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is entirely unnecessary to send this little matter back to the committee.

Mr. DANIEL. I trust the recommendation of the committee will be carried out, because I think this mode of legislating is based upon highly improper and incorrect principles. Now, I do not intend to cast any imputations upon this gentleman. Far be it from me to cast any imputation upon him, if his character is perfectly proof against any imposition. I think it is wrong to legislate in this way. I think every case which comes before us ought to be brought up to the same standard; and every demand ought to be proved according to rules which will guard the Treasury against imposition. If we take the say-so in this individual case of a man free from suspicion, we will go a little further, and after a little while we will take the statements of somebody else, permit them to make their demands upon the Treasury, and we will pay what they demand.

Mr. STANTON. The gentleman is proceeding upon the supposition that we require the House to take the say-so of this gentleman, because he is respectable, and free from suspicion. I have not asked the House to do any such thing. I have only asked them to refer this matter to the officers of the Treasury, who will proceed only upon regular proof.

Mr. DANIEL. It is much safer, as a general rule, for committees, when they can ascertain the amount they propose to appropriate from the Treasury, to ascertain it, and recommend that the amount be paid. The objection I made is not answered at all. I trust the motion will prevail.

Mr. HEBARD. I believe there was serious objection to this bill upon two grounds, and the third one has presented itself now, since this bill has got back into the House. One objection was and it was an objection of principle-that the bill did not settle the amount to be paid. It was thought by many that it was the only correct principle, that the committee should ascertain the amount and make the recommendation. I have not heard the chairman of that committee, or any other gentleman upon that committee, express even an opinion in relation to any amount, or that anything was due, further than to recommend the passage of the bill. Another objection was, that there is no report of the facts of the case. It was thought that the amount was between one hundred and two hundred dollars. It seems, since we have got back to the House, that it has increased to between two and three hundred dollars. If we allow this bill to go to the Secretary of the Treasury before the amount is ascertained, and it keeps increasing in that ratio, I do not know what the amount will be. I hope that the recommendation of the committee will be complied with, and the bill be sent back to the Committee on Naval Affairs, for them to obtain such proof as will satisfy them in relation to the equity of the claim and the amount due. Let them fix upon the amount, put it into the bill, and report such a state of facts as will satisfy the House that the claim ought to be paid. Then I will be in favor of it. I move that the bill be recommitted to the Committee on Naval Affairs, with instructions to ascertain and place in the bill the amount to be paid; and upon that motion I ask the previous question.

The previous question was seconded and the main question ordered.

10.

The question was then taken, and it was agreed

So the bill was recommitted to the Committee on Naval Affairs, with instructions."

The SPEAKER. The bill No. 94, for the relief of Hannah Sampson, was reported by the committee to the House, with a recommendation that it do not pass.

Mr. STEPHENS, of Georgia. I move the previous question, and I move that we concur with the recommendation of the Committee of the Whole.

Mr. HARRIS, of Tennessee. I move to lay the bill upon the table.

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

Mr.MILLSON moved to reconsider the vote by which bill No. 89, for the relief of Williams, Staples & Williams, was passed, and to lay the motion to reconsider upon the table; which latter motion was agreed to.

On motion by Mr. SWEETSER, The House then adjourned.

NOTICE OF A BILL.

Mr. DAVIS, of Indiana, gave notice of his intention to introduce a bill granting a quantity of the public lands for the improvement of the navigation of the river Wabash.

PETITIONS, &c.

The following petitions, memorials, &c., were presented under the rule, and referred to the appropriate committees:

By Mr. SIBLEY: The memorial of Bartholomew Baldwin, James R. Clewet, A. Perret, and Pierre, Benjamin, and Julian Gervais, asking for compensation for injuries received by being driven from the Military Reserve at Fort Snelling by the United States troops in the year 1840.

By Mr. PHELPS: The memorial of M. M. Marmaduke and others, for pay for property stolen from them by the Indians.

Also, the petition of W. B. Edwards, praying for an invalid pension, heretofore presented.

By Mr. FULLER, of Maine: The memorial of D. W. Dinsmore and others, praying Congress to establish a whistle or fog bell at Petit Menan light house, at the entrance of Narraguagers bay, on the coast of Maine.

By Mr. FLORENCE: The petition of Moses M. Russell, of Philadelphia, praying for an increase of pension to the late Mrs. Esther Russell, widow of Dr. Philip M. Russell, who served in the war of the Revolution.

By Mr. HOUSTON: The petition of William Nelson, of Morgan county, Alabama, praying to be allowed to change an erroneous entry of public land as tiferein set forth.

By Mr. JONES, of Tennessee: The petition of the heirs of Dr. Samuel Kennedy, praying compensation for services during the revolutionary war.

IN SENATE. MONDAY, January 19, 1852. Prayer by the Rev. L. F. MORGAN.

EXECUTIVE COMMUNICATIONS.

The PRESIDENT pro tempore laid before the Senate a communication from the War Department, transmitting, in compliance with acts approved April 20, 1818, and August 26, 1842, and

a resolution of the House of Representatives of 13th January, 1846, a list of the clerks and other persons employed in that Department other than officers of the Army, during the year 1851. On motion by Mr. SHIELDS, it was Ordered, That it lie on the table and be printed.

The PRESIDENT pro tempore also laid before the Senate a communication from the Secretary of War, in pursuance of an act approved April 2d, 1794, containing a statement of the expenses of the national armories, and of the number of arms and appendages made and repaired thereat during the fiscal year ending 30th June, 1851.

On motion by Mr. HUNTER, it was
Ordered, That it lie on the table and be printed.
PETITIONS.

Mr. BRIGHT presented a petition of citizens of Oregon Territory, praying the removal of the port of entry from Fort Nesqually to Sleetacoour City, and the establishment of a mail route from San Francisco to the head of Puget's Sound; which was referred to the Committee on Com

merce.

Also, the petition of Elizabeth Parsons, widow of James Parsons, praying compensation for extra services performed by her late husband while employed at the Penitentiary of the District of Columbia; which was referred to the Committee of Claims.

Mr. WADE presented a petition of Warren Young, praying that the laws may be so amended that the executors and administrators of those holding land warrants may locate those warrants; which was referred to the Committee on Public Lands.

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

Mr. FISH. I present the memorial of the New York State Colonization Society, praying the establishment of a line of mail steamers to the western coast of Africa.

maintains on that coast. I move that it be referred to the Committee on Naval Affairs. The motion was agreed to.

