Supreme Court rooms, and knows the facts to be as I have stated them.

Mr. HAVEN. With the permission of the gentleman from Kentucky, inasmuch as considerable has been said about it, I will state briefly what I know upon this subject. I found a very general desire on the part of the House to pass this bill when it was up before; and, on Friday or Saturday of last week, I met Mr. Justice Nelson in the street, and had a conversation with him for the purpose of gathering the facts of the case. The two things I told him I desired to be informed about, were: First, whether there was a writ of error pending in the Supreme Court of the United States; and the next was, what was the character of the proof before the court (for he was the justice, I understood, who presided at the trial) in reference to the measure of damages.

Mr. LOCKHART. Will the gentleman allow me for a moment. I will not take half a minute.

portunity should be afforded to confer with the Attorney General of the United States, who has no doubt looked critically into the record of this cause, and is prepared to give his opinion. We should take time, and before we vote to pay this debt we should learn from the Attorney General his opinion of the proposition to enjoin the judgment in Missouri until the rendition of an opinion by the Supreme Court in the case from New York. I am not willing to pass the authority we hold over the public money to any one. When this debt must be liquidated we can vote the money, and direct its appropriation to the object we intend; but now, it is our duty to see whether the actual necessity for the appropriation exists, and whether it cannot, by any device, be avoided. The execution has not been levied upon Colonel Mitchell's property as yet, and we all know that there will intervene some days from the levy to the sale. There is no necessity for this absolute action to-day, so far as we can see. It is our duty to go back upon our steps if we can contest this demand further, and not, under apprehension of injury to Mitchell, throw away $102,000 upon Emanuel X. Harmony.

Mr. KING, of New York. The whole matter should be referred to a committee.

I understand that no one disputes our obligation to shield Colonel Mitchell from loss. The point Mr. HAVEN. I cannot. I have the floor by is, that in protecting him we may owe it to the the favor of the gentleman from Kentucky to country to take the reins of this case into our own make a statement. I was informed by Mr. Jus- hands, and see whether the United States cannot tice Nelson, that there was a writ of error now reverse this judgment, stay proceedings upon the pending upon the calendar of the Supreme Court, execution at St. Louis, and renew the contest upon brought up upon the judgment rendered before the original merits before the inferior tribunal, by him in the circuit court of New York. I then in-which this enormous judgment may be reduced to quired of him in reference to the measure of dam- those limits which once would have contented the ages, the rule by which the damages had been al- claimant. It is suggested to me by gentlemen to lowed upon the trial before him. He told me move to postpone this question to a day certain. that he could not state with accuracy by what rule I do not feel disposed to raise the question, and that had been governed, but he said that the evi- then to ask its postponement, but I do think the dence upon the subject of damages would be found House should regard this transaction with the in the record. I went to the Supreme Court closest scrutiny-not that I suppose anything room for the purpose of seeing the record, but wrong on Mitchell's part-but to see if we cannot found it locked up. I said to the Judge that I avoid the wrong which we are about to be forced had understood Mr. Harmony had offered to take to submit to, in order to protect him from unde$30,000 to discharge his claim upon the Govern- served loss. ment, and that this bill which we have before us, provides for over $100,000. He told me that the cause was put off, according to his recollection, for over a year, to allow the parties to execute a commission at Santa Fé, or in New Mexico, for the purpose of getting evidence upon the subject of damages, and that, after the commission had been returned, the subject of damages was passed upon sub silentio, the proof seeming to be satisfactory. That is all the information I have in my possession. I understand this writ of error is from the judgment rendered in the circuit court for the southern district of the State of New York. I also understand that judgment has been sued out, upon a transcript of the record of the court in New York, in a court of Missouri; that execution had been issued upon that judgment, and that the consequences are likely to follow upon that execution which have been described by the gentleman from Missouri, [Mr. PHELPS.] I return my thanks to the gentleman from Kentucky for his kindness in allowing me to make this

statement.

Mr. MARSHALL, of Kentucky. I now hold in my hand a memorandum furnished by the clerk of the Supreme Court of the United States a moment since, which will remove all doubt as to the pendency of a writ of error in this case. He says, the transcript of the record has been sent up, a writ of error has been sued out, and the case stands No. 178 on the trial docket of the court. Now, under these circumstances, the proposition to direct the Secretary to go forward and pay off the debt may be very injurious to the interests of the United States, for the decision in the Supreme Court may reopen the cause on the original merits, and indeed may indicate that Mitchell is not responsible for an arrest made under orders from his military commander in time of war in an enemy's country; for I do not learn from anything that has yet been said that Harmony lost possession of his merchandise, though he was detained with Doniphan's command, in order to prevent him from joining the enemy-as a trader.

I submit to the consideration of the House that we are not prepared, under the circumstances, to pass the bill at present, and due caution and a proper regard for the duties we are here to dis

Mr. MARSHALL. I prefer to have the vote upon the motion to reconsider. Should that motion prevail, the bill can be taken up at our next sitting, and in the meantime those interested can learn the views of the Attorney General, and the bill can be amended properly, if necessary, and then passed.

