promulgated in the Washington Union, and before the people too. And by the by, without meaning the slightest disparagement to the gentleman from North Carolina, or his constituents, I will say, that I was elected by a constituency equal in intelligence with those of the gentleman to whom I propose, briefly, to reply. Now, I ask, what terrible thing has Donelson & Armstrong done? What breach of the law have they been guilty of, that they are to be condemned here, in connection with the resolution now under consideration? Why, they have been teaching consolidation! They have been teaching Federalism! Now, I put it to gentleman upon this floor, Have the editors of that paper been engaged in teaching federalism, or consolidation? or have they only departed from the gentleman's particular views of these things? To be more explicit, have they departed from the text, or from the gentleman's commentary upon the text? I wish to know that. While the gentleman charges upon that paper the inculcation of such sentiments as have fallen from his lips to-day, I desire to know if it may not be possible that he, too, might possibly be mistaken with regard to the true and orthodox doctrines of the Democratic party? Who are Donelson & Armstrong? I never heard them charged as Consolidationists and Federalists until 1851. Never! Mr. ORR. I call the gentleman to order. [Cries of "Go on!" "Go on!"]

Mr. ORR continued. I hope the gentleman will be allowed to proceed in discussing the resolution before the House; but it seems to me this debate would be much more appropriate in Committee of the Whole on the state of the Union.

A MEMBER. Then let us go into Committee of the Whole on the state of the Union.

The SPEAKER. The Chair was not disposed to arrest the gentleman from Mississippi [Mr. NABERS] in the course of his remarks; but it certainly is not in order to discuss the subject proposed to be discussed by that gentleman. His remarks, in the opinion of the Chair, are irrelevant to the subject.

Mr. FREEMAN. I move that the gentleman have liberty proceed.

Mr. McMULLIN. I ask the gentleman from Mississippi to give way in order for me to move an adjournment.

[Cries of "Oh no!" "Oh no!"]

Mr. McMULLIN. I desire to inquire of the Chair if this matter will not come up to-morrow again?

The SPEAKER. It will come up as unfinished business.

Mr. McMULLIN. Then I move that the House do now adjourn.

The motion was agreed to; and
The House adjourned till twelve o'clock to-

morrow.

NOTICE OF A BILL.

Mr. WASHBURN gave notice of his intention to introduce a bill entitled "An act for shortening the transit of the mails between New York and London."

PETITIONS, &c.

The following petitions, memorials, &c., were presented under the rule, and referred to the appropriate committees: By Mr. JOHN W. HOWE: The petition of E. F. Curtis, of Pennsylvania, praying Congress to pass a law making land warrants under the act of 1850 assignable.

Also, two petitions from sundry citizens of Butler and Beaver counties, Pennsylvania, praying Congress to estabsh a post route from Butler county to New Brighton, in Beaver county, via Petersville, Evansburg, Zelienople, and William Butt's Store.

By Mr. PORTER: Five petitions, signed by over three hundred citizens of Marion, Shelby, and Macon counties, Missouri, asking the establishment of a post road from Hannibal to Bloomington, via Warren, Oak-Dale, Shelbyville, &c.

By Mr. GOODRICH: The petition of E. P. Day and others, for an appropriation to defray the expenses incurred by contributors of articles from the United States to the Industrial Exhibition in London.

By Mr. ROBINSON: The proceedings of a public meeting of citizens of Lawrenceburg, Indiana, praying a division of Indian Territory southwest of Missouri river, and for defining the limits of Nebraska, and for other purposes. Aso, the petition of Thomas Hamilton, John C. King, and others, of Decatur county, Indiana, praying for the establishment of international arbitration, &c.

By Mr. JOHNSON, of Tennessee: A preamble and resolutions bearing the following title, viz: "Land Reform." Resolutions adopted at a public meeting of the inhabitants of the county of Dearborn, State of Indiana, convened in the town of Aurora, in the said county, on the 16th day of January, 1852, recommending a reform in the land laws of the United States, and that the public lands be granted in small parcels to actual settlers for cultivation, free of exaction by the Government.

By Mr. HORSFORD: The petition of sundry citizens of Ontario county, New York, praying for an appropriation to reimburse to individual contributors to the Industrial Exhibition at London, the expenses which they have been obliged to pay.

By Mr. BRIGGS: The memorial of Walter R. Jones and others, asking Congress for the immediate establishment of a Mint of the United States in the city of New York; to gether with a statement of the amount of gold bullion received at the port of New York from California during the year 1851.

By Mr. EDGERTON: The petition of Nathan Averill for a grant of land.

Also, the petition of citizens of Henry county, Ohio, for a mail route from Kalida, Ohio, to Adrian, Michigan.

Also, the petition of citizens of Williains county, Ohio, for a mail route from Bryan, via Nimrod, West Buffalo, and Lakes Corners, to Nettle Lake.

Also, the petition of Amiable Brileau for remuneration for losses in the Revolution, as a refugee from Canada, and for a grant of land.

By Mr. GAYLORD: The petition of E. G. Coulson, and 240 citizens of Morgan county, Ohio, asking for the unconditional repeal of the fugitive law.

By Mr. McLANAHAN: A petition from citizens of Union and Perry counties, Pennsylvania, desiring the establishment of a post route from Millestown, Perry county, to Mullinsburg, Union county.

By Mr. FOWLER: The petition of C. P. Stickney and 616 others, legal voters of Fall River and Taunton, in Bristol county, Massachusetts, praying for the passage of tariff laws for the benefit of American citizens.

By Mr. APPLETON, of Maine: The petition of Ebenezer Evans, for increase of pension; and

Also, the petition of the children of Joseph Dale, for a pension.

By Mr. ASHE: The petition of Thomas F. Ganse, praying for additional compensation, as deputy marshal, to take the Census.

IN SENATE. TUESDAY, January 27, 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 the resolution of the Senate of the 22d instant, a copy of a letter from Colonel Benjamin Huger to General George Talcott, bearing date at Fort Monroe Arsenal, November 5, 1850;" which was read and referred to the Committee on Military Affairs.