Mr GEYER presented the petition of the heirs and legal representatives of Joseph Thompson, deceased, praying the confirmation of their title to a tract of land in the State of Missouri; which was referred to the Committee on Private Land Claims.

Also, the memorial of the administrator of George G. Alford, praying the appointment of a tribunal to view the decisions of the late Board of Commissioners for settling claims of American citizens against Mexico; which was referred to the Committee on Foreign Relations.

Also, the memorial of the City Council of St. Louis, Missouri, praying the reimbursement of money expended in prosecuting work commenced by the United States for the improvement of the river and harbor at that place; which was referred to the Committee on Commerce.

Mr. SHIELDS presented a petition of A. Anderson and others, citizens of the United States, praying the construction of a railroad from Lake Michigan to the Pacific, under the direction of the General Government; which was referred to the Committee on Public Lands.

Also, three petitions of citizens of Illinois, praying the right of way and a grant of public land for the construction of a railroad from Shawneetown to the Missouri river, opposite the city of St. Louis; which was referred to the Committee on Public Lands.

Also, the memorial of Henry H. Sibley, for and in behalf of the people of Minnesota Territory, praying a grant of land for the construction of a railroad from the western extremity of said TerriPaul in said Territory; which was referred to the tory to the Mississippi river, with a branch to St. Committee on Territories.

Mr. HAMLIN presented a petition of inhabitants of the Island of Martinicus, on the coast of Maine, praying the transfer of that Island from

the Penobscot collection district to the district of Waldeboro', in the State of Maine; which was referred to the Committee on Commerce.

Mr. UNDERWOOD presented the petition of William W. Sale and others, praying an amendment of the patent laws; which was referred to the Committee on Patents and the Patent Office.

Mr. CASS presented the memorial of John M. Reynolds, praying to be indemnified for losses sustained in consequence of a change in his contract for building a light-house on Beaver Island, in Lake Michigan; which was referred to the Committee on Commerce.

Also, a memorial of citizens of Pennsylvania, praying a modification of the late bounty land law; which was referred to the Committee on Public Lands.

Mr. DAVIS presented a petition of citizens of Cambridge, Massachusetts, praying that the bill giving further remedies to patentees may become a law.

Ordered, That it lie on the table.

Mr. DAVIS. I present also the petition of Robert M. Lee, and other citizens of Pennsylvania, in which they represent that the bounty land law makes an unequal provision for the benefit of certain soldiers. In other words, that the soldiers of the war of 1812 are not placed on a footing of equality with the soldiers who served in the Mexican war. They ask that that bounty land law may be so modified as to place those soldiers on a footing of equality with those who served in the Mexican war by granting them a larger quantity of land than they have received. As a bill in relation to the subject is already before the Senate, I move that, without reading, the petition be laid upon the table.

The motion was agreed to.

Mr. JONES, of Tennessee, presented a petition of citizens of Tennessee, praying that the expenses incurred by American contributors to the World's Fair at London, may be defrayed by Congress; which was referred to the Committee on Manufactures.

Mr. BRODHEAD presented a petition of citizens of Philadelphia, Pennsylvania, praying a modification of the late bounty land law. Ordered, That it lie on the table.

The memorial states that a very large trade is now being carried on by Great Britain with that coast, amounting to some twenty-five millions of dollars annually, and it is calculated that England has already received two hundred millions of dollars of gold from that coast. They also urge that the establishment of this line would tend greatly to suppress the slave trade, and render unneces- Mr. FELCH presented a preamble and resolusary the present squadron which this Governmenttion passed by the Legislature of Michigan in re

lation to the land claims of Joseph Sansfacon and others; which were referred to the Committee on Private Land Claims, and ordered to be printed. Mr. STOCKTON presented a memorial of inventors, praying that the Patent Office building may be completed according to the original design, and kept exclusively for the transaction of the business of that office; which was referred to the Committee on Patents and the Patent Office.

MEXICAN CLAIMS.

Mr. STOCKTON. I have a memorial in my hand which strikes me as one of very great importance. It is from Jonas P. Levy. It seems from his memorial that he was a merchant doing business in Mexico, on whose property spoliations were perpetrated. His case was presented to the Board of Commissioners appointed for the adjudication of such claims. He complains that that Board did not do him justice; besides that, he says they have lost his papers, and he prays that Congress will grant him relief. The importance of this memorial would seem to justify a little more attention than is generally paid to such things when they are referred to the ordinary committees of the Senate. I therefore move that a special committee be appointed on this memorial, with power to send for persons and papers.

Mr. HUNTER. I believe occasions are very rare when the Senate creates special committees. It seems to me that this petition ought to go properly to the Committee on Foreign Relations; and I move that it be referred to that Committee.

The PRESIDENT. That being a standing committee, the latter motion will be first put.

Mr. DOWNS. Several memorials of the same kind have been presented by myself and others, which have been laid upon the table. I think this is a very important matter. I would like some time to consider whether it is proper to refer these memorials to the Committee on Foreign Relations. The general impression has been that they ought to be referred to a select committee. These memorials are very similar in some respects to those on the subject of French spoliations, which have been referred to a select committee. I have some

other memorials to present on this subject; I hope, therefore, that this memorial will be laid upon the table for the present until the others can be offered. Mr. HUNTER. I am willing to accommodate the Senator.

Mr. DOWNS. I move that the memorial be laid upon the table.

The motion was agreed to.

PAPERS WITHDRAWN AND REFERRED. On motion by Mr. SHIELDS, it was Ordered, That the documents on the files of the Senate, in relation to the claim of the widow of Lieutenant-Colonel Eueas Mackay to a pension, be referred to the Committee on Pensions.

On motion by Mr. BORLAND, it was Ordered, That the petition of Mark Bean and Richard H. Bean, on the files of the Senate, be referred to the Committee on Public Lands.

On motion by Mr. FELCH, it was

Ordered, That the petitions of citizens of Michigan, on the files of the Senate, relating to the adjustment of private land claims in that State, be referred to the Committee on Private Land Claims.

On motion by Mr. BRIGHT, it was Ordered, That the documents on the files of the Senate, relating to the claim of Ebenezer Dumont, be referred to the Committee of Claims.

On motion by Mr. DOWNS, it was

Ordered, That the memorial of Thomas H. McManus, on the files of the Senate, be referred to the Committee on Private Land Claims.

REPORTS FROM STANDING COMMITTEES.

Mr. BAYARD, from the Committee of Claims, to whom was referred the petition of Samuel M. Boots, asking compensation for clerical services, submitted an adverse report; which was ordered to be printed.

