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320 CONG.....30 Sess.
Special Session~ Clayton-Bulwer Treaty.

SENATE. Mr. DOUGLAS. Will the Senator permit || fortified it and protected it, so as to compel other right of passage through it; and we have no longer

nations to respect it—he would turn round and any cause for such jealousy as was entertained by Mr. CLAYTON. If he is anxious to make give to everybody else in the world the right to go through President Jackson and Mr. Livingston, the Secremore remarks, I am willing to hear him when I it at our expense! Is not that a magnificent con- tary of State, in 1831. No matter who may conhave done.

ception? When my neighbors propose to make struct this or any other canal, in any part of the Mr. DOUGLAS. I do not wish to interrupt | shall dare io spend a dollar on it. I will have the

a highway, I say: "No, you shall not. No man whole isthmus between North and South America, the Senator; but I understand him to ask me, and

we have the right to navigate it on the terms of look for an answer.

exclusive right of way! I will make the highway: the most favored nation, by virtue of the very Mr. CLAYTON. Let him be quiet. He meant

but after I have gone to the expense of making it, treaty which the Senator so violently denounces,

and while I have the sole burden of keeping up all for his own personal and party purposes. to say that one is a European and the other an American passage. That is all he had to say:

the repairs, if any of you desire to travel upon it, The Senator says, that by adopting the treaty And as the distinction is without a difference, I

on the same terms with myself, you are perfectly I have recognized the right of Great Britain or any

welcome! But take care! Dare not attempt to European nation to interfere in the affairs of this do not desire to hear him. Knowing all he was

repair it, or use any means to protect or preserve continent. This Government has, to a much about to say, I thought I could say it quite as

it from destruction—I must have the exclusive greater extent, recognized their right to claim an well myself. [Laughter.]

honor of that." A mere restatement of such a equlity of commercial privileges, from its very Sir, his are not the principles of the American li proposition seems to me to make it absolutely | origin, by every commercial treaty which it has ever Senate. His are not the principles of the forty- unnecessary to comment upon it.

made. You have made your commercial treaties two men who, on the 22d of May, 1850, ratified But the Senator takes the ground that I have with all the European Powers. In each of them you the treaty. The Senator does not merely arraign || prevented the grant of the right of way from the have agreed to a certain extent that they have the me: he arraigns all those constitutional advisers

local Government. He said, again and again, that right to interfere in your affairs, and they have conof the President of the United States.

I had prevented that. It was one of the chief ob- ceded the right, on your part, to interfere in their His own colleague (Mr. SHIELDS] was among jects of solicitude with me, while acting as Secre- affairs. Does the Senator mean to condemn every the number who voted for the treaty. Most of tary of State, that our capitalists should obtain commercial treaty which we have ever made? the distinguished gentlemen now around me, who that. It was obtained; and on the true policy Does he think that he can make an appeal successwere here at that day, voted for it. You, your- which had been recognized by all the leading | fully to the vulgar passions, in order to make this self, Mr. President, were one of the men who statesmen of this country. The treaty with Nic- | treaty odious, and thereby to make the men in the proclaimed the same principle, by voting for the aragua was negotiated under instructions from Senate of the United States who voted for it treaty with New Granada!' This doctrine of the President Taylor. It provided for the protection odious? We never made a treaty of any kind exclusive right to make, construct, and protect a of the right of way. It was presented to the Sen- with a European Power which does not acknowlcanal outside the limits of the United States, was ate of the United States; and, for reasons which | edge to as great an extent, or greater, the right of not known to the statesmen ho lived fourteen I have never known, and do not know to this | European interference in the affairs of this contiyears ago. Sir, it was a stranger to the states- day-after I resigned the office of Secretary of nent. He has voted for treaties which regulate men who have governed this country for a quar- | State, and had gone away from this place—it was all our tonnage and import duties, and all our ter of a century.

not acted upon. It was never rejected. No vote commercial intercourse with them. We have The Senator denied again that I had a right to was taken upon it. It was overlooked in the mass made treaties with them to control our own bounduse the great character of Jackson, with his own of business, or for some other cause it was entirely aries, and legislative arrangements to control our party, in favor of the treaty. I stated the fact neglected; and yet I am censured, forsooth, by most important political and commercial interests. that Livingston, the Secretary of State under Jack- him, one of the very men who neglected a public The Senator has rung the changes on the word son, had proclaimed, on the 20th of July, 1831, | duty, in regard to it, because that treaty did not partnership,” from day to day, until one who the hostility of this Government to anything like pass! I hear from others that he opposed it, be- did not know him would suppose that we had enan exclusive privilege through that canal. The cause he preferred the Hise treaty, and that he tered into some great joint-stock mercantile establetter of Mr. Livingston to Mr. Jeffers, of that assisted in defeating it! The Senator means that lishment with England. You might as well say date, is decisive of the sentiments of President I defeated the right of way, because I did not send that all men living near a navigable river, or a Jackson, on the ground that an exclusive privilege the Hise treaty here—a treaty which, I say again, | turnpike road, or a railroad, had entered into a in any one nation would be a violation of ihe lead- no Senator could have voted for, if it had come partnership, as to say that the nations of the earth ing engagement in our own treaty and every other here.

about to travel this highway on the same terms treaty of commerce with any local Government in Sir, the right of way was secured by American had entered into a partnership.” Every man Central America which should grant such an ex- capitalists, aided by all the efforts the Minister in the District of Columbia has entered into partclusive privilege. He instructed Mr. Jeffers to sent by President Taylor to Central America couldnership about Pennsylvania Avenue of the same present that conclusive objection to any grant of make. The Senator ought to have known it was kind. "We all travel it on the same terms. If exclusive privilege to the Dutch capitalists who, || granted to American citizens at the very moment anybody should attempt to destroy it, we are all under the patronage of the King of the Nether- he charged me with the loss of it. He has repeat- equally interested to protect it, and we would prolands, had applied for and obtained a grant to cut edly said we had obtained it by a grant to English tect it. the canal at Nicaragua. It was, as I stated before, and American capitalists. At the same time, if The reference made by the Senator to the inascertained that there was no exclusive privilege | he had read the public documents sent to Congress || structions to ourchargé d'affaires in Central Amergranted to or asked for by the King of the Nether. on a subject about which he has talked more than | ica, to prove that he was directed to oppose the lands. I said, therefore, I had the authority, in any other living man, he would have known that treaty of Mr. Hise, is evidence of a degree of favor of the doctrine of the treaty, of the Dutch statement was incorrect, and that the grant was recklessness or folly of which I should regret to Government, and its great chief himself—a man made on the application of American capitalists to accuse any Senator. Instructions plainly referon whom I have no time to pronounce a eulogy, themselves. The President did all he had a right ring to a contract are construed by him to refer to but who has been eulogized by men who were to do to encourage and protect it.

