« AnteriorContinuar »
ith its army of employees, with its contracts to let, with Though by entering into unpleasant, though necessary Specification 6th. So much of the Specifications of Charges agencies to purchase the entire surplus of the corn and details, I may, in the eyes of the undiscerning, appear to 1st and 2d as may be applicable to Charge 3d. rage of the country, and with its easy means of commu- want good taste, I shall not refrain from so doing; preferring The witnesses to prove the above charges and specificacation by express at Government expense, it proved itself rather to deserve this censure, than to subject myself to the tions are at present in New Mexico, how long they will rery formidable; and this influence, with some honorable charge of concealing from the accused that which is brought main there it is iinpossible to say, ceptions, was thrown against the State party. against him.
I have to request, therefore, as early notice as possible *'Ithis web of influence, extending to the frontiers of In the forin, then, of' charges and specifications, I accuse may be afforded me, that an investigation will be had; the w Mexico, was, like the other, organized, and, like it, || Judge Joab Houghton, as follows:
commission, or whatever other body or person to whom $0, easily managed from the center; and the managers of Charge ist. His conduct has been characterized by these charges, &c., may be referred, should have power to th webs were acting in concert, and, as has already been breaches of faith of such a nature, that the continuation of send for persons and papers. d, against the State party."
him in so elevated and responsible a station, cau but have With mueh regret that I have to trouble you with so disThe managers of both webs are here, Mr.
the effect of lowering in the eyes of the publie the standard agreeable a atter, I am, sir, very respecifully, your obeof American character.
dient servant, Deaker, and they are Houghton and Reynolds:
Ř H. WEIGHTMAN. Specification Ist. It has been substantiated in a court, to Brevet Colonel John MUNROE, "Nor is this allt. In the first days of February of this the satisfaction of a jury, that he has received, as the agent Civil und Military Governor of New Mexico. ar, the government printing press, the only available one of Colcord & Hall, a sum of money exceeding $3,000, and the country, was sold, and fell into the hands of the ter- not paid the same to his principals.
It may be proper to mention that I sent word orial party. Being owned by an army sutler and con- Specification 20. He has received money as the agent of to Colonel Munroe's Fountain of Justice that I had ictor, and edited by the chief judge under the military East & Anderson, for the specitic purpose of paying duties preferred charges of a grave character against him, vernment and the chief clerk of the quartermaster, all
under orders No. 10, of date February 5th, 1848, and instead mmunications of the State party were excluded from the of paying the money into the hands of the collector, placed
and that if he would seek of Colonel Munroe, lumns of their paper. They refused to print ballots for therein, in lieu of money, his audited accounts for luis salary with me, an investigation, and I could not make e State party, who were obliged to write tickets (the as judge, which accounts were received as caslı; and sub- the charges good, I would freely and cheerfully, "ction being held by ballot) to the number of fifteen or sequently, when that part of orders No. 10, laying and col
as I had made, retract them and make enty thousand.
leeting of duues was annulled, he withdrew said audited * With the press against the State party, the office-hold- accounts froin the hands of the collector, and replaced the
amends. He did not seek an investigation, notwiths against it, and the moneyed interest of government bonds of East & Anderson, which said bouds are now in standing he very much desired my good opinion. ainst it, it cannot be said, 'Mr. Editor, that the State the bands of the collector, and money of East & Anderson | He has applied to me for a certificate of character. ovement was born of or grew to manhood by executive in the hands of Judge Houghton. fluence; but, rather, it must be admitted that the voice Specification 3d. "That on or about the 19th day of June,
He applied in these words: the people has made itself heard under very ditficult cir- 1848, he was engaged in business as a merchant, being a
SANTA FE, September 9, 1849. mstances.
partner in the firm ot E. Leitensdorfer & Co.; that about Sır: In consequence of slanderous words used by you "The difficult boundary question will, it is confidently that date, the firm of Leitensdorfer & Co. introduced into in conversation with Lieutenant Taylor, at the sutler's pected, soon be settled by the assent of Texas; and, the Santa F'é goods, the original cost of which, including the store, in Albuquerque, with J. L. Hubbell, Esq., at Socorundary difficulty at rest, New Mexico stands in the same outfit, was not less than $100,000; that subsequently, on or ro, at Santa Fe, and generally throughout the Territory, titude as California did previous to her admission, and in about the 21st day of September, E. Leitensdorfer and Joab within the last few, I demand of you an unequivocal ree same attitude as Michigan previous to her admission, Houghton dissolved partnership; that on or about that date, traction of such slanders, or the satisfaction due from one d after the adjustment of her boundary difficulties with E. Leitensdorfer lent Santa Fé, appointing Joab Houghton gentleman to another
J. HOUGHTON nio and Indiana.
bis agent and attorney for the transaction of business; that R. H. WEIGHTMAN, Esq. * New Mexico asks for no more than justice. She asks on or about the 11th day of December, 1848, E. Leitensdorof all parties and all sections. She comes here uncon- ter inade an assignment of all his effects for the benefit of
To this anxiously-expressed desire to obtain cted with any party or any section. of her delegation, his creditors; that the effects assigned amounted to about from me a character, I courteously replied to his ro are Democrats and one Whig-two southern and one $40,000, and the ascertained debts of the firm to more than friend who handed me his application, from which irthern bor. She appeals to the whole United States, $116,000; that between the dates June 19th and December reply I extract as follows: d claims as a right, it her constitution is republican, to ilth, E. Leitensdorfer was, for the greater or a great part admitted to the enjoyment of all the blessings of liberty. of the time, absent from Santa Fé, the place of the house
SANTA FE, September 19, 1849. * With much respect, I have the honor to be, sir, your of business of the firm, and that the deficit is not account.
Sir: I received at your hands a note from Judge Houghledient servant, R. H. WEIGHTMAN. ed for; that nearly all, if not all, of the goods taken South
ton, of this date, in which he is pleased to say that, in con* P. S. I omitted in my communication to refer to the for sale by the said Leitensdorfer are accounted for, while
sequence of words, which he characterizes as slanderous, crespondence, already published in the newspapers, bethe part lett in Santa Fé generally under charge of said
used by me to Lieutenant Taylor in Albuquerque, to J.L. reen Governor Alvarez and Colonel Munroe, in which
Houghton, is the part not accounted for; and that this failure Hubbell, Esq., in Socorro, at Santa Fe, and generally e latter expressed his determination 10 resist the opera
is frauduleni, and Judge Houghton guilty of the fraud. throughout the Territory, within the last few “ days," (I on of the state government " with all the means at his
Specification 4th. So much of the specifications under
suppose was intended, a word being left out,) he deinands sposal,” as furnishing evidence that the military comcharges second and third as may be applicable to this charge.
of me an unequivocal retraction of such slanders, or the ander was not favorable to the State movement or State
Charge 2d. His occupying his position on the bench
satistaction due from one gentleman to another. amounts to a denial of justice, in a large class of cases.