Mr. FELCH, from the Committee on Public | Lands, to whom was referred a memorial of the Legislature of the State of Alabama, reported a bill authorizing the sale of certain reserved lands in Alabama; which was read and passed to a second reading.

He also, from the same committee, to whom was referred the bill in relation to a certain lot of land in the town of Gnadenhutten, in the State of Ohio, reported the same without amendment.

Mr. STOCKTON, from the Committee on Pensions, to whom was referred the petition of Eliz

abeth Munroe, praying a pension, reported a bill; which was read and passed to a second reading. He also presented a report on the above petition; which was ordered to be printed.

He also, from the same committee, to whom was referred the petitions of Sarah Bennett and of Thomas Flannagan, praying to be allowed pensions, reported adversely thereon.

Mr. JONES, of Iowa, from the Committee on Pensions, to whom was referred the memorial of Mary W. Thompson, reported a bill for her relief; which was read and passed to a second reading.

He also presented a report on the above memorial; which was ordered to be printed.

NOTICES OF BILLS.

Mr. SHIELDS gave notice of his intention to ask leave to introduce a bill to amend an act entitled "An act to incorporate the Washington Gaslight Company," approved July 8, 1848.

Mr. BRADBURY gave notice of his intention to ask leave to introduce a bill to alter and amend the judicial system of the United States.

Mr. GWIN gave notice of his intention to ask leave to introduce a bill to release the bonds given for duties on goods, wares and merchandise destroyed by fire in the city of San Francisco, in California, and for other purposes.

Mr. BORLAND gave notice of his intention to ask leave to introduce a bill to amend the act approved April 20, 1818, entitled "An act in addition to the Act for the punishment of certain crimes against the United States,' and to repeal the acts

therein mentioned."

BILLS INTRODUCED.

Mr. GWIN, agreeably to previous notice, asked and obtained leave to introduce a bill to refund to the State of California the expenses incurred in suppressing Indian aggressions in that State; which was read a first and second time by its title, and referred to the Committee on Military Affairs.

Mr. STOCKTON, agreeably to previous notice, asked and obtained leave to introduce a bill to authorize the Postmaster General to contract for carrying the mails between Jersey City, State of New Jersey, and port of New York, and Galway,

in Ireland; which was read a first and second time by its title, and referred to the Committee on the Post Office and Post Roads.

Mr. WADE, agreeably to previous notice, asked and obtained leave to introduce a bill to amend an act entitled "An act to provide for the due execution of the laws of the United States in the State of Ohio;" which was read a first and second time by its title, and referred to the Committee on the Judiciary.

Mr. SHIELDS, agreeably to previous notice, asked and obtained leave to introduce a bill to authorize Jacob Banta to locate two revolutionary bounty land certificates; which was read a first and second time by its title, and referred to the Committee on Public Lands.

NON-INTERVENTION.

Mr. CLARKE, agreeably to previous notice, asked and obtained leave to bring in joint resolutions reaffirming the doctrine of non-intervention; which were read a first and second time by their titles, and considered as in Committee of the Whole.

The resolutions are as follows:

JOINT RESOLUTIONS.

well Address: "Observe good faith and justice towards all 'nations. Cultivate peace and harmony with all." Give to 'mankind the magnanimous and too novel an example of a 'people always guided by an exalted justice and benevo "lence." "Sympathy for a favorite nation betrays itself into a participation into the quarrels and wars of another, with'out adequate inducement or justification." "Against the insidious wiles of foreign influence, the jealousy of a free people ought to be constantly awake, for foreign influence is the most baneful foe of republican governments." "The 'true rule of conduct for us in regard to foreign nations, is in extending our commercial relations, to have with them 'as little political connection as possible." "Why quit our own to stand upon foreign ground? Why, by interweav'ing our destiny with that of any part of Europe, entangle our peace and prosperity in the toils of European ambition, 'rivalship, interest, humor, or caprice."

Resolved, That while we cherish the liveliest sympathy towards all who strive for freedom of opinion and for free institutions, yet we recognize our true policy in the great fundamental principles given to us by Jefferson: "Equal ' and exact justice to all men, of whatever State or persua'sion-religious or political-peace, commerce, and honest 'friendship with all nations, entangling alliances with

'none."

Resolved, That although we adhere to these essential principles of non-intervention as forming the true and lasting foundation of our prosperity and happiness, yet whenever a prudent foresight shall warn us that our own liberties and institutions are threatened, then a just regard to our own safety will require us to advance to the conflict rather than await the approach of the foes of constitutional freedom and of human liberty.

On motion by Mr. CLARKE, it was Ordered, That they lie on the table and be printed. SPIRIT RATION IN THE NAVY. Mr. SUMNER submitted the following resolution for consideration:

Resolved, That the Committee on Naval Affairs be directed to inquire into the expediency of abolishing the spirit ration in the Navy of the United States, and at the same time of increasing the monthly pay of all the enlisted men in this service.

ADDITIONAL COMMITTEE clerk. Mr. SEBASTIAN submitted the following resolution for consideration:

Resolved, That the Committee on Indian Affairs be authorized to employ a clerk during the present session of Congress.

MESSAGE FROM THE HOUSE.

A message was received from the House of Representatives by Mr. FORNEY, their Clerk:

Mr. PRESIDENT: The House of Representatives have "An act authorizing the Secretary of the Treasury to issue a register to the brig Ada;

passed the following bills from the Senate:

"An act to provide a room for the Congressional Libra

ry,"

They concur in the amendments of the Senate to the bill to admit a certain vessel to registry.

The President of the United States approved and signed, on the 13th instant, the following bill and joint resolution: "An act making appropriations to meet the expenses incurred in consequence of the late fire in the Capitol; "Joint resolution to authorize the Postmaster General to legalize certain contracts for the transportation of the mail in California and Oregon."

BILLS FROM THE HOUSE.

The following bills from the House of Representatives were read a first and second time by their titles and referred to the Committee on the Judiciary:

An act authorizing the payment of interest to the State of New Hampshire, for advances made for the use and benefit of the United States in repelling invasion and suppressing insurrection at Indian Stream, in the said State;

An act for the relief of the executors and heirs of Thomas Fletcher, deceased; and

An act for the relief of James Lewis. The following bills were referred to the Committee on Finance:

An act for the relief of James Ferguson, surResolved by the Senate and House of Representatives of viving partner of the firm of Ferguson & Mil

the United States of America in Congress assembled, That Congress recognizes and reaffirms these truths, "That gov'ernments are instituted among men to secure the inalien'able rights of life, liberty, and the pursuit of happiness, 'deriving their just powers from the consent of the gov'erned: That whenever any form of government becomes 'destructive of these ends, it is the right of the people to 'alter or to abolish it, and to institute a new government, 'laying its foundation upon such principles and organizing its powers in such form as to them shall seem most likely 'to effect their safety and happiness."

hado; and

An act for the relief of Williams, Staples & Williams.