a treaty. I endeavored to correct him at the time quite as capable of conferring distinction, by any. If these capitalists construct a ship canal, Eng- he referred to the instructions, but in vain; and thing they might say, as even the Senator from land will protect it, the United States will protect on he went to his own manifest destiny. The very Illinois himself. At the distance of nearly a quar- | it, and every other civilized nation we apply to passage he quoted distinctly proves him to have ter of a century ago, when desiring to open the will protect it when accomplished; because no na- entirely misrepresented the instructions. He has great avenue to the Pacific, he did not dream of tion can be or ought to be entitled to use it, except confounded the “charter or grant of the right of such a thing as the exclusive privilege. His con- upon the terms of agreeing to protect it. England | way,” made to “the proprietors of the canal,' tract, which I have before me, provided for open- agrees, by the treaty, to assist us, not only in with a treaty to protect it. His remarks on this ing the canal which he projected, to all the nations protecting this ship canal, but any railroad or ship subject, compared with the quotation which he of the earth on the same terms; and, in fact, there canal that can be made through the whole isth- | has made from the instructions, will convict him is not a principle established by the Senate in its We have no interest, that I am aware of, | without any exposure from me. I will quote the resolution of 1835, by the House of Representa- to prefer the route by way of Nicaragua to that whole passage he has cited from my instructions, tives in its resolution of 1839, and by the concur- by Tehuantepec. If we could obtain a canal route with a view to show the injustice of his remarks. rent action of Presidents Jackson, Polk, and Tay. nearer our country than either Nicaragua or Pan- | The instructions say:lor, that is not in accordance with the principle ama, we ought to prefer it. Undoubtedly, if we “See that it (the contract or grant) is not assignable to established by the capitalists who were patronized | could obtain the Tehuantepec route, we ought to others,” (meaning to others than the capitalists-the Amerby the Dutch Government. Foreigners have not prefer that; but if we cannot obtain a passage at

ican citizens who obtained it;]“ that no exclusive privileges

are granted to any nation that will not agree to the same adopted the narrow and contracted policy which a point nearer to us than the southern part of the

treaty stipulations with Nicaragua ; that the tolls to be de so commended itself to the member from Illinois, Isthmus of Darien, it is of the deepest interest to manded by the OWNERS are not unreasonable or oppres. of procuring an exclusive right over a canal which this country to have it at that point. Pains were sive; that no power be reserved to THE PROPRIETORS

OF THE CANAL OR THEIR SUCCESSORS to extort no one State could possibly maintain and protect | taken, as the Senator will know by looking into

at any time hereafter, or unjustly to obstruct or embarrass, in the face of the great commercial nations of the the correspondence, to ascertain which was the

the RIGHT OF PASSAGE. THIS will require all your earth.

most practicable route; and from all the informa- vigilance and skill. If THEY do not agree to GRANT But the Senator said-and I must call the atten- tion before me, including that obtained from Lord us passage on reasonable and proper terms, refuse our protion of the Senate back to the fact that when we Palmerston himself, as well as from my own coun

tection and our countenance to procure the contract from

Nicaragua. had obtained the exclusive right, he would not trymen, the route believed to be the most easily

“If a CHARTER or GRANT OF THE RIGHT OF keep it-not he! He was too liberal, too gener practicable was through Nicaragua. Whether it WAY shall have been incautiously or inconsiderately made ous, too fair towards other nations of the earth to is the best route, I am not at all interested to af- || before your arrival in that country, seek to have it properly keep any such thing! As soon as he obtained firm or deny; for if a ship canal can be obtained | modified to answer the ends we have in view.” his exclusive right, and made his canal, and had anywhere through that isthmus, the treaty I signed The Senator's ignorance of this plain language the monopoly of navigating it; as soon as he had protects it, and insures to my countrymen the || is unaccountable. He had confounded the grant


320 Cong.....30 Sess.

Special Session— Clayton-Bulwer Treaty.


tions say:


of the right of way or charter to the company of It is impossible to reason with one who says he friend from Massachusetts. I approved of all the Americans who asked for it, with the treaty between does not understand the object for which this pas- | policy of President Fillmore in regard to Cuba, Nicaragua and this Government. sage in the dispatch was written.

while my friend, the Senator from Massachusetts, I interrupted him, and explained it to him; and But he has quoted another passage from the (Mr. Everett,) was at the head of the Departthe more clearly it was made to appear that he same dispatch. I could not wish to expose him ment of State. was wrong, the more strongly he seemed to adhere more effectually than by quoting it myself. It is President Taylor, at an early period of his adto his error. He knew well enough that the word as follows:

ministration, was informed of the substance of “us "referred to our countrymen. The instruc- “ You may suggest, for instance, that the United States Mr. Forsyth's letter, which has been since pub

If they (the company) do not agree and Great Britain should enter into a treaty guarantying lished, instructing our Minister at Madrid to say to grant us (Americans) passage on reasonable the independence of Nicaragua, Honduras, and Costa Rica,

to the Spanish Government that we would defend which treaty may also guaranty to British subjects the and proper terms, refuse our protection," &c. He privileges acquired in those States by the treaties between

the title of Spain to Cuba, with all the naval and knew well enough what this meant; yet he put to Great Britain and Spain, provided that the limits of those military power of the United States. I thought me the question: "Was he [l] one of the com- States ou the east be acknowledged to be the Caribbean it impolitic, as it led, of course,

to a similar company, and therefore authorized to use the word

munication to Spain from Great Britain and France. <ius,' when speaking of the rights and privi- After citing this, he gravely asks me, “What The French and English Governments, being ap

leges to be acquired of a foreign nation through his has become of my objection to the guarantee of prised by Spain of our guarantee against them, of 'agency as Secretary of State?” He surely did the independence of Nicaragua?" His question course, I thought, would give her a similar guarnot mean, by putting such a question to me, to in- scarcely deserves an answer. Great Britain was antee against us. The assurance of the United sinuate that I was one of the company of " capi- in possession of the country, in virtue of the pro- | States, Great Britain, and France, thus made to talists, proprietors, and speculators who might tectorate, and we were not; and the proposition Spain, virtually guarantying Cuba to Spain, was become the owners of the charter." If he did, I made to her was, that she should not only aban- | equal in efficacy to any tripartite treaty that could will not charge him here with falsehood, but, with don it, but also guaranty the independence of the have been concluded. By the President's direcall possible politeness, I will prove him to be guilty | Central American States adjoining the proposed tion, I did not continue the assurance on our part. of it.

