mMmm, tav COaJMENK DOCUMENTS [OFFICIAL.] O ^v PEOCEEDINGS AND DEBATES OF THE UNITED STATES SENAT J% FIRST SESSION-THIRTIETH CONGRESS. BY JAMES A. HOUSTON, WASHINGTON, D. C. MDCCCXLVIII. / 73 r DOCUWENTS D£PT. PREFACE That tlie Procec-Hings and Debates of both brandies of the Congress of the United States have been, until recently, very imperfectly reported, is now pretty generally acknowledged with re- gret and surprise. The Senate has been peculiarly unfortunate in this respect. No copious and authentic record of its debates up to the commencement of the last Congress, is any where to be found ; and all that now remains is a meagre, and often an erroneous sketch, of the discussions which have taken place, during that period of the existence of one of the most important delibera- tive bodies in the world. This is not, of course, the place to speak of the causes which have de- prived us of full and accurate reports of the Senate, or of the evils of that deprivation. The fact is merely stated, in order to introduce a very brief explanation, of the circumstances which led to the production of this volume. Struck by the remarkable neglect with which the debates of the Senate appeared to be treated by the journals issued at the seat of the federal government, and anxious to contribute something towards supplying a remedy for the evil, I devised a plan of reporting those debates, which was submitted to several of the oldest and most influential members of the body, nearly at the close of the second session of the last Congress. This plan proposed to give to the reports the utmost impartiality and fullness, together with the stamp of authoritative sanction. It met with appro- bation and was adopted. The execution of the work was entered upon under some disadvantages. Circumstances pre- vented the engagement of a sufficient number of competent assistants ; and the prompt publica- tion of full and close reports was regarded by some of the Senators as being, perhaps, not always practicable, or, at all events, expedient. However, notwithstanding all difficulties and draw- backs, the work was performed throughout the past session in such a manner as to elicit the com- mendation of many of the most distinguished Senators, and all the leading daily journals out of the city of Washington. Many able arguments — many bursts of eloquence — many scintillations of genius, which otherwise would have perished in the hour of their birth, have by this means been preserved, while I have the satisfactory reflection to console rne. in reviewing the result of many weary hours of anxious toil, that I have been instrumental in giving to the country an ac- curate and a complete record of conflicts and debates, which will never lose their interest so long as the great principles of justice, humanity and freedom, inspire the souls of men. At least, one important step has been taken towards the elevation of Congressional reporting to respectability and usefulness, and I have no fear that the movement in this important matter will, hereafter, be retrograde. JAMES A. HOUSTON. Washington, D. C, September 30, 1848. f 006 -i - 1 .V, ,( INDEX. A. Ai.LEN. William, of Ohio- Printing Piesidi-nl's Messaae 1!^ - Annmi ices (le. nil of Gen. Hauler ^ 41 Intrease of tlie array 50 Plans of Gen . Sui.ll 1 "^ Mission ' " Home 3^1 • Con'Taiiilaiiiins to the French "123, 443 Judiciary Bill 459, 499. 50S Califoniia Claims 537 .Steamships ^'^•^ Ashley, Chester, of ArliansMs— Adduioiial judicial disuici in Arijansos 238 Deulli announced ^5J Funcial Hiinors 562 Atchison, David R., of IVlissouri — Indian Appropriaiion Bill ou4 Additional Indian District in Arkansas 748 Adjournment of Congress. 750 Compromise Bill 9^6 Atheuton, Charles G., of New Hampshire — Payment of inieresi to Alabama 547 Indian Appropi iaiinn Bill 664, 678, 7l8 Naval .•Appropriation Bill 841 Loan Bill, (Appendix) 16 B. Badoeb, George E., of North Carolina- Case of Slaughter 54 Ten ReL'iment Bill. (Appendix) 125 Inviolahilitv of franks 315 Mission to'Rome 350, 3!i4, 393 Franking Privilege 379 Judiciary Bill 461. 510 Calif.rnia Claims 487, 557 Piiririiit of Gen. 'I'aylor 541 Case of David Myerie 660 Indian Appropriaiion Bill 679 OrcL'on Bill 6S7, 638 Paicni Ottice Kepori 707 Branch Minis f88 Compromise Bill 954 Bagbv. Ari huh p.. of Alabama — Acquisition of Territory 159, 473 John Paul Jones 318 French Kevoluiiin 437 Dam at CnmherUnd Island 492 Internal Improvemenls 51^4 Aid to Yiicaian 635 Oregon Bill 631 .Baldwin, Kooeb S., of Conneciicnt — Annexation of Mexican Territoiy 150 Ten Regiment Bill 344 French Revolution 434 Oregon Bill 699 Compromise Bill 923, 974 Bell, John, of Tennessee — Ten Regiment Bill , 203 Catechises Mr. Sevier about Mexican war 227 Dam at Ciimlierlacd Island. 422 Indian Appiopriaii.m Bill 665, 716 Benio.v, Thomas H., of Missouri — Joh.i Paul Jones 317 Announces illness of Mr. Adams .319 P.uicgync on the character of Mr. Adams '■•2ii Judiciary Bill -iol Calil..n,ia Claims 406, 490 Intel nal liiiprovctnents 566 Opp.'Scs sloaiii conveyance of iho mail across Atlantic... 609 Berkien, John McP , of Georgia — Increase 01 Ilieaimy 50 N.iuiralizaiion Laws 723, 735 Mail til SiivHunah 785 Oregon Bill 78S Comp.-.Miiise Bill 963 Borland, Solon, of Arkansas — Announces death ol Mr. Ashley 559 Deferred Nominal ions 624 Compensaiion fir liorse; lost in the military service 7l3 Adiilier.iied DriiL>s 743 Judicial Disirirt 111 Arkansas, 748 Ball pay lo Widows and Orphans , 895 Bradbcby, James W., of Maine — Announces death of Mr. Fairfield 42 John Paul Jones 320 Exemjilion of timber from duly 396 Half.pav lo Widows and Orphans 895 Compromise Bill 971 Bkeese, Sidney, of I'linois — Ten Regiment Bill 279 Califor la Claims 543 Panegyric on clmraetcr of Mr. Ashley 560 BoTLEB, Andrew P.. of South Carolina — Ten Reaiment Bill , 118 Annoiiiicos death of Jlr. Black 440 French Re CO Union 455 Judiciary Bill 458, 500 California Claims 490, 538 Riots in District of Columbia 524 Internal Improvements 566 Orecon Bill 679, 688 Bright, Jesse D., of Indiana — Indiana State Bonds 636 Otegon Bill 680, 779 C. Calhoun, John C, of South Carolina — Resolutions relative to Conquest of Mexico 30 Remarks on same subject 32 Incre.ise of the army 50, 51 Conquest of Mexico 62 Ten Regiment Bill 351 Mission to Rome 395 French Revolution. . .^ 429 Judiciary Bill 464 Internal Improvements 493 Riots in Disirict of Columbia 615 Calil'ornia Claims 537, 544, 553 Aid to Yucatan 557, 574, 627 Oregon Bill 681, 779 Cass, Lewis, of Michigan — Increase of the armv 49 Opens debate on Ten Retriment Bill 55 Siaiemenr of forces in Mexico 92 Plans of Gen Scott 117 Closes debate on Ten Regiment Bill 356 Mission to Rome 388 California Claims 539, 554 Inieriial Impiovements '567 AdtoYucaian 576, 601 Clayton, John M , of Delaware — Increase of the army 50 Caie 764 Opinions of Taylor and Cass.. ..,.«-„■.„. '.J.. 811 Mason, James M., of Virginia — Announces tleath of Mr. Dromgoole 33 California Claims 481, 530 The Southern Mail ,..t........ 7J8 Oreg(m Bill ..:..\ . ,' 836 Metcalfe, Tho.mas. of Kentucky — Coinj>roniise Hill 1016 Miller. Wu.lia.m. of New Jersey — Ten Regiment Bill 238 Cauulen iiiid Amboy Railroad 529 Aid to Yucatan 618 Adjournment of Congress....,, -756 Comjuoinihe Bill , ,..l...i. 930 N.'' ''''"" NiLES, John M., of Connecticut — Printing President's Message 12 Announces dealh of Mr. Huntington 14 Resolutions of State Legislature against the extension of slavery 28 Mexican Spoliations 202 Ten Regiment Bill 2l6 Mission to Rome 380 The Loan Bill 411 French Revolution 443 Calilornia Claims 536 Internal Improvements 564 Aid to Y'ucatan 594 Mode of paying the Public Interest 654 Foreign Mail Service 657 Oregon Bill !..!'!..,.. 689 Patent Office Report .'.'.".'.'.'.".'.. !'.'.".!*.'.'.'.r.'.'.'. 707 Reduction of Postage ...... ^^^ CompromiTC Bill ',', ■,,;,,.!;!!..;,' 920 PROCEEDINGS AND DEBATES OF THE SENATE. p. Pearce, James A., of Maryland- Widow of Col. MoRea - 89 Ten Regiment Bill 107 Explanation as to Texas boundary 157 The Southern Mail 735 Phelps, Samoel S., of Vermont — Ten Regiment Bill 176, 183 . The Loan Bill 419 French Revolution 452 Judiciary Bill 463 California Claims 4'J], 536 Oregon Bill ^f^ Compromise Bill f'33 R. Rv8K, Thomas S., of Texas- Bounty Land Claims 194 Ten Regiment Bill 304 Californin Claims 542 Oregon Bill 687 Indian Appropriation Bill 726 Texas Navy 867 S. Sebastian, William K., of Arkansas — Indian Appropriation Bill 724 Sevieh, Ambrose H., of Arkansas — Distribution of Books to Senators 20 Explanation as to Texas boundary 156 Ten Regiment Bill 219 Explanations in reply to Mr. Bell 226, 227 T. TuBNEY, Hopkins L., of Tennessee — Jethro Wood's Patent 164 Ten Regiment Bill 267 Compensation for horses, See 713 V. Underwood, Joseph R., of Kentucky — Clerk to sign Land Patents 157 Ten Regiment Bill 255 American Hemp for Navy 398 French Revolution 453 California Claims 535 Portrait of Gen. Taylor 542 Losses in Florida war 642 Case of David Mverle 65S Oregon Bill .' 697 Compromise Bill 946 Upham, William, of Vermont — Ten Regiment Bill 28S W. Webster, Daniel, of Massachusetts — Ten Regiment Bill 355 The Mexican war 399 Indian Appropriation Bill 668 Naturalization Laws 711 Oregon Bill, (Appendix) 33 Westcott, James D., of Florida — Case of Slaughter. , 53 Assistant Pursers 83 Examiners in the Patent Ofliee 378 California Claims .OoS Aid to Yucatan 590 Losses in Florida war 641 Oregon Bill 686 Naturalization Laws 723 Y. Yulee, David L., of Florida — Assistant Pursers 83 Slavery 274 .\merican Hemp for Navy 397 Steamships 907 / Monday, Dec. 6.] ORGANIZATION OF THE SENATE. MONDAY, DECEMBER 6, 1847. In conronnity wth the second clause in the fourth section of the first article of the Constitution of the United States, the first ses- sion of the thirtieth Congress commenced this day. The Senate was called to order at twelve o'clock by its presidinn- officer, the Hon. GEORGE MIFFLIN DALLAS, Vice Prcst- dent of the Uuited States. The following Senators were present, viz : From Maine. John Faikfiei.d, James W. BRAnBURV. From New Hampshire. Charles G. Atherton, John P. Hale. From Vermont. William Upham, Samuel S. Phelps. From Rhode Island. Albert C. Greene, John H. Clarke. From New York. John A. Dix, Daniel S. Dickinson. From New Jersey. Willi.\m L. Dayton, Jacob W. Miller. From Pennsylvania. Simon Cameron, Daniel Sturgeon. From Delaware. Presley Spruance. From Maryland. Reverdy Joh.nson. From Virginia. James M. Mason, Robert M. T. Hunter. From North Carolina. George E. Badger, Willie P. Mangum. From Houlh Carolina. Andrew P. Butler. From Mississippi. Jefferson Davis, Henry S. Foote. From Louisiana. Henry Johnson, Solomon W. Downs. Fro7n Tennessee. Hopkins L. Tubney. Frotn Kentucky. John J. Crittenden, Joseph R. Underwood. From Ohio. William Allen, Thomas Corwin. From Indiana. Edward A. H.\nneqan, Jesse D. Bright. From Illinois. Sidney Breese, Stephen A. Douglas. From Missouri. David Atchison. From Arkansas. Ambrose H. Sevier, Chester Ashley. From Michigan. Lewis Cass, Alpheus Felch, Fro7n Florida. James D. Westcott, jr. Thomas J. Rusk. From Texas. credentials of sen.\tors. Mr. ATHERTON presented the credentials of the Hon. John P. Hale, elected a Senator of the United States from the State of New Hampshire, for the term of six years from, and after the 4th day of March, 1847; which were read. Mr. HALE, havinif taken the oath of ofHce, which was admin- istered to him by the Vice President, took his seat. Mr. CRITTENDEN presented the credentials of the Hon. Joseph R. Underwood, elected a Senator of the United States from the State of Kentucky, for the term of six years from, and after the 4th day of March, 1847; which were read. Mr. UNDERWOOD, having taken the oath of office, which was administered to him by the Vice President, took his seat. Mr. JOHNSON, of Louisiana, presented the credentials of tlie Hon. Solomon W. Downs, elected a Senator of the United States from the State of Louisiana, lor the term of six years from, and after the 4th day of March, 1847; wiiich were read. Mr. DOWNS, haviiii; taken the oath of office, which was ad- ministered to him by the Vice President, took his seat. Mr. GREENE presented the credentials of the Hon. John H. Clarke, elected a Senator of the United States from the State of Rhode Island, and Providence Plantations, for the term of six years from, and after the 4lh day of March, 1847; which were read. Mr. CLARKE, having taken the oath of office, which was ad- ministered to him by the Vice President, took his scat. Mr. SEVIER presented the credentials of the Hon. Jefferson D.A.VIS, appointed bv the Governor of Mississippi a Senator of the United States from the State of Mississippi, to till the vacancy oc- casioned by the decease of the Hon. Jesse Speight; which were read. Mr. DAVIS, having taken the oath of office, which was admin- istered to him by the Vice President, took his scat. Mr. BREESE presented the credentials of the Hon. Stephen A. Douglas, elected a Senator of the United States from the State of Illinois, for the term of six years from, and after the 4th day of March, 1847; which were read. Mr. DOUGLAS, having taken the oathof ollice, which was ad- ministered to him by the Vice President, took his scat. Mr. FAIRFIELD presented the credentials of the Hon. Ja.mes W. Bradbury, elected a Senator of the United States from the State of Maine for the term of six years from and after the 4th dSty of March, 1847; which were read. Mr. BRADBURY, having taken the oath of office, which was administered to liim by the Vice President, took his seat. Mr. CASS presented the credentials o .the Hon. Alphelts Felch, elected a Senator of the United States from the State of Michigan, for the term of six years from and after the 4th day of March, 1847; which was read. Mr. FELCH, having taken the oath of otRce, whio was admin- istered to him by the Vice President, took his seat. The following Senators, whose credentials were presented to the Senate at the last session of Congress, severally had the oath of office administered to them by the Vice President, and took their seats, viz : Messrs. Ashley, Mangum, Foote, Hunter. Miller, and Spruance. notification to the house. On motion by Mr. BREESE, it wss Ordered, Tliat the Secretary acquaint the House of Represen- tatives that a (juorum of the Senate has assembled, and that the Senate is ready to proceed to business. HOUR OF meeting. On motion by Mr. FAIRFIELD, it was Ordered, That the daily hour of meeting be twelve o'clock until olhorwise ordered. newspapers. On motion by Mr. CAMERON, it was Resolved, That each Senator be supplied, (luring tlie present se^iou, with newspa- pere, as heretofore, not exceeding the cost of four daily papers. On motion by Mr. MANGUM, The Senate adjourned. ^ THE PRESIDENT'S MESSAGE. fTcESDAY, TUESDAY, DECEMBER 7, 1847. The Hon. Roger S. Baldwin, of the State of Coniieeticut; the Hon. John C. C.\lhovn, of the State of South Carolina; the Hon. W.\LTER T. CoLQCiTT, of thc State of Georgia; the Hon. John M. N'iles, of the State of Connecticut; and the Hon. J.