it was ascertained that no quorum was present. The tellers will resume their places.

Mr. GORMAN. I beg to remark that I believe the question before the committee was upon the motion that the committee rise, and that the inflexibility of the opposition is such that every one must perceive, if they are determined to hold out, it is out of the question to pass this resolution tonight. Gentlemen will remember a similar scene upon the California question during the last Congress, and the amount of time consumed in five minute speeches. And in this case, unless gentlemen want to make five minute speeches, I insist that the committee do rise.

The tellers, Messrs. BROWN of Mississippi, and CHAPMAN, having resumed their places, the question was taken on the motion that the committee rise, and the tellers reported-ayes 62, noes 74. So the committee refused to rise.

The question recurring upon the amendment to the amendment,

Mr. STEPHENS, of Georgia, demanded tellers; which were ordered, and Messrs. GILMORE and CABELL were appointed.

The question was then taken, and the tellers reported-aye 1, noes 75; no quorum voting.

[Cries, "Call the roll!" "Call the roll!"]

The roll was then called, and the committee rose, and the Speaker having resumed the chair, the chairman of the committee reported that the Committee of the Whole on the state of the Union having found itself without a quorum, caused the roll to be called, and instructed him to report the facts to the House with the names of the absent

ees.

There being no quorum present,

Mr. STEPHEN'S, of Georgia, moved a call of the House; which motion was agreed to.

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

Mr. WILDRICK called for the yeas and nays on that motion; which were ordered.

The question was then taken, and the House refused to adjourn—yeas 61, nays 77; as follows:

YEAS-Messrs. Abercrombie, Aiken, William Appletom, Ashe, Averett, Thomas H. Bayly, Barrere, Bocock, Bowie, Brenton, Albert G. Brown, Burrows, E. Carrington Cabell, Caldwell, Lewis D. Campbell, Churchwell, Cobb, Cullom, Dockery, Edmundson, Ewing, Fitch, Freeman, Gentry, Goodenow, Gorman, Grey, Hall, Hammond, Harper, Isham G. Harris, Haven, Hendricks, Hillyer, Andrew Johnson, James Johnson, Robert W. Johnson, George W. Jones, Kubns, Landry, Lockhart, Humphrey Marshall, Martin, McMullen, Miller, Millson, John Moore, Moread, Murphy, Powell, Riddle, Savage, Schermerhorn, Scarry, Smith, Stanly, Alexander H. Stephens, Taylor, Teamble, Watkins, and Williams-61.

NAYS-Messrs. Willis Allen, Allison, Babcock, Bartlett, Bissell, Bowne, Briggs, Buell, Joseph Cable, Cartter, Chapman, Chastain, Cleveland, Clingman, Conger, John G. Davis, Dean, Doty, Durkee, Eastman, Edgerton, FickEn. Florence, Floyd, Fowler, Henry M. Fuller, Gaylord, Giddings, Gilmore, Green, Grow, Hascall, Henn, Horsford, John W. Howe, Thomas M. Howe, Ingersoll, Ives, John Johnson, Daniel T. Jones, Preston King, Letcher, Mace, Mann, Meacham, Molony, Newton, Peaslee, Penniman, Perkins, Porter, Rantoul, Robie, Sackett, Scudder, David L. Seymour, Skelton, Smart, Snow, Benjamin Stanton, Frederick P. Stanton, Richard H. Stanton, Stratton, Stuart, Sweetser, George W. Thompson, Thurston, Townshend, Tuck, Walbridge, Walsh, Ward, Washburn, Welch, Addison White, Wildrick, and Yates-77.

Mr. FOWLER. I move that the House resolve itself into the Committee of the Whole on the state of the Union, for the purpose of taking up the subject under consideration at its last sitting.

The SPEAKER. The House has already ordered that there shall be a call of the House, and it is the duty of the Chair to direct the roll to be called.

Mr. STEPHENS, of Georgia. The yeas and nays were called upon that question.

The SPEAKER. The Chair did not so under

stand it.

Mr. STEPHENS. I had just risen, when the motion was made to adjourn, to call for the yeas and nays, when the gentleman upon my right [Mr. CLINGMAN] called for them. The Chair said it was too late. I raise this point of order. It is never too late to call for the yeas and nays, because it is a constitutional right.

The SPEAKER, There is no doubt that it is a constitutional right, but it is too late to call the yeas and nays upon a question that has passed. Mr. JOHNSON, of Arkansas. Is the call still

in force?

The SPEAKER. We are under an order of the House for a call of this House.

Mr. JOHNSON. I move that all further proceeding upon the call of the House be suspended. Mr. STEPHENS. I demand the yeas and nays upon that motion.

Mr. ORR. I rise to a question of order. It is, that no proceedings have been had since the call of the House, and it is not in order to make such a motion now.

The SPEAKER. It is competent for the House at any time to rescind its order.

The yeas and nays were ordered.

Mr. JOHNSON. I withdraw my motion. Mr. CARTTER. Is it in order to make a motion to adjourn?

The SPEAKER. Mr. SWEETSER. der.

It is.

