PUBLISHED AT WASHINGTON, BY JOHN C. RIVES.-TERMS $3 FOR THIS SESSION. 32D CONGRESS, 1ST SESSION. Mr. DAWSON presented resolutions of the Legislature of Georgia in favor of the doctrines of neutrality and non-intervention; which were read and ordered to be printed. Mr. WADE presented resolutions of the Legislature of Ohio, in favor of the construction of a new canal around the Falls of the Ohio; which were referred to the Committee on Roads and Canals, and ordered to be printed. PAPERS WITHDRAWN AND REFERRED. On motion by Mr. BELL, it was Ordered, That the documents on the files of the Senate relating to the claim of Anthony Rankin, be referred to the Committee of Claims. On motion by Mr. SEWARD, it was Ordered, That the memorial of James McGregor, junior, administrator of Wally & Donaldson, and the memorial of John Powell, assignee of Thomas Powell, presented the 26th of February last, be referred to the select committee on the subject of claims against Mexico. On motion by Mr. SEWARD, it was Ordered, That leave be granted to withdraw the memorial of citizens of New York in behalf of Daniel Doland. REPORTS FROM STANDING COMMITTEES. Mr. ATCHISON, from the Committee on Indian Affairs, to which was referred the memorial of the legal representatives of Joshua Kennedy, deceased, submitted a report, accompanied by a bill for their relief; which was read and passed to the second reading. The report was ordered to be printed. Mr. FELCH, from the Committee on Public Lands, to which was referred resolutions passed at a meeting of citizens of Wayne county, Indiana, relating to a division of certain Indian territory, asked to be discharged from the further consideration thereof, and that they be referred to the Committee on Indian Affairs. They were so referred. merce, to which was referred documents presented on the 20th ultimo, relating to the treatment of passengers in steam vessels going to and from California, and a communication of citizens of Brunswick, Maine, on the same subject, asked to be discharged from the further consideration thereof; which was agreed to. Mr. HAMLIN, from the Committee on Com NOTICES OF BILLS. Mr. MALLORY gave notice of his intention to ask leave to introduce a bill to authorize the Postmaster General to convey the mails in steamers between New Orleans and Key West, and certain intermediate points. Mr. UNDERWOOD gave notice of his intention to ask leave to introduce a bill for the relief of the Orange and Alexandria Railroad Company. GOVERNOR AND JUDGES OF OREGON. Mr. ATCHISON submitted the following resolution for consideration: Resolved, That the Committee on Territories he instructed to inquire into the expediency of so amending an act to establish the territorial government of Oregon, as to authorize the legally qualified voters of said Territory to elect their Governor and judges. THE STEAMSHIP BALTIC. Mr. SEWARD. I desire to submit the motion that when the Senate adjourns to-day, it adjourn to meet on Wednesday. The ground of the motion is, that a steam-ship, which is very interesting in its connection with the commerce of the country and with questions which are before Congress, is in our port, and that Congress have been invited, I understand, to visit it to-morrow. I believe the time would be well spent, under these circumstances, and I submit the motion. Mr. DODGE, of Iowa. I trust that that motion will not prevail. I think the business of the Senate is so much in arrear, that the Senate ought not now to adopt the proposition. I hope it will not be adopted. Mr. GWIN. Like my friend from Iowa, I am generally very much opposed to these adjourn ments. But I hope the Senate will adjourn over for the purpose of examining the fine steam-ship now in our waters, but which will leave here the day after to-morrow. I am as much interested in constant sessions of the Senate as any member of FRIDAY, MARCH 5, 1852. this body; but I do not think we can employ ourselves better in facilitating business hereafter, than by adjourning over for a day, as proposed by the Senator from New York. Mr. BRODHEAD. I concur with the views submitted by the honorable Senator from Iowa. There are other interests that want special protection. I understand that this vessel comes here for the purpose of making an exhibition and of giving an entertainment, for the purpose of getting money from the Treasury. They say they cannot compete with British vessels. Why, sir, that is just what the iron interests have been long saying in Pennsylvania; and it is just what the men who have been engaged in making cotton goods say; and yet, unless they can come here and give an exhibition of their goods, wares, and merchandise, for the purpose of getting special legislation, they receive no attention. I think the Senate ought not to spend its time in visiting a ship in this way, and under these circumstances. I think the Senate might spend its time more profitably in looking to other interests which are waiting to obtain its attention. Mr. GWIN. The Senator certainly has forgotten the exhibitions of the iron interests we have kept open houses here for years past, for the purheretofore had in this city. Their committees have pose of getting special legislation for their benefit. They have had free access to our committee rooms; and aided materially in preparing the tariff of '42. Persons representing the cotton and iron interests have controlled the legislation of this country heretofore. In regard to this matter, it is binding on no member to vote an appropriation increasing the compensation for carrying the mails in these vessels merely because he looks at and examines them. No one is pledged by doing so. The exhibition is given for no such purpose as has been intimated by the Senator from Pennsylvania. So far as the cotton and the iron interests are concerned, I hope they have had their day, and that they will not be permitted to control our legislation or our acts hereafter, as the Senator seems so earnestly to desire. Mr. BRODHEAD. I do not represent any particular interest, but I think that all ought to have the same chance. The iron men of Pennsylvania cannot bring their iron establishments here. Mr. GWIN. They can bring their men here, and that amounts to the same thing. Mr. BRODHEAD. If they do come, I have not seen them. It would be difficult for them to get their furnaces here. I do not pretend to say they ought to have any particular legislation for their benefit, but I do say that this is not a proper mode of obtaining legislation. Mr. BORLAND. It seems to me that this proposition, and the remarks it has called forth, present rather a strange state of things before the Senate and the country. It seems to me to have brought forth the statement-I presume, of course, based upon facts-that the legislation of this country for years past has been sought to be controlled, and to some extent has been controlled, by exhibitions, such as