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[Here the hammer fell.]

Mr. ORR. It is in order to move an amendment to the original section, I believe.

The SPEAKER. It is in order to move an amendment to the clause, the question being on striking out the section.

Mr. ORR. I move, then, to reduce the appropriation from $890,000 to $1.

I was, Mr. Chairman, a member of the last Congress, and was present when the debates took place with reference to reducing the expenses of this department of the Government. I heard gentlemen upon the other side of the House advocate that reduction, I believe, with more zeal, certainly with more energy, than any upon this side of the House. Congress investigated this subject thoroughly. The matter was fully debated, and they determined to reduce the estimates of the Department from $2,500,000 to $2,000,000. The act passed in that way, and what is the state of facts presented by this bill now before the committee for its consideration? Have the different departments of Government conformed their action to the instructions received from the two Houses of Congress? So far from their conforming themselves to those instructions they have violated the express commands of Congress, and it is an insult to the American Congress for the officers of the Government now to come in and say that we refused, nine months ago, to make this appropriation, and we have gone on and expended the money, and you must pay it. In other words, the House of Representatives, the representatives of the people, after expressing their will upon this subject, are to become mere auditors for the Administration. There is a principle involved in the bill, and an important principle, too. I am unwilling to become a mere auditor. Congress having the power to make appropriations, and the President being required to conform to the appropriations made by Congress, when he chooses to set aside the express will of both branches of Congress let the responsibility be upon his shoulders, and let him not come here to ask us to pay for his violation of law.

Now, sir, there is one condition upon which I will vote for this bill, and it is the only one; otherwise I will take my share of the responsibility of defeating it, and every item it contains. If the President will cause to be removed, commencing at the heads of departments, every officer that has been guilty of violating, indirectly, the law which Congress has passed, I will vote for this bill, otherwise I will not. I think the American Congress ought to be able to exercise as much control over the Executive branch of the Government as the House of Commons in Great Britain can exercise over the Executive Government there. If they can require a set of ministers to be removed before making an appropriation, can it be true that an American Congress, under a free Government, have not the same power to control and direct the Executive branch of the Government, as in a monarchy like that of Great Britain?

[Here the hammer fell.]

Mr. STANLY. No motion has yet been made to this bill, upon this-the Whig-side of the House, for the sake of talk, and I trust none will be made. The other side are responsible for it. Let that fact be distinctly stated. But before I proceed further, I tender the homage of my thanks to the chairman of the Committee of Ways and Means, for the speech he just now made. They are the words of a patriot, lifting himself above the calls of the party, and becoming him; and a just rebuke to the extraordinary remarks of the gentleman from Ohio, [Mr. OLDS.] Sir, what have we before us? Here is a proposition made to cut down this appropriation for the support of the Government and the army, because remarks have been made here as to the responsibility attaching to Congress and to the Executive. And the gentleman from Ohio, [Mr. OLDS,] who talks about "bloody hands and hospitable graves," referring to old party matters, is properly rebuked, and he is willing to commit his countrymen to the bloody hands and hospitable graves of Indian hostilities, sooner than give this Government money to go on with! He refuses to vote, and will not vote, he says, for a bill, without which the army cannot be paid. The frontiers cannot be protected, treaties fulfilled, the soldiers in the service of their country cannot be fed, because a member of this House says Congress is responsible for cutting down

defy them in all their impotent efforts, we only ask them to do their duty to their country. The question was then taken upon the amendment to the amendment, and it was disagreed to. Mr. ORR moved pro forma to reduce the appropriation to $2.

I will reply, Mr. Chairman, to the interrogatory propounded to me by my friend from North Caro

appropriations! What a principle of conduct this is, by which a Representative in a Republican Government professes to regulate his conduct! Who are the Whigs in office spending this money improperly? General Jesup, quartermaster general-an honest man and a gallant soldier, though indirectly assailed-is a Democrat. If the Whigs can rely on his estimates, cannot the Democrats trust him? And the gentleman from South Caro-lina, [Mr. STANLY,] and I think it will be a very lina [Mr. ORR] does not intend to vote for this bill unless the President dismisses the Secretary of War, and his other officers-General Jesup, I suppose, included. I appeal to that gentleman, in his moments of calm reflection, whether he can justify himself before the country, in such a declaration. Mr. Conrad's friends here defy and solicit any examination into his conduct. Instead of extravagance, you will see that he has practiced economy-Whig economy-not in talk, like Democratic economy, but in actual reduction of expenses. If the President has done this wrong, why has the gentleman sat silently upon this floor since the beginning of the session, and brought forth no impeachment? Why have we not heard his voice upon these alleged abuses, while this bill was under consideration, during the last week? Why did not the gentleman from South Carolina take an hour and assail the Administration? Why did he allow his friends to make Buncombe speeches upon State politics, presidential candidates, the want of harmony in the Democratic ranks, &c., &c., &c., while each speaker had an hour, instead of discussing this bill? Sir, because the Administration was unassailable, and gentlemen on the other side knew it. We courted investigation; the other side did not want to discuss the bill. When this side of the House challenged investigation, why did the gentleman from South Carolina sit still in his seat.

Mr. ORR. I ask leave to say a word.

Mr. STANLY. Not in my time of five minutes. Mr. ORR. You did not want an answer. Mr. STANLY. I defy the answer, when the gentleman has time. With all respect to the gentleman, we solicit and defy all investigation into the conduct of the Administration. But let gentleman specify-let them name where are the abuses, and by what officers committed-but not deal in general charges. 1 charge that the other side of the House did not wish to discuss this bill-they evaded it. The gentleman from New York [Mr. BROOKS] made a point of order, that the discussion of the merits of presidential candidates was out of order. The Democratic party, who are here in a majority, decided against the gentleman from New York.

And now, after postponing and postponing this bill for weeks and weeks, refusing to discuss it, when they could discuss it, now, under the fiveminutes rule, they fire away, and make indiscriminate charges, in the hope that no chance can be afforded to the Administration to defend their

measures. Gentlemen on the other side seem to

me to be disappointed in their efforts to find just cause for assailing the Administration; and now they quarrel because the Administration has done nothing wrong to oblige them, and give them an excuse for railing!

