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With its army of employeés, with its contracts to let, with its agencies to purchase the entire surplus of the corn and forage of the country, and with its easy means of communication by express at Government expense, it proved itself very formidable; and this influence, with some honorable exceptions, was thrown against the State party.

This web of influence, extending to the frontiers of New Mexico, was, like the other, organized, and, like it, also, easily managed from the center; and the managers of both webs were acting in concert, and, as has already been told, against the State party.”

The managers of both webs are here, Mr. Speaker, and they are Houghton and Reynolds:

"Nor is this all. In the first days of February of this year, the government printing press, the only available one in the country, was sold, and fell into the hands of the territorial party. Being owned by an ariny sutler and contractor, and edited by the chief judge under the military government and the chief clerk of the quartermaster, all communications of the State party were excluded from the columns of their paper. They refused to print ballots for the State party, who were obliged to write tickets (the election being held by ballot) to the number of fifteen or twenty thousand.

"With the press against the State party, the office-holders against it, and the moneyed interest of government against it, it cannot be said, Mr. Editor, that the State movement was born of or grew to manhood by executive influence; but, rather, it must be admitted that the voice of the people has made itself heard under very difficult cir

cumstances.

"The difficult boundary question will, it is confidently expected, soon be settled by the assent of Texas; and, the boundary difficulty at rest, New Mexico stands in the same attitude as California did previous to her admission, and in the same attitude as Michigan precious to her admission, and after the adjustment of her boundary difficulties with Ohio and Indiaua.

"New Mexico asks for no more than justice. She asks it of all parties and all sections. She comes here unconnected with any party or any section. Of her delegation, two are Democrats and one Whig-two southern and one northern born. She appeals to the whole United States, and claims as a right, if her constitution is republican, to be admitted to the enjoyment of all the blessings of liberty. With much respect, I have the honor to be, sir, your obedient servant, R. H. WEIGHTMÁN.

"P. S. I omitted in my communication to refer to the correspondence, already published in the newspapers, between Governor Alvarez and Colonel Munroe, in which the latter expressed his determination to resist the operation of the State government "with all the means at his disposal," as furnishing evidence that the military commander was not favorable to the State movement or State party.

By inserting this with my communication, you will

confer a favor.

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Now, Mr. Speaker, you will be surprised at the amount of pains I took to reform that military government. I have a perfect stock of charges here, made by me against it to Governor Munroe for oppressions, upon the people, to not one of which did he pay any attention. I will refer to these by their heads, intending to publish them in extenso. The first is the case of Judge Houghton-the chief judge of Colonel Munroe, the fountain of justice in New Mexico. I charged him with a variety of iniquities—of putting other people's money in his pocket, of never paying over anything he got his fingers on, and of gross official misconduct. He is one of the respectable constituents, quoad hoc, of the honorable gentleman from Missouri. [Laughter.]

Here is the document at large:

SANTA FE, (N. M.,) December 1, 1849. Influenced, sir, by duty and inclination, I lay before you charges of a most serious nature against the highest judicial officer in this Territory-Judge Joab Houghton; charges so serious, that, if true, it is an act of mere justice to the community that he should be removed from office.

In consequence of peculiar, agitating, and dangerous ques tions which now exist in the United States, it has been thought proper and even patriotic in Congress, to withhold from us a territorial organization, which, except for the agitating questions there existing, we would doubtless long since have obtained.

As it is, a de facto government obtains here of a most anomalous character, having no parallel in our history, opposed to the spirit and genius of our institutions and laws, and unrecognized by any competent authority.

This government de facto was established under the laws and usages of war; and upon the conclusion of the peace, February 2d, 1848, having been found in existence here, to prevent anarchy, continues by the acquiescence of the authority, whatever it may be, which is competent to change it.

Under this government, as it actually exists, the Governor exercises military, executive, and legislative functions.

To show that he has exercised legislative functions, I make reference to orders No. 10, dated February 5th, 1848, laying duties and taxes, providing for their collection and for the payment of salaries, creating offices, &c.

I presume, however, that no argument is necessary to prove that the Governor has the power under this government, as it actually exists, whether legally or not, to relieve the community of a corrupt, ignorant, or objectionable judge. In making charges, it is necessary to be precise, and to enter into particulars; otherwise the accused will have just cause to complain that he is tried on charges which are undefined, and to which, therefore, it is not possible to make a defense.

Though by entering into unpleasant, though necessary details, I may, in the eyes of the undiscerning, appear to want good taste, I shall not refrain from so doing; preferring rather to deserve this censure, than to subject myself to the charge of concealing from the accused that which is brought against him.

In the form, then, of charges and specifications, I accuse Judge Joab Houghton, as follows:

Charge 1st. His conduct has been characterized by breaches of faith of such a nature, that the continuation of him in so elevated and responsible a station, can but have the effect of lowering in the eyes of the public the standard of American character.

Specification Ist. It has been substantiated in a court, to the satisfaction of a jury, that he has received, as the agent of Colcord & Hall, a sum of money exceeding $3,000, and not paid the same to his principals.

Specification 2d. He has received money as the agent of East & Anderson, for the specific purpose of paying duties under orders No. 10, of date February 5th, 1848, and instead of paying the money into the hands of the collector, placed therein, in lieu of money, his audited accounts for his salary as judge, which accounts were received as cash; and subsequently, when that part of orders No. 10, laying and collecting of duties was annulled, he withdrew said audited accounts from the hands of the collector, and replaced the bonds of East & Anderson, which said bonds are now in the hands of the collector, and money of East & Anderson in the hands of Judge Houghton.

Specification 3d. That on or about the 19th day of June, 1848, he was engaged in business as a merchant, being a partner in the firm of E. Leitensdorfer & Co.; that about that date, the firm of Leitensdorfer & Co. introduced into Santa Fé goods, the original cost of which, including the outfit, was not less than $100,000; that subsequently, on or about the 21st day of September, E. Leitensdorfer and Joab Houghton dissolved partnership; that on or about that date, E. Leitensdorfer left Santa Fe, appointing Joab Houghton his agent and attorney for the transaction of business; that on or about the 11th day of December, 1848, E. Leitensdorfer made an assignment of all his effects for the benefit of his creditors; that the effects assigned amounted to about $40,000, and the ascertained debts of the firm to more than $116,000; that between the dates June 19th and December 11th, E. Leitensdorfer was, for the greater or a great part of the time, absent from Santa Fé, the place of the house of business of the firm, and that the deficit is not account ed for; that nearly all, if not all, of the goods taken South for sale by the said Leitensdorfer are accounted for, while the part left in Santa Fé generally under charge of said Houghton, is the part not accounted for; and that this failure is fraudulent, and Judge Houghton guilty of the fraud. Specification 4th. So much of the specifications under charges second and third as may be applicable to this charge. Charge 2d. His occupying his position on the bench amounts to a denial of justice, in a large class of cases. Specification 1st. The case of Campbell es. Leitensdor fer & Co., involving about $8,000, was brought by attachment, based upon an affidavit of fraud, on the 26th day of May, 1849, and was in due course for trial at the June term of that year, but could not be tried, because the judge was interested; it could not be tried at the October term for the same reason, and cannot be tried for the same reasons under existing circumstances, so long as Judge Houghton occupies his present position.

Specification 2d. The case of Kelly vs. Leitensdorfer & Co., involving about $8,000, based on affidavit of fraud, was filed June 30, 1849, and was for trial in due course at the last October term, but could not be tried, and cannot be tried for the same reasons as above.

Specification 3d. The case of Webb rs. Leitensdorfer & Co., involving about $8,000, based on affidavit of fraud, was filed June 30, 1849, and was for trial in due course at the last October term, but could not and cannot be tried, for the reasons set forth in Specification 1st of this charge.

