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Mr. President, it is necessary that, on every occasion of this kind, we should understand what is the subject that is presented for the considera-glowing terms of eloquence, which I have not the tion of the Senate. We should look at it as it is, not as it is presented to us by oratorical exaggerations. The honorable Senator from New Jersey speaks of administering the lash to these gallant and noble sailors until the flesh is torn from their backs, while the blood is running down to their heels; and he assumes, or supposes, that the petition now on your table is an application to the Senate of the United States to be instrumental in restoring-I should say, sir, in introducing-such horrible barbarity into the service. Now, what is the petition? It is simply a petition that the Congress of the United States will restore a discipline to the Navy which had existed in it from its institution, and was discontinued only during the last session of Congress. It is an application to restore a discipline to the Navy which went into operation under the sanction of the immortal Washington, and was continued under all succeeding administrations of the Government; and surely I need not say, sir, that asking us to restore such a discipline, is not asking us either to restore or introduce into the Navy a system of horrible, barbarous, and detestable exaggeration of punishment, such as cannot be stated without making the heart turn sick with horror and detestation.

The honorable Senator from New Jersey was pleased to say, that if he could make the proposition with propriety to the Senate, he would be glad to see that petition, praying for the restoration of a law more than half a century old, which was sanctioned by Washington and by all his illustrious successors, praying for nothing more, laid under the table and trampled under foot. I hope, Mr. President, that he would not also send with it under the table, and under the same trampling of feet, those of us here who think the petition right and reasonable and just; for it seems to follow, if those who ask this thing of the Senate are to be treated with indignity by this body, that either precisely the same or some similar treatment is justly due to those who advocate the petition they present. But little is gained in discussions in this Chamber or elsewhere, as I imagine, by observations which do not meet the merits of the question under consideration. To that I desire to invite your attention for a few minutes, without undertaking to follow the Senator through the whole of his remarks, or to notice in detail the statements which he has made on this subject.

as but the beginnings of naval renown hereafter to the honorable Senator himself included; they were
be emulated and exceeded, he speaks of them in fit to command ships; therefore the lash was
needful.
power of language or the graces of delivery to The honorable Senator commenced his remar!
equal. He brings them forward as glorious ex-by saying, that that government is the best which
amples which we are to follow. If they are ex- rules by love, and not by fear. I am a good de
amples which we are to follow; if the ends then in the habit of distrusting these abstractions. I lo
attained are what we are to propose as the ultima- not know that we are exactly able to form an idea
tum of our hopes, is it not a contradiction for the of what is the best government in the abstract.
honorable Senator to say that the very discipline If we confine ourselves to the affairs of this globe
which trained men for their accomplishment, on which we live, and on which our ancesto rs
makes men cowards? So much with regard to have lived before us, we will find that there never
the mischievous tendency of this punishment. has been any such government in it, either human
or divine, for one single instant of time. When
that primeval pair, from whom we have all sprung,
were placed in perfect and happy innocence n
Paradise, with their affections all attuned in a har-
monious disposition to love, to reverence, and to
serve their great Creator, were they left without
the influence of this principle of fear? Not at all.
"In the day that ye eat thereof, ye shall surely
die." However agreeable and pleasing it may be
to us to imagine a state of society in which all
men shall do exactly everything that is right, and
nothing that is wrong, merely because of a spon-
taneous disposition to do it, it is very certain that
no such government ever has existed, or ever can
exist, until there is a total renovation of man's
character. All governments, that is, all wise and
just governments, act by the double influence of
hope and fear, by the application at one time of
reward, at another of punishment. Is not that the
rule in the domestic circle? We encourage and
lead our children; but if they will not be encouraged
and led we punish them. We endeavor to induce
them to do right from love to us; but if they will
not do it from love, they must do it from fear. It
is the object to be accomplished that is to be looked
at. If we are faithful to ourselves, we do not leave
them without the necessary coercive means. The
end to be accomplished, is obedience and submis-
sion-the doing right. If you can bring it about
by encouragement, and persuasion, and love, so
much the better. If you cannot, you must resort
to fear, because the end is too valuable to be sacri-
ficed.

The next objection of the honorable Senator was, that this punishment is inexpedient and unnecessary. Let us see how that is. As I should have said, it is a punishment that obtains in every naval service on the globe. It obtained in ours from the establishment of our naval marine until the last Congress. It is said by the honorable Senator, that nothing is urged, in the form of an argument, in support of the necessity and propriety of that punishment. He says the common course is to say that the punishment is necessary, that it cannot be dispensed with, and there leave the subject. What more does the honorable Senator say in reply, but simply to make a strong and confident assertion; and what is that? That it is unnecessary. He says that no officer, who is fit to command a ship, needs the lash. Is that an argument? or is it not rather one assertion opposed to another? Certainly the opinion of the Senator is entitled to as much weight and consideration as that of any man in this country. But it is no more an argument, than the opinion of any other man. And then, as I have said, the honorable Senator has refuted his own proposition by his own statements. What does he say? "He that is fit to command a ship does not need the lash." The honorable Senator has certainly told us, in the eulogy he passed on the celebrated victory of Hull in the Constitution, that Hull was fit to command a ship. I suppose that Decatur, I suppose that Perry, the conqueror of the lakes, that Morris, that Warrington, were all fit to command ships. Yet they all needed, they all used, the lash. They formed their men with the lash; and in using that term, I do not mean to say that they were engaged in excessive flagellation. No one asks or contends for that; but that they used it as a means of discipline, as a means of coercing their authority and forming the sailor to habits of obedience. Then, if the honorable Senator has conceded the fact that these men actually needed the lash; if, as he has shown, they were fit to command ships, I ask if he has not repudiated all his objections?

