pressed into the naval service of Great Britain previous to and during the war of 1812.

By Mr. McDONALD: The petition of J. Perkins and others, citizens of Maine, asking for completion of piers in Kennebunk river.

By Mr. BARTLETT: The petition of Samuel Andrews, of Worcester, Vermont, praying an amendment of the act granting bounty land to certain officers and soldiers, approved September 28, 1850.

By Mr. FLORENCE: The memorial of John Ferat, Edwin Kingston, Robert Tempest, and 46 others, citizens of Philadelphia, praying for the extension of the Woodworth patent for planing boards, &c.

Also, the memorial of P. K. Dickinson, Robert H. Cowan, and Thomas D. Walker, residents of Wilmington, in the State of North Carolina, remonstrating against the extension of the Woodworth patent for planing boards, &c.

By Mr. BELL: The petition of 91 citizens of Greene county, Ohio, praying Congress to pass a law providing that persons employed by Government in the Post Office Department shall not be required to perform services of said office on the Sabbath day when the public safety does not require it.

By Mr. SNOW: The petition of J. D. C. Stouterbaugh, H. R. Marshall, and others, citizens of Hyde Park, Dutchess county, New York, in favor of the extension of the Woodworth patent.

Also, the petition of Benjamin Mosher, Gerard Manning, M. L. Dorland, and others, residents of Dutchess county, New York, in favor of the extension of the Woodworth patent.

Also, the petition of W. W. Scrugham and others, residents of the State of New York, in favor of the extension of the Woodworth patent.

By Mr. FOWLER: The petition of the selectmen of Plymouth, Massachusetts, praying an appropriation for the preservation of Plymouth Beach and the protection of the work already performed by authority of Congress.

By THOMAS M. HOWE: The petition of F. Wineman and others, citizens of Western Pennsylvania, praying for additional protection to American labor.

Also, the petition of J. W. Kerr and others, citizens of Western Pennsylvania, praying for a canal at the Falls of the river St. Marie, Michigan.

Also, the memorial of George F. Henrici and others, of Pittsburg, Pennsylvania, on the same subject.

Also, the memorial of C. Curtis, Willard Leonard, and others, citizens of Western Pennsylvania, on the same subject.

Also, the memorial of McCandler & Campbell and others, of Alleghany county, Pennsylvania, on the same subject. Also, the petition of James Veale and others, residents of the Upper Peninsula, in the State of Michigan, upon the same subject.

Also, the memorial of William Werneburg, Leopold Sahl, and others, citizens of Pennsylvania, praying Congress to declare the forcible intervention of one State in the internal affairs of another State to be a violation of the public law of the world.

Also, the petition of George Peterson, Samuel L. Peden, Thomas Kier, and others, citizens of Pennsylvania, praying for additional protection to salt, iron, coal, glass, and cotton.

IN SENATE. MONDAY, March 8, 1852. Prayer by the Chaplain, Rev. C. M. BUTLER.

EXECUTIVE COMMUNICATIONS.

The PRESIDENT pro tem. laid before the Senate a report of the Secretary of State, accompanied by lists of the clerks and other persons employed in that Department during the year 1851; and the amount paid to each; which was read and ordered to be printed.

The PRESIDENT pro tem. laid before the Senate a report from the Secretary of State showing the disbursements for the service of the State Department, including foreign missions, for the year ending June 30, 1851; which was read and ordered to be referred to the Committee on Finance, and printed.

Also, the petition of Jordan W. Eldred and others, praying that the law abolishing flogging in the Navy may not be repealed; which was referred to the Committee on Naval Affairs.

Also, the petition of William Manchester and others, praying that the public lands may be granted in limited quantites to actual settlers not possessed of other lands; which was referred to the Committee on Public Lands.

Also, additional documents in support of the claim of the heirs of Brinton Paine; which were referred to the Committee on Revolutionary Claims.

Mr. SHIELDS presented the petition of William Heumann, a soldier in the late war with Mexico, praying a pension; which was referred to the Committee on Pensions.

prevent its infraction; which was ordered to be laid on the table.

In presenting this memorial the honorable Senator said, by intervention I mean the right to meddle with the concerns of other nations, and especially to put down struggles for freedom wherever efforts are made to establish free Governments. That is my doctrine on intervention.

Mr. DODGE, of Wisconsin, presented a petition of citizens of Wisconsin, praying a grant of land to certain companies therein mentioned, for the construction of a railroad from Chicago, through Janesville and Fond Du Lac, to Lake Superior; which was referred to the Committee on Public Lands.

Mr. BRODHEAD presented a petition of car

Mr. MILLER presented the memorial of Sarah Somers Corson, nearest surviving relative and heirat-law of Richard Somers, who fell at Tripoli in 1804, praying a pension; which was referred to the Committee on Naval Affairs.