\mes A. Peahce, of the State of Maryland, severally appeared in iheii' seats to-day. CREDENTIALS OF SENATORS. Mr. BUTLER presented the credentials of the Hon. John C. Calhoun, elected a Senator of thc United States, from the State of South Carolina, for the term of six years, from and after the 4th day of March, 1847; which were read. Mr. CALHOUN, havins taken the oath of office, which was administered at the hands of the Vice PHEsinE.VT, took his seat. Mr. NILES presented the credentials of the Hon. Roger S. Baldwin, appointed by the Governor of Connecticut a Senator of the United States, from the State of Connecticut, to fill the vacan- cy occasioned by the decease of the Hon. Jabez W. Huntington; which were read. Mr. BALDWIN, havinpr taken the oath of office, which was administered at the hands of the Vice President, took his seat. MESSAGE FRO.M THE HOUSE. The following mes.sago from the House of Representatives was delivered by B. J3. French, Esq., their Clerk: Mr. President: I am directed to inform the Senate that a quo- rum of the House of Representatives has assembled, and that Robert C.;Winthrop, one of the Representatives from the State of Massachusetts, has been chosen Speaker, and that the House is now ready to proceed to business. The House of Representatives have passed a resolution for the appointment of a committee on the part of the House, to join such committee as may be appointed on the part of the Senate, to wait on the President of the United States, and inform him that a quo- rum of the House is as.sembled. and that Congress is ready to re- ceive any oommunicalion he may be pleased to make; and Mr Hunt and Mr. Howell Cobb have been appointed the commit- tee on their part. committee to wait on the president. Mr. SEVIER moved to take up the resolution from the House- which was agreed to. ' The resolution having been read, Mr SEVIER observed, that it only provided for informin,at Con-ras a,e icidv to receive any communicauon he may be pleased to make. " ' On motion it was Ordered, That tlie committee be appointed by the Vice Presi- Messrs. Sevier, Mangum, and Fairfield were appointed. saclt de ste. marie. Mr. CASS submitted the following resolution; which was con- .sidered by nnanimotis consent, and agreed to: Hesolvfd, That the Pecrelarv of the Trratnn- b<- iiMtmci..., t« .,., NOTICE OF BILLS. Mr. IIANNEGAN gave notice that he should, on to-morrow, ask leave ol the Senate to introduce a bill for the relief of the heirs of John Paul Joneii. Mr. WESTCOTT gave notice that he should, on to-morrow, ask leave to bring in a bill further to carry into effect the provis- ions and stipulations of the 9th article of the Florida treatv, with respect to certain losses of Spanish subjects in West Florida. president's message. Mr. SEVIER, from the Committee on the part of the Senate, jointly with the Committee appointed on the part of the House of Representatives, to wait on the President of the United States, anil inform him that a quorum of each house has assembled, and that Congress is ready to receive any communication he may be plea.sed to make, reported, that they had performed the duty as- signed them, and that the President stated that he would make a communication to each house forthwith. The following message was received from the President of the United States, by Mr. J. Knox Walker, his private secretary: Fellow-Citizens of the Senate, and of the House qf Representatives : The annual meeting of Congress is always an interesting event. The Representatives of the States and of the people come fresh from their constituents to take counsel together for the common good. After an existence of near three-fourths of a century as a free and independent republic, the problem no longer remains to be solved whether man is capable of self-governmeut. The suc- cess of our admirable system is a conclusive refutation of the theo- ries of those in other countries who maintain that "a favored few" are born to rule, and that the mass of mankind must be governed by force. Subject to no arbitrary or hereditary authority, the peo- ple are the only sovereigns recognized by our constitution. Nu- merous emigrants, of every lineage and language, attracted by the civil and religious freedom we enjoy, and by our happy condition, annually crowd to our shores, and tl'an^fer their heart, not less than their allegiance, to the country whose dominion belongs alone to the people. No country has been so mucli favored, or should acknowledge with deeper reverence the manifestations of the Divine protection. All all-wise Creator directed and guarded us in our infant strug- gle tor freeilom, and has constantly watched over our surprising progress, until we have become one of the great nations of the earth. It is in a country thus favored, and under a government in wliieh the executive and legislative branches hold their authority for lim- ited periods, alike from the people, and where all are responsible to their respective constituencies, that it is again my duty to com- municate with Congress upon the state of the Union and the pre- sent condition of public art'airs. During the past year the most gratifying proofs are presented that our country has been blessed with a' wide-spread and universal prosperity. There has been no period since the Government was lounded, when all the industrial pursuits of our people have been more successful, or when labor in all branches of business has re- ceived a fairer or better reward. From our abundance we have been enabled to perform the pleasing duty of furnishing food for the starving millions of less favored countries. In the enjoyment of the bounties of Providence at home, such as have rarely fallen to the lot of any people, it is cause of con- gratulation, that our intercourse with all the powers of the earth, except Mexico, continues to be of an amicable character. It has ever been our cherished policy to cultivate peace and good will with all nations ; and this policy Las been steadily pursued by m«. No change has taken place in our relations with Mexico since the adjournment of the last Congress. The vi-ar in which the Uni- ted States were forced to engage with the government of that coun- try still continues. I deem it unnecessary after the full exposition of them contained in my message of the eleventh of May, 1846, and in my annual message at the commencement of the' session of Congress in De- cember last, to reiterate the serious causes of the conqilaint which we had against Mexico before she commenced hostilities. It is sufficient on the present occasion to say, that the wanton violation of the person and properly of our citizens committed by MexiQO, her repeated ai'ts of bad 'faith, through a long series of years, and her tlisregard of .solemn treaties, stipulating for indem- nity to our injured citizens, not only constituted ample cause of war on our part, but were of such an aggravated character as would have jusliticd us before thc whole world in resorting to this extreme remedy. With an anxious do.sire to avoid a rupture be- tween the two countries, we forebore for years to assert our clear rights by force, and continued to seek redress for the wrongs we had suflcred by amicable negotiation, in the hope that Mexico might yield to i.acilic councils and the demands of justice. In this hope we were disappointed. Our mmister of peace sent to Mexico December 7.] THE PRESIDENT'S MESSAGE. was insultingly rejected. The Mexican government refused even to hear the terms of adjustment which he was authorized to pro- pose; and finally, under wholly unjustifiable pretexts, mvolved the two countries in war, by invading the territory of the State of Tex- as, striking the first blow, and shedding the blood of our citizens on our own soil. Though the United States were the aggrieved nation, Mexico commenced the war, and we were compelled, in self-defence, tore- pel the invader, and to vindicate the national honor and interests by prosecuting it w.th vigor until we could obtain a just and honorable peace. On learning that hostihlies hud been commenced by Mexico, I promptly communicated that fact, accompanied with a sufficient statemciit of our causes of complaint against Mexico, to Congress; and that body, by the act of the thirteenth of May, 1846, declared that "by the act of the republic of Mexico, a state of war exists between that government and the United States," — this act declaring "the war to exist by the act of the republic of Mexico," and making provision for its prosecution "to a si>eedy and success- ful termination," was passed with great unanimity by Congress, there being but two negative votes in the Senate, and but fourteen in the House of Representatives. The existence of the war having thus been declared by Congress, it became my duty, under the constitution and tlie laws, to con- duet and prosecute it. This duty has been performed; and though, at every stage of its progress, I have manifested a willingness to terminate it by a just peace. Mexico has refused to accede to any terms which could he accepted by the United States, consistently witli the national honor and interest. The rapid and brilliant successes of our arms, and the vast ex- tent of the enemy's territory which had been overrun and conquer- ed, before the clo.se of the last session of Congress, were fully known to that body. Since that time, the war has been prosecu- ted with increased energy, and I am gratified to state, with a suc- cess which commands universal admiration. History presents no parallel of so many glorious victories achieved by any nation within so short a period. Our army, regulars and volunteers, have covered themselves with imperishable honors. Whenever and wherever our forces have encountered the enemy, though he was in vastly superior numbers, and often entrenched in fortified positions of his own selection, and of great strength, he has been defeated. Too much praise cannot be bestowed upon our officers and men, regu- lars and volunteers, for their gallantry, discipline, indomitable cour- age and perseverance, all seeking the post of danger, and vicing ■ with each other in deeds of noble daring. While every patriot's heart must exult, and a just national pride animate every bosom, in beholding the high proofs of courage, con- stimmate military skill, steady diciplinc, and humanity to the van- quished enemy, exhibited by our gallant army, the nation is called to mourn over the loss of many brave oflicers and soldiers who have fallen in defence of their country's honor and interests. The brave dead met their melancholy fate in a foreign land, nobly di.schargijig their duty, and with their country's flag waving triumphantly in the face of the foe. Their patriotic deeds are justly appreciated, and will long be remembered by their grateful countrymen. The parental care of the government they loved and served should be extended to their surviving families. Shortly after the adjournment of the last session of Congress, the gratifying intelligence was received of tho signal victory of Buena Vista and of the fall of the city of Vera Cruz, and with it the strong castle of San Juan de UUoa, by which it was defended. Believing that after these and other successes, so honorable to our arms and so disasterous to Mexico, the period was propitious to af- ford her another opportunity, if they thought proper to embrace it, to enter into negotiations for peace, a commissioner was appointed to proceed to the headquarters of our army, with full powers to enter upon negotiations, and to conclude a just and honorable treaty of peace. He was not directed to make any new overtures of peace, but was the bearer of a despatch from the Secretary of State of the United States, to the Minister of Foreign Affairs of Mexico, in reply to one received from the latter of the twenty- second of February, 1847, in which the Mexican government was informed of his appointment, and of his presence at the headquar- ters of our army, and that he was invested with full powers to conclude a definitive treaty of jieiiec, whenever the Mexican govern- ment might signify a desire to do so. While I was unwilling to subject the United States to another indignant refusal, I was yet resolved that the evils of the war should not be protracted a day longer than might be rendered absolutely necessary by the Mexi- can government. Care was taken to give no instructions to the commissioner which could in any way interfere with our military operations, or relax our energies in the prosecution of the war. He possessed no anthority in any manner to control these operations. He was authorized to exhibit his instructions to the General in command of the army, and in the event of a treaty being concluded and rati- fied on the part of Mexico, he was directed to give him notice of that fact. On the happening of such a contingency, and on re- ceiving notice thereof, the general in command was instructed hy the Secretary of War to suspend further active military operations until further orders. These instructsons were with a view to in- termit hostilities until the treaty, thus ratified by Mexico, could be transmitted to Washington, and receive the action of the gov- ernment of the United States. The commissioner was also directed, on reaching the army, to deliver to the general in command the despatch which he "bore from the Secretary of State to the Minister of Foreign Aflfairs of Mexico, and on receiving it, the General was instructed by the Secretary of War, to cause it to be transmitted to the commander of the Mexican forces, with a request that it might be communi- cated to his government. The commissioner did not reach the headquarters of the army until after another brilliant victory had crowned our arms at Cerro Gordo. The despatch which he bore from the Secretary of War to the general in command of the army was received by that officer, then at Jalapa, on the seventh day of May, 1847, together with the despatch from the Secretary of State to the Minister of Foreign Affairs of Mexico; having been transmitted to him from Vera Cruz. The commissioner arrived at the headquarters of the army a few days afterwards. His presence with the army and his diplo- matic character were made known to the Mexican governraenl, from Puebla, on tl'e twelfth of June, 1847, by the transmission of the despatch from the Secretary of State to the Minister of Foreign Affairs of Mexico. Many weeks elapsed after its receipt, and no overtures were made, nor any desire expressed by the Mexican government to en- ter into negotiations for peace. Our army pursued its march upon the capital, and, as it a.\y- proached it, was met by formidable resistance. Our forces first encountered the enemy, and achieved signal victories in the severe- ly contested battles ol Contreras and Churubusco. It was not un- til after these actions had resulted in decisive victories, and the capital of the enemy was within our power, that the Mexican go- vernment manifested any disposition to enter into negotiations for peace; and even then, as events have proved, there is too much reason to believe they were insincere, and that in agreeing to go through the forms of negetiation, the object was to gain time to strengthen the defences of their capital, and to prepare for fresh resistance. The general in command of the army deemed it expedient to suspend hostilities temporarily, by entering into an armistice with a view to tho opening of negotiations. Commissioners were ap- pointed on the part of Mexico to meet the commissioner on the part of the United States. The result of the conferences which took place between these functionaries of the two governments was a failure to conclude a treaty of peace. The commissioner of the Uuited States took with him the pro- ject of a treaty already prepared, by the terms of which the indem- nity required by the United States, was a cession of territoiy. It is well known that tlie only indemnity which it is in the pow- er of Mexico to make in satisfaction of the just and long deferred claims of our citizens against her, and the only means by which she can reimburse the United States for the expenses of tlic war, is a cession to the United States of a portion of her territory Mexico has no money to pay, and no other means of making the required indemnity. If we refuse this, we can obtain nothing else. To reject indemnity, by refusing to accept a cession of territory, would be to abandon all our just demands, and to wage the war, bearing all its expenses, without a purpose or definite object. A state of war abrogates treaties previously existing between the lielligerents, and a treaty of peace puts an end to all claims for indemnity for tortious acts committed under the authority of one government against the citizens or subjects of another, unless they are provided for in its stipulations. A treaty of peace which would terminate the existing war, without providing lor indemni- ty, would enable Mexico — the acknowledged debtor, and herself the aggressor in the war — to relieve herself from her just liabilities. By such a treaty, our citizens who hold just demands against her, would have no remedy either against Mexico or their own govern- ment. Our duty to these citizens must forever prevent such a peace, and no treaty which does not provide ample means of dis- charging these demands can receive my sanction. A treaty of peace should settle all existing differences between the two countries. If an adequate cession of territory should be made by such a treaty, the United States should release Mexico from all her liabilities, and assume their payment to our own citi- zens. If, instead of this, the United States were to consent to a treaty by which Mexico should again engage to pay the heavy amount of indebtedness which a just indemnity to our government and our citizens would impose on her, it is notorious that she does not possess the means to meet such an undertaking. From such a treaty no result could be anticipated, but the same irritating dis- appointments which have heretofore attended the violations of si- milar treaty stipulations on the part of Mexico. Such a treaty would be but a temporary