His objections to the punishment which it is proposed to restore to the discipline of the Navy divide themselves into two heads. So far as I see, my task will be a very easy one, for the honorable Senator himself has distinctly refuted both of them in the course of his remarks. The first is, that this punishment is positively mischievous; that to subject the sailor to the lash is to teach him to be a coward; that if you expect him to maintain the glory of the country, to maintain possession of the public ships, to resist the enemy who assails him; if you do not wish to build ships, not for yourselves, but for your enemies, you must abolish the lash; for by accustoming the sailor to that punishment, you deprive him of the princi-judge, of that necessity. He has no assessors in ples of honor, and make him a coward. Yet in the very same breath the honorable Senator reminds us of those gallant and noble achievements which distinguished the progress of the late war with England-of those victories upon the ocean and lakes which have made the names of the naval commanders immortal, and shed lustre upon this country; and of which I would only say, that I should be entirely satisfied, if the successes of our naval commanders under this, or any modification of the law, would equal them. How were those sailors bred? Under what discipline were they trained? Was it not with this very discipline of the lash, which the honorable Senator says must be abolished in order to make them brave? Every victory which they have gained, every monument of naval renown which, at the day, was received with shouts of joy and gratulation from one portion of the Union to the other, and the memory of which is cherished by us all, was gained by sailors, noble, daring, courageous sailors, but sailors who were formed under the discipline of the lash. Now, it seems to me that nothing can be plainer, as I have said, than that this objection of the honorable Senator is refuted by himself; for, so far from speaking of these achievements and exploits

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Mr. President, I believe greatly in the tribute which the honorable Senator has paid to the character of the American sailor; but permit me to say that the honorable Senator does not exactly, as I think, meet the question presented by this petition. He says the American sailor is a noble specimen of a man. As a general remark, what he says is true. He says that such a man as that ought not to be degraded. I admit it; but is it proposed to degrade him? Is this a petition that Congress shall pass a law compelling the officers who have charge of the public ships of the country to whip all the men, those who 'behave well and those who behave ill? It does not propose that commanders shall do as our old friend Caleb Quotem, the schoolmaster in the farce, did. He had to leave his school to go to the review. He first went to the school-house, and not being able to remain long, he thought it best to whip the boys all round before he started, because, he said, he knew they would deserve it during the day. There is no proposal of that kind. These petitioners simply wish to restore that discipline in virtue of which a man who offends-a man who, by his conduct, soils this fair and excellent character which belongs to the American sailor-shall be made to suffer, and to suffer by punishment sufficient to restrain him, if possible, and if not, at least to warn others, whose virtue and whose principles may not be very strong, from falling into a like error.

But again: the honorable Senator has repudiated them further, for he tells us, in anticipation of what he supposes may be a reply, by an argumentum ad hominem, that when he was in the command of ships, he used the lash. And why? He says he acted in obedience to the law. What law? There never was a law in the United States that required the commander of a ship to use the lash. The law authorized him to use it when it was needful. It made him the judge, and the sole his tribunal. He has no jury to determine when the lash shall be used. He is the one supreme judge on his own ship. The law says to him, in fact, "When you shall deem it necessary for controlling and directing your vessel and governing your men, for restraining misconduct, for giving a proper degree of order to the ship and efficiency to the service, you are at liberty to use the lash." Now, the honorable Senator says that when he was in command of a ship he used it. There is The honorable Senator says that it is very clear, no man who knows him, and who knows the upon looking at the report which has been made kindliness of his heart, who would suppose that here of the number of whippings inflicted for he ever used it except in a case of necessity in his drunkenness and other offences, that this punishjudgment. Then he himself, being in the posses- ment is useless and does no good, and is theresion of a power at liberty to use it at his own dis- fore unnecessary. Is that a proper conclusion? cretion when it was needful, and to forbear using Is it one justly drawn? Can it stand the test of it when it was not needful, actually used it. examination? Suppose that a man should come suppose none of us here doubt for a single moforward and call upon society to abolish all pun ment that he is fit to command a ship; he is emi-ishments, and trust to the genial influence of nently fit for it, at least he was while he was in the service. Thus I think I have a distinct refutation of the honorable Senator's own proposition. It is precisely logical. He that is fit to command a ship needs not the lash. It is refuted very simply. All the leading commanders in our service did need the lash as an instrument of authority,

moral suasion to prevent those who have a dis position to put their fingers into their neighbors' pockets and take their neighbors' pocket-books, or those who desire to steal horses, getting over their neighbors' hedges, or those who are bloodthirsty from cutting their neighbors' throats, it seems to me that he might offer precisely the

same argument for abolishing all punishments. He would take up the criminal calendars which show how many men were punished for stealing, how many were punished for murder, and say: "These punishments are of no avail-they have done no good, and therefore no punishment should be inflicted." No man supposes for one moment that any institutions of society would ever prevent the occurrence of crime. But before we come to the conclusion of the Senator, we must ascertain what would have been the condition of things in the Navy, and the condition of things in society in the case I have taken, if all legal restraint were removed. Now the spirit of evil would rise refreshed, like a giant refreshed with wine. It would go forth for destruction and ruin upon all the best interests of society and social order. The Senator's argument proves this-if it proves anything that the system of punishment, severe as it was, was not more than adequate to preserve a tolerably sound and healthy condition in the naval branch of the service, and, in my opinion, it proves nothing more.

Sir, I shall be extremely glad to see a state of things in which our officers would conduct our ships over the wide surface of the ocean, and that the service should be carried on always, and in all circumstances, by free andwilling minds; and that under the stars and stripes there should never be a necessity for resorting to any punishment. We would all rejoice at it. I should be extremely glad to believe that the particular punishment alluded to can be dispensed with; but it does not help forward the consideration whether it ought to be dispensed with or not, to say that it is treating the sailor like a slave. That, I admit, conveys to the mind something shocking and terrible. Why, the honorable Senator would not at all object to confaing the sailor who had been guilty of misbehavior in irons or in double irons. I think it would be extremely difficult to show how a man could exhibit more the appearance of slavery than with his hands and legs manacled with double irons, and he himself locked up in prison on board ship. It would not be thought right, if I objected to that punishment, to say, that putting a man in irons was treating him like a slave. In one sense of the word, whenever we seize an offender and restrain him in the exercise of his liberty, we are treating him like a slave, but we are treating him like a slave, because he has shown himself to need such treatment. We take from him that liberty which he has abused-he shows that he is not worthy to exercise the freedom of heaven, and we are obliged to take away some of his privileges.