Mr. WADE submitted a communication from P. K. Dickenson & Co., remonstrating against the further extension of Woodworth's patent for a planing machine; which was referred to the Committee on Patents and the Patent Office.

Mr. DAVIS presented three memorials of assistant marshals for taking the Seventh Census in Franklin county, Massachusetts, praying additional compensation; which was referred to the Committee of Claims.

Mr. MORTON submitted additional documents in relation to the claim of Chandler C. Yonge; which were referred to the Committee on the Judiciary.

Mr. RUSK presented the memorial of Roderick T. Higginbotham; the memorial of Margaret P. Hallett, administratrix of John Hallett; the memorial of Andrew Moore; the memorial of Daniel Davis; the memorial of Desha Bunton; and the memorial of John W. Bunton, praying the establishment of a tribunal to review the decisions of the late Board of Commissioners for the settlement of claims of American citizens against Mexico; which were referred to the select committee appointed on the subject.

Also, a memorial of citizens of Texas, praying the establishment of a mail route from Lynchburg to San Augustine in that State; which was referred to the Committee on the Post Office and Post Roads.

Mr. SMITH presented a petition of citizens of Fairfield county, Connecticut, remonstrating against the further extension of Woodworth's patent for a planing machine; which was referred to the Committee on Patents and the Patent Of

fice.

Mr. HAMLIN presented four petitions of citizens of Maine, remonstrating against the renewal of Parker's patent for improvement in waterwheels; which was referred to the Committee on Patents and the Patent Office.

line of steam-ships; which was referred to the Committee on Naval Affairs.

PETITIONS, ETC.

Also, a petition of citizens of Brooke county, Virginia, remonstrating against the renewal of Woodworth's patent for a planing machine; which was referred to the Committee on Patents and the Patent Office.

Mr. JAMES presented the petition of the children and heirs of Uriah Jones, a soldier in the revolutionary war, praying a pension; which was referred to the Committee on Revolutionary Claims.

Mr. SEWARD presented the petition of Arnold Hunter, an assistant marshal for taking the Seventh Census in Pennsylvania, praying additional compensation; which was referred to the Committee of Claims.

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

Mr. CASS presented a memorial of citizens of Pennsylvania, praying Congress to declare their recognition of the doctrine of non-intervention and

remonstrating against the further extension of Woodworth's patent for a planing machine; which was referred to the Committee on Patents and the Patent Office.

Also, a memorial of inhabitants of Lawrence County, Pennsylvania, praying that the transportation of the mails on Sunday may be prohibited by law; which was referred to the Committee on the Post Office and Post Roads.

Also, a petition of C. Churchman and others, praying appropriations for the repair of the breakwater and piers in the Delaware river; which was referred to the Committee on Commerce.

Also, two petitions of citizens of Montgomery county, Pennsylvania, praying an increase of the duty on iron; which were referred to the Committee on Finance.

Also, a petition of citizens of Pennsylvania, remonstrating against a renewal of Parker's patent for improvements in the water-wheel; which was referred to the Committee on Patents and the Patent Office.

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

Mr. FISH presented a petition of lumber dealers of Albany, New York, remonstrating against the further extension of Woodworth's patent for a planing machine; which was referred to the Committee on Patents and the Patent Office.

Mr. SOULE presented a resolution of the Legislature of Louisiana, in favor of an appropriation for the removal of the obstructions to navigation in the Red river; which was referred to the Committee on Commerce.

Also, the memorial of Dr George East, of Missouri, praying the establishment of a tribunal to review the decisions of the late Board of Commissioners for the settlement of claims against Mexico; which was referred to the select committee appointed on that subject.

Also, the petition of Thomas W. Phelps, praying a pension in consequence of the loss of sight caused by disease contracted in the naval service; which was referred to the Committee on Pensions.

Mr. RHETT presented the petition of Ann Y. Kelly, administratrix of William H. Lee, praying the establishment of a tribunal to review the decisions of the late Board of Commissioners for the settlement of claims against Mexico; which was referred to the select committee appointed on that subject.

Mr. BRADBURY presented five petitions of citizens of Maine, remonstrating against the renewal of Parkers' patent for improvements in water-wheels; which were referred to the Committee on Patents and the Patent Office.

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

In presenting the memorial the honorable Senator said: The petitioners pray that the bounty land act of September, 1850, may be so amended as to enlarge the quantity of land heretofore granted to 160 acres, because they say that 80 or 40 acres are not enough for a farm. They also say that soldiers who enlisted in the war with Mexico, and who spent only one month in barracks in comfortable quarters, get that quantity of land, and that the soldiers of the war of 1812, who fought several battles, ought at least to fare as well as those who rendered so little service.

Mr. WALKER presented a petition of citizens of Fulton county, Illinois, praying that the public

Mr. STOCKTON presented resolutions of the Legislature of New Jersey, in favor of an increase of the duties on coal, iron, and glass; which were ordered to be laid on the table and printed.