cessation of hostilities, without the re- storation of the friendship and good understanding which should characterize the future intercourse between the two countries. That Congress contemplated the acquisition of territorial i.ndem- uity , when that body made provision for the prosecution of the war, is obvious. Congress could not have meant — when, in May, 1S46, they appropriated ten millions of dollars, and authorised the Pre. sident to employ the militia and naval and military forces of the United States, and to accept the services of fifty thousand volun- teers to enable him to prosecute the war; and when, at their last session, and after our army had invaded Mexico, they made addi- tional appropriations, and authorised the raising of additional troops for the same purpose — that no indemnity was to be obtained from Mexico at the conclusion of the war; ano vet, it was certain, that if no Mexican territory was acquired, no indemnity could be obtained. It is further manifest that Congress contemplated territorial in- demnity, from the fact, that at their last session, an act was pass- TEE PRESIDENT'S MESSAGE. [Tuesday, ed, upon the Executive recommendation, appiopriatinir three mil- lions of dollars with that express objiic-t. This appropriation was made "to enable the President to (.onclude a treaty ol peace, limits and boundaries with the Republic of Mexico, to be used by him in the event that said treaty, when signed by the authorised agents of the two governments, and dulj- ratified by Mexico, shall call for the expenditure of the same, or anv part thereof.'' The object of asking this appropriation was distinctly stated in the several mes- sages on the subject which I oommimicatcd to Congress. Similar appropriations, made in 1803 and 1806, which were referred to, were intended to be applied in part consideration for the cession of Louisiana and the Floridas. In like manner, it was anticipated, that, in settling the terms of a treaty of " limits and boundaries" with Mexico, a cession of territory, estimated to be of greater value than the amount of our demands against her. might be ob- tained; and that the prompt payment nf this sum — in part conside- ration for the territory ceded, on the i-oncliision of a treaty, and its ratification on her part — might be an indurement with her to make such a cession of territory as would be satisfactory to the United States. And although the failure to conclude such a treaty has rendered it uunecossary to use any part of the three millions ol' dol- lars appropriated by that ai'l, and the entire sum remains in the treasury, it is still applicable to that object, should the contingen- cy occur making such application proper. The doctrine of no territory is the doctrine of no indemnity; and, if sanctioned, would be a public acknowledgement that our coun- try was wrong, and that the war declared by Conirrcss. with ex- traordinary unanimitv. was unjusi, and slMiild be. abandoned ; an admission unfounded In fict, and degrading to the national charactr . The terms of the treaty proposed by the United Stales, were not only just to Mexico, but, considering the character and amount of our claims, the unjustifiable and unprovoked commencement of hostilities by her. the expenses of the war to which we have been subjected, and the success which Imd altended our arms, were deemed to be of a most liberal character. The comntissioner of the United States was authorised to agree to the establishment of the Rio Grande as the boundary, frcpiu its entrance into the Gulf to its intersection with the southern boun- dary of New 3Iexico, in north latitude about thirty-two decrees. and to obtain a cession to the United Slates of the provinces of Xew Mexico and the Califoniias, and the privilege of the ri"ht of way across the isthmus of Tchuantepee. The boundary of the Rio Grande, and the ce.«sion to the United States of New Mexico and Upper California, constituted an ultimatum whicli our commissioner was. under no circuiustances, to yield. That it might be manifest not only to Mexico, but lo all other nations, that the United States wore not disposed to take advan- tage of a feeble power, by insisting upon wresting from her all the other provinces, including many of her principaftowns and cities, which we had concpiered and held in our mditary occupation, but were willing to conclude a treaty in a spirit of liberality, our com- missioner was authorized to stijHilate for the restoration to Mexico of all our other conquests. As the territory to be acquired by the boundary proposed might be estimated to be of greater value than a fair equivalent for our just demands, our commissioner was authorized to stipulate for the payment of such additional pecuniary consideration as was deemed roasonable. The terms of a treaty proposed by the Mexican cominissioners were wholly inadmissible. They negotiated as if Mexico were the victorious, and not the vanei'iiished party.' Thev must have known that their ultimatm could never be accepted. It required tho United States to dismember Texas, by surrendering to Mexico that part of the territory of that State lying between the Nueces and the Rio Grande, included within her limits by her laws when she was an independent repulilic, and when she was annexed to the United States and admitted by Congress as one of .the States of our Union. It contained no provision for the payment by Mexico iif the just claims of our citizens. It required indemnity" to Mexi- can citizens for injuries they have sust.-iiiied liv our troops in the prosecution of the war. It demanded the right for Mexico to le\T and collect the Mexican tariff of duties on ^'oods imported into he"r ports while in our military occupation during the war and the "wners of which had paid to officers of tho United State's ihi. mil itary contributions which had been levied upon them: and it oUcrc-d to cede to tho United States, for a pecuniary consideration thai pan of Upner California lying north of latitude thirty-seve'ii dc grees. Such were the unreasonable terms proposed by the Me\i can commissioners. The^ cession to the United States by Mexico, of I ho provinces of .Vew Mexico and the Cahlornias, as ],roposed bv the coumiissioner ol the United States, it was believed, wouhl be more in accord ancc with tho convenience and interests of both nations than' anv other cession ol territory whhdi it was probable Mexico cotdd b"o induced lo make. It is nianifest to all who have observed the actual <'ondition of the McxKMin governmeni , for some years past, and at present that if these provinces shmild be retained by her, she could not lon-r fontiniic to h(dd and govern them. Mexico is too feeble a powcT- to govern these provinces, lying as they do at a distance of more than a thousand miles Irom her capital; and, if nitempted to be re- tamed by her, they would constitute but for a short time, even no- minally, a part ol her dominions. This would be .■specially the case with Upper California The sagacity of powerful European nations hns long since directed their Httonlion to the commercial importance of that province and there can bo little doubt that the moment the United States shall relin- quish their present occupation of it, and their claim to it as indem- nity, an effort will be made by some foreign power to possess it, cither by conquest or by purchase. If no foreign government should acquire it in either of these modes, an independent revolutionary government would probably be established by the inhabitants, aneJ such forcisners as may remain in or remove to the country, as soon as it shall be known that the United Slates have abandoned it. Such a government would be too feeble long to maintain its separate independent existence, and would finally become annex- ed to, or be a dependent colony of, some more powerful State. Should any foreign government attempt to possess it as a colo- ny, or otherwise to incorporate it with it.self, Ihe principle avowed by President Monroe, in 182-1, and reaffirmed in ray first annual message, that no foreign power shall, with our consent, be permit- ted to plant or establish any new colony or dominion on any part of the North American continent, must be maintained. In main- taining this principle, and in resisting its invasion by any foreign power, wc might be involved in other wars more expensive aiid more difficult than that in which wo are now engaged. The provinces of New Mexico and the Californias are contigu- ous to the territories of the United States, and if brought under the gnvernincnt of our laws, their resources — mineral, agricultu- ral, manufacturing, and commercial — would soon be developed. Upper California is bounded on the north by our Oregon posses, sions ; and if held by the United States, would soon be settled by a hardy, enterprising, and intelligent portion of our population, — The bay of San Francisco, and other harbors along the California coast, wuiild allbrd shelter for our navv', for our numerous whale ships, and other merchant vessels employed in the Pacific ocean, and would in a short period become tlie marts of an extensive and profitable commerce with China, and other countries of the East. These advantaijes, in which the whole commercial world would participate, would at once be secured to the United States bv the cession of this territory; while it is certain that as long as'it re- mains a part of the Mexican dominions, they can be enjoyed nei- ther by Mexico herself nor by any other nation. New Mexico is a frontier province, and has never been of any considerable value to Mexico. From its locality, it is naturallv connected with our western settlements. The territorial limits of the State of Texas, too, as defined by her laws, before her admis- sion into our Union, embrace all that portion of New Mexico Ivin"- east of the Rio Grande, while Mexico still claims to hold this" ter- ritory as a part of her dominions. The adjustment of this ques- tion of boundarv is important. There is another consideration which induced the belief that tho Mexican government might even desire to place this province under the protection of the government of the United States. — Numerous bauds of tierce and warlike savages wander over it. and upon its borders. Mexico has been, and must continue to be. too feeble to restrain them from comniittinn- depredations, robberies aud murders, not only upon tho inhabitants of New Mexico itself, but upon those of the other northern States of Mexico. It would be a blessing to all these northern States to have their citizens protected against them by the power of the United States. At this moment many Mexicans, principally females and children, are in captivity among them. II New Mexico were held and governed by the United States, we could eirectually prevent these tribes from committing such outrages, and compel them to release these cap- tives, and restore them to their families and friends. In proposing to acquire New Mexico and the Californias, it was known that but an inconsiderable portion of the Mexican people would be transferred with them, the country embraced within these provinces being chiefly an uninhabited region. These were the leading considerations which induced me to authorize the terms of peace which were proposed to Mexico. They were rejected; and, negotiations being at an end, hostilities were renewed. An assault was made by our gallant army upon the strongly fortified places near the city of Mexico and upon the city itsell; and after several days of severe conflict, the Mexican forces — vastly superior in numbers to our own — wore driven from the city, and it was occupied by our troops. Immediately after information was received of the unfavorable result of the negotiations, believing that his continued presence with the army could be productive of no good, I determined to recall our commissioner. A despatch to this ellcct was transmit- ted to him on the sixth of October last. The Mexican govern- ment will be informed of his recall; and that, in the exi.sting state of things, I shall not deem it proper to make any further overtures ol peat^e, but shall be at all times ready lo receive and consider any prciposals which may be made by Mexico. Since iliu liberal propositiiin of the United States was authorized to be iiiiide in April last, large expenditures have been incurred, and the precious blood of many of our patriotic fellow-citizens has been shed in the prosecution of the war. This consideration, and I he obstinate perseverance of Mexico in protracting the war, must influence the terms of peace which it may be deemed proper here- after to aci'cpt. Our arms having been everywhere victorious, having subjected lo l. The public revenue derived from customs during the year ending on the first of December, 1847, exceeds by more than eight millions of dollars the amount received in the preceding year under the operation of the act of 1842, which w ■ superseded and repealed by it. Its effects are visible in the i real and almost unexampled prosperity which prevails in ever ■ branch of business. While the repeal r. the prohibitory and i;f'strietive duties of the act of 1842. and t x substitution in tlicir place af reasonable reve- nue rates, lev;j I on articles imported according to their actual val- ue, has incrca-.od the revenue and augmented our foreign trade, all the great interests ot the country have been advanced and pro- moted. The great and important interests of agriculture, which had been not only too much neglected, but actually taxed under the protective policy for the benefit of other interests, have been re- lieved of the burdens which that policy imposed on them ; and our farmers and planters, under a more just and liberal commercial policy, are finding new and profitable markets abroad for their augmented products. Our commerce is rapidly increasing, and is extending more widely the circle of intcrnatiimal exchanges. Great as has been the increa.se of our imports during the past year, our exports of domestic products sold in foreign markets have been still "realer. Our navigating interest is eminently prosperous. The number of vessels built in the United States has been greater than durimr any preceding period of equal length. Large profits have been derived by those who have constructed, as well as by those who have navigated them. Shoulil the ratio of increase in the number of our merchant vessels be progressive, and he as u'l'cat lor the future as during the past year, the time is not distant when our tonnage and commercial marine will bq larger than that of any other nation in the world. Whilst the interests of agriculture, of eommerce, and of navisja- tion have been enlarged and invigorated, it is highly grntifyiiig~to observe that our manufactures are also in a prosperous condiriun. None of the ruinous effects upon this interest, which were appre- hended by some, as the result of the operation of I lie revenue sys- tem estaulished by the act of 184G, have been experienced. On the contrary, the number of manufactories, and the amount of cap- ital invested in them, is steadily and rajiidly increasing, affordin"' gratifying proofs that American enlerpnse uial skill employed in this branch of domestic industry, with no other advantages than those fairly and incidentally accruing from a just system of rey- enue duties, are abundantly able to meet successfully all compe- tition from abroad, and still derive fair and remunerating profits. While capital invested in manufactures is yielding adequate and fair profits under the new system, the wages of labor, whether employed in manufactures, agriculture, eommerce, or navigation, have been augmented. The toiling millions, whose daily labor furnishes the supply of food and raiment, ard all the necessaries and comforts of life, are receiving higer wages, and more steady and permanent cmiiloyment, than in any other country, or at any previous period of our own history. So successful have been all branches of our industry, that a for- ei"n war, which generally diminishes theresourcesof a nation, has in no essential degree retarded om- onward progress, or cheeked our general prosperity. With such gratifying evidences of prosperity, and of the suecess- I'lil operation of the revenue act of 1846, every consideration of public |iolicy recommends that it shall remain unchanged. It is hoped that the system of impost duties wliieh it established, may be regarded as the permanent policy of the country, and that the great interests ali'ected by it may not again be subject to be inju- riously disturbed, as they have heretofore been, by