Mr. DISNEY. I propose to say a solitary word in regard to this matter, and it is simply this: that notwithstanding the appeal which has been presented by the gentleman from Kentucky, [Mr. MARSHALL,] and the purpose for which he urges it, there is another aspect in which this case must be viewed, which divests them of all force whatever. Permit me here to remark that I have taken no sort of interest in this matter until the

present time. The nature of the case now pending in the Supreme Court of the United States, at least from the testimony which has been adduced before us, and from this discussion and the one had heretofore in relation to this matter-has been with reference to the liability of Colonel Mitchell, and not the injury to this man Harmony; for that seems to be conceded upon all sides. Then whatever the decision of the Supreme Court of the United States may be, it will not touch the point to which I now allude, to wit: the injuries inflicted upon Emanuel X. Harmony. If the Supreme Court of the United States shall decide Colonel Mitchell was not justly and legally liable to indemnify Harmony for the damage inflicted upon him by these proceedings, still behind that remains the paramount question of indemnity to Harmony. Then it appears from the testimony which we have heard related to the House by the gentleman from New York, [Mr. HAVEN,] that the question of the amount of indemnity has been settled by the common agreement of the parties-sub silentio. In reference to that question there was no dispute. This question as to whether Colonel Mitchell is justly and legally liable does not touch the main question, that is, the proper indemnification of an individual who has been wronged by the acts of officers of this Government. I will not occupy the attention of the House any longer. In conformity with the suggestion of a friend who

sits near me, and in order to enable the House to possess themselves fully of the facts of the case and the precise points involved in it, I move the consideration of this subject be postponed for one week.

[Cries of "That is right!" "That is right!"] Mr. STUART. I concur entirely in the motion of the gentleman. There is no disposition here to do injustice to Colonel Mitchell or anybody else, and we should not go pell mell into paying a judgment, when it is pending in the Supreme Court of the United States upon a writ of

Mr. STANTON. I presume every gentleman is aware of the object of this motion.

The SPEAKER. It is not debatable. Mr. JONES demanded the yeas and nays; which were ordered.

The question was then taken upon the motion to adjourn till Wednesday, and it was decided in the affirmative-yeas 87, nays 74-as follows:

YEAS-Messrs. Abercrombie, Aiken, Willis Allen, W. Appleton, Babcock, Barrere, Bartlett, Beale, Bell, Bennett, Bissell, John H. Boyd, Breckenridge, Briggs, Brooks, Albert G. Brown, Burrows, E. Carrington Cabell, Lewis D. Campbell, Cartter, Chandler, Chapman, Clingman, Daniel, Geo. T. Davis, Dean, Disney, Dockery, Edgerton, Edmundson, Evans, Faulkner, Florence, Henry M. Fuller, Thomas J. D. Fuller, Gaylord, Gentry, Gilmore, Goodenow, Gorman, Sampson W. Harris, Hart, Haws, Hascall, Haven, Henn, Horsford, Jenkins, James Johnson, John Johnson, Robert W. Johnson, Daniel T. Jones, Preston King, Kuhns, Landry, Letcher, Lockhart, McDonald, McMullin, Meade, Miller, Morehead, Murray, Andrew Parker, Samuel W. Parker, Price, Robie, Russell, Schermerhorn, Schoolcraft, Schoonmaker, David L. Seytnour, Stanly, Frederick P. Stanton, Richard H. Stanton, Strother, Stuart, Sutherland, Taylor, Thurston, Ward, Washburn, Wells, Addison White, Alexander White, Wildrick, and Yates-87.

NAYS-Messrs. Allison, Ashe, Averett, David J. Bailey, Bowne, Brenton, Joseph Cable, Thompson Campbell, Caskie, Chastain, Churchwell, Clark, Cobb, Conger, John G. Davis, Dawson, Doty, Durkee, Eastman, Ewing, Ficklin, Fitch, Fowler, Gamble, Giddings, Grow, Hammond, Harper, Hebard, Hendricks, Hibbard, Howard, John W. Howe, Thomas Y. How, Jackson, Andrew Johnson, George W. Jones, J. Glancy Jones, Kurtz, Humphrey Marshall, MeLanahan, McNair, McQueen, Molony, Henry D. Moore, Perkins, Phelps, Polk, Rantoul, Robbins, Sackett, Scurry, John Moore, Nabers, Orr, Outlaw, Peaslee, Penniman,

Skelton, Smart, Smith, Snow, Benjamin Stanton, Stratton, George W. Thompson, Townshend, Venable, Walbridge, Wallace, Watkins, Welch, Wilcox, Williams, and Woodward-74.

Mr. JOHNSON, of Arkansas. I believe there is nothing now before the House.

The SPEAKER. There is the question upon reconsidering the vote by which the bill upon the table for the relief of Colonel Mitchell was ordered to be read a third time, and there is a question submitted by the gentleman from Ohio [Mr. DisNEY] to postpone until Monday next.

The question was then taken upon Mr. DisNEY's motion, and it was agreed to.

INDIAN AGENT FOR CALIFORNIA. Mr. JOHNSON, of Arkansas. I will now send this bill, which is an act to provide for the appointment of superintendent of Indian affairs in California, to the Clerk's desk, and I ask the House seriously and in sober earnest, to allow me an opportunity of reporting it back from the Committee on Indian Affairs, with an amendment.

Mr. KING, of New York. I object. There are a great many bills and resolutions which would be presented if the House would give an opportunity for that purpose.

Mr. JOHNSON. I will move to suspend the rules. It is a matter of public importance, and ought to be acted upon.

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

So the rules were suspended.

The bill entitled "An act to provide for the appointment of a superintendent of Indian affairs in California," was then read.

The bill provides for the appointment of a su

perintendent at a salary of $5,000 per annum, and a secretary at a salary of $2,500.

The amendment of the Committee on Indian Affairs proposes to reduce the salary of the superintendent to $4,000.