An act for the relief of William Greer was referred to the Committee of Claims.

THE COMPROMISE MEASURES. The PRESIDENT announced the arrival of the hour for the consideration of the special order, viz: the resolution some time since submitted by Mr. FOOTE, of Mississippi, declaring the compromise measures a definitive settlement of all questions growing out of the subject of slavery.

Resolved, That while we claim for ourselves these comprehensive rights of self-government, and also as a consequence of sovereignty, the right to be exempt from the coercion, control, or interference of others in the management of our internal affairs, we concede to others the same measure of right--the same unqualified independence. Resolved, That it is upon the sacred principle of independent sovereignty that we recognize, in our intercourse with other nations, governments de facto, without inquir-mally, that the Senate may proceed to the coning by what means they have been established, or in what manner they exercise their powers.

Resolved, That this Government has solemnly adopted, and will perseveringly adhere to, as a principle of international action, the advice given by Washington in his Fare

Mr. UNDERWOOD. I hope that resolution will be laid upon the table or passed over infor

sideration of the bounty land bill. I move that its consideration be postponed until to-morrow.

The PRESIDENT. By unanimous consent it may be passed over.

Mr. HUNTER. I hope it will be passed over, for the Senator from Mississippi, [Mr. McRAE,]|| who is desirous to follow the Senator from Massachusetts (Mr. DAVIS] on that subject, is prevented by sickness from being in his seat to-day. Mr. DAVIS. I have no objection to its being passed over.

The resolution was accordingly passed over.

ASSIGNABILITY OF LAND WARRANTS.

The Senate proceeded to consider, as in Committee of the Whole, the bill from the House of Representatives explanatory of the act passed September 28, 1850, entitled "An act granting bounty lands to certain officers and soldiers who have been engaged in the military service of the United States."

The PRESIDENT. An amendment has been reported to that bill by the Committee on Public Lands, which will be read.

The amendment was read, as follows:
Strike out all after the enacting clause and insert:

That all warrants for military bounty lands which have been or may hereafter be issued under any law of the United States, and all valid locations of the same which have been or may hereafter be made, are hereby declared to be assignable, according to such form, and pursuant to such regulalions as may be prescribed by the Commissioner of the General Land Office, so as to vest the assignee with all the nights of the original owner of the warrant or location.

SEC. 2. Be it further enacted, That the registers and reecivers of the land offices shall hereafter be severally authorized to charge and receive for their services in locating all military bounty land warrants issued since the 11th day of February, 1847, the same compensation or percentage to which they are entitled by law for sales of the public lands for cash, at the rate of $125 per acre, the said compensation to be hereafter paid by the assignees or holders of such warrants where they have been transferred under the provisions of any act of Congress and the regulations of the General Land Office: and to be paid out of the Treasury of the United States upon the adjustment of the accounts of such officers, where it shall be shown to the satisfaction of the Commissioner of the General Land Office that the warrant was located by the soldier or warrantee, or his next of kin, as provided for by law.

SEC. 3. Be it further enacted, That registers and receivers, whether in or out of office at the passage of this act, or their legal representatives in case of death, shall be entried to receive from the Treasury of the United States, for services heretofore performed in locating military bounty land warrants, the same rate of compensation provided in the preceding section for services hereafter to be performed, after deducting the amount already received by such officers under the act entitled "An act to require the holders of military land warrants to compensate the land officers of the United States for services in relation to the location of those warrants," approved May 17th, 1848: Provided, That no register or receiver shall receive any compensation out of the Treasury for past services, who has charged and received illegal fees for the location of such warrants: And provided further, That no register or receiver shall receive for his services during any year a greater compensation than the maximum now allowed by law.

Sec. 4. Be it further enacted, That in all cases where the militia or volunteers or State troops of any State were called into the service of the United States, and whose services have been accepted and paid by the United States subsequent the 18th June, 1812, the officers and soldiers of such militia, volunteers or troops shall be entitled to all the benefits of the act entitled "An act granting bounty land to certain officers and soldiers who have been engaged in the military service of the United States," approved September 28th, 1850, and shall receive lands for heir services according to the provisions of said act, upon proof of length of service as therein required.

SEC. 5. Be it further enacted, That where any company, battalion or regiment, in an organized form, niarched more than twenty miles to the place where they were mustered into the service of the United States, or were discharged more than twenty miles from the place where such company, battalion, or regiment was organized; in all such cases, in computing the length of service of the officers and soldiers of any such company, battalion, or regiment, with a view to determine the quantity of land any officer

on consultation with members of the committee, it has been thought that the language retained in the amendment which has just been read does not express with sufficient clearness the idea which was intended to be conveyed by the amendment. That part of the fourth section which I propose to amend reads as follows:

"That in all cases where the militia, or volunteers, or State troops of any State were called into the service of the United States, and whose services have been accepted and paid by the United States."

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The change which I wish to be made is, to strike out the word "the," before the word "service," and insert in its place the word "military,' and to strike out the words "of the United States;" also to strike out the words " "accepted and." If the amendment shall prevail, then the language will be:

"That in all cases where the militia or volunteers or State troops of any State were called into military service, and whose services have been paid for by the United States," then they shall have the benefit of this act.

If this amendment shall be adopted, it will make the language very explicit, and show the intention of Congress to grant bounty lands to those troops who were called into service for military purposes by a State, or by an officer of the United States, and whose services were paid for by the United States, thereby showing an acceptance on the part of the Government of the services thus rendered. It will not confine the operations of the act to those troops which were mustered into service according to the provisions of the previous acts. It will, perhaps, enlarge somewhat the bounty of Congress towards those who rendered meritorious services, and it will not require the same particularity to be observed which was required to be observed by former acts, in regard to the manner in which the troops were called into service. If the amendment prevails, the question will be, in regard to any troops, Did they render military service? and was that service so far sanctioned by the Government as to be paid for by it? If they rendered service, and were paid, it is the object of the Committee on Public Lands to give them the benefit of the bounty of Congress. I hope that the amendment of the committee will be amended in the manner I have proposed, as it is more verbal than anything else, and I hope that this amendment may be agreed to, and the bill passed. The amendment to the amendment was agreed

to.