Besides the application of the word slanderous to my * By inserting this with my communication, you will
Specification Ist. The case of Campbell vs. Leitensdor
words, I have an objection to make to the general tenor of Infer a favor. fer & Co., involving about $8,000, was brought by attach
his note, which is this: it leaves open the inference that I * Very respectfully,
made the remarks alluded to not in Judge Houghton's presR. H. W."
ment, based upon an affidavit of fraud, on the 26th day of
ence. To rebut which inference, I have to say, that three Now, Mr. Speaker, you will be surprised at the of that year, but could not be tried, because the judge was
or four months ago, it became my duty, as counsel in the
case of Colcord & Hall rs. Smith D. Town, to comment mount of pains I took to reform that military interested; it could not be tried at the October term for the same reason, and cannot be tried for the same reasons un
upon the conduct of Judge Houghton, in receiving, as the overnment. have a perfect stock of charges der existing circumstances, so long as Judge Houghton oc
agent of Colcord & Hall, a large sum of money, in the ere, made by me against it to Governor Munroe cupies his present position.
neighborhood of $3,400, and not paying the same over to his or oppressions, upon the people, to not one of Specification 24. The case of Kelly vs. Leitensdorfer & principal, as it was intended he should, and as he was hich did he pay any attention. I will refer to Co., involving about 88,000, based on affidavit of fraud, was
trusted to do. In my remarks to the jury, the judge was filed June 30, 1849, and was for trial in due course at the last
spoken of as a faithless agent, and it may perhaps not be hese by their heads, intending to publish them October term, but could not be tried, and cannot be tried for
inappropriate to mention that the jury found a verdict in n extenso. The first is the case of Judge Hough- the same reasons as above.
accordance with the theory laid down by myself and the on-the chief judge of Colonel Munroe, the Specification 3d. The case of Webb rs. Leitensdorfer &
other gentlemen with whom I was associated on that occaountain of justice in New Mexico. I charged Co., involving about $8,000, based on atidavit of fraud, was
sion. "Judge Houghton was not present on this occasion, filed June 30, 1849,
and was for trial in due course at the last but my remarks and the finding of the jury are matters of aim with a variety of iniquities--of putting other October term, but could not and cannot be tried, for the rea- public notoriety. Beople's money in his pocket, of never paying sons set forth in Specification Ist of this charge.
Again, in Socorro, at which place he refers to a conover anything he got his fingers on, and of gross
Specification 4th. There is now in the hands of the un
versation with Mr. Hubbell, I inade the same or similar Official misconduct. He is one of the respectable dersigned, liabilities of the firm of E. Leitensdorfer & Co.,
remarks in a public speech to the people, Judge Houghton constituents, quoad hoc, of the honorable gentleman and bills against it for the gross sum of $3,659 70, to recover
being present, and distant perhaps six feet from me at the wbi six suits will be necessary; but have not filed suits,
time. Erom Missouri. (Laughter.] because he has not been able to discover property of that
I deem this statement due to myself, in order to make Here is the document at large: firm, the court having declared that it will adjudicate no
it apparent that I have in no wise secretly assailed the charpoint about which there is a contest.
acter of Judge Houghton. SANTA FE, (N. M.,) December 1, 1849. Specification 5th. There is now in the hands of Mr. Biggs,
In conclusion, I have to say that in consideration of the Influenced, sir, by duty and inclination, I lay before you by the agreement of all the parties to the suits, a large sumn
fact that Mr. Houghton occupies at this time the important charges of a most serious nature against the highest judicial of money abiding their issue, and must there remain until
position of chief judge in this Territory, and is recognized officer in this Territory- Judge Joab Houghton; charges they are decided to the great damage of the owners thereof.
as a gentleman by persons of high standing, yourself among o serious, that, if true, it is an act of mere justice to the Specification 6th. There are a number of other creditors
the number, I feel myself at liberty to accept the latter of ommunity that he should be removed from office. of E. Leitensdorfer & Co., who would bring suits, if they
the alternatives he has been pleased to offer me. I accept In consequence of peculiar, agitating, and dangerous ques believed justice could be obtained.
his challenge, and will meet hin this day at as early an ons which now exist in the United States, it has been Specification 7th. By the death or going away of import- hour as can conveniently be agreed upon between yourself nought proper and even patriotic in Congress, lo withhold ant witnesses, the ends of justice, which are now delayed,
and the gentleman who will hand you this. com us a territorial organization, which, except for the may be entirely defeated. gitating questions there existing, we would doubtless long Specification 8th. So much of the Specifications under
Very respectfully, &c., &., R. H. WEIGHTMAN. nce have obtained. charges 1st and 3d, as may be applicable to this charge.
James H. QUINN, Esq. As it is, a de facto government obtains here of a most Charge 3u. Ignorance of law, and disregard to his obligaomalous character, having no parallel in our bistory, op
We did meet that day, and he got no certificate tion as a judge. osed to the spirit and genius of our institutions and laws, Specification ist. Before trial, out of court, he has ex
of character or any concession whatever. He was ad unrecognized by any competent authority.
pressed the opinion that a man about to be tried for his life willing to risk his life to obtain my indorsement This government de facto was established under the laws was a murderer.
of him, but feared to meet an investigation. He nd usages of war; and upon the conclusion of the peace, Specification
2d. He has admitted to bail the man whom I proposed trial by wager of battle, and lost his cause, February 20, 1848, having been found in existence here, he said was a murderer.
prevent anarchy, continues by the acquiescence of the Specification 3d. He has written articles in the Santa Fe | but declined meeting the more modern and less uthority, whatever it may be, which is competent to Republican concerning a point of law, about in due course barbarous trial, (proposed by me,)-by the exhange it.
to come before him for decision, on which depended a large amination of sworn witnesses. Under this government, as it actually exists, the Governor class of cases involving a sum of money exceeding $80,000. xercises military, executive, and legislative functions. Specification 4th. Had he adjudicated on the bench
In reference to this memorial Colonel Munroe To show that he has exercised legislative functions, I as he adjudicated in the newspapers, he would have been
took no action. bake reference to orders No. 10, dated February 5th, 1848, benefited by the adjudication.
Here is another document—which is a comaying duties and taxes, providing for their collection and Specification 5th. Ata meeting of the bar, held in the city
plaint that certain of the civil authorities (who are or the payment of salaries, creating offices, &c.
of Santa Fé, on or about the 26th of July, 1849, at which I presume, however, that no argument is necessary to meeting were present Messrs. Smith, uley, Angney, I removable at the will and pleasure of Colonel rove that the Governor has the power under this govern- Wheaton, West, Pillans, Ashurst, Beach, Hall, and Weight- Munroe) interfered with the rights of the clergy pent, as it actually exists, whether legally or not, to relieve man, the question was discussed as to the propriety of in and people of New Mexico freely to exercise their he community ofá corrupt, ignorant, or objectionable judge. || viting Judge Houghton to resign; at this meeting it was the religion. Here it is:
In making charges, it is necessary to be precise, and to opinion of all the members present, that he was incoinpenter into particulars; otherwise the accused will have just tent to fill the office, and eight of their number signed a let
By the authority of the Vicario, Mr. Juan Felipe Ortez, ause to complain that he is tried on charges which are un- ter requesting him to resign, two of them declining to sign
the chief ecclesiastic of the Catholic Church in this Terri lefined, and to which, therefore, it is not possible to make the letter on personal grounds; the two who declined
being tory, to whom has been confided the control of all ecclesi=defense. Mesers. Smith and Hall,
astical affairs pertaining to that Church here, I bring to your notice certain infringements on the right of that Church cognizance of cases involving property of the Church-unti' worship that for a long time past we have safered man freely to exercise its religion.
a new government is legally in operation, or until the injuries at the hands of the alcalde, Jesus Silva, and the I am authorized in saying, that the Vicario perfectly un- bench of New Mexico is occupied by less ignorant persons. in the last few days, to wit, on Sunday fast the loth of the derstands his responsibility to the Government under which Should you, sir, deem it proper to make investigations month, be, the alcalde, attempted to force on the people
, he lives; he knows that he is amenable to the laws, as a concerning these matters, 1 caution you against the Secre- against the will of a great majority of the owners of citizen or resident, in the same manner as any other citi. tary of Territory, Mr. Donisiano Vigil.