Specification 4th. There is now in the hands of the undersigned, liabilities of the firm of E. Leitensdorfer & Co., and bills against it for the gross sum of $3,659 70, to recover which six suits will be necessary; but have not filed suits, because he has not been able to discover property of that firm, the court having declared that it will adjudicate no point about which there is a contest.

Specification 5th. There is now in the hands of Mr. Biggs, by the agreement of all the parties to the suits, a large sum of money abiding their issue, and must there remain until they are decided, to the great damage of the owners thereof. Specification 6th. There are a number of other creditors of E. Leitensdorter & Co., who would bring suits, if they believed justice could be obtained.

Specification 7th. By the death or going away of important witnesses, the ends of justice, which are now delayed, may be entirely defeated.

Specification 8th. So much of the Specifications under charges 1st and 3d, as may be applicable to this charge. Charge 3d. Ignorance of law, and disregard to his obligation as a judge.

Specification 1st. Before trial, out of court, he has expressed the opinion that a man about to be tried for his life was a murderer.

Specification 2d. He has admitted to bail the man whom he said was a murderer.

Specification 3d. He has written articles in the Santa Fé Republican concerning a point of law, about in due course to come before him for decision, on which depended a large class of cases involving a sum of money exceeding $80,000. Specification 4th. Had he adjudicated on the bench as he adjudicated in the newspapers, he would have been benefited by the adjudication.

Specification 5th. At a meeting of the bar, held in the city of Santa Fé, on or about the 26th of July, 1849, at which meeting were present Messrs. Smith, Tuley, Angney, Wheaton, West, Pillans, Ashurst, Beach, Hall, and Weightman, the question was discussed as to the propriety of inviting Judge Houghton to resign; at this meeting it was the opinion of all the members present, that he was incompetent to fill the office, and eight of their number signed a letter requesting him to resign, two of them declining to sign the letter on personal grounds; the two who declined being Mesers. Smith and Hall.

Specification 6th. So much of the Specifications of Charges 1st and 2d as may be applicable to Charge 3d.

The witnesses to prove the above charges and specifications are at present in New Mexico, how long they will remain there it is impossible to say.

I have to request, therefore, as early notice as possible may be afforded me, that an investigation will be had; the commission, or whatever other body or person to whom these charges, &c., may be referred, should have power to send for persons and papers.

With much regret that I have to trouble you with so disagreeable a matter, I am, sir, very respectfully, your obedient servant, R. H. WEIGHTMAN. Brevet Colonel JOHN MUNROE,

Civil and Military Governor of New Mexico.

It may be proper to mention that I sent word to Colonel Munroe's Fountain of Justice that I had preferred charges of a grave character against him, and that if he would seek of Colonel Munroe, with me, an investigation, and I could not make the charges good, I would freely and cheerfully, as publicly as I had made, retract them and make amends. He did not seek an investigation, notwithstanding he very much desired my good opinion. He has applied to me for a certificate of character. He applied in these words:

SANTA FE, September 9, 1849. SIR: In consequence of slanderous words used by you in conversation with Lieutenant Taylor, at the sutler's store, in Albuquerque, with J. L. Hubbell, Esq., at Socorro, at Santa Fé, and generally throughout the Territory, within the last few, I demand of you an unequivocal retraction of such slanders, or the satisfaction due from one gentleman to another J. HOUGHTON.

R. H. WEIGHTMAN, Esq.

To this anxiously-expressed desire to obtain from me a character, I courteously replied to his friend who handed me his application, from which reply I extract as follows:

SANTA FE, September 19, 1849. SIR: I received at your hands a note from Judge Houghton, of this date, in which he is pleased to say that, in consequence of words, which he characterizes as slanderous, used by me to Lieutenant Taylor in Albuquerque, to J. L. Hubbell, Esq., in Socorro, at Santa Fé, and generally throughout the Territory, within the last few “days,” (I suppose was intended, a word being left out,) he demands ot me an unequivocal retraction of such slanders, or the satisfaction due from one gentleman to another.

Besides the application of the word slanderous to my words, I have an objection to make to the general tenor of his note, which is this: it leaves open the inference that I made the remarks alluded to not in Judge Houghton's presence. To rebut which inference, I have to say, that three or four months ago, it became my duty, as counsel in the case of Colcord & Hall rs. Smith D. Town, to comment upon the conduct of Judge Houghton, in receiving, as the agent of Colcord & Hall, a large sum of money, in the neighborhood of $3,400, and not paying the same over to his principal, as it was intended he should, and as he was trusted to do. In my remarks to the jury, the judge was spoken of as a faithless agent, and it may perhaps not be inappropriate to mention that the jury found a verdict in accordance with the theory laid down by myself and the other gentlemen with whom I was associated on that occasion. Judge Houghton was not present on this occasion, but my remarks and the finding of the jury are matters of public notoriety.

Again, in Socorro, at which place he refers to a conversation with Mr. Hubbell, I made the same or similar remarks in a public speech to the people, Judge Houghton being present, and distant perhaps six feet from me at the

time.

I deem this statement due to myself, in order to make it apparent that I have in no wise secretly assailed the character of Judge Houghton.

In conclusion, I have to say that in consideration of the fact that Mr. Houghton occupies at this time the important position of chief judge in this Territory, and is recognized as a gentleman by persons of high standing, yourself among the number, I feel myself at liberty to accept the latter of I accept the alternatives he has been pleased to offer me. his challenge, and will meet him this day at as early an hour as can conveniently be agreed upon between yourself and the gentleman who will hand you this.

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We did meet that day, and he got no certificate of character or any concession whatever. He was willing to risk his life to obtain my indorsement of him, but feared to meet an investigation. He proposed trial by wager of battle, and lost his cause, but declined meeting the more modern and less barbarous trial, (proposed by me,)—by the examination of sworn witnesses.

In reference to this memorial Colonel Munroe took no action.

Here is another document-which is a complaint that certain of the civil authorities (who are removable at the will and pleasure of Colonel Munroe) interfered with the rights of the clergy and people of New Mexico freely to exercise their religion. Here it is:

By the authority of the Vicario, Mr. Juan Felipe Ortez, the chief ecclesiastic of the Catholic Church in this Territory, to whom has been confided the control of all ecclesiastical affairs pertaining to that Church here, I bring to your

notice certain infringements on the right of that Church freely to exercise its religion.

I am authorized in saying, that the Vicario perfectly understands his responsibility to the Government under which he lives; he knows that he is amenable to the laws, as a citizen or resident, in the same manner as any other citi zens or residents. The Vicario, however, should be able to enjoy the right to exercise the functions which the Church to which he has attached himself has conferred upon him, otherwise that Church is deprived of “the right freely to exercise its religion," which right is guarantied by the Constitution of the United States.

As

In speaking of the Church, I wish to be understood to mean those persons, who, entertaining similar religious sentiments, voluntarily conform themselves to a certain set of opinions, and conform themselves to certain rules. With that understanding, then, the Catholic Church in New Mexico comprehend those persons who conform themselves to the worship, and discipline, and government of that Church as it obtains here. It is the practice of all the churches to adopt rules or laws for their own government, and this necessary practice is not restrained by law. an instance, the Episcopal Church contides the care and control of the church property to the vestries of the different congregations, and there it is, under the protection of the law, not because of any municipal law, but because it is the law of the Church. In the Catholic Church here, as well as in other parts of the United States, the property of the Church is confided to the care and control of the Bishop of the Diocese, as is also the discipline, worship, and government thereof, and by him is subdivided as may be necessary or convenient. This state of things prevails in New Mexico; the Bishop of Durango, to whose diocese New Mexico has until recently belonged, confided the particular control here to the Vicario, whom he holds responsible that that control is judiciously exercised; and the Vicario, in his turn, has subdivided it among the curates of the different parishes, whom he holds responsible.