The PRESIDENT pro tempore laid before the Senate a communication from the Treasury Department, containing a statement of the Marine Hospital fund for the fiscal year ending June 30, 1851; which was read.

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

Mr. BADGER presented the memorial of Robert Burns, assistant marshal of the county of Davidson, North Carolina; the memorial of R. B. Morisey, assistant marshal of the county of› North Carolina; the memorial of Thomas F. Gause, assistant marshal of the county of New Hanover, North Carolina; the memorial of Richard Fauntle, assistant marshal of the county of Chatham, North Carolina; the memorial of R. Barnes, assistant marshal of the county of Jones, North Carolina; the memorial of H. Currie, assistant marshal of the county of Robeson, North Carolina; the memorial of Edward Vail, assistant marshal of the county of Sampson, North Carolina; the memorial of Charles W. Lee, assistant marshal of the county of Johnston, North Carolina; the memorial of John D. Hawkins, jun., assistant marshal of the county of Franklin, North Carolina; the memorial of John P. Pitt, assistant marshal of the county of Edgecomb, North Carolina; and the memorial of P. A. Jones, assistant marshal of the county of Granville, North Carolina; praying additional compensation for taking the Seventh Census; which were referred to the Committee on the Judiciary.

The PRESIDENT pro tempore laid before the Senate the memorial of Charles Bingham, United States marshal for the southern district of Alabama, and his assistants for taking the Seventh Census, praying additional compensation; which was referred to the Committee on the Judiciary.

Mr. BERRIEN presented a petition of the Bar of Georgia, praying that the salary of the district judge of the United States for that State may be increased; which was referred to the Committee on the Judiciary.

Mr. FISH presented the memorial of George Griswold and others, citizens of New York, praying the establishment of a United States Mint in that city; which was referred to the Committee on Finance.

Mr. BRADBURY presented the memorial of Cornelius Vanderbilt, proposing to contract for carrying the mail between New York and San Francisco twice a month by the Nicaragua route; which was referred to the Committee on Naval Affairs.

Mr. MALLORY submitted documents in support of the claim of W. F. Russell to indemnity for property destroyed by the United States troops in Florida; which was referred to the Committee of Claims.

Mr. SHIELDS presented the petition of the heirs of Elisha Merriman, a revolutionary soldier, praying a pension; which was referred to the Committee on Pensions.

Also, the petition of Joseph Smith, sen., praying compensation for services rendered and supplies furnished the United States in the Black Hawk war; which was referred to the Committee of Claims.

Also, the petition of Orris Crosby, praying an increase of pension; which was referred to the Committee on Pensions.

Mr. SOULE presented the petition of the German Society of New Orleans, praying that the transportation of passengers on steamboats on the western waters may be regulated by law; which was referred to the Committee on Commerce.

PAPERS WITHDRAWN AND REFERRED.

On motion by Mr. DAVIS, it was

Ordered, That the petition of Caroline L. Eustis, on the files of the Senate, be referred to the Committee on Revolutionary Claims.

On motion by Mr. DAVIS, it was Ordered, That the petition of Silas L. Loomis, on the files of the Senate, be referred to the Committee of Claims. On motion by Mr. PEARCE, it was Ordered, That the petition of Hans Nelson, on the files of the Senate, be referred to the Committee on Naval Affairs.

REPORTS FROM STANDING COMMITTEES.
On motion by Mr. SHIELDS, it was

Ordered, That the Committee on Military Affairs be discharged from the further consideration of the memorial of the Oneida Indians, and that it be referred to the Committee on Public Lands.

On motion by Mr. SHIELDS, it was

Ordered, That the Committee on Military Affairs be discharged from the further consideration of the memorial of John M. McIntosh, and that it be referred to the Committee on Public Lands.

Mr. WADE, from the Committee of Claims, to whom was referred the petition of Lieutenant John H. Patterson, reported "That the prayer of the petition ought not to be granted."

He also, from the same committee, to whom was referred the petition of José Baya, reported, "That the prayer of the petition ought not to be granted."

Mr. FOOT, from the Committee of Claims, to whom was referred the petition of Phoebe Glover, submitted an adverse report; which was read.

Mr. BAYARD, from the Committee of Claims, to whom was referred the petition of Joseph Hill, submitted an adverse report; which was ordered to be printed.

Mr. MALLORY, from the Committee on Naval Affairs, to whom was referred the petition of John M. Simonton, submitted a report, accompanied by a bill for his relief.

The bill was read and passed to the second reading.

Mr. FISH, from the Committee on Naval Affairs, to whom was referred the petition of John mitted a report, accompanied by a bill for the relief S. Devlin, administrator of Elijah J. Weed, subof the securities of Elijah J. Weed, late Quartermaster of Marines, deceased.

The bill was read and passed to the second reading.

Ordered, That the report be printed.

Mr. FOOT, from the Committee on Pensions, to whom was referred the petition of Nancy Wright, submitted a report, accompanied by a bill

for her relief.

The bill was read and passed to the second reading.

He also, from the same committee, to whom was referred the petition of N. Kuykendall, submitted a report, accompanied by a bill for his relief. The bill was read and passed to the second reading.

Ordered, That the report be printed.

Mr. DAWSON, from the Committee on Military Affairs, to whom was referred the memorial D. D. Mitchell, submitted a report, accompanied by a bill for the relief of Lieutenant Colonel Mitchell, of the State of Missouri.

The bill was read and passed to the second reading.

Ordered, That the report be printed.

Mr. STOCKTON, from the Committee on Naval Affairs, to whom was referred the memorial of Wm. A. Christian, submitted a report, accompanied by a bill for his relief.

The bill was read and passed to the second reading.

Ordered, That the report be printed.

Mr. NORRIS, from the Committee on Foreign Relations, to whom was referred the petition of G. Thomas Howard, reported a bill for his relief. The bill was read and passed to the second reading.

NOTICE OF A BILL.

Mr. FISH gave notice of his intention to ask leave to introduce a bill for the relief of William Bedient, late a sergeant in the 4th regiment of artillery.