Mr. SEBASTIAN. I move to amend the amendment, as it has been modified by the motion

of the honorable Senator from Kentucky, by inserting after the word "service" the words "in of the wars mentioned in the act of 28th any 'September, 1850, entitled 'An act granting boun'ty lands to certain officers and soldiers who have 'been engaged in the military service of the Uni'ted States.""".

If that amendment shall be adopted, it will make necessary the adoption of another amendment, which I now offer:

"That the last proviso of the 9th section of the act of the

enumerated in the amendment offered by the honorable Senator from Kentucky. It dispenses with actual service. It dispenses with the requirement that the person should have been mustered into the services of the United States. The result, is, that the amendment offered by the Senator from Kentucky embraces every person engaged in the different wars mentioned in the act of 1850, whose services inured to the benefit of the United States, without regard to the fact whether they were engaged in the actual conflict of arms, or were mustered into the services of the United States, or were marched to the seat of war.

So far as any policy is indicated in that amendment, I go further. The amendment of the honorable Senator from Kentucky contains nothing more than what is an equitable adjustment of the rights and claims of every person engaged in the military service of the United States to the bounty of the Government. But there was a class of soldiers who served in the Mexican war who come within the description of the amendment of the honorable Senator from Kentucky, but who have been excluded by a technical construction which was, as it was thought, benevolently placed upon the act of 1847. I mean that class of men-and there are many of them-who, though enlisted for the service-although they underwent privations which in other cases have entitled men to the gratitude and bounty of the Government, yet who were excluded by the operation of the proviso of the ninth section of the act of 1847, from the simple fact that they were not marched to the seat of war. It so happens that one half of one of the in the description of the proviso of the act of 1847, regiments of Missouri volunteers, who come withhave received their bounty. It was, to be sure, by a mistaken view of the operation of the act; but the error was not corrected until one half of the regiment had received their bounty. The operation of the amendments which I have had the honor to offer, will be nothing more than to extend the same measure of justice to the remainder of that regiment which has already been accorded to one half of it by the action of the executive department.

There is another reason why these amendments of mine should be adopted. The act of 1847, in retrospective as well as a prospective operation. the proviso to which I have just alluded, had a

It is no doubt in the recollection of all that at that time, during the prosecution of the war with Mexico, the policy of the Government had been suddenly changed. The tactics of the war had been

revolutionized, and there had been adopted a more vigorous system for the prosecution of the war. The consequence was that the Government exerted all its energies for the purpose of calling out a sufficient force to conquer peace, in the language of that day. It was thought necessary for that purpose to hold out temptations and inducements-a kind of premium, to men to enlist in the service of the United States. The consequence of this has been that those who enlisted after the passage of the act of 1847, notwithstand

11th of February, 1847, he and the same is hereby repealed: ing many of them were not marched to the seat
Provided, That nothing herein contained shall authorize
bounty lands to those who have heretofore received or
become entitled to the same."

The PRESIDENT. The question will first be taken on the first amendment.

Mr. SEBASTIAN. I will offer a few words in explanation of the effect intended to follow the

or soldier is entitled to under said act, approved 26th Sep- adoption of these amendments. By the original

tember, 1850, there shall be allowed one day for every twenty miles from the place where the company, battalion, or regiment was organized, to the place where the same was mustered into the service of the United States; and also one day for every twenty miles from the place where such company, battalion, or regiment was discharged, to the place where it was organized, and from whence it marched to enter service.

Mr. UNDERWOOD. Mr. President, I do not propose to make any remarks, by way of a speech, on the subject of the provisions of this bill, unless it shall be assailed by some other Senator, and then I shall reply to any suggestions which may be made against it. I rise now to offer a slight amendment to the amendment which has been sanctioned by the Committee on Public Lands. The original amendment which the committee have offered was introduced by the honorable Senator from Maine, [Mr. HAMLIN,] and was referred to the Committee on Public Lands with the bill. The committee modified the amendment to some extent, but in that modification, upon consultation with the gentleman from Maine, and likewise

act of 1847, which granted bounty lands to soldiers engaged in the Mexican war, and by the subsequent act of the 28th of September, 1850, proposed to be explained by this act, there were two or three classes of persons omitted from the benefit of those acts. In consequence of a proviso to the ninth section of the act of 1847, all persons engaged in the war with Mexico were excluded from the provisions of that act, who were not actually marched to the seat of war. The act of the 28th of September, 1850, rather improved upon that. It required that all persons who were to receive the bounties of the act, should have been mustered into the service of the United States and performed actual service. The effect of this provision was to exclude the same classes of persons that were excluded by the last proviso of the act of 1847. The Committee on Public Lands, who have had this subject under consideration, have now obviated the requirements of the act of 1850 so far as to embrace the entire class of persons

of war, have received the bounty of Government, whilst those who performed precisely the same character of services, and underwent the same privations, but whose patriotism had induced them to offer their services at an early period of the war, when the Government was not offering bounties, have been excluded from the benefit of the provisions of that act.

If this were now an original question, it might become necessary to resort to a very different kind of argument. It might be necessary to show the But we are no policy and justice of this law. longer holding forth temptations to men to enlist in our service. We are no more fulfilling faith pledged in the contracts of the Government. But we are remunerating the services of soldiers engaged in our late wars. This is nothing but an act of gratuity-a mere bestowal of the bounty of the Government upon those who have earned its gratitude. Whatever may have been the original policy of these acts, the policy of the Government has now been changed. We are now proposing to extend bounties to men, and we are adjusting a sliding scale by which to measure the gratitude of the Government. I have shown that we have not yet accorded justice according to the equity of the

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by the adoption of my amendments in reference to the soldiers of the Mexican war, is the introduction of no new principle. It has already been recognized in the amendment which the Senator from Kentucky has offered and which has been adopted. One half of one of the Missouri regiments have already obtained the very bounties which it is now proposed to extend to the other half. All those soldiers who enlisted after the passage of the act of 1847, have, for the same class of services, received the bounty of the Government, whilst those who enlisted previously have been unprovided for. It is necessary, therefore, to equalize and make uniform the bounty of the Government. For that purpose I have offered these amendments.

Mr. BRADBURY. The language employed by the honorable Senator from Arkansas is exceedingly indefinite. If the object of that amendment be to secure bounty land to a certain regiment of troops, or to a portion of a regiment, the other portion having already received the benefits of a former act, it will be very easy to specify in distinct terms the extent to which the Senator desires that the amendment may reach. In other words, we can hardly understand the extent to which it may be construed to reach. It looks so indefinite that it may go much beyond the scope designed by the honorable Senator. If his object is to reach any particular regiment or class of men, he can say so in the amendment. I hope that after the committee have matured the bill, and given attention to the language employed, we shall not hastily adopt an amendment of a character so exceedingly general and indefinite.