Doubtless there have been men who have been so happily constituted in the command of an armed force as to be able to lead about their troops, as it were, by a charm. There may have been men under whose command punishment was unnecessary. The poet has told us of the gallant General Wolfe, that "his example had a magnet's force, and all were swift to follow whom all loved." Still, if the general who commands the army be not that attracting magnet which induces his men to follow him from love, the interest, not of the officers but of the country, requires that the men should be made to follow him from fear. Why, the poets tell us that the herds voluntarily followed Orpheus when he moved through the fields; but the ordinary herdsmen of that day were under the necessity of carrying goads to drive before them their reluctant steers. We cannot argue from these particular instanees; we must adapt our law to the general condition and character of mankind; and I think it would be as unwise to speculate upon the capacity of officers of the Navy superseding stringent and effectual punishment by attracting the love of their sailors towards them, as it would be if any unfortunate herdsman in ancient times had said he would take a flute or a fiddle, throw away his thong, go out into the fields, and endeavor by piping to induce his cows and kine to follow him home to their pasture.

ment of flogging in the Navy; although, as you
well knew, Mr. President, a vast number of peti-
tions and applications upon this subject had been
received by the Senate, and had been referred to
the Committee on Naval Affairs, and as I knew
that committee had been diligently engaged in
collecting information from every quarter whence
it could be obtained, and were exceedingly desir-
ous to present to the Senate some measure of im-
provement which, while it preserved the power of
the officer in circumstances where it was necessary
to use the lash, should, at the same time, prevent
its hasty and ill-tempered or excessive application;
and while we had the materials ready to make a
report on the subject after having paid such atten-
tion and vigilance to the subject as we had hoped
might make it worthy the consideration of the
Senate, this was put into the civil and diplomatic
appropriation bill without any inquiry except a
moment's discussion in the Chamber and was
passed-although this measure was thus put, 1,
for one, am not for touching it now.

genius, and his classical erudition. As far as it was agreeable to him, I am glad that he had the opportunity to do so. But, sir, there is nothing, in my judgment, which the Senator said worthy of a reply from me, except one remark. In referring to my remark, that when the sailor was flogged he was scourged like a slave, the honorable Senator intimated that I was claiming more for the sailor than he was justly entitled to. Sir, all that I ask for the American sailor is, that he shall be treated like an American citizen. I have asked for nothing more. Now, I would inquire of the Senator if American citizens are generally scourged? Mr. BADGER. Certainly they are.

Mr. STOCKTON. They may be in North Carolina. I believe it is said that that State is a little behind the age.

Mr. BADGER. And in Virginia and Delaware. Most respectable company for North Carolina.

that the American sailor should be treated like any other American freeman, and not punished like a slave. The slave is, perhaps, as universally punished by the lash, when he deserves it, as the American freeman is exempt from such a punishment. Therefore it was that I said that an American freeman as he was, the American sailor ought not to be scourged like a slave. Now, I would ask the honorable Senator whether he would have the punishment of the lash inflicted upon the freemen of the United States generally? If the honorable Senator is prepared to say that he is willing to have this punishment inflicted on all the citizens of the United States, there may be some consistency in his position.

Mr. BADGER. Does the gentleman wish me to answer that question?

Mr. STOCKTON. I shall say nothing about Delaware, and I have no knowledge of flogging I want our policy on the subject to become set- being allowed in Virginia. But I say, that the tled. We have become dissatisfied with our past American citizen in the other States of the Union experience. The glories of the Navy, the admira-is elevated high above the scourge. All I ask is, ble state in which it has always maintained itself and performed its duties towards the country under the ancient discipline, have not been sufficient to induce Congress to trust it as it was. They have abolished flogging in the Navy. Now, I want no frequent changes in the discipline of the Navy. I want the problem worked out by actual experiment whether this species of punishment is necessary to the Navy or not. We can only ascertain this by waiting and seeing what is the operation of the present system. If it shall prove to be entirely inadequate-if the punishment shall be seen by the country to be absolutely necessary-if it shall be restored with proper safeguards against its abuse if those safeguards did not exist beforethen it will be restored by a community satisfied that the punishment is necessary, and then we may hope to have some rest, and escape from further Mr. STOCKTON. Certainly, if you see fit. agitation on the subject. That is my view; and, Mr. BADGER. Then I would say that I am therefore, for my own part, I have no disposition totally opposed to any law for whipping all of to see the subject contained in that memorial fur- the citizens of the United States, for we should be ther prosecuted at this session of the Senate. brought into the difficulty of being citizens of the If the honorable Senator from New Jersey prefers United States. With regard to the subject of punit, I, for one, am perfectly willing that the petition ishing offences, I am very well satisfied that the shall lie on the table without being called up again. system of punishment prescribed by the laws of I want no hasty changes backwards and forwards the United States, prevails over the citizens of the on this subject. I assure that Senator, and every United States; and I am very well satisfied that other Senator, that, if the naval service can be the system prescribed by law, prevails over those carried on with efficiency, and its character main-citizens of the United States who are sailors. I tained, without that punishment, I will be as reluctant to see it restored as any member of this body. I was opposed to abolishing it because I believed it necessary to retain it. If it shall be found that it is not necessary, I shall be as strongly opposed as the Senator from New Jersey to restoring it. I am indifferent whether the petition goes to the Committee on Naval Affairs, or remains on the table without further action by the Senate.

Mr. STOCKTON. Mr. President, I have
been accustomed heretofore to look to the Senator
from North Carolina [Mr. BADGER] for direction
and counsel in important matters. I have always
had great pleasure in considering him not only
my friend, but worthy of the most entire confi-
dence and respect; but however much I may
regard him individually-however much I may
esteem his great learning and acquirements, I
must say to the Senate, even at the risk of being
thought quite presumptuous, that I do not think
that the Senater from North Carolina has treated
my remarks with his usual candor and fairness. He
has stated my arguments in his own way, and then
unceremoniously declares, that I have myself
refuted them. His speech seems to have been
characterized by a degree of sentimental levity
not altogether in good taste. It appears to me
that under the circumstances, I had a right to
expect something more kind and considerate from
the honorable Senator. Certainly the attempt to
turn my argument into ridicule was the last thing
I should have expected from him.

Mr. BADGER. I beg pardon of the Senator.
I intended no such thing.

Mr. STOCKTON. I thought the gentleman
intended to do so.

Upon the subject of this petition I will say this-
although I was myself entirely opposed to the
change in the law made by the last Congress-
made, as we all know, in a manner irregular and
not according to what are or should be the usages
of sound legislation, by thrusting in an amendment The gentleman at any rate took advantage of
upon a general appropriation bill-the civil and the opportunity to display to the Senate, at the
diplomatic bill-a proviso to abolish the punish-expense of my argument, the versatility of his

would ask the Senator, if he intends that the sailors shall have all the privileges of citizens of the United States? Does he intend that bills shall be found against them by grand-juries, and they be brought to trial before judge and jury?