This law, custom, or usage, be the same general or special, has been adopted by the Catholic Church, and is not forbidden by law. When it is forlidden, then will the right of that Church freely to exercise its religion have been infringed. So familiar is the faet to all in the United States, that no civil authority has a right to interfere in matters of church discipline or government, that the assertion of it must pass for a trite truism. Notwithstanding this, the following outrages have been perpetrated here in New Mexico:

The limits of parishes, as they have been arranged under the authority of the Church, have been altered by civil offi- || cers to suit their ideas of propriety or convenience. This has been done in reference to the parishes of Socorro, Albuquerque, Belem, Tomé, and perhaps others; and it is believed by the authority or connivance of Judge Antonio José Otero.

-Since the arrival of the American troops in this country, a Secretary of Territory and acting Governor has suspended, or attempted to suspend, Mr. Juan Felipe Ortiz from his ecclesiastic functions as Vicario; threatened to banish a priest, who suggested a doubt as to his power to do so; and finally ordered that priest to take advantage of the first opportunity to leave the country. This was done by Mr. Donisiano Vigil.

An alcalde, in the absence of the parish priest, has demanded the keys of the church of Tomé from the Sacristan; opened the church; taken from it the sacred vestments and consecrated vases,and delivered them to Nicholas Valencia, a non-conformist and suspended priest, to celebrate a marriage and mass. This was done by an alcalde of Valencia county.

An alcalde has directed Friar Benigno Cardenas, a nonconformist, suspended priest, and refugee from justice, to go to the parish of Tomé, and receive, without excuse or protest from José de Jesus Baca, the regularly appointed parish priest, the delivery of the church property, taking an inventory of it. This was done by Alcalde Vicente Amijo, of Valencia county, and Friar Benigno Cardenas is now exercising his forbidden functions in the parish of Tomé, from which Padre Baca is excluded.

Two suspended priests are at this moment exercising ecclesiastical functions in the county of Valencia; to this there is no objection. When any members of a church, lay or ecclesiastical, desire to apostatize, they have the right to do so, and, if they please, to be the founders of another creed. In doing this, however, they have no right to seize upon or occupy the temples of the church from which they apostatize. If they are ambitious to be reformers, they must do as the Protestants did of yore-draw off from the Catholics; build temples of their own, and leave the property of that Church where they found it, in the bands of the owners, the Catholic Church.

The suspended priests alluded to, Friar Benigno Cardenas and Priest Nicholas Valencia, are now occupying parishes or temples, from which the civil authority, without judicial decision, have ousted their predecessors. This matter stands on very simple ground. Padre Otero, at a certain date, was in possession of the temple at Belem. Padre Baca, at a certain date, was in possession of the parish of Tomé, with its dependencies, and without judicial decision on either the right of property, or possession, were ousted by the civil authority, and their places filled by nonconformists, or, which is the same thing, by apostates. Now, whether the possession of Padres Baca and Otero was founded on right or not, nothing can be clearer than that they should have been permitted to retain that right until deprived of it by due course of law.

The ousting of Padres Baca and Otero, if done under color of law or authority, not having been effected by judicial decision, or legislative enactment, must have been done by executive acts. Of the executive here, you are the undoubted head; and I therefore request, as an act of justice at your hands, that the Catholic Church be restored to the possession of the property of which she has, without law, been deprived by executive acts. And inasmuch as a change of government will soon be had here, and because of the ignorance of the present judiciary, (not one of the judges having been bred to the law,) to prevent future difficulties, I suggest that the courts be restrained from taking

cognizance of cases involving property of the Church-unti
a new government is legally in operation, or until the
bench of New Mexico is occupied by less ignorant persons.
Should you, sir, deem it proper to make investigations
concerning these matters, I caution you against the Secre-
tary of Territory, Mr. Douisiano Vigil.

It is within my knowledge that when Colonel Washington,
desirous of giving relief in one of the cases above cited, off-
cially directed Mr. Vigil to write to Prefecto Manuel Otero to
annul the order of Alcalde Vicente Armijo, and restore Padre
Baca to his original position, that Mr. Vigil did dispatch
such an order; and also, and without authority of Colonel
Washington, an old order of his; which old order, as will
be perceived by the second hote of Prefecto Otero, dated
October 21, is made the basis of special pleading, which
has resulted in Padre Baca's being still excluded, though
the express object of Colonel Washington was to reinstate
him. I have also to say, that the identical reasoning con-
tained in the second note of Prefecto Otero was used in
conversation with me by Mr. Vigil.

Among the documents which I lay before you, I had in-
tended to include the decree of December 24th of last year,
referred to in one of the papers I lay before you; but have
not been able to obtain from Mr. Vigil a copy, though I
have made as many as four or five personal applications
for it.

In conclusion I have to say, that all the material facts in
the above can be substantiated by affidavits or documents.
Very respectfully,
R. H. WEIGHTMAN, Attorney.

To Brevet Colonel JoHN MUNROE,

Civil and Military Governor of New Mexico.
On this complaint, Colonel Munroe took no ac-
tion.

Here are two letters of my own bringing to the
notice of Colonel Munroe further outrages, togeth-
er with a respectful memorial signed by one hund-
red owners of a church, declaring that they had
been disturbed in the enjoyment thereof, and hum-
bly requesting that he would examine into the
conduct of their oppressor and remove him from
office.

SABINAL, June 18, 1850.

SIR: At the request of the people of this vicinity, have drawn up in Spanish a memorial directed to you. Or this memorial I send a copy in English.

I was sent for by express to Albuquerque by Don José Chavis, informing me that he would like me to repair to this place with all dispatch, as he feared, unless the people were pacified, violence might be committed, as the authorities were attempting to force upon the people, against their will, Padre Cardenas.

Padre Cardenas is the same person who was attempted to be forced on the people of Toine, which outrage Colonel Washington countermanded, as you will perceive by the papers I had the honor to lay before you. Upon iny arrival in Los Lunas, I met persons who informed me that Judges Houghton and Otero had arrived in that place, and that for the present all was quiet. I remained in Los Lunas, and in the morning discovered that the judges, together with the prefecto, had set out on the evening before for Sabinal, a second time. I therefore hastened on. On my arrival in Belen, I was informed that the people (of Sabinal) were in a state of revolution, and that Colonel May with his company was there, &c. From Belen I galloped to this place, but found the people working in their fields, and that Colonel May had neither arrived nor been heard from. The judges had also passed below, though the Prefecto was still there, justifying the conduct of the alcalde, and threatening the people with the consequences of their insubordination. Colonel May has since been heard from, and declines interfering.

Since hearing from Colonel May, the alcalde has cited, through the constable, armed men to be present, to assist him in enforcing order, for which there is no cause, as order prevails, and will prevail, unless be disturbs it. The armed inen have not yet made their appearance, and I presume will not.

Of one thing I can assure you--that though determined to resist the entrance of Padre Cardenas into their church, no people who are so anxious can be more peaceable. agree with the people entirely that the whole is an electioneering trick, to intimidate the people into voting for the existing authorities.

The people here are anxious for you yourself to examine into this matter, and not to delegate the examination to either of the judges, or the prefecto, as they believe that the whole originated with thein.

Houghton, who had been at Otero's house, and Otero arrived, though not in company, on the same day, and Cardenas on the day before. On the arrival of the judges operations commenced, and rumors of assassination and revolution, in the midst of which I am living, enjoying the good things of this life with much relish, and with an abiding confidence in the virtue of the people, and none whatever in the judges and prefectos.