canal. The Senator is incapable of perceiving the I allude to this as illustrating the identical policy Mr. President, I do not at all object to any state. difference between a treaty of the United States adopted by my honorable friend from Massachument of the fact that I utterly disapproved of and Nicaragua, guarantying the independence of setts in his letter to the Comte de Sartiges. Our the Hise treaty. I only complained of his mis- Nicaragua, and a treaty of the United States and Minister at Madrid was instructed, on the 2d of representations in regard to it. His statement Great Britain jointly, on the one part, and Nic- || August, 1849, that the President could not comthat the clause guarantying the independence of aragua on the other, for the same purpose. If prehend or appreciate the motives or expediency Nicaragua was not one of the reasons which in- Great Britain had joined us in such a treaty, we of openly declaring to Spain that the whole power duced me to withhold the Hise_treaty from the should have readily reached our whole object. She of the United States would be employed to prevent Senate, palpably incorrect. To sustain him- | refused to accede to this proposition; and it was the occupation, in whole or in part, of Cuba from self in his assertion, he refers to my letter to Mr. palpably a suggestion to ascertain her views. The passing into other hands, because he had reason Lawrence, of the 20th October, 1849. The very separate guarantee of independence by us alone, io believe that this declaration of Mr. Forsyth, on passage he has cited shows that “ if our effort to was indeed an objection to the Hise treaty, and it our part, had led to counter declarations to Spain place, by our own arrangement with the British was one among many other objections which made of a similar character by other interested Powers; Government, our interests upon a just and satis- the whole insurmountable. Our separate guaran- | that whilst this Government was resolutely defactory foundation should prove abortive, (that tee was a guarantee against Great Britain, the termined that the Island of Cuba should never be is, upon the foundation of equal privileges in the party in possession. A joint guarantee with her ceded by Spain to any other Power than the Unitreaty,) then the President will not hesitate to was liable to no such exception, and could not ted States, it did not desire, in future, to enter into submit this or some other treaty” (that is, the possibly entangle us.

any guarantees with Spain on that subject; that, treaty of Hise or the treaty of Squier; the one for The Senator is guilty of so many other mis- without guarantees, we should be ready, when the exclusive privileges, or the other for equal privi- statements, that it is a difficult matter to correct time came, to act; that the news of the cession of leges to all nations)." which may be concluded by them all. He says that I voted for the Mexican Cuba to any foreign Power would, in the United the present chargé d'affaires to Guatemala, to the treaty of peace—the treaty of Guadalupe Hidal- | States, be the instant signal for war; and that no Senate of the United States for their advice.It | go-according to his recollection. His recollec- foreign Power would attempt to take it that did was a threat, if you please, that if the British tion is in this respect, as in many others, entirely not expect a hostile collision with us as an inevitaGovernment continued to occupy Central Amer- at fault. The record shows that I did not vote ble consequence. ica as they had done, and should refuse to yield upon the treaty.

This discontinuance, or revocation, of Mr. Forus the right of passage through the isthmus on His statement that the Hise treaty was evidence syth's declaration, which had bound this Governequal terms with them, then we would submit, of the fact that Nicaragua was willing and anxious ment for so many years, was not exactly a refusal when we could obtain no justice from Great Bri- to grant to the United States forever the exclusive to agree to such a tripartite convention, as was tain, some treaty to the Senate which would grant right and control over a ship canal between the very properly rejected by my honorable friend us the right of way on the most favorable terms, iwo oceans, is contradicted by the letter of Car- from Massachusetts, but it was the first instance without regard to the interests of Great Britain. cache, the Nicaraguan minister, who declares she | in which this Government gave unmistakable eviWe should have been perfectly justified in endeav- | rejected it after it had been signed by Señor Selva, | dence of its policy not to agree to any such conoring to exclude her, if we saw evidently that she the commissioner on her part. The treaty was vention. intended to exclude us; and we desired her fairly evidence of extreme folly, and of little else beside. Sir, the Senator said that I had abolished the to understand that. The very quotation from the The Senator recurs again to his objection that Monroe doctrine. If I have really done that, I instructions to Mr. Lawrence which he has made, the convention will not permit us to annex Cen- have done more than I ever thought I was capable proves that he himself well knew that my refer tral America, and points with triumph to a pas- of doing. If I have done that, I have abolished a ence to the Hise treaty was nothing more than a sage in the letter of my distinguished friend, the fruitful source of controversy between my own threat, that if we could not obtain equal privileges Senator from Massachusetts, [Mr. Everett,) to country and other nations. But how and in what with Great Britain with her own consent, we the Comte de Sartiges, in which he expresses a

sense have l abolished the Monroe doctrine? One would have them in dispite of her. With a view doubt whether the Constitution would permit us, of the principles on which I acted, in the formato expose his misstatements on this subject, 1 || by the tripartite treaty proposed by France and tion of the treaty, was the exclusion of a Euroquote from the dispatch to Mr. Lawrence-the England, to declare that we would never purchase | pean nation from further interference on a part of very passage on which he pretends to rely: Cuba. The Senator from Illinois held this up as this continent. Was that exclusion an abolition “If, however, the British Government shall reject these a conclusive authority to prove that the treaty of

of the Monroe doctrine? Will he tell me of any overtures on our part, and shall refuse to cooperate with us the 19th April, 1850, was unconstitutional. "He instance in the history of this country, in which in the generous and philanthropic scheme of rendering the did not venture to argue this position. The treaty any other Administration has carried out the Moninteroceanic communication, by the way of the port and river San Juan, free to all nations upon the same terms, we

of 1850 was referred to the Committee on Foreign roé doctrine in the same way, or in any other shall deem ourselves justified in protecting our interests in

Relations, of which Daniel Webster, of Massa- | way? Can he find any other instance in which dependently of her aid, and despite her opposition or hos- chusetts, was at the time a member, who joined there has been the slightest approximation to it. tility. With a view to this alternative, we have a treaty with the State of Nicaragua, a copy of which has been sent

in reporting the treaty and in voting for it: did he As to the Indian protectorate in Nicaragua, I to you, and the stipulations of which you should unresery

not understand the Constitution? Without refer- have only to say of it as I said before, “ Stat noinedly impart to Lord Palmerston. You will inform him, ring to all the other distinguished jurists who voted | inis umbra"—it stands, the shadow of a name! however, that this treaty was concluded without a power or for it, or to the numerous treaties in which this The Senator is fond of talking violently about instruction from this Government; that the President had Government has defined the limits of its own driving European nations from this continent. no knowledge of its existence, or of the intention to form it, until it was presented to him by Mr Hise, our late chargé

territory as perpetual, including the Ashburton When he discourses in such magnificent terms as: d'affaires to Guatemala, about the first of September last; treaty, and the treaty of Ghent, and the treaty he employed a few years ago, about " fifty-four and that, consequently, we are not bound to ratify it, and will take no step for that purpose, if we can, by arrange

with Mexico, and I know not how many others, forty or fight,” he does no harm among his own