BILL INTRODUCED.

Mr. CLEMENS, agreeably to previous notice, asked and obtained leave to introduce a bill to extend the benefit of the act to regulate intercourse withe Indian tribes, and to preserve peace on the frontiers, approved the 30th of June, 1834, to the people of the State of Texas, and others; which was read a first and second time by its title, and referred to the Committee on Indian Affairs.

On the motion of Mr. WHITCOMB, the bill introduced by him yesterday, entitled "A bill granting the right of way and making a grant land to the States of Indiana, Illinois, and Iowa, in aid of the construction of a railroad from Wabash to the Missouri river," was read a second time and referred to the Committee on Public Lands.

GOVERNMENT WAREHOUSES.

Mr. HUNTER submitted the following resolution for consideration; which was considered by unanimous consent, and agreed to:

Resolved, That the Secretary of the Treasury be directed to report to the Senate the number of public warehouses now leased by the Government, the places where leased, the periods for which they are leased, the terms upon which they are leased, and the amount expended upon them for labor and other purposes.

LIBRARY OF CONGRESS.

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

Resolved, That the Committee on Public Buildings be instructed to inquire into the expediency of enlarging, repairing, and refitting the principal apartment heretofore occupied by the Library of Congress, so that it may be entirely fire-proof and capable of further extension in harmony with the general plan of the Capitol, upon the removal of the Senate and House of Representatives and their offices to the wings of the Capitol.

NAVAL APPOINTMENTS.

Mr. HALE submitted the following resolution for consideration:

Resolved, That the Committee on Naval Affairs be instructed to inquire into the expediency of providing by law that appointments in the naval service of the United States shall hereafter be for a limited time, which shall be expressed in the commissions.

CAPTAIN WILLIAM K. LATIMER. The Senate, on the motion of Mr. HALE, proceeded to consider the following resolution, reported from the Committee on Printing:

"Resolved, That two thousand additional copies of the charges and specifications, before the court of inquiry against William K. Latimer, a captain in the Navy of the United States, and the accompanying papers, which were ordered to be printed, be printed for the use of the Senate."

Mr. BORLAND. I simply wish to call the attention of the Senate to the character of that resolution. The proceedings of the court of inquiry, in the case of Captain Latimer, were called for by a resolution of the Senate, and when they were received they were referred to the Commit

The

tee on Naval Affairs. The usual number of copies of those papers was ordered to be printed for the use of the Senate, on the recommendation of the Committee on Naval Affairs. This is a proposition to print two thousand additional copies. Committee on Printing directed me to report in favor of the resolution, and I have done so. My opinion, however, as an individual Senator is, that the resolution ought not to be adopted. I say this without reference to the merits of the question involved in the papers, but simply because I think it is contrary to the rule usually acted on, that is, to refuse to print additional numbers of copies of papers of this sort. They relate, as I understand it, simply to a personal quarrel between individuals, and the printing of the papers will be, to that extent, taking a part by the Senate in the quarrel. No public interest, that I can see, is to be advanced by the publication. If the parties desire that the public should be more generally informed on the subject, let them print these copies at their own expense, and send them out to the

country.

Mr. HALE. I ask the attention of the Senate,

and I will not occupy its time for five minutes. Í have read these papers. They relate to two of the most important questions that can come before the Senate. They relate to the government of the Navy. They relate to the rights of junior officers, under alleged oppression by their superiors. It must be manifest to everybody that they are questions of high interest. I do not pretend to pass an opinion upon the merits involved in the case; but I tell the Senate, that these papers relate vitally, to the rights of every junior officer under a superior. And what strikes my mind with more force is, they relate to the rights of every private seaman in the Navy of the United States. They have been submitted to the Naval Committee, and ordered to be printed. The usual number has been ordered to be printed; and it seems to me, on questions of this magnitude, if we have a report of the Committee on Printing, it is but a small matter to print two thousand copies of an official document, relating to the most vital questions that affect the American Navy, and not, as I understand, to a mere private and personal quarrel.

Mr. ATCHISON. I have but one word to say in relation to this matter. I suppose this document was communicated, in the first place, for the action of the Senate, and ordered to be printed for the use of the Senate. In addition to that, it is now proposed to print two thousand extra copies for distribution. For whose information are these two thousand copies to be printed? Is it for the information of the American people at large? Or is it for the information of a few select individuals, outside of the Senate Chamber, outside of the walls of Congress? I would like these questions to be answered.

If this is a question for the action of the Senate, it is proper and right that the document should be printed, in order that each Senator may examine it for himself. But I can see no earthly good to be effected by printing these additional numbers. I do not know what portion of the community is to be enlightened by the printing of two thousand additional copies of this document. If it is a document of high importance; if it is one in which the American people feel a deep interest, ten thousand or twenty thousand copies should be printed. It seems to me that the motion does not go far enough, on this account. The fact that the resolution only proposes to print two thousand copies satisfies my mind that it is for the purpose of distributing this document among a very few. I have not read the document, and from what has been said of it, I cannot conceive that it would be of the least interest to any portion of the people of the State of Missouri. It may be of interest to the officers of the Navy, for aught I know. It may be of interest to persons connected with the Navy. If so, ascertain the number actually necessary, and place them at the disposal of the Secretary of the Navy, for distribution. For my own part, I do not desire to be troubled with documents of this character. If this resolution should be adopted, I suppose my distributive share would be one sixtieth part of two thousand. What disposition to make of such a number I do not know.

Mr. HALE. I am exceedingly sorry to meet this opposition. I believe that yesterday we ordered five thousand extra copies to be printed of the geological survey of the State of Iowa. That

is a matter certainly more local than this. We have printed extra copies of documents about everything under heaven; and, not satisfied with printing documents about everything under heaven, we have gone into the clouds, and printed extra numbers of documents containing speculations upon storms, for whose information I know not; for the action of what body I know not.