Mr. BRADBURY submitted a document in relation to the claim of Thomas B. Parsons to a pension; which was referred to the Comunittee on • Pensions.

PAPERS WITHDRAWN AND REFERRED.
On motion by Mr. MORTON, it was

Ordered, That the Secretary of the Senate transmit to the Secretary of the Treasury the original reports of the examination of the claims for spoliations by the American troops in West Florida in 1814 and 1818, communicated to the Senate by that Department the 16th of June, 1846. REPORTS FROM STANDING COMMITTEES. Mr. HUNTER, from the Committee on Finance, to which was referred the annual report of the Secretary of the Treasury on the state of the Treasury, submitted a report, accompanied by a bill amendatory of existing laws relative to the half dollar, quarter dollar, dime, and half dime; which was read and passed to the second reading. The report was ordered to be printed.

Mr. MILLER moved that 2000 additional copies of the above report be printed; which motion was referred to the Committee on Printing.

Mr. STOCKTON, from the Committee on Naval Affairs, to which was referred the petition of William Roberts, reported adversely thereon.

He also, from the Committee on Pensions, to which was referred the petition of Stephen P. Yeomans and others, reported adversely thereon.

He also, from the same committee, to which was referred the petition of Abraham L. Kincherbocker, reported adversely thereon.

He also, from the same committee, to which was referred the bill for the relief of Amos Knapp, reported the same without amendment.

Mr. FOOT, from the Committee on Pensions, to which was referred the petition of the administrator of Olive Folsom, submitted an adverse report thereon.

Mr. JONES, of Iowa, from the Committee on Pensions, to which was referred the petition of Charles H. Buxenstein, submitted an adverse report thereon.

He also, from the same committee, to which was referred the petition of John Le Roy, submitted a report, accompanied by a bill for his relief; which was read and passed to the second reading.

ing that it had passed the following bills from the Senate:

An act for the relief of Rufus Dwinel; and

An act to extend the time for selling the lands granted to the Kentucky Asylum for teaching the deaf and dumb;

Also, that it had passed the following bills, and requesting the concurrence of the Senate therein; An act to authorize the issuing of a register to the brig "America;"

An act for the relief of William S. Payne; An act to authorize the issuing of a register to the brig "Kossuth;" and

An act for the relief of Andrew Smith.

The four last named bills were severally read a first and second time by their titles, and were referred, the first and third to the Committee on Commerce; the second to the Committee on Finance; and the fourth to the Committee on the Post Office and Post Roads.

ENGROSSED BILLS PASSED.

The following engrossed bills were severally read a third time and passed:

A bill for the relief of John F. Callan, administrator of Daniel Renner, deceased; and

A bill to authorize T. H. McManus to enter by preemption certain lands in the Greensburg land district, Louisiana.

SURVEY OF NORTHERN AND CHINA SEAS.

Mr. SEWARD submitted the following resolution for consideration:

Resolved, That the Secretary of the Navy communicate sance of the routes of navigation in the Northern seas and to the Senate his opinion of the expediency of a reconnoisin the China and Japan seas, and whether any vessels belonging to the service can be used for that purpose; and also, what would be the expense of such a reconnoissance.

THOMAS B. PARSONS.

Mr. BRADBURY submitted the following resolution for consideration; which was agreed to:

Resolved, That the Committee on Pensions be instructed to inquire into the expediency of granting to Thomas B. Parsons, who received an injury in the naval service of the United States, arrears of pension, or the difference between the half pay of seaman and a petty officer, in which capa city he was acting at the time he was disabled.

THE SEVENTH CENSUS.

Mr. BAYARD. I desire to submit a resolution in relation to the returns of the last census. The resolution was read, as follows:

Resolved, That the plan for the publication of the returns of the census, as exemplified in relation to the State of Maryland which has been submitted to the Senate, be referred to a select committee of five for revision, who shall examine and report what alteration shall be made therein before the same is ordered to be printed.

Mr. BAYARD. I ask the unanimous consent of the Senate to consider this resolution at this time. We have delayed this matter for a long period. The plan has been before us for a long time, and it may require alteration; and I submit that the most competent mode would be to submit the Mr. BORLAND, from the Committee on Print-matter to the Senate in the way I have proposed. ing, to which was referred the report of the Secre- It is a subject of great importance. There is a tary of the Navy of the 5th instant, communica- great deal in some respects contained in the tabuting copies of certain contracts, reported in favor lar statement before us which, it seems to me, is of printing the same. entirely useless; and in other respects, some statements which ought to have been made have been entirely omitted. It is a matter for consideration; and I know of no better mode than by a reference to a select committee, so that we may know what we are to print, and in what form we are to send these tables and facts to the world before we print them.

He also, from the same committtee, to which was referred the resolutions of the Board of Aldermen and Board of Assistants of the city of New York, presented the 5th instant, reported that the same be not printed.

