Imágenes de páginas
PDF
EPUB

Mr. CABELL. If it can be presented under the rules, I am opposed to it.

Mr. WASHBURN. It may be presented under the rules; but inasmuch as it is an elaborate petition, drawn up by the Executive Committee of the State of Maine with great care, I desire to have it printed.

The question was then taken, (Messrs. BROWN, of Mississippi, and FULLER, of Maine, acting as tellers,) and there were-ayes 73, noes 53. GRANT'S CHANNEL THROUGH SHELL REEF. Mr. BROWN, of Mississippi, asked the unanimous consent of the House to offer the following resolution:

Resolved, That the Secretary of the Treasury be instructed to inquire into and report to this House the advantages resulting to the commerce of the United States, and to the mail service of the United States, from the opening of a channel, by John Grant, Esq., through the Shell Reef, lying between Dauphin Island and Cedar Point, in Mobile county, Alabaina; and further, what tonnage said Grant is now allowed by law to charge vessels navigating said channel, how long his right to charge said tonnage,will continue, and whether it would be advantageous to the United States to purchase the right of said Grant; and, if so, at what cost the purchase may be effected.

Mr. CARTTER objected.

Mr. BROWN. I move a suspension of the rules, to enable me to introduce the resolution. It is but a resolution of inquiry into a matter of great importance to the commerce of the country, and I therefore hope the House will indulge me.

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

So the rules were suspended, and the resolution was introduced.

Mr. BROWN moved to suspend the rule requiring a resolution of inquiry to lay over one day; which motion was agreed to.

The question recurring on the adoption of the resolution, it was put, and the resolution was agreed to.

ARMY ON THE ROUTE TO OREGON.

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

Resolred, That the President of the United States be requested to communicate to the House what steps, it any, have been taken to insure the protection of emigrants en route to Oregon, against the depredations of the Indians of that Territory; and in case no such steps have been taken for that purpose, that he be requested to cause the regiment of Mounted Rifles to be placed upon duty within the Territory of Oregon-the service for which said troops were created-and that he cause a portion of said regiment to be posted upon the main emigrant road from St. Joseph, on the Missouri, between Fort Hall and the Dalls of the Columbia river, and the remainder thereof to be posted in the Rogue river Valley, on the road from Oregon to California, said troops being necessary for the protection of emigrants and others traveling said road.

Mr. HAVEN. I rise to move a reconsideration of the vote by which that resolution was just now adopted. I do it for the purpose of calling the attention of the House to the fact, that the resolution seems to give directions to the President of the United States with reference to the mode of employing the military forces of the United States. If this be so-and I am not sure that it is, for I did not hear the resolution distinctly-it seems to me that the resolution ought not to be passed.

Mr. WILLIAMS. Let the resolution be read. The Clerk read the resolution. Mr. HAVEN. I have nothing to add to what I said before the resolution was read. Unless there is some explanation other than what appears on the face of the resolution, it does seem to me that it would be indiscreet on the part of the House to allow the vote to stand. I move to reconsider the vote by which the resolution was agreed to. Mr. JONES, of Tennessee. I would suggest to the gentleman from Oregon to allow the vote to be reconsidered, and instead of calling upon the President and giving him the directions therein specified, refer the subject to the Committee on Military Affairs, and let them inquire into what has been done and what it may be necessary to do, in order to protect the emigrants on that route. It would be a very strange mode of proceeding, it seems to me, for this House to direct the President how he shall dispose of the army, or any portion of it. And certainly, if what is there imbodied is to be done at all, it should be done by joint resolution of Congress, and not by one House. I think it would be better to reconsider the vote and let the resolution go to the Committee on Military Affairs.

Mr. LANE. I hold in my hand a number of petitions and memorials from the Legislative Assembly of Oregon, upon this subject, which I would ask to have read, but that it would consume too much of the time of the House. I will, however, give some reasons why the resolution ought to pass to-day. We have to furnish troops for the protection of this route within less than two months from to-day, or it cannot be done in time to protect the emigrants who will go out the ensuing season. By that time the people bound for Oregon will be on the road. Can we get the matter before the Committee on Military Affairs and have a bill passed through both Houses of Congress for raising and organizing a force, and get that force on the road in time for the protection to which these American citizens are entitled? It is only very recently-within the last few yearsthat the Indians have become very troublesome on these routes.

But that time has passed away. Lately the Indians have committed greater depredations than ever. Even within the last twelve months they have been successful in killing a great many women and children. The last Congress passed a law making donations and grants of lands to the setinducing them to emigrate thither. And now I tlers and emigrants to that country, and thereby ask, is it not right and proper that they should afford them protection? The gentleman from Tennessee [Mr. JONES] says this resolution ought to go to the Committee on Military Affairs. He says, let them consider the matter and report a bill. Let me tell that gentleman that this regiment of troops was raised by order of Congress for that especial purpose. The rifle regiment was, if I mistake not, raised especially for the Oregon service. But it was raised in the time of the Mexican war; and, instead of sending them to Oregon, as was contemplated, they were sent to Mexico, where they did good service. When they returned from Mexico the President, in consideration of the fact that they had been diverted from the purpose for which they were raised, thought it right to extend to them the privilege of a discharge. They were discharged, but it was recruited again, and in recruiting it was held out as a special inducement, that they should be employed in the Oregon service. I think that was the understanding between the Government and those who were recruited. They were sent to Oregon, but before they had had time to render any service there they were ordered away. Now the service of that regiment belonged to Oregon, and to no other portion of the United States. I am aware that the President of the United States is Commander-in-Chief of the Army; and I do not desire to infringe upon his privileges or his authority. I do not ask the House to do that. All I ask is, for the House to request him respectfully to grant to the people of Oregon just what is their due; and to the people who are traveling to Oregon, what they are entitled to, protection. Is it right, I ask, to have an extent of country two thousand miles in length, running through the Indian country, running through the lands of some of the most fierce and barbarous tribes of Indians upon the face of the earth, who will attack and cripple the cattle and teams, and then capture or kill the travelers themselves-I say, is it right to have this whole extent of country entirely without protection? The reasons are plain to my mind. No time should be lost. This matter ought at once to be settled-this resolution ought to be passed immediately, and let the President direct the rifle regiment which was raised especially for that service to march at once for Oregon.

Mr. CABELL, of Florida. Will the gentleman allow me to ask him one question? Do I understand that this resolution requests or directs the President to make this disposition of that regiment? Mr. LANE. It requests him.