Sir, while I condemn, as all good men of all parties will condemn, the remarks of the gentleman from Ohio, [Mr. OLDS,] whose party vindictiveness is so strong, that he avows his willingness to let the soldiers on the western frontier starve, let the settlers on the western frontiers go unprotected from Indian hostilities, let the Government drafts remain protested and unpaid, I acquit the chairman of the Committee of Ways and Means. He has done his duty like a man, and like a patriot, in the remarks which he has made. If his friends do not follow them, it is not his fault, but theirs. Let the country judge between us, the minority here, and the gentlemen upon the other side of this House, who it is that stops the wheels of this Government. I call upon gentlemen on the other side to say whether they indorse the remarks of the gentleman from Ohio, [Mr. OLDS?] Are they willing to injure their country, because some member of Congress charges, and correctly charges, that Congress, not the Executive, are responsible

for these deficiencies?

Let that issue be distinctly made up. We invite it; we challenge investigation into the conduct of the Administration and of the Departments. We will do our duty to our country, and while we

successful reply-in my judgment, at least. There are fifty officers-there may be one hundred offcers-who have been participants in disregard of the appropriations that were made by Congress, in directing their expenditures with reference to their own estimates, and not with regard to the appropriation. Well, now, suppose that I had set about an impeachment of these different offcers a hundred different officers-how long would it have required-how many days, weeks, and months would have been consumed in the impeachment of one single man? I do not believe, in the history of this Government, it has been attempted to impeach any officer of that grade. Certainly, many of them have been guilty of delinquencies, and have been removed. I can say to the President, If you retain officers in your Cabinet, under your direction, who willfully disregard the laws passed by Congress, and willfully expend larger sums of money than have been appropriated, and do not exclude them, you shall not have the money; but whenever you remove them, and give to the country an assurance and guarantee that such conduct shall not be repeated, then we will make the appropriation. As to those who were making an assault upon the Administration, while the hour debate was proceeding, all I have to say is, that my skirts are clear of it. I was opposed, and I wish that the gentleman from North Carolina was as much, to the closing of the debate as early as it was terminated. I thought this bill required to be debated; I thought that it ought to be thoroughly and fully investigated by this House; and I was satisfied more days even than had been appropriated to it would be insufficient for that purpose.

Mr. MARSHALL, of Kentucky. I have waited patiently, but with no inconsiderable solici tude, to hear some explanation from gentlemen of the Committee of Ways and Means, to justify a vote for those clauses in this bill by which appropriations are made to the quartermaster general's department, to supply alleged deficiencies. I have heard none that conveys a satisfactory or intelligible reason. I have heard no explanation as to the expenditure of the appropriation made to this bureau for the fiscal year ending June 30, 1852 I have inquired of gentlemen on the Committee of Ways and Means what account has been given of the amount we did appropriate, and I understand they cannot tell how it has been expended. I do not intend to vote another dollar upon the allegation of a deficiency, until I hear what has been done with that which Congress intended to supply the quartermaster general for the whole

year.

Mr. HOUSTON. I raise a point of order. The gentleman from Kentucky advocates the amendment of the gentleman from South Carolina instead of opposing it.

Mr. MARSHALL. I am opposed to reducing the appropriation to $2, [Laughter;] for the reason that I do not intend to vote any. [Renewed laughter.]

The CHAIRMAN. The gentleman is not, then, in order.

Mr. MARSHALL. Then I will vote three dollars, and will oppose cutting the appropriation down to two, for the purpose of being allowed to say, undisturbed, what I want to say. I listened attentively to the hour speeches of the gentleman from New York, [Mr. BROOKS,] and of the chair man of the Ways and Means, (Mr. HOUSTON, but neither advanced a single idea which was not elicited in the able debate of last session on the army appropriation bill. Then the whole sub ject was elaborately discussed. The Committee on Military Affairs brought forward the estimates of the quartermaster general, and attempted to of force them by calling attention to the extension of the treaty of Hidalgo-to the extension of the our territory-to considerations springing out of lines of supply; in fine, that committee then said all that the Secretary of War or the quartermaster general have since said to this Congress, and all

the gentlemen have said on this bill. Nothing new has been elicited. Well, sir, Congress, after that full discussion, in a test vote, solemnly refused to vote the quartermaster general's estimates, and only voted the amount reported by the Committee of Ways and Means.

I take it to have been the duty of the officer in charge of the appropriation to square his expenses to the means Congress provided. If he went on to expend the money in the face of this deliberate action of Congress, as though no such action had occurred, and he relied on this Congress to meet the deficiency so that his expenditures may equal the estimates which Congress refused, he has committed a grave error in my opinion. As this bill proposes to supply all Congress refused, and more, I want to know how the sum we voted has been expended, in order that I may judge of the necessity. I do not mean to make any attack upon any one. But, as a representative of the people, I do not intend, by my vote, to appropriate another dollar, under the circumstances of this case, until the Committee of Ways and Means explain, in some way, he manner in which this deficiency has arisen, and how the bureau has spent what was appropriated.

Mr. HOUSTON. The Administration is responsible.

Mr. MARSHALL. I know the gentleman has attacked the Administration, the Secretary of War, and the head of the army. I know the difficulty has sprung out of the course

Mr. HOUSTON. The gentleman from Kentucky does me injustice. I wish to state a fact

Mr. MARSHALL. I take it all back, then. [Laughter.] I had rather withdraw the remark on which the gentleman desires to comment, than to lose any of my time.

no person to cut down nearly the whole amount of the deficiency. Sir, precisely the reverse is true that Congress did not investigate, that Congress did not examine the estimates, neither did the Committee of Ways and Means of the last Congress go to the Department and ascertain if too much money was asked. No such thing was ever heard upon this floor at the last session of Congress. The whole argument was, that the amount looked large-looked like an extravagant amount, and ought to be cut down without rhyme or reason. Now, I think it is within the recollection of gentlemen here, who will bear me out, that that was in substance the position those gentlemen occupied upon that occasion. And what was said by the distinguished chairman of the Committee on Military Affairs upon that occasion? He said that he had examined this matter; that he had been to the Department; that he had investigated it, and prophesied that it would be necessary to provide for it at this session by a deficiency bill, as the result has shown. The records show why that was so. The estimates were returned to General Jesup, because it was said that they were too large, and he was asked to cut them down. He looked them over, investigated, returned them, and stated in his report to that Congress that they were made upon full consideration, and could not be reduced. It comes here now as a deficiency, because the last Congress failed to do its duty to give what the United States service required under existing laws and existing establishments.