I rise to a question of or

Mr. CARTTER. I have the floor. The SPEAKER. The gentleman from Ohio [Mr. CARTTER] has the floor.

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

The question was taken, and the motion was agreed to.

So the House, at ten p. m., adjourned to Friday.

PETITIONS, &c.

The following memorials, petitions, &c., were presented under the rule, and referred to the appropriate committees: By Mr. JOHN W. HOWE: The petition of John Gilfi!lin and 65 others, citizens of Lawrence county, Pennsylvania, praying Congress to pass a law making land warrants under the act of 1850 assignable.

By Mr. APPLETON, of Maine: The petition of citizens of Portland, in the State of Maine, for an appropriation to build a marine hospital.

Also, petitions of citizens of Bangor and Eastport, in said State, for an appropriation to build a breakwater at Richmond's Island.

By Mr. ALLISON: The petition of Elizabeth Swagers, widow of George Swagers, à soldier of the revolutionary war, for a pension.

By Mr. MARSHALL, of Kentucky: The memorial of the General Council of Louisville, for the purchase of the Louisville and Portland Canal.

By Mr. McDONALD: The petition of Enoch Burt and others, asking for compensation for inventing an important improvement in the art of weaving by power.

By Mr. GORMAN: The memorial of the heirs of Colonel Francis Vigo, for advances made to the United States during the campaign of General George Rogers Clark.

By Mr. SCHERMERHORN: The petition of H. N. Curtis and 35 other citizens of Rochester, New York, praying for the passage of a law for the protection of American patentees against the violation of their rights in the neighboring province of Canada.

NOTICE OF A BILL.

By Mr. MACE: A bill to grant a right of way for a railroad from Springfield, Illinois, to Toledo, Ohio, via Lafayette and Delphi, Indiana, aud making a grant of land to said States to aid in the construction of such road.

IN SENATE.

FRIDAY, January 2, 1852. Prayer by the Chaplain, Rev. C. M. BUTLER.

EXECUTIVE COMMUNICATION.

The following message was received from the President of the United States:

To the Senate of the United States:

I transmit herewith a copy of a letter of the 26th instant, addressed to the Secretary of State by the contractors for paying the next installment due to Mexico, pursuant to the treaty of Guadalupe Hidalgo, representing the necessity of an immediate appropriation by Congress of the money necessary for that purpose. MILLARD FILLMORE. The message was read, and it was

Ordered, That it be referred to the Committee on Fi

nance.

PETITIONS.

Mr. DOWNS presented the petition of Richard King, praying to be allowed to enter certain land within the Maison Rouge Grant," upon the terms allowed by the act of the last session of Congress for the relief of purchasers of land within that grant; which was referred to the Committee on Private Land Claims.

Mr. SHIELDS presented the petition of Samuel Noah, praying compensation for services during the last war with Great Britain; which was referred to the Committee of Claims.

Also, the petition of officers of the Army stationed at Fort Laramie, praying an increase of compensation; which was referred to the Committee on Military Affairs.

Also, the petition of Maria Davis, praying a pension and bounty land in consideration of the services of her son, Thomas Davis, in the late war

with Mexico; which was referred to the Committee on Pensions.

Mr. GWIN presented two petitions of citizens of San Francisco, California, praying the establishment of a branch of the Mint of the United States at that place; which were ordered to lie on the table.

Mr. DAVIS presented the petition of William Blodgett, a revolutionary pensioner, praying an increase of pension; which was referred to the Committee on Pensions.

Mr. BORLAND presented the petition of the late and present land officers at Washington, Arkansas, praying compensation for services in making entries of land under bounty land warrants; which was ordered to lie on the table.

Mr. FELCH presented the petition of Elvira F. Smith, widow of an Army officer, praying a continuance of her pension; which was referred to the Committee on Pensions.

Also, the petition of the administrators of John Anderson, praying remuneration for property destroyed by the enemy during the last war with Great Britain; which, with the documents on the files of the Senate relating to the claim, was referred to the Committee of Claims.

Also, the petition of Hiram McCarty, praying indemnity for the confiscation of the property of his late father by the British authorities in Upper Canada, in consequence of his adhering to the American cause in the last war with Great Britain; which was referred to the Committee of Claims.

Also, the petition of William Woodbridge and Henry Chipman, late judges of the United States in the Michigan Territory, praying compensation for services rendered by them which did not properly belong to their office; which was referred to the Committee on the Judiciary.

Mr. DODGE, of Wisconsin, presented a petition of citizens of Wisconsin, praying that so much of the land contained in the Fort Howard military reservation as is not required for military purposes may be surveyed and brought into market; which was referred to the Committee on Public Lands.

Also, the petition of James Edi, praying the establishment of an Agricultural Bureau; which was referred to the Committee on Agriculture.

Mr. WALKER presented a petition of citizens of Wisconsin, praying a grant of public land to that State, to aid in the construction of a railroad from Milwaukie to the Mississippi river; which was referred to the Committee on Public Lands.

Mr. SEBASTIAN presented the petition of Edward Holt, praying permission to enter a quarter section of land, lying in a military reservation, on which he has made improvements; which was referred to the Committee on Private Land Claims.