Mr. STOCKTON. I should be very glad if sailors could have the benefit of a trial by jury. The Senator says wisely, that he does not want all the citizens of the United States scourged. He does not wish to be scourged himself, nor does he wish that the Executive Department of this Government, nor the members of the two Houses of Congress, should be scourged. Now, sir, let him tell us why a Senator should not be flogged as well as a sailor. Or why any other public servant, as well as the sailor, should not be scourged. Especially let him tell us, why the defrauders of the Governmentthose men who rob the public Treasury-should not be scourged as well as the sailor.

The honorable Senator knew, when he began this argument, that he had no good cause, but, lawyer-like, he has worked all round the circle, and at last got back to the very same place from which he started. He now says, that he is not willing to restore the lash at present; therefore, Mr. President, I move that it is inexpedient to grant the prayer of the petitioners.

Mr. MALLORY. Mr. President, as one of the Committee on Naval Affairs, it is my misfortune to differ with the honorable Senator from New Jersey. The views which he has advanced so eloquently, came upon me very unexpectedly. I have been familiar with the Navy for some twenty-odd years, and in interest in the Navy, I can yield to no Senator on this flour. I have some views, which I could wish to express on this matter, but as it is now the usual hour of adjournment, if the Senate will indulge me, I would express those views to-morrow morning. I therefore now move that the Senate adjourn,

Mr. GWIN. I hope the Senator will withdraw that motion, inasmuch as I wish to submit a few remarks on the subject at this time.

Mr. MALLORY. I withdraw the motion. Mr. GWIN. I was absent when the Senator from New Jersey concluded his speech. I wish to make some few remarks upon this subject, but I am not now prepared to go into the discussion of this question, for a document which I called for and hoped would be on our tables some days ago, has only been placed before us this morning, and I have had no opportunity to examine it.

Several SENATORS entreated the honorable gentleman to yield the floor, as it was the usual hour of adjournment.

Mr. GWIN. I will yield the floor, then, to the Senator from Florida.

Mr. MALLORY. Mr. President, I again move that the Senate do now adjourn.

Mr. DOWNS. Will the Senator from Florida withdraw the motion for a moment?

Mr. MALLORY. I withdraw the motion. Mr. DOWNS. I have been prepared for two or three days to make a speech on the compromise resolutions. I expected that I should have had an opportunity to make that speech before this, and therefore I would ask the honorable Senator to move to postpone this subject until the day after to-morrow, so that I can have the floor for to

morrow.

Mr. MALLORY. Imove, then, to postpone the further consideration of this memorial until the day after to-morrow.

The PRESIDENT. That will be Friday, the day which has been set apart for the consideration of private bills.

Mr. PRATT. I would remark to the Senator from Florida, that the only difficulty is, that Friday has been already appropriated to a specific purpose the consideration of private bills; there fore if Monday would be agreeable to the Senator, I would move to postpone the further consideration of the memorial until that day.

Mr. MALLORY. Friday or Monday-it is indifferent to me.

The motion to postpone until Monday was then agreed to.

ANNIVERSARY OF THE BATTLE OF NEW ORLEANS.

Mr. BADGER. I would like to seize a single

moment to call the attention of the Senate to a subject which I am afraid may escape their observation. To-morrow is the 8th of January, the anniversary of the victory of New Orleans. The other House, I believe, in accordance with usage has adjourned over until the day after to-morrow. We should not be behind them in respect for the

day. As some of my Democratic friends do not like to take the responsibility of making this motion, I move that when the Senate adjourns it adjourn to meet on Friday.

The motion was agreed to.

BILLS FROM THE HOUSE.

The bill from the House of Representatives to admit a certain vessel to registry, was read a first and second time by its title, and referred to the Committee on Commerce.

The House bill in relation to a certain lot of ground in the town of Gnadenhutten, in the State of Ohio, was read a first and second time by its title, and referred to the Committee on Public Lands.

WILLIAM DARBY'S RELIEF Bill. The engrossed bill for the relief of William Darby was read the third time and passed. The Senate then adjourned.

HOUSE OF REPRESENTATIVES. WEDNESDAY, January 7, 1852. The House met at twelve o'clock, m. The Journal of yesterday was read and approved. A message was received from the Senate, by ASBURY DICKINS, their Secretary, informing the House that the Senate had passed the bill of the House, entitled "An act making an appropriation to meet the expenses which were incurred in consequence of the late fire at the Capitol."

Mr. BRIGGS moved that when the House adjourns, it adjourn to meet on Friday next.

The question was taken, and it was agreed to.

Mr. HOUSTON. My object in rising now is to make a suggestion to the House, that the few minutes left before the special order of the day is executed be appropriated, by universal consent, to the reception of bills from all gentlemen who have bills to offer, for the purpose of referring them to committees. I have no bills myself to offer at all, but I know that there are several gentlemen here who have. I move, then, that universal consent be given.

[Cries of" Agreed!" "Agreed!"]

Mr. CLARK, on leave, introduced a bill for the relief of Edward Brown; which was read the first and second time by its title, and referred to the Committee on Revolutionary Claims.

Mr. BAYLY. I am directed by the Committee on Foreign Affairs to report back a bill

Mr. RICHARDSON. I object. The Committee on Foreign Affairs can report at any time. Mr. BAYLY. I report it, then, upon my individual responsibility."

Mr. BAYLY then, on leave, introduced "A bill for the relief of American citizens lately imprisoned and pardoned by the Queen of Spain;" which was read a first and second time by its title, and referred to the Committee of the Whole on the state of the Union, and ordered to be printed. Mr. BELL, on leave, introduced a bill to amend an act entitled "An act granting bounty lands to certain officers and soldiers who have been engaged in the military service of the United States," approved September 28, 1850; which was read a first and second time by its title.

Mr. B. I ask that the Clerk shall read a short communication from the Secretary of the Interior. [Cries of "I object!" "I object!"]

Mr. RICHARDSON. I move the reference of the bill to the Committee on Military Affairs. Mr. BELL. I do not wish to take up the time of the House. It is a general act, and I make this motion for the purpose of having the communication printed. I move that the bill be referred to the Committee on Public Lands. It was so ordered.