frequent and sometimes sudden changes. For the [lurposc of increasing the revenue, and without changing or modifying the rates imposed by the act of 1846, on the dutiable articles embraced by its provisions, I again recommend to your favo- rable consideration the expediency of levying a revenue duly on tea and coffee. The policy which exempted these articles from duty du- ring peace, and when the revenue to be derived from them was not needed, ceases to exist when the country is engaged in war, and requires the use of all its available resources. It is'a tax which would be so generally diffu.sed among the people, that it would be felt oppressively by none, and be complained of by none. It is be- lieved that there are not, in the list ol imported articles, any which are more properly the subject of war duties than tea and coffee. It is estimated that three millions of dollars would be derived aniuially by a moderate duty imposed on these articles. Should Congress avail itself of this additional source of revenue, not only would the amount of the public loan, rendered necessary by the war with Mexico, be diminished in extent, but the public credit, and the public confidence in the ability and detenninalion of the government to meet all its engagements promptly, would be more firmly established, and the reduced amount of the loan, which it may be necessary to negotiate, could probably be obtained at cheaper rates. Congress is, therefore, called upon to determine whether it is wiser to impose the war duties recommended, or, by omitting to do so, increase the ijublic debt annually three millions of dollars so long as loans shall be required to prosecute the war, and after- wards provide, in some other form, to pay the semi-annual interest upon it, and ultimately to extinguish the principal. If, in addition to these duties, Congress should graduate and reduce the price of such public lands as experience has proved will not conimand the price placed upon them by the government, an additioRl annual income to the treasury, of between half a million and a niillion of dollars, it is estimated, would be derived from this source. Should both measures receive the sanction of Congress, the annual ara..unt of public debt nece:sary to be contracted during the continuance ot the war, would be reduced nearly four miUiona of dollars. The duties recommended to be levied on tea and coffee, it is proposed, shall be limited in their duration to the ilose of the war, and until the public debt rendered necessary to be contracted by it, shall be discharged. The amount of the public debt to be contracted, should be limited to the lowest practicable sum, and should be ex- tinguished as early after the eoiiclusion of the war as the means of the treasury will permit. With this view, it is recommended that, as soon as the war shall be over, all the surplus in the treasury, not needed for other indispensable objects, shall constitute a sinking fund, and be applied t» the purchase of the funded debt, and that authority be conferred by law for that purpose. The act of the sixth of August, 1846, " to establish a ware- housing system," has been in operation more than a year, and has proved to be an important auxiliary to the tariff act of 1846, in augmenting the revenue and extending the commerce of the couu- ry. Whilst it has tended to enlarge commerce, it has been benefi- cial to our manufactures, by dimiuishing forced sales at auction of foreign goods at low prices, to raise the duties to be advanced on lllein, and by checking fiuctuations in the market. The system, although sanctioned by the experience of other countries, was en- tirely new in the United States, and is suseeptiblo of improvement in some of its provisions. The Secretai-y of the Treasury, upon whom WHS lievolved large discretionary powers in carrying this mciisurc into efiect, has collected and is now collecting, the prac- tical results of the system in other countries, where it has lonir lieen established, and will report at an early period of your session such farther regulations sugsestcd by the investigation iis may ren- der it still more elieetive and beneficial. By the act " to provide for the better organization of the treasu- ry, and for the collection, safe-keeping, and disbursement of the public revenue," all banks were discontinued as fiscal agents of the government, and the paper currency issued by them was no lonjjer permitted to bo received in payment of public dues, Iheconstitutioiiul treasury created by this act went into opera- lion on the first of January last. Under the system established by it, the publiu moneys have been collected, safely kept, and dis- December 7. J THE PRESIDENT'S MESSAGE. 9 bursed by the direct agency of officers of the a;overnment in gold and silver; and transfers of large amounts have been made from points of collection to points of disbursement, witliout loss to the treasury, or injury or inconvenience to the trade of the country. While the fiscal operations sf the government have been con- ducted with regularity and ease under this system, it has had a sahitary effect m cheeking and preventing an undue inflation of the paper currency issued by the banks which exist under State charters. Requiring, as it does, all dues to the government to be paid in gold and silver, its effect is to restrain excessive issues of bank paper by the banks disproportioned to the specie in their vaults, for the reason that they are at all times liable to be called on by the holders of their notes for their redemption, in order to obtain specie for the payment of duties and other public dues. The banks, therefore, must keep their business within prudent limits, and be always in a condition to meet such calls, or run the hazard ol being compelled to suspend specie payments, and be thereby discredited. The amount of specie unported into the United States during the last fiscal year, was twenty-four millions one hundred and Iwenty-one thousand two hundred and eighty-nine dol- lars; of which there was retained in the country twenty-two mil- lion two hundred and seventy-six thousand one hundred and seven- ty dollars. Had the former financial system prevailed, and the public moneys been placed on deposite in the banks, nearly the whole of tiiis amount would have gone into their vaults, not to be thrown into circulation by them, but to be withlield from the hands of the people as a currencv, and made the basis of new and enor- mous issues of bank paper. A large proportion of the specie im- ported has been paid into the treasury for public dues; and after having been to a great extent, reeoined at the mint, has beeti paid out to the public creditors and gone into circulation as a currency among the people. The amount of gold and silver coin now in circulation in the country is larger than at any farmer period. The financial system established by the constitutional treasury has been, thus far, eminently successful in its operations: and I re- commend an adherence to all its essential provisions, and especial- ly to that vital provision which wholly separates the government from all connexion with banks, and excludes bank paper from all revenue receipts. Jj\ some of its details, not involving its general principles, the system is defective, and will require modification. These defects, and such amendments as are deemed important, were set forth in the last annual report of the Secretary of the Treasury. These amendments are again recommended to the early and favorable consideration of Congress. During the past year, the coinage at the mint and its branches has exceeded twenty millions of dollars. This has consisted chie- fly in converting the coins of foreign countries into American ('oin. The largest amount of foreign coin imported has been received at New York; and if a branch mint were established at that city, all the foreign coin received at that port could at once be convert- ed into our own coin, without the expense, risk, and delay of trans- porting it to the mint for that purpose, and the amount received would he much larger. Experience has proved that foreign coin, and especially foreign gold coin, will not circulate extensively as a currency among the people. The important measure of extending our specie circular tion, both of gola and silver, and of diffusing it among the people, can only be effected by converting such foreign coin into American coin. I repeat the recommendation contained in my last annual message for the establishment of a branch of the mint of the Uni- ted States at tlie city of New York. All the public lands which had been surveyed and were ready for market have been proclaimed for sale during the last year. — ■ The quantity offered and to be offered for sale, under proclama- tions issued since the first of January last, amounts to nine million one hundred and thirty-eiglit thousand five hundred and thirty-one acres. The prosperity of the western States and Territories in which these lands lie will be advanced by their speedy sale. By withholding them from market, their growth and increase of popu- lation would be retarded, while thousands of our enterprising and meritorious frontier population would be deprived of the opportu- nity of securing freeholds for themselves and families. But in ad- dition to the general considerations which rendered the early sale of these lands proper, it was a leading object at this time to de- rive as large a sum as possible from this source, and thus diminish, by that amount, the public loan rendered necessary by the exist- ence of a foreign war. It is estimated that not less than ten millions of acres of the public lands will be surveyed and be in a condition to be proclaimed lor sale during the year 1848. In my last annual message, I presented the reasons which, in my judgment, rendered it proper to graduate and reduce the price of such of the public lands as have remained unsold for long pe- riods after they had been offered for sale at public auction. Many millions of acres of public lands lying within the limits of several of the Western States have -been offered in the market, and been subject to sale at private entry for more than twenty years, and large quantities for more than thirty years, at the low- est price prescribed by the existing laws, and it has been found that tliey will not command that price. They must remain unsold and uncultivated for an indefinite period, unless the price demand- ed for them by the government shall be reduced. No satisfactory reason is perceived why they should be longer held at rates above their real value. At tlie present period an additional reason ex- ists for adopting the measure recommended. When the country 30th Cono.— 1st Session— No. '2, is engaged in a foreign war, and we must necessarily resort to loans, it would seem to be the dictate of wisdom that we should avail ourselves of all our resources, and thus limit the amount of the pubhc indebtedness to the lowest possible sum. I recommend that the existinc laws on the subject of pre-emp- tion rights be amended and modified so as to operate prospectively, and to embrace all who may settle upon the public lands and maKe improvements upon them before they are surveyed, as well as af- terwards; in all cases where such settlements may be made aflej- the Indian title shall have been extinguished. If the right of pre-emption be thus extended, it will embrace a large and meritorious class of our citizens. It will increase the number of freeholders upon our borders, who will be enabled there- by to educate their children and otherwise improve their coniition. while they will be found at all times, as they have ever proved themselves to be, in the hour of danger to their country, among our hardiest and best volunteer soldiers, ever ready to tender their services in cases of emergency, and among the last to leave the field as long as an enemy remains to be encountered. Such a pol- icy will also impress these patriotie pioneer emigrants witli deep- er feelings of gratitude for the parental care of their government, when they find their dearest interests secured to them by the per- manent laws of the land, and that they arc no longer in danger of losing their homes and hard-earned improvements by bein^ brought into competition with a more wealthy class of purchasers at tlie land sales. The attention of Conijress was invited, at their last and prece- ding sessions, to the importance of establishing a Territorial gov- ernment over our possessions in Oregon; and it is to be regretted that there was no legislation on the subject. Our citizens who inhabit that distant region of country are still left without the pro- tection of our laws, or any regularly organized government. Be- fore the question of limits and boundaries of the territory of Ore- iion was definitely settled, from the necessity of their condition, the inhabitants had established a temporary government of their own. Besides the want of legal authority for continuing such a o-overnment, it is wholly inadequate to protect them in their rights of person and property, or to secure to them the enjoyment of the privileges of other citizens, to which they are entitled under the Constitution of the United States. They should have the right of suft'rai'e, be represented in a Territorial iegishiture, and by a dele- gate in Congress; and possess all the rights and privileges which citizens of oiher portions of the Territories of the United States have heretofore enjoyed, or may now enjoy. Our judicial system, revenue laws, laws regulating trade and intercourse with the Indian tribes, and the protection of our laws generally, should be extended over them. In addition to the inhabitants in that territory who had previous- ly emigrated to it, large numbers of our citizens have followed them duriuff the present year; and it is not doubted that during the next and subsequent years their numbers will be greatly in- creased . Congress, at its last session, established post routes leading to Oregon, and between different points within that territory, and authorized the establishment of post offices at ''Astoria and such other places on the coasts of the Pacific, within the territory of the United States, as the public interests may require.'' Post offices have accordingly been established, deputy postmasters appointed, and provision made lor the transportation of the mails. The preservation of peace with the Indian tribes residing west of the Uocky mountains will render it proper that authority should be given by law for the appointment of an adequate number of In- dian agents to reside among them. I recommend that a surveyor general's office be established in that territory, and that the public lands be surveyed and brought into market at an early period. I redommend, also, that grants, upon liberal terms, of limited qualities of the public lands be made to all citizens of the United States who have emigrated, or may hereafter within a prescribed period emigrate, to Oregon, and settle uponthem. These hardv and adventurous citizens, who have encountered the dangers and privations of a long and toilsome journey, and have at lensth found an abiding-place for themselves and their families upon the utmost verge of our western limits, should be secured in the homes which they have improved by their labor. I refer you to the accompanying report of the Secretary of W tr for a detailed account of the operations of the various branches of the public service connected with the department under his charge. The duties devolving on this department have been unusually oner- ous and responsible during the past year, and have been discharged with ability and success. Pacific relations continue to exist with the various Indian tribes, and most of them manifest a strong friendship for the United States. Some depredations were committed during the past year upon our trains transporting supplies for the army, on the road between the western border of Missouri and Santa Fe. These depredations, which are supposed to have been committed by bands from the re- gion of New Mexico, have been arrested by the presence of a mili- tary force, ordered out for that purpose. Some outrages have been perpetrated by a portion of the northwestern bands upo.i the weaker and comparatively defenceless neighboring tribes. Prompt measures were taken to prevent such occurrences in future. Between one or two thousand Indians, belonging to several tribes, have been removed during the past year, from the east ol the Mississippi to the country allotted tti them west ot that river, 10 THE