The honorable gentleman from Kentucky [Mr. MARSHALL, says that he had rather vote to reduce or disband the army than to vote for this deficiency bill. Now, if he has the nerve to propose that, he shows some consistency in his action; but to keep up the army to its present numbers, and then to refuse the necessary money to support it, is the queerest sort of economy that ever entered into the brain of a statesman. If you desire to economize, reduce the source of the expenditures. Do not keep up your establishment, and then refuse to appropriate the necessary amount to defray the expenses of that establishment.

Mr. BAYLY, of Virginia. As a great deal of reference has been made to the conduct of the Committee of Ways and Means at the last session, in striking down the estimates which were transmitted to us from the War and other Departments, I feel it due to myself that I should state precisely what was our action at that time. When those es

Mr. Chairman, this proposition is a very serious one. We know Congress refused, last session, the very supplies now asked as a deficiency. We ought to know why there is a deficiency, before we reverse the solemn decision of Congress at the instance of a military officer, who asked for this money and was refused. There is a question of power, of dignity, of duty, here. I do not think we shall act wisely or well to vote this money, when we hear no explanation of what has been done with the appropriation which was made for the whole year. For one, I would rather take the responsibility of disbanding the army, than to vote a dollar under this state of the case. I would withdraw my forces altogether, and leave the peo-timates for the army and navy were brought to the ple of Texas and New Mexico to defend themselves as best they may, and afterwards pay their expenses, rather than to abandon a constitutional fundamental principle of this Government. We hold the keys of the Treasury, and we are responsible to the people

[Here the hammer fell.]

Mr. HOWARD moved pro forma to increase the appropriation.

Mr. JONES, of Tennessee. Is there not an amendment to an amendment pending? The gentleman from Ohio [Mr. OLDS] moves to strike out a clause, and the gentleman from South Carolina [Mr. ORR] moves to strike out and insert.

The CHAIRMAN. The ground the Chair takes is, that any gentleman has a right to perfect a clause before the question is taken upon a motion to strike out, inasmuch as that excludes the whole clause. The gentleman from South Carolina has made an amendment, and the Chair thinks that an amendment to that is in order.

Mr. HOWARD. There is no member of this Congress who was a member of the last that will not be astonished at the statement of my honorable friend from South Carolina, [Mr. ORR,] that the Committee of Ways and Means of the last Congress investigated this matter, asserted that the amount proposed to be appropriated was too large, and therefore reduced it. Why, sir, he cannot have forgotten that the honorable gentleman from the Committee of Ways and Means, who belongs to the other side of the House, not now in his seat, [Mr. TooмBS,] said, that in making this motion he struck in the dark, and did not know whether he was striking intelligibly or not. Now, under that state of things, we are gravely told that the last Congress deliberated and investigated this whole matter, ascertained that too much money was asked for, and, therefore, they cut it down. Now, it is complained against the Executive officer as a fault, that he has found

consideration of our committee, by their direction, I addressed a letter to the Secretary of War, and also to the Secretary of the Navy, informing them that we were not satisfied with the large amounts which were asked for, and that a disposition existed in the committee to curtail the amount of money appropriated to this branch of the public service; and we requested them to reform their estimates with a view to reduction in the amount of appropriations. To that official letter, I received a reply, in which we were told that the estimates which they had sent in were as small as they could recommend, and that they had cut them down to the lowest cent. When we received this communication, by the direction of the committee, I wrote a second letter, in which I inquired if Congress was determined to make reductions, at what point they should be made, in their opinion, with the least detriment to the public service. In reply to that inquiry, the Secretary of the Navy, although expressing his opinion that the estimates were as low as they ought to be, pointed out the places at which to strike, if we determined to strike, and we made in the Navy bill the reductions under those heads where the Secretary informed us they could be made with the least detriment to the public service.

I am told by one of the gentlemen of the Committee of Ways and Means, I have not examined the subject carefully, and that he has reduced his expenditures accordingly. The Secretary of War called upon General Jesup, and others under him, to answer these inquiries of ours, and the reply was, that the estimates could not be reduced anywhere without detriment to the public service, and they declined to point out any places at which we could most safely strike, if we were determined to strike at all. Under this impression, the Committee of Ways and Means, by a vote to which I did not give a very cordial support, determined to cut them down. I say, I did not give

it a very cordial support-not because I was not as vehement as any member of the committee in favor of retrenchment in these two branches of the public service, but because I thought it would come to nothing, and to guard myself upon that point when it came before the House, I stated it would come to nothing. With this letter from the War Department before us, and from my knowledge of the manner in which some of these army officers-I am not speaking of the Secretary of War at all-have administered their departments, I knew perfectly well, and I so stated, that the effect of the reduction would be to create the necessity for a deficiency bill.

[Here the hammer fell.]

The question was then taken on Mr. HOWARD'S amendment to the amendment, and it was rejected.

The question was then taken on Mr. ORR'S amendment, and it was rejected.

The question then recurring upon Mr. OLDS's motion to strike out the clause, it was taken, and the motion was not agreed to.

The next clause was then read, as follows: "For constructing, repairing, and enlarging barracks, quarters, hospitals, store houses, stables, wharves, and ways, at the several posts and army depôts, for temporary cantonments, and the authorized furniture for barrackroom of non-commissioned officers and soldiers, gun

houses for the protection of cannon, including the necessary tools and materials for the objects enumerated, and for rent of quarters, and offices for officers, and barracks and hospitals for troops, where there are no public buildings for their accommodation, for store-houses for the safe-keeping of military stores, and of grounds for summer cantonments and encampments, $219,000."

Mr. MARSHALL, of Kentucky. I move to strike out, in the eightieth and eighty-first lines, the words, "for rents of quarters, and offices for officers."