Mr. LOCKHART, on leave, introduced a bill "granting the right of way and making a donation of land to the States of Indiana and Illinois, in aid of the construction of a railroad from New Albany, in the State of Indiana, via Mount Carmel, on the Wabash river, to Alton, in the State of Illinois;" which was read the first and second time by its title, and referred to the Committee on Public

Lands.

Mr. JOHNSON, of Arkansas, on leave, in

Mr. HENN, on leave, introduced a bill create three additional land offices in the State Iowa; which was read a first and second time b its title, and referred to the Committee on Publ Lands.

Mr. H. also introduced a bill to continue ha If pay to certain widows and orphans; which was read a first and second time by its title, and re. ferred to the Committee on Invalid Pensions.

Mr. McMULLIN, on leave, introduced a bill making grants, on certain conditions, to the Virginia and Tennessee Railroad Company, to aid in the construction of their railroad; which was read a first and second time by its title, and referred to the Committee on Public Lands.

Mr. McMULLIN. I rise to a privileged question, and I desire the attention of every gentleman present

Mr. POLK. I rise to a point of order. [Great laughter and confusion in the Hall.] By universal consent, as I understood it, I was to be allowed to make the motion that the ladies be allowed to occupy seats within the bar. [Laughter.] The gentleman from Virginia, [Mr. McMULLIN,] I believe, is about to make that motion. He is going to take the wind out of my sails. [Roars of laughter, and great confusion.] I find, Mr. Speaker, to treat this question seriously

Mr. BISSELL. I call the gentleman to order. Mr. POLK. Will the gentleman reduce his. point of order to writing? [Laughter.]

Mr. BISSELL. My point of order is, that there is no question before the House.

The SPEAKER. By unanimous consent the gentleman from Virginia, [Mr. McMULLIN,] can submit his motion; but not otherwise.

Mr. McMULLIN. I ask most respectfully that the House of Representatives shall be as courteous and respectful to the ladies of our country as was the Senate of the United States; and that, by the unanimous consent of the House, the ladies be permitted to appear within the bar of the House and witness the ceremonies of the day.

There being no objection, it was so ordered. The doors were then thrown open, and the vacant space outside the bar was soon filled with ladies. Many were also introduced within the bar, the members vacating their seats for that purpose.

Mr. COBB, on leave, introduced the following bills; which were severally read a first and second time by their titles, and referred to the Committee on Public Lands:

A bill granting the right of way and alternate sections of the public lands to the State of Ala

from Selma to the Tennessee river, in said State;

troduced a bill "granting to the States of Arkan-bama, for the purpose of constructing a railroad sas and Missouri the right of way and a portion of the public lands, to aid in the construction of a railroad from St. Louis, Missouri, via Little Rock, to a certain point on Red river, near the town of Fullerton, in Arkansas, and for branches thereto;" which was read a first and second time by its title,

and referred to the Committee on Public Lands.

Mr. SIBLEY, on leave, introduced a bill providing for the survey of the Mississippi river above the Falls of St. Anthony; which was read a first and second time by its title.

Mr. S. moved that it be referred to the Committee on Territories.

Mr. DUNHAM said that all other bills of this kind had gone to the Committee on Roads and Canals. He moved its reference to that committee.

The question was first taken upon Mr. SIBLEY'S motion, and it was not agreed to.

The question was then taken upon Mr. DUNHAM's motion, and it was agreed to.

So the bill was referred to the Committee on Roads and Canals.

Mr. THOMPSON, of Virginia, on leave, introduced a bill to provide for the survey of artificial sites for reservoirs, to be constructed in the main affluance of the Ohio river, in accordance with the plan submitted to Congress by Charles Ellet, jr., and for other purposes; which was read a first and second time by its title, and referred to the Committee on Roads and Canals.

Mr. POLK. I rise to a privileged question. The hour is approaching when the order of the House is to be executed, and I have a motion which I desire to submit. I will, however, give way to enable gentlemen to get in their bills, with the understanding that I shall have the opportu nity to submit my privileged motion.

A bill granting the right of way and making a grant of public lands to the States of Mississippi and Alabama, to aid in the construction of the Memphis and Tennessee railroad; and

A bill to graduate and improve the price of the public lands belonging to the United States, and for other purposes.

Mr. PHELPS, on leave, introduced a bill to amend an act entitled "An act to provide for the payment of horses and other property lost or destroyed in the military service of the United States," approved March 3, 1849; which was read a first and second time by its title, and referred to the Committee on Military Affairs.

Mr. FOWLER, on leave, introduced a bill for regulating the mileage of members of the Senate and House of Representatives; which was read a first and second time by its title.

Mr. F. moved that the bill be referred to the Committee on Mileage.

Mr. RICHARDSON. I object to that motion. When this matter is referred, I want another matter to go with it, and that is the payment of members after the time for which they have been elected has expired.

Mr. FOWLER. I will withdraw my motion for the present.

The motion was withdrawn.

Mr. BISSELL, on leave, introduced a bill making a grant of public land to the several States of the Union, for the benefit of indigent insane persons; which was read a first and second time by its title.

Mr. B. moved that the bill be referred to a select committee of five.

Mr. HALL moved to refer it to the Committee on Public Lands.

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The SPEAKER. The question must first benah, in the State of Georgia, and for the improve

taken upon the motion of the gentleman from Missouri.

Mr. BISSELL. I hope that motion will not be persisted in.

The SPEAKER. If debate arise, the Chair will have to rule that the bill must lie over.

Mr. BISSELL. I do not propose to debate it. The question was then taken on Mr. HALL'S motion; and it was agreed to.

So the bill was referred to the Committee on Public Lands.

Mr. HALL moved to reconsider the vote on referring the bill, and to lay the motion to reconsider upon the table; which latter motion was agreed to.

Mr. DOTY, on leave, introduced a bill to establish an Agricultural Bureau in the Department of the Interior; which was read a first and second time by its title, and referred to the Committee on Agriculture.

Mr. GREY, on leave, introduced a bill making a grant of public lands to the Commonwealth of Kentucky, to aid in the construction of railroads in that State; which was read a first and second time by its title, and referred to the Committee on Public Lands.

Mr. MACE, on leave, introduced a bill granting lands to actual settlers; which was read a first and second time by its title, and referred to the Committee on Public Lands.