PRESIDENT'S MESSAGE. [Tuesday, s their permanent home; and arrangements have been made for Others to follow. Since the treaty of 1846, with the Cherokoes, the feuds amonir them ai>pear to liave subsided, and the); have become more united and contented than they have been for many years past. The commissioners, appointed in pursuance of the act_ of June 27th, 1846, to settle claims arisinjr under the treaty of I835--'36 with that tribe, have executed their duties; and after patient investifiation, .'ind a full and fair examinatioji of all the cases bronclit before them, closed their labors in the month of July last. Tins is the fourth board of connnissioncrs which has been oruanized under this treaty. Ample opportunity has been atfordecl to all those inter- ested to bring forward their'claims. No doubt is entertained thai impartial justice has been done by the late board, and that all valid claims embraced by the treaty have been considered anil allowed. This result, and the linal settlement lo be made with this tribe, under the trealv of lf Mexico, and in the Pacilic, the ollicers and m.)ii of our squadrons have displayed distinguished gallantry, and p<'r- formed valuable services. In the early stages of thci war with Mex- co, her ports on both coasts were blockaded, and more recently manv of them have been caplured and held by the navy. When acting in cooperation with the land forces, the naval olfii-ers and men iiave performed gallant and distiuiiuished services on land as well as on waler, and deserve tlie high commendation of the country. While other maritime powers are adding tn of the first and most illustrious of my predecessors, in his farewell address to his countrymen. Tliat greatest and best of men, who served his country so long, and loved it so much, foresaw, with "serious concern," the danger to our Union "of characterizing parties by geographical discrimi- nations — northern and southern, Jltlantlc and western — whence designing men may endeavor to excite a belief that there is a real dili'crencc of local interests and views,"' and warned his countrymen against it. So deep and solemn was his conviction of the importance of the Union, and of iireserving harmony between its different parts, that be declared to his countrymen in that address, "it is of infinite moment that you should properly estimate the immense value of your national Union to your collective and individual happiness; that you should cherish a cordial, habitual, and immoveable attach- ment to it; accustoming yourselves to think and to speak of it as a palladium of your political safety and prosperity; watching for its l)reservation with jealous anxiety; discountenancing whatever may suggest even a suspicion that il lan in .any event be abandoned; and indignantly frowning upon the first dawning of every attempt to alicnati^ any )iortioii of our country from the rest, or to enfeebto iho sacred lies which now liidc together the various parts." Alter the lapse of half a century, these admonitions of Washing- ton fall upon us with all the force of truth. It is difficult to esti- December 7.] THE PRESIDENT'S MESSAGE. 11 mate the "immense value'' of our glorious Union of confederated States, to which wo are so much indebted for our growth in popu- lation and wealth, and for all that constitutes us a great and hap- py nation. How unimportant are all our dilTercnces of opinion upon minor questions ot pi4>lic policy, compared with its preserva- tion; and how scrupulously should we avoid all agitating topics which may tend to distract and divide us into contending parties, separated .by geographical lines, whereby it may be weakened or endangered. Invoking the bles.^ing of the Almighty Ruler of the Universe upon your deliberations, it will bo my lughost dut}^, no less than my sincere pleasure, to co-operate with you in all measures which may tend to promote the honor and enduring welfare of our com- mon country. JAMES K. POLK. Washington, December 7, 1847. After the reading of the message had been proceeded with for some time, Mr. SEVIER remarked that the message was a long one, and (hat Senators already had it upon their desks. He therefore mo- ved that its further reading be dispensed with ; which was agreed to. PRINTING OF THE MES.;.\GE. On motion by Mr. BREESE, Ordered, That fi\-e thousand copies of the Message and two thousand copies of the message and accompanying documents, in addition to the usual number, be printed for the use of the Senate. Mr. ALLEN suggested that a still larger number should be printed. The message of the present session, he said, was one of unusual interest to this country; it was extremely long, too lon'» to be insert(;d in all the newspaners of the country ; and for these reasons he would move, in order that it might receive a large cir- culation, that twenty thousand additional copies of the messa"-ebo printed. Mr. CRITTEXDEN inquired how many copies of the docu- ments accouipanying the message, it was proposed to print? Being infjjrmed that it was two thousand copies of the message and documents and twenty-five thousand copies of the message alone. Mr. Crittenden acquiesced, and the motion of Mr. Allen was agreed to. On motion. The Senate adjourned. 12 FRINTLNG OF THE MESSAGE. [Wedkesday, AVEDNESDAY, DECEMBER 9, 1847 The Hon. John M. Clayton, of the State of Dolawaie,. and tho Hon. JoH.N- Davis, of tho State of Massachusetts, appeared in their seats to-day . CREDENTIALS OF SENATORS. Mr. DAVIS, of Massachusetts, whose credentials as a Senator of tho United States, from the State of Massaelmsetts, for the terni of six years from and after the 4th of March, 1847, were in-esontcd at the last session, after having talien the oath of office, which was administered to him at tlic hands of the Vice Pbesibent, took his ^eat. THE PUBLIC printers. The VICE PRESIDENT l.iid before the Senate the lollowiiig letter, which was read : Wasiiinuton, DecenibtT 7, 1847. Thp Ho.v. O. M. l).M.l.»s. Presiileiit of tlic L'nilril Suites Sen,ite : Sr Hoidini: llii- n-laliou of rrinler. 10 llu- lioilv over wliidi you ]>resiil.-, liniiir a .■oiitract made m conlormitv «ilh an act of Consre**, it may liavo been oxprrtod that wc jhoulil have been preiiarcd to place o.i Ike desks of Senaton>, printed copies of the I'iMiJcnt's annual message at llie lime it was read by your Secretary, i Ins lins hern tlie piaeticeof onr predecessors ; and a fallnrc on our part to be equally prompt in.i> . without e.\pIanalion, operate injuriously against as. We cannot hut be sensitively alive to any impiuation on our trusl-worlhiiipss, even by implication : and not leis jealous of our repulalion as printers, which may he artee- led by the fact, that Senators were iiidehleil to a daily newspaper for eojnes ol the mes sa"e whiuh the utiicial [irinlers hae failed or ni-slccted lo furnish. \\ e. therefore, di-en'i it due to ourselves, and due to the Seu.ate. whose printing we haye.ontraded lo e.\ecire, that we should state tile cause of this unparalleled omission of a ronjtression ai printer, and thereon rest our appeal tor the indulgenee of the Senate, for tlie delay in furnishing' the documeiiLs iii (piestion, in the ordmary form. That cause w.xs simply the t«fu.sal of the President of tlie [.Suited States to furnish us \yilh a copy, aecordin;,' to well established usnije, in advance of its delivery to the two houses of Congress, \Vc trust that this fact may be our sutTicient apology to the Senate of the 1,'niletl ytatcs, to wliicli we respcetfiilly a.sk you to eommunieale it. With senlimcnlsof great respect, we are, sir, your obedient servants, VVendkll &: Van He.stiuvskn. rEPORT EROM STATE DEPARTMENT'. The VICE PRESIDENT laid before the Senate a report of the Secretary of State, made agreeably to law, accompanied by statements, showing the appropriaiions and disbursements for the service ot the department for the year ending June 30, 1847; v.-hich was read . FROM STATE LEGISLATURES. The VICE PRESIDENT presented a memorial of the Legis- lature of the Territory of Oregon, praying that the settlers in that territory may be conlirmed in their titles to the hinds occu- pied bv them; and the adoption of measures for the promotion of education ; and for facilitating the navigation of the Columbia river. Ordered, That it lie on the table and lie printed. Mr. DIX presented a preamble and resolutions passed by the Legislature of tho State of New York, rerpicsting the Senators and Representatives of that State in Congress, to vote fur the passage of a law grantinLT public land for the construction of a railroad from Lake Michigan to the Pacific, according to the plan proposed by Asa Whitney, a citizen of New York. Ordered, That they lie on the tabic and be printed. Mr. DICKINSON presented resolutions passed by the Legisla- loro of the Slate of New York, instructing tho Senators and re- questing the Representatives of that Sate in Congress, to use their best edbrts to procure a repeal of certain provisions of the laws regulating the franking privilege and tho postage on letters and newspapers. Mr. DICKINSON then said : Serious exception has been taken 111 the clause of the postage law charging postage upon news- papers within tliirly miles of the place where they are printed. — That clause has been, it seems, received with great disapprobation hy the public; and in moving to refer these resolutions, as I shall, lo the Post Ofllee Committee, when appointed, I shall think it proper lo call the attention of the Senate especially to this sub- icct. I move at present thai these resolutions lie upon the table. Ordered, That they lie on the tabic and be printed. PETITIONS. Mr, DIX presented tho memorial of Sarah Ann Hart, widow of B. F. Hart, late n purser in the Navy, praying a pension. Ordered, That it lie ou the table. Mr. DIX presented a memorial of Sarah Ann Harl, widow, and Monmouth B. Hart, Joel Kclley and AVilliam Close, sureties of Benjamin F. Hart, deceased, late a purser in the Navy, praying that a balance standing against him on the books of the Treasury, for certain stores which were lost by the wrecking of a Uiiilod States vessel, may be cancelled. Ordered, That it lie on the table. « Mr. DIX presented the memorial of Francis 0. Dorr, and An- drew C. Dorr, in behalf of their brother Gustavus Dorr, lalB a captain in the army, who, they allege, was unjustly dismissed from the service for acts done while in a state of mental derange- meit, caused bv an injury received while on duty, praying that he may be allowed a pension'. Ordered, That it lie on the table. Mr. DIX presented the petition of Phebe Wood and Sylvia Ann ' Wood, children of Jetl ro Wood, deceased, praying an extension of the patent crantod to their father for an improvement in the con- struction of the plough. Ordered. That it lie on the table. APPOINTMENT OF COMMITTEES. Mr. ATHERTON submitted the following resolution, which was considered by unanimous consent, and agreed to : Hcsnfvcfl. That on iMonday ne-vl, al one o'clock, the Senate will proceed to the ap- pointment of standing commiltees, in aeeord,ance with the rules. PRINTING OF THE MESSAGE. Mr. ALLEN submitted the following resolution, which was considered by unanimous consent: Wc.so/cerf, That additional copies of the doenmenu accompanying the <*resi- dent's annual message be printed for the use of the Senate. Mr. ALLEN. — The number is left blank because, upon con- versing with a number of gentlemen of this body, I found they were all agreed as to the necessity for printing an additional num- ber, but they disagreed as to the number that was thought to be adequate. I believe it will be gei^erally conceded that there ought to be, of some of these documents, a very large additional number printed, and it has been suggested by some of the intelligent and experienced members of the Senate, that it would be well; proba- bly, to print a very large inimber of the report from the War De- partment, and omit the printing of the others, because the events of the war with Mexico are of the highest degree of importance — as interesting not only the public feelings of the country, but inter- esting in a high degree the private feelings of so many families. I think, sir, that there are circumstances connected with the whole action of this government which make the reports from all the de- partments peculiarly interesting this year. For instance, the same reason which gives extraordinary importance at this time to the report from the War Department, give almost equal importance to the report of the Secretary of the Navy; so, too, as regards the report from the Treasury Department. The operation of the new system of finance which the country has recently adopted, gives a transcendent importance to that report in connexion withthe re- port proceeding from that department of the Executive govern- ment. So, too, of the report from the Post Office Department. — That report will disclose the results which experience has elicited ,'is to the efficacy and the policy of the new system of postage. The same reason Ino which gives importance to the reports of The Secretary of War and the Secretary of the Navy, gives equal im- portance to the rejiort from the State Department, as beino the political feature of this war. It is perfectly manifest, therefore, that the reports from all the departments, owing to the peculiar circumstances of the country and the peculiar developements of tht recently adopted policy of "the government, are of transcendent importance to the country. For these reasons. I have left the number blank, in order that any gentleman may suirgest a number with which it shall be tilled, which may meet liie general approba- tion of the Seriate. I ask the action of the Senate, at this time upon the resoliition. Mr. CAMERON.— I move to (ill the blank with 10,000, which will be about 2(10 for each member of the Senate ; and I am in- dueed to do this because bv the recent act in regard to printing the additional number will add very little to the cost. After tho types have once been set. very little cost attends the printing.— Besides, the message will be published in all tho mnvspapers, and the public will have an opportunity to read it, hut I ho docu- ments beincr so laru'c will not obtain equal publicity unless distrib- uted by order of the Senate. Mr. NILES,— I do not rise to oppose this motion, sir. 1 think It is a very important one. If my honorable friend from Ohio will December 9.] NOTICES OF BILLS. 13 move to reconsider the motion made ycf^terday, to order the print- injr of 20,000 copies of the messa£;e without the documents, and 5,000 with, making 25,000 in all, I might be inclined to sustain that motion. Wo ave certainly beginning in a pretty liberal spirit in regard to the printing expenses of this body. Andf I wish to say a word at this time to my worthy friend from Pennsylvania, who, somehow, stuck an additional daily paper upon i.s. Now, three are more tlian I can tind time to read ; and, it a very distinguished gentleman from Georgia some years ago, had been here when that motion was made, we should probably have had a very serious de- bate before what that gentleman would have denominated a gross abuse, and in fact a violation, of what he thought, of the constitution of the United States, would have received the sanction of this body. However, that is a small maifcr. I adiuit, witii the honorable Senator from Ohio, that, in the present interesting condition of the public affairs, the documents which are laid before us, are perhaps of something more than ordinary importance; and I would there- fore be prepared, sir, to increase the number that we may be dis- posed to publish of those documents. But in regard to the mes- sage standing alone, I consider it altogether idle: for I hardly think I should undertake the drudgery of sending off the number that would fall to my share, particularly after the circulation of the newspapers containing it. Therefore, I see no necessity for increasing the number of copies of the message by itself. If the honorable Senator will make the motion that 1 have suggested, I would prefer it to the one which he has now made. Mr. ALLEN. — I will say that as to the form in which the mo- tion is put I have no particular solicitude, but if the rcet>nsidera- tion of the vote which was jiassed yesterday, to print 20,000 copies, should result in a modification so as to print 10,000 only, and the motion as proposed to be amended liy the Senator from Pennsyl- vania, should pass to print no more than 15,000 copies of the mes- sage and 10,000 of the documents, I should have no objection ; but if the object be barely to diminish the number of the copies of the message, without increasing the number of the documents, why then, I shall be inclined to oppose it. Mr. NILES. — I think the number proposed is too large. Fif- teen thousand of the message alone, and an additional 10,000 with the documents, are too many. We are advancinn; pretty rapidly ; we are making too much progress. I am the friend of progress, but I do not want to get along too fast. I propose the printing oi" ."'