church, the friar Cardenas, that he might perform a na zens or residents. The Vicario, however, should be able It is within my knowledge that when Colonel Washington, in the church. to enjoy the right to exercise the functions wbich the Church desirous of giving relief in one of the cases above cited, oth The pretext of the alcalde for this aet is, that the corn to which he has attached himself has conferred upon him, | cially directed Mr. Vigil to write to Prefecto Manuel Otero to Otero, our regular cnra, bas not performed mass lettre otherwise that Church is deprived of "the right freely to annol the order of Alcalde Vicente Armijo, and restore Padre time. The reason why the Cura Otero has not peristmas exercise its religion,” which right is guarantied by the Baca to his original position, that Mr. Vigil did dispatch mass is that this same alcalde. some time since, puthma Constitution of the United States.
such an order; and also, and wilhout authority of Colonel the public jail, and for this reason the cura lears Dag In speaking of the Church, I wish to be understood to Washington, an old order of his; which old order, as will bere until this alcalde may be removed from offre, er de mean those persons, who, entertaining similar religious be perceived by the second note of Prefecto Otero, dated can have confidence that his rights will be respectat. sentiments, voluntarily conform themselves to a certain October 21, is made the basis of special pleading, which The owners of the church in all are one hundred set of opinions, and conform themselves to certain roles. has resulted in Padre Baca's being still excluded, though nineteen. We send a list of more than one hands With that understanding, then, the Catholic Church in the express object of Colonel Washington was to reinstate We desire 10 say, ibat it is our desire to obey the laws, and New Mexico comprehend those persons who conform them- him. I have also to say, that the identical reasoning con- deport ourselves as good citizens; but it is not possibien selves to the worship, and discipline, and government of tained in the second note of Prefecto Otero was used in
submit ourselves with patience to the tyranuical and the that Church as it obtains here. It is the practice of all the conversation with me by Mr. Vigil.
conduct of Alcalde Jesus Silva. We desire your wintig churches to adopt rules or laws for their own government, Aunong the documents which I lay before you, I had in- to examine yourself into the conduct of the alcalde. and this necessary practice is not restrained by law. As tended to include the decree of December 24th of last year, It is necessary for us to say, that the alcalde, lelaeis an instance, the Episcopal Church confides the care and referred to in one of the papers I lay before you ; but have act of Sunday last, was in company on that same daya control of the church property to the vestries of the differ- not been able to obtain from Mr. Vigil a copy, though I the circuit Judges, Houghton and Oiero, and that after ent congregations, and there it is, under the protection of have made as many as four or five personal applications the prefecto arrived here, and has condemned the people the law, not because of any municipal law, but because it for it.
and approved the alcalde. is the law of the Church. In the Catholic Church here, as In eonclusion I have te say, that all the material facts in We desire to say very respectfully, that it will not km well
as in other parts of the United States, the property of the above can be substantiated by affidavits or documents. for your worship to order ciúher of the Judges, Benguin the Church is confided to the care and control of the Bishop
Otero, or the prefecto to decide upon the conduet tua of the Diocese, as is also the discipline, worship, and gov
R. H. WEIGHTMAN, Attorney. alcalde ; for we think them equally interested with : ernment thereof, and by liim is subdivided as may be ne- To Brevet Colonel JOHN MUNROE,
and we say to your worship, with all respect, that the cessary or convenient. This state of things prevails in New Civil and Military Gorernor of New Mexico.
of' Sunday last was nothing more than a project to Mexico; the Bishop of Durango, to whose diocese New
On this complaint, Colonel Munroe took no ac
date the people, and to obtain votes in the election set a Mexico has until recently belonged, confided the particular
take place. control here to the Vicario, whom he holds responsible tion.
In one, we desire to conduct ourselves as good ata; that that control is judiciously exercised; and the Vicario, Here are two letters of my own bringing to the but we do not care to be subjected to this alcalde; in his turn, has subdivided it among the curates of the dir- notice of Colonel Munroe further outrages, togeth
this reason we send you this letter, to say that er die ferent parishes, whom he holds responsible. This law, custom, or usage, be the same general or speer with a respectful memorial signed by one hund
fear of his bad acts, and to petition your worship b sispai
him until you can examine into his conduct. cial, has been adopted by the Catholic Church, and is not red owners of a church, declaring that they had With much respect, &e. forbidden by law. When it is for ridden, then will the right been disturbed in the enjoyment thereof, and hum- Signed by one hundred of the citizens of Sabinal, cene
of the church. fringed. So familiar is the faet to all in the United States; bly requesting that he would examine into the that no civil authority has a right to interfere in matters of conduct of their oppressor and remove him from
To the Governor Joun MUNROE. church discipline or governinent, that the assertion of it office. must pass for a trite truism, Notwithstanding this, the
SABINAL, Juse 19, 18:4.
SABINAL, June 18, 1850. following outrages have been perpetrated here in New SIR : At the request of the people of this vicinity, I
Six: Last night I dispatched a courier from this plare
with a petition, signed by more than one bundred perrita The limits of parishes, as they have been arranged under
have drawn up in Spanish a memorial directed to you. Or
informing you of the arbitrary conduct of Jesus drivs, 31 the authority of the Church, have been altered by civil ofi- I was sent for by express to Albuquerque by Don José
praying that he might be suspended from his functitatis erg cers to suit their ideas of propriety or convenience. This
you could examine into his conduct, and requesting that Chavis, informning me that he would like me to repair to has been done in reference to the parishes of Socorro, Al. this place with all dispatch, as he feared, unless the people | Luna, might be detailed to make the examination des
neither Judge Houghtou nor Judge Otero, or Prefetto kas buquerque, Belem, Toiná, and perhaps others; and it is were pacified, violence might be committed, as the authorbelieved by the authority or connivance of Judge Antonio
were believed to be equally culpable with the alcalde ities were attempting to force upon the people, against their José Otero.
I have now to report to you other outrages alictupled will, Padre Cardenas. Since the arrival of the American troops in this country, Padre Cardenas is the same person who was attempted
be committed. This evening, while in company with Pen a Secretary of Territory and acting Governor has sus.
Torres, José Armijo, and another, before the house of the to be forced on the people of Tome, which outrage Colonel pended, or attempted to suspend, Mr. Juan Felipe Ortiz
first, there arrived the constable of Belen, with two eat Washington countermanded, as you will perceive by the from his ecclesiastic functions as Vicario; threatened to
persons, with a document, (of which I send you as esat papers I had the honor to lay before you. Upon my arribanish a priest, who suggested a doubt as to his power to
copy,) directing said constable to go to the house of de val in Los Lunas, I met persons who informed me that do so; and finally ordered that priest to take advantage of Judges Houghton and Otero had arrived in that place, and
Armijo, and seek of bim a list of persons who, in erupea! the first opportunity to leave the country. This was done
with hiin, had embarrassed the arrangements or dispečia by Mr. Donisiano Vigil. that for the present all was quiet. I remained in Los Lu-*
of the alcalde. It is stated in this document that was list nas, and in the morning discovered that the judges, together An alcalde, in the absence of the parish priest, has de- with the prefecto, had set out on the evening before for Sabi
was understood by report, to be in possession of said manded the keys of the church of Tomé from the Sacris- nal, a second time. I therefore hastened on. On my arri
mnijo. This is supposed to be the same list which was tan; opened the church; taken from it the sacred vest- val'in Belen, I was informed that the people (of Sabinal)
night forwarded to you. The constable was further directed ments and consecrated vascs,and delivered them to Nicholas
to take the bodies of Jorá Armijo and of all the persone were in a state of revolution, and that Colonel May with Valencia, a non-conformist and suspended priest, to cele- his company was there, &c. From Belen I galloped to
mentioned in the list, and bring them before the honende brate a marriage and mass. This was done by an alcalde
Prefecto Ramon Luna, 10-morrow at sunrise, there to liste this place, but found the people working in their fields, and of Valencia county.