The Mexicans are learning rapidly their rights, and in a
few more elections cannot be imposed upon by any pre
tended authority. Six months ago two judges, a prefecto
and alcalde could have done what they pleased out of
Santa Fé or Taos; but Democratic doctrines are very pro-
gressive, and much liked by every people who have had an
opportunity of witnessing their operation. I have every
confidence in the virtue of the people. The only thing of
which I have any fear is the wholesale frauds, which
experience has taught me to expect.

Be so good as to preserve this letter, as I desire to make
a copy. Very respectfully yours,
Colonel JOHN MUNROE,

R. H. WEIGHTMAN.

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worship that for a long time past we have suffered many injuries at the hands of the alcalde, Jesus Silva, and that in the last few days, to wit, on Sunday last the 16th of tha mouth, he, the alcalde, attempted to force on the people, against the will of a great majority of the owners of the church, the friar Cardenas, that he might periors a mas in the church.

The pretext of the alcalde for this act is, that the Cura Otero, our regular cura, has not performed mass for some time. The reason why the Cura Otero has not performed mass is that this same alcalde, some time since, put hiri the public jail, and for this reason the cura tears to he bere until this alcalde may be removed from offer, or he can have confidence that his rights will be respected.

The owners of the church in all are one hundred and nineteen. We send a list of more than one hundred. We desire to say, that it is our desire to obey the laws, ad deport ourselves as good citizens; but it is not possible ta submit ourselves with patience to the tyrannical and il gu conduct of Alcalde Jesus Silva. We desire your wor-isp to examine yourself into the conduct of the alealde.

It is necessary for us to say, that the alcalde, Lefore b act of Sunday last, was in company on that same day y the circuit Judges, Houghton and Otero, and that afterwards the prefecto arrived here, and has condemned the proje and approved the alealde.

We desire to say very respectfully, that it will not be ot for your worship to order either of the Judges, Houghton or Otero, or the prefecto to decide upon the conduct of væ alcalde; for we think them equally interested with be; and we say to your worship, with all respect, that the art of Sunday last was nothing more than a project to use date the people, and to obtain votes in the election soon ta take place.

In fine, we desire to conduct ourselves as good citizens; but we do not care to be subjected to this alcalde; and or this reason we send you this letter, to say that we bi fear of his bad acts, and to petition your worship to suspend him until you can examine into his conduct. With much respect, &c.

Signed by one hundred of the citizens of Sabinal, owners of the church.

To the Governor Jons MUNROE.

SABINAL, June 19, 1800 S:R: Last night I dispatched a courier from this place, with a petition, signed by more than one hundred per informing you of the arbitrary conduct of Jesus Silva, ud praying that he might be suspended from his functions ar you could examine into his conduct, and requesting tha neither Judge Houghton nor Judge Otero, or Prefecto Raja Luna, might be detailed to make the examination as they were believed to be equally culpable with the alcalde.

I have now to report to you other outrages attempted 159 be committed. This evening, while in company with Pr Torres, José Armijo, and another, before the house of the first, there arrived the constable of Belen, with two oĽT persons, with a document, (of which I send you an exact copy,) directing said constable to go to the house of Jese Armijo, and seek of him a list of persons who, in company with him, had embarrassed the arrangements or dispositi of the alcalde. It is stated in this document that this ast was understood by report, to be in possession of said Armijo. This is supposed to be the saine list which was lat night forwarded to you. The constable was further direct to take the bodies of José Armijo and of all the persons mentioned in the list, and bring them before the honoratie Prefecto Ramon Luna, to-morrow at sunrise, there to have their offense examined into. To-morrow, I beg you to notice, is the day of the election, and the persons whos? names are signed to the list, all to a man are opposed to the existing civil authorities. The capture of so many people it was doubtless supposed would have the effect of intimdating the people, between this point and Los Lanas, besides having the effect of depriving the captured of the right of

voting.

This citation being illegal from beginning to end, I advised Don José Armijo, not to notice it. The people here a much frightened, and have offered to pay me to stay and defend them. Still these are the people who are represented as being in a state of revolution. They expect, and with good cause, to be harassed with fines and imprisonment by the authorities.

The people up to this time, have not committed a single illegal act; but if they are harassed still further, it is possi ble that through ignorance they may err. It is because of this fear that they desire me to remain with and advice them. They desire to maintain their rights, but not to break the law. If a wrong has been committed, then is the whe population, with not more than fifteen exceptions, implica ted. A simple remedy for the existing evils, I take ta liberty of suggesting; it is this: for you to direct the authorities here to indict, before the grand jury, all the culpabie; and, in the interim, not to trouble them more concerning this matter. The investigation will then be conducted by the prosecutor of the Territory, and then if the people have offended, they will then be punished and not annoyed be petty molestations. I have to say, moreover, that it is of the utmost importance, to examine into the conduct of the alcalde. I have further to say, what I have before laid be fore you, that very few of the civil authorities are capable or desirous, of examining dispassionately into the conduct of others of their number; as they are, as I have had the honor of stating to you, banded together for mutual protec tion in their iniquities. The prefecto of the county of Bernalillo is particularly objectionable; indeed, I know of but one prefecto, whose character I am acquainted with, whom I consider competent to the task, and he is the prefecto of San Miguel, Mr. Grolman-with this gentleman I have no personal acquaintance, and his political views are opposed to mine, but he has the character of an upright, honorable, and sensible man.

As I mentioned in my communication of last night, that the cause of the difficulty here is, that the alcalde attempted to open the church that Friar Cardenas, a suspended priest, might perform therein a mass. To this step of the alcalde more than one hundred, of the hundred and twenty owners of the church, objected, signing a paper to this effect: "We

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do not care for Pedro Cardenas ;” or, in other words they did not desire his services. Mr. José Armijo, an elderly gentleman of good repute was deputed spokesman, and, in company with a number of the congregation, told the alcalde that it was against their will for Pedro Cardenas to say mass in their church, The alcalde replied that he had the power, and did not recognize that of the people." To which was replied: “If you do not recognize the people, or their sovereignty, the people will not recognize you as alcalde." And these words have been construed in rebel tion.

With the sincere hope that the cries of a distressed people may not be unavailing, I have the honor to siga myself your obedient servant,

Colonel JOHN MUNROE,

R. H. WEIGHTMAN,

Military and Ciril Governor of New Mexico. To these appeals of an oppressed and distressed people Colonel Munroe turned a deaf ear,

Here is the report of the Auditor of New Mexico, charging certain officers with embezzlement of the public funds. I will not read it, but it distinctly charges willful and deliberate fraud and collusion between certain officers (holding their offices at the absolute will and pleasure of Colonel Munroe) to embezzle the public funds, and exhibiting proofs of the embezzlement, on which Colonel Munroe took no action.

Here is the case of Simon Rosenstein, to which I invite particular attention. Here it is:

SANTA FE, NEW MEXICO, November 16, 1849.

SIR: It is my painful duty as counsel for Simon Rosenstein, a citizen of the United States, to bring to your notice a most grievous and distressing outrage, which has been committed on his person.

Without law, or color of law, while peaceably engaged in the prosecution of his lawful business as a trader, or merchant, he was arrested by a non-commissioned officer and four soldiers belonging to the garrison at Albuquerque, and, without trial or form of trial, confined in the guardhouse of that place for the night, during which he was furnished with neither food nor bedding, and without being permitted to write to his friends, though he requested permi-sion so to do.

This arrest took place on Tuesday last of this month, at about one o'clock.

On the next morning he was told that he must be blindfolded, as it was necessary to take him to another room that be might be questioned, and having been blindfolded, he was led into another room and stripped, and bound, and scourged.