I ment with the British Government, place our interests upon

say to the Senator from Mlinois, that I acknowl- countrymen. We all know exactly what it means. a just and satisfactory foundation. But if our effort for this edge a wide distinction between the purchase of But when these speeches reach the other side of end should be abortive, the President will not hesitate to Cuba and the annexation of Central America. the Atlantic, they have a different effect. They submit this or some other treaty which may be concluded by the present chargé d'affaires to Guatemala, to the Senate

Cuba was not in the possession of Great Britain, induce foreigners to believe that we are a quarrelof the United States, for their advice and consent, with a

under the name of a protectorate or otherwise. A some, violent, and aggressive race, denying to all view to its ratification; and, if that enlightened body should

large part of Central America was. We had no other men equal rights with ourselves; and they approve it, he also will give it his heariy sanction, and will canal to make in Cuba. She presented no obsta- are well calculated to make us odious among other erert all his constitutional power to execute its provisions in good faith-a determination in which he may confidently

cle to us in our passage to California and Oregon. | nations. We once held among them a high charcount upon the good will of the people of the United

Central America did. Sir, I do most cordially acter for probity and honor; but if it shall come States,"

concur in all the encomiums upon the letter of my bl to be understood among them that we are bent

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upon seizing every country to which we may take chaplains of Congress, the judges of the United States, ularly the rates at which anthracite, American bituminous, a fancy, we shall be looked upon as pirates and

foreign ministers and their secretaries, and officers who by and English bituminous were respectively offered ; und enemies of the human race. Then it will be found

ninme shall have received the thanks of Congress, or medals whether, after these offers had been made, a contract at

by a vote of Congress, shall, each time before being ad- higher prices was not entered into with Messrs. Howland & that, instead of maintaining the highest position niitted upon the floor, enter their names, together with the Aspinwall for English coal. upon earth, we have descended to the lowest, and official position in right of which they claim admission, in “That the Secretary be further required to inform the the sun of our glory will set forever. I am, and

a book to be provided and kept at the main entrance to Senate whether, previous to the time of contracting for the

the Senate Chamber; and no person except members of supply of the said squadron with coal, the Government had profess to be, an American in heart-every inch the Senate shall be allowed within the bar of the Senate, not regularly-authorized agents employed for the express an American; as determined to assert and enforce or to occupy the seat of any Senator.

purpose of purchasing and inspecting all coal necessary for respect for American rights, and the duty of pro

the supply of the Navy, and what commission the said agents WITHDRAWAL OF PAPERS.

received by way of compensation for their services. That tecting American interests at home and abroad, as any man; but I am also resolved to assert and


he be required further to inform the Senate whether Messrs.

Howland & Aspinwall were not appointed agents to pur. maintain American faith and honor. Let us proin the chair.). The Secretary of the Board to

chase and inspect the whole or a greater part of the coal claim it among all the nations of the earth that

examine the claims of Lieutenant Colonel Frémont, necessary for the supply of the Japan squadron; whether there does not exist under the sun a people more has addressed a letter to the President of the Sen- the cominissions allowed them are not double the amount

of those allowed and paid to the regular purchasing and proud of observing and maintaining their treaties ate requesting permission to withdraw a report

inspecting agents; whether the said commissions are not and all their contracts than the people of the Unisubmitted on the 29th December last, with the

counted on the gross price of coal-Damely, on the price ted States. Let us discountenance this system

view of correcting certain errors. Will the Senate with freight, exchange, and insurance added. That he be now practiced by the Senator from Illinois and grant the leave asked for?

required also to inform the Senate what quantity of coal it others among us, of denouncing Europeans, and

Mr. WELLER. Let that lie over until I can

is estimated will be required for the supply of the said squad

ron annually, and what kind principally will be used; what of inculcating it as a duty to hate the men of any

have an opportunity of seeing what that report is. ambunt of demurrage has been paid, and for what quantity other nation. I cannot express my sentiments on

It accordingly went over.

of coal, for what length of time, and to whom; also, what the subject in more appropriate terms, than by On motion by Mr. COOPER, it was

rate of demurrage is to be paid hereafter." asking the Secretary to read a passage from the Ordered, That Daniel Nippes have leave to withdraw

Whilst the remark exempts the Secretaries of Farewell Address of the Father of his Country. certain papers from the files of the Senate.

the Navy from censure and blame, it leaves but Let us refresh and strengthen ourselves, at the On motion by Mr. ADAMS, it was

one inference, that it may be applicable only to close of this turbulent debate, by a resort to that

the head of the Naval Bureau, my friend and con

Ordered, That leave be given to withdraw the papers on fountain whose bright waters have never failed to the claim of Clemens, Bryant & Co., from the files of the

stituent Commodore Shubrick, than whom no ono Senate. invigorate us.

in the public service could be less liable to such a The Clerk read it, as follows:

On motion by Mr. JAMES, it was

censure. “Nothing is more essential than that permanent inveterate Ordered, That Margaret Barnett have leave to withdraw

In fact there was no contract entered into by antipathies against particular nations, and passionate at- her papers from the files of the Senate.

the Navy Department, either by the Secretary tachments for others, should be excluded; and that, in place

himself or the head of the bureau, with Howland

XECUTIVE SESSION. of them, just and amicable feelings towards all should be

& Aspinwall, for coal, in the proper acceptation cultivated. The nation which indulges towards another an On motion by Mr. MASON, the Senate prohabitual batred or an habitual fondness is, in some degree,

of the term contract. The Navy Department, by ceeded to the consideration of Executive business, | express law, and in change of an old regulation, a slave. It is a slave to its animosity or to its affection, either of which is sufficient to lead it astray from its duty

and after some time spent therein, the doors were is authorized to purchase coal for the use of the and its interest. Antipathy in one nation against another reopened, and

Navy. The mode of making such purchases is disposes each more readily to offer insult and injury, to lay The Senate adjourned. hold of slight causes of umbrage, and to be haughty and in

left to the judgment of the Secretary, under his tractable, when accidental or trifling occasions of dispute

official responsibility. In carrying out the prooccur. Hence frequent collisions, obstinate, envenomed,

visions of this law, the late Secretary of the Navy, and bloody contests. The nation, prompted by ill will and

THURSDAY, March 17, 1853.

Mr. Graham, appointed Howland & Aspinwall as resentment, sometimes impels to war the Government, contrary to the best calculations of policy, The Government

agents to supply the Japan squadron with coal. sometimes participates in the national propensity, and

Prayer by the Chaplain, Rev. C. M. Butler.