their offense examined into. To-mortoo, I bet you that Colonel May had neither arrived nor been heard from. An alcalde has directed Friar Benigno Cardenas, a non
notice, is the day of the election, and the persons whose The judges had also passed below, though the Prefecto conformist, suspended priest, and refugee from justice, to
names are signed to the list, all to a man are opposed by the was still there, justifying the conduct of the alcalde, and existing civil authorities. The capture of so many peoee go to the parish of Tomé, and receive, without excuse or threatening the people with the consequences of their inprotest from José de Jesus Baca, the regularly appointed subordination. Colonel May has since been heard froin, dating tlie people, between this point and Los Lanas, beste parish priest, the delivery of the church property, taking an and declines interfering. inventory of'it. This was done by Alcaide Vicente Amnijo, Since hearing from Colonel May, the alcalde has cited, | voting.
having the effect of depriving the captured of the ngut de of Valencia county, and Friar Benigno Cardenas is now through the constable, armed men to be present, to assist exercising his forbidden functions in the parish of Tomé, him in enforcing order, for which there is no cause, as order
This citation beingillegal from beginning to end, I advised from which Padre Baca is excluded. prevails, and will prevail, unless he disturbs it. The armed
Don José Armijo, not 10 notiee it. The people here a Two suspended priests are at this moment exercising inen have not yet inade their appearance, and I presume
much frightened, and bave offered to pay me to stay af ecclesiastical functions in the county of Valencia; to this
defend them. Still these are the people who are represented will not there is no objection. When any members of a church, of one thing I can assure you-that though determined
as being in a state of revolution. They expect, and a lay or ecclesiastical, desire to apostatize, they have the to resist the entrance of Padre Cardenas into their church,
good cause, to be harassed with fines and imprisonment
by the authorities. right to do so, and, if they please, to be the founders of an- no people who are so anxious can be more peaceable. other creed. In doing this, however, they have no right to agree with the people entirely that the whole is an elec
The people up to this time, have not committed a single seize upon or occupy the temples of the church from which tioneering trick,
to intimidate the people into voting for the
illegal act; but if they are harassed still further, it is post they apostatize. If they are ambitious to be reforniers,
ble that through ignorance they may err. It is better existing authorities. they must do as the Protestants did of yore-draw off from The people here are anxious for you yourself to examine
this fear that they desire me to remain with and selv the Catholics; build temples of their own, and leave the
them. They desire to maintain their rights, but not a break property of that Church where they found it, in the hands either of the judges, or the prefecto, as they believe that population, with not inore than fiteen exceptions in inte of the owners, the Catholic Churchi.
the whole originated with them. The suspended priests alluded to, Friar Benigno Carde- Houghton, who had been at Otero's house, and Otero
ied. A simple remedy for the existing evils, I take the nas and Priest Nicholas Valencia, are now occupying arrived, though not in company, on the same day, and Car
liberty of suggesting; it is this: for you to direct the author parishes or temples, from wbich the civil authority, without denas on the day before. On the arrival of the judges || and, in the interim, not to trouble tbem more conception
ities here to indict, before the grand jury, all the culpabile; judicial decision, have ousted their predecessors. This operations commenced, and rumors of assassination and matter stands on very simple ground. Padre Otero, at a revolution, in the midst of which I am living, enjoying the
this matter. The investigation will
then be conducted by certain date, was in possession of the temple at Belem. good things of this life with much relish, and with an abid
the prosecutor of the Territory, and then if the people base Padre Baca, at a certain date, was in possession of the ing confidence in the virtue of the people, and none what
offended, they will then be punished and not annoyed by
petty molestations. I have to say, moreover, that is on parish of Tomé, with its dependencies, and without judicial ever in the judges and prefectos. decision on either the right of property, or possession, were The Mexicans are learning rapidly their rights, and in a
the utmost importance, to examine into the conduct of the ousted by the civil authority, and their places filled by nonfew more elections cannot be imposed upon by any pre
alcalde. I have further to say, what I have before taid to conformists, or, which is the same thing, by apostates. tended authority. Six months ago two judges, a prefecto
fore you, that very few of the civil authorities are captie Now, whether the possession of Padres Baca and Otero and alcalde could have done what they pleased out of
or desirous, of examining dispassionately into the conduct was founded on right or not, nothing can be clearer than Santa Fe or Taos; but Democratic doctrines are very prothat they should have been permitted to retain that right gressive, and much liked by every people who have had an
honor of stating to you, banded together for mutual protec until deprived of it by due course of law.
tion in their iniquities. The prefecto of the county opportunity of witnessing their operation. I have every The ousting of Padres Baca and Otero, if done under confidence in the virtue of the people. The only thing of
Bernallillo is particularly objectionable; indeed, I koos color of law or authority, not having Seen effected by judi- which I have any fear is the wholesale frauds, which cial decision, or legislative enactment, must have been experience has taught me to expect.
whom I consider competent to the task, and he is the per done by executive acts. of the executive here, you are Be so good as to preserve this letter, as I desire to make
fecto of San Miguel, Mr. Grolmanwith this gentleman / the undoubted head; and I therefore request, as an act of a copy. Very respectfully yours,
have no personal acquaintance, and his political viens de justice at your hands, that the Catholic Church be restored
R. H. WEIGHTMAN.
opposed to mine, but he has the character of an upright, to the possession of the property of which she bas, without Colonel John MUNROE,
honorable, and sensible man.
As I mentioned in any communication of last night, that law, been deprived by executive acts. And inasmuch as Military and Civil Governor of New Mexico. a change of government will soon be bad here, and because
the cause of the difficulty here is, that the alcalde attempted of the ignorance of the present judiciary, (not one of the
to open the church that Friar Cardenas, a suspended prist judges having been bred to the law,) to prevent future diffi
SATINAL, June 18, 1850.
might perform therein a mass. To this step of the alcalde culties, I suggest that the courts be restrained from taking Sir: With much respect we desire to represent to your
more than one hundred, of the hundred and twenty owners of the church, objected, signing a paper to this effect: "la
o not care for Pedro Cardenas ;” or, in other words they Phelps) makes a speech, in which charges are Governor Calhoun in interfering in the election of id not desire his services. Mc. Joxe Armijo, an eldeely broughí, not against the Governor of New Mex- the Delegate from the Territory of New Mexico, entleman of good repute was deputed spokesman, and, in ompany with a number of the congregation, told the alcalde
ico in connection merely with this election, but a and also in the special election, held in the county hat it was against their will for Pedro Cardenas to say mass string of general charges such as have not been of Rio Arriba. I thought it was a fair and legitia their church. The alcalde replied that she had the brought, perhaps, against any public man since mate inference, and a matter which might be urged hower, and did not recognize that of the people." To vhich was replied: * If you do not recognize the people,
those preferred against Warren Hastings. Now, to show that there was an interference on the part ir their sovereignty, the people will not recognize you as
if these charges are all true, why does not the of the Governor of that Territory in political affairs, lealde." And these words have been construed in rebel gentleman offer a resolution here, asking that a which was unauthorized, and highly censurable ion.