If the Senate will look into this document, they will find it as I stated, it relates to vital and important questions pending before the country: the rights of junior officers under superiors, and the rights of sailors. I carefully avoided, when I was up before, expressing any opinion on the merits of the controversy involved in this case, because it seems to me, that if there ever was a single document that ought to command the respectful consideration of the Senate, and ought to induce them to print such a number of copies as would enable this question to be understood, it is this one, which relates to the rights, the interests, the protection, and guardianship of a class of American citizens, who are without protection, and without guardianship, if they do not find it in the legislation of Congress. I refer to the sailors. The question of their rights is before the Senate. Here is a document containing the proceedings of a court of inquiry, touching that very matter. Here is a report showing what the action of the Government has been on that very question. Here is a report which shows the construction which the head of the Department puts upon the administration of the law in that particular. Upon a question of this sort, when we ask to have such a document printed, it is objected to. The honorable Senator from Missouri finds fault that we have not asked for a larger number. Perhaps if I had been brought up in a larger part of the country, where the boundaries of States are larger, and the rivers are larger, and everything is larger, I might possibly have inculcated larger ideas, and asked for the printing of ten thousand copies; but I come from a modest part of the country; and, therefore, when I ask for the printing of a small number of copies, I hope that this fact may not be made to prejudice the claim which I make, if it is small.

Mr. BERRIEN. Mr. President, assuming that this document contains those important questions, which it is said by the Senator from New Hampshire are embraced in it, his argument is perfectly conclusive to prove that the Senate ought to inform themselves of the contents of these papers. If they really do involve questions which are important to the rights and interests of officers of the Navy, and of the sailors belonging to that arm of the country's service, it behooves the Senate to inform themselves of these questions; and if

be necessary to regulate their legislating according to the information which is communicated, it is the duty of the Senate to require that they should be printed. But the argument of the Senator from New Hampshire does not proceed a single step, unless we mean, according to what seems to be the propensity of the day, to look beyond this Senate Chamber for legislation, and invoke instruction from without. I do not perceive that there is any, the slightest ground, for the expenditure which is proposed to be incurred on this

occasion.

Relying upon the statement of the Senator from New Hampshire, I should think it my duty to adhere to the original recommendation of the Committee on Naval Affairs. Upon the recommendation this document was printed for the use of the Senate; and I intend to inform my. self of its contents for the guidance of my judg ment; but I do not feel that I am under any obligation to distribute two thousand copies of this document among the people of the United States to invoke their aid in the formation of my opinion. I am opposed to the resolution.

Mr. PEARCE. I should like to know whether it is proposed to publish not only the charges and the finding of the court, and the opinion of the Secretary of the Navy, but also the evidence in

the case?

Mr. PEARCE. It may possibly be necessary for the vindication of the officer charged, that his defence should be printed with this document. I cannot tell what ought to be printed until I see the papers. Unless we can know exactly the state of the case, I am opposed to this printing.

Mr. BORLAND. I will state to the Senator that the resolution does not propose to publish the testimony at all. It leaves out a large portion of the report, and it seems to me that if the purpose is to enlighten the public in regard to the matter, the whole of the proceedings and testimony should be published. We should thus involve the publication of a very large book, for this is one of the largest documents that has ever come before us. Mr. HALE. How large a pamphlet will this

make?

Mr. RUSK. I should have voted against this proposition at any rate, believing it entirely useless to add to our expenditure and delay other necessary printing. But when I learn that the testimony upon which the papers were founded is to be left out, I certainly cannot be guilty of such gross injustice towards this officer, who seems to be assailed by the Senator from New Hampshire, of putting part of the proceedings before the community and leaving out the testimony. I cannot consent to publishing only that objectionable matter which I understand the Senator from New Hampshire to desire to spread out before the country, certainly not for the information of the country. The ordinary number-some three hundred copies-have already been printed for the use of the Senate. I do not wish the inflammable matter to which the Senator alludes sent out as part and parcel of the proceedings, for I consider that this document will be inflammable matter without the testimony upon which the findings of the court were made.

Mr. HALE. The Senator from Texas misunderstands me entirely if he understood me as assailing any officer. I stated expressly that I would not state my opinion on the merits of the case one way or the other.

Mr. RUSK. Did not the Senator say that he desired to place before the country the construction placed upon the law by the Secretary of the Navy?

Mr. HALE. Yes, sir.

Mr. RUSK. If that is not conveying an insinuation against an officer, I misunderstand language.

Mr. HALE. I think the Senator will be at a loss to find for whom censure is intended or implied. I said that here was the construction which I understood the Secretary of the Navy to put on the administration of that part of the law. I carefully avoided expressing any opinion, and, indeed, I cannot say that I have any opinion on the merits of the particular controversy involved in this case. I only say that the Senate should act informedly on the matter. I have no interest in this matter. I have no friend involved in it at all.

Mr. MANGUM. This is a very small matter. I am opposed to the publication of this additional number of copies of this document, and I wish to call the attention of the Senate to the history of the Committee on Printing. Sir, that committee was raised for the purpose of diminishing unnecessary and extravagant expenditure in regard to the public printing; and the first year it was in operation, of an equal session with the session preceding of the same length, the expenditure for the public printing was reduced from $39,000 to $14,000. I regret to see that we are running into ancient extravagance. I think we ought to adhere to the recommendation of the committee in most cases, especially when they refuse to publish additional numbers of these documents. We print a vast deal of matter here that is of no interest to anybody. As far as is necessary for our legislation here, we have already printed the usual number of these documents. On

questions of this sort, involving flogging in the Navy and discipline generally, it may be a desire to scatter such a document in some portions of the country to produce agitation and to annoy Senators with petitions on the subject of which the petitioners know very little practically. I hope the Senate will refuse the printing of these additional copies.

The resolution was rejected.

NAVY-YARD AT SAN FRANCISCO. On the motion of Mr. BADGER, the Senate

proceeded, as in Committee of the Whole, to consider the bill to establish a navy-yard and depôt on the Bay of San Francisco, in California, and for other purposes.

Mr. BADGER stated that his object in calling for the consideration of this bill was, that he might have the opportunity to submit several amendments for the purpose of having them printed.

The amendments having been submitted, On motion by Mr. GWIN, the further consideration of the bill was postponed till to-morrow.