I should have preferred it, if this bill had been referred back to the Committee of Ways and Means, that they might have brought before the House of Representatives some intelligible account about the money which has already been appropriated for the quartermaster general's department for the current fiscal year. I hoped, upon a closer examination, they would be able to give a distinct idea how much of that appropriation has been spent, where expended, and how expended -at all events how it was expected to be expended. We might as well resolve ourselves into a registry chamber, for the mere purpose of registering the edicts of the Executive Departments as to do what we are now doing-to vote any amount of the public money the quartermaster general may choose to ask, without the Committee of Ways and Means, from its chairman down to its last member-being able to give the House or the country any intelligible account how the money already appropriated has been spent, or what he wants with that he now asks for. The chairman of the Ways and Means spoke of abuses-great abuses in this bureau. Sir, there are enormous abuses which the quartermaster general himself has incidentally set forth in his report but without disapprobation, and as the apparent reasons why he should have more money. These abuses belong, it is true, to the fiscal year ending June 30th, 1851, but they account for the way the public money is administered upon through that channel. In this item of house rent for instance: What do you think-what will the country think of quartering a major and one or two subalterns in New Mexico in a house at an annual rental of $2,100. Look at the bill, sir; several of your platoon officers paying rent as high as $600 or $800 per year for quarters for themselves only! Why, sír, it appears that it takes more money to shelter a company of dragoons in such places as Las Vegas, or Dona Ana, in New Mexico, than the establishment of the American Minister at Paris costs. Just think of it, sir—a company of fifty soldiers on the frontier living in a rented house and paying for it, as rent, $3,360 per year-for the hay to feed their horses $35 to $40 per ton-for their corn $2 50 to $3 per bushel, and hauling these articles too at public expense twenty or thirty miles, employing for that purpose seven mule teams of six mules each, when they say each mule costs for his keeping, $310 per year, or for the forty-two mules $13,020 per year as the price of keeping. You must add to this the transportation of horse medicines

-the wages of farriers, forage masters, &c., &c. These expenditures, sir, are officially communicated to you by the quartermaster general as the

way the public money was spent only in the last fiscal year. Can we see these enormous charges -these exorbitant charges-with indifference? In face of these things shall we supply the quartermaster general again with as much money as he chooses, yet know nothing of the way in which his administration of the present year is being conducted? Why, sir, it would be far cheaper to house the Indians, than the American soldiersfar cheaper and easier.

I heard the gentleman on my right [Mr. BROOKS] speak on yesterday of these Indians, which inhabit the borders of Texas, and I was surprised at the wide departure of his statement of their, force from accounts submitted with the report of the quartermaster general. The gentleman spoke of their number being twenty thousand. Now, Captain French, who has been among them since 1848, reports to General Jesup, that of all tribes, ages, sizes, and sexes, the Indians who inhabit the frontier of Texas-say on this side of New Mexico-do not number more than four thousand, and he actually returns a census of the tribes. To take care of these four thousand Indian men, women, and children, we have several Indian agents, and about one thousand eight hundred troops. If we are to pay house rent for the officers, at $600 per year, and for dragoon companies at $3,600 per year, it would be better to bribe the Indians to occupy civilized habitations, and to feed them, than to present against them so expensive a military array. Look at it: $219,000 wanted to supply deficiencies for house rent, &c., &c. I think, sir, we should teach the officers, at least, that they are expected to live at a cheaper rental, and therefore that we should lop off this item.

[Here the hammer fell.]

Mr. HOWARD. I wish to correct a statement which the gentleman from Kentucky has made, about the Indians in Texas. An agent who has been among them for many years-while they were under the government of Texas, and since then up to the present Administration-estimates the number of those Indians at about twenty-five thousand. That is, no doubt, a large estimate. The probability is, that the resident Indians in Texas are about ten thousand in number. But in addition to this, there are Indians in New Mexico and in the adjoining Indian territory belonging to the United States, who congregate in Texas at particular seasons-winter, for instance-and mix with the Texas Indians, and then there are a very large number; in summer, however, it is much smaller. But it is because we have interlopers there, belonging to other States, and because the Government of the United States have removed the Indians west, and they go into Texas, where they ought never to have gone, that a large portion of this appropriation is necessary.

Mr. PARKER, of Indiana, moved a pro forma amendment to the amendment, and said: I simply wish to make a suggestion in regard to a few thoughts which have dropped from the gentleman from Kentucky, [Mr. MARSHALL.] He says that he is opposed to these appropriations, and more especially to those which he has named, because the chairman of the Committee of Ways and Means and the Administration have not taken it upon themselves to show him in detail, the importance of these appropriations. Now, if the gentleman from Kentucky had listened to the remarks made by the chairman of the Ways and Means, in his speech to-day, he would have noticed that he stated expressly that he could not go into these things in detail; and the gentleman from Kentucky must be aware of the fact that it would have been utterly impossible for him to have done so. Why, if he had done it, he would have needed a week rather than an hour. Suppose he had done it, in what attitude would this House be placed in to go into all these details? It strikes me that we would have been converting ourselves into a kind of court of justice of the peace.

Now, I am satisfied, from the fact that the Administration of the Government is in the hands of the Whigs, that the Committee of Ways and Means is a Democratic committee, and that the chairman of that committee comes here and asks for these appropriations; that is enough for me, especially where deficiencies are said to exist. And do they not exist here, for this rent?

I call the attention of the committee to the notable fact that the act of 1820, which was read by the chairman of the Committee of Ways and

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heretofore appropriated, had been spent. He says that they did not choose to go into details: that they had not time to go into details. I say that, as I understand it, the Committee of Ways and Means have not any information in regard to it, and that they have accepted, so far as this year's appropriations are concerned, the declarations of the quartermaster general, or the officers of his bureau, "that the accounts have not come in, and that, therefore, no accounts can be given to them." I say that it involves the quartermaster general's bureau in the dilemma of having sent the public money here and there, without understanding how it was to be spent, or how they intended i should be spent, otherwise an account could be for details. I want to know how much money has been appropriated to New Mexico; how much has been sent to the frontiers of Texas; and 1 want to know what they have done with it, how it is to be expended, and that they shall give me some conclusions on which I may be justified again to draw the purse strings of this nation.

Means, directly authorizes these contracts to be made for the subsistence of our troops. If it is our duty to withhold the supplies, let us, in the first place, step foward and withdraw the troops. But after the troops have been placed in the frontier, let us not starve them. It is not our duty to do that. I will tell you, however, what I am in favor of, so far as this bill is concerned. Wherever there is an item in it, that is not for a deficiency to meet a contract already made, my vote cannot be given for it. I am for holding that rod over any Administration, be it Whig or Democratic. Your army and navy, however, when they have been put upon the field and upon the water, must be sustained there, and it is our duty to do it. Mr. STANLY. I am opposed to the amend-given which would be satisfactory. I do not ask ment of the gentleman from Indiana, and I wish to say a few words upon it. We are informed that the gentleman from Kentucky [Mr. MARSHALL] inquired of the Ways and Means, and could not get the information he wanted. Now, did he go before the committee and inquire for it, or did he go here and there, to the members, in social chat, when gentlemen were busy writing letters, or reading newspapers, or had other things more important to employ their time? If my honorable friend wants information about the details of these items, and if he thinks the commit

[Here the hammer fell.]