committee of investigation may be raised for the upon his part. I did not enter into a discussion of With sincere hope that the cries of a distressed peove may not be una tailing, 1.kre cile nonar te siguen per purpose of ascertaining their truth. They have the oppressions which the people suffered under the our obedient servant, R. H. WEIGHTMAN, nothing to do with this question in law,
military Government of New Mexico, I supposed Colonel Jorx MUNROE,
Mr. PHELPS. If the gentleman from South that the gentleman from New Mexico (Mr. Military and Ciril Governor of New Mexico,
Carolina (Mr. Orr) had paid a little more strict at- WEIGHTMAN) would have confined himself entirely To these appeals of an oppressed and distressed tention to what I had to say of the conduct of Gov- || to defending Governor Calhoun from the charges People Colonel Munroe turned a deaf ear. ernor Calhoun, he would have found that my re- i which I brought against him. As to those, there Here is the report of the Auditor of New Mexico, marks were confined exclusively to his conduct in ' has been no denial on the part of the gentleman. harging certain officers with embezzlement of the interfering in the elections. I found it necessary Here is the explanation I desire to make. I had, rublic funds. I will not read it, but it distinctly is to read some extracts from a newspaper, and also intended to have submitted something further. harges willful and deliberate fraud and collusion from a manuscript letter which had been addressed Mr. ORR. I have no doubt that the gentleman retween certain officers (holding their offices at to the Presideni of the United States by certain from Missouri [Mr. Phelps] thought his action he alssolute will and pleasure of Colonel Munroe) : gentlemen in this city, and there were some other ) in the premises was right, but I think it has been o embezzle the public funds, and exhibiting proofs charges connected with it which it was necessary unusual for such a course to be taken. of the embezzlement, on which Colonel Munroe for me to read, in order to obtain the portion 1 Mr. WEIGHTMAN. Will the gentleman yield ook no action.
wanted. I intended to contine my remarks to the me the floor for a moment? Here is the case of Simon Rosenstein, to which interference on the part of Governor Calhoun in invite particular attention. Here it is:
Mr. ORR. I cannot refuse, but it is the last political affairs, and in the elections that were held time. SANTA FE, NEw Mexico, in the Territory of New Mexico. I had nothing Mr. WEIGHTMAN. The gentleman from Sir: It is my painful duty as counsel for Simon Rosen- i to say of the conduct of the Governor in any Missouri says I have not taken up the charges fein, a citizen of the United States, to bring to your notice other particular.
against Governor Calhoun, I am inclined to think i most grievous and distressing outrage, which lias been Mr. ORR. I was very attentive to the remarks that I showed those charges were before the people, ommitted on his person. Without law, or color of law, white peaceally engaged heard his entire speech. i desire to inquire of that iny adversaries dared not take the testimony
of my friend from Missouri, (Mr. Phelps,) and I brought in issue under the contested election, and berchant, he was arrested by a non-commissioned officer gentlemen, if they do not remember distinctly that upon those issues. ind four soldiers belonging to the garrison at Albuquerque, he charges the Governor of New Mexico with ind, without trial or farru of trial, congned in the guard certain corruption in securing the election of mem- question.
Mr. ORR. I renew my demand for the previous jouse of that place for the night, during which he was furuished with neither food nor wedding, and weithose bei I desire to inquire what connection that has with main question ordered.
bers to the Territorial Legislature of New Mexico. The previous question was seconded, and the vermitted to write to his friends, though he requested perni vion so to do.
the question now before the House. But the main The' SPEAKER. The question is upon reThis arrest took place on Tuesday last of this month, at about one o'clock,
purpose I had in view in calling the attention of il ferring the memorial to the Committee of Elections, On the next morning he was told that he must be blind
The House to this subject at the present time is this: , and that it be printed. olded, as it was necessary to take him to another room that Here a memorial is presented, contesting the seat Mr. JONES, of Tennessee. I ask for a division ne might be questioned, and having been blindfolded, be of a delegate. That memorial should be referred of the question. There is no necessity for printwas led into another room and stripped, and bound, and to the Committee of Elections, whose duty iting. scourged.
He was left insensible, and is at this moment in sufferiug | would be to inquire into the facts, and report them The question then recurring first upon the referfrom the effects of this illeg.d and brutal treatment, and to the House in an authoritative form, and then ence, it was taken, and decided in the affirmative. knows not to this hour for wliat he has been pnuished. each member of this House becomes a judge upon Side by side with the statement of this outrage, I place that statement of the facts. It is not right that either of Elections.
So the memorial was referred to the Committee the words of the Constitution of the United States “In all criminal proseentions, the accused shall enjoy the right to
the contestant or sitting member should be preju- The question was then taken upon the printing, * a speedy and public trial, by an impartial jury of the State diced in the estimation of the House or country, by and it was not agreed to. or district wherein the crime shall bave been committed, if any ex parte statements made by those presenting which district shall have been previously ascertained by the memorial, or in defense by the gentleman from has been before the Judiciary Committee for a
Mr. KING, of New York. I have a bill which * accusation; to be confronted with the witnesses against : New Mexico, (Mr. Welgurman. It is a ques- long time, and which the convenience of suitors ‘lim; to have compulsory process for obtaining witnesses tion which should not have been agitated at all, but in the city of New York requires should be passed. in his favor, and to have the assistance of counsel for his should have been referred to a committee. When It is one to which there can be no objection, and defense." Has the sufferer, Simon Rosenstein, been accused? a committee submits a report, then it will be open I ask the unanimous consent of the House to make
Has he enjoyed the right to a public and speedy trial by lo fair debate and decision by the House. Ide- a report of the bill with an amendment.
Mr. ORR objected. Has he been informed of the nature and cause of the ac- Mr. PHELPS. Will the gentleman permit me Mr. KING. It is a bill to which there can be cusation? Has he been confronted with witnesses against him? one word of explanation. I think the gentleman no objection. It has been in my hands for some Has compulsory process been afforded him for obtaining from South Carolina (Mr. ORR) has unintention- six weeks, but the morning hour has been taken ally done me injustice.
up with business connected with the public lands. Has he had the assistance of counsel for his defense? Who is the perpetrator of this outrage upon the personin the gentleman, for the purpose of allowing him to enabling me to introduce the bill,
Mr. ORR. I will yield the floor temporarily to i move to suspend the rules, for the purpose of a citizen and upon the laws of the country, a court of inquiry may discover.
make a short explanation. I want to make my Mr. ORR. I rise to a privileged motion. I As counset for Simon Rosenstein, I feel called upon re- usual motion very soon. [Laughter.]
meve that the House do now adjourn. spectfully to a-k of you, sir, in your double capacity as Mr. PIIELPS. The gentleman was confoundCivil and Military Goverer, to cause a striert investigation ing some of the matter which I read at the time this bill. It will
not take five minutes,
Mr. KING. I hope the House will first pass perpetrators may be brought to light.
I was addressing the House, with remarks I my- Mr. SEYMOUR, of New York. I appeal to I am, sir, very respectfully, your obedient servant, R. H. WEIGHTMAN,
selfsubmitted. The gentleman is inclined, perhaps, the gentleman from South Carolina to withdraw Counsel for Simon Rosenstein.
to censure the course I have pursued in the pre- his motion and allow this bill to be acted on. To Col. JOHN MUNROE,
sentation of this memorial, and the remarks which Mr. ORR. I cannot do it. Military and Civil Governor of New Mexico.