Mr. HAMLIN The original section, as was stated by the Senator from Kentucky, [Mr. UNDERWOOD,] was drawn up by myself, and it was drawn after a consultation with the Pension Bureau. I believe the section was drawn up by myself in that office; and it was to obviate precisely the objection to which the Senator from Arkansas has alluded. If he will look at the section as the committee have reported it, or amended it subsequently, he will find that it will meet precisely the class of cases which he designs to meet, while the amendment which he desires to adopt will leave it somewhat ambiguous; for in all cases where the Government has received and paid for services, the right to the warrant is recognized by the bill as reported.

Mr. UNDERWOOD. I would remark to my friend from Arkansas that there is in the fourth section an expression to which I will call his attention. It is this:

"That in all cases where the militia or volunteers or State troops of any State were called into the service of the United States, and whose services have been accepted and paid by the United States subsequent to the 18th of June, 1812," &c.

Now, if the Senator from Arkansas will lay a stress upon the expression "subsequent to the 18th of June, 1812," he will find that the section

does embrace all that his amendment calls for. I trust, therefore, that he will not insist upon his amendment.

Mr. SEBASTIAN. As my amendment seems to alarm the Senator from Maine, and as he supposes that that amendment embraces a large and undefined additional class of persons, I will withdraw my first amendment and content myself with the repeal of the provision of the act of 1847. The effect of that will be precisely to carry out what the Senator from Maine considers as the effect of this amendment.

The Senator from Kentucky will allow me to remind him that while the provision of the act of 1847 is in force, it excludes, as a class, all persons engaged in that war, and that the most proper way to do would be to construe these acts together. Now, by simply repealing the proviso of the act of 1847, and withdrawing the amendment, which

seems to meet with some dissatisfaction on my right, the object we are aiming at will be attained, which is not to disturb the description of the wars in which these soldiers were engaged, but to remove an impediment which has hitherto existed in the way of carrying out what is supposed to be the spirit of the law, and to place a very limited class of persons who were engaged in the Mexican war upon the same footing as those embraced in the amendment suggested by the Committee on Public Lands. I therefore withdraw the first amendment, and submit to the Senate the latter one, which is

"That the last proviso of the ninth section of the act of the 11th of February, 1847, be, and the same is hereby, repealed: Provided, That nothing herein contained shall authorize bounty lands to those who have heretofore received or become entitled to the same."

Mr. UNDERWOOD. I rise for the purpose of stating to the Senate, that the effect of that proviso in the bill of 1847 was not considered in the committee at all. I have read the proviso at the desk of my friend over the way, and that proviso refuses to give bounty land to those soldiers who enlisted in the Mexican war or who were called to fight in the Mexican war, unless they were marched to the scene of battle. Now, that was not considered in committee; and the only objection to the repeal of that proviso is, that we may be doing something, the effect of which we do not exactly foresee. It would seem equitable that those inen should be paid who enlisted, and who remained at home performing military service or in the garrison, and did not go to the frontier. The only objection I have, then, to the amendment is, that it was not considered in committee, and we do not see precisely how far it may go, or why it was that this proviso was originally inserted in the bill, that bounty lands should not be granted unless the soldiers actually marched to the frontier. I do not know the reasons which influenced Congress on that point. If these soldiers were otherwise entitled to bounty lands, I do not see why they should be prohibited from receiving them because they remained at home or in the garrison. I would be willing to vote for the amendment unless it should be thought that it would embarrass the bill.

Mr. HAMLIN. It seems to me that the amendment of the Senator from Arkansas should be adopted. The bill or amendment reported by the Senator from Kentucky, embraces precisely the spirit of the amendment offered by the Senator from Arkansas. By a technical construction of the law, the Department did not allow bounty

lands to that class of men who were not mustered

into service under United States officers, and they
were excluded under that construction. The ori-
ginal law provided that they must be in the service
of the United States, and the Department deter-
mined that, to come within the provision of that
law, they must have been technically mustered
into service. Now, we have reported a bill which
goes upon one principle, and draws the distinction
in another place, to wit: That where the soldiers
have been paid by the Government, it should be
assumed that they have been in the service of the
Government; and that is the equitable place where
the bill draws the line, and where, in my humble
judgment, the distinction should be drawn; and
if this amendment of the Senator from Arkansas
is adopted, it will only be carrying out in words,
what this bill carries out in spirit. I shall vote for
the amendment.

Mr. BRODHEAD. I should like to hear the
proviso, which the Senator from Arkansas pro-
poses to repeal, read.

The proviso was accordingly read, as follows: "Provided, That nothing contained in this section shall be so construed as to give bounty lands to such volunteers as were accepted into service and discharged, without being marched to the seat of war."

The question was then taken on the amendment, and it was agreed to.

The PRESIDENT. The question is on the adoption of the amendment as reported by the committee.

Mr. HUNTER. I rise to suggest to the Senator from Kentucky, whether this compensation is not higher than it need be. I find a law on the statute-book in relation to this subject, in which the measure of compensation is established for those ing the Mexican war. It seems to me probable that who enter the warrants given for bounty lands durthat would be the best measure, and that it would be better to substitute that rule for the one proposed here. I throw the suggestion out for the consideration of the Senator from Kentucky. Here is a measure already established, providing the price to be paid for registering those land warrants:

"Be it enacted, &c., That for the services which may be rendered after the passage of this act by the registers and receivers of the several land offices of the United States, in carrying out the provisions of the ninth section of the act of the 11th of February, 1847, entitled An act to raise for a limited time an additional military force, and for other purposes,' they shall each be entitled to require from the holders of warrants issued under that act for one hundred and sixty acres, the sum of fifty cents for each, and from the holders of warrants issued under the same law for forty

acres, the sum of twenty-five cents for each, as full compensation for their services: Provided, That in all cases where a warrant is located by and for the use of the volunteer or soldier to whom such warrant may have issued for services under the act aforesaid, no compensation shall be charged either by the register or receiver for making such location."

Mr. UNDERWOOD. I will state to my friend from Virginia, that the committee very thoroughly considered the subject, and came to the conclusion that fifty cents was not an adequate compensation; they therefore enlarged the compensation, and at the same time put in a limit, as you will perceive that the compensation is not to exceed the maximum allowed by law. It may not come up to that.