FRENCH SPOLIATIONS.

Mr. BRADBURY. I desire to call up the bill to provide for the ascertainment and satisfaction of claims of American citizens for spoliations committed by the French prior to the 31st day of July, 1801, for the purpose of making it a special order for some future day. I gave notice, at the time I reported the bill, that I should propose to have some day assigned for its special consideration. It is a matter of so great importance that I think it should be taken up now for the purpose I have indicated.

Mr. RUSK. I think our experience with regard to the assignment of a particular day for the consideration of matters which Senators desire to be made special orders, shows that the effect is to delay them and our other business also. It promotes debate much more when bills come up out of their regular order. I think every one will agree with me, that the result has been as I have stated; and I hope, therefore, the motion may not prevail. I shall vote against it.

Mr. WALKER. I entertain the same opinion with regard to the assignment of particular days for the consideration of particular bills, which the honorable Senator from Texas has expressed. I do not intend to ask for the assignment of any particular day for the consideration of any measure in which I am particularly interested. I am willing that any bill, in which my State is specially interested, shall take its regular turn on the Ćalendar; and if it gets no action, I am willing to let it take its chance in its order. There are individual States which are as much interested in the passage of other bills as the claimants for indemnity for French spoliations are for the passage of this bill, and the representatives of these States may, with as much propriety, ask that their favorite measures shall be set down as special orders as these claimants. I hope we have got through with special orders. I agree with the Senator from Texas, that special orders provoke debate. Members come here prepared to make speeches, and their speeches touch somebody who feels bound to reply, and that reply begets another, and so the debate is continued for a long time. I hope this bill will not be made a special order, and that no other special order will be made.

was,

Mr. BRADBURY. This bill is certainly one of very great importance. It is one upon which I suppose every Senator will desire to be called to vote, and my purpose in making it a special order that we might know beforehand when the subject was to come before us for consideration. It is usual to give some consideration of this kind to bills of so much importance, involving so much general interest. I believe it will not lead to any increase of debate; but, on the contrary, that debate will thereby be lessened. I hope, therefore, that the Senate will agree to the motion.

Mr. GWIN. It is because this is a bill of great importance that I am opposed to making it a special order. I am anxious to take up the Calendar, and to clear it of all bills as they stand there in regular succession. I wish to proceed with the business of the Senate, and 1 feel assured that by refusing to make this a special order, and proceed ing with the Calendar, we shall accelerate business; because gentlemen understanding that to be the rule will push the business, in order that the particular bills in which they have an interest may

be reached at an earlier day. I have no desire to delay action upon this bill. On the contrary, I agree with the Senator from Maine that this bill is one of great importance, and I wish to have it acted upon as early as possible. But this I think will be best attained by permitting the bill to retain its present place on the Calendar, while at the same time great advantage will result to the business of the Senate generally by adopting that

course.

Mr. BADGER. Every day furnishes additional evidence of the propriety of an amendment to the rules of the Senate, which I submitted last session of Congress, and that is, that all questions in relation to the taking up of bills should be decided without debate. Now, all that I ask of gentlemen is, do not let us consume the whole day in debating whether we will take up this bill.

Mr. BORLAND. I think if nothing else had ever been said against this practice of making special assignments, there is one argument which ought to be conclusive against it. That argument has been repeated so often, that it has now become perfectly familiar to every member of the Senate, and it is, that in very many instances, more time has been consumed on the question of taking up bills than has been consumed on the merits of the bills themselves, and the question of their passage. For that reason, I think that the impolicy of continuing such a course must be demonstrated to the Senate. And, sir, there is another matter which I would mention as a reason why this practice of making special orders has been resorted to, and thus far sustained. I know of no other reason that is usually assigned for making such disposition of a bill, than that it has some special merit over other bills, and on that ground precedence is claimed for it. I suppose, however, that there is no Senator who brings forward a bill here who does not consider it as of sufficient importance to claim the speedy attention of the Senate. Now, sir, there are between fifty and one hundred important bills before the Senate at this time, and yet matters which I certainly do not consider of much importance, have been made special orders, and a day has been assigned to each of them. And what advantage do we gain by this? We certainly gain nothing in favor of the particular bill, if we are to take equally and fairly the measures which are brought forward by Senators on this floor. So far as my short experience has taught me, I am satisfied that this course of making special orders has delayed the business of the Senate, while it has done nothing to advance the progress of the particular bill, the furtherance of which it was intended to promote. Here is an illustration: How much time have we lost here this morning, in the mere discussion of whether we will take up a bill? The amendment, to which the Senator from North Carolina alluded, was not adopted

Mr. BADGER. I know it was not. Mr. BORLAND. And I have made these remarks to strengthen the remark made by that Senator, and with the view of putting a stop, if possible, to the practice of making special orders.

Mr. BELL. I have one word that I wish to say, not upon this question, because by parliamentary law it is not a debatable question, and I deny that any gentleman is able to show any parliamentary law, or anything more than a loose practice which has grown up in this body, to warrant any debate upon this question. I never knew in my experience in the other House, that debate could be extended further, except by general consent, than when a member desired to give priority to any bill, to give him the opportunity of stating his reasons why it should be taken up out of its regular order. If another member rose to speak upon the question, it was out of order for him to proceed, except by general consent. This discussion is clearly out of order, and it is clearly out of the indulgence of the body that such a practice has grown up. I know it is very difficult for you, Mr. President, to restrain members when so many desire to express their sentiments and opinions for or against a proposition of this kind; but I must maintain that it is now out of order. I have not said anything except in vindication of what I consider to be the parliamentary order of the body. If Senators choose to indulge in a licentious debate of this description, it is their own fault, but it is out of order.