I made on the day I presented it. I briefly stated Mr. SEYMOUR. The passage of this bill is And on this complaint Colonel Munroe did takı the charges which the petitioner made, stating absolutely necessary for the progress of business no action.
the fact that he contested the right of the gentle in the courts. Mr. PHELPS. Who commanded at Albu- man from New Mexico to a seat upon this floor. Mr. ORR. All the committees of this House querque:
I was proceeding at that time to say something in | have bills which they desire to submit, and if Mr. WEIGHTMAN, I am talking about com- relation to the conduct of Governor Calhoun in
reports were called for regularly for one hour, plaints I laid before Governor Munroe, upon which the election in New Mexico, and my friend from they would all have an opportunity. he took no action.
North Carolina (Mr. STANLY) suggested the post- The question was then taken on Mr. Orr's Mr. PHELPS. Who commanded at Albu- l ponement of the matter. To that point I had said motion, and it was decided in the negative-ayes
nothing, but that which the rules of the House 51, noes 52. Mr. WEIGHTMAN. Major Hine.
require me to say in the presentation of a memo- So the House refused to adjourn. [Here the hammer fell.)
rial, or a petition. At a subsequent time, I con- Mr. KING. I believe my motion will come Mr. ORR. I have arisen for the purpose of fined myself entirely to the charges contained in up the first thing on Monday next, and as it is not demanding the previous question upon the motion | the memorial. After that, at an interview with probable a quorum can now be brought in, I will that has been submitted, to refer this matter to the the Delegate from New Mexico, I informed him not ask the House' to act on my motion nou. Committee on Elections and to print. Before of the course of remark which I had intended to Mr. STUART. Is not the Alabama land bill making that motion, however, I desire to make a have pursued, had I not been arrested in it. I had the first thing in order when the House proceeds remark or too upon this subject. I think the de- no desire, as I stated at the time I offered that me- to the call of committees ? bate we have been listening to has been most un- morial, to do anything which might prejudice his The SPEAKER. There are two such billsfortunate, and certainly very unusual. A memorial case. He seemed to think that I had gone a little the Alabama land bill, and the North Carolina is presented by Captain Reynolds, contesting the too far, and desired, therefore, to reply. I was land bill—the previous question being demanded seat of the delegate from New Mexico, and upon willing the matter should rest there. I had con- in both cases, but not ordered in either. Those that memorial the gentleman from Missouri [Mr. ) fined my remark exclusively to the conduct of || bills, therefore, take their places on the Speaker's
witnesses in his favor?
jectionable as a graft upon a single bill. The tion which can be perverted, because it will tend Mr. DOUGLAS. Mr. President, I think the Senator who introduced it doubtless assumed that to make the subject more understood, and will Senator from South Carolina (Mr. Ruett) is in other bills, already introduced, would pass; but, create a greater amount of prejudice against such error as to the construction of this bill. I onder if his amendment be founded on this assumption, a proposition, than any other objection which stand this to have been in the respect to whicle be it should await the action of Congress on all these could be urged. It can raise the old cry of foreign refers, a copy of the bill which passed at the last bills.
sovereignties-States becoming proprietors, land- Congress for the States of Alabama, Mississippi, 3. If adopted, the amendment would endanger, holders, within the sovereign jurisdiction of other and Illinois. The construction which has been if it did not occasion the defeat of, the Iowa land States. Without saying anything more, I ask given to that bill, not only by its friends upon than bill. This seems certain. Having this measure that the question be taken on this amendment to Hoor and in the other House of Congress, but by at heart, believing it founded in essential justice, | the amendment, in order tha: these selections may | the Departments in its execution, has been that the I am unwilling to place it in this jeopardy. be confined—if the amendment of the Senator from lands, not only within the six miles, but also co4. It prepares the way for States of this Union Kentucky should be adopted to lands within the side of the six
miles, and within the fifteen miles, to become landholders in other States, subject of territories, and not within the limits of any organ- / were to be selected in alternate sections. That course to the legislation of those States an expe- ||ized State of the Union.
question has been before the Departments, under dient which, though not strictly objectionable on The amendment to the amendment was agreed that law, within the last few weeks, and was » grounds of law, or under the Constitution, is not to.
decided with reference to the selection of lands by agreeable to our national policy. It should not The question recurred on the amendment as the three States to which I have referred. be promoted without strong and special reasons amended.
Mr. WALKER. That is the fair constructin. therefor. In the bill introduced by the Senator Mr. RHETT. I am not going to debate this Mr. DOUGLAS. It having therefore received from Illinois, [Mr. Shields,] bestowing lands for i question; but, as I am the only Senator present that construction, which is in my opinion the correct the benefit of the insane in different States, this from the State I represent, I propose to state, in a construction according to the intent and meaning objection has been partially obviated, by providing very few words, why I cannot support either the of the friends of the measure here and in the other that the States in which there were no public i amendment or the bill. I cannot support the House at the time it passed, of course this bill ved lands should select their portion in the Territories amendment, because it is a clear and distinct as- receive the same construction when it shall become of the United States, and not in other States. But, sertion of the right of the Government to aid in the law of the land and the Departments shall be since in a short time these very Territories may enabling States to carry on internal improvements. ' called upon to execute it. And receiving that conbecome States, this objection is rather adjourned It is an appropriation, therefore, of lands, and, struction, these lands will be selected in alternate than entirely removed.
consequently of money, to carry on works of in- sections to the extent that they go on each side of 5. But the lands held under this amendment, ternal improvement. This power is not granted the road, even up to the limit of fifteen mies
. though in the hands of States, will be liable to tax- by the Constitution to Congress, either in the ap- | That I apprehend obviates the objection which ation, as the lands of other non-resident proprie- || propriation of money or lands. It is contrary to has been urged by the Senator from South Carotors, and on this account will be comparatively | the whole course I have pursued since I have been lina. In regard to his remark with reference to the valueless. For this reason I said that the amend- a public man.
policy of Mr. Calhoun, I can only say that the ment held out the attraction of seeming, though The same objection, it appears to me, applies speech of that distinguished Senator from South unsubstantial, self-interest. That the lands will || also to the bill itself. It is very true that in the Carolina, now no more, was made in support of be liable to taxation cannot be doubted. The operation of the bill it would appear that the the Illinois bill, of which this is a copy. There amendment does not propose in any way to relieve remark of my friend from lowa (Mr. DoDGE] || fore, I regard the speech of Mr. Calhoun as harthem from this burden; nor am I aware that they
It does speak of alternate sections ing indorsed not only the principles but the details can be relieved from it. The existing immunity is for six miles on each side of the road. That of the bill now pending before the Senate. I reonly so long as they belong to the United States. | being the case, according to his argument, and member, well the language of the distinguishad Now, there is reason to believe that, from lack of according to the argument of Mr. Calhoun, it Senator from South Carolina at that time. Wha agencies and other means familiar to the United | would be no losts to the Government, inasmuch as it was urged that the Minois grant was too much, States, the lands distributed by this amendment | every other alternate section is appreciated and that the road was too long, that it required to would not find as prompt a market as those still doubled in price to the Government by the bill. ! large a quantity of land, his reply was, that the in the hands of the Great Landholder. But how- If this appreciation of alternate sections takes principle being right, the policy being correct
, the soever this may be, it is entirely clear, from the place, I admit that the principle stated by Mr. | longer the road the greater would be the advantage recorded experience of the national domain, that | Calhoun covers the bill." But this bill does not which would result to the United States from it these lands, if sold at the minimum price of the stop there, and I think the real practical part of It was with reference to this policy that that speech public lands, and only as rapidly as those of the the bill does not begin there. The real operation was made. Of course it is fresh in my mind, be United States, and if meanwhile they are subject of the bill is in the ulterior part, providing that cause being here at the time and feeling an interest to the same burdens as the lands of other non-resi-beyond the six miles lands may be located for fif- in the bill on which he was speaking, it made a dents, will, before the sales are closed, be eaten up teen miles further; and within these fifteen miles, | deep and abiding impression on me. I thought by the taxes. The taxes will amount to more they are not to take lands by alternate sections, that he was correct then; and if correct then, than the entire receipts from the sales of the lands; and there is to be no appreciation of sections, but think the policy is right now when applied to a difand thus the grant, while unjust to the land States they may take them in one body aggregately ferent road from that on which he spoke, the prinwill be worthless to the old States, the pretended Mr. DODGE, of lowa. They are to take landsciples and the details of the bill being the same, so beneficiaries. In the Roman law an insolvent in- fifteen miles in all, and not fifteen miles beyond far as they occur to me at this time. heritance was known by an expressive phrase as the six miles.