He was left insensible, and is at this moment in suffering from the effects of this illegal and brutal treatment, and knows not to this hour for what he has been punished.

Side by side with the statement of this outrage, I place the words of the Constitution of the United States: "In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State 'or district wherein the crime shall have been committed, which district shall have been previously ascertained by "Jaw, and to be informed of the nature and cause of the 'accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the assistance of counsel for his "defense."

Has the sufferer, Simon Rosenstein, been accused? Has he enjoyed the right to a public and speedy trial by an impartial jury?

Has he been informed of the nature and cause of the accusation?

Has he been confronted with witnesses against him? Has compulsory process been afforded him for obtaining witnesses in his favor?

Has he had the assistance of counsel for his defense? Who is the perpetrator of this outrage upon the person of a citizen and upon the laws of the country, a court of inquiry may discover.

As counsel for Simon Rosenstein, I feel called upon respectfully to a-k of you, sir, in your double capacity as Civil and Military Governor, to cause a strict investigation to be made into this whole matter, in order that the real perpetrators may be brought to light.

I am, sir, very respectfully, your obedient servant,
R. H. WEIGHTMAN,
Counsel for Simon Rosenstein.

To Col. JOHN MUNROE,

Military and Civil Governor of New Mexico. And on this complaint Colonel Munroe did tak no action.

Mr. PHELPS. Who commanded at Albuquerque?

Mr. WEIGHTMAN. I am talking about complaints I laid before Governor Munroe, upon which he took no action. Mr. PHELPS.

querque?

Who commanded at Albu

Mr. WEIGHTMAN. Major Hine. [Here the hammer fell.] Mr. ORR. I have arisen for the purpose of demanding the previous question upon the motion that has been submitted, to refer this matter to the Committee on Elections and to print. Before making that motion, however, I desire to make a remark or too upon this subject. I think the debate we have been listening to has been most unfortunate, and certainly very unusual. A memorial is presented by Captain Reynolds, contesting the seat of the delegate from New Mexico, and upon that memorial the gentleman from Missouri [Mr.

PHELPS] makes a speech, in which charges are brought, not against the Governor of New Mexico in connection merely with this election, but a string of general charges such as have not been brought, perhaps, against any public man since those preferred against Warren Hastings. Now, if these charges are all true, why does not the gentleman offer a resolution here, asking that a committee of investigation may be raised for the purpose of ascertaining their truth. They have nothing to do with this question in law.

Mr. PHELPS. If the gentleman from South Carolina [Mr. ORR] had paid a little more strict attention to what I had to say of the conduct of Governor Calhoun, he would have found that my remarks were confined exclusively to his conduct in interfering in the elections. I found it necessary to read some extracts from a newspaper, and also from a manuscript letter which had been addressed to the President of the United States by certain gentlemen in this city, and there were some other charges connected with it which it was necessary for me to read, in order to obtain the portion I wanted. I intended to confine my remarks to the interference on the part of Governor Calhoun in political affairs, and in the elections that were held in the Territory of New Mexico. I had nothing to say of the conduct of the Governor in any other particular.

Mr. ORR. I was very attentive to the remarks of my friend from Missouri, [Mr. PHELPS,] and 1 heard his entire speech. I desire to inquire of gentlemen, if they do not remember distinctly that he charges the Governor of New Mexico with certain corruption in securing the election of members to the Territorial Legislature of New Mexico. I desire to inquire what connection that has with the question now before the House. But the main purpose I had in view in calling the attention of the House to this subject at the present time is this: Here a memorial is presented, contesting the seat of a delegate. That memorial should be referred to the Committee of Elections, whose duty it would be to inquire into the facts, and report them to the House in an authoritative form, and then each member of this House becomes a judge upon that statement of the facts. It is not right that either the contestant or sitting member should be prejudiced in the estimation of the House or country, by any ex parte statements made by those presenting the memorial, or in defense by the gentleman from New Mexico, [Mr. WEIGHTMAN.] It is a question which should not have been agitated at all, but should have been referred to a committee. When a committee submits a report, then it will be open to fair debate and decision by the House. I'demand the previous question.

Mr. PHELPS. Will the gentleman permit me one word of explanation. I think the gentleman from South Carolina [Mr. ORR] has unintentionally done me injustice.

Mr. ORR. I will yield the floor temporarily to the gentleman, for the purpose of allowing him to make a short explanation. I want to make my usual motion very soon. [Laughter.]

Mr. PHELPS. The gentleman was confounding some of the matter which I read at the time I was addressing the House, with remarks I myself submitted. The gentleman is inclined, perhaps, to censure the course I have pursued in the presentation of this memorial, and the remarks which I made on the day I presented it. I briefly stated the charges which the petitioner made, stating the fact that he contested the right of the gentleman from New Mexico to a seat upon this floor. I was proceeding at that time to say something in relation to the conduct of Governor Calhoun in the election in New Mexico, and my friend from North Carolina [Mr. STANLY] suggested the postponement of the matter. To that point I had said nothing, but that which the rules of the House require me to say in the presentation of a memorial, or a petition. At a subsequent time, I confined myself entirely to the charges contained in the memorial. After that, at an interview with the Delegate from New Mexico, I informed him of the course of remark which I had intended to have pursued, had I not been arrested in it. I had no desire, as I stated at the time I offered that memorial, to do anything which might prejudice his case. He seemed to think that I had gone a little too far, and desired, therefore, to reply. I was willing the matter should rest there. I had confined my remark exclusively to the conduct of

Governor Calhoun in interfering in the election of the Delegate from the Territory of New Mexico, and also in the special election, held in the county of Rio Arriba. I thought it was a fair and legitimate inference, and a matter which might be urged to show that there was an interference on the part of the Governor of that Territory in political affairs, which was unauthorized, and highly censurable upon his part. I did not enter into a discussion of the oppressions which the people suffered under the military Government of New Mexico. I supposed that the gentleman from New Mexico [Mr. WEIGHTMAN] Would have confined himself entirely to defending Governor Calhoun from the charges which I brought against him. As to those, there has been no denial on the part of the gentleman. Here is the explanation I desire to make. I had intended to have submitted something further.

Mr. ORR. I have no doubt that the gentleman from Missouri [Mr. PHELPS] thought his action in the premises was right, but I think it has been unusual for such a course to be taken.

Mr. WEIGHTMAN. Will the gentleman yield me the floor for a moment?

Mr. ORR. I cannot refuse, but it is the last time.

Mr. WEIGHTMAN. The gentleman from Missouri says I have not taken up the charges against Governor Calhoun. I am inclined to think that I showed those charges were before the people, brought in issue under the contested election, and that iny adversaries dared not take the testimony upon those issues.

Mr. ORR. I renew my demand for the previous question.

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

The SPEAKER. The question is upon referring the memorial to the Committee of Elections, and that it be printed.

Mr. JONES, of Tennessee. I ask for a division of the question. There is no necessity for printing.

The question then recurring first upon the reference, it was taken, and decided in the affirmative. So the memorial was referred to the Committee of Elections.

The question was then taken upon the printing, and it was not agreed to.

Mr. KING, of New York. I have a bill which has been before the Judiciary Committee for a long time, and which the convenience of suitors in the city of New York requires should be passed. It is one to which there can be no objection, and I ask the unanimous consent of the House to make a report of the bill with an amendment. Mr. ORR objected.

Mr. KING. It is a bill to which there can be no objection. It has been in my hands for some six weeks, but the morning hour has been taken up with business connected with the public lands. I move to suspend the rules, for the purpose of enabling me to introduce the bill.

Mr. ORR. I rise to a privileged motion. I move that the House do now adjourn.

