ment, which I send to the table, to come in as an additional section.

The CHAIRMAN. Does the gentleman from Indiana propose to amend the first section? Mr. DUNHAM. I do not.

Mr. STEPHENS, of Georgia. I suggest to the gentleman from Indiana, [Mr. DUNHAM,] that he move to amend in such a manner that the whole shall take the form of an act, and not of a resolution.

Mr. DUNHAM made a reply that was entirely inaudible to the reporter.

Mr. STEPHENS. Then I move to amend the first section; by striking out the word "Resolved," and inserting the words "Be it enacted."

The question being taken, the amendment was agreed to.

Mr. FICKLIN. I move to amend the first section by inserting the following as a substitute therefor:

SECTION 1. That hereafter all military bounty land warrants shall be assignable by indorsement thereon, and may be either by a special or blank assignment, but shall in all eases be dated on the day of the assignment, attested by two esmpetent witnesses, and acknowledged before some officer authorized to take the acknowledginent of deeds, who shall certify that the person making the assignment is perBonally known to him to be the individual making the assignment, or that his identity was established by two competent witnesses, which said assignment to be attested by the seal of a court of the proper county, and shall authorize the assignee thereof to locate the said warrant in his own

same.

Mr. FICKLIN. It may be proper for me to ey, in explanation of the amendment I propose, that I concur entirely with my friend from Georgia, [Mr. STEPHENS,] that it is proper that this resolution should throughout assume the form of an act. I think it proper also that, instead of saying that nothing in the act shall be construed to prevent an assignment, that there should be an express authority given to make the assignment; and that the mode of making it should be designated, so that all may understand it. As I understand it, sir, the act which has heretofore been passed making land warrants assignable, is so loose that infinite frauds upon the Government in making assignments have been committed; and that one location after another has been set aside by the proper officers of Government, because of defects in the assignment and transfer of warrants. I am not prepared to say that the amendment I propose is perfect; but I am prepared to say that there should be an amendment giving express authority to the holders of these warrants to assign them, and also pointing out the mode and manner of making that assignment, so that it may be understood by every person how he can effect an assignment of these warrants to make them good at the land offices.

Mr. BISSELL. As the amendment proposed by my colleague [Mr. FICKLIN] aims at the accomplishment of the same object as the first resolution of the series, and perhaps is better adapted to accomplish that object, I see no objection to its being adopted. The object will perhaps be more certainly and more effectively attained.

Mr. BRENTON. I ask that the amendment may be read, as I desire to make a few remarks in reference to it.

The amendment was accordingly read as above.

Mr. BRENTON. Mr. Chairman, I have some objections to the form prescribed in the proposed amendment. It would be much better, sir, to provide simply that the warrants shall be assignable, leaving the form to be prescribed by the Commissioner of the General Land Office. The practice has been, in reference to warrants issued under the law of 1847, to accompany them with the blank form of an assignment. The form prescribed would be objectionable, if for no other reason than this, that the law would not be in the hands probably of ten out of a hundred of those that will hold these warrants. But if authority be given to make these warrants assignable, under the instruction of the Commissioner of the General Land Office, in the form of the assignment accompanying the warrant, every individual, when he receives the warrant, will at once have the form before him.

Mr. FICKLIN. With the permission of my friend from Indiana, [Mr. BRENTON,] I wish to ask him if he is not aware that such instructions have heretofore been given under the act of 1847, and that in very many cases of warrants being

located these locations have been set aside one or two years after the location for a defect in the assignment?

Mr. BRENTON. I will answer the gentleman, that such is the fact; but the remedy is not to be found by imbodying the form of the assignment in the law. It is true, sir, under my own observation, that thousands of these warrants have, during the last few years, been assigned in the most informal manner, even with the blank form of assignment, and by attorneys who have acted for the holders of warrants. If the form of assignment is embraced in the law, and no authority given to have it printed upon the warrants themselves, the law will not be generally circulated, and greater evils and informalities will grow out of it than have grown out of the practice heretofore.

Mr. FICKLIN. I would inquire of the honorable member from Indiana, if the printing of this first section, as to the mode of assignment upon the warrant, would not obviate his objection entirely?

Mr. BRENTON. I answer the inquiry of the gentleman further: Under the act of 1847, the ninth section of that act, by which these warrants are authorized to be issued, and by which they were made assignable, accompanied the warrant, and was then followed by a bill of instructions from the Commissioner himself, printed upon the back, prescribing the form in which these warrants should be assigned; and I conceive all that is necessary in making these warrants assignable, is to leave the matter with the Commissioner of the General Land Office to prescribe the form, and to have that form printed upon the back of the warrant, that every holder may have it directly before his eye. I have known hundreds of cases where warrants have passed into the hands of attorneys who have undertaken to transact this business, and these warrants have come to the Land Office regularly assigned apparently, but with only one attesting witness, and in many cases with no seal of any officer attached to them.