.000 copies, which will be ample. Mr. WESTCOTT.— I would inquire how many 5,000 will give to each Senator ? Not more, I believe, than about forty-eight co- pies. The reports from the officers of the army to the Secretary at War are very much sought for by the public ; I have received applications for copies of these documents. Persons haying rela- tions in Mexico would like to possess these documents in a suitable form for preservation, instead of the perishable newspaper. I hope the honorable Senator will withdraw his amendment, and that the original motion will be so modified as to reduce the nnm- ber of the messages and increase the number of the reports. ]f the copies of the message ordered yesterday had been furnished, I should have been in favor of using the whole number ; but we will not receive them until to-morrow probaly, and in the meantime, the message ^vill be diffused throuirhout the whole country. I do not want to send off a single message unaccompanied by the docu- ments. I am in favor of printing the largest number which has been suggested. It will not be too great for the wants of the country. Mr. MANGUM asked for the reading of the resolution; and on its being again read, he said : I would inrpiire what are the docu- ments accompanying the message ? From what Departments are the reports ? Mr. ALLEN. — From all the departments, except the Treasu- ry ; from the War, the Navy, the State, and the Post Office de- partments. The question being put on filling the blank with 10,000, it was, upon a division, decided in the affirmative — ayes 32, noes not counted. The resolution, as amended, was then adopted. JOHN PAUL JONES. Agreeably to notice given yesterday, Mr. HANNEGAN asked and obtained leave to bring in a bill for the relief of the heirs of John Paul Jones ; which was read a first and second time hy unan- imous consent, and considered in Committee of the Whole. Mr. HANNEGAN.— It is, I know, a rather unusual proposi- tion. But I trust the extraordinary circumslanccs which occurred in relation to this bdl, at the close of the last session, will induce the Senate to suspend the rules and aivc it a third readinu- now. The b-ll is now in Committee of the Whole ; and without "detain- ing the Senate more than a very few moments, I will simply state that it is the identical bill which passed both houses last session, without a division ; at all events, without a division in the Senate, for it passed this body by a unanimous vote. I believe that the ac- tion of the other House was equally unanimous. It passed the Senate on the last night of the session. On the way from the desk of the Secretary to tjic room of the Vice President, where the Pre- sident was appending his signature to bills, it was lost in the lob- by, and was not recovered till after the adjournment of Congress when, of course, it could not be signed by the President, 'since that event, the unfortunate and accomplished gentleman then in charge of the bill, and who was no doubt well-remembered by members of the Senate, had died. He had left a widow and child- and I trust there is no indelicacy in remarking that prompt action on this bill is of essential importance to them. No amendment being made, the bill was reported to the Senate. Ordered. That it be engrossed and read a third time by unani- mous consent. Ursiih-cil. Tli:il tlie IjiII pn-s. .Illil tli.ll tlie lill.' tlipreol" be ".\n »rt lor llir relirl of tlip lieirs of John P-tnl Jones^'' Ordered, That the Secretary request the concurrence of the House of Representatives on this bill. RECONSIDEBATION. On motion by Mr. iN'iles, the vote of yesterday ordering tweniv thousand copies of the message, without the documents, to be printed for the use of the Senate, was reconsidered, and The said motion having been amended by striking out "twenty" and inserting "'ten," was agreed to, as follows : Ordered, That ten thousand copies of the message, without the documents, be printed for the use of the Senate. NOTICES OF BILLS. Mr. DIX gave notice that on to-morrow, or at some early day, he would ask leave of the Senate to introduce the following bills ; A bill to establish a branch of the Mint of the United States in the city of New York. A bill for the relief of Mangle M. Quackenboss. Mr. BREESE gave notice that on to-morrow, or at some early day, he would ask leave of the Senate to introduce the following bills : A bill to reduce and graduate the price of the public lands. A bill to grant to the State of Illinois the right'of way through the public lands, and for other purposes. A bill for the relief of Joseph Wilson. A bill to authorize persons to whom reservations have been made under certain Indian treaties, to alienate the same in fee. Mr. DICKINSON gave notice that he would, on to-morrow, or at some early day, ask leave of the Senate to introduce the follow- ing bill : A bill to amend the act in relation to seamen naviiiating waters in vessels of the United States. &c. Mr GREENE gave notice that on to-morrow, or at some early day, he would ask leave of the Senate to introduce the following bill : A bill for the relief of Robert Purkis. Mr. ASHLEY gave notice that on to.morrow, or at sonic early day, he would ask leave of the Senate to introduce the following bills : A bill to establish a general pre-emption system. A bill to divide the Judicial District of Arkansas into two Judi- I'ial Districts. WITHDR.VWAI. OF PAPERS. Mr. HUNTER asked and obtained leave to withdraw from the files of the Senate the papers relating to the claim of the heirs of John B. Grayson, deceased. Mr. BREESE asked and obtained leave to withdraw IVom the files of the Senate the papers in the ease of Nehemiah Brush. Mr. SEVIER asked and obtained leave to withdraw from the files of the Senate the memorial of the Legislature of Arkansas, upon the subject of the removal of the rSft of Red river, for the purpose of having it referred to the Committee on Commerce. On motion. The Senate adjowrned. 14 THE LATE SENATOR HUNTINGTON. [Thtjksday, THURSDAY, DECEMBER 10, 1847 REPOJirS FROM THE DEPARTMENTS. The VICE PRKSIDENT laid before the Senate a eomiiiuniea- tion from the Treasury Department, made agreeably to law, ac- companied by copies of the Treasurer's accounts with the United States,-for the 3d and 4tli quarters of 1846. and 1st and 2d quar- ters of 1847, as adjusted by the aeeoimtingollicers of the Treasury. The VICE PRESIDENT also laid before the Senate a commu- nication from the Second Auditor of the Treasury, made agreeably to law, transmitting copies of such accounts as liave been render- ed bv persons charged or entrusted \\ith the disbursement or ap- plication of moneys, goods or cflects for the benelit of the Indians, from the 1st October, 1845, to the 30ih Septendier, 1846, inclusive, together with a statement containing a list of the names of all persons to whom goods, moneys or ofTccts ha\-e been delivered, within the same period, specifying the amount and object for which they were intended, the amount accounted for. and the balance (under each specific head) slill remaining in their liamls. PETITIONS. Mr. BREESE presented the petition of Dorothy Payne, widow of Adams Payne, deceased, a soldier in the last war with Great Britain, praying that she may be allowed a pension. Ordered, That it lie on tlie fable. Mr.- DOUGLAS presented the petition of David B. Sears, of Illinois praying the right of pre-eni]ition to a certain tract of land. Ordered, That it lie on the tabic. l.E(;Isr..\TlVE RESOLUTIOXS. Mr. CL.\RKE presented resolutions of the Stale of Rhode N. land and Providence Plantation,s in favor of a rail road from Lake Michigan to the Pacific coast, and the appropriation of public lands on the route for the purpose of eUccting that object. Ordered, That the resolutions be printed. WITHBRAW.M, OF PAPERS. Mr. HALE asked and obtained leave to withdraw from the files ol the Senate the petition and papers of William Fuller -ind Or- lando Saltmarsh. ,, ^/,- STURGEON asked and obt:ained leave to Vithdraw from the files ol the Senate the memorial of Titian R. Peale, and aeeom- panymg documents. ' ni-^ll' «'^r"- .?''■'■'' •''•"' ^■'"'''',»--'' l^'«^'' <" ^vithdraw from the files ol the Sena e the petition and papers of Abel Gav and Walter Loorais, with a view of having them referred to the Committee o, the Post Oilicc and Post Roads. '-ommittee on .VOTICES OK BII.I.S. Mr. NILES gave notice that he should, at an early day, ask Rhode" "'""^ '" introduce a bill for the relief of Thomas Mr. DICKINSON gave notice that he .should, at an early day WrTws " to introduce a bill for the relief of Asri ROUTE TO CALIFORNIA. Mr PEARCE submitted the following resolution wliicl, wa« eonsidercd by unanimous consent, and agreed to : lle.iulceJ. That Ilic Secrctafvnr Wnt !«> illmi,.,! i , lot<0., Dk-Bc i„ (.-aliloouu. by Lieu c in VVm ,m I '■'•""•■'"';"l '■ "> Missouri, Knpnocr,, with ll„. n.a,, of an.I Gih. diVDHlmir from ih.- track oC General Krarnv ° ' ""'"" '° ' '■'''<''""<». "ft" ADJOVRNING OVER. On motion, it was Ordered, That when t\o Senate adjourn, it he to Monday next. TIIF. l.ATE SENATOR irUNTINGTON. Mr. MLES rose and addressed the Senate as follows: Mr. President: It is a painful duty devolved upon mo to an- nounce to the Senate that, during its vacation, one of its members has been removed by death. The Hon. Jabez W. Huntington, a Senator from Connecti- cut, died at his residence in Norwich, in that State, on the second day of November last. His sickness was short, but severe, which he bore with the Christian fortitude becoming a strong mind, and died with calmness and resignation and an abiding hope of a hap- py immortalily. Of-the public services and private character of my late col- league, I deem it necessary to say but a few words on this occa- sion. Those who knew him best, and were enabled most justly to appreciate his abilities and manly yirtues, will take care that jus- tiee be done to his memory. With the advantages of' a regular classical education, Mr. Hun- tington prepared himself for the legal profession, which he entered upon with a high jiromise of success, which his talents and Indus- try soon realized. At an early age he attained a reputation and standing iit the bar. which commanded the respect of his profes- ' sional brethren, ami the confidence of the public. In connexion with his professional business, he was for several years associated with the late Judge Gould in a law school, where his lectures evinced the extent and accuracy of his legal aequirc- ment-s. ~ From this field of labors he was removed, ui 1828, to take a part 111 the jinblie councils of his State and eounti-y— first as a member of the State legi.slature, tlien as a representative in the twenty-first Congress of the United States, followed by a re-elec- tion to the twenty-second, and again to the twenty-thiril Congress. During his five years' service in the House of Representatives, he was distinguished lor Ins industry and for his zealous and laborious ' devotion to public duties. In May, 1834, whilst one year of his congressional term remained, he was called to a seat on the bench of the supreme court of judicature of the State; the arduous and responsible duties of wliii-h he discharged for the six years with laitlifnlness and ability, and to the general accejftanee of the pub- lic. From this exalted station, in 1840, he was transferred to the Senate of the United States, to fill an unexpired term of four years, and was subsequently re-elected for six years from the 4th of March, 1845. Of his services in this body— his remarkable industry— his habits ol research and investigation— his zealous and laborious devotion to public business — it is not necessary for me to speak, as those of you who were associated with him in these high duties can bear testimony to his labors, his researches and his ability. If he t-ometimes displayed the ardor of the partisan, all, I think, will accord to him the merit of frankness, sincerity, and honesty in his opinions and purposes. If zealous as a politician, he was a sincere friend to his country, and ardently sought to advance what he believed to be its highest interests, its most enduring fame. Both ill his public career and in his irreproachable character in the w.ilks of private life, it is sulTieient to say that he well sus- tained the honor of the name he bore, distinguished as it has been in the public history of his native State. In concluding these remarks. I hope to be excused for alluding to the unexampled bereavements which the Senate has sustained the past year in the death of four of its members, all in the prime of life, all endeared to their associates, and all sustaining a high and honorable standing here and before the country. May the'se dispensations of providence admonish us that public honors and cxolteil station do not add the least strength to the tenure by \yhich we hold our lives. May they remind us all that the exci- ting scenes which surround us, and the deep interest in questions which come before us, may concern us individually but for a day or an hour; and, by moderating the intemperance of partisan zeal, may they dispose the minds of all, at this interesting crisis of our public affairs, to act with moderation and justice, and with a sin- gle view to the best and highest interests of oiu- common country. Mr. NILES concluded by oHering the following resolutions: Rrsoli-ed. mwnimousty. That the Senate. Irom a sincere ilesire of showing even- mark of res|K-ct due to llie memory a( llie Hon. Jahez W. Huntington, late a memtxjr ihereol. will go Into monrninj, by wearing erape on the left arm for Uiirtv liayii. Rrsolved. viianimoiislij. That as an adtlilional mark of respect for tlie memorvof the Hon. iMr. Ilnntington, the Senate do now adjourn. The resolutions haying been adobted. The Sonat* adjourned. Deckmbf.r 13.] ELECTION OF OEFICERS. 15 MONDAY, DECEMBER 13, 1847. The Hon. John Belj,, of the State of Tcnnesse; the Hon. Thomas H. Benton, of the State of Missouri; and the Hon. David h. YuLEE.of the State of Florida, appeared in the Senate to-day. CREDENTIALS. Mr. TURNEY presented the credenlials of tlie Hon. John- Bell, elected a Senator of the United States from the State of Tennessee, for the terra of six years, from and after the 4th day ol March, 1847; which were read. Mr. BELL, having taken the oath of office, which was adminis- tered to him at the hands of the Vice President, took his seat. REPORTS FROM DEP.4RTMENTS. The VICE PRESIDENT laid before the Senate the annual report of the Secretary of the Treasury, on the state of finances; which was read. Mr. ATHERTON moved that the reports be printed, and tliat 5,000 extra copies be printed. Mr. BREESE moved to amend the motion of Mr. Atherton. by increasing the number of extra copies to 20,000. He said it was a very important document, and ought to be extensively cir- eiilated. The question being first put upon the larger numlier, it was, upon a division, agreed to. Yeas, Nays, 2.1 17 Majority for the motion, - - - 6 Thereupon, it was Ordered, That the report be printed; and that 20,000 copies, in addition to the usual number, be printed for the use of the .Senate. The VICE PRESIDENT also laid before the Senate a coramu- nication from the Secretary of the Treasury, transmitting the Re- port of the Commissioner of the General Land Office, exhibiting the operations in that branch of the public service during the fiscal year ending June 30th, 1847; which was read. On motion of Mr. RREESE, it was Ordered, That it lie on the table and be printed . The VICE PRESIDENT also laid before the Senate a commu- nication from the Secretary of the Treasury, transmitting, in com- pliance with the 22d section of the act of 28th January, 1847, a statement showing the amount of Treasury Notes issued under its provisions, the amount of such Notes redeemed, and the manner in which redeemed ; none having been purchased or re-issued under said act; which was read and ordered to be printed. The VICE PRESIDENT also laid before the Senate a com- munication from the Secretary of War, transmitting, in compliance with a resolution of the Senate of the 15th of January last, a Re- port of the Colonel of the corps of Topographical Engineers, com- municating information upon the several subjects designated therein, as connected with the commerce of the Western Lakes and Rivers; wliich was read. On motion by Mr. SEVIER, it was Ordered, That the report be printed, together with five liini- dred extra copies for the use of the Topographical Bereaii. PETITIONS. Mr. CAMERON presented the memorial of Bernard Henrv, late United Stales naval store-keeper at Gibralter, praying the payment of a balance due him from the government. Ordered, That it lie on the table. Mr. RUSK presented the memorial of George Hervey, in be- half of the owners and consignees of the English merchant ship, James Mitchell, praying the payment of a sum of money due them under an act of Congress, and retained in the Treasury of the United States. Ordered, That it He on the table. Mr. JOHNSON, of Louisiana, asked, and obtained leave, to withdraw from the files of the Senate the petition and papers of Margaret Carmick, widow of Daniel Carmick, deceased. Mr. MASON asked, and obtained leave, to withdraw from the files of the Senate the petition and pa pers of William B. Slaughter. Mr. CASS asked, and obtained leave, to withdraw from the files of the Senate the petition and papers of HeniT R- Scliool- erafi. Mr. RUSK asked, and obtained leave, to withdraw from the files of the Senate the petition and papers of Bryan Callaghan. Also, the petition and papers of E. P. Calkin, &. Co. Mr. BREESE asked, and obtained leave, to withdraw from the files of the Senate the petition and papers of the heirs of James Rumsey, deceased. RESOLUTIO.VS ok the state of MAINE. Mr. BRADBURY presented tlie resolutions of the Legislature of Maine in favor of a 'railroad from Lake Michigan to the Pacific coast, upon 'he plan of Asa Whitney, Esq. of New York ; and re- questing the Senators and Representatives Irom that State in Consiress by their votes and acts to promote said obiect ; which were ordered to be printed. incre.