Mr. JOHNSON. For the information of the House, I will ask that the sections of law which are put in force by the bill, be read. I have no speech to make about the case. The Government is losing thousands and thousands of dollars every month for the want of the passage of this bill.

The SPEAKER. It is a Senate bill reported back with an amendment. The question, then, will be first upon the amendment.

The bill and amendment having been readMr. JOHNSON. I will ask the Clerk to read those portions of the acts which are put in force. The sixth section of the act of May 6, 1822, was read, as follows:

"And be it further enacted, That the President of the United States, by and with the advice and consent of the Senate, may appoint a superintendent of Indian affairs to reside at St. Louis, whose power shall extend to all Indians frequenting that place, whose salary shall be $1500 per annum; and one agent for tribes within the limits of East and West Florida, with a salary of $1,500.

Mr. JOHNSON. I will state to the House the bill puts so much of that law in force as relates to the superintendent, placing him upon the same footing as every other superintendent is placed. I ask that the fifth section of the act of May 25, 1824, be read:

"SEC. 5. And be it enacted, That the superintendent of Indian affairs of St. Louis, and his successors in office, shall possess all the powers and be subject to all the duties of Governors of Territories when exercising the office of superintendents of Indian affairs, and shall exercise a general supervision of the official conduct and accounts of Indian agents within his superintendency."

I will state, also, for the information of the House, that those two sections for the most part attain the object sought for. I ask that the Executive recommendation referred to us at the be

ginning of the session in regard to this subject,

shall be read:

"The means heretofore placed at the disposal of the Department applicable to Indian purposes in California have been manifestly inadequate. It is quite evident that, without the expenditures of large sums of money, our Indian affairs in California and Oregon cannot be properly conducted; and in this connection I respectfully suggest the policy of passing a law establishing the office of Assistant Commissioner of Indian Affairs for that State and Territory. A general and controlling power, more direct than it is possible for this office to bring to bear, is of the highest importance in the adjustment of our relations with the numerous tribes of Indians in those remote portions of our wide-spread domain."

I will state, also, for the information of the House, that instead of complying with this recommendation which proposed to create an assistant commissioner of Indian Affairs, the Senate preferred to send us the bill in such form as will preserve the policy heretofore adopted in regard to these matters, rather than strike out any new course of policy. Therefore this bill comes in the shape of a superintendency. The Government needs it, but I will make no speech about it. I shall call for the previous question, believing the House will prefer to vote, rather than to hear any speech upon the subject.

Mr. JONES, of Tennessee. I do not wish to throw any obstacle in the way. I would suggest to the gentleman a slight amendment.

Mr. JOHNSON. I should like to accommodate the gentleman, but will not assent to any other proposition than that which the committee have offered. After a full consideration they have reduced one salary, and they have offered one amendment. I will not consent to any other. The previous question was seconded, and the main question ordered.

The question was then taken on the amendment, and it was agreed to.

The bill was then, according to order, read the third time.

Mr. JOHNSON. Is the previous question exhausted?

The SPEAKER. It is.

Mr. JOHNSON. Then I ask for the previous question upon the passage of the bill.

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

The question was then taken, and the bill was passed.

Mr. JOHNSON moved to reconsider the vote by which the bill was passed, and to lay the mo

tion to reconsider upon the table; which latter motion was agreed to.

Mr. STANTON, of Kentucky. I ask the unanimous consent of the House to offer the following resolution:

Resolved, That the joint resolution of the Senate authorizing a coutinuation of the work on the two wings of the Capitol, and the bill from the Senate making an appropriation for the repair of the Congressional Library room, be made the special order, and in the order named, for Wed nesday, the 10th instant, to continue so from day to day until disposed of.

Mr. SCURRY objected.

Mr. CARTTER. I wish to inquire if the proposition of the honorable gentleman from Kentucky does not interfere with a pending special order?

Mr. STANTON. That is set for to-morrow, and mine is set for Wednesday week.

The SPEAKER. The operation of the special order would be this: if the former special order conflicted with it, this would have to pass over until the other is decided, and then it would come up.

Mr. CHANDLER. The objection is withdrawn to it, from this side of the House.

The SPEAKER. The Chair hears no objection. Mr. STANLY. I would suggest to the gen

PETITIONS, &c.

The following petitions, memorials, &c., were presented under the rule, and referred to the appropriate committees: By Mr. FLORENCE: Memorial of J. D. Bayne, John Simpson, Alexander K. Young, W. W. Pidgeon, and other citizens of Philadelphia, late assistant marshals of the Uni ted States for taking the Seventh Census, praying additional compensation.

Also, memorial of William Brookfield, Edgar T. Steever, Thomas M. Richards, and others, citizens of Philadelphia, remonstrating against the extension of the "Woodworth Patent for planing boards, &c.

Also, memorial of Richard Hackett, Edward D. Prickett, John Eckert, and others, citizens of Philadelphia, praying for the extension of the "Woodworth Patent" for planing boards, &c.

Also, resolutions of the General Assembly of Pennsyl vania relative to the bridge over the Ohio river opposite Wheeling.

Also, memorial of Charles Lloyd, jr., Alexander H. Smith, James Serrill, and others, citizens of Delaware and

Philadelphia counties, praying that the soldiers of the war of 1812 may be allowed 160 acres of land, &c.

Also, memorial of Samuel J. Burdick, Hugh McCormick, William White, and others, citizens of Philadelphia, pray ing for the extension of the "Woodworth Patent" for planing boards, &c.