Mr. CABELL. The resolution goes on to direct that a portion of the troops shall be placed upon the line, if I understand it correctly. What I want to know is, whether it is the intention of the resolution to direct the President, in his disposition of the United States troops, or whether it is merely a request? If it is the latter, I have no objection to it, but if it is an order, I shall protest against it. I protest against directing, or ordering, the President in this manner, by any single branch of Congress.

Mr. LANE. It is simply a request. But I desire to explain why I want the troops disposed

of in the manner provided for in the resolution.

Mr. DISNEY. With the permission of the gentleman from Oregon, I desire to explain what is the precise effect of the resolution. I have just read it, and it is merely an inquiry of the President, as to what steps have been taken for the protection of the emigrant; and if no steps have been taken, it requests him to make that disposition of the rifle regiment.

Mr. STEPHENS, of Georgia. But there is a second clause in the resolution, which directs the President to cause a portion of this regiment to be placed along the line.

Several MEMBERS. "Read the resolution."
The resolution was again read.

Mr. CABELL. The gentleman from Oregon now will see that I was correct in saying that the latter clause of the resolution directs the President in this matter.

Mr. LANE. That clause is predicated upon the supposition, that the troops will be ordered to Oregon. In that case, it requests the President to place a portion, as will be found necessary, upon the emigrant road, and a portion upon the great road leading from Oregon to California. I desire to say to the House, that there can be but two great roads leading to Oregon on which any danger is to be apprehended-such is the shape of the country; one road leads directly from St. Joseph, via Fort Hall, to the Dalles on the Columbia, and upon that road the Indians are the most warlike and ferocious in their habits. They are well armed and fierce.

Mr. HEBARD. I desire to ask the gentleman a question?

Mr. LANE. I beg the gentleman's pardon, but I have about so much to say, and I don't like to be interrupted.

Mr. HEBARD. I have but a word to say. The gentleman is aware, that by the Constitution, the President is made the commander-in-chief of the Army and disposer of our military forces. Now, I desire to ask the gentleman, whether he ever called upon the President and requested him to make this disposition of the troops?

Mr. LANE. It gives me great pleasure to answer the gentleman. I did call upon the President in person, and then I addressed him a letter; and if the House will allow me, I will read that letter. A copy of it was furnished to Senator Gwin, who read it in a speech upon the defences of California and Oregon the other day. It was published in the debates of the Senate, and I now have a copy of the Union in my draw containing it.

[Mr. BARRERE, from the Committee on Enrolled Bills, here interposed, and presented as correctly enrolled,

A bill to carry into execution, in further part, the twelfth article of the treaty with Mexico, concluded at Guadalape Hidalgo; and

An act for the relief of American citizens lately imprisoned and pardoned by the Queen of Spain.] Mr. HOWARD. I wish to ask the gentleman one question. I wish to ask whether this regiment has not been ordered to the frontiers of New Mexico and Texas, as a mounted regiment, by the Secretary of War, upon the ground that it was not adapted to service in Oregon-that in that country mounted troops were not as efficient as infantry? I desire also to know if the gentleman now wishes to change the plan of operations in the military department of the Government, and order, at great expense, a regiment to return to Oregon ?

Mr. HEBARD. I desire to know what answer the President returned to the application of the gentleman from Oregon. I do not care about having the letter read.

Mr. LANE. If gentlemen will permit me to have the letter read, I then will answer both the inquiries of the gentleman from Texas, [Mr. HOWARD,] and the gentleman from Vermont, [Mr. HEBARD.]

The letter was then read by the Clerk, as follows:

WASHINGTON CITY, December 12, 1851. To his Excellency the President of the United States: SIR: A sense of duty prompts me to call your early attention to the peculiar condition of things in Oregon. I have been a citizen of that Territory for near three years;

have traveled the settled portion of it all over; had much

to do with the Indians, and know them, perhaps, as well as any other man, and understand the wants of the American citizens there; and can say to you, that for their protection and for the protection of others emigrating there, that troops to be garrisoned on the great road from St. Joseph

via Fort Hall to the Dalles of the Columbia, and also on the road from Oregon to California, are absolutely indispensable for the protection of life and property. I know that I need but call your attention to the condition of things there, and present the facts within my knowledge, to secure your aid and prompt action in the premises. The suffering this season for the want of troops to protect emigrants and others en route to Oregon, and from Oregon to California, has been terrible; and certainly this Government ought and will, I have no doubt, afford protection to her citizens in a country so remote and exposed as are all persons traveling either on the emigrant road to Oregon or on the road from Oregon to California. There are but these two roads south of the Columbia on which troubles are to be apprehended. The shape of the country, with its stupendous mountains, are insurmountable barriers to the location of roads of inportance. A garrison of two or three companies of horseone of infantry, if a mounted force cannot be had-on each of these roads at the Grand Round, for instance, on the

emigrant or northern road, and in the Rogue River Valley,

on the California, or southern road. The moral influence that the establishment of the posts would produce upon the minds of the Indians would do much towards keeping peace with them, and afford the protection to American citizens that they are so justly entitled to.

It may be well here to mention, that the road from Oregon to California forks in the Rogue River Valley; the main road passes south of the great Shasti Mountain to the source of the Sacramento, thence down that river to its great valley, and to Sacramento City; the north branch passes by Clamath Lake to Fort Hall. A small party of emigrants have gone that route this season and got in safely. This route was opened by Jesse Applegate, Scott and others, in the year 1846, for the purpose of affording to emigrants a pass into the southern portion of Oregon; but such was the suffering of the first emigrants on this route that it has been but little traveled since, but will, I have no doubt, be much traveled if a garrison should be established in Rogue River Valley, as above suggested.

I have been thus explicit, in order that you may understand the condition and wants of the country which I have the honor to represent, with the full belief that you will take such steps as may be necessary to give protection to the citizens there, and emigrants and others, traveling to and from Oregon.

Herewith I enclose two communications from Oregon for your perusal, which you will please return to me. One of the writers I am well acquainted with, (Mr. Applegate, one of the early settlers of Oregon.) He has done much to bring the country into requisition, by exploring, opening roads, &c., &c.; a sensible, reliable man. With Mr. Simons I have no acquaintance, but have no doubt of the truth of his narrative.

With great respect, I am, sir, your obedient servant,
JOSEPH LANE.

Mr. LANE resumed. I called upon the President in person, and the House is aware that he is │|| of the opinion that the army is too small to afford all the protection that is necessary for that country, and that he has recommended an increase of the army. I called upon the Secretary of War recently relative to this matter, and asked him if any troops could be sent to that country to afford protection to the emigrants bound to Oregon this season? I have received no definite answer from either of them. The President feels friendly disposed towards that country, and I have no doubt he is anxious to do his duty. I make no charges at all. But I charge that the rifle regiment has been diverted from the purpose for which it was raised and organized. It ought not to have been ordered to Texas, if it has been done.