To enable them to do so with certainty and preadopts, through passion, what reason would reject; at other The PRESIDENT presented a communication cision, that is, as to quantity and place, they are times it makes ihe animosity of the nation subservient to

from the Department of the Interior, in answer to projects of hostility, instigated by pride, ambition, and other

subject to the requisition and orders of the head sinister and pernicious motives. The peace often, some

a resolution of the Senate of the 21st instant, trans- of the bureau. For their services as agents, thus times, perhaps, the liberty of nations, has been the victim. mitting a report from the Commissioner of Indian | appointed, they receive a stipulated commission,

So, likewise, a passionate attachment of one nation for Affairs; which was ordered to lie on the table and previously agreed upon between themselves and another produces a variety of evils. Sympathy for the be printed.

the Secretary of the Navy. The only function to favorite nation, facilitating the illusion of an imaginary common interest, in cases where no real common interest


be performed by the head of the bureau is strictly exists, and infusing into one the enmities of the other, be

On motion by Mr. HOUSTON, it was

ministerial, that is, to make a requisition on the trays the former into a participation in the quarrels and wars of ihe latter, without adequate inducement or justification.

Ordered, That the vacancies in the Select Committee on

agents, and to pay their bills when duly presented It leads alsó to concessions to the favorite nation of priviFrauds, &c., occasioned by the expiration of the terms of

and authenticated. leges denied to others, which is apt doubly to injure the nation

Mr. UNDERW00D and Mr. Brooke, be filled by the Chair. Commodore Shubrick, the head of the bureau, making the concessions, by unnecessarily parting with what And Mr. Morton, and Mr. THOMPSON of Ken- | confining himself strictly in the sphere of his of ought to have been retained, and by exciting jealousy, illwill, and a disposition to retaliate, in the parties from whom țucky, were appointed.

ficial agency, has done nothing more nor less than EQUAL PRIVILEGES are withheld. And it gives to On motion by Mr. WELLER, it was

carry out the stipulated arrangements of the Secambitious, corrupted, or deluded citizens (who devote

retary of the Navy. He could have no inducethemselves to the favorite nation) facility to betray or sac

Ordered, That the vacancy in the Select Committee on rifice the interests of their own country, without odium, the Mexican Boundary, occasioned by the expiration of the

ment to do anything else; and I will answer for sometimes even with popularity; gilding with the appearterm of Mr. CLARKE, be filled by the President.

it, sir, that if anything had depended on his disances of a virtuous sense of obligation, a commendable And Mr. Fish was appointed.

cretion, it would have been performed with good deference for public opinion, or a laudable zeal for public

judgment and honorable purpose. I have no doubt good, the base or foolish compliances of ambition, corrup

COAL FOR THE JAPAN EXPEDITION. that the honorable Senator from Pennsylvania had tion, or infatuation."

Mr. BUTLER. I ask unanimous consent to no intention of saying anything to wound the Mr. President, have done. The first resolu- make an explanation connected with some remarks feelings or touch the honor of my honorable friend tion which I offered, calling for information, has of the Senator from Pennsylvania, (Mr. Cooper,]

and constituent. been passed, and the other may sleep upon the the other day, reflecting on a constituent of mine, Mr. COOPER. The Senator from South Carotable, if I can be assured that the information who is one of the officers of this Government. lina certainly did me no more than justice, when he sought by it can be had, as it ought to be, without Unanimous consent was given.

said that I intended to cast no reflection upon Comit. I am quite indifferent to its fate. My chief Mr. BUTLER, The Senator from Pennsyl

modore Shubrick. I did not intend to convey the object was to defend my own position, and that vania, (Mr. Cooper,] the other day, in introdu- idea that Commodore Shubrick had acted dishonobject has been accomplished.*

cing certain resolutions, which I hold in my hand, | estly, or perhaps even improperly. I believe I The further consideration of the subject was made the following remark:

stated at the time that the contracts were made by then postponed until to-morrow.

“ He meant to cast no reproach on the late Secre- the Bureau of Construction and Supply, and it is

tary of the Navy or his predecessor; they were both high- l probable that if I had reflected a moment, I would ADMISSION TO THE FLOOR OF THE SENATE. minded and honorable men, men of character and integri

have known that Commodore Shubrick was at the Mr. FISH submitted the following resolution

ty; but nevertheless these contracts have been made by the for consideration: bureaus possibly without their knowledge. He desired to

head of that bureau. But there is one suggestion have this information; and he hoped the resolution would in that letter that I think had better have been left Resolved, That the 48th rule of the Senate be amended now be passed."

out. by inserting after the word “Treasury,” the words "Secretary of the Interior," and also by adding the following to

The resolution is as follows:

Mr. BUTLER. It is not a letter. It is my the rule :

Resolved, That the Secretary of the Navy be, and he own memorandum from his conversation. No person except members and officers of the Senate is hereby, required to communicate to the Senate ihe con- Mr. COOPER. He states that there is no conshall be adınitted at either of the side doors of the Senate tract entered into with Messrs. Howland & Aspinwall tract entered into. There is no contract, perhaps, Chamber, and all persons claiming admission on the floor, for supplying the Japan squadron with coal, the price per excepting members and the Clerk of the House of Repreton which the said coal will cost delivered in the Chinese

made with the persons who furnish the coal, but sentatives for the time being, the heads of the several De- seas, the amount of commissions and insurance; respective- they are appointed agents, and ex officio their duty partments, the Private Secretary of the President, the ly, together with the rate of exchange which the Govern

is to furnish coal, and they become in law conment will be required to pay for such of the coal as may * CORRECTION.--An error occurred in the publication of

tractors with the Government. Now, sir, let me be purchased in England. Mr. Clayton's speech of the 15th instant. Nineteen lines “That the Secretary be also required to inform the Sen- say further, that instead of paying a commission at the foot of the first column of page 268 of the Appendix ate whether offers were made by other parties than Messrs. of five per cent., which the regularly-authorized to the Congressional Globe, beginning "Mr. Douglas. I Howland & Aspinwall, to supply the above-named squad

agents of the Government are entitled to receive, never said that I would not,” &c., were inserted by mis- ron with coal, by delivering the same at such places as take. Also, two paragraphs at the top of the second column might be designated in the Chinese seas, the prices per ton

these men receive ten per cent. In addition to of the same page.

at which these parties proposed to deliver it, stating partic- || that, by the bills, as they will be seen in the return

320 CONG.....3p Sess.

Special Session— Clayton-Bulwer Treaty.


made to the resolution by the present Secretary upon the public mind in reference to the state of The PRESIDENT. They can be divided by of the Navy, they have bargained at ten and a things in Central America, so far as we are con- unanimous consent. The first resolution is adopihalf per cent., by way of exchange; and instead cerned; and having had the honor, not long ago, || ed, and the question is on postponing the further of purchasing American coal at the price at which in another capacity, to submit a communication to consideration of the second. it was offered to them, which by the tests made the President, which was transmitted to Congress, Mr. MASON. I have no desire to interfere by the engineers in chief, and by the officers in in reference this subject, I am desirous, and I with the proposition of the honorable Senator from command of steamers, is greatly preferable to think it would be perhaps in some degree for the Massachusetts; but I entertained the idea that we English coal, they have bought English coal at a public interest, that some further explanation should be able to adjourn on Monday next, sine higher price. Now, I certainly did not intend to should be made in reference to the state of things || die. reflect on the Senator's constituent. I never in Central America at this time, so far as we are Several SENATORS. Oh, no; we cannot do that. would do injustice to any man, high or low; but connected with it.