Mr. BADGER. Following the example of my friend who has just taken his seat, and endeavoring

to add some reasons to those offered by the honorable Senator from Arkansas why the amendment of the rules which I proposed should have been adopted, I will not say a word about this proposition. My friend thinks he has escaped all the difficulty of an irregular debate, because he has made a speech, and did not say one word upon the question before the Senate. [Laughter. Now, I will follow his example, because I know I shall then be in order; for he says it is out of order to speak upon the question before the Senate, and you avoid all difficulty by speaking upon questions not under consideration by this body. I will follow that example, and in the first place, I beg to suggest to the Senate that our rules specify the questions which shall be decided without debate, and that I do not know any other parliamentary body whose rules can add to the number of ungebatable questions in this body; and every question, which is not by a rule of the Senate, or by the long and well-established usage of the Senate-which supplies the place of an express ruledeclared to be not debatable, is of course debatable. The right of debate exists in every case, except when it is excluded by an express rule.

Now, when my friend speaks of "licentious debate" here, I take occasion to say, that though such debate may exist in other bodies, it is totally unknown here.

I wish to say, that from the little experience we have had to-day, added to the days upon days and weeks upon weeks that have been consumed, during the five years that I have had the honor of serving in this body, in determining whether we should take up one question or another in order to give it precedence over some other, I am induced to hope that some gentleman of greater powers of pursuasion than I possess may yet introduce a a rule which will declare that the question of priority shall be decided without debate. This question ought to have been decided long since, one way or the other. If I may be pardoned for the suggestion, I will say that I see no impropriety in giving precedence to claims of this sort to which this bill refers. They are of half a century's standing, and have been discussed and rediscussed in both branches of Congress for twenty-five years, and the most able reports have been repeatedly made upon them in both Houses of Congress, uniformly favorable. The bill has once passed both Houses of Congress, authorizing their payment, and it was rejected by the Executive for three reasons, one of which was, that we were at war, and not in a situation to pay our debts. That reason has passed away. We have, according to a report made at the beginning of the session, a surplus of twenty millions of dollars, and I think this is a very good time to bring forward these claims and pass them, and show that the reason given before was true, that we needed the money for fighting and could not pay our debts; but that we now have it, and will apply it to satisfy just demands.

The PRESIDENT. The question is on postponing the special order.

Mr. BORLAND. On that question I ask the yeas and nays.

The yeas and nays were ordered.

Mr. HAMLIN. By your kindness, Mr. President, I have been allowed to take from your table the list of the present special orders, and by that list I find, first of all, the bill offered by the Senaator from Iowa, [Mr. JONES,] in relation to a grant of lands for the making of a railroad in that State. The PRESIDENT. That is the unfinished business.

Mr. HAMLIN. Yes, sir, it was a special order, and became the unfinished business. Next we have a resolution, offered by a gentleman who is no longer a member of this body-a very practical resolution, sir, [a laugh]-the resolution offered by the Senator from Mississippi, [Mr. FOOTE, on the subject of the compromise. The next is a bill to improve the navigation of the Upper Mississippi; and then another, in the shape of a joint resolution in regard to the printing of Seventh Census. Now these subjects have all been wrested from their order on the Calendar, and made special orders. I think that my friend from Arkansas, [Mr. BORLAND,] as well as my friend who sits before me, [Mr. WALKER,] both favored the propositions, making them special orders.

Mr. WALKER. You are wrong in that supposition.

Mr. HAMLIN. The Senator from Wisconsin says I am wrong. It may be so, but such was my impression. At all events, I think that those who are so devoted to the measure for giving away two millions of acres of the public land, will not deny to this class of claims which, as the Senator from North Carolina has truly said, have been of more than half a century standing, the right of being placed in an equally favorable position. I think, too, that those who have aided in this bill-and the thing is not alone, nor are those special orders without their particular friends, and I think that the early improvement of the navigation of the Upper Mississippi, and the question of the printing of the Seventh Census, are subjects of importance-may be expected to join in giving to this measure a place on the Calendar, which shall only ask the action of the Senate affirmatively or negatively, so that if adopted it may go to the House of Representatives, and be there adopted or rejected, as that body may decide. I have been one of a small minority of the whole Senate who have from time to time urged an adherence to the Calendar, so that all business may come up in its order, and on this question I have been voted down on every occasion; and I now ask, and I trust that I may ask with some confidence, those Senators who have obtained their special orders to allow this question to have a position equally favorable with their own.

Mr. BRADBURY. I desire to add to the remarks of my colleague, the statement that this bill stands next-or nearly next on the Calendar to the bill granting lands to the State of Iowa, so that, had that bill not been made a special order, this one would have followed almost immediately afterwards, and it would be doing no more than the same measure of justice that has been done to that bill, to make it a special order. It would come up at an early day, without any assignment; but we wish to see this bill taken up and acted upon, if possible, on the first day that it may be brought before the Senate for consideration. It is not my purpose to consume a long time in the consideration of this bill, and for that reason I thought it might be deemed proper to have a day designated for it, so that we might have a full Senate, and have it disposed of without unnecessary consumption of time.

Mr. BORLAND. In response to the Senator from Maine, with regard to the order of business on the Calendar, I desire to call attention to the Calendar, by which it will be perceived that the bill granting land to the State of Iowa, to aid in the construction of a railroad, is number one, and in the order of business is number twenty-two; that to provide for the ascertainment and satisfaction of claims for spoliations by the French, is number fifty-nine in the order of business, and number sixty-four in the order of bills presented to the Senate. The bill granting land to Iowa stands at the head of the list, where it stood at the beginning of the session.

Mr. HALE. It is with great reluctance that I separate myself from the friends of this measure on the question now before the Senate. I have uniformly voted for the bill, and shall continue to do so; for I believe it is one of the few cases in which I can honestly vote money out of the Treasury, because I think it is to pay honest debts. But I shall vote against the motion to take up the bill out of its order, for the reason given by the honorable Senator from Maine; for I do not want to put it in the same company with the resolution offered by the Senator from Mississippi, [Mr. FOOTE,] nor the one relating to the printing of the Census, and other measures, which have been made special orders. I have very rarely voted to make special orders; I have contended with the Senator from Maine, in a small minority to enforce the rules, and adhere to the Calendar. I shall vote against all special orders, and if the Senate will vote with me, I will vote to lay all bills on the table till they are reached in their regular order. When this bill comes up, I will give it all the support I can, but I cannot vote to take it up

out of its order.