Mr. HUNTER. What is that maximum?

Mr. UNDERWOOD. It is three thousand dollars. The statements that came before the committee in our deliberations were, that it gave more trouble to make these entries, and locate these military bounty lands, than to grant a certificate upon cash payments. It was stated that the labor was greatly enhanced, and that fifty cents was not a sufficient compensation. Therefore we gave the compensation which is here stated, and put a limit to it. The committee thought that a sufficient guard to secure the interest of the Government, at the same time that it would allow these officers a sufficient compensation. It was all thoroughly considered in the committee, and I hope it will be allowed to stand as the committee have arranged it.

Mr. WALKER. If the amendment be adopted will it be in order to move to amend it?

The PRESIDENT. It will not be in order to move to amend it until it is reported to the Senate.

Mr. DOWNS. I have an amendment to offer to meet certain cases, for which I see the bill does not provide. At the last session of Congress there was a clause inserted in the civil and diplomatic appropriation bill, which I certainly did not notice at the time, and which, perhaps, no member of the Senate noticed, which operates very inju riously upon a certain class of holders of bounty

land warrants. The effect of it is to exclude them from the application of such warrants in payment of their preemption, 'even where they are the original holders of the warrants. It is operating with very great injustice, as I know. I have known cases where the original holders could not enter upon land on which they resided, in consequence of this proviso. I wish therefore to offer an amendment, which is, merely to repeal this restriction, so as to leave the law as it was before the adoption of this proviso, and allow them to locate on lands which they have settled upon, on payment of their preemption. It certainly is an act of great injustice, to say that the homestead on which they have made many improvements may be taken from them, with the bounty land warrant in their hands, and that they cannot locate upon their own homestead. The proviso which I desire to have repealed is as follows:

"Provided, That no land bounty for military service granted by the act of twenty-eighth September, one thousand eight hundred and fifty, entitled' An act granting bounty land to certain officers and soldiers who have been engaged in the military service of the United States, or by virtue of any other act of Congress heretofore passed, granting land bounties for military services shall be satisfied out of any public land not heretofore brought into market, and now subject to entry at private sale under existing laws."

Now the only object of that proviso is, not to allow the old soldiers, who hold these bounty land warrants, to enter this preemption before the land is subject to public sale; to let it stand and come into competition with other lands. I hope it will be repealed, and for that purpose I offer the following amendment:

Provided, That the proviso in the civil and diplomatic appropriation bill of the year 1850, which restricts the location of bounty land warrants not heretofore brought into market, and now subject to entry at private sale under existing laws, be, and the same is hereby repealed.

That will leave it just as it was before. I would say that the objection which is made, is not valid, in my opinion. If I understand it rightly, the land warrants were not assigned for the payment of the preemption; but while held by the original holders they could be so received. That was the law before this amendment was made. If gentle men wish to make it more specific, I am willin S that it should be limited to the holders or the T heirs; but I wish that the holders themselves maj have the right to enter their preemption with thes bounty land warrants.

Mr. WALKER. I would not have the leas!

objection to the amendment offered by the Senator from Louisiana, if it were to have only such an effect as he intends or has expressed himself as intending. If he will draw up an amendment which will give to the preemptor the right to hold the land on which he has settled, I will go with him. But I can tell the Senator what will be the effect of his amendment. He will find that these land warrants will be held in large numbers by persons in anticipation of some new tract of country for which we have just paid the Indians, being opened for sale; and as soon as it is in market you will have them coming in with their warrants to take up the whole of it, and thus prevent the Government from selling a single dollar's worth for money. I am in favor of such an amendment as the Senator appears to intend—that is, to give to the preemptor the right to obtain his title to his land by this depreciated paper currency, as well as to enable others to get it away from him. Now, if the operation of the proviso in the act to which the Senator has referred is as he has described it, it is only consistent with the whole system. The design is not to facilitate settlements, or to aid those who are disposed to settle to make a location. That is not the object; and if there were an express proviso in the law declaring that no settler should have his title by a land warrant, it would be in perfect keeping with the whole system. The effect of this amendment would only be to enable speculators to buy up these warrants, and the Senator from Louisiana indicates the most unsophisticated innocence if he supposes it would have any other effect. The whole object of the bounty land system is the very contrary of what the Senator would seem to suppose it. It is not to give the land to the settler, but to the speculator. If the Senator from Louisiana saw this matter in its proper light, he would see that the provision of the bill to which he has referred is perfectly consistent with the whole system, and that Senators would be acting very inconsistly if they sought for its repeal.

Mr. DOWNS. The Senator from Wisconsin has attributed to me a good deal of "unsophisticated innocence," [laughter.] There is very little doubt that I am not more innocently unsophisticated than himself. There might, indeed, have been some doubt on that point until the gentleman replied to the proposition which I made, and that was that the practice of the land office before this provision was passed was to prevent all the evil which the gentleman preaches so strongly against, because, as I stated before, they did not allow the assigned warrants to be located in payment of preemption except in the hands of the original owners. It is not because I wished to make any change in the law as it formerly existed that I have introduced this amendment. I am not aware of any complaint of the practice under that law, but it is because I have found in my communication with my constituents the actual holder of these bounty lands in danger of having his preemption taken from him unless he could prove it up before public sale. I repeat again, that my only object is to restore the law as it was before, and I do not care whether these transferred warrants can be located on preemptions or not. No, Mr. President, if I was not so "unsophisticated as the gentleman from Wisconsin seems to suppose, I could readily show how the assignment of land warrants could benefit other men as well as speculators. I understand that the gentleman is a great advocate for homesteads and homestead exemptions, and for giving the public lands to actual settlers. Now it may appear to him very "unsophisticated," but it does not to me, that if you fix the law so that a settler can get land at a little less than the Government price and secure his settlement upon it, it might, peradventure, operate not altogether in favor of the speculator alone, but in favor of those very settlers whom the gentleman has made such a noise about. You wish to give the settlers their rights; and when we wish to make these warrants assignable when we know they will be sold under par, the cry is raised that they are to go into the hands of the speculators. "Oh, no," the gentleman replies, "that is not my thunder; that is not my scheme; and therefore it is very unsophisticated to suppose it."