Mr. MASON. I submit the suggestion that the when I see the Government funds squandered, In doing this, which is really the principal, and consideration of the subject be postponed until and American interests neglected, in order that || I may say almost the only object which I have in Saturday. some parties may be benefited, I must take notice view in claiming the attention of the Senate for a

Mr. ÉVERETT. I have no objection. of it. "I do not refer to the bureaus, by any means.

short time, I shall wish to make some reference Mr. MASON. I make that motion to test the I think it was really, from what I have heard and to the proposition of the 30th of April last, which sense of the Senate. seen, through the agency of other persons; but it was the object of the Senator from Delaware to Mr. SHIELDS. It will be utterly impossible that is the state of the case, and the community, I get before the Senate. Inasmuch, therefore, as to do that. There is business of the Senate which the great constituency which we all represent, will the Senate has made a special order for this day, requires that we should sit longer than until next judge whether I was right in what I said or not. for the election of certain officers of the Senate, Monday. I do not think it will be possible to ad

Mr. BUTLER. All I have to say in rejoinder | it would be an accommodation to me, and I think | journ at that time. is, that Commodore Shubrick had a limited ad. also to the Senate, if the Senate would consent, Mr. MASON. To test the sense of the Senministrative agency, and of course none of the by general acquiescence, to pass the resolutions of ate, I move to postpone the resolution until Satblame or censure could fall upon him. It was a the Senator from Delaware. I understand it was urday, stipulation, I suppose, entered into by the Navy | his expectation in moving them, that the second Mr. BADGER. I move to amend the motion Department itself, perhaps, as the Senator says, resolution would require considerable time to by inserting Monday instead of Saturday. under some influences; but I do not believe that meet it; that the answer would not come before Mr. Badger's motion was agreed to. Commodore Shubrick can be charged as having the next session. It is a call for general informaintentionally either perpetrated a wrong on the tion in reference to the affairs of Central America. PAY AND MILEAGE OF DAVID L. YULEE. Government, or done anything to the prejudice of But with reference to the first resolution, which The Senate then took up for consideration the American interests.

calls for an answer with regard to the proposition resolution submitted by Mr. Morton on the 7th Mr. PEARCE. The remarks which have been of the 30th of April, it can be answered in half instant, to allow per diem and mileage to David made might seem to throw some censure upon an hour, if it is the pleasure of the President. The L. Yulee during the time he contested the seat of the late Secretary of the Navy, Mr. Graham, and papers can be sent in to the Senate to-morrow or Mr. MALLORY. I think it due to him that I should state my recol- the next day, and they can be referred to without

Resolved, That there be paid out of the contingent fund lection of a conversation which I had with him inconvenience or impropriety, and it would be an of the Senate to the Hon. David L.. Ywee, a sum equal to last summer in relation to the supply of coal for accommodation to me that that should be the case the amount of mileage and per diem compensation of a

Senator, from the commencement of the first session of the the Japan expedition. Though I do not profess before I proceed to address the Senate as I shall to recollect all the points with accuracy, I think wish to do on the subject. I have consulted the

Thirty-second Congress to the 27th of August, 1852, the day

on which the Senate decided that the Hon. Stephen R. I can state, with a little certainty, a few things honorable chairman of the Committee on Foreign Mallory, whose seat in the Senate was claimed by him, which will go to excuse that gentleman from any Relations in reference to this matter, and he ap- was duly elected a member of the Senate from the State of

Florida." reproach which may be cast upon him.

proves of the course which I suggest. I thereI understand that Commmodore Perry came fore respectfully ask that the resolutions of the Mr. MORTON. All I can say in advocacy of here to see the Secretary of the Navy, and urge

Senator from Delaware be passed for the object the resolution is this: I only ask for my former upon him the importance of securing the supply that I have stated. The proposition of the 30th | colleague that justice or liberality which has hereof coal from persons of such undoubted respecta

of April should be communicated to the Senate, || tofore been given to persons in similar cases. It bility as that there could be no possibility of a and when we get that, the discussion of the sub- || is the custom of this and the other House to pay failure to deliver the coal at the proper place and | ject can be resumed, if such is the pleasure of the the persons who contest a seat the per diem and time. It was thought to be all-important to the Senate.

mileage for the proper time. success of the expedition, and that it might be Mr. MASON. The honorable Senator from Mr. BRIGHT. I do not know that I wish to entirely prostrated, or at least paralyzed if the coal Massachusetts did me the honor to confer with me be considered in the attitude of opposing the resowas not put in such a condition as to be obtained this morning on the expediency of passing the first lution; but as I was chairman of the committee when wanted. He was therefore induced to resolution offered by the Senator from Delaware, | that had charge of the contested-election case, I make the arrangement which he did make, and in order to bring before the Senate the information | think it is my duty to remind the Senate that the undoubtedly the statement of Commodore Shu- to which the Senator from Massachusetts refers, | committee unanimously reported against the right brick is correct, with Howland & Aspinwall. I and very properly refers, as pertinent to the sub- of Mr. Yulee to a seat here, and the Senate as believe their competency was undoubted. Their ject under debate. It refers to the message of the unanimously confirmed that report. Now, if it is ability to comply with the contract, at the precise President of the United States of the 18th of Feb- the pleasure of the Senate to pay the mileage and time necessary for the delivery of coal, was un- ruary last, communicating

the correspondence of per diem under such circumstances, I shall not obquestioned. But in addition to that, the Secretary the British Minister in reference to the affairs of || ject; but I desire the Senate before they vote, to then informed me, and I do not think that I am Costa Rica and Nicaragua. That letter has been know that the committee were unanimous in remistaken, that after examining the whole subject, l referred to in the Senate in a general way; but the porting against the right of Mr. Yulee, and the the conclusion was arrived at that the operation information is not before us, and cannot be brought Senate, without a dissenting voice, on the call of would be quite as economical as that in the place before us without the adoption of this resolution. the yeas and nays, confirmed the report. of which it was substituted. Thus much I'nave I submit, therefore, cheerfully to the request of Mr. DOUGLAS. 1 desire to say, and the Senthought proper to state, and I will say no more, the Senator, that the Senate should pass the first ate will recollect, that I wished a postponement of because I understand there is a full report on the resolution. The second resolution, before it is | this question, that I might have an opportunity subject by the present Secretary of the Navy. passed, I think should be altered so as very much of examining it, and making a speech upon it. io enlarge the scope of it.