The instructions should be made so specific that every individual who holds a warrant, however ignorant, may be enabled to fill up the assignment, and to put his name to it so as to save, in the language of the law of 1850, the soldiers from any expense whatever in the location of their warrants. I would remark further, sir, while upon this point, that, as regards the location of these warrants, the provisions of law in reference to the expenses incurred by the soldiers have, to my mind, been contravened. Expenses have been incurred by the holders of warrants issued under the act of 1850, which, I think, are wholly uncalled for, in order to their location. I am decidedly in favor of the transfer or assignment of all these warrants, and want a provision inserted in the first section, such as shall authorize the Commissioner of the General Land Office, or the Commissioner of Pensions, issuing the warrants, to cause to be printed upon the back of them the form of an assignment, such as shall be recognized by the proper authority for the location of these warrants. And as I have not the amendment before me, and I do not know at what point precisely to introduce that provision, I will leave it with the committee, that it may be introduced. In that form and with that change in the proposed amendment I shall favor it.

Another point, sir. If I understand the language of the proposed amendment, it is simply that hereafter all warrants shall be made assignable. Is the language there used intended to embrace all warrants now outstanding, or warrants which shall hereafter be issued? It should be made retrospective.

Mr. FICKLIN. It means all outstanding warrants. It embraces all warrants.

Mr. BRENTON. I supposed that was the intention.

Mr. BISSELL. It must be recollected that the form which it is proposed the Commissioner shall adopt, cannot reach the thousands of warrants already out; therefore I think that we should fix in substance the form, so that holders of warrants already issued can have the help of the Commissioner, and may know how to assign them. I think, therefore, that the form proposed in the amendment of my colleague [Mr. FICKLIN] should be adopted; and if it is thought advisable, to suggest to the Commissioner, or require that any warrants hereafter to be issued, should have printed

upon them the form corresponding with what we here contemplate, it will be well. But, in addition to that, it is necessary here to fix the substance of the form, in order to meet the case of warrants already passed beyond the control of the Commissioner.

Mr. BRENTON. There is very little difference between me and my friend from Illinois, [Mr. BISSELL.] There is no difference as regards the propriety of the assignment and the form of the assignment. The point is this, to get the assignment in such a form that the mass, the illiterate and the uneducated, shall understand it.

Mr. CARTTER. I rise to a question of order. It is this: Is it competent to discuss the point the gentleman is now discussing, when there is no amendment before the committee. He said he has an amendment somewhere in contemplation.

Mr. BRENTON. I am thankful that the orderly gentleman from Ohio has called my attention to a point of order. I always, as a stranger to parliamentary proceedings, feel myself under obligation to any gentleman who sets me right, and puts me in order when I am out of order. I understand that in discussing this question in the Committee of the Whole, I would have a right to take up and discuss every letter and syllable of this section, as well as the proposed amendments, and still be in order. I only suggested to my friend from Illinois [Mr. FICKLIN] the propriety of having that amendment so changed as to authorize the indorsement of the form of the assignment upon the back of the warrant.

Mr. FICKLIN. I have no objection. It is right.

Mr. TAYLOR inquired if it was in order to submit an amendment to the amendment?

The CHAIRMAN replied that it was. Mr. TAYLOR then submitted the following amendment, to come in at the end of the first section, viz:

In conformity with a form to be prescribed by the Commissioner of the General Land Office.

Mr. BISSELL. One suggestion upon that amendment: It would not reach the warrants already out.

Mr. TAYLOR. I apprehend it will, just as readily as the form suggested by the gentleman from Indiana, [Mr. BRENTON.] It is not my purpose to detain the committee. I believe a very large majority of the House would like to see these land warrants made assignable. I believe that is the desire of the country-particularly of those persons to whom these warrants have been issued. The object of the gentlemen who have discussed this question is to adopt some form by which this may be done. Now, sir, I think there is no better person to prescribe a form for such warrants than the Commissioner of the General Land Office, and the amendment I move to come in at the end of the first section will meet that view. I propose these land warrants shall be made assignable in the form prescribed by the Commissioner of the General Land Office. That will be known to the country, and accessible to everybody, and probably will be printed upon the back of the land warrant itself This I think meets the views of the gentleman from Indiana, [Mr. BRENTON,] SO intelligently expressed. I will add to my amend ment the words, "and be printed upon the back of the warrant." It is very evident, Mr. Chairman, that these land warrants are to be made assignable; and I think if these words are adopted, they will meet the views of the committee.

The CHAIRMAN. Does the Chair understand the gentleman to modify his amendment?

Mr. TAYLOR. I think my amendment as first offered will meet the wishes of gentlemen, and I will not modify it.

Mr. RICHARDSON. I move the committee rise. My object is to terminate this debate.

Several MEMBERS. "Oh, no!" "Oh, no!"

Mr. RICHARDSON. If the resolution I intend to propose is adopted, we can go back into committee again; gentlemen can offer all of their propositions, have a vote upon, and five minutes to debate them. I want to terminate this sort of debate, as there is evidently no good to result from it. I move the committee rise.

Mr. CARTIER demanded tellers; which were not ordered.

The question being taken, the motion was not agreed to.

Mr. HARRIS, of Tennessee. The amendment

of the gentleman from Illinois [Mr. FICKLIN] is one in substitution of the first section-is it not, sir? The CHAIRMAN assented.