Mr. KING. I hope the House will first pass this bill. It will not take five minutes.

Mr. SEYMOUR, of New York. I appeal to the gentleman from South Carolina to withdraw his motion and allow this bill to be acted on. Mr. ORR. I cannot do it.

Mr. SEYMOUR. The passage of this bill is absolutely necessary for the progress of business in the courts.

Mr. ORR. All the committees of this House have bills which they desire to submit, and if reports were called for regularly for one hour, they would all have an opportunity.

The question was then taken on Mr. ORR'S motion, and it was decided in the negative-ayes 51, noes 52.

So the House refused to adjourn.

Mr. KING. I believe my motion will come up the first thing on Monday next, and as it is not probable a quorum can now be brought in, I will not ask the House to act on my motion now.

Mr. STUART. Is not the Alabama land bill the first thing in order when the House proceeds to the call of committees?

The SPEAKER. There are two such billsthe Alabama land bill, and the North Carolina land bill-the previous question being demanded in both cases, but not ordered in either. Those bills, therefore, take their places on the Speaker's

table, and cannot be reached until the House goes to the business on the Speaker's table. This motion to suspend the rules, if not acted on now, will be the first business in order on Monday

next.

Mr. CHANDLER. It is evident there is not a quorum present, and I hope the House will therefore submit to a motion to adjourn. I make that motion.

Mr. BRIGGS. I ask the gentleman to withdraw the motion for one moment.

Mr. CHANDLER. Very well, sir.

On motion by Mr. BRIGGS, by unanimous consent, it was ordered that Mr. BISSELL be discharged from further service on the committee of conference upon the disagreement between the Senate and House in reference to the bounty land bill; and

The SPEAKER appointed Mr. FITCH to fill the vacancy.

Mr. BROWN, of Mississippi, by unanimous consent, presented joint resolutions of the Legislature of Mississippi, praying the reduction of the price of land in the Augusta and Washington land districts, and urging a grant of land for the New Orleans and Jackson railroad; which were severally referred to the Committee on Public Lands, and ordered to be printed.

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

PETITIONS, &c.

The following petitions, memorials, &c., were presented under the rule, and referred to the appropriate committees: By Mr. OUTLAW: The petition of William Simmons, William B. Shephard, and other citizens of North Carolina, against the extension and renewal of Woodworth's patent.

By Mr KUHNS: The petition of John Weir, jun., James Hill, and 151 other citizens of Freeport, Armstrong county, Pennsylvania, praying Congress to provide by law for the observance of the sanctity of the Lord's day, by releasing from official duties all persons in the employment of the Government in cases where the public safety does not require it-and particularly in regard to the mail service.

Also, the petition of James Bell and other citizens of Pennsylvania, praying Congress to sustain the Wheeling Bridge, and to prevent its destruction under the late decree of the Supreme Court of the United States.

By Mr. BROWN, of Mississippi: The petition of D. M. Bean and 60 others, citizens of Mississippi, praying the passage of a law prohibiting the appointment of FEMALE postmasters.

By Mr. BRENTON: The petition of John Portner and 100 others, asking the establishment of a post route in Noble county, Indiana.

By Mr. FICKLIN: The petition of Thomas Templeton and others, for a mail route from Charleston, Coles county, via Long Point to lentopolis, in Effingham county.

By Mr. GREEN: The memorial of S. Spink, assistant marshal of the county of Wood, Ohio, asking additional compensation for taking the Seventh Census.

By Mr. CAMPBELL, of Illinois: The remonstrance of B. H. Thomas and 90 other citizens of Winnebago county, Illinois, against a renewal of C. H. McCormick's patent for a reaping machine.

Also, the remonstrance of James V. Gale and 43 others, citizens of Ogle county, Illinois, against the renewal of a patent heretofore granted to Austin and Zebulon Parker, for alleged improvements on reaction water wheels.

By Mr. DOTY: The petition of C. J. Marsh, Justus N. Dart, and other citizens of Marquette county, for a mail route from Montello by Westfield and Kingsbury Ferry, to Reed's Landing, on the Mississippi.

By Mr. MILLSON: The memorial of Isaac V. Pratt and 97 other citizens of Norfolk county, Virginia, remonstrating against the renewal of the Woodworth patent.

By Mr. GAYLORD: The memorial ofl. Dawes and 145 other citizens of Morgan county, Ohio, asking a grant of 100,000 acres of unsold public lands within Ohio, to aid in the construction of a certain plank or McAdamized road.

Also, the petition of Noah L. Wilson and other residents of Marietta, Ohio, asking Congress to establish the bridges of the Wheeling and Belmont Bridge Company as a post road, &c

By Mr. THURSTON: The petition of William P. Dean, of Providence, Rhode Island, for commutation of clothing and rations as a recruiting sergeant, for two months service in Mexico, under the direction of Colonel Ransom and Lieutenant De Wolfs.

By Mr. EDGERTON: The petition of the heirs of Lieu tenant Francis Martin, asking remuneration for losses sustained in the revolutionary war, and for other claims.

Also, the memorial of citizens of Maumee City, Lucas county, Ohio, asking an appropriation for the improvement of the Maumee river.

Also, the memorial of the assistant marshal of Lucas and Williams county, Ohio, asking additional compensation for taking the census.

By Mr. CONGER: The petition of John Senter and others, asking for confirmation of title to certain lands in the Lake Superior land district.

By Mr. ROBBINS: The petition of Mathias Rusk, and 25 others, citizens of Philadelphia county, in favor of the extension of the Woodworth patent.

Also, the joint resolutions of the Legislature of the State of Pennsylvania, requesting their Senators and Representatives in Congress to use their efforts in securing the estab lishment of a navy-yard, depôt, and dry-dock on the lake frontier.

By Mr. THOMAS M. HOWE: Sundry memorials from citizens of Pennsylvania and Ohio, praying for an appropriation for the construction of a ship-canal around the Fails of the river St Marie, Michigan.

By. Mr. FAULKNER: A memorial of sundry citizens of the counties of Berkley and Jefferson, State of Virginia, remonstrating against any further extension of Zebulon Parker's reaction water-wheel patent.

Also, a petition of sundry citizens of the county of Frederick, State of Virginia, praying for an extension of the Woodworth patent.

By Mr. HARPER: The remonstrance of Thomas J. Langley and 240 other legal voters of Guernsey county, Ohio, praying that the bridges of the Wheeling and Belmont Bridge Company may be established as post roads, and permitted to remain at their present height.

By Mr. HENN: The petition of Jacob B. Spragne and 80 others, citizens of Wapello connty, Iowa, asking a grant of land to aid in the construction of a railroad from Burlington to the Missouri river.

Also, proceedings of a railroad convention held at Guttenburgh, Iowa, on the 23d and 24th days of February, 1852. Also, proceedings of a railroad meeting held at Dubuque, Iowa, on the 25th February, 1852.

Also, the petition of John N. Newcomb, of Lee county, Iowa, deputy United States marshal, asking additional compensation for taking the Seventh Census.

IN SENATE.

TUESDAY, March 16, 1852. Prayer by the Rev. LITTLETON F. MORGAN.

EXECUTIVE COMMUNICATIONS.

The PRESIDENT pro tem. laid before the Senate a letter from the Commissioner of Patents, communicating that portion of the report of the proceedings of his office for the year 1851 which relates to arts and manufactures; which was read,

and ordered to be referred to the Committee on Printing.

The PRESIDENT pro tem. laid before the Senate a report of the Secretary of War, communicating, in compliance with a resolution of the Senate, a report of the survey, estimates, &c., of a route from St. Louis to the Big Bend of the Red river, made by direction of the Topographical_Bureau, by Joshua Barney; which was read, and ordered to be printed.