The examination I had given the subject convinced
The PRESIDENT. The Senator from Vir-

me, so far as it had gone, that there was great The Senate resumed the consideration of the ginia asks for a division of the question. The plausibility in the claim of Mr. Yulee, and I was resolutions offered by Mr. CLAYTON, on the 7th question will be on the adoption of the first reso- inclined to think at that time and I believe no instant. lution.

man can doubt that he believed he was entitled Mr. EVERETT. When the Senator from The first resolution, which is as follows, was to a seat, and prosecuted his claim to it in good Delaware took his seat yesterday, I was desirous adopted:

faith. No one that knows him can doubt that he of catching the eye of the President, with the view

Resolved, that the President be respectfully requested,

believed that. And when a Senator prosecutes a of obtaining the floor to make a few remarks upon if compatible, in his opinion, with the public interest, tó claim in good faith, I have yet to learn that the Senthe subject which has been under discussion; and communicate to the Senate the propositions mentioned in ate have ever declined to make such compensation

the letter of the Secretary of State accompanying the ExI should have been glad to have done so at that ecutive message to the Senate of the 18th February last, as

as is asked by this resolution. If I recollect right, time. I did not succeed; and now by the cour- having been agreed upon by the Department of State, the

we have within this year paid a gentleman who tesy of the honorable chairman of the Committee British Minister, and the State of Costa Rica, on the 30th did not claim a seat, or assert his right to it. It on Foreign Relations, who moved to postpone the

of April, 1852, having for their object the settlement of the is true there were members of the Senate who

territorial controversies between the States and Governsubject, I have the opportunity of addressing you ments bordering on the river San Juan."

thought him entitled to a seat, although he did not at this time. I am not desirous by any means of

claim it. He set up no claim whatever. I believe entering into the debate which has occupied the

Mr. EVERETT. I now move a further post- there has not been a case in the history of the Senate during the past week. I presume it is ponement of the consideration of this subject until | Government, where there has been a contest, in hardly the expectation of the Senate that that de- || Monday next.

which the party who lost his seat has not been bate should extend beyond those gentlemen who Mr. BADGER. I would suggest to the Chair paid. Certainly we have not refused to pay where have been necessarily drawn into it. Being how- whether, as these two resolutions were offered as there has been ne imputation that the contest was ever, sir, under the impression that if the debate one subject, the postponement of one would not not made in good faith. should close here altogether, it would leave a carry the whole subject with it--the first resolu- Mr. MASON. I think it due to the occasion somewhat painful and unsatisfactory impression ll tion as well as the second?

to say, as I was a member of the select committee 320 CONG.....30 Sess.

Special Session-Pay and Mileage of David L. Yulee.


on the subject, that although that committee, as Kentucky, (Mr. Meriwether,) who, I under

the claim is an unfounded one, I can see no prosuggested by the honorable Senator from Indiana, stand, has not taken the pay awarded to him under priety in making the payment. If we do thal, was unanimous in the judgment to which they the order of the Senate, but clearly would be enti- every man who thinks proper to do so, may come ultimately came, after a full examination of the tled to take it if he thought proper to do so. That, here and set up a claim, and although he may have subject, and although, in my opinion, and in the I


was a very different case from this. There the unanimous vote against him, he must have his opinion of the committee, the purely legal ques- are many gentlemen in this body yet who think | mileage and per diem. He may stave off the detion was against Mr. Yulee, yet there can be as that he was entitled to the seat; that the limitation | cision the whole of the session, and go home and little doubt that the gentleman honestly entertained imposed by the Governor of the State of Ken- | altend to his business and come back here at the the very opposite opinion to the committee; and tucky in the pro tem. appointment given by him, end of a session of nine months, and obtain pay, it was evinced, by the degree of perseverance- was a limitation not within his power to make ; for the whole time. It may seem to some to be a industrious perseverance-on his part to bring the that he had power to fill the vacancy for the full matter of no consequence, but the principle insubject to a favorable result. He pressed the case time and not for the time limited in the appoint-volved is an important one, and we should propvery strongly, and with an earnestness which ment. In this instance, however,—but I am not erly decide it. showed the honesty of his intention, and his de- || going into the case; it has been settled-Senators Mr. MORTON. It is perhaps due to myself sire to have the question properly determined. He understand why it was Mr. Yulee claimed the seat. and to my late colleague that I should here say a employed, and had before the committee, gentle- He alleged that twenty-nine blank votes elected word. During the pendency of the contest before men of the bar very elevated in their position || him. That was the point in a few words. With the Senate between my late and my present coland of great distinction, and he must have incurred the honorable Senator from North Carolina, I league, I studiously avoided participating in it in a serious expense. So that although the opinion never believed that he had the color of a claim, I any form or shape. The acts and doings of my of the committee was against him, as well as the nor did I suppose at the time the case was dis- Legislature were passed in review before the Senopinion of the Senate, yet, in my judgment, the || posed of, that he would assert his right to the ate; but propriely on my part, I thought, required Senate should give him the compensation which | compensation resulting from the prosecution of that I should not participate in the contest so long this resolution proposes to give.

his claim; but if it is the pleasure of the Senate to as it assumed no broader ground than the contest Mr. BUTLER. Mr. Yulee represented a State | give it to him, be it so.

between the two gentlemen. In truth, the questhat is a neighboring one to my own. I know him Mr. SEWARD. I shall vote for this resolu- tions involved were constitutional and parliamentvery well; and while my judgment from the be- tion, upon the ground that when Mr. Yulee pre- ary questions, which I did not think myself qualis ginning was decidedly against him, yet if it had sented his objections to the sitting member, I was fied io decide; and I was willing that ihey should been a question depending entirely upon common- uncertain whether the election of the sitting mem- be decided by the able parliamentarians and conlaw principles, he would have succeeded. And ber was valid or not. The objections were such stitutional lawyers elected by the Senate to decide when I attended before the committee, and heard as at least, in my opinion, called for a legislative the question. They, after nine months'considerthe arguments made by eminent counsel whom he investigation. The result of the investigation re- | ation, decided that question, in which decision the employed, I know there were many friends who moved all doubt in my mind, as it did in the mind