I say to the gentleman from Texas, [Mr. HowARD,] that if an order has been issued from the Department here, ordering that regiment to Texas, it ought not to have been done. It was not raised for Texan service, or for the protection of the boundary between Mexico and the United States; and I can say another thing to the gentleman from Texas, that they there are not in the exposed condition as are the people of Oregon, and as are the people of the States on their way there; and I know that it is an easy matter in Texas to raise a force in sufficient numbers to whip all the Indians who may make any attempt upon their settlements. I know there is no State more gallant, or a people more ready to turn out on duty at a moment's warning, than the people of Texas. I know their ability to defend themselves, and that all they want is to know that their services are needed, and they are ready to go out and destroy the Indians. But how is it with Oregon? In that portion of Oregon, for which I ask protection, there is not any settlements within seven hundred miles. The population even in the settled portion of Oregon is small; and can this House for a moment expect them to raise a force of five hundred or even three hundred men, and send them out with subsistance seven hundred miles from a settlement? Emigrants bound to Oregon, when once within the settlements, are as safe as they would be in Washington city. But look at the district of country they are to pass over to get there; and who is to give them protection? Can the people of Oregon turn out and

do it? They could do it; but recollect that every man's time there is worth five dollars a day to him. Now, if you want to raise a force you must first say to the volunteer that you will give him five dollars a day, and find him horse, arms, and equipment. And is that Territory, with only three thousand voters, able to do that, and can they extend to the country the protection which it ought to have? Why induce people to go there? Since I have been here I have received thousands of letters making inquiries about Oregon, and making known to me that certain persons in the neighborhood of the writers were making preparations to start for Oregon. And every man who has made up his mind to go there this year must leave the settlements soon, and be at St. Joseph, with everything necessary for oufit on the way, by the first of May next. Can we begin, at this late moment, to authorize the raising of the force required, arm it, and get it ready in time to render them the necessary assistance? No, sir, we cannot; and if we fail to do it, what will be the result? Let me tell you, it will be the tomahawking, in the most cruel and barbarous manner, of the men, women, and children, and helpless families, who have been induced to go to Oregon, and that, too, after a regiment has been raised for the specific purpose of protecting them. Why should it be ordered to Texas? I am not sure that such an order has been made. If it has been, I ask, in the name of the people who will be exposed to Indian depredations, that it be countermanded, and let the regiment go to Oregon, where it should go, and where it is the duty of the President to send it. If he fails to do it, I shall never cease to say that, in my judgment, he has failed to do his duty. I am sure it will be wrong to divert that regiment from that country. The regiment arrived in Oregon at a time and under circumstances the most unfavorable. It was just at the time of the breaking out of the great gold excitement, and in the midst of that excitement many of the privates abandoned the service, disgraced themselves by forsaking their flag and going off in search of gold. But a portion of them did not desert, and a sufficient number were left to afford all the protection necessary for that country. They said, We have enlisted for this service, and will remain and serve out our time, get our discharge, and then become citizens of this country. While the regiment was in that condition, and able to render service to the country, and afford the protection we needed, they were ordered from that country to this; and from what the gentleman from Texas [Mr. HOWARD] now says, I suppose it is now ordered to Texas, and is upon the way thither. If so, it is all wrong. A portion of that regiment, contrary to justice, contrary to law, in my judgment-I am no lawyer, but if I make a declaration which is not warranted, I wish some good lawyer to correct me--I say a portion of that regiment, raised for service in the Oregon Territory, before they were ordered out of it, were transferred from that regiment into the dragoon service, and ordered into California. That was, in my judgment, a violation of the contract between the Government and the soldier, and would, I have no doubt, have entitled him to his discharge, if he had taken the proper steps for that purpose in due time. Nevertheless, the transfer for the time being was fortunate for us, because it gave us their invaluable services a few weeks longer than we would have had them if they had gone off with the rifles. It happened to be just at the time the troubles broke out among the Rogue river Indians, when our people were being murdered by them, when they were thus transferred from the rifles to the dragoon service. The troops thus transferred consisted of two companies, one commanded by Captain Walker, the other by the gallant and lamented Stewart, who, after covering himself with unfading laurels in Mexico, unfortunately fell in that distant land, in defence of his exposed countrymen. The people of Oregon will ever cherish his memory, and I hope and believe they will, as they ought, erect a monument to perpetuate it.

seat of Indian troubles, the whole outside settlements would have been crushed. But they gave the Indians a severe flogging and a severe chastisement, such a one as has kept them, up to the present time, in that quarter, apparently friendly, though they have killed a few whites since; but that is so frequent an occurrence that we hardly think of asking this Government to avenge it. The killing of one or two men is no unusual thing there; but we take care of these comparatively small disturbances ourselves. But when it is evident that there is a general hostility, as there is now, it is the imperative duty of the Government to interpose and give us aid.

Now, while I am speaking of that Indian war in which Captain Stewart fell, I would like to say to South Carolinians, of which State he was a native, that he was an ornament to that gallant State; that he was the best officer of his age in the American Army, and more familiar with the duties of an officer than any young man in the Army. He had distinguished himself in every battle he was in in Mexico and he was in nearly all of themand fell fighting for the people of Oregon. I learned, about the time of his death, that a portion of his salary was annually or quarterly devoted to the benefit of his mother, now, I learn, living in this District. I hope that some friend of that man will take care to propose that a pension be granted to that mother; a mother who bore such a noble son is entitled, in my opinion, to the benefit of a pension.

But I am wandering from the subject. Now, as to the resolution, if there is anything in it, any wording of it that is not just right, I am willing to change it. I do not ask to direct the President of the United States. He is the Commander-inChief of the Army of the United States, and I do not want to abridge his authority. I want to request him simply. If the word request is not in the resolution, I want it inserted. I want to draw the attention of the President to it, and request him, in the most respectful manner, to extend to the people of Oregon Territory that protection which they are entitled to, and that he will send out that regiment to Oregon, which was raised by a law of Congress for that service. Now, to undertake to raise a regiment, and get them on the ground in time to protect emigrants this year, is out of the question. No such thing can be done. If members of this House are willing to afford this protection, they must request the President, or the President must do it withont request, to send out some troops now in the field, and who are regularly in the service.