Mr. CAMPBELL, of Illinois, on leave, introduced a bill for the improvement of the Rock Island and Des Moines Rapids in the Mississippi fiver; which was read a first and second time by its title, and referred to the Committee on Roads and Canals.

Mr. MOORE, of Louisiana, on leave, introduced a bill granting the right of way and making a grant of lands to the States of Louisiana, Mississippi, and Arkansas, to aid in the construction of certain railroads; which was read a first and second time by its title, and referred to the Committee on Public Lands.

Mr. CONGER, on leave, introduced a bill to provide for the construction of a ship canal around the Falls of the St. Marie river, at the foot of Lake Superior; which was read a first and second time by its title, and referred to the Committee on Roads and Canals.

Mr. BROWN, of Mississippi, on leave, introduced a bill granting the right of way and making a donation of public lands in aid of the construction of a railroad from the city of New Orleans, in the State of Louisiana, to Jackson, in the State of Mississippi; which was read a first and second time by its title, and referred to the Committee on Public Lands.

Mr. JOHNSON, of Tennessee, on leave, introduced a bill to encourage agriculture, and for other purposes; which was read a first and second time by its title.

Mr. J. then moved to postpone the further consideration of the bill until the first Monday in February, and that it be made the special order for that day.

Mr. ORR objected.

The bill was therefore laid on the Speaker's table.

Mr. HASCALL, on leave, introduced a bill authorizing the names of certain revolutionary officers and soldiers to be placed on the pension list; which was read a first and second time by its title, and referred to the Committee on Revolutionary Pensions.

Mr. DEAN, by unanimous consent, introduced the following resolution; which was considered and agreed to:

Resolved, That the Committee on the Post Office and Post Roads be instructed to inquire into the expediency of establishing a post route from Fishkill village, in Duchess county, through Brinkerhoof, Johnsville, Oregonville, Gay, Head, and Cortlandville, to Stormville, in said county.

Mr. JACKSON, on leave, introduced a bill for the removal of obstructions in the river Savan

ment of the same; which was read a first and second time by its title.

Mr. J. moved to refer the bill to the Committee on Commerce.

Mr. DUNHAM moved that it be referred to the Committee on Roads and Canals.

The SPEAKER stated that the question would first be taken on the motion of the gentleman from Georgia, [Mr. JACKSON.]

Mr. JACKSON demanded tellers on that motion; and they were ordered.

Mr. STANTON, of Tennessee, (it being now ten minutes to one o'clock,) said that it must be apparent to gentlemen that it was utterly impracticable to divide the House at the present moment, and he would therefore suggest that all further business be suspended until the order of the House

should have been executed. It wanted but a few moments to one o'clock-the time fixed for the introduction of M. Kossuth.

The suggestion was concurred in; and, by general consent, all further business was suspended until the hour of one o'clock arrived.

RECEPTION OF LOUIS KOSSUTH.

M. Louis KOSSUTH, escorted by the Committee of Reception, and followed by his suite, entered the Hall and advanced up the aisle in front of the Speaker-the members of the House generally rising to receive him.

Mr. CARTTER (the chairman of the Committee of Reception) then addressed the Speaker as follows:

Mr. SPEAKER: We have the honor to present Governor Louis KOSSUTH to the House of Representatives.

The SPEAKER. As the organ of this body I have the honor to extend to LOUIS KOSSUTH а cordial welcome to the House of Representatives of the United States.

M. KOSSUTH replied in the following words:

SIR: It is a remarkable fact in the history of mankind that while, through all the past, honors were bestowed upon glory, and glory was attached only to success, the legislative authorities of this great Republic bestow the highest honors upon a persecuted exile, not conspicuous by glory, nor favored by success, but engaged in a just cause. There is a triumph of republican principles in

this fact.

Sir, in my own and my country's name I thank the House of Representatives of the United States for the honor of this cordial welcome.

M. KOSSUTH was then conducted by the Committee to a chair which had been prepared for him.

Mr. STANTON, of Tennessee. For the purpose of giving the members of the House of Representatives an opportunity to pay their respects to the distinguished guest of the House, I move that we now adjourn.

The motion was agreed to, and the House adjourned until Friday.

The Representatives were then presented by the Speaker and Committee of Reception to M. Kossuth, as were also the immense crowd of ladies and gentlemen who had assembled upon the occa

sion.

PETITIONS, &c.

The following petitions, memorials, &c., were presented under the rule, and referred to the appropriate committees: By Mr. STUART: The petition of the citizens of Albion, Michigan, praying that Congress will make suitable provision for the erection of a line of telegraph from Fort Independence to some eligible point on the Pacific coast, by the passage of a law that will protect and encourage the telegraphic inventions of American citizens.

Also, the petition of the Board of Education of the State of Michigan, praying for a grant of lands to them equal in value to certain salt spring lands heretofore granted to said State and erroneously confirmed by the Secretary of the Treasury.

By Mr. SCUDDER: The petition of Mary Ruggles, of Tisbury, Massachusetts, widow of the late Timothy Ruggles, praying that a law may be passed giving pensions to the widows of revolutionary soldiers who were married subsequently to the year 1800; and for other relief.

By Mr. TAYLOR: The petition of William H. Winder, praying Congress to purchase the building at the corner of

NEW SERIES.... No. 15.

F and Seventeenth streets, in Washington city, now rented of him by the Government.

By Mr. SCHERMERHORN: The petition of Sarah K. Jenks, asking for compensation for losses sustained by the seizure of the brig Jane and cargo at Laguayra.

IN SENATE.
FRIDAY, January 9, 1852.

Prayer by the Rev. L. F. MORGAN.
The Hon. PIERRE SOULE, from the State of
Louisiana, attended this day.

EXECUTIVE COMMUNICATIONS.

The PRESIDENT pro tempore laid before the Senate a report of the Secretary of War, communicating, in obedience to law, statements of the

contracts which have been made under the author

ity of that Department during the year 1851; which

was read, and it was

Ordered, That it lie on the table and be printed.

The PRESIDENT pro tempore laid before the Senate a report of the Secretary of War, made in obedience to law, accompanied by a statement showing the expenditures for contingencies of the military establishment during the year ending December 31, 1851; which was read, and it was Ordered, That it lie on the table and be printed. LIBRARY OF THE CANADIAN PARLIAMENT. The following message was received from the President of the United States, by Mr. M. P. FILLMORE, his Private Secretary:

To the Senate of the United States:

I transmit to the Senate the copy of a resolution adopted by the Legislative Council of Canada, together with the copy of the note by which the resolution was communicated to this Government, expressing the satisfaction of that Council at receiving intelligence of certain donations in aid of the reconstruction of the Library of the Canadian Parliament. MILLARD FILLMORE.