Also, resolutions of the General Assembly of Pennsyl vania, relative to the improvement of harbors in the Dela ware bay and river.

Also, memorial of Amos Smith, E. J. Young, David Applegate, and others, citizens of Philadelphia county,

planing boards, &c.

tleman from Kentucky, [Mr. STANTON,] as there ag for the extension of the Woodworth patent for is no objection to making the bill for the extension of the Capitol the special order, that we pass the bill for the Library now. There can be no objection to it, and it is a case in which the members of the House are more concerned.

Mr. STANTON, of Kentucky. If there is time to do it, I have no sort of objection.

Mr. STANTON, of Ohio. I will object to the introduction of any bill.

The question was then taken, and the resolution was agreed to.

Mr. RANTOUL. The gentleman from Connecticut [Mr. CLEVELAND] asks that the Journal may be corrected, his vote being erroneously stated. Upon the motion to lay the bounty land bill upon the table, he is represented as voting nay, when he voted yea.

The SPEAKER. There being no objection, the Journal will be so corrected.

Mr. DAVIS, of Indiana, by unanimous consent, introduced a bill of which previous notice had been given, "granting the right of way and making a grant of land to the States of Indiana and Illinois, for the construction of a railroad from Terra Haute to Springfield and branch thereof;" which was read the first and second time by its title, and referred to the Committee on Public Lands.

Mr. THOMPSON, of Virginia. During my sickness, certain memorials of the Legislature of Pennsylvania were presented to this House in relation to a bridge across the Ohio river, at Wheeling.. I now beg leave to present a memorial of a portion of the members of the Legislature of Pennsylvania.

A MEMBER. Present it under the rule.

The

Also, resolutions of the General Assembly of Pennsylva nia, relative to the construction of a ship canal around the Falls of Sault Ste. Marie by the Government of the United States.

By Mr. FOWLER: The petition of Charles W. Morgan and others, praying that their claim on the United States may be referred to an auditor, for an adjustment and settlement.

Also, the petition of citizens of Plymouth county, Mas sachusetts, praying for an appropriation for the improvement of the navigation of the North river in that county.

By Mr. ASH: The memorial of M. Loudon, P. M. Walker, and 240 others, citizens of Wilmington, North Carolina, against the extension of the Woodworth patent for planing boards, &c.

By Mr. CAMPBELL, of Illinois: The petition of B. G. Wright and others, praying for the establishing of a post route from Warsaw to Augusta, in the State of Illinois.

Also, the memorial of John A. Davis and 22 others, citizens of Stephenson county, Illinois, praying for the freedom of the public lands to the actual settlers.

Also, the remonstrance of D. W. Gould and 80 others, citizens of Winnebago county, Illinois, against the renewal of the expired patent for McCormick's reaper.

By Mr. GAMBLE: The petition of the citizens of Clinton and Union counties, Pennsylvania, asking for the establishment of a new mail route from Logansville, in Clinton county, to White Deer Mills, in Union county.

Also, the remonstrance of the citizens of Pennsylvania, against the renewal or extension of the Woodworth patent. Also, the petition of the citizens of the State of Pennsyl vania, asking for an increased duty upon iron, coal, and glass, for reasons therein set forth.

Also, the petition of the citizens of Union and Perry counties, in the State of Pennsylvania, asking for the estab lishment of a new mail route from Millerstown, Perry county, through Richfield, Juniata county, by way of Mount Pleasant Mills, Middleburg, Centerville, New Berlin, to Miflinburg, in Union county.

By Mr. FULLER, of Pennsylvania: The memorial of 0. Collins, A. J. McClintock, G. B. Nicholson, Charles Deni son, and others, citizens of Pennsylvania, remonstrating against the renewal of the Parker patent.

By Mr. GREEN: The petition of citizens of Ottawa county, Ohio, asking an appropriation of $10,000 for the erection of a breakwater at Ottawa city, Ohio.

Also, the petition of Daniel Redfield, praying remunera tion for the loss of a vessel, destroyed by the enemy while in the service of the United States in the revolutionary war. Also, the petition of Lewis Seitz and 80 others, citizens of Seneca county, Ohio, praying Congress to abolish the office of chaplain in Congress, in the Army, and Navy, and wherever it may exist under the authority of the United States.

Also, the petition of Benjamin Huddle and 62 other citi zens of the same county, for the same purpose.

Also, the petition of citizens of Wyandott county, Ohio, asking the passage of a law authorizing the commissioners of said county to enter, at the minimuin price of $2 30 per acre, a certain lot of land mentioned therein, ontaining fiftythree acres, for the purpose of erecting thereon a county infirmary, for the support of the indigent insane and other purposes.

Also, the memorial of Robert Crum, deputy marshal of Seneca county, Ohio, asking additional compensation for taking the census.

Also, the memorials of S. W. Smith, deputy marshal of Ottawa county, Ohio, Azuriah Root, deputy marshal of Wyandott county, Ohio, and Gilbert Ashley, deputy mar shal of Seneca county, Ohio, asking additional compensation for taking the census.

By Mr. COBB: A petition praying that the several acts of Congress which relate to invalid pensions, be so amended as to embrace the widows and heirs of the officers and soldiers, &c., of the war of 1812 with Great Britain, and the several Indian wars since that date.

By Mr. KUHNS: The resolution of the State of Pennsylvama relative to the construction of a ship canal around the Falls of the Sault Ste. Marie by the United States. Also, the memorial of George W. Clark, deputy marshal of Western Pennsylvania, for additional compensation for taking the census.