Mr. UNDERWOOD. I have received a petition from William T. Finch, of St. Louis, which is of a rather extraordinary character. He represents that he feels that he is destined, in the providence of God, to fulfill a destiny. He says that he has been engaged during the whole course of his life in the cause of human progress and advancement. He says that, unfortunately, he has not met with that success in his efforts which his cause deserves. In this petition he evidently takes the side of "intervention' as his doctrine, and would go so far as to extend it throughout the world. He prays that Congress would take his memorial into their consideration, and that they would put him upon the same footing as other foreign refugees are placed who come into the United States; that they would give him a tract of land, and make a special provision to that effect, in the bill which he understands is now before Congress for granting lands to foreign refugees. He further states, that if this cannot be done without prejudice to the presidential election of 1852, he prays that he may at least have the warmest sympathies of this body. I move that this memorial be referred to the Committee on Public Lands.

The memorial was so referred.

MEXICAN CLAIMS.

Mr. DOWNS. Mr. President, I have in my hand one of several memorials of persons claiming indemnities for losses sustained in Mexico. They represent that their claims were presented to a former, as well as to the late Board of Mexican Claims; and some of them allege that their claims were entirely rejected by the late Board, although

they had been approved by the previous Board. Others, again, state that their claims have been greatly reduced, and set forth that, in consequence of this reduction, injustice has been done to them by the Board of Commissioners; that, by the course which the Government of the United States has taken with Mexico, in relieving that country from all of these claims, it has become bound to do them justice, and they ask that another Board may be organized, or some other mode adopted, by which the justice of these claims may be ascertained, and payment of them made, if they are found to be just. I feel a good deal at a loss to know what ought to be done in cases of this kind. I understand that there are a great many of them besides those that have been intrusted to my care. They ask for an investigation of the matter by the Senate. They desire the appointment of a committee, with power to send for persons and papers. I entertained some doubt whether this was a proper subject for the investigation of this body; but I became convinced that there was propriety in it, since the object of the memorialists is not to make any criminal charge against the Commissioners, but simply to have a reinvestigation of their claims, in order that the facts may be ascertained, and the question be presented and decided, whether the Government of the United States will feel itself bound to pay these claims beyond the amount of indemnity stipulated in the late treaty with Mexico. It is suggested by some of the memorialists, that the three millions stipulated for the payment of these indemnities has not yet been exhausted, so that there is yet a fund remaining, out of which some of these claims at least can be paid; and thus there is a question presented to us which we must meet at some time or another, whether the Government will go beyond the awards of the late Commission.

I understand that there is a number of other memorials in the hands of Senators, of a similar character; and as they, like myself, feel some doubt as to what disposition should be made of them, I will merely present these memorials now, and move that they be laid upon the table.

The following memorials were accordingly presented, and laid upon the table:

The memorial of James W. Zacharie, assignee of Asmus C. Breedall, praying the establishment of a tribunal for reviewing the decisions of the late Board of Commissioners for investigating claims against Mexico.

The memorial of Edmund J. Forstall, and the memorial of Nathan C. Folger, assignee of Chas. Guenet, representing that there is a variance between the awards made on their claims by the Board of Commissioners for the settlement of claims of American citizens against Mexico, and praying the payment of that portion of their claims disallowed by the said Board.

PAPERS WITHDRAWN AND REFErred. On motion by Mr. HAMLIN, it was Ordered, That the petition of Charles Cooper & Co., on the files of the Senate, be referred to the Committee of Claims.

On motion by Mr. SHIELDS, it was Ordered, That the memorial of the clerks in the Adjutant General's Office, on the files of the Senate, be referred to the Committee on Military Affairs.

On motion, it was

RECESS.

Ordered, That when the Senate adjourns, it be to Monday next.

NOTICES OF BILLS.

Mr. FELCH gave notice that he should ask leave to introduce a bill granting to the State of Michigan the right of way and a donation of public land, for the purpose of constructing a canal or railroad across the Peninsula of Michigan; and

A bill to establish an additional land office in Michigan.

Mr. CLARKE gave notice that he should ask leave to introduce a joint resolution declaratory of the principles of the United States Government upon the doctrine of intervention with the internal relations of other States, and reaffirming the known settled policy of our country.

Mr. CLEMENS gave notice that he should ask leave to introduce a bill, to be entitled "An act to provide for the appointment of a United States district attorney for the northern district of Alabama."

RECALL OF OUR MINISTER TO FRANCE. Mr. WALKER. A memorial has been sent to

me, from an association known and styled as the "Industrial Congress of the city of New York,' with a request that I would present it to the Senate. This memorial asks for the recall of the United States Minister from France, and the suspension of all diplomatic intercourse with the Government of that country. I present this memorial as I would present any other which might be transmitted to me with a request that I would present it. I will ask that it may be read. I do not know whether in consequence of its being read, it will go into the public journals of the day or not, but it is desired by the memorialists, in a letter accompanying the memorial, that it should do so.