WASHINGTON, January 6, 1852.

"LEGISLATIVE COUNCIL, "WEDNESDAY, August 20, 1851. "Resolved, That this House receives with much satisfaction the intelligence of the munificent donations which have been made in aid of the reconstruction of the Parliamentary Library by the Houses of Congress of the United States, the Legislature of the State of Vermont, and the Legislature of the State of New York."

BRITISH LEGATION,
WASHINGTON, October 30, 1851.

}

SIR: The Governor General of Canada has forwarded to her Majesty's Legation the copy which I have the honor to inclose herewith of a resolution adopted by the Legislative Council of that Province when the Provincial Parliament was last in session, expressive of the satisfaction with which they have received the intelligence of the munificent donations which have been made by the Congress of the United States, by the Legislature of the State of Vermont, and by the Legislature of the State of New York, in aid of the reconstruction of the Library of the Canadian Parliament.

I have accordingly to request that you, sir, will have the goodness to cause the above resolution to be communicated to the Congress of the United States, as well as to the Legislatures of Vermont and New York.

I avail myself of this opportunity to renew to you, sir, the assurance of my highest consideration, JOHN F. CRAMPTON. The Hon. DANIEL WEBSTER, Secretary of State. On motion by Mr. PEARCE, it was Ordered, That it lie on the table and be printed. NEW MEXICO.

The PRESIDENT pro tempore laid before the Senate a letter of William S. Allen, Secretary of the Territory of New Mexico, communicating, in obedience to the act establishing a territorial goverument for New Mexico, copies of the acts, resolutions, and memorials, of the Legislative Assembly of that Territory, passed at a session begun and held the 2d of June, 1851.

On motion by Mr. HUNTER, it was Ordered, That it be referred to the Committee on Territories and printed.

PETITIONS.

Mr. WALKER presented a petition of citizens of Cincinnati, Ohio, praying that the public lands may be ceded to the States for the purpose of settlement; which was referred to the Committee on Public Lands.

Mr. BAYARD presented a petition of citizens of Pennsylvania and Delaware, praying an appropriation for the repair of the piers at Port Penn,

in the Delaware river; which was referred to the Committee on Commerce.

Also, a memorial of the Commissioners of the town of Newcastle, Delaware, praying an appropriation for the improvement of the harbor at that place; which was referred to the Committee on Commerce.

Mr. CLARKE. I am requested to present to the Senate a petition signed by a large number of merchants and underwriters in the State of Rhode Island, asking Congress to make provision by law for the survey of such parts of the China seas, Straits of Gaspar, and Java sea, as lie directly in the track of vessels proceeding to and from China. I move that the memorial be referred to the Committee on Commerce; and I beg leave to suggest to the committee that some provision should also be made to facilitate our trade in the North Pacific, so as to change the course of that trade, which now has to pass around Cape Horn to California, and thence to China.

The memorial was referred to the Committee on Commerce.

outstanding loan office and final settlement certificates issued for money loaned, or for services, or for supplies during the revolutionary war.

Mr. GEYER gave notice that he should ask leave to introduce a bill declaring the assent of Congress to the State of Missouri to impose taxes on lands hereafter sold by the United States in said State, from and after the day of sale.

Mr. BORLAND gave notice that he should ask leave to introduce a bill to grant a quantity of the public land to the State of Arkansas, to aid in the construction of a railroad from the Mississippi river to the western boundary of Arkansas, by the Helena and Fort Smith Railroad Company.

BILLS INTRoduced.

Mr. CLEMENS, agreeably to previous notice, asked and obtained leave to introduce a bill for the relief of Thomas Snodgrass; which was read a first and second time by its title, and referred to the Committee on Indian Affairs.

Mr. PEARCE, agreeably to previous notice, asked and obtained leave to introduce a bill for the relief of Sarah D. McKay, widow of Lieutenant Colonel McKay; which was read a first and second time by its title, and referred to the Committee on Pensions.

Mr. CLARKE, agreeably to previous notice, asked and obtained leave to introduce a bill to remit or refund duties on goods, wares, and merchandise destroyed by fire; which was read a first and second time by its title, and referred to the Committee on Finance.

Mr. HAMLIN. I am instructed to present to the Senate a memorial signed by the journeymen bookbinders of the city of Washington, in which they set forth their views at length why no contract should be made for the binding of the public documents. That matter has been considered by the Committee on Printing, and there is a resolution now before the Senate proposing to make a contract. Inasmuch as the committee have acted upon the matter, I move that the memorial lie upon the table, with a notice which I shall now give that when the subject shall come up for consideration before the Senate, I shall move the reading of that memorial, that the reasons stated by the book-"An act to provide for the punishment of offences binders may be thus presented to the Senate. The motion was agreed to.

Mr. SHIELDS presented a petition of citizens of Washington, in the District of Columbia, praying the incorporation of the Eagle Steamboat Company; which was referred to the Committee for the District of Columbia.

PAPERS WITHDRAWN AND REFERRED. On motion by Mr. WADE, it was Ordered, That leave be given to withdraw the petition of Joseph Venzie.

On motion by Mr. CLARKE, it was

Ordered, That the inemorial of Edward Dexter, on the files of the Senate, be referred to the Committee on Fi

nance.

On motion by Mr. MASON, it was Ordered, That the petition of William D. Porter, on the files of the Senate, be referred to the Committee on Foreign

Relations.

Mr. BORLAND, agreeably to previous notice, asked and obtained leave to introduce a bill to amend the act approved March 2, 1851, entitled

committed in cutting, destroying, or removing liveoak and other timber or trees reserved for naval

purposes;" which was read a first and second time by its title, and referred to the Committee on

Public Lands.

REPORTS FROM STANDING COMMITTEES. Mr. BAYARD, from the Committee of Claims, to whom was referred the memorial of H. P. Dorsey, submitted an adverse report; which was ordered to be printed.

He also, from the same committee, to whom was referred the bill for the relief of Theodore Offutt, reported it with an amendment, and submitted a report on the subject, which was ordered to be printed.