Mr. HARRIS, of Tennessee. Then I suppose it is in order to perfect the first section before the vote is taken upon the substitute. I offer the following as a proviso, to come in after the first section, and I desire its adoption, although I have no objection to the substitute offered by the gentleman from Illinois.

The CHAIRMAN. It is the impression of the Chair that the amendment submitted by the gentleman from Ohio, [Mr. TAYLOR,] being in fact to perfect the first section, takes precedence. The first vote must be upon it.

tleman from Illinois [Mr. FICKLIN] was in fact a substitute. The gentleman from Ohio [Mr. TAYLOR] moved an amendment to the original section, which he had a right to do, and the gentleman from Tennessee [Mr. HARRIS] moved an amendment to the amendment, which is now the question before the committee.

Mr. CLEVELAND called for the reading of the section as it would be if the amendment were adopted; which was read by the Clerk.

Mr. JOHNSON, of Arkansas. I will detain the House but for a moment. The sense of the House upon the subject now before them is a matter very well ascertained. We will not reach the time when we can proceed to vote upon these questions at all, so long as there is a gentleman in this Hall disposed to go on and make a speech, except by proceeding according to the regular rule; that regular rule is, that in the House we shall pass a resolution which shall limit debate to five minutes. Then every gentleman can have an opportunity of offering amendments and of making five minutes' speeches upon them, and those opposed to them will have, also, five minutes in which to state their objections. If we are disposed to go on and get through with this matter, which has been half passed upon already by this House and the Senate, there can be but one motion now introduced that is in order, which will cause the business to progress, and that is, sir, that the committee rise. I intend, if the committee rise, to present the resolution I have indicated, which I hope may pass.

Mr. HARRIS, of Tennessee. I rise, Mr. Chairman, to a question of order. I had the floor and yielded it but for the reading of the amendment offered by the gentleman from Ohio, [Mr. TAYLOR,] to learn to what end that amendment was submitted. I did not think proper to interrupt the gentleman from Arkansas while he was addressing the committee. My question of order is, that the gentleman has no right to offer the motion, as I am entitled to the floor.

Mr. JOHNSON, of Arkansas. I am very sorry that my friend has been cut off so unceremoniously. I will withdraw the motion.

Mr. HARRIS. I understand the amendment offered by the gentleman from Ohio is an amendment to the original section, and that it is in order to offer an amendment to the amendment: I therefore offer the amendment which I send to the Clerk's table, to come in after the amendment of the first section.

The amendment was read by the Clerk, as follows:

Provided, That in all cases the assignment shall be acknowledged or proven by two subscribing witnesses, before some officer authorized to take the probate of deeds, who shall certify under his seal of office that the person making the assignment is personally known to him, or that his or her identity has been proven by two credible witnesses.

Mr. WALSH. I move an amendment as a substitute for the whole, in order to simplify the subject.

A MEMBER. The gentleman is out of order. Mr. WALSH. Only one word, as was allowed the gentleman from Indiana, [Mr. BRENTON.] The difficulty has been, it is said, that these persons will not understand the particular rules governing these assignments, established by this House. Now, every man in every city understands the local laws governing the transfer of real property. I desire to so amend the bill that said assignments shall be authenticated in all respects in the transfer of land as authenticated in the State where said assignments are made.

Mr. HARRIS, of Tennessee. I rise to a point of order, which is, that there is a substitute pending for the whole of the first section; that there is an amendment to an amendment perfecting the first section, and therefore no other amendment is in order, according to my idea of the rules. I make the question of order.

The CHAIRMAN. That is the impression of the Chair. The proposition submitted by the gen

upon debate. We cannot get along if members are permitted to offer all the ideas they desire. I move the committee rise. The motion was agreed to.

The committee accordingly rose, and the Speaker having resumed the chair, the Chairman [Mr. HIBBARD] reported that the Committee of the Whole had had the state of the Union generally under consideration, and particularly the joint resolutions explanatory of the act, passed 28th of September, 1850, entitled "An act granting bounty lands to certain officers and soldiers engaged in the military service of the United States," had made progress therein, but had come to no conclusion thereon.

Mr. JOHNSON, of Tennessee. I offer the usual resolution for closing debate in Committee of the Whole on the state of the Union in five minutes after the said committee shall have again resumed its session.

The resolution was adopted.

Mr. RICHARDSON moved that the rules be suspended, and that the House resolve itself into Committee of the Whole on the state of the Union. Mr. HALL, of Missouri, rose to a privileged question, and moved that the House adjourn; which motion, upon a division of the House, was agreed to-ayes 64, noes 56. So the House adjourned.

NOTICES OF BILLS.