^se in co.m.mittees. Mr. SEVIER submitted the following resolution, which was considered by unanimous consent and agreed to ; Resolved. Tliat during tlie present session tlie Commillee on Military .IfTair^ of the Senate eousist of seven members. « Mr. MANGUM submitted the following resolution, which was considered by unanimous consent and agreed to ; Resolved. That during the present session the Committee on Naval .Affairs of the Senate consist of seuen members. THE RIVER SABINE. Mr. JOHNSON, of La., submitted the following resolution for consideration : Resolved, That the i.'ommiltce on Commerce be instructed to inquire into the e\fe diencv of making an appropriation to remove obstructions to the navigation of the n- vcr Sabine, and th.at the Resolotion of the Legislature of Louisiana, the repon and papers on tile in relation thereto, W referred to the said Committee. ELF.CTI0N OF OFFICERS. On motion hv Mr. SEVIER the Senate proceeded to the elec tion of a Secretary, pursuant to the 49th rule. On counting the ballots it appeared that 4S votes had been given, of which Mr. Asbury Dickens received 46 ; Mr. B. B. French, 1 ; and one blank. Mr. Dickens having been declared duly elected attended ; and the oaths prescribed by law were administered to him by the Vice Pkeident. The Senate proceeded to the election of a Sergeant-at-Arms and door keeper, pursuant to the 49th rule. On counting the ballots it appeared that 49 votes had been ••■iven, of which Mr. Robert Beale received 37 ; Mr. Nuttall ff ; Mr. Cranston Lowry 1 ; Mr. C. S. Whitney 2; Mr. J. B. Macy 1 ; and two blanks. ' Mr. Beale, having been declared duly elected, attended ; and the oaths prescribed by law were administered to him by the Vice President. The Senate proceeded to the election of an assistant door-keeper, pursuant to the 49th ride. On counting the ballots it appeared that 50 votes had been given, of which Mr. Isaac Holland received 49: and there was one blank. Mr. Holland having been declared duly elected, attended; and the oaths prescribed by law were administered to him by the Vice President. message from the house. The following message from the House of Representatives, was received by Mr. Campbell, their Clerk: Mr. President. — The House of Representatives have passed a joint resolution for tlie appointment of a joint committee of three members of each House, to direct and super intend the expenditure of all moneys appropriated for the purchase of books for the Lr hrary of Congress, and all such other matters pertaining to tlie said Library not other- wise provided for by law, in which I am directed to request the concurrence of the Senate. Mr. John amNcY Adamsi, Mr. Preston and Mr. Morpiiv have been appointed the said committee on the part of the Honse. The House of Representatives has also passed a joint resolution that two Chaplains to Congress of different denominations be elected, one by each House, to officiate during the present session, and that they shall interchange weekly; in which I am directed to request the convttrrence of the Senate. 16 STANDING COMMITTEES. [Monday, ELECTIO.V OF CHAPLAIN. On motion by Mr. SEVIER, the Senate proceeded to consider the resohition from the House of Representatives for the election of the two Chaplains of different denominations, one by each Honse, to officiate durin;; the present session, who shall interchange weekly. The question being upon agreeing to said resolution, it was Rt.*otrtd, Tli.-it the Senate concur therein. Mr. ATCHISON moved to proceed to the election of Chaplain. Mr. WESTCOTT inquired whether it would not be proper first to inform the House of the concurrence of the Senate in the joint resolution for the election of Chaplains. He did not mean to object to the election taking place promptly. Mr. SEVIER renewed th5 motion of Mr. Atchison, and The Senate proceeded to ihc election of a Chaplain on their part. On countinjz the ballots it appeared that -lli votes had been given, of which the Rev. Henry Slicer received 31; Rev. Mr. Gurley, 7; Rev. David Smith, 7; Rev. Mr. Matthews, 1. The Rev. Mr. Slicer was declared duly elected Chaplain on the part of the Senate. Ordered, Tliat the Secretiu-y notify the Hou.se ol Reprcsenla- lives accordingly. ST.VNDING COM.MITTEES. Mr. SEVIER moved to proceed to the election of .standing com- mittees, which was agreed to. Mr. MANGUM obsen'ed that the Chairman of the Committees having been informally agreed upon, it would be useless to go through with the tedious process ol ballotting for them. He there- fore moved that so much of the 34th rule as recpiires their appoint- ment by ballot be dispensed with ; which was agreed to. On motion, by Mr. Mangum, the following Chairmen of the several committees were appointed ; Mr. Sevier — Chairman of the Committee on Foreign Relations, Mr. Atherton — Chairman on the Committee of Finance. Mr. Dix — Chairman of the Committee on Commerce. Mr. Dickinson — Chairman of the Committee on Manufaemres. Mr. Stcrgeon — Chairman of the Committee on Agriculture. Mr. Cass— Chairman of the Committee on Military Affairs. Mr. Fairfield — Chairman of the Committee on Naval Affairs. Mr. Rusk — Chairman of the Conmiiltee on the Militia. Mr. BREr.^'E. — Chairman of the Committee on Public Lands. Mr. Yulee. — Chairman of the Committee on Private Land Claims. Mr. Atchison. — Chairman of the Coinmittee on Indian Affairs. Mr. Mason. — Chairman of the Committee on Claims. Mr. Bright. — Chairman of the Committee on Revolutionary Claims. Mr. Ashley. — Chairman of the Committee on the Judiciarv. Mr. NiLES.— Chairman of the Committee on the Post Office' jind Post Roads. Mr. Hannegan.— Chairman of the Committee on Roads and Canals. Mr. Johnson, of Louisiana. — Chairman of the Committee on Pensions. Mr. Cameron.— Chairman of the Committee on the District of Columbia. Mr. Westcott.— Chairman of the Committee on Patents and the Patent Otlice. Mr. Turxey.— Chairman of the Committee on Retrenchment. Mr. Douglas — Chairman of the Committee on Territories. Mr. Hunter — Chairman of the Committee on Piib'ic Buildings. Mr. Felch — Chairman of the Committee to audit and control tlie contingent expenses of the Senate. . Mr. Bradbury — Chairman of the Committee on Printing. Mr. Downs — Chairman of the CoiAniittee on Engrossed Sills. Mr. Pearce— Chairman of the Joint Committee on the Library. Mr. Rusk— Chairman of the Committee on Enrolled Bills. ' On motion uf Mr. MANGUM, it wo; Resolved, That the election of the renia lliitlees he po>I|ionc(l nntil to-morrow. linj: nieniher> of the several standing coni- joint committee on the library. The Senate proceeded to the consideration of the resolution from the House of Representatives for the appointment of a joint committee of three members of each House to direct and super- intend the expenditure of all moneys appropriated for the purchase of books lor the Library of Congress, and all such other matters pertaining' to said Library not otherwise provided for by law. The question being upon agreeing to said resolution, Ucsulccd, That the Senate concur therein. NOTICE OF BILL. Mr. DIX gave notice that he should, on to-morrow or at some early day, ask leave of the Senate to introduce a bill concerning certain Collection Districts, and for other purposes. On motion, The Senate adjourned. December 14.] REPORT OF REGISTER OF TREASURY. 17 TUESDAY, DECEMBER 14, 1847. COMMERCE AND NAVIGATION. Tho VICE PRESIDENT laid before the Senate a report of the Regibter of the Treasury, made apreeaMy to law, accompa- nied by statements of the Commerce and Navigation of the United States: Mr. DIX moved that it lie on tho table and be printed, and that 2 500 extra copies be printed; 2,o0 thereof for the use of the Sec- retary of the Treasury, and 2.50 for the use of tho Register of the Treasury. Mr. NILES inquired whether the number that it was now pro- posed to print, was the largest number which had ever been or- dered of this document '. Mr. DIX replied that he did not recollect that a larger number had been ordered; at least, since he became a member of the Se- nate. Mr. NILES. — In my opinion, this document appears to be, above all others, entitled to consideration; and i'' any of the documents which have been presented to us justifies us in incuvrinT an expen- diture of the public money in order that it may be diffused through- out the country, the report from tho Treasury Department is certainly that document. It is an exposition of iacts, not of theo- ries ; not of speculations; not of the favorite views of any officer of this government, or of any body else. It discloses what tho enterprise of our citizens has accomplished. It shows the actual and existing slate of the commerce ol' the country, the resources of the country, and one very important branch of its vast and grow- ing interests. I propose the printing of five thousand additional numbers. Mr. DIX. — I concur in what the Senator from Connecticut has said in regard to the value of this document; I cheerfully second his motion. Mr. WESTCOTT. — I would ask the honorable Senator from New York wliether the number given to the Treasury Department, indicated by him, is sufficient? I have understood that a large number was needed for distribution in return for similar favors, from the governments of other countries. I am inclined to believe that five hundred copies will be necessary to supply the depart- ment. Mr. DIX. — I find, on reference to the journals of last winter, that seventeen hundred and fifty copies were ordered to be printetl in addition to the usual number: two hundred and fifty for the use of the Treasury Department, leaving fifteen hundred for general distribution. The next day, on motion made by myself, two hun- dred and fifty additional copies ol' the report were ordered to be printed; and, I believe on a subsequent day, an additional number of copies were ordered for tbe use of the Register. It therefore appears that last year the Treasury Department hail five hundred copies for distribution; and I now move that that number of this year's report be placed at the disposal of the Secretary of the Treasm-y. Mr. DAVIS, of Massachusetts. — I beg leave to ask the Senator from New York what particular distribution of this document the Register of ihi Treasury proposes to make ? I desire to know the reason why he, anymore than any other subordinate officer, should be furnished with the document. Mr. DIX, — The report is made by the Register of the Treasu- ry. It is at his office that the tables are prepared. When the document is distributed it is seen that it emanates from the office of the Register, and applications for copies are frequently made to his office. There is no other reason why that officer should be sup- plied with copies of tlie document. But if it be deemed best to do so, the whole of the copies ordered may be placed at the dispo- sal of the Secretary of the Treasury, who can then supply the Register with as many copies as he may require. Mr. DAVIS, of Massachusetts. — I take this occasion to say that I concur with the remarks of the Senator from Connecticut in re- gard to the importance and value of this document- I rio not know, however, but that the number usually printed has answered the purpose very well. But the document is, as the Senator cor- rectly describes it, a report of facts, and facts which are extremely interesting to the commercial community, as well as every body else. It contains the results of the commercial opflrations of the vear, and discloses also facts in regard to navigation. I speak now of the foreign commerce of the country. It is exceedingly desirable, and for a great length of time has been a desideratum, that this branch of inquiry should be extended a good deal farther. It is desirable 30th Comg.— IsT Session— No. 3. that we should understand something of the statisticsof the coasting trade of the country — of internal navigation of that description. A document of that character would, in my judgment greatly surpass the value of the document now before us, great as the value of that paper undoubtedly is. I hope, sir, that before Congress closes its sessions, some measures may be adopted for the purpose of obtain- ing statistics in regard to the condition and progress of that branch of our commerce, which is so interesting to us all, and is increas- ing so rapidly. I shall make no objection to the number stated by the member from Connecticut, but I hope that we ara not going to run a little too diffusive in printing. Mr. DIX.— One word in order to correct an madvertenee . I stated that two hundred and fifty copies had been ordered for the use of the Register of the Treasury; but I find on reference to the Journal, that the order was for the use of the Treasury Depart- ment in general. I also find, that on motion of the Senator from Pennsylvania on ray right, [Mr. Cameron,] three thousand addi- tional copies were ordered to be printed nearly two months after the report was presented. I, therefore, move that five thousand - additional copies be printed, and an additional five hundred for the use of the Treasury Department, making no special provision for the Register, who can obtain the,copies which he may need lrom» the Secretary. The amendment was then put, and was agreed to; and the reso- lution as thus amended, was adopted. Ordered, That it bo printed; and that 5,500 copies, in addition to the usual number, be printed; .^00 copies of which to be for the use of the Treasury Department. PETITIONS. Mr. JOHNSON, of Louisiana, presented the memorial of Mary L. Keen, widow and adininistralrix of Elisha L. Keen, deceased, praying the repayment of mouey advanced by her late husband for the use of the government; which was referred to the Committee on Clahns, Also, the memorial of Ann B. Cox, widow and executrix of Nathaniel Cox, deceased, late navy agent at New Orleans, pray- mv antlioiized "to eniplov a Clerk ritiring llie present session of Congress. PRIVILEGE OF THE FLOOR. Mr. NILES submitted the following resolution for considera- tion : Rcsolveil, That the Auditors of the Treason-, Ihe Chiefs of the Buieaus of the Navy Department, and the Assistant Postniastei^ Oeneral, be entitled to seali on the floor of the Senate. The consideration of the resolution being asked for at this time, objection was made, and it was laid over one day, under the rule. AN.NEXATION OF TERRITORY. Mr, DICKINSON submitted the following resolutions for con- sideration; which were read and ordered to be printed. Resolved, Thai true policy requires the government of the United States to strengthen its poiiUcal ana commercial relations upon this continent by tlie annexation of soch contiguous territory a.s may conduce to that end and can be justly obtained , and that neither in such acquisition nor in the ternloriat or^-anization thereof can any conditions be conststutionallv imposed or institutions be provided for or established in- consistent with the right of the peop'e thereof to Ibrm a free sovereipn State, with the powers and privileges of the origin'al members of the confederacy. Rfsutved. That in organizing a territorial government for territory belonging to the United States, tlie principles of self-government upon which our federative s^-stem rests will be best promoted — the true spirit and meaning of the constitntion be observed, and the- confederacy strengthened by leaving all questions concerning, the domestic policy tbeiein to the Legislatnres chosen by the people thereof. 