Mr. SEWARD, from the Committee on Pensions, to which was referred the memorial of the heirs of Brinton Paine, asked to be discharged from the further consideration of the same, and that it be referred, with the accompanying papers, to the Committee on Revolutionary Claims. It was so referred.

BOUNTY LAND TO SAILORS.

Mr. STOCKTON. Mr. President, I desire to give notice to the Senate that I will to-morrow, or some day thereafter, ask leave to introduce a bill granting to each commissioned officer of the Navy of the United States wno served in the war against Mexico, one quarter section of land; and to all petty officers, seamen, ordinary seamen, landsmen, and boys, and to all others who served on board of steamers, one quarter section of land each.

MESSAGES FROM THE HOUSE.

A message from the House of Representatives was received by Mr. FORNEY, its Clerk, announc

Objection being made, the resolution lies over.

CHEAP OCEAN POSTAGE.

Mr. SUMNER. I submit the following resolution. As it is one of inquiry merely, I ask that it may be considered at this time:

Resolved, That the Committee on Naval Affairs, while considering the nature and extent of aid proper to be granted to the ocean steamers, be directed to inquire whether the present charges for letters carried by these steamers, are not unnecessarily large and burdensome to foreign correspondence, and whether something may not be done, aud, if so, what, to secure the great boon of cheap ocean post

age.

There being no objection, the question was stated to be on the adoption of the resolution.

Mr. SUMNER. The Committee on Naval Affairs have the responsibility of shaping some measure by which the relations of our Government with the ocean steamers will be defined. And since one special inducement to these relations, involving the bounty now enjoyed and fur

ther solicited, is the carrying of the mails, I trust this committee will be willing to inquire whether there cannot be a reduction on the postage of foreign correspondence. Under the postage act of 1851, the Postmaster, by and with the advice of the President, has power to reduce, from time to time, the rates of postage on all mailable matter conveyed between the United States and any foreign country. But the existence of this power in the Postmaster will not render it improper for the committee, now drawn into connection with this question, to take it into careful consideration, with a view to some practical action, or, at least, recommendation thereon. The subject is of peculiar interest; nor do I know any measure so easily accomplished, which promises to be so beneficent as cheap ocean postage. The argument in its favor seems to me at once brief and unanswerable. A letter can be sent three thousand miles in the United States for three cents, and the reasons for cheap postage on the land are equally applicable to the ocean.

In point of fact, the conveyance of letters can be effected in sailing or steam-packets at less cost than by railway.

Besides, cheap ocean postage will tend to supersede the clandestine or illicit conveyance of letters, and to bring into the mails all mailable matter which, under the present system, is carried in the pockets of passengers, or in the bales and boxes of merchants.

All new facilities for correspondence naturally give new expansion to human intercourse; and there is reason to believe that, through an increased number of letters, cheap ocean postage will be self-supporting.

Cheap postal communication with foreign countries will be of incalculable importance to the commerce of the United States.

By promoting the intercourse of families and friends, separated by the ocean, cheap postage will add to the sum of human happiness.

The present high rates of ocean postage, namely, twenty-four cents on half an ounce, forty-eight cents on an ounce, and ninety-six cents on a letter, which weighs a fraction more than an ounce, are a severe tax upon all, particularly upon the poor, amounting in many cases to a complete prohibition of foreign correspondence. This should not be so.

It particularly becomes our country, by the removal of all unnecessary burdens upon foreign correspondence, to advance the comfort of European emigrants seeking a home among us, and to destroy, as far as practicable, every barrier to free intercourse between the Old World and the New.

And lastly, cheap ocean postage will be a bond of peace among the nations of the earth, and will extend good will among men

By such reasons this measure is commended. Much as I rejoice in the American steamers, which vindicate a peaceful supremacy of the seas and help to weave a golden tissue between the two hemispheres, I cannot consider these, with all their unquestionable advantages, an equivalent for cheap ocean postage. But I trust that they are not inconsistent with each other, and that both may happily flourish together.

Mr. RUSK. I have no objection to the passage of the resolution; but it involves an inquiry on the part of the Committee on Naval Affairs, in rela tion to a subject of which I do not see how they can take cognizance. The rates of postage between this country and England are established by treaty arrangements altogether. In relation to the enormous rates of which the Senator from Massachusetts speaks, I would reply that they were reduced at the last session of Congress more than half, which was all we thought we could reduce

them.

Mr. SUMNER. It will be observed, in the first place, that the resolution is one of inquiry merely, and that it is directed to a committee, which seems to me, under the present circumstances, to be the most competent to entertain that inquiry, for this reason: that it is specially charged with a review of the relations between the Government of the country and the ocean steam-packets, on their application for increased bounty. I desire that this committee, while considering this applica tion, should inquire whether, by recommendation or otherwise, they may not do something to promote cheap ocean postage. If the committee find themselves unable to do anything in this direction, then the inquiry, so far as they are concerned, ends.