Mr. WEIGHTMAN, of New Mexico, gave notice, under the rule, of his intention to introduce the following bills: A bill to authorize the Governor of New Mexico to call an extra session of the Legislature, if the same shall by him be considered necessary and expedient, and for other purposes;

A bill to extend to officers and enlisted men of the Army, and to volunteers and militia called into the service of the United States by competent authority, and doing duty in New Mexico, the provisions of the act of September 28th, 1850, making appropriations for the support of the Army; A bill to increase the salaries of civil officers in New Mexico;

A bill to authorize the survey of the public lands in New Mexico, and for other purposes;

A bill providing for the arming and equipping the militia of New Mexico; and

A bill to provide for a geological and mineralogical survey of New Mexico.

PETITIONS, &c.

The following petitions, memorials, &c., were presented under the rule, and referred to the appropriate committees: By Mr. FAULKNER: The petition of Passed Assistant Surgeon Richard McSherry, of the United States naval service, to recover compensation for extra services performed in Mexico.

Also, the petition of Joshua Lewis, a disabled mechanic of the national armory at Harper's Ferry, praying to be placed on the pension roll.

By Mr. ANDREWS: The petition of George F. Patten and others, of Bath, for the improvement of Kennebec river by the erection of beacons, buoys, and spindles, and for an appropriation of $5,000 to complete the same.

Also, the petition of Francis Tribon, for an invalid pension; and the petition of William Elwell, for the same.

By Mr. CHANDLER: The memorial of Thomas C. Rockwell, Whelan & Co., and many other merchants of Philadelphia, asking Congress to purchase the remaining stock in the Louisville and Portland canal.

By Mr. BOWNE: The petition of Joshua R. Sands, praying for the payment of the expenses incurred in carrying out Hon. Wilson Shannon as Minister to Mexico.

Also, the petition of C. L. Franklin and others, assistant marshals of Kings county, southern district of New York, for increased compensation for taking the Seventh Census. By Mr. CHASTAIN: The petition of sundry citizens of Paulding county, Georgia, praying for the extension of mail route No. 3376 from Rome to Cedartown, Georgia, to Pumpkinville post office, Georgia.

communicating, in compliance with a resolution of the Senate of the 19th instant, letters from officers of the Navy on the subject of corporal punishment in the Navy, and a revision of the rules and regulations of the Navy by a board of naval officers.

Ordered, That it be referred to the Committee on Naval Affairs, and printed.

Mr. GWIN. I move that this communication, with the accompanying papers, be referred to the Committee on Naval Affairs, and be printed for the use of the Senate. And I also give notice, that instead of calling up the memorial of the Senator from Pennsylvania, [Mr. BRODHEAD,] as I intended to do to-day, I shall postpone calling it up until the 6th of January, when I hope that those gentlemen who are in favor of this practice will be prepared to give their views upon the subject.

Mr. DAVIS. I wish merely to say, that this is a question of some interest, agitating the public mind in many quarters to a considerable extent; and I hold that the whole matter should go to the Committee on Naval Affairs, who should take it into their deliberate consideration, and make a written report, which may go out to the country.

Mr. GWIN. I have moved that the communication and papers go to the Committee on Naval Affairs, and stated that I will postpone the consideration of the memorial presented by the Senator from Pennsylvania until the 6th of January.

The question was taken, and the communication and papers were referred to the Committee on Naval Affairs.

PETITIONS.

Mr. BRODHEAD presented a petition of citizens of Pennsylvania, praying that the stock owned by individuals in the Louisville and Portland Canal may be purchased by the United States; which was referred to the Commitee on Roads and Canals.

Mr. DODGE, of Wisconsin, presented the petition of Catherine Elmes, widow of Alfred W. Elmes, a surgeon in the Army, praying a pension; which was referred to the Committee on Pensions.

Mr. UNDERWOOD submitted additional documents in relation to the petition of William L. Meredith; which were referred to the Committee on Revolutionary Claims.

Mr. STOCKTON presented the memorial of Jesse E. Brown in his own right, and as administrator of Wm. J. Russell, deceased, complaining that injustice has been done him and his intestate in the rejection, by the late Board of Commissioners for settling claims against Mexico, of a large portion of their claim for indemnity, and praying that a tribunal may be established for reviewing the decisions of that Board; which was referred to the Committee on Foreign Relations.

PAPERS WITHDRAWN AND REFERRED. On motion by Mr. McRAE, it was Ordered, That Samuel Colburn have leave to withdraw his petition and papers.

On motion by Mr. SHIELDS, it was Ordered, That the memorial of Charles S. Jackson, on the files of the Senate, be referred to the Committee on Commerce.

On motion by Mr. SHIELDS, it was

Ordered, That the Committee on Military Affairs be discharged from the further consideration of the memorial of Preston Starritt and others, and that it be referred to the Committee on Indian Affairs.

On motion by Mr. SHIELDS, it was

Resolved, That the Committee on Military Affairs be discharged from the further consideration of the petition of W. R. Hallett, administrator of Joshua Kennedy, and that it be referred to the Committee on Indian Affairs.

On motion by Mr. SHIELDS, it was

Ordered, That the Committee on Military Affairs be discharged from the further consideration of the memorial of Richard M. Johnson, and that it be referred to the Committee on Naval Affairs.

On motion by Mr. DAWSON, it was Ordered, That the petition of Charles Lee Jones, on the files of the Senate, be referred to the Committee on Military Affairs.