is now making in the immediate neighborhood of this city-that great money-interests have come, with their agents and their exhibitions, and by their out-door pressure made themselves felt in the legislation of Congress. And during the short term of service I have had the honor of being here, this out-door pressure has been brought to bear upon as humble an individual as myself, to induce legislation and extract money from the public Treasury, which has, it is evident, gone into the hands of individual speculators and large capitalists. The honor as well as the interest of this country, and especially the honor of the Senate of the United States, require that we should turn our face from such propositions-turn away with scorn and contempt from all such exhibitions-repudiate the use of such influences for electioneering, lobbying, and logrolling here, for the purpose of controlling and influencing the votes of members of Congress. I am an humble member of this body-the humblest on this floor in all respects; but I feel bound NEW SERIES....No. 42. to say of this proposition, coming from capitalists in any quarter of the country, that I consider it a direct insult to any one having the honorable impulses of a man and a patriot in his bosom. Mr. SEWARD. Mr. President, it is of course for every Senator to determine for himself what susceptibility he has to improper influences; but it is not for one Senator to determine for others. Now, I have no doubt that the honorable Senator from Arkansas, and that every Senator here, is capable of examining the steainship Baltic, and even of receiving hospitalities on board of her, if such are proffered, without at all compromitting, in his own mind, the feelings which he thinks ought to govern him in regard to appropriations from the public Treasury. Such a thought never occurred to me. I have no opinion made up in regard to any claim upon Congress in regard to appropriations for this, or any other line of steamers; but I am willing to be informed; I am willing to learn; and I do admit this fact in regard to this question, (if it be proper to go into the merits of a question before Congress on such a motion as this,) that the country has a right, at a crisis of deep and exciting interest in regard to the commerce of the country, to demand that we should determine the question whether we shall secure the commercial ascendency of the world, or shall suffer it to pass from our grasp. The question is one in which the nation has a deep interest. I am desirous, for one, that those who have called our attention to this subject shall receive every proper consideration, and that they should have an opportunity of presenting their claims in the most favorable manner possible. So far as the argument of my honorable friend from Pennsylvania is concerned, I can say to him that I have no such preference for one interest over another as would sway my judgment in favor of a commercial to the prejudice of a manufacturing interest; and that of all others, the measure which I should support with the utmost cordiality would be a measure for the protection and relief of the iron manufactures. If it be not possible for the manufactories and furnaces to be removed here, and have Congress visit them here, it would give me great pleasure to go with him to examine the condition of those manufactories in his State, as it has always given me great pleasure to see such manufactories flourishing in my own. I hope the motion will prevail. Mr. BAYARD. Mr. President, I do not propose to touch the question whether or not the owners of this line of steam-ships should receive the additional compensation which they claim. But it seems to me that there is an unnecessary excitement in regard to this matter, both on the part of my friend from Arkansas, and my friend from Pennsylvania. I do not see why they should manifest such excitement in regard to the proposition to give Senators an opportunity to inspect this vessel. It is simply a proposition to allow us to look at an exhibition of American skill, and that relating to a question in which the maritime superiority of this country or of her great rival is concerned. Is there anything improper in the owners of these vessels exhibiting one of their line, when they have before Congress a petition for increased compensation, grounded on the fact, as they state in their memorial, that, with a view to maintain the superiority of American skill in reference to steamers upon the ocean, they have gone beyond the extent of their contract with the Department, and have constructed, regardless of expense, vessels which have been unrivaled, both as regards their speed, and their comfort and magnificence in every respect. Now, if they send here one of their vessels, in order that we may inspect her, and see if there is no delusion in reference to their representations, by evidence which no man can resist, is there anything improper in that, as an argument addressed to the intelligence of Congress? Is there anything which appeals to an improper sentiment, or an improper motive on the part of Senators, for the purpose of determining whether the compensation asked for should be made? The compensation is asked to be made on Mr. MALLORY. Mr. President, the question is, whether the Senate shall adjourn till Wednesday; and the object of the adjournment is to afford Senators an opportunity to visit the steamship Baltic. Is the object, as stated here, of sufficient importance to occasion the adjournment of this body? If it be so, I should like to hear it stated. There is a very singular coincidence here. There is an application pending from the proprietors of this line for an increase of their compensation of some sixty per cent. They ask to have it increased from $385,000 to $600,000. While that application is pending before the naval committee, we find this steamer in our waters, and an invitation on the table of Senators to go on board of her. the ground of extraordinary expense; because the But it is sought to justify this adjournment, on the ground that it will afford Senators an opportuwhether she be or be not fit to carry the mail on her voyages. This is, indeed, a very singular attempt. Does the Senate suppose, for a single moment, that its members would be, are capable of such an examination on this visit of ceremony Such an examination would require an inspection of the minutest details, to be carried on for weeks-requiring an investigation of every part of the ship. Is the Senate informed that we have officers paid and stationed in the city of New York, who have examined this very vessel, and that they have given her a certificate? The very fact that she has a certificate, and that she is here, is prima facie evidence that she is fit to perform that service. If she is not competent, she ought not to be here at all. We take it for granted that she is, in all respects, competent for this