It may then go to some other committee. Before offering the resolution, I conferred with at least two members of the Committee on Naval Affairs, and understood from them that the resolution, would not be unacceptable to the committee. At the present moment, while the question of bounty to the ocean steamers is pending, this seems to be the committee to which it belongs.

Mr. GWIN. When the Senator from Massachusetts spoke to me on this matter, I did not at the time see the bearing of it so well as I see it

now.

Committee. With my present views, I think this is a subject which should go to the Committee on the Post Office and Post Roads.

Mr. BADGER. The Committee on the Post Office, I think, is the proper committee, if it is proper to refer the resolution to any committee at all. I certainly do not think it should go to the Committee on Naval Affairs. Perhaps the better way would be to lay the resolution on the table until the Senate have had time to consider what disposition they will make of it. With that view, therefore, I move to lay it on the table for the present.

Mr. DAVIS. Will the Senator from North Carolina withdraw that motion for a moment? Mr. BADGER. Certainly.

Mr. DAVIS. I hope my colleague will permit this resolution to go to the Committee on the Post Office and Post Roads. That is the proper committee, I think, to which to refer it. My colleague will perceive that no change can be made in the postal arrangements by sea without a concurrence on the part of other Governments-that is, that we cannot diminish the rates of postage from this country, unless such a proposition is acceded to on the other side, because it would derange the whole system. It will, therefore, be for the Post Office Committee to consider whether any measures should be taken to effect such an object.

Mr. SUMNER. All that I had in view when I offered the resolution. I was aware that the reduction of postage depended ultimately upon treaty stipulations. I did suppose, however, that a committee of this body having the subject in hand, might, by recommendation at least, take some steps to promote that object. Perhaps it will facilitate a correct understanding of the question, if the resolution is read again, and I would ask that this may be done.

The resolution was accordingly read. Mr. SEWARD. I ask the Senator from Massachusetts [Mr. SUMNER] whether this subject, which certainly is a very important and interesting one, would not more properly be referred to the Committee on Foreign Relations? The Committee on Naval Affairs is burdened with a very extensive business not closely connected with this, while it addresses itself legitimately, I think, to the Committee on Foreign Relations. I do not know any other subject on which that committee could be engaged so profitably and beneficially. If that committee is not prepared to examine the subject, I would suggest to my friend from Massachusetts to permit the resolution to lie on the table for a day or two, till we have time to consider it more fully.

although it may be a subject which refers to the relations between ocean steamers and the Government, which is a question now before the Naval Committee, yet it is not germane to that subject. I understand the ocean steamers want an increase of compensation from the Government for their services. That may be right or wrong. That will be a matter for the Naval Committee to inquire into; but whether it is proper for this Government to enter into any arrangement to reduce the postage is a question for the consideration of the Post Office I submit, therefore, to the Senator from New York to withdraw his proposition. Mr. SEWARD. I withdraw my amendment. Mr. BADGER. Like my friend from Virginia, I am willing that the resolution should go either to the Committee on Foreign Relations or to the Committee on the Post Office and Post Roads, or to any other committee except the Committee on Naval Affairs. Now, each of us seems to be willing that the subject should go to any committee except the one which we are upon. I think it would be better to let the matter lie over till to-morrow, until we see what committee will be the most proper one to take charge of a subject of which none of the committees hitherto named seems desirous to take charge.

Mr. SUMNER. Very well; I am willing to consent to that.

Mr. BADGER. Then I move that, for the present, the resolution be laid upon the table. The motion was agreed to.

RAILROADS IN IOWA.

The Senate resumed the consideration of 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, the pending question being on the amendment offered by Mr. UNDERWOOD.

Mr. UNDERWOOD replied to the remarks of the Senator from Iowa [Mr. DODGE] in a speech which will be found in the Appendix.

Mr. HAMLIN. I do not suppose that any day; I do not myself purpose to speak upon it at Senator proposes to discuss this bill further to

all; but there are some matters, of an executive character, to which I desire to invite the attention of the Senate, and which require its action. I therefore move to postpone the further consideration of this subject until to-morrow, for the purpose of afterwards moving that the Senate pro

ceed to the consideration of Executive business.

Mr. BORLAND. I wish to say to the Senate that I desire to offer a very few remarks on this bill before it is finally disposed of. Therefore, if the honorable Senator will permit, I will make the motion to postpone, so that I may have the floor when the subject again comes up.

Mr. HAMLIN. I withdraw the motion to accommodate the Senator from Arkansas.

Mr. BORLAND. Then I move to postpone the further consideration of the bill until to-mor

row.