On motion by Mr. DAVIS, it was Ordered, That the petition of John W. Whipple, on the files of the Senate, be referred to the Committee of Claims. On motion by Mr. WALKER, it was Ordered, That the heirs of James Bell have leave to with draw their petition and papers.

NOTICE OF A BILL.

Mr. SHIELDS gave notice of his intention to ask leave to introduce a bill to increase the

WEDNESDAY, DECEMBER 31, 1851.

officers.

CHRISTMAS HOLIDAYS.

On motion by Mr. ATCHISON, it was Ordered, That when the Senate adjourns this day, it adjourn to meet again on Friday next.

REPORTS Of standing COMMITTEES. Mr. CLEMENS, from the Committee on Military Affairs, to whom was referred the joint resolution authorizing the President of the United States to confer the title of Lieutenant General, by brevet, for eminent services, reported it without amendment.

Mr. DAWSON, from the Committee on Military Affairs, to whom was referred the petition of Margaret Hetzel, submitted a report, accompanied by a bill for the relief of Mrs. Margaret Hetzel, widow, and administratrix of A. R. Hetzel, late assistant quartermaster in the Army of the United States.

The bill was read and passed to the second reading.

Ordered, That the bill be printed.

Mr. D. also, from the same committee, to whom was referred the memorial of Roger Jones, submitted a report, accompanied by a bill for the relief of Adjutant General Roger Jones.

The bill was read and passed to the second reading.

Resolved, That the report be printed.

Mr. DODGE, of Iowa, from the Committee on Public Lands, to whom was referred the bill to relinquish to the State of Iowa the lands reserved for salt springs therein, reported it without amend

ment.

NAVAL DEPOT AT KEY WEST.

Mr. MALLORY submitted the following resolation; which was considered by unanimous consent, and agreed to:

Resolved, That the Committee on Naval Affairs be instracted to inquire into and report on the expediency of establishing a Naval Depôt at Key West, in the State of Fionda.

CLERK TO COMMITTEE ON PENSIONS. Mr. JONES. I wish to offer a resolution, and I ask the unanimous consent of the Senate that it may be considered now.

The resolution was read, as follows: Rashed, That the Committee on Pensions be authorized, as bentofore, to employ a clerk.

Mr. ATCHISON. Unless the pension business has greatly increased within the last few years, there is no necessity to appoint a clerk to that committee. I was a member of that committee at one time I believe for about two years and, to the best of my recollection, two members of the committee disposed of all the business brought before that committee. Two working members were at that time amply sufficient to dispose of all the business without occupying half of their time. Now, I am not aware that there has been such an increase of business as to require a elerk; and it does seem to me that five members, who constitute that committee, can dispose of pension claims. These claims are generally disposed of upon the opinion of the Commissioner of Pensions. The memorial is enclosed to the Commissioner, and he gives his opinion in relation to it, embracing the law and its application to the facts; and it is no difficult matter then for the committee to determine whether they will allow or disallow the pension.

Mr. JONES, of Iowa. I believe, sir, that an immense saving to the Government will be the result of the employment of this clerk. It is his duty to carry communications, petitions, and papers, in every case, to the Commissioner of Pensions; to confer with him; to ascertain the facts in each case respectively; and also communicate by letter with the Commissioner, by order of the committee, in each case. At the last session of Congress the clerk of our committee addressed some two or three hundred communications to the Commissioner, made very frequent visits to him on behalf of the committee, and also prepared a

NEW SERIES.....No. 10.

Rogers was made on the affidavit of a single soldier, and it was overruled by the pile of affidavits to which I have referred; and we were told that there could be no reinvestigation, because the action of the department was final. I brought this subject to the attention of the Congress of the United States, and, since that time, I have received letter after letter stating other cases of precisely the same kind. I hope the Committee on the Judiciary will attend to it. I once drew up a bill for the remedying of this evil, but it fell through. I want them to provide by law a remedy in case of payments being made by the Executive department of the Government, where there is ground to apprehend fraud or mistake, that remedy to be by bringing suit against the party supposed to be in the wrong, and make them refund the money. Justice requires this; and I hope that the Committee on the Judiciary will take the subject under their consideration, and report us a bill to that effect. I ask that the resolution may be now con

a great saving to the Government was the result of his labors. I know this as a fact; and at the first session of Congress which I attended, in 1848, the chairman of the Committee on Pensions (Governor Johnson, of Louisiana) assured me that almost the whole business was in his hands; that the committee permitted him to make reports in nearly every case. At the last session of Congress a similar course would have been pursued if I, as chairman of the committee, had been willing to assume so much responsibility. This I declined to do, and the committee were unanimous in their opinion that the interests of the country would be subserved by the appointment of a clerk. On this, as I have just remarked, the committee were unanimous; and in consequence of the great number of cases now before us, and the utter impossibility of obtaining the services of the different members of the committee, they have therefore instructed me to offer this resolution; and I am satisfied that by doing so the business of the claimants will be bet-sidered, and the subject referred to the Committee ter attended to, and a considerable saving to the on the Judiciary. country be effected.