purpose. Now, this singular coincidence occurring, of this vessel being in our waters at this moment, when the application of the proprietors is before the Senate for an increased compensation, though the youngest member of this body, it would cause me at once to examine the estimates put forth on which increased compensation is based; and, if I had no other objection, I should vote against it now on that account. If there be Senators who desire to institute a personal examination into the fitness and speed of this vessel, I hope they will take the opportunity; but I do not see any necessity for compelling other Senators, who have no such desire, and feel a perfect incompetency to make such an examination, to go on board of her. I hope they will not compel others who are disposed to sit here and perform their duties to their constituents, to adjourn. Let those go on board who desire to do so, without an adjournment. have no desire to go. I have no doubt that a perfect scientific examination and report of this vessel is now in the Navy Department, where, if any Senator wishes to see it, he can do so. I Mr. BORLAND called for the yeas and nays; and they were ordered. Mr. BORLAND. The honorable Senator from Delaware mistook the view which I took of this matter. It was not that I have any objection to these steamers coming here. Certainly, on the floor of the Senate I should never have an objection to any gentlemen, or any company, who have invested their money in any branch of industry whatever coming here and exhibiting their goods or their enterprise to the public; but the objection which I make is, that this proposition comes before the Senate of the United States, and involves its official action. Now, if gentlemen wish to go as individuals, or as Senators, to enlighten their own judgment by examining this ship, surely there is plenty of time during the twenty-four hours in which they can do so, without trenching on the time of the Senate, which we know is now demanded by the press of business of the country, and of private individuals having just claims upon the Government. Business is pressing us, and we are not able to do it promptly. If the purpose is to gain information, which it is said is so desirable to enable us to legislate with a proper understanding of the merits of the case, would it not be an appropriate plan to bring forward a resolution to appoint a committee of the Senate to go and make an examination in a manner which would be entirely satisfactory? If Mr. RUSK. Mr. President, I desire to say but that were the object of the proposition, this would one or two words. I shall vote against this adseem to me to be an appropriate plan. But what journment over; and I think it is unfortunate for is the proposition? We have all received invita- the steam-ship and also for the deliberations of the tions to go on board this steamer. Is it for the Senate, that any such motion has been made. I purpose of having members of Congress go to have had occasion to examine this contract which look at the matter in a scientific point of view, or has been made for these ships, and the manner in for the purpose of enabling us to legislate under- which the contractors have complied with their standingly? No sir; there is to be an entertain- contract, and I feel sure that they have so complied ment, to which ladies and gentlemen are invited; with it as to do credit both to themselves and to and if we go on board the vessel under such cir- the country. I have examined the application cumstances, shall we be likely to get the information which is before Congress for additional remunerawhich is desired? Certainly not. If it is necessary tion to them, and I think it is an entirely reasonfor us to get this information to enable us to legislate able one, and such a one as I am prepared to vote properly, let a proposition be made that a com- for. I do not see that it is going to benefit either mittee of the Senate be appointed to get the aid of the country or the proprietors themselves to bring competent engineers and scientific men, and go up and discuss in the abstract, questions which it and examine into the questions involved in our would take time to investigate; I shall, therefore, official action here. I should have no objection vote against this adjournment over. If I were a to such a proposition. But the present proposi-judge of steam-ships and desired to see this one, I tion to adjourn the Senate, neglect the public business that is pressing upon us, and requiring more of our time than we are now able to give to it, for the purpose of engaging in a festival, and thus bring us within the attempt, and make us recognize the attempt to influence our action and control us here by this out-side, out-door influence, I can understand in no other way than that these persons are acting upon a saying we sometimes hear throughout the country-a proposition which is an insult in itself that the nearest way to the hearts and understanding of Senators is down their throats. would go and do so without neglecting my duties the commerce and the mail service of the country. Mr. BAYARD. If I thought the effect of adjourning over to-morrow would be to retard the business of the Senate, I should vote against the proposition; but I do not think that will be the effect of it. The proposition meets my approbation, not because I desire to see this vessel, but because I thought it would be proper that other Senators should have an opportunity of doing so. The Senator from Florida objected to this proposition, on the ground that an accurate judgment could not be formed of such a ship without a minute examination. But I presume one may be able to judge of a picture and its magnificence, though not a painter; one may judge of a building, though he be not an architect So I think that one may form some judgment of these vessels without going into a thorough investigation of every part. My own opinion is, that the examination of such a ship would make an impression on the minds of others such as it made on my own-it would arouse a vast deal of national pride, a national feeling in favor of this line of steamers. If the line cannot be sustained without additional compensation-and I know nothing of the facts of the case-the interests of the country require that it should be sustained by additional compensation. Though I support the motion, and desire that Senators shall see this noble vessel, yet, if it be true that the effect of an adjournment over would be to retard the public business, I should vote against it. But the public business, it seems to me, is not altogether performed in this Hall. I suppose that much of the real labor of the Senate is done in the committee-rooms; and those honorable and learned Senators, who are so exceedingly fearful lest a single day should be lost to the public business, and that to-morrow will be wasted if we adjourn over for the