Mr. HUNTER, from the Committee on Public Buildings, to whom the subject was referred, reported a bill to provide a room for the Congressional Library; which was read a first and second time by its title, and considered as in Committee Ordered, That the memorial of the heirs of Caleb Swann, of the Whole; and no amendment being made, it on the files of the Senate, be referred to the Committee of Claims.

On motion by Mr. MASON, it was

On motion by Mr. MASON, it was Ordered, That the petition of the Pioneer Cotton Manufacturing Company of Georgetown, on the files of the Senate, be referred to the Committee for the District of Columbia.

On motion by Mr. BRADBURY, it was Ordered, That the documents on the files of the Senate relating to the claims of the States of Maine and Massachusetts against the United States under the treaty of 9th August, 1842, between the United States and Great Britain, be referred to the Committee on the Judiciary.

On motion by Mr. PRATT, it was

Ordered, That the Committee of Claims be discharged from the further consideration of the petition of Colonel John C. Hays, and that it be referred to the Committee on Military Affairs.

On motion by Mr. NORRIS, it was Ordered, That the memorial of Combs Greenwell, on the files of the Senate, be referred to the Committee of Claims. STATE OF THE SURVEYS.

Mr. SHIELDS submitted the following resolution for consideration:

Resolved, That the Secretary of the Senate be directed to employ a draftsman to mark and lay down on the maps now in the room of the Committee on Public Lands the state of the surveys, and also show what has been disposed of by sale or otherwise. The rate of compensation for the service shall be the same as that of a clerk not exceeding $1,800 per annum.

NOTICES OF BILLS.

Mr. BAYARD gave notice that he should ask leave to introduce a bill concerning the sessions of the courts of the United States within the State of Delaware.

Mr. BRODHEAD gave notice that he should ask leave to introduce a bill for the payment of¦¦

was reported to the Senate, ordered to be engrossed and read a third time, and subsequently it was read a third time and passed.

The bill simply appropriates the sum of $1,200, to be expended under the direction of the Superintendent of the Public Buildings, to fit up a room temporarily for the reception of a portion of the books of the Congressional Library.

Mr. WADE, from the Committee of Claims, to whom was referred the memorial of A. H. Cole, submitted a report, accompanied by a bill for his relief; which was read a first time and passed to a second reading.

Mr. BAYARD, from the Committee of Claims, to whom was referred the petition of James Dunning, reported a bill for his relief; which was read a first time and passed to the second reading. MAIL SERVICE IN CALIFORNIA AND OREGON. Mr. RUSK. The Committee on the Post Of

fice and Post Roads have instructed me to report a joint resolution of the Senate and House of Representatives to authorize the Postmaster General to legalize certain contracts for the transportation of the mails in California and Oregon. As this is a matter of some importance, I hope there will be no objection to its being considered now, and I ask the unanimous consent of the Senate to that end.

The Senate proceeded to consider the resolution as in Committee of the Whole, and no amendment being offered, it was reported to the Senate.

Mr. NORRIS. I should like to have some explanation of this resolution.

Mr. RUSK. The object of the resolution is fully explained in the report of the Postmaster

General to Congress, both at the last and the present session. Contracts were made in California and Oregon at the same time and under the same circumstances as contracts were made elsewhere. A proposition was before Congress last session authorizing contracts to be opened by the agent in California, and the contracts to be made there. Owing to the confusion which prevailed at the close of the session, this amendment to the Post Office bill was not adopted. These contracts have been made by the agent and the postmasters in California and Oregon, containing a stipulation that they might be set aside if it should be desired by the Postmaster General, inasmuch as they did not reach here by the stipulated time. All the mails are carried there by contract at this time, and at a rate of some forty or fifty per cent. cheaper than formerly. The Postmaster GeneralTM has recommended that these contracts be confirmed; and if they are confirmed, they will remain in force until the year 1854. If they are rejected, new contracts will have to be made, and a large additional expense will undoubtedly be incurred in the transportation of these mails.

The resolution was ordered to be read a third time.

RESOLUTIONS.

The Senate resumed the consideration of the resolutions submitted by Mr. WALKER the 17th December, concerning the relations of the United States with foreign nations; and,

On motion by Mr. WALKER, it was Ordered, That the further consideration thereof be postponed until to-morrow.

PRIVATE CLAIMS.

On the 22d of December last, the Senate adopted the following resolution:

Resolved, That after the 1st day of January next, Fridays of each week shall be set aside for the consideration of private claims, and that on those days private bills have priority over all other business.

The PRESIDENT, after the presentation of executive communications this morning, announced to the Senate, that under that resolution this day had been set apart for the consideration of private claims.

Mr. HAMLIN. Does that include the morning hour?

The PRESIDENT. The resolution is comprehensive so as to cover the whole.

Mr. CLEMENS. I ask leave to introduce a private bill of which notice has been given.

The PRESIDENT. It is not in order according to the resolution, which requires that we shall proceed in the order as laid down by the calendar. Mr. SHIELDS. I hold in my hand a private petition which I wish to present.

The PRESIDENT. cannot be presented. Mr. HUNTER. Is it not competent to postpone that business, or would it require a suspension of the rule?

The PRESIDENT. It is an order of the Sen

ate, and not a rule which requires notice to change it. The execution of the order of the Senate may be postponed by a majority of the Senate.

Mr. HUNTER. I'move, then, that the execution of that order be suspended until one o'clock. The motion was agreed to.

When the hour of one o'clock arrived, the consideration of private claims was announced as the special order.

Mr. GWIN. I am entirely in favor of the consideration of these private claims; but we have no calendar, and it is very important that we should have one, that we may know what the bills are before they are called. I hope the chairman of the Committee on Private Claims will consent that these bills be passed by until we have a calendar, and that the special order may be postponed, that we may go on with other business. It is important that we have a calendar. We cannot act understandingly upon these bills without one.

Mr. BRODHEAD. It will not afford you any information.

Mr. GWIN. I cannot act understandingly without one; and if we postpone the special order now, by next Friday we can be prepared and ready to consider these bills. I hope we shall go on with the consideration of the resolution relating to printing the returns of the Seventh Census.

Mr. BRODHEAD. I do not feel at liberty to consent, nor do I know that my consent is necessary. The Senate can dispose of the motion of the Senator from California as it pleases.

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