Mr. CLARKE. It will be recollected by the Senate, that some ten or more days since, to-morrow, (Tuesday,) was assigned for the consideration of the resolution which I had the honor to introduce upon the subject of non-intervention. The honorable Senator from New York [Mr. SEWARD] has the floor upon that subject; and it is very desirable, indeed, to him that he should have an op

Mr. SUMNER. I would remark that the resolution was predicated upon an existing fact, namely: that the Committee on Naval Affairs is now charged with a special subject which it seems to me at the present moment is intimately connected with the inquiry into the importance and practi-portunity to-morrow to deliver his sentiments upon cability of cheap ocean postage. You will observe that in the beginning of the resolution, particular reference is made to this fact, and it is on this account that the resolution is directed to the Committee on Naval Affairs.

Mr. SEWARD. I desire to move to amend the resolution by striking out "the Committee on Naval Affairs," and inserting "the Committee on Foreign Relations."

Mr. MASON. I think the Senator from New York in reviewing that motion will find that it is a subject which is utterly inappropriate for the consideration of the Committee on Foreign Relations. It is a matter which relates to mail contracts. I am willing that it should be sent to the Committee on Naval Affairs, or to the Committee on the Post Office and Post Roads; but it seems to me, with all due deference to the mover, that it belongs especially to the Committee on the Post Office and Post Roads. It is a matter of postal regulation, affecting the revenues of the post office; and

it. I shall, therefore, to-morrow morning ask the accommodation of the honorable Senator from Senate to take up that question with a view to the New York. After that, there will be nothing to interfere with this bill, and Senators can express their opinions upon it.

The PRESIDENT. It will of course be in the power of the Senate to take up either subject to

with an amendment, in which I am directed to ask the concurrence of the Senate.

On the motion of Mr. MANGUM, the Senate proceeded to consider the amendment of the House of Representatives to the said bill.

The amendment was read, as follows:

"Strike out all after the enacting clause, and insert: "That it shall be the duty of the Attorney General of the United States to prosecute the writ of error pending before the Supreme Court of the United States, in the case of D. D. Mitchell versus M. X. Harmony, without cost to the plaintiff in error.

SEC. 2. And be it further enacted, That the Attorney General be, and he hereby is, directed to cause such chancery or other proceedings to be instituted in the name of D. D. Mitchell vs. M. X. Harmony, or his assignees, before the proper court at St. Louis, Missouri, as shall stay proceedings upon a certain judgment at law, in the name of said Harmony, against said Mitchell, till the rendition of an opinion by the Supreme Court of the United States upon the writ of error aforesaid. And it shall be the duty of the Secretary of the Treasury to cause such security to be entered by the United States as shall indemnify and save said Mite' ell harmless against said judgment.

"Sec. 3. And be it further enacted, That whenever the Attorney General of the United States shall certify to the Secretary of the Treasury that the writ of error aforesaid has failed, or that no further steps can be taken at law or in equity whereby to avoid the payment of said judgment, in favor of said Harmony, rendered in the State of Missouri, then it shall be the duty of the Secretary of the Treasury, and he is hereby authorized to liquidate and satisfy said judgment, damages, and costs, out of any money in the Treasury not otherwise appropriated.”

Mr. MANGUM. It will be remembered that a bill has been passed by the Senate at this session, providing for the immediate payment of the judgment obtained against Colonel Mitchell. This amendment of the House of Representatives proposes to give the defendant in the original suit an opportunity of having it regularly adjudged in the Supreme Court of the United States. As I understand, the verdict was deemed a very extraordinary one. It was for a very large amount of money; and Mr. Mitchell, who had been acting as the agent of the Government, was unwilling to bankrupt his private fortune, and call upon other gentlemen to bankrupt theirs, in all probability, by entering such large security for prosecuting it further. This amendment proposes that the Secretary of the Treasury, for the Government, shall meet that responsibility; and if, ultimately, the claim shall be adjudged to be good, the amendment only provides (what we have already voted) that the money shall be paid out of the Treasury of the United States. I hope the amendment will be agreed to.

Mr. BORLAND. The bill which was originally passed by the Senate and sent to the House, and to which this is an amendment, was reported from the Committee on Military Affairs. I see no other member of the Military Committee of the Senate now present; but I think I fairly represent that committee in advocating the immediate adoption of this amendment. In reporting the bill originally, the committee proceeded upon the ground that although, in their opinion, the judgment was an improper one, and had been obtained by improper means, yet Colonel Mitchell acted in good faith, and should be protected. On that ground the Senate passed a bill for his relief. This amendment of the House of Representatives secures all the relief which the bill passed by the Senate secured, and at the same time authorizes and requires steps to be taken to see if we cannot also relieve the Government from the payment of an unjust claim.

The amendment of the House of Representatives was agreed to.

Resolved, That this day be appropriated, to the exclusion of all other business, to the call of the States, beginning with the State of Maine, for resolutions, and bills of which previous notice has been given, and upon which no debate shall be allowed.

Mr. GENTRY. committees.

Let us have reports from

The SPEAKER. The introduction of the resolution is objected to.

Mr. JOHNSON, of Tennessee. Will it be in order to move to suspend the rules for the purpose of introducing that resolution?