Mr. ATCHISON. I am satisfied with what the Senator from Iowa has said, and I will take his word, without any argument. I did not know that this proposition came from the Committee on Pensions, or was presented by that Senator. The reasons he has assigned I think are sufficient to authorize the appointment of a clerk.

The question was then taken, and the resolution was adopted.

REINVESTIGATION OF SETTLED CLAIMS.

The consent of the Senate being given to the present consideration of the resolution, and the question being taken on its adoption, it was decided in the affirmative.

MESSENGER OF THE SENATE. Mr. BELL. I offer the following resolution. The resolution was read, as follows: Resolved, That Owen Connelly be and he is hereby appointed messenger to the Senate, the appointment to take eflect from the first day of March, 1851.

I do not know, Mr. President, whether this is in strict conformity with the usual mode of pro

Mr. UNDERWOOD. 1 desire to offer the fol- ceeding in such cases; but it was suggested to me lowing resolution:

Resolved, That the Committee on the Judiciary be instructed to inquire into the expediency of providing by law for the reinvestigation, by the judicial department of the Government, of all payments made by any of the executive departments, when there is ground to apprehend fraud or

mistake.

I beg leave to make a statement, and then to ask for the immediate consideration of this resolution.

I brought this subject to the attention of the Senate perhaps two years since. The necessity of some provision of this sort grew out of a case somewhat personal to my family. I had an old uncle who happened to be a revolutionary captain in George Rogers Clark's regiment. He died in 1794; and under the act of 1832, allowing half pay, there were some two or three thousand dollars to which my family were entitled, and which some twenty years ago they drew from the Treasury. Subsequent to that time a North Carolina family sprung up, pretending to be the heirs of John Rogers deceased, insisting that he lived till 1822 or 1823, and drew from the Treasury some fifteen or twenty thousand dollars, for the services of the same man whose family had drawn two or three thousand dollars before. This money was drawn two or three days before I reached Washington, and when I was informed of it, I went at once to the department and made some inquiry to know how this had happened. They showed me a bundle of papers in which there was affidavit after affidavit, and memorial on memorial, and circum

stance after circumstance, to show that this North Carolina family were the real descendants of John Rogers, alleging that he had been a married man, and left a great many children; when, in fact, the real John Rogers was never married, and died a bachelor. Well, I asked if there was no way of investigating this matter, and getting the money back again. It was said that perhaps the decision of the department was final, and there could be no reinvestigation; and thus it appears that two sums of money have been paid in consequence of the services of the same man. For the reputation of my family, allow me to remark, that I was obliged to send home and get copies of the original commission, which fortunately had been retained; and we also retained the diploma of his being a member of the Cincinnati Society, signed by General Washington, and countersigned by Knox. It so happened that the claim twenty years ago, on behalf of the true representatives of John

that I should make the proposition, and ask the unanimous consent of the Senate to consider it now. I will merely state to the Senate what I have been informed in regard to the condition of this man. He was formerly a watchman upon the grounds of the Capitol, and had the misfortune to be dreadfully crushed. He recovered, however, sufficiently to be able to perform the duties of an ordinary messenger about the Senate, although not sufficiently to be able to perform labor about the grounds. By this accident he has been left destitute. It is true that this man has not suf

fered in the Army or the Navy, but he has suffered in our service here; and as there are several duties that he can competently perform as a messenger, I trust the Senate will agree to consider this proposition now. This is a dreadful season for a man to be cut off from the means of support, especially when he has been deprived of the energy and activity with which he was by nature endowed. It is a dreadful season for a man in this condition to be cast upon his own resources-indeed this man has no resources; and as he suffered in our service, I hope there will not be an opposing voice to the taking up of this resolution, and the passing of it.

Objection being made, the resolution was laid over under the rule.

COMPROMISE MEASURES.

special order, being the resolution submitted by

The Senate resumed the consideration of the

Mr. FooтE, as amended on the motion of Mr. BADGER, declaring the compromise measures a definitive settlement of the questions growing out of the subject of slavery.

The resolution is as follows:

A Resolution declaring the Measures of Adjustment to be a definite settlement of the questions growing out of domestic slavery.

Be it enacted, That the series of measures embraced in the acts entitled "An act proposing to the State of Texas the establishment of her Northern and Western boundaries, the relinquishment, by the said State, of all territory claimed by her exterior to said boundaries, and of all her claims upon the United States, and to establish a territorial government for New Mexico," approved September 9, 1850; "An act for the admission of the State of California into the Union," approved September 9, 1850; "An act to establish a territorial government for Utah," approved September 9, 1850; "An act to amend and supplementary to an act entitled 'An act respecting fugitives from justice, and persons escaping from the service of their masters,' approved February 12, 1792," approved September 18, 1850; and "An act to suppress the slave trade in the District of

Columbia," approved September 20, 1850, commonly known as the "Compromise Acts," are, in the judgment of this body, a settlement in principle and substance-a final settlement of the dangerous and exciting subjects which they embrace, and ought to be adhered to by Congress until time and experience shall demonstrate the necessity of further legislation to guard against evasion or abuse.