If you let it go this year, there is no certainty of getting them the next; and when will we get that protection our citizens need and demand? I am satisfied myself, that the Army is sufficiently large for all purposes. Is there not more troops stationed along the Southern States than are needed there? Why are troops needed in the old States of the Union? Why not send them where they will be on duty, affording protection to the unsettled portions of our country? Or is it that Oregon is too far off, and nothing is cared for the people out there? I am satisfied that there are enough in the regular Army, properly distributed, to afford all the protection that Texas may need, without cailing upon her gallant sons to turn out, and to defend themselves. That, however, they have been in the habit of doing ever since an American lived there. They are enough to afford protection to Texas, and also to emigrants en route for Oregon. Why not let the rifles come to Oregon-let the troops who have enlisted for that service serve out their time there? Now, let me again ask that the resolution be amended so as to make the resolution read "request" instead of " direct," wherever it may occur. I trust the vote to reconsider will not prevail.

Mr. BAYLY, of Virginia, obtained the floor, but gave way to

I

Mr. HEBARD. I wish to say that the inquiry made of the gentleman from Oregon, was not dictated by any unfriendly feelings towards the Those troops, the whole being under the compurposes of his resolution, but it was to see what mand of Major Kearny, moved in the direction position we were placing ourselves in with referof the Indian troubles; and it was my fortune, ence to the subject before us, and in relation to the with a few gallant Oregonians, to fall in with them President. The objection with me is not what the then, also including some brave volunteer Califor-gentleman himself supposes it to be. It is not benians, and witness and participate in the service which followed. But for those troops, who remained only two weeks in the country, and at the

cause it is not sufficiently indicative of a request, but because I regard a request here even as improper as a direction. I did not pay much attention

[merged small][ocr errors]

to the resolution when it was introduced and adopted in the first instance, from the confusion in the Hall. When my attention was again called to it by the motion to reconsider the vote, it OCcurred to me that we were acting entirely in the dark. It is utterly improper, and I regard the making of a request of the President upon an important matter like this as equivalent to a direction. I ask gentlemen here how we stand with reference to the President of the United States in making a request of him to do an important act when we ourselves know nothing about his ability to do that act or its propriety? There is the diffi, culty in the resolution. It is not that it is couched in disrespectful terms; it is not that it is a direction, but the objection with me is, that we are requesting the President to do that of which we ourselves have no information, of which we know nothing of the facts either as regards his ability or the propriety of doing the action. It is with that view I hope the vote upon the adoption of the resolution will be reconsidered. If the gentleman has applied to the President to do this very thing, and he neglected to do it, the gentleman, without any information upon which to base our action, comes forward and requests him to do it. I want to know if it is not implying indirectly a censure upon the President? It is presumed that if he knows his duty he will discharge it. If we know it better than he does, we must have facts upon which to base our action. I think we are acting improperly in requesting-in directing action upon the part of the President which he has declined to take himself-all the responsibility resting with him, unless some better reason is furnished than has been suggested.

have no information. It is the duty of the President to protect the frontier, to protect our emigrants, to protect our distant settlers; and I have no idea of this House interposing to relieve him from any of his responsibility, by directing him in this matter. Well, sir, what will be the result? Just as certain as the sun will rise to-morrow, if you pass this resolution directing the rifle regiment to be posted as the gentleman from Oregon suggests, it will be made the excuse for asking the addition of one or two regiments to our forces. This matter was gone over at the last session of Congress, and I agree with the gentleman from Oregon, whose ability and experience has confirmed me in the truth of the opinion I expressed at the last Congress, that we have army enough if properly posted; but it is not for this House to say where they shall be posted. Congress have not the information, nor the power.

Mr. HOWARD. After the statement of the honorable Delegate from Oregon, [Mr. LANE,] it must be apparent to the House what the object of this resolution is. It is to overrule, if not by the direction of the House, at least by its opinion, the action of the President, as Commander-in-Chief of Army, or the Secretary of War, in relation to the posting of the Army. To say nothing of the power to which the honorable gentleman from Virginia [Mr. BAYLY] has adverted to do this, in the absence of all inquiry and information, it is at least a most extraordinary proceeding. Why have these troops been ordered, not from Oregon, but California? The Secretary of War has told you that mounted troops are unnecessary in Oregon; that mounted troops cannot operate in Oregon and California with as much facility as elsewhere; that they are not adapted to that service.

Mr. BAYLY, of Virginia. My objection to the resolution does not grow out of the object at Mr. LANE. If the gentleman from Texas will which the gentleman from Oregon seems to aim. allow me, I will put him right in relation to that I have no doubt that it is entirely proper that Or- matter. No troops are fit for Indian service but egon, and that the emigrants upon their way to mounted ones. What was the description of force Oregon, should be protected. It is not from any with which Major Kearny operated? What was doubt of the correctness of the gentleman upon the kind of force commanded by Capt. Stuart when that point I oppose this resolution, but my oppo- he was killed? I was with them a short time after sition grows out of a matter of principle. This the captain fell, and recollect of making a march House alone has nothing to do with posting the of fifty miles in a day, and having in that several army. The two Houses of Congress have noth- skirmishes. Could men on foot have done that? ing to do with it. The Congress of the United We galloped into an Indian town and knocked States can raise and support an army, but the down every Indian that could be seen, and then President of the United States is the Commander- went in a gallop to the next town, and after overin-Chief of the Army; and we have no authority running that, we went to the next, and in that upon the face of the earth-the two Houses of manner they conquered in two weeks the most feCongress have no authority-to give any direc-rocious and warlike Indians in Oregon Territory. tion in respect to the posting of the army. That is a matter which belongs exclusively to the Com-service, and who had been transferred to the dramander-in-Chief of the Army. Why, sir, even in time of war the Congress of the United States have no jurisdiction in respect to the Army except to raise and support it.

Mr. LANE. I will state to my friend that the resolution does not direct the President, it only requests him.

Mr. BAYLY. I do not think, so far as the question of principle is concerned, that that alters the case. We make a request where we have no authority to act, and that request is addressed to one who has the authority, and who is responsible. I shall not comment upon the views which have been already presented, that we have not information upon the subject, because my opposition does not grow out of the matter of expediency nor propriety, but out of the question of power. I was about to say when I yielded to the gentleman from Oregon, that even in time of war the authority of Congress over the Army is confined to the raising and subsisting of it. This was a matter carefully considered in the Convention which adopted our Constitution. The power was given to Congress to declare war, to raise and support an army, but the power to wage war is given to the President of the United States as the Commander-in-Chief of the Army and Navy. Congress may, if it believes after a war has been declared, that it is unnecessary and improperly prosecuted, withhold supplies, but it cannot take the command of the Army. The only way by which the Congress can control the President of the United States in his command over the Army is by withholding supplies. I agree entirely with the gentleman from Vermont, Mr. HEBARD,] that in a case of this sort a request is equivalent to a direction. It is a matter in reference to which we have no right to make a request, as a question of power, and besides of expediency, where we

This was done by troops raised for the Oregon

goon service. I will say to the gentleman from Texas, that none but mounted troops can operate there. Infantry will not do there except to garrison a post. These troops did good service in Mexico. Mounted, as they were, they could gallop a whole day, as did the Texas troops, and on the next fight three or four Indian battles.