Mr. UNDERWOOD. I do not recollect that, damnosa hereditas. A grant under this amend- Mr. RHÉTT. Well, then, nihe miles beyond in the former discussions on this subject, the attement would be damnosa donatio.
the six miles they are to take lands, and they are | tion of the Senate was ever brought minutely to For these good and sufficient reasons, I am op- | not then to take them alternately, but may take the selection of the lands beyond the six miles posed to this amendment.
them aggregately. Undoubtedly they will select provided for in these several bills. I do not reMr. BELL. To test the sense of the Senate on all the best portions of the lands in aggregate ollect that the attention of the Senate has ever a question suggested by the Senator from Massa- masses. Pursuing their own interests, they would been, until this session, brought to the considera chusetts, I offer an amendment to the amendment be acting foolishly if they did not do so. What, tion of the selection of the lands on the outside of of the Senator from Kentucky, to come in as a then, becomes of the alternate-section principle, the six miles in reference to the price. That is proviso at the end of the first section of it, as fol- | by which the improvement of a part is made to what I want to have understood. I do not intend lows:
inure to the benefit of the whole? They will take now to discuss anything, for I am as much tired Provided, That the lands to be selected for the States the better portions, and leave the refuse lands, that of the subject as any gentleman can be, and I am under the provisions of this section, shall not be located within the limits of any State, but shall be selected within
we have no right to suppose will realize any ad tired even of hearing myself talk. I have talked the territories organized, or to be hereafter organized, east
vantage to the Government. This portion of the enough on the subject; but I want to make my of the Rocky Mountains.
bill seems to me to go entirely beyond the original statement, and then, after making a motion, I wil I do not mean to occupy the attention of the || bills passed by the Senate formerly, when Mr. take my seat. Senate on this subject. I have listened to the ar- Calhoun was a member of this body. Then, the I wish to state that I do not recollect that Mr. guments of honorable Senators who have opposed i lands
that were granted were entirely waste and Calhoun, or any other Senator, in discussions with great attention; and it seems to me that there will go through lands in the West, where there this subject, ever called the attention of the body was more plausibility in the objection urged by are not any alternate sections which are not taken, to the question of the increased price outside of the the Senator from Massachusetts, (and which is but where the greater portion of the land on each six miles next the line of the road. Sir, it is s obviated by this amendment of mine,) than in any side of the road has been taken. This very pro- fact that there is no increase provided for by these that it is only a plausible objection; for really, masses beyond the six miles, places it pretty much increase of price is limited to the lands within the and constitutional
point of view, there can be very Senator from Kentucky. Therefore the objection tance from which to make the selection, the effect little difference whether States or individuals are that applies to the amendment, applies also, in of the bills is a donation, a complete donation, of the proprietors of lands within the States-considering that our States are not foreign to each of them in this form,
as I have said, bills appro- States get without any equivalent at all. I have other; for, although this is not a consolidated priating lands as a substitute for money by this voted for these bills heretofore upon the principle government, yet, in many respects, they are the Government for internal improvements in the of internal improvements, for all that-knowing one State are equally privileges of citizens of all unalterably opposed to an appropriation for in- | things understood. I want the Senate and the intercourse of trade or holding property between from the public Treasury, or of lands from the that that is the effect of them—that the lands on any of the States. Nevertheless, it is an objec- il public domain.
the outside of the six miles are given as so much
Resolved, that the Secretary of War be directed to have Mr. SUMNER. Much time has been con- me, therefore, that justice towards the Slates in which pared and communicated to the Senate, an estimate of cost of constructing a basin at the terminus of the
sumed by this question. At several periods the it. these lands lie, demands a liberal and generous policy lesapeake and Ohio Canal at Rock Creek, sutficient to debate has seemed about to stop, and then again it || towards them.” In accordance with this recomcommodate the trade of the canal at that point.
has taken a new spring, while the goal has con- mendation, it was resolved by the Legislature, EXTENSION OF THE CAPITOL.
stantly receded. I know not if it is now near the “That in the disposition of the public lands, this The Senate resumed the consideration of the end. But I hope that I shall not seem to interfere Commonwealth approves of making liberal provisions int resolution to authorize the continuance of with its natural course, or unduly
occupy the time * in favor of the new States, and that she ever has e work upon the two wings of the Capitoi, with of the Senate, if I venture again for one moment been, and still is, ready to cooperate with other e amendment of the House of Representatives to take part in it.
portions of the Union in securing to those States ereto, and it was
The argument which I submitted on a former such provisions." Thus a generous policy toOrdered, That it be referred to the Committee on Public
occasion has not passed unregarded. And since | wards the land States, with liberal provisions in uildings.
it can owe little to my individual position, I accept their favor, was considered by Massachusetts the Mr. BORLAND submitted the following reso- | the opposition it has er.countered as a tribute to its part of justice. tion for consideration; which was agreed to: intrinsic importance. It has been assailed by dif- It was my purpose, before this debate closed, to Resolred, That the Committee on Public Buildings of ferent Senators on different days and in different consider again the argument I formerly submitted, le Sepate, be instructed to inake a thorough examination ways. It has been met by harmless pleasantry, and to vindicate its accuracy in all respects, both
the work thus far executed on the extension of the Cap: and by equally harmless vituperation; by figures in principle and in detail. But this has already Dł: 1st. As to the uniformity of the strata upon which le walls rest. 2d. As to the quality and the dimensions of
of rhetoric and figures of arithmetic; by minute been so amply done by others so much abler than 19 stone, and quality of the mortar used. 3d. As to the criticism and extended discussion; also, by that myself—by the Senator from Missouri, (Mr. saracter of the work, the mode of its construction, and its sure resource of a weak cause, hard words and an GEYER,] both the Senators from Michigan, (Mr. Wer of resistance, 4th. As to every other matter and
imputation of personal motives. I do not now ing connected therewith as may, in their opinion, affect
Felch and Mr. Cass,] the Senator from Arkanje stability and permanency of the whole structure. And propose to reply to all this array: least of all shall (Mr. BORLAND,) the Senator from lowa, (Mr. le committee are hereby empowered to bring to their aid, I retort the hard words or repel the personal im: | Dodge,) and the Senator from Louisiana, Mr.
the foregoing examination, such of the United States putation. On this head I content myself now with Downs)--all of whom, with different degrees of opographical Engineers, and other competent persons as ley inay think proper.
saying--and confidently, too-that, had he known fullness, have urged the same grounds in favor of
me better, the Senator from Kentucky, (Mr. Un- this bill, that I feel unwilling at this hour, and WILLIAM A. CHRISTIAN. The Senate resumed the consideration of the en- | ful, would have hesitated long before uttermg ex
DERWOOD,) who is usually so moderate and care- while the Senate actually waits to vote on the rossed bill for the relief of William A. Christian, pressions which fell from him in this debute.
question, to occupy time by further dwelling upon
it. Perhaps on some other occasion I may think le vote on the passage of which was reconsidered esterday, on the motion of Mr. Gwin.