The memorial was then read, as follows:

To the Senate and House of Representatives of the United States in Congress assembled:

The Industrial Congress of the city of New York, in view of the late tyrannical and unpardonable conduct of Louis Napoleon Bonaparte, President of the French Republic, respectfully pray your honorable bodies immediately to recall Hon. William C. Rives, your Minister to France, and the suspension, on the part of our Government, of all diplomatic and commercial relations with that Power. The Industrial Congress is not insensible of the importance and responsibility that would naturally attach to the assuming of the position herein recommended. It well knows the fact, however, that the United States Government was the first to acknowledge the Republic of France. This recognition was manifested on the ground that the people of that unfortunate nation had become wearied of the form of government under which they so long had lived, and had risen in their majesty, and established a Democratic government.

Louis Napoleon Bonaparte, he whom the French people had honored with their confidence, and elevated to the Presidency of the Republic, has proved treacherous to the trust reposed in him; he has violated and trampled under foot the constitution he had solemnly sworn to support, and has in various ways proved recreaut to his duty, and thrice recreant to humanity.

better than the present. If we are to change the foreign policy of this country at this time, let us do it now; but, on the other hand, if we are determined not to do so, let us announce it at once. What committee, then, can more appropriately make a report upon this subject than the Committee on Foreign Relations? Now I am desirous that this should be done. If it is desired that this question should be discussed, let it go before the American people, and let it be thus determined whether we shall take part in the strife and wars of other countries, or abide by the course which, in this respect, we have pursued since the first foundation of the Government. I trust that this reference may be made, and that that committee will report upon the subject. I hope the Senate will not lay the memorial upon the table.

Mr. WALKER. I should regret exceedingly if the introduction of this memorial should at this time give rise to any discussion. I certainly introduced it with no such expectation, no such desire, no such design. I perhaps know more of the association whence this memorial comes than most of the Senators who have spoken in reference to it. I believe it is constituted of a class of men to whom respect should be shown—that is, if respect is to be shown in the Republic of the United States to what constitutes the laboring and mechanical portion of the country. This association, termed the "Industrial Congress of New York," is chiefly composed of that class of men-not all of whom it is true-who are under the necessity of laboring for a livelihood. Some of them, I am aware, by their labors, have acquired a fortune. I believe them to be as good republicans as any who stand on this floor, and I should regret exceedingly that any disrespect should be shown to their memorial. I have moved its reference to the Committee on Foreign Relations; and I have done so with somewhat of the motive which has been expressed by the Senator from Georgia, [Mr. DawSON.] The subject of our conduct towards certain foreign governments is one which is now agitating the country to a considerable extent. We shall undoubtedly have this subject fully before Congress. We cannot keep it out. It is one of those matters that will come before us, and it is now a mere question of time as to when we shall meet it. I Sena-think, as the Senator from Georgia has expressed

Under these circumstances, the Industrial Congress esteem it not only proper, but necessary and right, that our Government should enter its sternest protest against the flagitious tyranny of the usurper Napoleon. In behalf of the Industrial Congress,

H. A. GUILD, Secretary. Mr. W. I move that this memorial be referred to the Committee on Foreign Relations.

Mr. MANGUM. If the motion which I am about to offer will take precedence of the motion Wisconsin, I will move that that memorial be laid which has just been made by the Senator from upon the table. It proposes to reverse the entire policy of the Government.

The PRESIDENT. The motion of the tor from North Carolina has precedence.

Mr. MASON. Will the Senator from North Carolina withdraw his motion for a few moments? I will renew the motion, if the Senator desires it. Mr. MANGUM. Certainly. I withdraw the motion.

Mr. MASON. I understood this to be a memorial to the Senate, but I did not distinctly hear what was its purport.

The PRESIDENT. It is a memorial from the Industrial Society of the city of New York.

Mr. MASON. From a society called the "Industrial Congress of the city of New York"-the memorial of a society of which we know nothing except through newspaper reports, asking this Government, because of an alleged change in the form of the French Government, to recall its Minister, under circumstances of discourtesy, without regard to the consequences which would certainly ensue on the adoption of such a measure.

Mr. President, this is from the same type of which we have recently had many impressions from the same quarter of the Confederacy. I had intended, when I first heard this memorial mentioned, to oppose any reference. I did not know what reference the honorable Senator who presented this memorial might ask for it, but I had intended, without wishing to treat that paper with any disrespect and I do not wish to treat any paper with disrespect that may be presented here to oppose its reference to the Committee on Foreign Relations, chiefly with the view of showing that the Senate are not disposed to entertain a proposition of that kind. I now renew the motion made by the gentleman from North Carolina, that the memorial be laid upon the table.

Mr. DAWSON. Will the Senator from Virginia withdraw that motion for a few moments?

Mr. MASON. I withdraw it if the Senator from Georgia wishes it.