purpose of viewing this specimen of naval architecture, can very well occupy their time to-morrow in the committee-rooms, with equal benefit to the country as if the Senate were in session. When we have devoted day after day to the discussion of resolutions on the compromise, on subjects of legislation which have been passed and gone by long ago, in which the feelings and interests of the country would lead to no further agitation, on which the minds of the people are made up, and on which the speeches that have been made have been filled with crimination and recrimination without reference to any public interest whatever, it is somewhat late in the day, when a proposition of this kind is made, to talk of the waste of public time. Mr. DOWNS. As the yeas and nays have been ordered, I wish to explain very briefly that I shall vote against this motion very much on account of the considerations suggested by the Senator from Texas, [Mr. Rusk.] I think there is entirely too much importance attached to the proposition. I see no objection to a Senator going to visit this steamship if he desires to do so; and, on the other hand, I see no necessity for an adjournment for that purpose. While, therefore, I shall vote against the motion to adjourn over, I shall express no opinion on the subject which has been brought into this debate. Unlike the Senator from Texas, I have not examined the subject, and have not formed any opinion whether I shall or shall not vote in favor of additional grants to this line of steam-ships, and I therefore express no opinion on it. As I am always opposed to unnecessarily wasting the time of the Senate, and as I think there is no necessity for an adjournment over, I shall vote against the proposition, holding my self, however, at liberty (as I suppose every Senator does) to vote just as I please on the question of granting additional compensation to these per sons. Mr. BORLAND. I desire to say that my remarks were not based at all on the merits of the question whether we should or should not grant an additional appropriation to the company owning. these steam-ships. Whether the grant asked of Congress is proper or not, whether I shall vote for it or not, has nothing to do with the views I express with regard to the proposition to adjourn over, in order to engage in a jollification on board the Baltic. Whether the grant asked for is reasonable or unreasonable, proper or improper, I object to the means brought to bear for the pur pose of gaining favor for it, and commending it to the consideration of Congress. Mr. BRODHEAD. Those are my sentiments exactly. Mr. JONES, of Iowa. If it be in order to move an amendment to the proposition of the Senator from New York, I move to amend so that it shall read, that when the Senate adjourns to-day it be to meet to-morrow at ten o'clock, and that the Senate will to-morrow adjourn at three o'clock. That will give those who desire to examine this vessel an opportunity of doing so to-morrow afternoon. By pursuing this course, we can do business for five hours, instead of three hours as usual. Mr. DODGE, of Iowa. I desire to address the Mr. UNDERWOOD. Then I hope the Sena- On motion, the Senate then adjourned. HOUSE OF REPRESENTATIVES. The House met at twelve o'clock, m. Prayer The Journal of Friday was read and approved. Mr. PHELPS. I rise to a privileged question. Mr. BAYARD. I object to that, because it will interfere with the Committee of Claims, which meets at ten o'clock to-morrow. I have no inten-D. D. Mitchell was pending in the House, and a tion of going to see this vessel; and if the Senate adjourns over, I expect to be engaged all day tomorrow in attending to the business of the committee to which I am attached. I shall vote against the amendment, and in favor of the original proposition. Mr. JONES, of Iowa, withdrew his amendment. Mr. MANGUM. If gentlemen were so very anxious to get forward with business, they would lose less time in debating unimportant questions. I shall vote for this motion on no ground connected with the interests of these parties, with no reference to the question whether or not additional compensation should be paid to them. I have not examined that question, and know nothing about it. I vote for the motion because I understand motion was made and carried that it be committed Mr. CLINGMAN. I will beg leave to suggest The SPEAKER. The Chair decides against the proposition of the gentleman from Missouri. Mr. FITCH. He cannot deprive me of the floor for the purpose of making any motion. The SPEAKER. The Chair decides that the gentleman from Missouri, in the first place, could not deprive the gentleman from Indiana of the floor to submit his motion to reconsider, even if it were proper to reconsider to-day the vote to which he refers, which the Chair doubts very much. Indeed, he is of the opinion that it is not a privi that this steamship is one of the most perfect The question was then taken, and resultedyeas 21, nays 19-as follows: YEAS-Messrs. Badger, Bayard, Bell, Bradbury, Clarke, Dawson, Fish, Foot, Gwin, Hamlin, Jones, of Tennessee, McRae, Mangum, Miller, Norris, Seward, Smith, Spruance, Sumner, Underwood, and Upham-21. NAYS-Messrs. Borland, Bright, Brodhead, Cass, Chase, Dodge of Wisconsin, Dodge of Iowa, Downs, Felch, Hunter, Jones of Lowa, Mallory, Morton, Pratt, Rhett, Rusk, Wade, and Walker-19. RAILROADS IN IOWA. The Senate proceeded to the consideration of the special order, namely; 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 is on the amendment of Mr. UNDERWOOD. Mr. DAWSON addressed the Senate in opposition to the passage of the bill. He renewed arguments made by him on former occasions against the passage of similar bills, and urged additional and particular reasons why this bill should not become a law. (See Appendix for Mr. D's speech.] the business appropriated to Monday, by express Mr. JOHNSON, of Arkansas. I ask the gen- Mr. FITCH. I would yield with pleasure for THE COMPROMISE MEASURES. Mr. FITCH. I submit the following resolution; I cannot from its purport hope to securǝ universal consent, and therefore move the suspension of the rules for the purpose of its introduc tion. The resolution was read for information, as follows: Resolved, That we recognize the binding efficacy of the compromises of the Constitution, and believe it to be the intention of the people generally, as we hereby declare it to be ours individually, to abide such compromises, and to sustain the laws necessary to carry thein out-the provision for the delivery of fugitive slaves included-and that we deprecate all further agitation of questions growing out of that provision, of the questions embraced in the acts of the last Congress known as the Compromise, and of questions generally connected with the institution of slavery as unnecessary, useless, and dangerous. Mr. UNDERWOOD. I hope the question will not be taken now. I think it would be