Mr. HOWARD. I do not pretend to set up my knowledge of the character of the country in Oregon to that of the Delegate of that Territory; but what I said was this, that the Commander-in Chief of the Army, and the Secretary of War had decided that that country was not adapted to mounted troops, but that infantry was a better species of force. Now, by a resolution of this House we undertake to overrule that opinion and to order back to Oregon a regiment which has been ordered from California to the frontier of Texas and New Mexico. It strikes me that this ought not to be done, and that it would be presumption in this House, without investigation, to overrule both the President and the Secretary of War in relation to the disposition of the Army, or any portion of it. Let an inquiry be instituted by the Committee on Military Affairs, and let a proper investigation take place, before the Administration is set right upon this point if it is in an error; but do not let a resolution introduced in this manner. attempting to make a disposition of the Army, be forced through the House without investigation. The idea of the Administration is to give so much infantry as is necessary to Oregon and California, and to place upon the great prairies, the great open plains, the mounted troops, because they can operate in no other place to advantage against the Indians. There is another consideration in connection with this matter. By this time the regiment has arrived in Texas, which is under the command of General Smith, who is in command of

the eighth military division, and great expense has been incurred in their removal. You propose, upon a simple resolution, to order their second removal, thus incurring a double expense. If you undertake that, you ought at least to do what you failed to do at the last session of Congress, give the Quartermaster's Department sufficient money wherewith to operate upon the frontier in defence of the country.

It appears now, from the report of the Secretary of War, that the Quartermaster's Department is destitute of funds and is in debt, and it also appears that he cannot protect the frontier, for the very reason that he has no money in the Quartermaster's Department with which he can mount and move troops, and with which he can make a disposition of any portion of the Army. It strikes me, it would be a far more useful inquiry to ask of the Committee of Ways and Means, why they have not, before this late day, reported the deficiency bill required by the estimates of the Secretary of War, thus providing for the necessary wants of the Army.

Mr. DUNHAM. I do not wish to interrupt the gentleman, but these estimates were referred on the 13th of last month.

Mr. HOWARD. If these estimates were referred in this House on the 13th of last month, it seems to me that between the Committee of Ways and Means and the printing of the House, there has been a perfect stop-law to all the business.

Mr. DUNHAM. That may be all true; but it cannot be expected for the Committee of Ways and Means to act upon the estimates sent to the Speaker's table, before they are printed and sent to the committee. They will act upon them when in their hands; and if the gentleman wants a remedy, he must find it there, and not in the Committee of Ways and Means.

Mr. HOWARD. When the public interest demands immediate action and immediate appropriation; when the whole frontier is in a state of warfare and bloodshed, it strikes me, the Committee of Ways and Means could act upon a matter which embraces no more than six pages of printed matter. They could act upon these estimates without their being printed at all.

Mr. DUNHAM. I would like to ask the gentleman if they have authority to do that, when the House have ordered these estimates to be printed?

Mr. HOWARD. At whose instance were they ordered to be printed? Was it at the instance of the Committee of Ways and Means? The motion proceeds from the Committee of Ways and Means, or one of its members, and neither is it strictly true, because they are ordered to be printed that they must remain forever in the hands of the printer, unless he chooses to execute the printing.

Mr. HOUSTON. The gentleman from Texas [Mr. HOWARD] is laboring under an error, when he says that the deficiency estimates were referred early in the last month. The deficiency estimates, as far as his appropriation is concerned, were presented to this House some time in January, but they have not reached the Committee of Ways and Means in full yet. I have the estimates that have been printed and furnished to the Committee of Ways and Means, but the majority of the members of that committee have not received them yet. The gentleman says we can act upon the manuscript communication that has been made to this House. We do not get possession of the manuscript copy, and we have not the right to it. It is ordered by the House to be taken to the printers— it is taken there, and there it lies.

Mr. CABELL, of Florida. I call the gentleman from Alabama [Mr. HOUSTON] to order. The question of printing has nothing to do with the resolution before us.

Mr. HOUSTON. I think my friend from Florida is getting a little excited. Mr. CABELL. I insist upon my point of order. The Chair must decide that it is not in order to discuss the question of printing.

The SPEAKER.

Mr. HOUSTON. The gentleman from Texas [Mr. HOWARD] was allowed to discuss this very subject.

The SPEAKER. The Chair is not inclined to call either the gentleman from Texas [Mr. HowARD] or the gentleman from Alabama [Mr. Hous

TON] to order, but the gentleman from Florida [Mr. CABELL] rises to a question of order

Mr. HOUSTON. With the permission of the gentleman from Texas, I will make a statement of facts. The stimates which concern him directly, are not the only estimates upon which the committee have to form a bill. Now, if it were true that half a dozen pages of printed matter were all, the committee might take them up, if they had possession of the printed communication, so as to act upon the subject; but the gentleman forgets that there is a large deficiency in the Quartermaster's Department a large deficiency in the Navy-a large deficiency in the Department of the Interior. All these things have to constitute one bill, and we cannot venture to take up every item

The SPEAKER. The Chair is compelled to call the gentleman to order.

Mr. HOWARD. I was stating, when I was interrupted, why this regiment could not be removed back again to Oregon, for the simple reason that there is no money in the Quartermaster's Department to defray the expenses. That, I insist, is pertinent to the resolution. Now the gentleman says that the Committee of Ways and Means have not had the estimates before the committee. They have had the estimates of the deficiency bill for the Army, which were referred on the 13th of the last month.

Mr. CABELL, of Florida. I rise to the same point of order. The remarks of the gentleman from Texas have nothing to do with the question. Mr. HOWARD. That is a matter for the Speaker to decide.

The SPEAKER. The Chair is not inclined to regard the gentleman from Texas as wandering entirely beyond the boundaries of this debate, in referring to the means of the Government for transferring these troops. The gentleman from Texas is in order.