It will not do-so far as I am concerned-for gentlemen to say that I belong to this side of the House or to that side of the House. Sir, when my duty as an American representative is concerned, I belong to no side of the House. I be tee is not competent to give it, let him introduce long to the country. I belong to the people. When a resolution calling for the details, bring up the I came here, I understood myself as being an papers that are before the committee, and devote American Representative-a representative of the his attention to them. If he wishes to attack interests of the whole country, and I should scorn these estimates, as a friend or foe to the Adminis-myself if I could hold any place here, understandtration, let him, when he has a chance to make an ing that my allegiance was due to a party and not hour speech, attack the deficiency bill, and not to my country. When I am called upon to approoccupy his time in replying to his colleague in priate the money of this people, I must know how reference to Butler and Fillmore, and their respect- the money which I have already put into the ive positions on the slavery question. It does not hands of the Executive has been spent, and so come, I think, with a very good grace, from the help me God, I will never vote a cent without gentleman from Kentucky, to lecture the Com-knowing it. mittee of Ways and Means about the manner in which they have discharged their duty. It is true Mr. HOUSTON. The gentleman from Kenthat there are six Democrats and three Whigs on tucky [Mr. MARSHALL] charges this Administra that committee, and a Democratic chairman; but tion with violating the law and abusing the public if my honorable friend finds fault with the man- confidence by a waste of the public money, not ner in which we have discharged our duty, I shall only by wasteful extravagance, but by expendask to be excused from being upon the commit-ing money not in pursuance of law, but against tee, and that my friend from Kentucky may be put there. Let him try his hand at it. Perhaps he may be able to take better care of the ways and means of the country, and will be likely to get more information about them than we can, although I think we have got as much information as a Committee of Ways and Means has ever done, and have given it to the House. We would have given more, if the House had allowed us. Let him look to the report of the Secretary of War; he will find all the facts there; he will find that the ap-testimony to what I say, that there has been expropriations have already been a great deal cut down. The gentleman from Arkansas, [Mr. JOHNSON,] the chairman of the Committee on Indian Affairs, has announced that he intends to offer as amendments various appropriations that are indispensably necessary-amounting to some two or three hundred thousand dollars. We have

exercised the most rigid economy; and I say to the gentleman from Kentucky, again, that it was exceedingly unkind, and not what we on this side of the House had a right to expect from him, as a friend of the Administration, to scold the Administration as he does, or quite fair to say that he cannot get information from the Committee of Ways and Means. If he cannot, it is his duty to go to the head of the Department, and get it there, and not come in here and scold us.

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

Mr. MARSHALL, of Kentucky. I move to amend the amendments by striking out the words "for rent," and I do it for the purpose of replying to the gentleman from North Carolina. It is exceedingly convenient, Mr. Chairman, for gentle men of the Committee of Ways and Means, to say that they were reading newspapers, or writing letters, or found employment more to their taste than to answer inquiries of gentlemen who, as representatives, inquired in regard to what the committee had ascertained about this matter. I

did not stand here to lecture the Committee of Ways and Means; but I made the statement, that I had attempted to learn what conclusion the committee had attained, and what information they had obtained as to the manner in which the money

law, and the expressed will of Congress. Now, I want the country to notice this fact. I repeat it, and dwell upon it. I agree with him, and I want the country to know that the distinguished gentleman from Kentucky-a friend of this Administration, who consumed an hour the other day in irrelevant and illegitimate debate in praising the President of the United States, and in endeavor. ing to persuade the country that he should be reelected-voluntarily comes forward and bears

travagance-that there have been abuses by this Administration. I admire the gentleman's candor in admitting these abuses against his particular favorite for the Presidency, and I again call upon the country to notice that my statements are sustained by this distinguished friend of President Fillmore and his administration.

But the gentleman says that the Committee of Ways and Means have given no intelligible account of how this money was expended. He seems to have paid no attention to the debate, or, it may be, the committee do not understand what he may call an intelligible account. The gentleman notified me beforehand that he was going to call upon me to-day for information. Did he do it? Did he call upon me when I was making my hour speech? I would have responded to him, and given him all the information I possessed upon any point he might have presented. I might not have been able to give an intelligible account, but I would have responded freely. But, lo and be hold! my speech is made, and he has not asked for it. And now, he gets up here and complains that we have given him no information of these things. Whose fault is it? Even admitting the correctness of his complaint, he is more to blame than the committee; for, seeing we were not discussing the true point of the case, it was his duty to call us to it, and ask for the particular informa tion desired by him. Private conversation is not to be repeated here, and I do not intend to refer to it; but he notified me in the presence of several gentlemer that he would call on me, of my speech, for information. He never made the call, and therefore his complaint is not well founded. And now I use him as a witness, to

in the course

sustain the fact of the existence of the abuses spoken of in my hour speech. His evidence is before the country, and he can neither withdraw it nor evade its force.

Sir, I would like to know of the honorable gentleman, if he believes there is no money in the Treasury that can be used to sustain the army, what his object is in this matter? Do you want to disband the army? Your President has not the power to do it. You and I, with our fellow-members, have the power. If you want to disband the army, do it; if you want to keep up the army, do it. But let us do one thing or the other. Do not let us keep up an establishment which we cannot feed and will not clothe. Let us not pretend to keep up an army on the frontier of our States and Territories, and refuse to furnish them with ammunition to shoot an Indian, if one should attempt to commit a depredation.