PETITIONS, ETC.

Mr. FOOT presented the petition of Sarah Smith, widow of Alba C. Smith, a soldier in the Army, praying a pension; which was referred to the Committee on Pensions.

Mr. GWIN presented the memorial of Maria C. G. Johnson, widow of James Johnson, praying indemnity for losses sustained during the late war with Mexico; which was referred to the Committee of Claims.

Also, the memorial of David W. Alexander, asking to be reimbursed for losses sustained by him during the late war with Mexico; which was referred to the Committee of Claims.

Mr. RUSK presented the petition of Richard Eaton, praying a pension, in consideration of injuries received in the military service during the Florida war; which was referred to the Committee on Pensions.

Mr. CHASE. Mr. President, I ask leave to present to the Senate the remonstrance of a large number of the members of the House of Representatives of the State of Ohio, against the extension of the Woodworth patent. The gentleman who sends that remonstrance to me states, that it expresses the opinions of a large majority of the people of the State of Ohio, if not their unanimous opinion, and that the signatures to this remonstrance embraced all the members now present at the capital of my State. I beg leave, therefore, to recommend it to the earnest attention of the Committee on Patents and the Patent Office, to which committee I ask that it may be referred. It was so referred.

Mr. HALE. I have received, and been requested to present to the Senate, the petition of citizens of Washington county, Illinois, praying Congress to pass a law releasing all the employees of the Government of the United States from any obligation to work on the Sabbath, or Lord's day; and also to restrain them by penal laws from so doing. I do not know to what committee this should be appropriately referred, and therefore I ask that it may be laid on the table at present. It was laid on the table accordingly.

Mr. HALE presented the petition of Sarah F. Gowell, widow of a soldier in the last war with Great Britain, praying a pension; which was referred to the Committee on Pensions.

Mr. SHIELDS presented the petition of Wil

liam Smith, praying bounty land for services as a soldier in the Florida war; 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 mail route from the mouth of Red river to Natchitoches; which was referred to the Committee on the Post Office and Post Roads.

PAPERS WITHDRAWN AND REFERRED. On motion by Mr. CLARKE, it was Ordered, That the petition of Catharine G. Finney, for herself and others, heirs of otheers and soldiers of the Rhode Island brigade, on the files of the Senate, be referred to the Connnittee on Revolutionary Claims.

On motion by Mr. FOOT, it was

Ordered, That the documents, on the files of the Senate, relating to the elain of John Newton, be referred to the Committee on Publie Lands.

REPORTS FROM STANDING COMMITTEES,

Mr. RUSK, from the Committee on the Posti Office and Post Roads, to which was referred the memorial of John J. Sykes, praying a compensa tion for services performed under an appointment from a special agent of the Post Office Depar ment, 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.

He also, from the same committee, to which was referred the memorial of the legal representatives of Wade Allen, 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 petition of J. B. Amos, praying compensation for losses sustained by him on account of the establishment of a new mail route, submitted an adverse report; which was ordered to be printed.

Mr. GWIN, from the Committee on Naral Affairs, to which was referred the petition of Wm. P. J. Sanger, 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.

He also, from the same committee, to which was referred the petition of Richard W. Meade, 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.

He also, from the same committee, to which was referred the memorial of James D. Johnson, submitted an adverse report; which was ordered to be printed.

Mr. PRATT, from the Committee of Claims, to which was referred the petition of the legal rep resentatives of the late Captain William G. Wiliams, 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.

Mr. STOCKTON, from the Committee on Naval Affairs, which was instructed to inquire into the subject, reported a bill for the relief of Charles G. Hunter; which was read, and passed to the second reading.

He also, from the same committee, to which the subject was referred, reported a joint resolu tion for the building of a war-steamer for harbor defense; which was read, and passed to the second reading.

He also submitted a report on the subject; which was ordered to be printed.

Mr. FELCH, from the Committee on Public Lands, to which was referred the memorial of the California Settlers and Miners' State Convention, asked to be discharged from the further consideration thereof; which was agreed to, inasmuch as a bill had been reported on the subject.

MILITARY RECONNOISSANCE. Mr. JONES, of lowa, submitted the following resolution for consideration; which was ordered to be referred to the Committee on Printing:

Resolved, That five thousand copies of a journal of a military reconnoissance from Santa Fé, New Mexico, to the Navajo country, made with the troops under command of Brevet Lieutenant Colonel John M. Washington, Chief of the Ninth Military Department, and Governor of New Mexico, in 1849, by James H. Simpson, A. M., First Lieutenant corps of Topographical Engineers, be printed for

the use of the Senate.

CHESAPEAKE AND OHIO CANAL. Mr. PRATT submitted the following resolu tion; which was agreed to:

Resolved, That the Secretary of War be directed to have prepared and communicated to the Senate, an estimate of the cost of constructing a basin at the terminus of the Chesapeake and Ohio Canal at Rock Creek, sufficient to accommodate the trade of the canal at that point.

EXTENSION OF THE CAPITOL.

The Senate resumed the consideration of the

joint resolution to authorize the continuance of the work upon the two wings of the Capitol, with the amendment of the House of Representatives thereto, and it was

Ordered, That it be referred to the Committee on Public Buildings.

Mr. BORLAND submitted the following resolution for consideration; which was agreed to:

Resolved, That the Committee on Public Buildings of the Senate, be instructed to make a thorough examination of the work thus far executed on the extension of the Capitol: 1st. As to the uniformity of the strata upon which the walls rest. 2d. As to the quality and the dimensions of the stone, and quality of the mortar used. 3d. As to the character of the work, the mode of its construction, and its power of resistance. 4th. As to every other matter and thing connected therewith as may, in their opinion, affect the stability and permanency of the whole structure. And

the committee are hereby empowered to bring to their aid, in the foregoing examination, such of the United States Topographical Engineers, and other competent persons as they may think proper.

WILLIAM A. CHRISTIAN.

The Senate resumed the consideration of the en

grossed bill for the relief of William A. Christian, the vote on the passage of which was reconsidered yesterday, on the motion of Mr. GWIN.

Mr. GWIN. I move to strike out the sum of $2,463 74 mentioned in the bill and insert $1,584 78. The committee took the bill which was originally introduced at a previous session and which passed the Senate before. They were not aware, at the time they reported this bill, that another bill had been passed into a law, covering the amount which it is now proposed to deduct. The amendment is simply to reduce the amount by taking from it that which has already been paid.

Mr. BADGER. And it ought to be mentioned, in honor of the gentleman for whose benefit the bill passed, that he himself first discovered the mistake in the amount. Being aware of the fact that a portion of the claim had been previously provided for, he gave notice of that fact to the committee, in order that the amount might be reduced to a proper sum.

The amendment was agreed to, and the bill was passed.

ORDER OF BUSINESS.

The PRESIDENT announced that the hour had arrived for the consideration of the special order, which was the bill granting the right of way and making a grant of land to the State of Iowa in aid of the construction of certain railroads in said State.

Mr. BRADBURY. I desire to ask that the special order be postponed for two or three minutes, for the purpose of taking up the bill reported by the Committee on the Judiciary providing for the purchase of the ninth volume of the laws of the United States. I make the request for this reason: Several members of the House of Representatives have applied to me, saying that they are without this volume of the laws, which it is very essential that they should have. It is in accordance with the request of the Secretary of State that he be authorized to purchase one thousand copies of this volume, to be distributed in the manner provided for by the act for the distribution of the previous volumes. I hope there will be no objection to this course.

Mr. JONES, of Iowa. I am obliged to object. I hope gentlemen will go on with our Iowa bill. If we can pass that in a reasonable time, then we can take up the bill of the Senator from Maine.