The SPEAKER. The Chair thinks not, for the reason that the bill for the relief of Lieutenant Colonel Mitchell is now before the House on a motion to reconsider. When that is out of the way, it will be in order to submit the motion indicated.

POST ROADS IN LOUISIANA.

Mr. PENN, by the unanimous consent of the House, submitted the joint resolutions of the Legislature of the State of Louisiana, in favor of the establishment of certain post roads in that State; which were read, and referred to the Committee on the Post Office and Post Roads.

Mr. CLINGMAN called for the regular order || of business.

Mr. ROBBINS. I hope the gentleman will allow me to offer certain joint resolutions of the Legislature of the State of Pennsylvania.

Mr. DOTY objected.

Mr. CLARK. Will it not be in order to move for the suspension of the rules, with a view to the introduction of the resolution proposed by the gentleman from Virginia, [Mr. THOMPSON?]

LIEUTENANT COLONEL MITCHELL.

The SPEAKER. It will not, until the bill for the relief of Colonel Mitchell, immediately before the House for consideration, is disposed of, it having been introduced under a suspension of the rules. The House is now called on to act upon that bill thus introduced.

Mr. STUART. I think the question pending is upon a motion to reconsider.

The SPEAKER. The question pending is a motion to reconsider the vote by which the bill

was ordered to be read a third time.

Mr. STUART. Will it be in order to move to postpone that subject?

The SPEAKER. The Chair thinks that it will be.

Mr. STUART. Then I make the motion to postpone it for thirty days.

[Cries of "No!" "No!"] Mr. STUART. I understand, sir, that the Supreme Court will not sit again, to decide this question now before it, within thirty days, and if that be so, I will modify that motion to extend it to sixty days-to allow time for the Supreme Court to act upon the question before it. Now, I submit that it is reasonable for the friends of this measure and I claim to be one of them-to proceed cautiously and prudently. If the Supreme Court of the United States reverse the original judgment rendered in New York, then relief can be sought against the judgment and execution in Missouri. But there is another reason, and it is this: There has not been one particle of evidence furnished to this Congress, so for as I have been enabled to learn, of the present condition of that judgment and execution in the State of Missouri. A report which is made to the Senate, and which is said to be a unanimous one, is the most meager thing imaginable. That committee reports unanimously that the judgment ought to be paid. They report there is an execution issued against the property of Colonel Mitchell; that it is levied upon; that there is danger of its being sacrificed, he bankrupted and ruined, and yet they do not furnish one particle of evidence to sustain that fact. And it will be seen that they speak of the impending difficulty existing then-that is, four months ago. It existed then, and every time this question has come up we have been urged to act precipitately, without reflection, without evidence, because there is an impending execution over the property of that agent-that it is about to bankrupt him. Now, if

this has existed for four months-the same evil

hanging over his property-it is time that there

was evidence of it here. There is another fact which should not be lost sight of. It is not reasonable, nor has any gentleman here yet been able to furnish any evidence how it is reasonable, that

judgment should be rendered against him if all was fair. I insist, and I do so with proper deference, that it becomes the House of Representatives to pause, and not to pass a law paying this judgment, which would put it beyond our reach even to get out of the difficulty, until we have some positive, incontrovertible evidence that the facts which are claimed to exist in this case, do in truth exist.

If Colonel Mitchell shall be compelled to pay this debt, and the Supreme Court shall reverse the judgment rendered in the city of New York, it would leave a remedy-the money can be recovered back by him; but if the Government of the United States pay the judgment, it would be gone forever. I am disposed to indemnify that man, and I am very strongly inclined to think that he should be indemnified; but I say, it is due to ourselves that we should have the proof, and not to go and precipitately consummate an act that never can be retrieved, and to do an injustice to this Government for the want of the proper evidence before us. I hope, therefore, that the House will take such action upon this subject as not to reject it I do not wish that done--but that they will hold it within their power to postpone the consideration of it to a time when we can learn from Missouri what is the condition of things there, and to learn from the Supreme Court of the United States what they will do in regard to the original judgment. That there is a writ of error pending there is now thoroughly shown. It is beyond dispute; and the court have got to pass upon it. If they reverse the judgment, then there is no reason why we should pay the judgment in Missouri. If they shall affirm that judgment, why, sir, it will be due when the court meets again on the first of April, or shortly after. It will be in ample time to save this man, to save his property, and to save the Government of the United States from an injustice that may happen if we act precipitately. All suggest, therefore, to the consideration of the House is prudence, and a proper degree of discretion in this matter.

Mr. PHELPS. Mr. Speaker, there has been no disposition upon the part of the friends of this bill, I am sure, to precipitate the action of the House. The other day, while it was under consideration, a statement was made by me that no writ of error was pending—that it was abandoned. This statement was made upon the authority of the report of the Committee on Military Affairs in the Senate, which I then had before me. No one was more surprised than myself when the statement of the Clerk of the Supreme Court was read, showing that the case was still on the docket of that court. Since that time, by the kindness of one of the Judges, I have been furnished with his printed copy of the record, and now have it before me. If any relief is to be given Colonel Mitchell, it must be given early and promptly.