Mr. HOWARD. On the 13th of January, this matter was referred and ordered to be printed, and for about two weeks the printed estimate has been in my desk-how much longer in my box, I do not know. It seems to me, in a matter of so much importance-involving the security of the whole frontier-the efficiency of the whole Army itself that this is a late day for the deficiency bill, and not yet brought in, and which ought to have been passed long ere this. The necessary money to make the Army efficient should have been appropriated, as almost the first business of the House, because, whatever may be the fault in relation to the defences of the country, I undertake to say that it rests here. It does not rest with the Administration. I feel bound in justice to the Administration to say, that at the last session of Congress they called repeatedly both for men and means to enable them to make the frontier defences efficient. By the course pursued at the last session of Congress in cutting down the estimates one half in the Quartermaster's Department, and that, too, without any reason, and by the refusal or neglect of the House this session to this late day to supply that deficiency in any degree, the fault rests here; and the frontiers of the country are not protected in the manner in which they ought to be. I wish at the proper time to move to strike out all the resolution from the word "resolved," and to substitute in its place "that the Committee on Military Affairs be instructed to inquire into it," &c.

Mr. GORMAN. I understand the motion is to reconsider the vote by which the resolution was adopted.

The SPEAKER. There is a motion now for reconsideration.

Mr. ORR. Will that motion come up to-morrow, if not disposed of?

The SPEAKER. It is a privileged questionthe motion to reconsider-which may be called up

to-morrow.

Mr. ORR. I hope my friend from Indiana [Mr. GORMAN] will give way to a motion to adjourn. I make the motion that the House do now adjourn.

Mr. JONES, of Tennessee. I wish to understand the condition of the question, should the House now adjourn. If the motion should come up to-morrow to reconsider, and it be carried, then I should think the resolution, having come in under a suspension of the rules, will go over until next Monday.

The SPEAKER. The Chair is inclined to the opinion, that if the vote is reconsidered, the resoution will be before the House in order for consideration.

Mr. CLINGMAN. It is only when a motion is made, and not acted upon, that it goes over to the next suspension day. This has been acted upon.

On motion, it was

Ordered, That leave be granted to withdraw from the files of the House, the papers of John Gordon for purposes of reference.

Mr. GORMAN, I yielded to my friend to make the motion, upon the supposition that this matter would come up to-morrow morning.

The SPEAKER. The Chair decides that, as a privileged question, it may be called up.

Mr. JONES, of Tennessee. I will call the attention of the Chair to the fact, that after the House has disposed of the privileged question, then the resolution, coming in under the suspension of the rules, must, I think, according to the practice of the House, go over to the next Monday-the suspension day.

signed, by citizens of Clermont county, Ohio, praying for the establishment of an Agricultural Bureau.

By Mr. CHANDLER: The memorial of the Board of Trade, of Philadelphia, relative to a branch Mint in New York.

Also, of Mary F. B. Lively, of Philadelphia, asking for a pension on account of services and sufferings of her husband in the service of the United States.

Also, proceedings of the Agricultural Society, of Pennsylvania, recommending the establishment of an Agricul tural Bureau by the United States.

IN SENATE.

TUESDAY, February 10, 1852. Prayer by the Chaplain, Rev. C. M. BUTLER. PETITIONS.

Mr. WADE presented a memorial of the assistant marshals for taking the Seventh Census in Clinton county, Ohio, praying additional compensation; which was referred to the Committee of Claims.

Mr. DOWNS presented the memorial of William R. Glover and James J. Wright, praying that the Postmaster General may be authorized to contract with them for the transportation of the mails between New Orleans and Vera Cruz, touch

mittee on the Post Office and Post Roads.

The SPEAKER. The Chair thinks, in examining the practice of the House, that the subjecting at Tampico; which was referred to the Comhas come fairly before the House, and after being reconsidered by the House, it will be in order to vote upon the resolution. But the Chair states distinctly, that it reserves to itself the right of determining that matter when it comes up.

Mr. JONES. The Chair will find upon examiation, that the practice of the House, at the last session of Congress, when a similar question arose, was as I have already stated.

[blocks in formation]

By Mr. HORSFORD: The petition of sundry citizens of Geneva, New York, praying for additional protection to the business of manufacturiug segars.

By Mr. BURROWS: The memorial of A. A. Hibbard and others, citizens of the State of New York, remonstrating against an extension of C. H. McCormick's patent for a reaping machine.

By Mr. GOODRICH: The petition of Bancroft Fowler and others, of Stockbridge, Massachusetts, praying Congress to take such action as it may deem best in favor of stipulated arbitration as a substitute for war, as an arbiter of justice among nations.

Also, the petition of Ezra Heath, in behalf of the heirs of Gilbert Dench, for the payment of the balance equitably due under a contract with the Government.

By Mr. HENN: The petition of Isaac G. Willson and 35 others, citizens of Powesheik_county, Iowa, asking for a mail route from Fairfield, via Lancaster, Sigourney, and Indianapolis, to Montezuma.

By Mr. GROW: The petition of citizens of Susquehanna county, Pennsylvania, for a mail route from Friendsville, in said county, to South Warren, in Bradford county. By Mr. CLINGMAN: The memorial of Captain Charles Wilkes, relative to the search for Sir John Franklin. By Mr. BRIGGS: The memorial of the presidents and cashiers of the banks in Albany, New York, and 26 members of the Senate of the State of New York, asking Congress to establish a Mint in the city of New York.

Mr. BADGER presented seven memorials of assistant marshals for taking the Seventh Census in North Carolina, praying additional compensation; which were referred to the Committee of Claims.

Mr. SHIELDS presented the memorial of John A. Dix and John A. Bolles, sureties of the late R. S. Dix, praying certain credits in the settlement of his accounts as a paymaster in the Army; which was referred to the Committee on Military Affairs.

Also, a petition of the President and Directors of the Mississippi and Atlantic Railroad Company, praying the right of way and a donation of land; which was referred to the Committee on Public Lands.

Also, the petition of John Mitchell, praying to be allowed back pension; which was referred to the Committee on Pensions.

Also, two petitions of citizens of Illinois, praying the right of way and a donation of land for the construction of a railroad from Shawneetown to the Mississippi river, opposite to Saint Louis; which were referred to the Committee on Public Lands.

Also, the petition of Jeremiah Twarny, praying compensation for a coat lost while he was aiding in extinguishing the fire in the Capitol on the 24th December last; which was referred to the Committee to Audit and Control the Contingent Expenses of the Senate.

Mr. CLEMENS presented the petition of "William O'Brien, a lieutenant in the late war with Mexico, praying three months' extra pay and his traveling expenses home; which was referred to the Committee on Military Affairs.

Mr. FISH presented a petition of bank officers and others, of Albany, New York, praying the establishment of a Mint in the city of New York; which was referred to the Committee on Finance.