better that it should not now be taken. The truth is, that if you force me to vote at this time, I do not know but that I shall have to cotradict myself. I stated the other day that if my amendment was not acceptable to the Senate, I should still vote for the bill. I told the worthy chairman of the Committee on Public Lands this morning, that I doubted very much whether I ought to do so. And under the feelings which have been inspired by the speech of my friend from Georgia, I really feel almost disposed to retract my former assertion, that I intended to vote for the bill in any event. I feel a sense of the injustice which has been practiced towards the old States to such an extent, that I do not know whether, if something like justice is not done to my own State, I can vote for the bill. I therefore hope that the question will not be pressed at this late period of the day, but that it may lie over in order that we may all think about it, and that, as the speaking is pretty well over, Mr. STEVENS, of Pennsylvania. Would it when we meet again we may be prepared to take be in order to ask the gentleman to modify the up the bill and vote upon it. There is no imme-resolution so that it would say, "we deprecate all diate necessity for acting on the bill now. further agitation," except this. [Laughter.] Mr. GOODENOW demanded the yeas and nays; which were ordered. Mr. CABLE, of Ohio. I want to know whether the Mormon church is included in the resolution as one of the measures of compromise? Mr. STANLY moved a call of the House; which motion was agreed to. The roll was called, and the following gentlemen answered to their names: Messrs. Abercrombie, Aiken, Willis Allen, Allison, Andrews, John Appleton, William Appleton, Ashe, Averett, David J. Bailey, Thomas H. Bayly, Barrere, Bartlett, Beale, Bell, Bennett, Bissell, Bowne, J. H. Boyd, Breckenridge, Brenton, Briggs, Brooks, Albert G. Brown, Burrows, Busby, E. Carrington Cabell, Joseph Cable, Lewis D. Campbell, Thompson Campbell, Cartter, Caskie, Chandler, Chapman, Chastain, Churchwell, Clark, Clingman, Cobb, Conger, Curtis, Daniel, G. T. Davis, John G. Davis, Dawson, Dean, Disney, Dockery, Doty, Duncan, Durkee, Eastman, Edgerton, Edmundson, Evans, Ewing, Faulkner, Ficklin, Fitch, Florence, Fowler, Freeman, Henry M. Fuller, Thomas J. D. Fuller, Gamble, Gaylord, Gentry, Giddings, Goodenow, Gorman, Green, Grey, Grow, Hall, Hammond, Harper, Isham G. Harris, Sampson W. Harris, Hart, Haws, Hascall, Haven, Hebard, Hendricks, Henn, Hibbard, Horsford, Howard, John W. Howe, Thomas Y. How, Ingersoll, Ives, Jackson, Jenkins, Andrew Johnson, James Johnson, John Johnson, Robert W. Johnson, Daniel T. Jones, George W. Jones, J. Glancy Jones, George G. King, Preston King, Kuhns, Kurtz, Landry, Letcher, Lockhart, Mace, Mason, McCorkle, McDonald, McLanahan, McMul lin, MeNair, McQueen, Meacham, Meade, Miller, Molony, Henry D. Moore, John Moore, Morehead, Morrison, Murphy, Murray, Nabers, Newton, Olds, Orr, Outlaw, Andrew Parker, Samuel W. Parker, Peaslee, Penn, Penniman, Perkins, Phelps, Polk, Porter, Powell, Price, Rantoul, Richardson, Riddle, Robbins, Robie, Ross, Sackett, Savage, Schermerhorn, Schooleraft, Schoonmaker, David L. Seymour, Origen S. Seymour, Skelton, Smart, Smith, Snow, Stanly, Benjamin Stanton, Frederick P. Stanton, Richard H. Stanton, Alexander H. Stephens, Thaddeus Stevens, Stone, St. Martin, Stratton, Strother, Stuart, Sutherland, Taylor, Benjamin Thompson, George W. Thompson, Thurston, Townshend, Venable, Walbridge, Wallace, Ward, Washburn, Watkins, Welch, Wells, Addison White, Alexander White, Wilcox, Wildrick, Williams, Woodward, and Yates. The following gentlemen were reported as absent, viz: Messrs. Charles Allen, Babcock, Bibighaus, Bocock, Bowie, Bragg, George H. Brown, Buell, Burt, Caldwell, Cleveland, Colcock, Cottman, Cullom, Darby, Dimmick, Dunham, Floyd, Gilmore, Goodrich, Hamilton, Hillyer, Holladay, Houston, Thomas M. Howe, Hunter, Mann, Edward C. Marshall, Humphrey Marshall, Martin, Millson, Miner, Robinson, Russell, Scudder, Scurry, Abraham P. Stevens, Sweetser, Toombs, Tuck, and Walsh. Mr. ROBBINS. I move that all further proceedings under the call of the House be dispensed with. Mr. STEPHENS, of Georgia, demanded tellers; which were ordered; and Messrs. STEPHENS and BAYLY, of Virginia, were appointed. The question was then put, and the motion was disagreed to the tellers having reported ayes 61, noes 85. The SPEAKER. The officers will cause the doors of the Hall to be closed. The names of the absentees will now be called over, and excuses may be rendered, if any, for the absentees. The Clerk read the names of the absentees in the order in which they are inserted above. Mr. CHARLES ALLEN. Mr. FOWLER. I move that Mr. ALLEN be excused. He is very sick, confined to his bed under the physician's care, and cannot be out. The question being put, Mr. ALLEN was excused. Mr. THOMAS M. BIBIGHAUS. Mr. FLORENCE. Mr. BIBIGHAUS has left the District, and gone home sick, for medical treatment. I move that he be excused. The motion was agreed to. Mr. LEANDER BABCOCK. No excuse offered. Mr. MEADE. Mr. Bocock went home on urgent business. A MEMBER. The gentleman was not heard in this part of the Hall. Mr. MEADE. Mr. Bocock has gone home. He had been unwell for several days previous to his leaving Washington. It was not on that account that he has gone home, but, as I understand, to attend to some urgent business. I move that he be excused. Mr. STEPHENS, of Georgia. He is out of the city. That is sufficient. The question was taken, and Mr. Bocock was excused. gone home on account of imperative business. I move that he be excused. The motion was agreed to. Mr. KING, of New York. Mr. BUELL is ab-. sent from the city on account of imperative business. I move that he be excused. The motion was agreed to. Mr. RICHARDSON. It is very apparent that nothing will be accomplished. I move, therefore, that all further proceedings under the call be dispensed with. Mr. STEPHENS, of Georgia. I do not see that it has become so very apparent. All these gentlemen, who have been excused, cannot possibly attend. It may be that there are other gentlemen, outside of this Hall, who can attend, and we want them. I insist upon the call. Mr. RICHARDSON. I do not care about the motion. Mr. ARMISTEAD BURT. Mr. ORR. My colleague, Mr. BURT, has been absent from the city two months. He is confined at his home by indisposition, and I move, therefore, that he be excused. The motion was agreed to. Mr. MOREHEAD. Mr. CALDWELL has left the city on account of the situation of his family at home. I move that he be excused. The motion was agreed to. Mr. CHAUNCEY F. CLEVELAND. Mr. TOWNSHEND. Mr. CLEVELAND is confined to his room by sickness. I move, therefore, that he be excused. The motion was agreed to. Mr. ASHE. Is it in order to move that all the absent members be excused. The SPEAKER. The regular order is, that excuses