Mr. DAWSON. This question is now fairly presented to the Senate; and if it be desirable on the part of any member in this body to make this issue before the American people, no time can be

himself, that the present is just as good a time to meet it as we shall ever see; and what committee is better qualified to report and throw light upon the subject than the Committee on Foreign Relations? I am grateful to that Senator for his concurrence in my motion to refer this matter to that committee. I hope it will go there, and that we may have a report which the country will study with that interest which such a report would be entitled to receive. This, I think, is the better way to treat this matter, and not as the Senator from Virginia would treat it, by rising immediately on the bare mention of the subject in the Senate with apparent indignation, both in his voice and manner, and moving to lay it upon the table. This is not the way to receive it. I said that I introduced this memorial because I had been especially requested to do so. That was my only motive, with the further motive of giving the memorial the reference I proposed, and that that committee to which this memorial and papers of a kindred character may be referred, may give us a report which may go before the country for its consideration.

Mr. MANGUM. It was certainly, sir, with no purpose of treating these memorialists with disrespect that I made the motion to lay the memorial on the table. But it asks us to act contrary to the whole spirit of the Constitution and our organization. The interposition of the voice of the Senate in matters of this sort would be a violation of the policy of this Government, which has existed from the earliest day until the present time. Sir, we shall meet these questions; we shall have them to meet. I, in my humble capacity, am willing to take the responsibility of meeting them at any moment. A joint resolution, of which notice has this morning been given by the Senator from Rhode Island, [Mr. CLARKE,] will bring up this question distinctly; and we shall see, upon the vote, who are willing to stand by the ancient usages and principles of the Government, and who, on the other hand, are willing to go for foreign intervention with the view of propagating liberty

Mr. UNDERWOOD. I desire to make a very few remarks.

Mr. BUTLER. I desire to say a very few words. I agree with very much of what my friend from North Carolina has intimated. If we are to change the whole mode of treating our foreign relarions; if, instead of having a communication of this kind come through the Executive organ to the Senate, it is to be introduced by any public bodyan irresponsible one, so far as it is known to the Constitution-I do not say irresponsible so far as regards their relations as citizens-if, I say, such communications are to be introduced into the Senate for the purpose of dictating to the Executive, who should take the initiative in all matters of foreign relations, it will, in my opinion, change the whole spirit of the Constitution.

"The scene on Wednesday last in the United States Senate, during the debate on the Kossuth resolution, was one of peculiar interest. The Russian Minister was the distinguishing feature of the occasion. He was observed to pay the deepest interest to the discussion. When Foote spoke, he looked on with that expression of contempt and disgust with which one of our codfish aristocracy would regard a Democratic harangue from Mike Walsh. When General Cass spoke, however, the countenance of M. Bodisco assumed a melancholy expression, as if touched with a presentiment of the power of the unterrified Democracy of this country in shaping out the action of our GovernBut there were two sides to the question; and when General Dawson, of Georgia, took the Russian side, the Siberian coldness of the distinguished envoy was thawed into a genial smile of approbation. The speech of Mr.

ment.

Underwood, however, told with the happiest effect. Several times he lifted his hat, as if about proposing three cheers for Underwood, but desisted, most likely, out of respect to the Senate.

"The fact is, the Russian Ambassador had achieved a great victory. He had heard Kossuth and his cause denounced in the American Senate, and he had occasion to plume himself upon the result. Why? Because, as we are apprised, he had been seen in close and suspicious confab with Messrs. Dawson and Underwood on the floor of the Senate the day before."

I think the more promptly we meet the subject There is not one word of truth in it, so far as I the better. What is this? A memorial from a am concerned. No such confabulation ever took rumerous, intelligent, and I suppose a very influ-place-no such interview ever occurred on the ential body in New York, praying that we should floor of the Senate, or elsewhere. It is lamentatake a step which does not lie within our province. ble that letter-writers and others will flood the In New York I have no doubt the politicians, who journals of the country with falsehoods derogaare so much wiser than the Constitution, or at tory to the character of Senators, and the characleast the usages of the Government under the ter of this body. These things go abroad. But Constitution, are willing to have subjects of this for the effect this might have of being published kind agitated to favor their wild doctrines, for wild in the other branch of the Legislature, I would I must call them-fourierism, socialism, &c.,- not have noticed it here, because it is useless to which tend to pull everything down to a level with enter into a war with an editor, who has an arsenal what they may conceive to be right. I do not of missives of that sort when you have none. say that this is not an accurate standard, but it is a standard to which I do not choose to conform. regard this Union as a Confederacy of organized Republics, and I believe that our conduct in referce to it should be regulated by the Constitution. When we violate or disregard precedent on this subject, we are prepared for a revolution ourselves; and while looking out for the interests of others abroad, I think we had better take care of ourBelves at home.

Mr. DAWSON. I would not have referred to this subject had not my friend from Kentucky alluded to it. I would now merely say that the statement made is not true. M. Bodisco may have been here, and I may have been in conversation with him, but not upon that subject; and as for the three being engaged in conversation together, I have no recollection of it. I have no recollection of having seen M. Bodisco here the day alluded to. As the Senator from Kentucky says, it is certainly a misrepresentation, or the writer may have been mistaken.