The position I took was regarded as natural or proper to return to it.
excusable in a Senator from one of the land States, But, while avoiding what seems superfluous disMr. GWIN. I move to strike out the sum of acting under the vulgar spur of local interest; but cussion, I cannot forbear to ask your attention to 2,463 74 mentioned in the bill and insert $1,584 78. it was pronounced unnatural and inexcusable in a the amendment of the Senator from Kentucky, 'he committee took the bill which was originally | Senator from Massachusetts. Now, sir, it is suf- || [Mr. UNDERWOOD.) Itroduced at a previous session and which passed ficient for me to say, in reply to this suggestion, re Senate before. They were not aware, at the
This amendment, when addressed to the Senathat, while I know there are influences and biases tors of the favored States, is of a most plausible ime they reported this bill, that another bill had een passed into a law, covering the amount which | Union, I recognize
no difference in the duties of thirteen States, together with Vermont, Maine,
incident to particular States or sections of the character. It proposes to give to the original is now proposed to deduct. The amendment is Senators on this four. Coming from different Tennessee, and Kentucky, for purposes of educaimply to reduce the amount by taking from it States and opposite sections, we are all Senators tion and internal improvemeni, portions of the hat which has already been paid. Mr. BADGER. And it ought to be mentioned, fear or favor, 'to introduce into the national legis- || habitant, according to the recent census. This is
of the Union; and our constant duty is, without public domain, at the rate of one acre to each in. n honor of the gentleman for whose benefit the lation the principle of justice. In this spirit, while commended by the declared object--education and will passed, that he himself first discovered the sustaining the bill now before the Senate, I spoke | internal improvement. Still further, in its disnistake in the amount. Being aware of the fact for justice to the land States. that a portion of the claim had been previously
crimination of the old States, it assumes a guise provided for, he gave notice of that fact, to the ample of the Senators and Representatives of holds out the attraction of seeming, though un:
In sustaining this bill, I but followed the ex- / well calculated to tempt them to its support. It committee, in order that the amount might be re
Massachusetts on kindred measures from their substantial, self-interest. It offers a lure, a bait duced to a proper sum.
earliest introduction down to the present time. The amendment was agreed to, and the bill was
to be unjust. I object to it on several grounds: The first instance was in 1823, on the grant to the passed.
1. But I put it in the fore-front, as my first obState of Ohio of land one hundred and twenty-five | jection, its clear, indubitable, and radical injustice, ORDER OF BUSINESS.
feet wide, with one mile on each side, for the con- | written on its very face. The amendment conThe PRESIDENT announced that the hour struction of a road from the lower rapids of the fines its donations to the old States; and, in so had arrived for the consideration of the special | Miami river to the western boundary of the Con- | doing, makes an inequitable discrimination in order, which was the bill granting the right of way necticut Reserve. On the final passage of this their favor. It tacitly assumes that by the bill in and making a grant of land to the State of lowa grant in the House, the Massachusetts delegation question, or in some other way, the land States in aid of the construction of certain railroads in voted as follows: Yeas-Samuel C. Allen, Henry | have received their proper distributive portion, so said State.
W. Dwight, Timothy Fuller, Jeremiah Nelson, || as to lose all title to share with the old States in Mr. BRADBURY. I desire to ask that the John Reed, Jofathan Russell. Nay-Benjamin | the proposed distribution. But if there be any special order be postponed for two or three min- Gorham. In the Senate, the bill passed without || force in the argument, so much considered in this ates, for the purpose of taking up the bill reported a division. In 1828 a still greater unanimity oc- debate, that these railroad grants actually enhance by the Committee on the Judiciary providing for curred on the passage of the bill to aid the State the neighboring lands of the United States, and he purchase of the ninth volume of the laws of | of Ohio in extending the Miami canal from Dayton constitute a proper mode of bringing them into he United States. I make the request for this to Lake Erie; and this bill is the first instance of the market, or if there be any force in the other reason: Several members of the House of Repre- the grant of alternate sections, as in that now be argument which I have presented, drawn from the sentatives have applied to me, saying that they || fore the Senate. On this the Massachusetts del equitable claims of the land States, in comparison are without this volume of the laws, which it is egation in the House voted as follows: Yeas || with the other States, to the bounty of the great very essential that they should have. It is in ac- Isaac C. Bates, Benjamin W. Crowninshield, untareil proprietor, then this assumption is uncordance with the request of the Secretary of State | John Davis, Edward Everett, John Locke, John | founded. There is no basis for the discriminathat he be authorized to purchase one thousand Reed, Joseph Richardson, John Varnum. Nays | tion made by the amendment. If the lowa land copies of this volume, to be distributed in the man- | --none. In the Senate, Messrs. Silsbee and bill be proper to be passed without this amendner provided for by the act for the distribution of Webster both voted in the affirmative. I pass | ment, as I'submit it is, then this amendment, inthe previous volumes. I hope there will be no over the intermediate grants which, as I am told, || troducing a new discrimination, is improper to be objection to this course.
have been sustained by the Massachusetts delega- | added to it. Nor do I well see how any one, preMr. JONES, of Iowa. I am obliged to object. tion with substantial unanimity. The extensive pared to sustain the original bill, can sustain this I hope gentlemen will go on with our lowa bill. grants at the last session of Congress to Illinois, || amendment. The Senator from Kentucky, who If we can pass that in a reasonable time, then we Mississippi, and Alabama, in aid of a railroad leads us to expect his vote for the bill, seems to can take up the bill of the Senator from Maine.
from Chicago to Mobile, were sustained by all confess the injustice of his attempted addition, Mr. BRADBURY. The bill which I wish to the Massachusetts votes in the House, except 2. I object to it as out of place. The amendhave taken up will not occupy more than two
ment proposes to ingraft upon a special railroad minutes. I would not ask this but for the fact
Still further, in sustaining the present bill on grant to a single State a novel system of distributhat I have been pressed by members of the House, . grounds of justice to the land States, I but followed tion of the national domain. Now, there is a who say that it is essential that they should be the recorded instructions of the Legislature of Mas- place and a time for all things; and nothing seems furnished with this volume.
sachusetts, addressed to its Senators and Repre- || io me more important in legislation than to keep The motion to postpone was not agreed to. sentatives here on a former occasion. The sub-| all things in their proper place, and to treat them RAILROADS IN IOWA.
ject was presented in a special message to the Le- || at their proper time. The distribution of the pubThe Senate resumed, as in Committee of the gislature in 1841, by the distinguished Governor lic lands is worthy of attention; and I am ready to Whole, the consideration of the bill granting the at that time, who strongly urged " a liberal policy | meet this great question whenever it arises legitiright of way and making a grant of land to the towards the actual setiler, and towards nero | mately for our consideration; but I object to conSinte of lowa in aid of the construction of certain Stales, for this is justly due to both.” And he i sidering it merely as a rider to the lowa land bill. railroads in said State, the pending question being added: "Such States are entitled to a more liberal The amendment would be less objectionable if on the amendment of Mr. UNDERWOOD.
share of the proceeds of the public lands than the proposed as a rider to a general system of railMr. UNDERWOOD called for the yeas and old States, as we owe to their enterprise much of road grants, as for instance to a bill embracing nays on his amendment; and they were ordered. the value this property has acquired. It seems to Il grants to all the land States; but it is specially ob