be offered as the names are called. Mr. WILLIAM F. COLCOCK. Mr. McQUEEN. Mr. CoLCOCK has returned home on account of the sickness of his family. I move that he be excused. The motion was agreed to. Mr. JOSEPH S. COTTMAN. No excuse offered. Mr. WILLIAM CULLOM. Mr. GENTRY. Mr. CULLOM has been confined to his room by indisposition for several weeks. He is unable to attend. I move that he be excused. The motion was agreed to. Mr. PHELPS. I move that Mr. DARBY be excused. His condition-his serious indisposition-is known to every member of the House. The motion was agreed to. Mr. MILOW M. DIMMICK. Mr. McNAIR. Mr. DIMMICK has been absent for some two or three weeks, and went home on account of unavoidable business. I move that he be excused.. The motion was agreed to. Mr. CYRUS L. DUNHAM. No excuse offered. Mr.JoHN G. FLOYD. Mr. MURRAY. My colleague, Mr. FLOYD, has gone home on account of sickness in his family. I move that he be excused. The motion was agreed to. Mr. ALFRED GILMORE. No excuse offered. Mr. CHAPMAN. I move that Mr. GOODRICH be excused, as he is in Connecticut attending an important trial in which he is a party, and where his personal attendance is necessary. The motion was agreed to. Mr. WILLIAM T. HAMILTON. Mr. STUART. Mr. HAMILTON is unable to attend the House, on account of illness. I ask that he be excused. The motion was agreed to. Mr. JUNIUS HILLYER. Mr. STEPHENS, of Georgia. Mr. HILLYER is absent from the city. He is at his home in Georgia. I move that he be excused. The motion was agreed to. Mr. COBB. I believe we are too much inclined to excuse absent members. I move that we suspend all further proceedings. Mr. STEPHENS, of Georgia. I object to it. Let us go through the roll. No persons have been excused who could attend. The question was then taken, and the House refused to suspend the call. Mr. ALEXANDER R. HOLLADAY. Mr. EDMUNDSON. I move that Mr. HOLLADAY be excused, as he went home to a sick family. The motion was agreed to. Mr. GEORGE S. HOUSTON. Mr. COBB. I suppose the House is well aware that Mr. HOUSTON is always in his place. I have no doubt that as chairman of the Committee of Ways and Means he has gone to the Department for estimates, and that is the reason why he is not here. Mr. LETCHER. Mr. HOUSTON has a child lying very ill at home. Mr. GOODENOW. I would suggest to the gentleman that he should put his words nearer together. Mr. RICHARDSON. What was the reason given? The SPEAKER. For the reason stated by the gentleman upon the floor. Mr. POLK. I wish to vote understandingly. I did not exactly hear the reason. Mr. HALL. We did not hear the reason assigned in this part of the House. I should like to know the reason before I vote. The SPEAKER. That is the gentleman's misfortune. [Laughter.] [Cries of "Question!" " Question!"] The question was then taken, and Mr. HOUSTON was excused. Mr. THOMAS M. HOWE. Mr. JOHN W. HOWE. Mr. Howe went home on account of his health, being unable to be in his seat some weeks before he left. He went under the advice of friends, and I have not yet heard whether he is getting better or not. I ask that he be excused. The motion was agreed to. room. Mr. BELL. Mr. HUNTER is lying sick at his Mr. DAVIS, of Massachusetts. Mr. MANN is in New York upon some business which will detain him for some ten days. I ask that he be excused. The motion was agreed to. Mr. EDWARD C. MARSHALL, of California. No excuse offered. Mr. HUMPHREY MARSHALL. Mr. VENABLE. Mr. HUMPHREY MARSHALL was at the door the moment it was shut. He is ready to come in. I ask that he be excused. The motion was agreed to. Mr. FREDERICK S. MARTIN. Mr. HASCALL. I ask that Mr. MARTIN be excused, on account of severe indisposition. The motion was agreed to. Mr. JOHN S. MILLSON. Mr. AVERETT. My colleague [Mr. MILLSON] left here in delicate health a few days ago, in the hope that he might receive benefit by so doing. I'move that he be excused. The motion was agreed to. Mr. AHIMAN L. MINER. Mr. HEBARD. Mr. MINER left this city a few days ago, reluctantly, to go home and attend to some business of importance, which made it necessary for him to leave. I move that he be excused. The motion was agreed to. Mr. FITCH. Mr. ROBINSON being confined to his room by sickness, I move that he be excused. The motion was agreed to. Mr. SEYMOUR, of New York. I move that my colleague [Mr. RUSSELL] be excused. He is now in New York, confined by very serious ill ness. The motion was agreed to. Mr. DUNCAN. I move that Mr. SCUDDER be excused. He is detained from the House by severe indisposition, and is under medical treat ment. The motion was agreed to. Mr. HOWARD. I move that Mr. SCURRY be excused. He has been indisposed for some days past, but if able to come to the House at all, he will be here in time to vote. Mr. AMOS TUCK. Mr. GOODENOW. I move that Mr. Trek be excused. He has been absent from the city for some time on important and urgent business, and has not returned yet. Mr. ORR. I would like to inquire of the gentleman from Maine if Mr. Tuck is not at home canvassing the State and making speeches? Mr. GOODENOW. I understand not. He is attending to urgent private business. The question was then taken on Mr. GOODENow's motion, and it was agreed to-ayes 83, noes not counted. Mr. THOMAS Y. WALSH. Mr. OUTLAW. Mr. WALSH is absent from the city. I move that he be excused. The motion was agreed to. Mr. HALL moved that further proceedings in the call be dispensed with. The motion was agreed to. So the further proceedings in the call were dispensed with, and the doors of the House were again opened. Mr. BELL. I ask the unanimous consent of the House to introduce a joint resolution of the Legislature of Ohio in relation to the construction of a canal around the Falls of the Ohio, for the purpose of having it printed. Several MEMBERS objected. The yeas and nays were then taken upon Mr. FITCH's motion to suspend the rules, and there were yeas 119, nays 74-as follow: YEAS-Messrs. Abercrombie, Willis Allen, John Ap pleton, William Appleton, Ashe, Averett, David J. Bailey Thomas H. Bayly, Beale, Bissell, Breckenridge, Briggs. Brooks, Albert G. Brown, Burrows, Busby, E. Carrington Cabell, Caskie, Chastain, Churchwell, Clark, Cobb, Curtis, John G. Davis, Dawson, Disney, Dockery, Edmundson. Evans, Ewing, Faulkner, Ficklin, Fitch, Florence, Freeman, H. M. Fuller, T. J. D. Fuller, Ganible, Gentry, Giddings, Gilmore, Gorman, Grey, Hall, Hammond, Isham G. Harris, Sampson W. Harris, Hart, Haws, Haven, Hendricks, Henn, Hibbard, Howard, John W. Howe, Ingersoll, Jackson, Andrew Johnson, James Johnson, Rob ert W. Johnson, George W. Jones, J. Glancy Jones, Kuhns, Kurtz, Landry, Letcher, Lockhart, Mace, Humphrey Marshall, Mason, McCorkle, McDonald, McLanahan, McMullin, McNair, Meade, Miller, John Moore, Morehead, Morrison, Murphy, Nabers, Olds, Outlaw, Andrew Parker, Samuel W. Parker, Peaslee, Penn, Phelps, Polk, Porter, Powell, Richardson, Robbins, Savage, Schermerhorn, Scurry, Órigen