Mr. BRADBURY. The bill which I wish to have taken up will not occupy more than two minutes. I would not ask this but for the fact that I have been pressed by members of the House, who say that it is essential that they should be furnished with this volume.

The motion to postpone was not agreed to.
RAILROADS IN IOWA.

The Senate resumed, as in Committee of the Whole, the consideration of the bill granting the right of way and making a grant of land to the State of Iowa in aid of the construction of certain railroads in said State, the pending question being on the amendment of Mr. UNDERWOOD.

Mr. UNDERWOOD called for the yeas and nays on his amendment; and they were ordered.

Mr. SUMNER. Much time has been consumed by this question. At several periods the debate has seemed about to stop, and then again has taken a new spring, while the goal has constantly receded. I know not if it is now near the end. But I hope that I shall not seem to interfere with its natural course, or unduly occupy the time of the Senate, if I venture again for one moment to take part in it.

The argument which I submitted on a former occasion has not passed unregarded. And since it can owe little to my individual position, I accept the opposition it has encountered as a tribute to its intrinsic importance. It has been assailed by different Senators on different days and in different ways. It has been met by harmless pleasantry, and by equally harmless vituperation; by figures of rhetoric and figures of arithmetic; by minute criticism and extended discussion; also, by that sure resource of a weak cause, hard words and an imputation of personal motives. I do not now propose to reply to all this array: least of all shall I retort the hard words or repel the personal imputation. On this head I content myself now with saying-and confidently, too-that, had he known me better, the Senator from Kentucky, [Mr. UNDERWOOD,] who is usually so moderate and careful, would have hesitated long before uttering expressions which fell from him in this debate.

The position I took was regarded as natural or excusable in a Senator from one of the land States,

acting under the vulgar spur of local interest; but it was pronounced unnatural and inexcusable in a Senator from Massachusetts. Now, sir, it is sufficient for me to say, in reply to this suggestion, that, while I know there are influences and biases incident to particular States or sections of the Union, I recognize no difference in the duties of Senators on this floor. Coming from different States and opposite sections, we are all Senators of the Union; and our constant duty is, without fear or favor, to introduce into the national legis lation the principle of justice. In this spirit, while sustaining the bill now before the Senate, I spoke for justice to the land States.

In sustaining this bill, I but followed the example of the Senators and Representatives of Massachusetts on kindred measures from their earliest introduction down to the present time. The first instance was in 1823, on the grant to the State of Ohio of land one hundred and twenty-five feet wide, with one mile on each side, for the construction of a road from the lower rapids of the Miami river to the western boundary of the Connecticut Reserve. On the final passage of this grant in the House, the Massachusetts delegation voted as follows: Yeas-Samuel C. Allen, Henry W. Dwight, Timothy Fuller, Jeremiah Nelson, John Reed, Jonathan Russell. Nay-Benjamin Gorham. In the Senate, the bill passed without a division. In 1828 a still greater unanimity occurred on the passage of the bill to aid the State of Ohio in extending the Miami canal from Dayton to Lake Erie; and this bill is the first instance of the grant of alternate sections, as in that now before the Senate. On this the Massachusetts del egation in the House voted as follows: YeasIsaac C. Bates, Benjamin W. Crowninshield, John Davis, Edward Everett, John Locke, John Reed, Joseph Richardson, John Varnum. Nays -none. In the Senate, Messrs. Silsbee and Webster both voted in the affirmative. I pass over the intermediate grants which, as I am told, have been sustained by the Massachusetts delegation with substantial unanimity. The extensive grants at the last session of Congress to Illinois, Mississippi, and Alabama, in aid of a railroad from Chicago to Mobile, were sustained by all the Massachusetts votes in the House, except

one.

Still further, in sustaining the present bill on grounds of justice to the land States, I but followed the recorded instructions of the Legislature of Massachusetts, addressed to its Senators and Representatives here on a former occasion. The subject was presented in a special message to the Legislature in 1841, by the distinguished Governor at that time, who strongly urged "a liberal policy 'towards the actual settler, and towards the new 'States, for this is justly due to both." And he added: "Such States are entitled to a more liberal share of the proceeds of the public lands than the 'old States, as we owe to their enterprise much of 'the value this property has acquired. It seems to

me, therefore, that justice towards the States in which 'these lands lie, demands a liberal and generous policy 'towards them." In accordance with this recommendation, it was resolved by the Legislature, "That in the disposition of the public lands, this Commonwealth approves of making liberal provisions in favor of the new States; and that she ever has been, and still is, ready to cooperate with other portions of the Union in securing to those States such provisions." Thus a generous policy towards the land States, with liberal provisions in their favor, was considered by Massachusetts the part of justice.

It was my purpose, before this debate closed, to consider again the argument I formerly submitted, and to vindicate its accuracy in all respects, both in principle and in detail. But this has already been so amply done by others so much abler than myself-by the Senator from Missouri, [Mr. GEYER,] both the Senators from Michigan, [Mr. FELCH and Mr. CASS,] the Senator from Arkansas, [Mr. BORLAND,] the Senator from Iowa, [Mr. DODGE,] and the Senator from Louisiana, [Mr. Downs]-all of whom, with different degrees of fullness, have urged the same grounds in favor of this bill, that I feel unwilling at this hour, and while the Senate actually waits to vote on the question, to occupy time by further dwelling upon it. Perhaps on some other occasion I may think proper to return to it.

But, while avoiding what seems superfluous discussion, I cannot forbear to ask your attention to the amendment of the Senator from Kentucky, [Mr. UNDERWOOD.]

This is

This amendment, when addressed to the Senators of the favored States, is of a most plausible character. It proposes to give to the original thirteen States, together with Vermont, Maine, Tennessee, and Kentucky, for purposes of education and internal improvement, portions of the public domain, at the rate of one acre to each inhabitant, according to the recent census. commended by the declared object-education and internal improvement. Still further, in its discrimination of the old States, it assumes a guise well calculated to tempt them to its support. It holds out the attraction of seeming, though unsubstantial, self-interest. It offers a lure, a bait to be unjust. I object to it on several grounds:

1. But I put it in the fore-front, as my first objection, its clear, indubitable, and radical injustice, written on its very face. The amendment confines its donations to the old States; and, in so doing, makes an inequitable discrimination in their favor. It tacitly assumes that by the bill in question, or in some other way, the land States have received their proper distributive portion, so as to lose all title to share with the old States in the proposed distribution. But if there be any force in the argument, so much considered in this debate, that these railroad grants actually enhance the neighboring lands of the United States, and constitute a proper mode of bringing them into the market, or if there be any force in the other argument which I have presented, drawn from the equitable claims of the land States, in comparison with the other States, to the bounty of the great untaxed proprietor, then this assumption is unfounded. There is no basis for the discrimination made by the amendment. If the Iowa land bill be proper to be passed without this amendment, as I submit it is, then this amendment, introducing a new discrimination, is improper to be added to it. Nor do I well see how any one, prepared to sustain the original bill, can sustain this amendment. The Senator from Kentucky, who leads us to expect his vote for the bill, seems to confess the injustice of his attempted addition.

2. I object to it as out of place. The amendment proposes to ingraft upon a special railroad grant to a single State a novel system of distribution of the national domain. Now, there is a place and a time for all things; and nothing seems to me more important in legislation than to keep all things in their proper place, and to treat them at their proper time. The distribution of the public lands is worthy of attention; and I am ready to meet this great question whenever it arises legitimately for our consideration; but I object to considering it merely as a rider to the Iowa land bill.

The amendment would be less objectionable if proposed as a rider to a general system of railroad grants, as for instance to a bill embracing grants to all the land States; but it is specially ob

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