Mr. UNDERWOOD. I concur very much in the views of the Senator from North Carolina, Mr. MANGUM,] and of the Senator from South Mr. DAVIS. I do not think it a matter of great Carolina, [Mr. BUTLER.] But we shall have to importance as to what disposition is made of this raeet all these new questions, which are forcing petition; but I agree with the remarks which have themselves before us, in some way or other, sooner been thrown out by some gentlemen, that the time or later. I think that the sooner you meet them, has arrived when it is, perhaps, expedient that the better it will be for the country. The longer there should be some discussion upon this subject, you postpone the combating of error, the greater and perhaps action by the Senate upon it. And I root error takes; and through delay the most dan- hope when it does come up it will be deliberate in gerous evils are more likely to spring up and over- its character. I hope so, sir, because I think there shadow the country. The question here is, What is some misapprehension as to duties which we course ought we to take upon the present occa- owe to ourselves and to other Governments. sien? If these memorialists want Congress to in- There is, I apprehend, an idea prevalent to some terfere with the Executive department of the Gov- extent-I hope not largely so that free instituernment, would it not be proper to give them an tions, republican Governments, and public liberty, answer through the committee, that that ought not may he created and sustained, and Governments to be done, that the Constitution does not tolerate of that character built up and supported by the , and thus bring their attention to the very objec- bayonet. I hold this view of the subject to be tions which are made on the different sides of this utterly delusive and false. I hold that all the exChamber? As the memorialists are indorsed as perience of the world is at war with that idea, and respectable by the Senator who has presented the that it is quite impossible by force and violence to memorial, it does seem to me that the most satis- cherish and build up these principles of free govfactory answer to them-if you can reason with ernment which are the result of peaceful inquiry them at all, if they are not enthusiasts, with whom and an enlightened public intelligence. The pubyou cannot reason-would be to say, you are inter-lic mind must be imbued with a just conception of fering, and requesting Congress to interfere, with what political liberty is, and of the means by which matters which pertain exclusively to the Executive it is to be enjoyed and maintained before it can be department. successfully established among a people. PremaMr. President, there is a temper pervading the ture efforts have and will be unavailing-war may country at this time which, in my judgment, is overwhelm arbitrary power-an outbreak of inlamentable to the greatest degree. I feel called dignation under oppression may break down the pon-and it is a thing which I very seldom do- power of the oppressor. This is neither difficult to make a personal explanation, growing out of a nor uncommon, but how unfrequently such a state speech made in the other branch of this body, im- of things has proved a harbinger to public liberty! bodying what seems to have been published in We saw the revolutions in Europe in 1848. We one of the New York papers. It is not my habit saw the thrones of those ancient monarchies fall to to apply epithets upon any occasion to any body the ground under the public breath. Almost no or any set of men. Epithets do no good. If you force, no violence, no arms were necessary to were to take all the caustic words in all the lan- accomplish so great and so extraordinary an event guages, living and dead, and form them into a in human progress. But what do we see now? cataplasm and apply it to the gangrene souls of Why, if there had been in Europe the requisite some men, you could not excite a redeeming blis-wisdom-that just view of the subject which I hope ter. It is useless to apply epithets to any one. The matter to which I want to call the attention of the public and I do it because it has found its way into a very able speech of Mr. SMITH, of

and have every reason to believe prevails throughout our own land, then was the time, then was the opportunity which every lover of liberty might have embraced to work out the great change in

might have built up free institutions, and established them permanently. But, I regret to say, they failed, signally failed; and is it not to be ascribed to a deficiency of those moral elements which are indispensable to the maintenance of public liberty? There was an absence of that intellectual discipline which prepares the public mind to act with harmony in the attainment of great objects, nor did the people seem to be able to take that comprehensive view of this subject which is indispensable to build up and sustain free government in the place of the absolutisms which they had prostrated. It is lamentable that it is so. No one can deplore it more than I do.

But may we not learn a lesson from facts of this sort which may be of some importance to us? Suppose that instead of these thrones crumbling to the earth in the manner they did, they had been prostrated by war, overtured by the intervention of the sword and bayonet, would the people, then, have been any better prepared to build up and sustain free institutions? No, sir. Public liberty ripens like the fruit upon the tree, and it is in vain to attempt to hasten it except by moral and pacific means. And give me leave to say, that whenever force and violence interfere with a view to hasten a people into the enjoyment of liberty which is not fitted for it, however patriotic the feeling may be, and however strong the desire for the enjoyment of public liberty, it ordinarily ends in swinging from one form of absolutism into another, and thus removing the day of deliverance further away. Do we not see this in France now? How long is it since the constitution, which was deliberately adopted, was overthrown and prostrated in the dust in a single night? It is only a few days since we received the intelligence that that constitution is in the dust, the Executive Department of the Government having abolished the Legislature and returned to the imperial model. All I wish to say at this time is, that when we are treating of this subject, do not let us delude ourselves with the idea, that force and violence can, unaided by fitting moral and mental preparation, propagate free institutions. There must be a preparation in the public mind for such an event. The public must have the requisite intelligence-it must embrace and understand the subject itself, in order to enable it to execute a purpose of this sort, If they have not this comprehension, all measures of force are not only wasted, subserving no efficient purpose, but are positively injurious. I hope this subject will be discussed and examined with calm consideration, and that in the end the policy of the Government which has hitherto sustained us may be vindicated.