Mr. DODGE, of Iowa. I suppose, Mr. President, that there is no more decided enemy to these French spoliation claims than I am; but the courtesy which is asked by the advocates of this bill is one which I feel bound to concede to them. I wish them to have an opportunity, at an early day, of trying the strength of this measure; and

in view of its magnitude, and the length of time that it has been pending, I shall vote for taking it up now, in order that that disposition may be made of it which is asked for.

The question was taken upon the motion to take up the bill, and resulted-yeas 26, nays 17; as follows:

YEAS-Messrs. Badger, Bayard, Berrien, Bradbury, Clarke, Cooper, Davis, Dodge of Wisconsin, Dodge of Iowa, Downs, Felch, Fish, Foot, Hamlin, James, Jones of Iowa, Jones of Tennessee, Mallory, Miller, Pearce, Smith, Soulé, Spruance, Sumner, Upham, and Wade-25.

NAYS-Messrs. Atchison, Borland, Clemens, Dawson, Douglas, Gwin, Hale, Houston, Hunter, King, McRae, Mangum, Norris, Rusk, Sebastian, Walker, and Whitcomb-17.

So the motion to take up the bill was agreed to. Mr. BRADBURY. I now move to postpone the further consideration of the bill till the first Monday of February next, at one o'clock, and that it be made the special order for that day.

Mr. FELCH. I would suggest to the Senator from Maine to postpone it for a longer period. Mr. BORLAND. There is another special order appointed for that day.

Mr. FELCH. One of the members of the committee, I believe, wishes to make a minority report. I refer to the Senator from Indiana, who is now sick. I would, therefore, suggest the third Monday in February.

The PRESIDENT. Does the Senator from Michigan make a motion to that effect?

Mr. FELCH. I will make that motion. The PRESIDENT. The question will first be taken on the longest day.

The question was then taken on the motion to postpone the further consideration of the bill till the third Monday in February; and it was decided in the affirmative.

RAILROADS IN IOWA.

The Senate then proceeded to the consideration of the special order, being the unfinished business of the preceding day, the pending question being on the amendment offered by Mr. UNDERWOOD to the amendment reported by the Committee on Public Lands to the "bill granting the right of way and making a grant of land to the State of Iowa, in aid of the construction of certain railroads in said State.

Mr. UNDERWOOD. I ask the yeas and nays on that amendment.

The yeas and nays were ordered.

Mr. HUNTER. I was not present yesterday when this amendment was offered, nor had I the good fortune to hear the speech of the honorable Senator from Kentucky, [Mr. UNDERWOOD.] If I understand the amendment it is to propose an equal distribution of the public lands among all the States of the Union.

Mr. UNDERWOOD. It proposes a pro rata distribution among States which have not received public lands, according to the population, to a certain extent. All the States omitted in that amendment which I offered have received a larger portion than the States provided for in the amendment. They are a great deal in advance of the other States already in the amount they have received, and in order to make the amount given to the States named in the amendment equal to that received by the new States, not mentioned in the amendment, I propose to give about 14,500,000 acres to the States which I have named in my amendment; the other States having received much

more.

Mr. HUNTER. I merely rise to state that I shall vote for the amendment of the Senator from Kentucky, although I shall vote against the bill, whether that amendment is adopted or not.

Mr. ATCHISON. I wish to make an inquiry of the Senator from Kentucky, and that is, why he has left out of his amendment the State of Texas? She has never received any of the public lands.

Mr. UNDERWOOD. I will state the reason, for the satisfaction of the Senator from Missouri, which operated upon me in doing so. I thought that the grant of $10,000,000 to the State of Texas, and the further grant of thirty thousand square miles of land, which she did not own, was a great deal more to Texas in land, and money too, tha we ever could expect to get for the old States, from any portion of the public lands. That is the rea son why I left it out. [Laughter.]

Mr. SUMNER addressed the Senate, in favor o the bill. A report of his speech will be found in the Appendix.

32D CONGRESS, 1ST SESSION.

Mr. FELCH. Mr. President, I desire to say something on this bill, Having reported it from the Committee on Public Lands. As the Senator

from Kentucky [Mr. UNDERWOOD] has proposed an amendment, which in point of fact changes the whole policy of the system proposed by the original bill, it becomes a matter of a great deal of importance. Before saying anything on the subject, I should like to refer to some statistics, given us yesterday in the speech of the honorable Senator from Kentucky.

If it be agreeable to the Senator from Iowa, who has charge of the bill, I would move to postpone its further consideration until the day after to-morrow, that I may have an opportunity of referring to the remarks of the Senator from Kentucky, which have not yet been published. The amendment has just been laid on our tables, and I would like to examine it. I would, therefore, suggest to the Senator from Iowa, the propriety of allowing the matter to lie over until the day after to-morrow, or some subsequent day. I move to postpone the further consideration of this subject until the day after to-morrow, (Thursday.) The motion was agreed to, and then, on motion, The Senate adjourned.

HOUSE OF REPRESENTATIVES.
TUESDAY, January 27, 1852.

The House met at twelve o'clock, m. Prayer by the Rev. Mr. BUTLER.

The Journal of yesterday was read and approved. Mr. HOUSTON. I desire to know if there is any question before the House?

PUBLIC PRINTING.

The SPEAKER. The unfinished business of yesterday is the business in order, being the report of the Committee on Printing, and upon which the gentleman from Mississippi [Mr. NABERS] is entitled to the floor.

Mr. HOUSTON. Is it not in order for me to make a motion to go into Committee of the Whole apon the state of the Union?

The SPEAKER. It will be in order, if the gentleman from Mississippi will yield the floor for that purpose; but not in order otherwise.

Mr. HOUSTON. I appeal to the House, I appeal to the gentleman from Mississippi, to permit this question to pass over until to-morrow, or some subsequent morning, and allow me to make a motion that the House go into Committee of the Whole on the state of the Union, with the view to dispose of the bill upon which debate was closed last Saturday, providing for the payment of the last installment of the indemnity to Mexico. The debate has been closed upon that bill, and all that is necessary is to go into committee, and finish it. I think it ought to be done; and therefore I feel bound, in the discharge of my duty, to make that appeal to the House and to the gentleman.