Mr. BRADBURY presented a memorial of merchants, shippers, ship-owners, underwriters, and others, of Bath, Maine, praying that the act of March 3, 1847, for the reduction of the costs and expenses of proceedings in admiralty against

By Mr. MILLSON: The petition of William T. Hendren, ships and vessels may not be repealed; which was

clerk of the district court of the United States for the eastern district of Virginia, praying a reasonable annual salary. By Mr. McDONALD: The petition of Christopher B. Sawyer and 17 others, citizens of Maine, for a light-house on the Nubble, at Cape Neddech.

Also, the petition of G. N. Freeman and others, on same subject.

Also, the petition of Captain E. Perkins and others, on same subject.

By Mr. SWEETSER: The petition of Enoch Winan and others, citizens of Licking county, Ohio, for additional compensation for taking the census, under the act of May 23d, 1850.

referred to the Committee on the Judiciary.

Mr. SHIELDS. I have been requested to present the memorial of Mrs. Mary Ann W. Van Ness, praying an extension of the jurisdiction of the Supreme Court, so as to allow her an appeal from a decision of the circuit court for the District of Columbia, which I move to refer to the Committee on the Judiciary.

Mr. BUTLER. I do not like to interpose any objection to sending anything to the Committee on the Judiciary that properly belongs to it. I do not say that this matter would not have originally Moslin and 67 other citizens of Ohio, Kenneth Monthly belonged to that committee, but it has been before

By Mr. GIDDINGS: The petition of William Chandler and 43 other citizens of Clinton, Ohio; H. Van Houton and 126 others, of Morris county, New Jersey; Minn G.

Meeting of the religious Society of Friends, for the repeal of the fugitive slave law.

Also, the petition of William Miley and 80 other citizens of Illinois, for observance of the Sabbath.

By Mr. RIDDLE: The memorial of 1,300 citizens of the State of Delaware, praying for an appropriation to build a custom house in the city of Wilmington.

By Mr. BUELL: The petition of Sergeant William Pratt, for a pension.

By Mr. BARRERE: Three several petitions, numerously

that committee, and I have once brought in a bill in connection with it. As well as I can recollect, her former memorial-and I have no doubt this is the same-was, that we should review a certain law, and make a retrospective law so as to allow her to go to the Supreme Court of the United States for a revision of her rights. That bill, which was presented, was considered and disposed

of by a large majority of this body, and I should therefore be reluctant to allow such a matter to go back to a committee which has already decided upon it; and I would inform my friend from Illinois, that if it goes back again to that committee, it will share its former fate. He had better, therefore, propose some other reference.

Mr. SHIELDS. I have merely presented the memorial at the request of this respectable lady, and if the chairman of the Committee on the Judiciary objects to its being sent to that committee, I presume the better way will be to let it lie on the table.

The PRESIDENT. Does the Senator persist in his motion?

Mr. SHIELDS. I would ask if there has been an adverse report upon this subject? If there has, I will change my course.

Mr. BUTLER. Perhaps not directly an adverse report, because her application was reported upon by a bill. That bill proposed to give her the right of appealing to the Supreme Court by a law which reached back to cases that had arisen within a period of five years, cases which had been decided under the laws then existing; in other words, to give her the benefit of a law operating retrospectively, when, in fact, no such law existed. We decided against that, and introduced a bill which should operate prospectively, giving to all persons a right to appeal to the Supreme Court from the decisions of the Circuit Court.

The memorial was then laid on the table.
PAPERS WITHDRAWN AND REFERRED.
On motion by Mr. PEARCE, it was

Ordered, That the petition of Chester Griswold, on the files of the Senate, be referred to the Committee on Pen

[ocr errors]

REPORTS FROM STANDING COMMITTEES. Mr. CLEMENS, from the Committee on Miliitary Affairs, to which was referred the memorial of the officers of the first regiment of Louisiana volunteers, submitted an adverse report; which was read.

Mr. SHIELDS, from the Committee on Military Affairs, to which was referred the petition of a company of sappers and miners, submitted a report, accompanied by a bill to repeal the act entitled "An act for the organization of a company of sappers, miners, and pontoniers," approved May 15, 1846; which was read and passed to the second reading.

On motion by Mr. SHIELDS, it was

Ordered, That the Committee on Military Affairs be discharged from the further consideration of documents relating to the claim of John P. Duval, and that they be referred to the Committee on Indian Affairs.

On motion by Mr. SHIELDS, it was

Ordered, That the Committee on Military Affairs be discharged from the further consideration of documents in relation to the claim of the widow of Brevet Major J. P. J. O'Brien, and that they be referred to the Committee on Pensions.

Mr. MALLORY, from the Committee on Naval Affairs, to which was referred the memorial of Thomas Pember, submitted a report, accompanied by a bill for his relief, which was read, and passed to the second reading. The report was ordered to be printed.

REFUNDING REVENUE TO CALIFORNIA. Mr. PEARCE. I am instructed by the Committee on Finance, to which was referred Senate bill No. 44, entitled "A bill in addition to and amendatory of an act entitled 'An act to provide for the settlement of the accounts of the public officers, and others, who may have received moneys arising from military contributions, or otherwise, in Mexico,"" approved March 3d, 1849, to report the same back to the Senate, with an amendment, and ask that the bill and amendment be printed.

The PRESIDENT. The bill will be printed, as a matter of course, and it is usual also to print the amendments.

Mr. GWIN. In connection with this subject, I wish to give notice to the Senate, that when this bill comes up for consideration, in accordance with a resolution of the Legislature of California, I will move to make some important amendments to it. During the last Congress I brought this subject to the notice of the Senate, prepared a bill, and had it referred to the Committee on Finance, authorizing the payment of the moneys collected from the people of California, in violation of law and the principles upon which this Government is

based, of no taxation without representation, to the government of that State. At that time the Committee on Finance reported upon the bill, striking out the whole of it, and authorizing the payment to us of $300,000 instead of the millions of dollars which had been paid by us in violation of our rights as citizens of the United States. Since the adjournment of the last Congress, the Legislature of California has acted upon this subject, and passed resolutions in regard to it by a unanimous vote, which I presented to the Senate some time ago, and will now read.

As this is a question of great importance to the people of that State, I will beg the indulgence of the Senate while I read the resolutions, which truly represent the unanimous voice of the people of the State:

Joint Resolutions relative to the Civil Fund of California. Resolved by the Senate and Assembly, That we view with feelings of surprise and regret, the action of Congress in refusing to refund to the State of California, moneys collected in her ports and from the honest industry of her citizens previous to her admission into the Federal Union.

Resolved, That we consider the fund heretofore known as the Civil Fund of California, to be the property of this State, and that any other appropriation of it by the General Government we hold to be unjust and ungenerous. Taxation without representation, is a principle always repudiated

by the American people.