Now, I put it to the gentleman from Kentucky, [Mr. MARSHALL,] and I put it to every gentleman in this committee, Do you not believe that this or some other amount of money ought to be appropriated? Do you believe there is enough to supply these objects yet unexpended; if so, the Secretary of War has acted in bad faith to Congress; he says it is not there. If you make it as clear as it can be made-as clear as a sunbeam-that the money has been wasted by the Administration, I would, even in that case, not hesitate a moment to vote the appropriations necessary to carry on the Government and supply the place of the money wasted. I would restrict the Administration by legislation. I would do all that was necessary to restrict the Administration, so far as it was in my power as a member of Congress. I would aid, to the extent of my ability, in an investigation of the abuses; but I would not hesitate to vote the supplies necessary to protect our frontiers, and to enable this Government to observe and faithfully execute its treaty stipulations with Mexico. I would protect the emigrants, while on the roads to our distant frontiers, against the barbarities of the wild, savage, and remorseless Indians that hover along their pathway. I would save them from butchery. I would protect them against the tomahawk and scalping-knife of the wild Indians. It is due to the emigrant, and as far as my vote goes, he shall have it.

[Here the hammer fell.]

Mr. JOHNSON, of Arkansas. It is about the usual time for adjournment, and as we are not likely to make any progress in the bill to-day, I move that the committee do now rise.

The motion was agreed to.

The committee accordingly rose; and the Speaker having resumed the chair, the chairman reported that the Committee of the Whole on the state of the Union had, according to order, had under consideration the state of the Union generally, and particularly House bill 207, being a bill "to supply deficiencies in the appropriations for the service of the fiscal year ending the thirtieth of June, one thousand eight hundred and fifty-two," and had come to no conclusion thereon.

COMPROMISE MEASURES.

Mr. JACKSON. I ask the Chair what is the regular order of business?

The SPEAKER. The first business in order is the call of the States for resolutions, beginning with South Carolina.

Mr. JACKSON. I move that the House do now proceed to the regular order of business. If there are no resolutions to be offered from the State of South Carolina, I have a resolution to offer when Georgia is called.

The SPEAKER. Resolutions are in order from the State of Georgia.

Mr. JACKSON. I offer the following resolution, upon the passage of which I move the previous question.

Mr. CABELL. I move that the House do now adjourn.

Mr. JONES, of Tennessee. I wish to make this inquiry of the Chair: If the House adjourn now, what will be the position of the resolution of the gentleman from Georgia?

Mr. GENTRY. The resolution has not been received nor read.

Mr. JONES. I rise to a question of order. The gentleman from Georgia, as I understand it, is upon the floor until his resolution is read; and until he yields the floor no gentleman can get it to move that the House adjourn.

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The SPEAKER. The Chair is of the opinion that the resolution would be in order when resolutions are again called for. The resolution will, however, be read for information.

It was then read by the Clerk, as follows: Resolved, That we recognize the binding efficacy of the compromises of the Constitution, and believe it to be the intention of the people generally, as we hereby declare it to be ours individually, to abide such compromises, and to sustain the laws necessary to carry them out--the pro vision for the delivery of fugitive slaves and the act of the

last Congress for that purpose included-and that we deprecate all further agitation of questions growing out of that provision, of the questions embraced in the acts of the last Congress known as the compromise, and of questions generally connected with the institution of slavery, as unnecessary, useless, and dangerous.

The SPEAKER. The gentleman from Georgia moves the resolution which has just been read, and upon its passage he calls the previous ques

tion.

Mr. FOWLER. I move that the House do now adjourn.

yeas and nays; but they were not ordered. Mr. JOHNSON, of Arkansas, demanded the

The motion was then agreed to-ayes 84, noes not counted-and

The House adjourned till twelve o'clock, to

morrow.

NOTICE OF A BILL.

Mr. DOTY gave notice of his intention to introduce a bill with the following title: "A bill providing for the free navigation of the St. Lawreuce river, and for reciprocal trade with Canada."

PETITIONS, &c.

The following petitions, memorials, &c., were presented under the rule, and referred to the appropriate committees: By Mr. PARKER, of Indiana: The petition of Shipley L. Foulke and others, assistant marshals of Henry county, Indiana, praying for additional compensation for taking the late census.

By Mr. PEASLEE: The memorial of Rufus K. Parker and others, citizens of New Hampshire, in behalf of the Western Farm and Village Association of the city of New York.

On motion by Mr. PORTER, leave was given to withdraw from the files of the House, petitions of citizens of St. Louis, Missouri, asking the passage of an act to provide for holding an additional term of the circuit court of the United

States for the district of Missouri, and to refer the same to the Committee on the Judiciary.

IN SENATE.

evidence is introduced to show that the report was

not correct.

No objection being made, the papers were ordered to be taken from the files and referred to the Committee of Claims.

PETITIONS, ETC.

Mr. RUSK presented a petition of members of the Legislature of Texas, praying the establishment of a mail route from Washington to Cold Spring; which was referred to the Committee on the Post Office and Post Roads.

Also, the petition of Charles B. Brower, late a Lieutenant in the United States Army, praying that he be reinstated in the Army; which was referred to the Committee on Military Affairs.

Also, a resolution of the Legislature of Texas, in favor of the payment of Samuel A. Belden for spoliations by Mexico upon his property; which was referred to the Committee on Foreign Relations, and ordered to be printed.

Also, resolutions of the Legislature of Texas, in favor of the incorporation of the officers of the Texas Navy into the Navy of the United States; which were referred to the Committee on Naval Affairs, and ordered to be printed.

Mr. CHASE presented two memorials of assistant marshals for taking the Seventh Census in Ohio, praying additional compensation; which were ordered to be laid on the table.

Also, a memorial of the Board of Trustees of the Protestant University of the United States at Cincinnati, Ohio, praying the endowment of that institution by a grant of land; which was referred to the Committee on Public Lands.

Mr. SUMNER presented a petition of twentyfive merchants of Boston, Massachusetts, praying that the use of intoxicating liquors in the United States Navy may be discontinued; which was referred to the Committee on Naval Affairs.

Mr. ADAMS presented a memorial of the Legislature of Mississippi, praying the establishment of a port of entry at Biloxi, and additional mail facilities to that place; which was referred to the Committee on the Post Office and Post Roads, and ordered to be printed.

Mr. HUNTER presented the memorial of Robert H. Vaughan, William R. Laws, and others, holders of military land warrants issued for the services of their ancestors, praying the appropriation of scrip to satisfy the warrants now outstanding and unprovided for; which was referred to the Committee on Public Lands.

Also, the petition of James Riley, of Cincinnati, Ohio, claiming the credit of having been the inventor of the Independent Treasury system.

A motion by Mr. HUNTER, that it be printed, was referred to the Committee on Printing.