S. Seymour, Skelton, Smith, Stanly, Frederick P. Stanton, Richard H. Stanton, Alexander H. Stephens, Stone, St. Martin, Strother, Start, Sutherland, Taylor, Benjamin Thompson, George W. Thompson, Venable, Ward, Watkins, Addison White. Alexander White, Wilcox, and Williams-119. NAYS-Messrs. Aiken, Allison, Andrews, Babcock, Barrere, Bartlett, Bell, Bennett, Bowne, John H. Boyd, Brenton, Joseph Cable, Lewis D. Campbell, Thompson Campbell, Cartier, Chandler, Chapman, Clingman, Conger, Daniel, G. T. Davis, Dean, Doty, Duncan, Durkee, Eastman, Edgerton, Fowler, Gaylord, Goodenow, Green, Grow, Harper, Hascall, Hebard, Horsford, T. Y. How, Jenkins, J. Johnson, D. T. Jones, G. G. King, Preston King, McQueen, Meacham, Molony, Henry D. Moore, Murray, Newton, Orr, Penniman, Perkins, Price, Rantoul, Robie, Ross, Sackett, Schoolcraft, Schoonmaker, David L. Seymour, Smart, Snow, Benjamin Stanton, Thaddeus Stevens, Stratton, Thurston, Townshend, Walbridge, Wallace, Wash burn, Welch, Wells, Wildrick, Woodward, and Yates-74. So (two thirds not voting in the affirmative) the rules were not suspended. CASE OF COLONEL D. E. MITCHELL. Mr. PHELPS. The other day, I submitted a motion to reconsider the vote by which Senate bill for the relief of Colonel Mitchell was referred to the Committee of the Whole on the state of the Union. There is a pressing necessity that that bill should be acted upon. To avoid any difficulty, however, to the consideration of the bill, I move to suspend the rules, that we may proceed to consider the motion to reconsider, which I submitted the other day. It is suggested to me by gentlemen around ine, in whose knowledge of the rules I have confidence, that the motion to reconsider may be called up at any time; and I hope, therefore, there will be no objection to its being called up now. Mr. STEPHENS, of Georgia. The difficulty is, that if that motion should prevail, the bill, as it contains an appropriation, must go to the Committee of the Whole on the state of the Union again. But the proper course would be to move to suspend the rules, in order to entertain a motion to discharge the Committee of the Whole on the state of the Union from the further consideration of the bill. If two thirds vote for that motion, we can then pass the bill. The SPEAKER. The Chair thinks the object could be attained by either mode, but as the motion to reconsider is pending, it would be more regular to dispose of that motion. Mr. JONES, of Tennessee. If the gentleman from Missouri will, with the unanimous consent of the House, withdraw his motion to reconsider, he can then move to discharge the Committee of the Whole on the state of the Union from the further consideration of the bill. The SPEAKER. Is there objection that the motion to reconsider be taken up? Mr. KING, of New York, objected. Mr. PHELPS. I move, then, to suspend the rules. The SPEAKER. For what purpose? Mr. PHELPS. For the purpose of submitting a motion to discharge the Committee of the Whole on the state of the Union from the further consideration of the bill. Mr. JONES, of Tennessee. Is that motion debatable? The SPEAKER. It is not. Mr. JONES. Well; that motion ought not to be agreed to. Mr. KING, of New York. In order to understand this question, I wish to know if the bill does not make an appropriation of money, and is not, therefore, required by the rules of the House to be considered in committee? Mr. JOHNSON, of Arkansas. One more question, in order, if possible, to render this matter a little plainer. I understand that the bill has been referred to the Committee of the Whole on the state of the Union, and that a motion has been submitted to reconsider the vote by which it was so referred; nevertheless, it has been referred to the committee, and if we now discharge the committee, we shall supersede the motion to reconsider. I hope, therefore, that the motion to suspend the rules will prevail. Mr. JONES, of Tennessee, called for the reading of the bill. The Clerk read the bill. Mr. JONES. I should like to inquire of some gentleman who knows, what is the amount of appropriation involved in this bill? The SPEAKER. Debate is not in order. Mr. HARRIS, of Tennessee. I rise to a question of order. This bill has, by a vote of the House, been referred to the Committee of the Whole on the state of the Union. I understand the gentleman from Missouri [Mr. PHELPS] now makes a motion to reconsider the vote by which the bill was so referred. Now, while that motion is pending, the bill does not go to the committee. It cannot go there until the motion to reconsider has been disposed of. Now, I ask, is it competent for the House to discharge the Committee of the Whole from the consideration of a bill which has not gone to that committee at all? I think it is not. The SPEAKER. The Chair is of the opinion that it is competent for the House to suspend the rules for that purpose. Mr. JOHNSON, of Arkansas. I think I have the right to say a single word in explanation of this motion. The SPEAKER. The Chair would hear the gentleman with the greatest pleasure, if it be not objected to. Mr. JOHNSON. What I have to say is this: when the bill was referred to the Committee of the Whole on the state of the Union, according to the practice of the House hitherto, such reference constituted a fulfillment of the rule; therefore a motion made subsequently to take it out of committee, does not interfere with the requirement of the rule, no matter whether the bill has been up for discus sion or not. I think, therefore, that it is perfectly competent for the House to suspend the rules and take up this bill for consideration. It is true, a motion has been made to reconsider, but gest sug Mr. PHELPS. I will obviate that difficulty. Mr. JOHNSON. If the gentlemen submits the motion to discharge the Committee of the Whole on the state of the Union from the further consideration of this bill, that motion will supersede the motion to reconsider. Mr. PHELPS. I propose to obviate the difficulty which has been suggested in relation to this reconsideration. With the permission of the House I will withdraw the motion to reconsider. Mr. STEPHENS, of Georgia. I will suggest to the gentleman before he withdraws his motion to reconsider, that he so modify his present motion as to make it a motion to suspend the rules to bring the bill before the House for consideration, and that he do not withdraw the motion to reconsider. Mr. PHELPS. I prefer, with the permission of the House, to withdraw the motion to reconsider, and to move that the committee be discharged from the further consideration of the bill, and that the House do now proceed to its consideration. There was no objection, and the motion to reconsider was withdrawn. Mr. HARRIS, of Tennessee. I rise to this question of order: I think it was decided the other day that the Committee of the Whole on the state of the Union could not be