Mr. CLEMENS, who was entitled to the floor, yielded it for a few minutes at the request of the Senator from Michigan, who desired then briefly to address the Senate.

Mr. CASS. Mr. President, I am much obliged to the Senator from Alabama for yielding me the floor; and as I shall occupy it but for a few minutes, I trust he will then be permitted to resume it, in order to go on with his remarks, which I am sure the Senate will find more interesting than anything I have to say.

us against sectional feelings and their consequences. That Government has not been merely assailed in a strain of invective, rare even in the contests of party, but the determination has been avowed, in language not less clear than unqualified, to break up the Union, by breaking the prestige of its integrity, and to reduce it to a kind of temporary partnership, feeble and inefficient in its operations, both at home and abroad, and equally contemptible to its own citizens and to the rest of the world. Does the honorable Senator believe, there is another government under the face of heaven, where such language and such objects can be uttered and avowed with impunity? And does he not find, in the great principle of the right of speech, of free speech, unshackled by conditions or limitations, unknown indeed in its extent elsewhere through the world, does he not find, I say, a refutation of his own position that we live under a despotism; a practical commentary, which rebuked, even while he uttered them, his harsh denunciations? As to the ruin so confidently asserted or predicted, or both, where is it, or even a sign of it as big as a man's hand, like that seen by a prophet, more truly inspired, I trust, than the honorable Senator from South Carolina? [Mr. RRETT.] Has the eye of man ever rested upon a more prosperous country than this? And if such a condition is ruinous or pregnant with ruin, where shall we find prosperity, but in some new Paradise specially created and governed by God? though even in such a place sad experience has taught us that a tree of evil may be found, and the highest blessings rashly rejected in a spirit of impatience and discontent.

Though I expressed, sir, to the honorable mover of this resolution [Mr. BADGER] my regret at its introduction, yet here it is, and I am required to vote upon it; to testify my satisfaction at the passage of the compromise measures, and my conviction that the arrangement was a just, and should be a final one, no more to be disturbed in whole or in part. I have before taken occasion, in my seat here, when practical subjects involving all these issues were before us, to state my views, and I shall not now repeat them, when the course proposed proposes no legislative action. I am not generally in favor of mere legislative declarations, leading to no practical results; yet, the circumstances which surround this proceeding give to it unusual importance, and it may well rest upon its own peculiar claims. The peace of the country has been assured, I trust, by this series of meas- North and South, East and West, the sun rises ures. But reports have gone forth, more or less and sets on a happy land, teeming with an intelliimposing in their character, that they would be gent people, with free and equal institutions, with assailed in Congress, and some of them repealed, all the avenues of position and employment open or so modified as to destroy their efficiency and to all, and advancing in every element of power acceptability. Agitation is thus kept alive by the and prosperity with a rapidity which outstrips expectation of change, prepared to renew its fear- human expectation, as it has outstripped human ful work, and in this state of things, I find myself experience, and with nothing to fear but our face to face with a resolution which asserts, as I be- own crimes and follies, and the just judgments of lieve, the true character and just inviolability of God. And while republics, and empires, and these measures, and seeks thereby to remove from monarchies, have fallen and are still falling before the public mind all apprehension that the perilous us, marking this as the age of social and political contest through which, by the kindness of Provi-revolutions, our institutions have been preserved, dence, we have safely passed, will again be re- our boundaries enlarged, our power augmented, newed; and I should discharge my duty as faith- and the beacon-light of liberty still shines from lessly to my constituents as to myself, if I did not our shores, inviting the struggling nations of the meet this proposition with frankness, and support earth, tossed upon a sea of oppression, to follow it with firmness. And especially, sir, am I un- us to a haven of safety. For almost three score willing to be misunderstood in this grave conjunc- years and ten this has been my country, my hapture, after the denunciations we have heard for the py, glorious country, and for more than half a first time, from an American Senator, in the century, since I have been old enough to appreciAmerican Senate, against the Confederation and ate and to love it, its Government has protected me Government of our common country. If such and mine from foreign aggression and domestic sentiments are to furnish motives to any one for violence. The honorable Senator from South Carthe rejection of this proposition, they will furnish olina seems to measure the value of free institutions motives to me for its support, as I desire, by my by a standard adapted to his own peculiar notions voice and my vote, equally to mark my disappro- of the operation of fiscal laws, and the assumed bation of them. want of equality, which he has strangely and Mr. President, the words that fell from the hon- strongly asserted, but has failed to prove, may be orable Senator from South Carolina [Mr. RHETT] the knell, is now, indeed, the passing knell, he were as unwelcome as they were unexpected. hopes and believes, of this world-watched Republic. They fell upon reluctant, I may well say, indig- But our real equality, the true American equality nant ears, and they went to sorrowing hearts. I of condition, by which we have neither high have not the most distant idea of following the nor low among us, and which freely offers Senator in his bill of indictment against his coun- fortune and honors alike to the hopes and exertry, against my country, against this glorious tions of all, this condition of social existence the Union, the most precious political gift of God to Senator has not glanced at, probably has not man since the exodus of our first parents from the even thought of, in his search after the evidences garden of Eden. I will not follow him-the task of sectional inequality. But it is an institution would be too irksome-in his arithmetical calcula- which those who commenced life under circumtions of what the different portions of our country stances less fortunate than himself, regard as the have lost or gained in the collection and disburse- brightest spot in our political firmanent, as offering ment of revenue, in the disposition of the public ample compensation for any temporary partial lands, nor even in the amount of pensions granted operation of public measures, where such occur, to the poor and time-honored, but time-stricken (and they must sometimes occur in every Governrelics of our revolutionary struggle; not only be- ment,) far greater than in the cases, even if they cause many of the facts, and almost all the con- were all liable, which they are not, to this objecclusions, are erroneous, but still more, because, tion, whose proofs have been collected with so after all the inequality, which really exists not, but much industry, and spread before us with so much which may be shadowed forth by the most dis- power, and I doubt not sincerely, but with so little tempered imagination, there remains a sum of conviction. Such was the charge against the nonfreedom and prosperity, of enjoyment and of bless-intercouse, the embargo, the war, the tariff, and ings, such as the world never saw before, and will never see again, if this Union is dissolved. That it is the freest government the sun ever shone upon, requires no clearer proof than is furnished by the very denunciations against it, uttered in this high place, in the presence of the portrait of the Father of his Country, hallowing, not merely adorning, these walls, and who, in his last solemn act, warned