TUESDAY, March 23, 1852. Prayer by the Chaplain, Rev. C. M. BUTLER. Mr. WADE. The case of the heirs and executors of Samuel Prioleau, of the State of South Carolina, was at an early day referred to the Committee of Claims, and was considered by that committee, who, doubtfully and hesitatingly, I may say, came to a conclusion, and directed me to make an adverse report. The report was made principally, and probably entirely, upon the ground that the claim appeared to be an antiquated one. Although it appeared to be equitable, there was no evidence before the committee to show why it had been delayed so long; and in the absence of any evi-York, praying the passage of an act granting furdence to account for that long delay, we came to the conclusion that we ought to make an adverse report. The subject was referred to the committee on the motion of the Senator from South Carolina.chants and others, citizens of St. Louis, Missouri,

| He was not present when we had it under consideration, and therefore was not able to give us any light upon the subject. We made an adverse report, and it was adopted by the Senate. We have now been furnished with evidence that accounts for the delay; and the committee have had the matter under consideration, and have directed me to ask the unanimous consent of the Senate to take the papers from the files, and again to refer them, for we fear that we have done injustice in making the adverse report.

The PRESIDENT. The report having been concurred in, the subject cannot again be referred but by unanimous consent.

Mr. WADE. I will state the equities of the claim, and the circumstances under which it is presented to us, if it is desired.

Mr. SEWARD. It is not necessary. Mr. WADE. The committee desire to have the papers referred to them again, that they may take them into further consideration.

The PRESIDENT. The Chair has stated that it requires unanimous consent. An adverse report having been made and concurred in, of course the papers cannot be acted on again unless further

Mr. SEWARD presented the petition of citizens of Pennsylvania praying the construction of a railroad from the Mississippi to the Pacific ocean; which was referred to the Committee on Roads and Canals.

Also, the petition of citizens of Albany, New

ther aid to Collins's line of mail steamers; which was referred to the Committee on Naval Affairs. Mr. GEYER presented the petition of mer

praying that further aid may be extended to Collins's line of mail steamers; which was referred to the Committee on Naval Affairs.

Mr. DODGE, of Wisconsin, presented a memorial of the Mayor and Common Council of Racine, Wisconsin, praying an appropriation for completing the harbor at that place; which was referred to the Committee on Commerce.

Mr. DODGE, of Iowa, presented a memorial of citizens of Washington, District of Columbia, praying an amendment of the charter of that city; which was referred to the Committee on the District of Columbia.

Also, a petition of clerks in the office of the First Comptroller of the Treasury, praying an increase of their salaries; which was referred to the Committee on Finance.

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 Burr's Ferry, on the Sabine; which was referred to the Committee on the Post Office and Post Roads.

Also, a resolution of the Legislature of Louisiana in favor of the establishment of a tri-weekly

mail from Harrisonburg to Natchitoches; which was referred to the Committee on the Post Office and Post Roads.

WHEELING bridge.

Mr. BELL. I present the memorial of Joseph Woods and a considerable number of other gentlemen, respectable and intelligent citizens of Nashville and its vicinity, setting forth that they have heard, with considerable alarm and great concern, the decision of the Supreme Court in the case of the Wheeling Bridge, on the suit of the State of Pennsylvania, and they pray that Congress will exercise whatever powers it may possess to prevent what they consider an arbitrary and unnecessary exercise of power by any department of the Government of the United States, in decreeing the demolition of that great work, because the owners of only seven-as it is alleged is proved in the case of the many hundreds of steam-boats navigating the river, have thought proper to elevate their chimnies higher than usual, and higher than is thought to be essential, and because they do not choose to lower them. I move to refer the memorial to the Committee on Commerce.

The motion was agreed to.

LINE OF STEANERS TO HAMBURG.

Mr. SEWARD. Mr. President, I present to the Senate the petition of C. Hansen, of the city of Brooklyn, in the State of New York, who proposes that with the consent and patronage of Congress, he will establish a line of steamers from that city via Rotterdam, in the Netherlands, to Gluxstadt, in Holstein, on the river Elbe, near Hamburg, so as to make semi-monthly passages for the transportation of mails, passengers, and freight. He offers to build four steamers, each of two thousand tons. The first two to be completed in two years, and the two others in three years. He asks Congress to pay him $100,000 per annum for the first three years, $85,000 for the next three years, and $75,000 for the last four years, for each vessel in active service.

The first benefit which the United States would derive would be the establishment of semi-monthly mails, which in time would remunerate the Government. The German population already in the United States is estimated at five millions, and it is increasing at the rate of more than one hundred thousand a year. The next benefit to the Government would be an increase of the naval steam marine, since the United States would have the right to take the vessels at any time at cost. A third advantage which would accrue to the country would be the substitution of the safe, wholesome, and speedy American steam-vessels for the importation of emigrants, in place of the small, uncomfortable, and unhealthy sailing vessels of Hamburg, Rotterdam, and Antwerp. The new line would receive the trade of the three great rivers of continental Europe: the Elbe, Weser, and the Rhine. The fourth and capital advantage which it would secure would be the direct carrying trade and navigation in the central continental Europe which is now nearly engrossed by foreigners. The entire tonnage, inwards and outwards, in the trade of the United States and the Hanse Towns, in a single year, belonging to foreigners is a hundred and eighty-three thousand tons.

The entire tonnage owned by Americans within the same period, was forty thousand tons. The value of the freights received during the same period by foreigners, was $1,470,000, while the value of the freights received by the Americans was only $384,000, showing that the trade, as now carried on, is worth $1,000,000, all of which, by the adoption of this enterprise, might be secured for ourselves. I remark, once more, that this great trade is carried on chiefly by British merchants. Nine tenths of the American cotton consumed in continental Europe, is shipped first to England, and thence is carried to the continent, thus subjecting us to a large tribute in the way of expenses and commissions paid to English merchants. The enterprise connects itself, of course, with the present Bremen line, and these two lines would enable us to take control of a trade which at present we only divide with foreigners at great disadvantage to ourselves.

The petition is sustained by documents and references which I commend to the most favorable consideration of the Committee on the Post Office and Post Roads, to which I beg leave to refer the

whole subject. I move that the petition be referred to that committee.

The motion was agreed to.

PAPERS WITHDRAWN AND REFERRED.