discharged from the consideration of a subject until the committee had first had that subject under consideration. Mr. CLINGMAN. Oh, no; there was no such decision. Mr. HARRIS. I understand that such has been the practice of the House, and the decision of the House. The SPEAKER. It was decided by the House that debate could not be closed upon a proposition in Committee of the Whole on the state of the Union, until it had been first considered in that committee; but the Chair is not aware of any decision that the House could not discharge that committee from, the further consideration of a subject, before it had been under consideration in committee. Mr. JONES, of Tennessee. I ask for the reading of the 133d rule. It was read by the Clerk, as follows: "All proceedings touching appropriations of money shall first be discussed in Committee of the Whole House." Mr. JONES. This bill has not been discussed in Committee of the Whole House at all, and therefore, according to the rule which has been just read, no other disposition can be made of it until it has been first discussed there. Mr. STEPHENS, of Georgia. That is the very rule which we want to suspend. The SPEAKER. The Chair decides that it is competent for the House to suspend that as well as any other rule. The question is, Shall the rules be suspended in order to enable the gentleman from Missouri [Mr. PHELPS] to submit his motion? Mr. JONES. Upon that motion I demand the yeas and nays. The yeas and nays were ordered. The question was then taken, and the result was-yeas 129, nays 44, as follows: YEAS-Messrs. Abercrombie, Willis Allen, John Appleton, William Appleton, David J. Bailey, Thomas H. Bayly, Barrere, Bartlett, Beale, Bell, Breckenridge, Briggs, Alburt G. Brown, Burrows, Busby, E. Carrington Cabell, Thompson Campbell, Chandler, Chastain, Clingman, Conger, Curtis, Daniel, George T. Davis, Dawson, Dean, Disney, Dockery, Doty, Duncan, Eastman, Edmundson, Evans, Faulkner, Ficklin, Fitch, Florence, Henry M. Fuller, Thomas J. D. Fuller, Gamble, Gentry, Giddings, Gilmore, Gorman, Green, Grey, Grow, Hall, Harper, Haws, Hascall, Haven, Henu, Horsford, John W. Howe, Ingersoll, Jackson, John Jones, Kuhns, Kurtz, Landry, Letcher, Humphrey MarJohnson, Robert W. Johnson, Daniel T. Jones, J. Glancy shall, McCorkle, McDonald, McLanahan, McMullin, Me Nair, Meacham, Meade, Miller, Henry D. Moore, John Moore, Morehead, Morrison, Murphy, Murray, Nabers, Newton, Oids, Outlaw, Peaslee, Penniman, Phelps, Polk, Porter, Powell, Price, Rantoul, Richardson, Robbins, Robie, Sackett, Schermerhorn, Schoolcraft, Schoonmaker, Scurry, David L. Seymour, Origen S. Seymour, Smart, Smith, Snow, Stanly, Benjamin Stanton, Richard H. Stanton, Alexander H. Stephens, Thaddeus Stevens, St. Martin, Straton, Strother, Sutherland, Taylor, Benjamin Thompson, Thurston, Venable, Walbridge, Ward, Washburn, Watkins, Welch, Wells, Addison White, Alexander White, Wilcox, Williams, and Yates-129. NAY-Messrs. Averett, Babcock, Jolm H. Boyd, Brenton, Joseph Cable, Cartter, Caskie, Chapman, Churchwell, Clark, Cobb, John G. Davis, Durkee, Edgerton, Fowler, Gaylord, Goodenow, Hammond, Isham G. Harris, Hart, Mr. PHELPS. I now submit my motion, that the Committee of the Whole be discharged from the further consideration of the bill which I have indicated, and that the House do proceed to the consideration of that bill; and upon that motion I demand the previous question. The House was divided upon seconding the demand for the previous question, and there were -ayes 85, noes 42. So the previous question was seconded; and The question was taken, and the committee was discharged from the further consideration of the bill-ayes 98, noes 40. Mr. PHELPS. The bill is, I believe, now before the House for consideration. The SPEAKER. The question is upon ordering it to a third reading. Mr. PHELPS. I desire to say a word or two in explanation of the bill. Several MEMBERS. Move the previous question. Mr. PHELPS. Very well; I move the previous question upon ordering the bill to be read a third time. [Cries of "Question!" "Question!"] Mr. JONES, of Tennessee. I move to lay the bill upon the table. The question was taken, and the House refused to lay the bill upon the table. The previous question was then seconded, and the main question ordered to be put. The bill was then ordered to a third reading. The bill, being a bill for the relief of Lieutenant Colonel Mitchell, of Missouri, was read through. Mr. PHELPS said: Mr. Speaker, I now desire to say a few words in explanation of the bill. [Cries of "No!" "No!" "Move the previous question!"] Mr. PHELPS. The question has been asked how it is that this amount has been increased from $30,000 to $100,000. In reply to that question, I will say that Mr. Harmony first presented his claim to the House of Representatives, upon which a favorable report was made. He presented in his memorial evidence that property of his, to the amount of some $80,000, had been taken by Colonel Mitchell under the command of his superior claim met with no quarter in Congress, or at least officer-Colonel Doniphan. But finding that his that his prospects were not very flattering; and finding Colonel Mitchell-who is a resident of the State of Missouri-in the city of New York, instituted a suit against him in the district court of the United States for the southern district of New York. Colonel Mitchell informed the Secretary of the Treasury that a suit had been commenced against him, and also informed him of the evidence necessary to defend the case. The Solicitor of the Treasury examined the case, and the district attorney for that district was ordered to defend the case. Colonel Mitchell also employed an attorney to aid in the defence of the case. A trial was had, and judgment to the amount of some $95,000 was obtained against him. But the plaintiff had no means of satisfying that judgment, because Colonel Mitchell had no property under the jurisdiction A transcript of the judgment was therefore taken to Missouri, and a suit commenced in the county where Mitchell resided, and a judgment has been obtained against him for one hundred and odd thousand dollars, and the execution placed in the hands of an officer, to be levied upon Mitchell's property. of that court. It is, perhaps, unfortunate for Mitchell, that he is able to meet this execution. I say it is unfortunate, because if Congress refused to afford him relief, his property will have to be sacrificed, and he will then have a just claim upon Congress to indemnify him for the consequences of having obeyed the orders of his superior military officer, and that in defence of his country. Mr. CLINGMAN. I desire to ask the gentleman if it be true, as was stated the other day, that Governor Marcy was employed as counsel for the defence in the suit? Mr. PHELPS. Governor Marcy was Secretary of War at the time the property was taken by order of Colonel Doniphan. He was em |