By Mr. KING, of New York: Two memorials of citizens of St. Lawrence county, New York, asking Congress

to provide for ship-canals around Niagara Falls, and the Sault Ste. Marie.

By Mr. ROBBINS: A petition signed by A. C. Gibson, and 59 other citizens of the county of Philadelphia, asking Congres to grant the application now before that body for the extension of the patent for Woodworth's planing machine.

Also, one the same subject, a petition signed by Wm. P. Pritchett and 51 other citizens of the county of Philadelphia.

Also, on the same subject, a petition signed by G. S. Williams and 93 other citizens of the county of Philadelphia.

Also, on the same subject, a petition signed by James K. Martin and 80 other citizens of the county of Philadelphia.

By Mr. EDGERTON: The memorial of the Board of Trade of Toledo county, Ohio, for lights and buoys in the Maumee Bay, and for removing obstructions to the navigation thereof.

Also, of citizens of Leipsic, Putnam county, Ohio, praying for the passage of a law for the better observance of the Christian Sabbath, and to prohibit the carrying of the mails on that day.

By Mr. PULLER, of Maine: The remonstrance of J. S. Lord and 109 others, citizens of Hancock county, Maine, against the renewal or further extension of the Woodworth patent planing machine, so called.

Also, the petition of Joseph Allows, and also assistant marshals of the county of Washington, Maine, praying Congress for additional compensation as assistant marshals of United States in taking the Seventh Census.

Also, the remonstrance of Andrew Reig and others, of Luber, Maine, against repealing the act of March 3, 1848, or modifying the same.

Also, the memorial of William P. Brown and 120 others, praying Congress to place certain piers and buoys in the Entrance to Narraguagus harbor.

By Mr. FITCH: The petition of George Pomeroy, assistant marshal of Marshall county, Indiana, asking additional compensation for taking the census.

Also, the remonstrance of J. L. Jarnegan, and other citizens of Indiana, against a renewal of a patent to Austin and Zebulon Parker, for alleged improvement in reaction water wheels.

By Mr. BELL: The petition of William McIntosh and

Also, a petition of citizens of Clark county, Ohio, remonstrating against an extension of the patent granted to W. W. Woodworth for a planing machine; which was referred to the Committee on Patents and the Patent Office.

Also, a memorial of William McFarlane, assistant marshal for taking the Seventh Census in Mahoning county, Ohio, praying additional compensation; which was referred to the Committee of Claims.

Mr. SEWARD presented the memorial of Gideon Hotchkiss, praying an extension of a patent granted to him for certain improvements in waterwheels; which was referred to the Committee on Patents and the Patent Office.

Mr. HAMLIN presented a petition of citizens of Maine, remonstrating against an extension of the patent granted to Austin and Zebulon Parker for improvements in water-wheels; which was referred to the Committee on Patents and the Patent Office.

Also, a petition of masters and owners of vessels at North Haven, Maine, praying the erection of a light-house on Heron Neck; which was referred to the Committee on Commerce.

Mr. CHASE presented the memorial of Charles A. Lamb, assistant marshal for taking the Census in Lucas county, Ohio, praying additional compensation; which was referred to the Committee of Claims

Mr. MASON presented the petition of George Scott, praying a pension for twenty-eight years' service in the Navy as officers' cook; which was referred to the Committee on Naval Affairs.

Mr. ATCHISON presented the petition of Matthew Rippey, praying that a patent may be S. McCay, deputy marshals of Greene county, Ohio, praying granted to Conrad Wheat, junior, or his legal rep

additional compensation for taking the census.

By Mr. WELCH: The remonstrance of 39 citizens of Gallia county, Ohio, against the renewal or extension of the Woodworth patent.

Also, the petition of J. W. Bayard and Leonard Brown, of Athens county, Ohio, for additional compensation as assistant inarshals for taking the Seventh Census.

By Mr. DEAN: The petition of Henry W. Bashford, W. P. Reviere, C. L. Nathens, A. P. Speedling, and others, residents of Westchester county, New York, in favor of the extension of the Woodworth patent.

Also, the petition of James Allen, Thomas Road, and others, citizens of the State of New York, in favor of the extension of the Woodworth patent.

By Mr. HASCALL: The petition of Mary Stanton, for a pension for wounds received by her late husband, General Phineas Stanton, deceased, in the late war with Great Britain.

By Mr. PARKER, of Indiana: The petition of Andrew Heron, Richard Nash, and 75 others, citizens of Rush and Fayette counties, Indiana, praying that mail and post office business be suspended on the Sabbath day.

By Mr. RICHARDSON: The petition of George C. Best

or and 500 other citizens of Illinois for a grant of land to

aid in the construction of a railroad from Burlington, Iowa,

to some convenient point west upon the Missouri river.

Also, the petition of John King and 187 other citizens of Illinois. for a grant of land to aid in the construction of a railroad from Burlington, Iowa, via Peoria, in Illinois, to Lafayette, in Indiana.

By Mr. MOREHEAD: The memorial of R. H. Brown, Francis Watkins, Robert Burns, Archibald Wilson, Harly Brown, Samuel M. Hughes, Jesse Wheeler, Miles D. King, William P. Graves, and John P. H. Russ, assistant marshals for the district of North Carolina, praying an increase of compensation for taking the late census.