On motion by Mr. SEWARD, it was Ordered, That the petition of William R. Nevins, on the files of the Senate, be referred to the Committee on Patents and the Patent Office.

VANDERBILT STEAMERS.

Mr. BADGER. A number of memorials were heretofore referred to the Committee on Naval Affairs, asking for the establishment of lines of steamers. By the direction of the committee, the chairman asked that they be discharged from the further consideration of them, and it was done accordingly. I now desire to submit a motion that one of those memorials-that of Vanderbilt & Co.-be taken from the files, and referred to the Committee on the Post Office and Post Roads. I wish to mention, in this connection, that the Naval Committee made no report upon the merits of the applications, one way or the other; but considering that there was nothing in them that made them appropriate for their consideration, they asked to be discharged from them. I think the one which I have mentioned is entitled to the consideration of the Committee on the Post Office and Post Roads.

The motion was agreed to.

MAIL CONTRACTS.

Mr. CLEMENS. A communication was yesterday received from the Secretary of the Navy in relation to steam-ships. Upon my motion it was laid on the table and ordered to be printed. I learn that it will be some two weeks before it can be printed, as our public printer has managed to get behind with the business. I move, therefore, that it be taken from the table, and referred to the Committee on the Post Office and Post Roads The motion was agreed to.

REPORTS FROM STANDING COMMITTEES. Mr. SHIELDS, from the Committee on Military Affairs, submitted a report, accompanied by a bill to increase the efficiency of the artillery; which was read, and passed to the second reading. The report was ordered to be printed.

He also, from the same committee, submitted a report, accompanied by a joint resolution concerning the national defenses; which was read, and passed to the second reading. The report was ordered to be printed.

A motion, by Mr. SHIELDS, to print two thousand addititional copies of the two last-mentioned reports, was referred to the Committee on Printing.

Mr. FOOT, from the Committee on Pensions, to which was referred the petition of Avery Downer, submitted an adverse report; which was ordered to be printed.

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

Mr. STOCKTON, from the Committee on Pensions, to which were submitted the following petitions, submitted adverse reports thereon:

The petition of Squire Moore;
The petition of Joseph W. Edwards;
The petition of Elisha Merriman; and
The petition of William Blodgett.

NOTICES OF BILLS.

Mr. HUNTER gave notice of his intention to ask leave to introduce a bill to make an appropriation of lands to satisfy the claims of those holding outstanding Virginia military land warrants. Mr. DODGE, of Iowa, gave notice of his intention to ask leave to introduce a bill to amend an act entitled "An act for laying off the towns of 'Fort Madison and Burlington, in the county of 'Des Moines, and the towns of Belleville, Dubuque, and Peru, in the county of Dubuque, Ter'ritory of Wisconsin."

CLERK IN THE SECRETARY'S OFFICE.

Mr. BADGER. Let it be considered now. I do not think there can be any possible objection to it.

Mr. CASS. If there is no objection, I ask for its consideration at this time.

No objection being made, the Senate proceeded to consider the resolution.

The PRESIDENT. As it is a resolution providing for the payment of money out of the contingent fund of the Senate, it is necessary that it should have three readings.

The resolution was read a second time and considered as in Committee of the Whole.

Mr. ADAMS. I would inquire of the Senator who introduced this resolution, what is the nece sity for it? If there is a law authorizing the Seeretary to obtain necessary assistance, I should like to know what necessity there is for this?

Mr. CASS. The person mentioned in the resolution is now in the Secretary's office and has been for years, but has only been paid as a messenger. All who know the young man know that he is a most efficient clerk. There is no rea son in the world why he should not be paid as a clerk, when he is doing the duty of that office. He may be called a messenger; but every Senator knows that he has been doing the work of a clerk, and that he does it most admirably.

Mr. BADGER. There is no doubt about that. All who have been here any length of time, know it.

The resolution was reported to the Senate, was ordered to be engrossed for a third reading, and was read a third time and passed.

SALARIES OF TERRITORIAL OFFICERS. Mr. CLEMENS. I move to postpone all prior orders for the purpose of taking up the b to repeal the proviso in the act entitled "An act making appropriations for the civil and diplomatic expenses of the Government, for the year ending the 30th June, 1852, and for other purposes," approved March 3, 1851, relating to the salaries of the officers of the Territories of the United States. I presume it will be acted upon without much debate.

ceeded, as in Committee of the Whole, to the conThe motion was agreed to, and the Senate prosideration of the bill, which was reported from the Committee on the Judiciary with an amend

ment.

The amendment of the committee is in the form of a substitute for the original bill. It provides in the first section, "that if any officer of any Terri'tory of the United States shall hereafter absent

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himself from such Territory and his official duties, 'for a period exceeding sixty days in any one United States, he shall not be paid any salary year, without the leave of the President of the 'for the period of such absence, unless good cause 'for such absence shall be shown to the satisfac'tion of the President;" and, in the second section, that the proviso contained in the act entitled "An act making appropriations for the civil and dip lomatic expenses of the Government for the year 'ending the 30th June, 1852, and for other pur 'poses," approved March 3, 1851, relating to the payment of the salaries of officers of the territories of the United States, be thereby repealed. Mr. HUNTER. I would like to know what the proviso is, which it is proposed to repeal.

The Secretary read the proviso, as follows: "Provided, That the salaries specified above for any of the officers of any of the Territories of the United States, shall not be paid in any case when any of said officers shall absent themselves from said Territories and their official duties for a period of time greater than sixty days."

Mr. GEYER. It will be perceived that the proviso which it is proposed to repeal, annexes a forfeiture of the whole salary as the effect of an absence of sixty days-no matter from what cause, or under what circumstances. It provides that in case of absence, the fact of absence may be taken as judgment against an officer, and he is thereafter to receive no salary whatever. The first section of the proposed amendment designs to effect s change in that particular. One defect intended to be cured is, that where the proviso leaves it uncertain whether the several absences may not be designs also to cure another defect, which is this: The proviso, I understand, was inserted with the view to affect the officers in Minnesota; and, as it

Mr. CASS. I offer the following resolution, which, under the rule, will lie over for a day:

Resolved, That Y. P. Page, who has been engaged in clerical and other duties in the office of the Secretary of the Senate for some years past, be paid the same per diem

compensation, from the beginning of the present session, stands, if the different absences are not to be added

as is allowed to the committee clerks of the Senate.

together, any one of the officers in Minnesota may

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