to some extent against the removal of the deposits; and the foreboding of ruin, happily rebuked by the results, was then as wide-spread as it can be again, and was rendered still more powerful by that strange spirit of hallucination, to which the best and the wisest are often subject during periods of excitement in this, our world of errors. And I may well speak with a full heart upon the subject

of our equality of condition; for this very condition, joined, indeed, to the undeserved favor of my fellow-citizens, has given me, whose early prospects in life were shrouded in difficulties, and who passed much of it in hard and harsh duties in the forest, it has given even to me this opportunity, and I glory in it, of bearing my testimony of gratitude to the priceless value of the Constitution here, in this great depository of its power. And when, in God's good time, I shall need its protection no longer, may I leave it, as a most precious legacy, untouched and unscathed, to those who are most dear to me, an object of pride and affection for them as it has been for me.

One more word, Mr. President. What a strange spectacle does the opposition to the compromise exhibit? Assailed with equal violence, not to say virulence, North and South, its enemies unite in condemning it with equal zeal, but they unite in nothing else. Both parties charge it with unconstitutionality and injustice, because it concedes all to one, and nothing to the other, while each considers itself the injured party, and its rights and feelings as sacrificed by the arrangement. For myself, sir, I believe it was a wise and patriotic disposition of the eventful questions, which agitated and threatened us, and I think, if other evidence were wanting, it has been supplied by the criminations and recriminations which are yet sounding in our ears.

Mr. CLEMENS next addressed the Senate at considerable length in favor of the Compromise measures, and in favor of the passage of the resolution. His speech will be found in the Appendix.

Mr. DOUGLAS followed, and entered into explanations of his position on the fugitive slave bill, and the circumstances which prevented his presence in the Senate Chamber to vote for the bill on its passage. His remarks will be found in the Appendix.

Mr. DOWNS was next recognized by the Chair. He said he was desirous of addressing the Senate on this resolution, but the day was too far advanced to enable him to do so satisfactorily. He therefore moved that the further consideration of the subject be postponed to the first Monday in January next.

The motion was agreed to, and the Senate adjourned to Friday next.

HOUSE OF REPRESENTATIVES. TUESDAY, December 23, 1851. The House met at twelve, m. Prayer by the Chaplain, Rev. Mr. MORGAN. The Journal of yesterday was read and approved.

ASSIGNABILITY OF LAND WARRANTS. The SPEAKER stated that the first business in order was the unfinished business of yesterday, being the motion of the gentleman from Illinois, [Mr. RICHARDSON,] that the rules be suspended, and that the House resolve into Committee of the Whole on the state of the Union.

Mr. TUCK rose to a privileged question, and moved to reconsider the vote of the House, yesterday, adopting the resolution limiting the debate in Committee of the Whole on the state of the Union upon the bill in relation to the assignment of bounty land warrants.,

Mr. T. said: I propose to occupy the attention of the House for but a few moments.

Mr. JONES, of Tennessee, (interrupting.) I rise to a question of order. I submit that a motion to reconsider a resolution closing debate is not debatable, for the reason that the resolution itself, when upon its adoption, is not debatable. It is like a motion to reconsider a motion to lay on the table; the motion to lay on the table not being debatable, a proposition to reconsider that motion cannot be debatable.

The SPEAKER sustained the point of order. Mr. TUCK. I do not propose to take an appeal from the decision of the Chair, but I recollect that the practice of the House has been directly contrary.

The SPEAKER. The resolution itself not being debatable, a motion to reconsider the vote by which that resolution was disposed of, cannot, of course, be debatable.

Mr. TUCK. Well, I hope the House will look at the 4th section of the bill. I am sure it cannot be understood.