Also, the memorial of Thomas D. Rosebraugh and others, citizens of the State of North Carolina, praying the establishment of a mail route from Salem, North Carolina, to Danville, Virginia, and for transporting the mail in coaches. By Mr. MOORE, of Pennsylvania: Two memorials from citizens of Philadelphia, asking for an extension of the Woodworth patent.

By Mr. DOTY: The petition of Daniel M. Whitney, G. A. Lawton, Marshal Ten Eyck, and other inhabitants of Green Bay, for an appropriation for placing buoys to mark the channel at the inouth of the Neenah river, at the head of Green Bay.

Also, the memorial of the Legislature of Wisconsin, for a grant of land to aid in the construction of a railroad from Chicago, via Jonesville, to Lake Superior.

Also, the memorial of the Legislature of Wisconsin, for a mail route and tri-weekly service from Sheboygan to Green Bay.

By Mr. BRENTON: The petition of Egbert B. Mott, assist ant marshal in the State of Indiana, asking additional Coupensation for taking the census.

Also, the memorial of Zebina Rawson, of Noble county, Indiana, asking for a pension.

IN SENATE.

WEDNESDAY, March 3, 1852. Prayer by the Chaplain, Rev. C. M. BUTLER. Mr. WADE presented the memorial of A. W. Paul and others, proposing to construct a road from the Missouri river to the Pacific ocean; which was referred to the Committee on Public Lands.

resentative, for six hundred and forty acres of land according to the plot of survey under the New Madrid location certificate of said Wheat; which was referred to the Committee on Public Lands.

others, of Detroit, Michigan, praying a modification of the act for the reduction of the costs and expenses of proceedings in admiralty; which were referred to the Committee on the Judiciary.

Mr. JONES, of Iowa, presented a petition of citizens of Iowa, praying the establishment of a mail route from Monona to Decorah, in that State; which was referred to the Committee on the Post Office and Post Roads.

Also, the petition of John D. Jennings and others, praying that a contract may be made with Ambrose W. Thompson for transporting the mails from the United States to the western coast of Ireland; which was referred to the Committee on Naval Affairs.

Also, the memorial of Hosea B. Horn and John J. Selman, praying a grant of land at the junction of the California and Oregon roads, for the purpose of making a settlement in order to afford relief to emigrants overland; which was referred to the Committee on Public Lands.

Also, the proceedings of a meeting of citizens of Johnson county, Iowa, held at Iowa City, and of a Railroad convention held at Fairfield, Iowa, in favor of donations of land to the Dubuque and Keokuck, and the Davenport and Council Bluffs railroads; which were ordered to be laid on the table.

Also, the memorial of the Legislature of Iowa, for a grant of land from Burlington to Fort Des Moines, with a branch to Keosauqua, in Van Buren county; which was referred to the Committee on Public Lands.

Mr. WALKER presented a petition of citizens of Carrollton, Ohio, praying that the public lands may be sold only to actual settlers, and in limited quantities; which was referred to the Committee

on Public Lands.

Also, a petition of citizens of Henderson county, Illinois, praying a grant of a section of land to every citizen of the United States upon becoming an actual settler; which was referred to the Com

of Claims.

Also, the memorial of E. Backus and others, officers of the army in New Mexico, praying that the officers and enlisted en stationed in that Ter ritory may be placed on the same footing, as to pay, with those stationed in California and Oregon; which was referred to the Committee on Military Affairs.

Mr. HUNTER presented a petition of news. paper agents in New York and Boston, praying that the duty on foreign newspapers may be abolished; which was referred to the Cominittee on Finance.

Mr. GWIN presented the petition of Thomas W. Lane, for payment of certain drafts drawn and accepted by Government agents, for transportation and subsistence furnished the Indian Commission in California; which was referred to the Committee on Indian Affairs.

Mr. BADGER presented the memorial of J. A. Vann, an assistant marshal for taking the Seventh Census in North Carolina, praying additional compensation; which was referred to the Committee of Claims.

Mr. JAMES presented a petition of citizens of the United States, remonstrating against the further extension of W. W. Woodworth's patent for a planing machine; which was referred to the Committee on Patents and the Patent Office.

Also, a petition of citizens of Perry county, Indiana, praying the organization of the Territory of Nebraska, and the settlement of the public lands therein to which the Indian title has been extinguished; which was referred to the Committee on Territories.

Mr. CASS presented two memorials of meri chants, shippers, ship-owners, underwriters, and

Also, a petition of citizens of Kirkland, Ohio; a petition of citizens of Worcester, New York; and two petitions of citizens of Westford, New York, praying that the public lands may be granted, in limited quantities, to actual settlers only; which were referred to the Committee on Public Lands.

Mr. FELCH presented a petition of citizens of Wisconsin, praying a grant of land to the State of Michigan for the construction of the Oakland and Ottawa railroad; which was referred to the Committee on Public Lands.

Mr. SOULE presented a resolution of the Legislature of Louisiana, in favor of the establishment of a post office at the village of New Road, in the parish of Point Coupée; which was referred to the Committee on the Post Office and Post Roads, and ordered to be printed.

Also, resolutions of the Legislature of Louisiana, in favor of the establishment of a mail route from Harrisonburg to Winnsborough, in that State; which were referred to the Committee on the Post Office and Post Roads, and ordered to be printed.

Mr. BRODHEAD presented a petition of shipowners, merchants, and other citizens of Philadelphia, praying that further aid may be extended to Collins's line of steamships; which was referred to the Committee on Naval Affairs.

Also, the memorial of citizens of Pennsylvania, praying a modification of the bounty land act; which was referred to the Committee on Public Lands.