The gentleman from Michigan [Mr. STUART] now proposes that further action upon this bill shall be postponed for sixty days. That proposition I am bound to resist. The gentleman says that he desires to know what evidence we have of the judgment in the circuit court of St. Louis county. The report of the Committee on Military Affairs of the Senate states the fact. I presume no record was brought here from Missouri to prove it by that character of evidence, because during this winter a number of gentlemen, members of the bar, from St. Louis county-gentle

men conversant with the action of this court in St. Louis-were in this city, and I suppose the evidence upon which that statement in the report was made was obtained from them.

I admit this would not be legal testimony in a court of justice, nor do we require that. I take it for granted that no one will deny the existence of this judgment, and that it is the one against which Colonel Mitchell asks to be indemnified.

The property of Colonel Mitchell can and I fear will be sold under the execution issued upon the judgment which Harmony has obtained against him in the court in Missouri, unless we afford him relief. There is no power here to stay that judgment. I then will suggest to my friend that perhaps this bill may be so modified that not only relief may be afforded Mitchell, but at the same time the Treasury be guarded. Suppose this bill be modified by the House so as to provide that the Attorney General of the United States shall prosecute, in behalf of the United States, the

writ of error pending in the Supreme Court of the United States, and that he be also directed to take the necessary steps to stay further proceedings upon the judgment issued in Missouri against Mitchell, if it can be done; and in the event of being unsuccessful, that the judgment shall be liquidated by the money that we shall appropriate. Then you place the United States to defend Colonel Mitchell. You prosecute the suit, where Colonel Mitchell is the plaintiff in error, now pending in the Supreme Court of the United States, and you really make the United States (though not in name) defendant in the judgment whch now exists in Missouri.

But it is stated that this judgment might have been postponed, or stayed, by the action of the courts of Missouri. That could not have been done. No defense which existed prior to the rendition of the judgment of the circuit court in New York could be urged as a defense to the suit brought in that record in the courts of Missouri. Although Colonel Mitchell might have felt himself aggrieved by that judgment, still, so long as that judgment was unreversed and in force, he had no ground of defense against the suit which was pending against him in the St. Louis circuit court But here let it be understood that in Missouri we have abolished the forms of action as they existed at common law, and our suits are commenced by petition, and that not only the plaintiff is required to verify the facts set forth in his petition, but the defendant is required to make answer to the alle gations contained in the plaintiff's petition, and to verify his answer by affidavit. What defense could Mitchell make? None whatever. I say he had nothing, therefore, which he could urge in defense of that suit which was brought against him in St. Louis county, and judgment was bound to go against him. I desire that the gentleman who has made the suggestion shall be apprised of what may be the results in the event that you seek to enjoin that judgment obtained in Missouri: ten per cent. damages, besides costs, are allowed by the law of our State if the injunction should be dissolved.

Gentlemen have inquired why, since this case was taken up from the circuit court of the United States for the southern district of New York to the Supreme Court, there was not a stay of exe cution? Do you believe that a resident of the State of Missouri-no matter what his reputation for pecuniary responsibility may be if he should be in the city of New York, and a judgment to the amount of $95,000 should there be rendered against him, could give security for double the amount of the judgment-say $190,000-in order to have a supersedeas of the execution? It could not be done. There are two methods by which you take a case to the Supreme Court. In one method there is a supersedeas; and that is where you give bond in double the amount of the judg ment rendered, with security-the sufficiency of that security to be adjudged and determined by the court. In the other way, you may take an appeal during term time, or within ten days there after; in which event you have to give a bond, with security, for the costs of prosecuting the appeal. The very question of defense, and the very charge delivered by Judge Nelson in the trial of this case, has undergone the revision of the law officer of this Government, and I hold here in my hand the report made by the Solicitor of the Treasury-Mr. Clark-when he was called upon to examine into the propriety of prosecuting the case in the Supreme Court, or probability of a reversal of the judgment. His opinion upon that subject was given last winter. It is a pamphlet containing some twelve pages.

It will be recollected that this suit was pending in New York under the instructions of the Solici tor of the Treasury. Mr. Shepard, the then district attorney for the Southern district of New York, was directed to defend the case, and to aid Colonel Mitchell in his defense; and the whole record shows that Mr. Shepard was the attorney in that case, although Colonel Mitchell employed another gentleman by the name of Eager to aid in his defense. It appears that a transcript of the record was presented to Mr. Clark. He reviewed the case, and here follow the points which he makes upon a full examination. The record shows that the counsel for Mitchell excepted to the charge given by Judge Nelson to the jury, and the bill of exceptions is contained in the volume