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I go for facilitating, in every possible and legal manner, the entry of their preemption rights by the settlers; and when I see that these warrants may be sold under par, and that the settler may

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be enabled to get his one hundred and sixty acres of land for less than he would by the payment of cash-and I know that the original holders of the warrants can do it-I am in favor, and if I had the office of an agent myself, I would be in favor of the free payment of these warrants. But does the gentleman oppose the assignability? Does not the original law say that they may be assigned? But the question of their assignability is not now I am not particular about the form, but as that provision did the evil, I thought the most effectual way was to eradicate it; and I think so yet.

before us.

Mr. WALKER. I am really very sorry that my manner should have led the honorable Senator from Louisiana to suppose that I meant to speak disrespectfully of him in the least; nor do I know by his words that he deems me as speaking disrespectfully, but I judge so from his manner only. Now, I said to him and to the Senate, that I was with him in his amendment, provided that this bill making land warrants assignable was to pass. And while I am with him in that amendment if the bill is to pass, I want the preemptor to be on an equal footing with the speculator. Hence I am with him; and what I meant, in speaking of his innocence in regard to this whole system, was intended as a compliment; for I intended to excuse him, as one of those who were not guilty of the scheme which thus favors the speculators.

Mr. DOWNS. I did not so understand the Senator.

Mr. WALKER. It is what I really meant, and I do believe that if there be a man who is really innocent of any design to aid the speculators, the honorable Senator from Louisiana is the one, for I have never seen him operating in any way to favor them. I meant what I said as a sort of satire upon the system of issuing land warrants at all, and not upon the Senator from Louisiana. I will state again that my reason for favoring his amendment is, that the preemptor may be on an equal footing with the speculator if this bill shall pass. The Senator is right. The bill in its present form will cut out the preemptor, and will not allow him to get lands for $1 25 per acre, while the speculators will get them under this depreciating system for less than half that sum. I will suggest to the Senator, that he should offer an amendment providing that this provision of the appropriation bill of the last Congress shall not extend to persons who desire to have secure titles to land on preemption. I think the Senator may thus accomplish his object, and secure an end which is desirable.

Mr. GWIN. Although the amendment of the Senator from Louisiana may not be exactly in form, certainly the principle contained in it ought to be adopted. If that provision in the civil and diplomatic bill be not repealed, there is not a single citizen of California who can get any bounty land, because there is not a foot of land surveyed there upon which a location could be made. I presume there is not a State in the Union in which there are more persons entitled to land warrants than in California. Citizens who were in the last war, are living there. They cannot get any land there unless the provision of the civil and diplomatic bill be repealed. I hope it will be repealed.

Mr. ATCHISON. I will make a suggestion which I think will meet the object of the Senator from Louisiana. If I understand the Senator, his object is this: That a person entitled to a preemption right, shall have the privilege of paying for the preemption right to one hundred and sixty acres or eighty acres, as the case may be, with a land warrant. Why not say so at once in direct terms? Why not say that these land warrants shall be receivable at the different land offices in the United States, in payment for preemption rights? By doing that you will get through the difficulties suggested by the Senators from Wisconsin and California, for most assuredly the effect would be to allow the location of land warrants. If this amendment be adopted in its present terms, it will open all the public lands to these land warrants, whether they have or have not been offered heretofore by the Government for

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of the public lands to these land warrants, all over the country in every direction. Why not? I am asked. Because, if speculation will be carried on, as has been maintained by the Senator from Wisconsin, [Mr. WALKER,] it would give speculators an opportunity of withholding the location of the warrants with the view of entering not only into lands which are now open but which may hereafter be opened. I am not willing to open the public lands thus. I do not think it would be good policy. But I am willing, according to the suggestion of the Senator from Louisiana, to allow the preemptioner to pay for his lands in these warrants, and with that view I have prepared in haste the following amendment. If acceptable it can be used. It is to make an additional section:

Be it further enacted, That it shall be lawful for any assignee of any land warrant, who is entitled to preemption, to pay for such preemption in whole or part with the warrant or warrants he or she may hold as assignee, anything in a former law to the contrary notwithstanding.

Mr. DOWNS. That would meet the object, with the exception that there is an omission in it. It gives the assignee power to pay with the warrant, but does not give the original holder that power. By inserting the words "holder or" before assignee, it would meet the purpose.

Mr. UNDERWOOD. Make it "warrantee or assignee," then.

Mr. DOWNS. But I have drawn up an amendment, in accordance with the suggestion of the Senator from Missouri, which I think covers the whole point. It may come in as a proviso to the first section:

Provided, That any actual settler entitled to preemption may enter his preemption or any part thereof with said land

warrants.

That confines it either to the original holder or assignee. I therefore withdraw my other amendment and offer this.

Mr. FELCH. It seems to me that it would be better, in carrying out the object the Senator has in view, to provide that any land warrant might be used in paying for any land subject to preëmption, at the rate of $1 25 per acre, for the preemption right may attach itself to different sub-divisions, and then there will manifestly be a difficulty. If it is less, the balance of the warrant cannot, under the present law, be located elsewhere. Í would suggest to the Senator from Lousiana to put his amendment in that shape, that in paying for any land to which a person has a preemption right, he shall be at liberty to use any warrant he may have, at the rate of $1 25 per acre.

I will say one word in reference to the other provision referred to. The difficulty which the Senator from Louisiana wishes to obviate, does not arise from the provision which it was proposed by his first amendment to repeal. It arises from other laws altogether. In the first place, it arises from the law giving preemption right, which requires a person having such a right to pay in money for his land in a specific time; and then from the bounty land law, which specifies the land upon which the location shall be made; so that the repeal of the provision referred to would not effect his object. If the amendment were adopted, it would leave the proviso, which it is proposed to repeal, standing as it does now. I would suggest to the Senator to adopt the following, in place of his amendment;

Provided, That any person entitled to preemption right to any land, shall be entitled to use any such land warrant in payment for the same, at the rate of $125 per acre for the quantity of land therein specified.

Mr. DOWNS. I will accept that.

Mr. GWIN. Suppose one of the holders of these warrants is not entitled to preemption, can he locate his land under that proviso?

The PRESIDENT. Upon any land subject to private entry.

Mr. GWIN. Is that all? That cuts off a very large class of persons who are entitled to their warrants, but are in sections of country where there are no lands subject to private entry. There is not an acre on the Pacific coast subject to private entry, and will not be for years.

The amendment to the amendment was adopted. Mr. DODGE, of Iowa. I offer an amendment, to come in at the latter part of the bill:

SEC. And be it further enacted, That if any officer or soldier, entitled under the act of September 28, 1850, shall have died since the passage of said act, the right accruing under said acts to said officer or soldier shall survive to his heir or heirs at law, anything in said act to the contrary notwithstanding.

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