Resolved, That our Senators and Representatives be re

quested to continue all honorable exertions to procure from Congress the recognition of our right to the moneys taken from us by the General Government, and an appropriation to that effect, and that we call upon our sister States to see that this act of justice is performed towards the youngest of the Republic.

Resolved, That the Governor be requested to present to our Senators and Representatives, each, a copy of the fore. going resolutions. JOHN BIGLER,

Speaker of the Assembly. DAVID C. BRODERICK, President of the Senate. JOHN MCDOUGAL.

APPROVED, May 1, 1851.

It is known to the Senate that I had these resolutions referred to the Committee on Finance, of which I am a member; and I moved, in committee, that a bill be reported accordingly. I am sorry to say that I stood solitary and alone in favor of the introduction of such a bill; and I now give notice, that when the bill reported comes before the Senate, I will make an appeal to the representatives of the several States of the Union to interfere and render effective this act of justice to California.

In addition to this, there was another class of meritorious claims which were referred to the same committee, designed to make some compensation to those patriotic citizens who prevented a number of American citizens from starving by furnishing them with support en route, and on their arrival in that country. This proposition was made by me, not alone in consequence of the suggestions of my own mind, although it met my cordial approbation, but in accordance with instructions from the Legislature of California. The resolution is this:

Joint Resolution for the relief of Captain William Waldo,
Charles N. Hall, and J. J. Petric.
Resolved, (the Assembly concurring.) That our Senators
in Congress be instructed, and our Representatives re-
quested, to use their influence and efforts to obtain an ap-
propriation from Congress for the relief of J. J. Petrie ;
also, for the relief of Captain William Waldo and Charles
N. Hall, for money expended by them in affording relief to
the destitute and suffering overland iminigration, while
acting under the direction of the Sacramento Relief Com-
pany; and that the Governor of this State be requested to
forward this resolution to our Senators and Representatives
in Congress.
JOHN BIGLER,
Speaker of the Assembly.
DAVID C. BRODERICK,
President of the Senate.

APPROVED, April 5, 1851.
JOHN MCDOUGAL.

. I also made an unsuccessful effort to have some

appropriation made to pay these just and meritorious claims, but I was equally unsuccessful in that effort. And I give notice, that when this bill comes up, I shall introduce an amendment to carry into effect the object of that resolution of my State.

That the Senate may be apprised of the principle I am contending for, I will have printed with these remarks the bill relating to this subject as originally introduced by me:

A Bill to authorize and direct the payment of certain moneys into the treasury of the State of California, which were collected in the ports of said State as a revenue upon imports, since the ratification of the treaty of peace between the United States and the Republic of Mexico, and prior to the admission of said State into the Union. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assem

[ocr errors]

bled, That it is hereby made the duty of the President of the United States, to cause to be paid into the treasury of the State of California, all the moneys collected in the ports now embraced within the limits of said State, from the thirtieth day of May, one thousand eight hundred and fortyeight, to the day on which the collector appointed under the act entitled "An act to extend the revenue laws of the United States over the territory and waters of Upper California, and to create a collection district therein," approved March three, eighteen hundred and forty-nine, entered upon the duties of his office: Provided, That such moneys so to be paid to the State of California, shall be exclusive of all sums properly expended under the directions of the military de fucto governors, for the necessary expenses of collecting the same; and also all sums properly and justly expended under the directions of said officers for the purpose of carrying on and sustaining the de facto government, which existed from the conclusion of peace between the United States and Mexico, until the present State government of California went into operation.

SEC. 2. And be it further enacted. That it is hereby made the duty of the President of the United States to cause to be paid into the treasury of the State of California, all moneys collected as a revenue upon imports in the ports now embraced within the limits of said State, from the day on which the collector appointed under the act aforesaid, approved third March, eighteen hundred and forty nine, entered upon the duties of his office, to the day on which the State of California was admitted into the Union: Prorided, That all such moneys so directed to be paid over shall be exclusive of all amounts properly disbursed in collecting

the same.

SEC. 3. And be it further enacted, That it is hereby made the duty of the President of the United States to cause to be paid into the treasury of the State of California, all moneys collected in the ports now embraced within the limits of said State, as hospital and light dues, and which moneys were so collected prior to the day on which said State was admitted into the Union.

SEC. 4. And be it further enacted, That the President of the United States is hereby authorized to provide and prescribe such regulations, vouchers, and other forms, as in his judgment will be best calculated to carry out the foregoing provisions of this law.

Mr. PEARCE. Mr. President

The PRESIDENT. It is not in order to discuss this subject at the present time.

Mr. PEARCE. I was about to say, that as the bill is not now under consideration, I did not consider it proper to reply to the remarks of the Senator from California; but when it is before us for consideration I hope I shall be able to vindicate the course of the committee.

Mr. GWIN. I will meet the Senator there.
ENGROSSED BILL PASsed.

The following engrossed bill was read a third time and passed:

An act supplementary to several acts of Congress, providing for the better security of the lives of passengers on board of vessels propelled in whole or in part by steam, and for other purposes.

ASSIGNABILITY OF LAND WARRANTS.

The Senate proceeded to consider the amendments of the House of Representatives to the bill to make land warrants assignable, and for other purposes; and,

On motion by Mr. FELCH, it was

Ordered, That they be referred to the Committee on Public Lands.

EXILED IRISH PATRIOTS. The Senate resumed the consideration of the resolution expressive of the sympathy of Congress for the exiled Irish patriots, Smith O'Brien and Thomas F. Meagher and their associates.

Mr. SEWARD, (who has the floor on this subject.) Mr. President, I move the postponement of that resolution until to-morrow, and that it be the special order for that day, at one o'clock.

The PRESIDENT. It is now a special order, and if postponed it will come up to-morrow at one o'clock.

Mr. SEWARD. Then I make the motion to postpone until to morrow.

The motion was agreed to.

NON-INTERVENTION.

The Senate proceeded to the consideration of Mr. CLARKE's resolutions on the subject of nonintervention. The pending question is the amendment offered by Mr. Cass to the amendment of Mr. SEWARD.

Mr. CASS addressed the Senate at length on the subject. He considered the subject in all its bearings; he deprecated any demonstration of violence, and maintained the right, justice, and propriety of an open declaration of our opinion upon the subHis ject of violations of the law of nations. speech will be found in the Appendix.

Mr. CLEMENS. For the purpose of enabling the Senator from North Carolina [Mr. BADGER] to conclude an unfinished speech, I move that the further consideration of this subject be postponed

« AnteriorContinuar »