I do not stand here to say that no case can arise in which intervention may not be appropriate. I can understand that a case may arise when it may become a proper, if not the only remedy. I can imagine that combinations may exist to suppress free government-combinations to overwhelm us in detail; but I see at this time no distinct evidence of such a purpose. When that day comes, and come it may-when that great issue is made, which is so much talked of, between absolute and free governments, we know where we shall be. We understand what part we shall espouse. But that day will come fast enough of itself, without our undertaking to hasten it. There will be nothing gained by undertaking to hasten it by wars and violence. On the contrary, much mischief may be accomplished in that way, by arousing the very spirit we deprecate. I do not wish to go into any discussion now; but I thought this was the appropriate time to throw out the views which I have suggested. I am indifferent as to what disposition is made of this memorial.

Mr. MASON. I will detain the Senate but a few moments. I entertain the impression which I expressed when this proposition was first sprung upon the Senate, that this memorial ought not to have a reference. And the first and insuperable objection is, that it asks the Senate to do what it is not competent for it to do-it asks the Senate to recall a minister. I have read the petition, and it is coram non judice. If it should be referred, the committee could do no more than to say that it was not within their jurisdiction. But I have another and still stronger objection, if a stronger one could be made to its reference. Sir, the commu

The bill was read, and passed to the second reading, and the report ordered to be printed.

Mr. UNDERWOOD, from the Committee on Public Lands, to whom was referred the bill to soldiers of the Virginia State and Continental provide for the unpaid claims of the officers and lines of the revolutionary army, reported it without amendment.

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

Mr. JONES, of Iowa, from the Committee on Pensions, to whom was referred the bill for the relief of the widow of Major A. M. Dade, reported it back without amendment.

BILLS INTRODUCED.

Mr. DAWSON asked and obtained leave to bring in a bill to provide for payment to the State of Georgia for moneys expended by the State for horses and equipments lost by volunteers and militia whilst engaged in the suppression of the hos

dians, in the years 1836, 1837, and 1838; which was read a first and second time by its title, and referred to the Committee on Military Affairs.

nication that takes place between nations through their respective representatives is one of national courtesy alone. The President of the United States is the organ, and the only organ, of this Confederation in that respect. When he thinks it advisable or proper, in the discharge of his trust, to recommend that we should have a minister in one of the nations abroad, he does so upon his own responsibility as President; if Congress agree with him, they make an appropriation to maintain that minister. If it be important-and I need not say to the Senate that it is of the highest importance that the departments of this Government should proceed harmoniously, and not interfere with, much less encroach upon the rights of the others, it is most important that it should be so between the President and the Senate. If this Industrial Congress, or any other body of men, think a minister should be recalled, let them address the President. But if we give their memorial a reference, it will be to that extent, at least, (considering that we have entertained the proposi-tilities of the Creek, Seminole, and Cherokee Intion made,) to give consideration to that which, in my judgment, the Senate ought not to entertain, because it does not come within their proper sphere. I will not go into the matter discussed by the honorable Senator from Massachusetts, [Mr. DAVIS,] as to the character of the present French Government, or what it may or may not become this Government to do. If I should say anything, I should say that the experience of the world will show, for the last half century, that the French people at present are incapable of self-government. Ever since the present century began we have had that demonstrated to us; but as to that, I have now nothing to say. I am against intervention in every form, whether intervention to prevent intervention, or intervention direct. This is intervention in a modified form. But, for the reasons which I have presented, with great deference, to the Senate, I think the committee, if this memorial were referred, could make but one report—that is, that the subject is not a proper one to come before this body. When the time comes-and we are aware that a resolution has been submitted by the Senator who introduced that memorial-for the subject to go to that committee, they will, I have no doubt, avail themselves of the opportunity to make known their views upon the whole subject. I renew the motion to lay the memorial upon the table.

Mr. WALKER called for the yeas and nays; which were ordered; and being taken, resulted yeas 21, nays 14; as follows:

YEAS-Messrs. Atchison, Bell, Berrien, Butler, Clarke, Clemens, Cooper, Dawson, Downs, Geyer, Gwin, Jones of Tennessee, King, Mallory, Mangum, Mason, Morton, Rusk, Sebastian, Smith, and Underwood-21.

Mr. DOWNS asked and obtained leave to bring in a bill to grant the right of preemption to settlers on the public land known as the "Maison Rouge Grant;" which was read a first and second time by its title, and referred to the Committee on Private Land Claims.

JUDICIAL SYSTEM IN NEW MEXICO. Mr. DAWSON asked and, by unanimous consent, obtained leave to introduce a bill to amend the act entitled "An act proposing to the State of 'Texas the establishment of her northern and

6

western boundaries, the relinquishment by 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 territoral government for New Mexico," approved September 9th, 1850; which was read a first and second time by its title, and referred to the Committee on the Judiciary.

Mr. BUTLER subsequently rose and said: A bill was referred a moment ago to the Judiciary Committee which ought to have been referred to the Committee on Territories. That committee has heretofore had cognizance of all territorial business. I do not wish to take work off other people's hands. I move to reconsider the vote by which the bill introduced by the Senator from Georgia [Mr. DAWSON] was referred to the Committee on the Judiciary.