Senate quiesced. I have not a word to say in changed their opinion, who were of opinion that of every other Senator. I am sure that there was opposition to the decision. My situation was a Mr. Yulee was right. I must say another thing, such a question

in the way of the sitting member, delicate one. My relations were of the most that so far as regards that discussion, many im- | that, to do justice to the State of Florida, it was friendly character towards both gentlemen. They portant principles were discussed, and I think set- necessary to examine it. Now, I think there both belong to a different party organization from the iled-settled by the judgment of the Senate. Cer- would have been no such investigation if it had one to which I belong; and of course my vote on tainly, they were presented forcibly by arguments; not been brought about by Mr. Yulee; and it was such a question could not have been conirolled by and I am satisfied that Mr. Yulee's perseverance- his right to bring it about. I think, under such a consideration of that kind. But I think it due his tenacity of purpose everybody knows-upon circumstances, it was his duty to bring it up; and to my late colleague, who now stands in the posithat occasion, evinced what the Senator from Illi- || having brought it up, he certainly ought, accord- tion of a constituent to me, that I should say here nois says, that he was conducting this protesting to the past practice of the Senate, to receive to the Senate, as most Senators who know him against the honorable Senator who fills the seat, some compensation.

will believe, that he honestly and religiously bein good faith. In that view, I am reconciled to the Mr. ADAMS. When this resolution was first lieved that he was entitled to the seat which he resolution.

offered by the Senator from Florida, I opposed it, demanded; that he believed it involved a high conMr. BADGER. As I was on the Select Com- and I have seen no reason since to change my stitutional question which should be decided by mittee, and concurred entirely in its report, and opinion. I then thought, and I still think, that if the Senate; that he was not influenced by any from the first examination of the case, and after an individual thinks proper to contest the seat of | sordid or mercenary motives in prosecuting the the arguments, could find nothing on which to a member elected by his State Legislature, he has contest; that nothing of the kind had influenced hang a doubt, I think it proper to add a word to a right to do so; but he should do it at his own him, but that he honestly believed that he was enwhat has been said by the Senator from Virginia. || hazard, unless the grounds for the contest are so

titled to the seat. I think he is certainly correct. However clear | plausible as to produce some division of opinion

As to the allusion which the Senator from Mismay have been the judgment of the committee and in the body. It is known that the Senate gave to sissippi makes to the time during which the conthe Senate, the gentleman who was claiming the Mr. Yulee a most patient investigation. They test was pending before the Senate, the committee seat was firmly convinced that he was entitled to l gave him a committee of this body—a learned and will bear me out in saying that it was no fault of it. And there is another consideration which wise committee. That committee heard his coun- my late colleague. The Senate will recollect the weighs with me. He was asserting that claim, sel, and after every Senator had made up his mind, constitution of that committee; that after it was not with the view of procuring the seat for himself || he was permitted to appear at the bar and make a first appointed, some three or four were called in this body, but to vindicate what he believed to speech of two hours at the close of the session home and vacated their seats, and other members be a constitutional principle and the right of the when our appropriation bills were in danger, and had to be appointed. My late colleague was anxState of Florida; for he declared himself unequivo- | when every Senator, notwithstanding his respectious that a prompt decision should be had; every cally, that that being his object and his sole object, to him personally, had so completely made up his courtesy was extended to him. He was heard be. if the vote of the Senate should award the seat to mind that there were few listening to his argument,

fore the committee and before the Senate. It is him, he would not take it, but would refer the and then after having consumed that period of anx- true he was heard, as the Senator from Missismatter again to the judgment of the Legislature of ||iety and excitement, the liberty was extended to sippi said; but, if I may use an Irish bull, he was Florida. It being a case, then, of a gentleman, him to consume another hour; and after all that, I heard but not listened to. It was too near the who, however mistaken, was yet sincere, and not one single member of the body voted to give close of the session for the Senate to attempt to who though prosecuting the contest with zeal and him his seat.

review and pass judgment upon the decision of energy and at great trouble and expense, was not If, sir, we get this down as a precedent, where the committee. seeking anything for himself, either of honor or the claim was so fallacious as not to be able to get

I have felt bound in justice to my late colleague of profit, but a mere vindication of what he believed one man out of sixty-two to vote for it, and we to say this. I think he was operated upon by no to be a legal, constitutional truth, and the right of should pay him for the entire session, we may as mercenary views and motives whatever. If he his State, I think it is but fair and just to pay him well pass a resolution that whoever runs against had been he would have gained nothing, for I the compensation. I hope, therefore, the resolu- | another and is defeated and contests the seat, shall doubt not that the loss of time, which was valution will be agreed to.

be paid a per diem and mileage for the first session, able to him, and the expenses incurred in the prosMr. BRIGHT., I did not mean to intimate by and that will save the trouble of the Senate inves- | ecution of his claim will not be covered by the the remarks which I made when first up, that I | tigating each claim. What propriety, I ask Sen- amount of compensation proposed to be given him doubted the sincerity of the contestant in the case ators, is there in allowing Mr. Yulee pay, simply by this resolution. referred to. I have no doubt that he believed he because he thought proper to prefer a claim to the Mr. BORLAND. I shall vote for this resoluwas honestly entitled to the place, and believed seat of an individual elected to this body? I can tion, as I think all such resolutions have heretothat at common-law he was entitled to the seat. see none. I know the House of Representatives fore been adopted, so far as I can learn, both in He prosecuted it, as stated by the Senator from has been in the habit, where a contest was plausi- the Senate and in the House of Representatives, North Carolina, with the view as he said of set- ble, and a doubt was entertained, and a difference without any reference to the question involved as tling a great principle; and if it be the pleasure of of opinion prevailed in regard to the right, to refer affecting the right of the sitting member, or the the Senate, under these circumstances, to award | it to a committee for investigation, an d when the one who lost his seat. All that I understand has him the pay and mileage which belong to a sit- conclusion had been arrived at to pay both. I been looked to in the action of either House, in ting member of this body, I certainly raise no ob- know that upon many occasions when this ques- | settling a question of this kind is, Did the individjection. I have my doubts, however, as to the tion has been determined in favor of one over the ual act in good faith in prosecuting his claim? propriety of such a result.

other claimant, where there was a doubt, and where Mr. ADAMS. I will explain what I underIt is a very different case from the one referred | it was thought right and proper that the question stand to be the case. Formerly, when an indi: to by the Senator from Ilinois. I suppose he re- should be brought before the body, they have been vidual claimed the seat of the sitting member, and ferred to the case of the honorable Senator from ll paid. But, where the decision is unanimous, that the sitting member was ousted, then the sitting

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