Also, a petition of citizens of Pennsylvania, praying that the introduction of convicts, felons, and paupers into the United States may be prohibited by law; which was referred to the Committee on the Judiciary.

Mr. DAWSON presented a petition of citizens of Bibb county, Georgia, remonstrating against an extension of the patent granted to W. W. Woodworth for a planing machine; which was referred to the Committee on Patents and the Patent Office. PAPERS WITHDRAWN AND REFERred. On motion by Mr. SHIELDS, it was Ordered, That the petition and papers of Colonel James R. Creeey, on the files of the Senate, be referred to the Committee on Military Affairs.

On motion by Mr. CHASE, it was Ordered, That the petition and papers of Gideon Walker, on the files of the Senate, be referred to the Committee of Claims.

On motion by Mr. BELL, it was

Ordered, That the petition of Henry R. Schoolcraft, on the files of the Senate, be referred to the Committee on Indian Affairs.

On motion by Mr. HAMLIN, it was

Ordered, That the petition of merchants, ship-masters, and others, of Kennebunk, Maine, praying an appropriation to complete the stone pier at the entrance of Kennebunk river, be referred to the Committee on Commerce.

On motion by Mr. BORLAND, it was Ordered, That the petition of Thomas J. B. Johnson, on the files of the Senate, be referred to the Committee on Private Land Claims.

REPORTS FROM STANDING COMMITTEES.

Mr. BRODHEAD, from the Committee of Claims, to which was referred the petition of the sureties of Daniel Winslow, submitted a report, accompanied by a bill for their relief; which was read and passed to the second reading. The report was ordered to be printed.

He also, from the same committee, to which

was referred the bill from the House of Representatives for the relief of William Greer, reported

it without amendment.

Mr. BUTLER, from the Committee on the Judiciary, to which was referred the bill to regulate the terms of the district court of the United

States for the district of lowa, reported it without

amendment.

Mr. BORLAND, from the Committee on Public Lands, to which was referred the bill granting to the State of Wisconsin the right of way and a donation of the public land, for the purpose of locating and constructing a railroad from Fond du Lac to Janesville, reported it with an amend

ment.

Mr. JAMES, from the Committee on Patents and the Patent Office, to which was referred the petition of Bancroft Woodcock, praying for an extension of patent for improvement in ploughs, submitted a report, accompanied by a bill for his relief; which was read and passed to the second reading. The report was ordered to be printed.

Mr. BRODHEAD, from the Committee of Claims, to which was referred the petition of Tobias Purrington, submitted an adverse report.

Mr. HAMLIN, from the Committee on Commerce, to which was referred the memorial of cit

izens of Alleghany county, Pennsylvania, and the

memorial of the inhabitants of St. Lawrence county, New York, on the subject of a ship-canal around the Falls of the Sault Ste. Marie, asked to be discharged from the further consideration thereof; which was agreed to.

Mr. ATCHISON, from the Committee on Indian Affairs, to which was referred the memorial of Preston Staritt and others, asked to be discharged from the further consideration thereof; which was agreed to.

Mr. DAWSON, from the Committee on Patents and the Patent Office, to which was referred the petition of Cyrus H. McCormick, praying an extension of his patent, reported a bill for his relief; which was read and passed to the second reading.

PASSENGERS IN MERCHANT VESSELS. Mr. DAVIS. I am directed by the Committee on Commerce to report a bill to amend an act entitled "An act to regulate the carriage of passengers in merchant vessels," approved February 22, 1847; and also, to amend an act entitled "An act to provide for the ventilation of passenger vessels," approved March 17, 1848.

Mr. D. I will ask the indulgence of the Senate to take up that bill now.

The bill was read, and ordered to a second reading.

Mr. DAVIS. It is rather important, if this bill is passed at all, that it should be passed speedily. I will state the object of it, and the Senate will see the propriety of the motion to take it up. The acts relating to passengers, which are referred to in this bill, and of which this bill is an amendment, provide for certain penalties in case of the violation of their provisions, and these penalties are made a lien upon the vessel. The courts in New York have fallen into some doubt and difficulty in regard to enforcing the provisions of the last named act by the lien. The object of this act is simply to provide that the lien shall attach to the vessels in all cases; and the reason why I wish it acted upon now, is this: the principal usefulness of the act is its application to foreign vessels, and if its application is not immediate, and the for

eign vessel leaves the port of this country, the lien becomes of no utility whatever. The bill which I now propose to the consideration of the Senate, provides that the lien shall attach immediately to the vessel, and that the party may relieve himself from that lien by giving a bond to secure the execution and the judgment, if one be rendered against him.

The provisions of this bill are all quite necessary and important, and are placed on as favorable a foundation for the parties as they can well be. There is now considerable complaint in New York that foreign vessels violate these laws, and escape their penalties because the lien does not attach to the vessels, thus giving them an opportunity to go away and escape the penalty.

The bill was then read a second time. It consists of two sections, the first of which provides that the first section of the act to regulate the car

riage of passengers on board of merchant vessels, approved February 22d, and the eighth section of the act of March 17, 1848, be so amended as to provide that when any master of a vessel shall violate the provisions of these sections by taking on board their vessels a greater number of passengers than the proportion specified in said section admit, the master of such vessel shall pay the sum of $50 for each passenger so taken; the penalty to be recovered and distributed in like manner as is

provided by the act to regulate the duties on tonnage; and that every such master violating the sections as aforesaid, shall be deemed guilty of a misdemeanor; and, upon conviction, may be imprisoned for any period not exceeding one year.