Mr. McMULLIN. I suggest to the gentleman from Alabama, [Mr. HOUSTON,] and also to the gentleman from Mississippi, [Mr. NABERS,] if it Is practicable at this stage of our proceedings to do so, to refer the subject, which comes up as a matter of course, to the Committee of the Whole' on the state of the Union. Then the object of the gentleman from Alabama can be effected; and the gentleman from Mississippi will have much more latitude in committee than he can have in the House. I desire to know of the Speaker, if it is now competent to submit the motion by the consent of the gentleman from Mississippi?

The SPEAKER. The motion to refer is in order. The gentleman from Mississippi, however, is entitled to the floor.

Mr. McMULLIN. Then I ask my friend from Mississippi to yield me the floor for the purpose of submitting that motion.

Mr. NABERS. Very well.

Mr. McMULLIN. I have obtained the consent of the gentleman from Mississippi to move that the subject be referred to the Committee of the

THURSDAY, JANUARY 29, 1852.

The SPEAKER. Yes.

Mr. McMULLIN. Then I must beg leave to withdraw the call for the previous question; and I appeal to the House, upon all sides, to allow this motion to prevail; and when the subject shall have been referred to the Committee of the Whole on the state of the Union, I hope that, by general consent, the gentleman from Mississippi [Mr. NABERS] will be allowed to proceed, and occupy the floor with a view to reply to the extraordinary speech of the gentleman from North Carolina, [Mr. VENABLE.]

Mr. VENABLE. I hope he will reply.

Mr. McMULLIN. I wish, before I take my seat, to withdraw the call for the previous question, and then make an appeal to the House to let the subject be referred as proposed.

Mr. GORMAN. I ask the gentleman if he desires to strangle the proposition, and kill it? Mr. McMÜLLIN. So far from it, I desire to have the resolution discussed, and finally passed.

Mr. GORMAN. I beg of him, then, not to persist in his motion to refer to the Committee of the Whole on the state of the Union. That would be its grave, out of which it could never be resurrected.

Mr. STANLY. Will the gentleman allow me a word?

Mr. McMULLIN. For explanation.

Mr. STANLY. The chairman of the Committee of Ways and Means [Mr. HOUSTON] is desirous that the House shall proceed with the important business of the country, and I suggest that we postpone the consideration of this printing resolution to some day next week. It will then come up again. What difficulty is there in the way to this mode of proceeding?

Mr. McMULLIN made a response not heard by the reporter.

Mr. FOWLER. I rise to a question of order. I wish to know what is the question before this House. It appears to me that all of this talk is out of order; but perhaps I do not understand the question.

The SPEAKER. The question is upon the adoption of the resolution reported by the Committee on Printing. The gentleman from Virginia

NEW SERIES....No. 26.

called for the previous question; and having withdrawn it, he is now discussing the general proposition.

Mr. FOWLER. If I understood right, he only obtained the floor by the permission of the gentleman from Mississippi, [Mr. NABERS,] to make the motion to commit the resolution. If that is So, is it in order for him to hold the floor for discussion?

The SPEAKER. It is not in order for the gentleman from Virginia to deprive the gentleman from Mississippi of the floor, who is entitled to address the committee upon the merits of the resolution.

Mr. FOWLER. I then make this question of order, that it is not in order for the gentleman from Virginia [Mr. McMULLIN] to discuss any point, and that he can only submit the motion for which the gentleman from Mississippi yielded the floor.

The SPEAKER. The Chair decides that the gentleman from Virginia obtained the floor for the purpose of submitting the motion to commit; and that if he withdraw it, he loses his right to the floor.

Mr. McMULLIN. As the result of this matter, if my motion prevails, is involved in doubt, I will, with the approbation of the gentleman from Mississippi, withdraw my motion of reference, which will entitle him to the floor.

Mr. NABERS. Mr. Speaker, allow me to say that I have no unusual anxiety to address the House. I did not desire to urge myself forward before this House, but it struck me with a great deal of force that the various attempts made to obtain the floor would indicate that gentlemen have something peculiar-some extraordinary viewsto present. There is another consideration. I desire to reply to the remarks which fell yesterday from the gentleman from North Carolina, [Mr. VENABLE.] It was with the view of enabling me to reply to him properly that I desired that the House would go into Committee of the Whole; for I am fully aware of the fact, that if I am expected to reply to that speech in order, it is totally impossible. The impression was universal yesterday that the observations of the gentleman from North Carolina were out of order, and hence it is out of the question, as I apprehend, for me to follow him in the course he saw proper to take without being guilty, to a greater or less extent, of violating the rules of the House. I do not desire to do that. I do not desire to do it now, because I am aware of the fact, that if one gentleman claims the right of proceeding out of order-if one gentleman claims the right upon a given proposition to tell you about things in general-that any other member may claim the like privilege, and hence it would be totally impossible for us to have the least order or the least propriety in our discussions. Then while I know that some remarks which I may offer may not be in strict accordance with the rules of the House, I trust that the same kind indulgence will be extended towards me that was given to the distinguished gentleman from North Carolina, [Mr. VENABLE.] I shall briefly advert to the considerations growing out of the resolution and amendments now under discussion; and if gentlemen expect to call me to order, if I should take occasion to talk about myself, I hope he will tell me so now before I begin.

Mr. MEADE. If the gentleman will permit me, I will suggest, that if he is permitted to go on out of order, it must be expected that every gentleman in the House will do the same thing, and we shall then be virtually in Committee of the Whole. We had better preserve the rules of the House by going into Committee of the Whole. If that be the understanding of the House, I have no disposition that anybody who chooses may not discuss the question; but I know very well that when the House gets tired of the debatemembers pursuing the same line of argument-it will be cut off; and I therefore give notice to the House that I will call to order, when necessary, and that I would have done so yesterday, when the gentleman from North Carolina was speaking, had I been in the Hall.