REGENTS OF SMITHSONIAN INSTITUTION. The SPEAKER. In pursuance of the act of Congress, I beg leave to announce the names of the following gentlemen as the Regents of the "Smithsonian Institution:" Messrs. CoLcock, of South Carolina, FITCH, of Indiana, and MEACHAM, of Vermont.

CORRECTION OF THE JOURNAL.

Mr. BRENTON. I rise to a privileged question. I wish simply to have the Journal corrected in two particulars. I find that I am recorded or the Journal as having voted in the negative on Wednesday last on the motion to lay on the table the appeal of the gentleman from Tennessee, [Mr. JONES,] whereas my vote should have been in the affirmative. I find myself again reported as having voted in the negative on the passage of the resolution stopping debate, when it should have been in the affirmative.

There being no objection, the corrections were ordered to be made in the Journal.

MR. PARKER, OF INDIANA.

Mr. STANTON, of Ohio, stated to the House that Mr. PARKER, of Indiana, was confined to his bed with sickness on Tuesday and Wednesday. last, which would account for his absence from the House.

The SPEAKER stated that the first business in order was the call of committees for reports.

Mr. CARTTER. I would inquire whether it is in order during the morning hour to move that the House resolve itself into Committee of the Whole?

The SPEAKER. It is in order.

LOUIS KOSSUTH.

Mr. CARTTER. Then I move that the rules be suspended, and that the House resolve itself into Committee of the Whole on the state of the Union.

Mr. BAYLY, of Virginia. Let us go into committee upon private bills.

The question was then taken upon the motion of Mr. CARTTER, and it was agreed to.

So the rules were suspended, and the House resolved itself into Committee of the Whole on the state of the Union, (Mr. JONES, of Tennessee, in the chair.)

The CHAIRMAN. Under the decision of the committee at its last sitting, overruling the decision of the Chair, and declaring that the resolution introduced by the gentleman from Ohio [Mr. CARTTER] was the unfinished business at the preceding sitting of the committee, the Chair will so consider it on the present occasion.

Mr. CARTTER. Is it necessary to make a

So the memorial was laid on the table.

Mr. DAWSON, when called upon to vote, said: As this seems to be a test question, in order that my views may be understood I must vote to lay the memorial on the table.

REPORTS FROM STANDING COMMITTEES.

Mr. BUTLER, from the Committee on the Judiciary, to whom was referred the bill to change the times for holding the district courts of the United States in the western district of Virginia, and for other purposes, reported it without amend

ment.

He also, from the same committee, to whom was referred the bill to authorize notaries public to take oaths, affirmations, and acknowledgments, in certain cases, reported it without amendment.

Mr. BRADBURY, from the Committee on the Judiciary, to whom was referred the bill giving further remedies to patentees, reported it without amendment.

Mr. SHIELDS, from the Committee on Military Affairs, to whom was referred a bill to create a Board of Commissioners for the examination and payment of claims against the United States growing out of the conquest of California, reported with an amendment.

Mr. DODGE, of Iowa, from the Committee on Public Lands, to whom was referred the bill for the relief of Richard Charey and others, reported it without amendment.

Mr. RUSK, from the Committee on the Post Office and Post Roads, to whom was referred the memorial of Rufus Dwine!, submitted a report, accompanied by a bill for his relief.

judicial question; but it was taken from the Judiciary Committee by a vote of the Senate. All the bills in reference to California and the Territories at the last Congress were taken from the Judiciary Committee and referred to the Committee on Territories. As the Territorial Committee has had the whole subject under consideration, and as the Senate took the subject from the Judiciary Committee, I do not wish it to be referred to the Judiciary Committee.

Mr. DAWSON. The Judiciary Committee is the proper committee to which should be referred all matters relating to the judicial system of the country.

Mr. BUTLER. I trust that my friend from Georgia will acquiesce in my motion, and let the subject be referred to the Committee on Territories. If he knew as much of the history of the matter as I do, he would not resist my motion. If this subject had not before been taken from the Judiciary Committee, I should not now object to its reference to that committee.

The question being taken on the motion to reconsider, it was found there was no quorum pres

The CHAIRMAN stated the question as follows: The gentleman from Ohio [Mr. CARTTER] had offered the following resolution, viz: Resolved, That a committee of five be appointed by the Speaker to wait upon Louis Kossuth and introduce him to the House of Representatives.

Mr. VENABLE had moved the following, as a substitute therefor, viz:

That the Speaker be authorized to invite Louis Kossuth to a privileged seat within the House.

The gentleman from Tennessee [Mr. CHURCHWELL] had moved to amend the original resolutionby adding thereto the following, viz:

Provided, That by the adoption of the above resolution a compliment is only intended to the distinguished Hunga

rian.

The gentleman from Illinois [Mr. YATES] had moved to amend the amendment by adding thereto the following:

And that said committee be instructed to inform Louis Kossuth that the Government of the United States will not look with indifference on the intervention of Russia, or any other foreign Power, against Hungary, in any struggle for liberty she may hereafter have against the despotic power of Austria.