The second section provides that the penalties thus imposed shall be liens upon such vessels, and they may be libeled in the district courts of the United States held in the several States where such discharged from such lien by security being given vessels may arrive; but that such vessel may for the payment of any judgment thus obtained.

be

There being no amendment, the bill was reported to the Senate, and was ordered to be engrossed for a third reading.

NOTICES OF BILLS.

Mr. GWIN gave notice of his intention to ask leave to introduce a bill to authorize the payment by the Surveyor General of California for the surveys which may be executed of any claims which have been or may be presented to the Board of Land Commissioners for adjudication under the act of Congress approved 3d March, 1851, "to ascertain and settle the private land claims in the State of California."

Mr. MORTON gave notice of his intention to ask leave to introduce a bill granting the right of way to "the Pensacola and Navy-Yard Plank Road Company" through the public lands.

BILLS INTRODUCED.

Mr. SEWARD, agreeably to previous notice, asked and obtained leave to introduce a bill for the relief of James McGregor; which was read a first and second time by its title, and referred to the Committee on Patents and the Patent Office.

He also, agreeably to previous notice, asked and obtained leave to introduce a bill to provide for the safety and the health of emigrant passengers in merchant vessels; which was read a first and second time by its title, and referred to the Committee on Commerce.

Mr. ATCHISON, (on behalf of Mr. BRIGHT,) agreeably to previous notice, asked and obtained leave to bring in a bill explanatory of an act entitled "An act in addition to an act therein mentioned," passed May 9, 1851; which was read a first and second time by its title, and referred to the Committee on Public Lands.

SUPERINTENDENT OF INDIAN AFFAIRS.

The Senate proceeded to consider the amendment of the House of Representatives to the bill to provide for the appointment of a Superintendent of Indian Affairs in California, and it concurred therein.

From explanations made by Senators, it appeared that the amendment consisted of the reduction of the salary from $5,000 to $4,000. Subsequently the bill was received from the House, with the signature of the Speaker, and it was signed by the President of the Senate.

CHARLES G. HUNTER.

The following resolution, which was submitted by Mr. CLEMENS on the 24th ultimo, was, on his motion, taken up and agreed to:

Resolved, That the Committee on Naval Affairs be instructed to inquire into the expedieney of refunding to Charles G. Hunter the amount of losses sustained by him while commanding the steamer "Scourge" and the schooner "Taney," for supplies, for which the proper vouchers were not taken.

ASSIGNABILITY OF LAND WARRANTS.

Mr. BADGER and Mr. HUNTER expressed the hope that the Senate would take up the bill making land warrants assignable, in order that the amendment from the House of Representatives might be disposed of.

Mr. JONES, of Iowa. I hope that bill will not now be taken up. There are serious objections in my mind to its being taken up. In the first place, the Senator from Maryland [Mr. PRATT] desires to speak upon the bill, as it has been he is not here. In the second place, I have obamended by the House of Representatives, and jections to it, because if we are to have a grant of and given to us to make a railroad in Iowa, we do not want the land located by land-warrant speculators. We desire that these lands shall be will avail but little; but if these warrants are asheld back for that purpose; otherwise the grant signed, the assignees will immediately locate them on the intended route. I trust that, for that reason, also, this bill will not now be taken up.

Sir, there is still another reason which I would urge. My colleague [Mr. DoDGE] is prepared to proceed with his remarks on the Iowa land bill, on which he has the floor. The consideration of that bill is the unfinished business, and I trust it

will not be laid aside for this or any other meas

ure.

Mr. BADGER. The reasons assigned by the Senator from Iowa, show the manifest propriety opposed to this bill altogether. of taking up this bill. If I understand him, he is

Mr JONES. I did not say so, nor did I mean to be so understood.

Mr. BADGER. Then what possible influence can it have upon the particular bill of which be has charge, whether this bill is taken up and disposed of this week or next? Sir, it is almost unexampled, that a bill, which has come from the House of Representatives with an amendment, and been referred to a committee, and been re

ported back by that committee, should be allowed by the Senate to lie over so long, without its acuon either in concurring in the amendment of the House, or in rejecting it.

Mr. DODGE, of Iowa. I do not wish to interrupt the Senator from North Carolina; but I hope my colleague will give way, and permit this bill to be taken up.

The motion to take up the bill was agreed to.

The PRESIDENT. This bill has been returned from the House of Representatives with an amendment. This amendment was referred to the Senate committee, and that committee have reported it back, recommending that the amendment be not concurred in.

Mr. BADGER. I have no objection to any particular form of taking the question; but I am 80 anxious to get rid of the matter that I will move that the Senate concur in the amendment of the

House.

The PRESIDENT. The question is on agree ing or disagreeing with the amendment. If the Senate determine not to agree to the amendment, then the bill goes back to the House.

Mr. BRODHEAD. I ask for the reading of the House amendment.

The amendment was accordingly read. It proposed to strike out all after the first section of the bill, and insert a provision that warrants, which have been, or may hereafter be, issued in pursuance of the act of 1850, 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, that when said warrants shall be located upon lands which are subject to entry at a greater minimum than $1 25 per acre, the locator of the land warrants shall pay to the United States in cash the difference between the value of such warrants at $125 per acre, and the tract of land located on.

Mr. WALKER. I believe that the Committee on Public Lands recommend that the Senate disagree with the amendments of the House of Representatives.

The PRESIDENT. That is the recommendation of the committee.

Mr. BADGER. Out of deference to the com