'the RIVER S.^.BINE. The Senate proceeded to consider the following resolution sub- mitted yesterday by Mr. Johnson, of Louisiana, which was agreed to : . Reso/ued, That the Committee on Commerce be instructed to inquire into the ex- pediency of making an appropriation to remove Ihe ol'stru<:tions to the navigation of the river Sabine, and that the resolution of the Legislature of Louisiana, tlie report and papers on file in relation thereto, be referred to the said comniiltee. .STANDING COMMITTEES. The Senate proceeded to the election of the remaining members of the standing committees. Mr. SEVIER then presented a list of the members of the va- rious committees ; which was read and adopted. Mr. HALE remarked, that he noticed his name on one or more of the committees just announced ; ho must throw himself on the indulgence of the Senate, and ask if it was consistent with the usages of the Senate, that he might be excused from serving on any of the staiuling committees of the Senate at the present ses- sion. He m.ido this request from motives personal to himself, with which he would not trouble the Senate ; but he had an addi- tional inducement in the statement first made by the honorable Se- nator from Arkansas, that those committees had been agreed upon by an arrangement between the tw-o parties which divide this body. As the political parly with which the journals of the day had classed him, and he supposed that was the only means of ascer- taining where he belonged, had had no meeting, and had not been consulted in this arrangement, he thought that that furnished an additional reason for excusing him. Mr. WESTCOTT moved that the Senator from New Hamp- shire be excused from serving on the committees on which ho had been named, and then observed, that other members had been ex- cused at their request, from serving on any of the commiltecs — he referred to the Senators from South Carolina, Ohio, and Alabama, [Mr. Calhoun, Mr. Allen, and Mr. Bagby,] the last of whom was now absent. Mr. BADGER. — I beg leave to say one -svord on this subject. T cannot conceive that any reason has been offered hy the Senator from New Hampshire, why he should be personally excused from taking his proper share in the discharge of the business duties of any member of this body. He is a genlleman of known and ac- knowledged talents. He is capable of rendering elficicnt services to Ihc Senate in the discharge of any of the ilulies which belong to any of the committees of this body. Ho has been named upon se- veral committees on which he may bo useful to the country, and to the Senate. The peculiar position, which he represcnl> himself as occupying in regard to the political parlies wliich divide this body, can certaitily have no influence in support of the application which he has made to the Senate ; because, if my memory serve mo right, he has not been placed on any committee, the action of which, can bo supposed to bo influenceil dircclly or indirectly by political considerations. It, therefore, appears to me, sir, that the application of the honorable gentleman amounts simply to a ro- (piest that he, a member of this body, competent to render services in the transaction of business, should be relieved from assuming tho duo burden which belongs to the high and responsible station December 14.] STANDING COMMITTEES. 19 which he occupies. I sm sure, that in that point of view, the gen- tleman from New Hampshire would not be willing to accept of an immunity not possessed by his brethren on this floor. I hope, therefore, that the gentleman will withdraw his application, or that the Senate will not accede to it. Mr. WESTCOTT. — I made the motion at the request of the .Senator from New Hampshire ; and it appears to me, that the^ Senator from North Carolina, [Mr. Badger,] has lost sight of the reason assigned by that gentleman for tlie application which he had made, apart from the political consideration to which he had advened. The Senator, it will be recollected, rested the ap- plication upon personal grounds, and I presume it will not be deemed necessary that that reason should be stated more explicit- ly than it had been. Mr. BADGER. — I am certain that I also could assign personal reasons for being excused from servijig on committees. I confess, I am just as willing as any other gentleman of this body, to be confined to a particular hour for particular business ; but, when I came here, I did not expect to come for the purpose of enjoying my ease, and leaving to others the performance of the laborious duties which belong to this station. And allow me to add, sir, that the personal appearance of the gentleman from New Hampshire, as I am happy to be able to say, does not present any evidence of phy- sical inability to discharge those duties, for which we all know him to possess, in a high degree, tlie mental qualifications. The question was then put, and appeared to be decided in the negative. A division was then called for, and the result was as follows: ayes 17, noes 16. So the motion was adopted, and the Senator from New Hamp- shire was excused from serving on the committees. On Bdotion by Mr. BREESE, it was • Ordered, That the Vice President be authorized to fill the va- cancies. The following is a list of the committees, in full, as they now stand : Committee on Foreign Belations. Mr. Sevier — Chairman. Mr. Benton, Mr. Webster, Mr. Hannegan, Mr. Mangura. On Finance. Mr. Atherton — Chairman. Mr. Dickinson, Mr. Clayton, Mr. Hunter, Mr. Phelps. On Commerce. Mr. Dix — Chairman. Mr. Breese, Mr . Johnson , of Md . Mr. Cameron, Mr. John Davis. On Manufactures. Mr. Dickinson — Chairman. • Mr. Ashley, Mr. Upham, Mr. Butler, Mr. Clarke. On Agriculture. Mr. Sturgeon — Chairman. Mr. Turney, " Mr. Spruance, Mr. Atherton, Mr. Corwin. On Military jiffairs. Mr. Cass— Chairman. Mr. Benton, Mr. Crittenden. Mr. Jefferson Davis, Mr. Dix, Mr Badger, Mr. Rusk. On Naval Affairs. Mr. Fairfield — Chairman. Mr. Yulee, Mr. Miller, Mr. Bright, Mr. Johnson, of Md. Mr. Cameron, Mr. Badger. On The Militia. Mr. Rusk — Chairman. Mr. Atchison, Mr. Greene, Mr. Fairfield, Mr. Underwood. On Public Land.-:. Mr. Breese — Chairman. • Mr. Ashley, Mr. Corwin, Mr. F»lch, Mr. Underwood. On Private Land Claims. Mr. YtrtEE— Chairman. Mr. FdOte, Mr. Johnson, of La. Mr. Downs, Mr. Berrien. On Indian Affairs. Mr. Atchison — Chairman. Mr. Sevier, Mr. Phelps, Mr. Downs, Mr. Bell. On Claims. Mr. Mason — Chairman. Mr. Westcott, Mr. Underwood, Mr Bradbury, Mr. Baldv»-in. On Revolutionary Claitns. Mr. Bright — Chairman. Mr. BradbuiT, Mr. Upham, Mr. Rusk, Mr. Jonnson, of La. On The Judiciary. Mr. Ashley — Chairman. Mr. Butler, Mr. Berrien, Mr. Westcott, Mr. Dayton. On Post Office and Post Roads. Mr. NiLES — Chairman Mr. Sturgeon, Mr. Pearce, Mr. Rusk, Mr. Corwin. On Roads and Canals. Mr. Hannegan — Chairman. Mr. Foote, Mr. Clark, Mr. Sturgeon, Mr. Spruance. On Pensions. Mr. Johnson, of La. — Chairman. Mr. Felch. , Mr. Phelps, Mr. Jeflferson Davis, Mr. Baldwin. On the District of Columbia. Mr. Cameron — Chairman. Mr. Hunter, Mr. Miller, Mr. Foote, Mr. Greene. On Patents and the Patent Office. Mr. Westcot — Chairman. Mr. Turney, Mr. John Davis, Mr. Dickinson, Mr. Dayton. On Retrenchment. Mr. Turkey — Chairman. Mr. Douglas, Mr. Mangura, Mr. Niles, Mr. Clarke. On Territories. Mr. Douglas — Chairman. Mr. Bright, Mr. Clanon, Mr. Butler, Mr. John Davis. On Public Buildings. Mr. Hunter— Chairman. Mr. Yulee, Mr Spruance. To Audit and Control the Contingent Expenses of the Senate. Mr. Felch — Chairman. Mr. Niles, Mr. Pearce. 0;i Printing. Mr. Bradbury— Chairman. Mr. Cameron, Mr. Greena. On Engrossed Bills. Mr. Downs — Chairman. Mr. Mason, Mr. Baldwin. Joint Committee on the Library. Mr. Pearce — Chairman. Mr. Jefferson Davis, Mr. Mason. On Enrolled Bills. Mr. Rusk, Mr. Uphara. the public lands. Agreeably to notice, Mr. BREESE asked and obtained leave to bring in a bill to reduce and graduate the price of public lands: which was read the first and second times by unanimous consent and referred to the Committee on Public Lands. JOSEPH WILSON. Agreeably to notice, Mr. BREESE asked and obtained leave to bring in a bill for the relief of Joseph Wilson; which was read the first and second times by unanimous consent, and referred to the Committee on Naval Aftairs. SURETIES op SWARTWOUT. Agreeably to notice, Mr. DIX asked and obtained leave to bring in a bill to authorize the Secretary of the Treasury to make an ar- rangement or compromise with Mangle M. Quackenboss, and his co-(S)ligor3, or any of them, for claims or bonds given by them as DISTRTBTITION OF BOOKS. 20 sureties to the United States; which was read the first and second ttaes by unanimous consent and referred to the Committee on the Judiciary. COLLECTION DISTKICTS, ETC. Agreeably to notice, Mr. DIX «:*«d»"''. "Stained leave to l.nng in a bill concerning certain collection distn.-f-S and lor other pui- poses; Xhwas"readthe fir.t and second times by unannuou. oonseiit, and referred to the Committee on Commerce. DBANCH MINT AT NEW YORK. Agreeably to notice Mr. DIX a.ked and f Jj;'""^ '«'^7sw,''es"i^ intlill to Lablish t'"\"«^,"':':ead";h m t a^d'econd" times REOtTLATION OF SEAMEN. Agreeably to notice Mr. DICKINSON asked and obtained leavl to brill" in a bill to amend the act entitled An act loi iiie rg^laTionor seamen on board the p.ji.l.c and private vessels ot thi United States,-' passed the 3d ol March, 1813. Mr. DICKINSON— Under the somewhat f!":"'''"""'";.'',/''}^' .;" have the act under which foreigners become citizens ol the United Smes The twellth section of that act, however, enables them t^o become citizens only after '^'^'^'-^"S J^Y ^r^'^Zr^^^'Z beine at any time during live years, out ..I tl.' teiri oiv ol the uS Staters. It has been decided, and nmloubtcdly the decision is correct that involmitarily setting foot on a loieigu s^K,re pre- vems the' erson from receiving the benefit of the act. The objec of "his bill is to strike out the words " without being at any time, &e ■ so that if the person to whom the act applies remam ,6oji« /Sde'residents of the United States, although n, may happen that iv accident, and involuntarily they set tool oi. loreign ternto- ry, they shall be entitled to all the benefits of the law. I move the reference of the bill to the Committee on the Judiciary, and askitsearlv consideration, in the hope that the benefits which it i? proposed to extend to tlje many persons who have declared, or may declare their intentions to become entitled to the pmileges of citi/.enship, may be extended as speedily as possible. By unanimous consent of the Senate, the bill then had a first and second reading, and was referred to the Committee on tlie Jiuli. ciary. JFLORIDA TREATY. Agreeably to notice, Mr. WESTCOTT asked and obtained leave to bring in a bill further to carry into eflect the provisions and stipulations of the 9th article of the Florida treaty with res- pect to certain losses of Spanish subjects, in West Florida; which was read the first and second times by unanimous consent, and re- ferred to the Committee on Foreign Relations, together with the papers on file relating thereto. DAVID SHAW, ET AI,. Agreeably to notice, Mr. BRADBURY asked and obtained leave to bring in a joint resolution in favor of David Shaw and Solomon T. Corser; which was read the first and second tunes by unanimous consent, and referred to the Committen on the Post Office and Post Roads, together with the papers on file. NOTICES OF BILLS, ETC. Mr. MILLER gave notice that on to-morrow, or at some early day, he should ask leave of the Senate to introduce a joint resolu- tion, authorizing the erection on the public grounils, in the city of Washington, ofa monument to George Washington. Mr. GREENE gave notice that on to-morrow, or at some early day, he would ask leave of the Senate to introduce a hill for the relief of Mary McRae. Mr. BREESE gave notice that on to-morrow, or at some early ^ay, he would ask leave of the Senate to introduce a bill to com- pensate John M. Moore. Mr. UPH.\M gave notice that he sliould, on to-morrow, or at some early day, ask leave of the Senate to introduce a bill chang- ing the places, and fixing the times, for holding the circuit and dis- trict courts in the District of Vermont. Mr. UNDERWOOD gave notice, that on lo.niorrow, or at some early day, he would ask leave of the Senate to introduce a bill to allow further time for satisfying certain land warrants, etc Mr. DOUGLAS gave notice, that on to.morrow, or at some early day, he would ask leave of the Senate to introduce a bill to divide the District of Illinois into two judicial districts. COMMERCE OF THE LAKES, ETC. On motion by Mr. DIX, it was Ordered, That 2,000 additional copies of the report of the colo. iiel of the corps of Topographical Engineers, communicating, in compliance wii h a resolution of the Senate of ihe 15tli of Januarv last, information upon the several subjects designated therein, as connected with the commerce of the Western Lakes and Rivers, be printed for the use of the Senate, [TuFSDAY Ordered, That said report be referred to the Committee on Com-, merce. REFERENCE OF THE PRESIDENT'S MESSAGE. On motion by Mr. SEVIER, it was Ordered, That so much of the message of the President of the United States as relates to foreign afl'aii*, be referred to the Com- mittee on Foreign Relations. On motion by Mr. FAIRFIELD, it was Ordered, That so much of the message of the President of the United States as relates to the Na\-j' and naval service, be refer, red to the Committee on Naval Affairs. On motion by Mr. ATHERTON, it was Ordered, That so much of the message of the President of th« United States as relates to the subject of finance and the revenues Senerally, be referred to the Committee on Finance. On motion by Mr. BREESE, it was Ordered, That so much of the message of the President of the United States as relates to the public lands, reducing and gradua- ting; their price, and a pennanent pre-emption system, be referred to the Committee on Public Lands. On motion by Mr. DIX, it was Ordered, That so much of the message of the President of the United Stales as relates to the subject of commerce, be referred to the Committee on Commerce. On motion by Mr. DICKINSON, it was Ordered, That so mueli of the message of the President of the United States as relates to the subject of manufactures, be referred to the Committee on Manufactures. On motion by Mr. NILES, it was Ordered, That so much of the message of the President of the United States as relates to the post office department, be referred to the Committee on the Post Office and Post Roads. ^ On motion by Mr. JOHNSON, of Louisiana, it was Ordered, That so much of the message of the President of the United States as relates to the subject of pensions, be referred to the Committee on Pensions. On motion by Mr. CAS.?, it was Ordered, That so much of the message of the President of the United States as relates to military afl^airs, be referred to the Com- mittee on Military Aflfairs. On motion by Mr. ASHLEY, it was Ordered, That so much of the message of the President of the United States as relates to the establishment of competent tribu- nals to try and punish crimes, and exercise jurisdiction in civil ca- ses in China, where American citizens are concerned, by virtue of our treaty with that power, be referred to the Committee on the Judiciary. DISTRIBVTION op BOOKS. Mr. CAMERON submitted the following resolution, which wan • considered by unanimous consent and agreed to : firxofrr/I. Tlial liie Hecreliity !)« iliiected 10 turnisii eadi member of Uie {iresent Su- iinlo, wlio tiav iiol alre.idv received lliem, the same timnber of copies of Ihe rotuutu- Iioii ,ind oilier book* ordered to be hirnislu'd to tbe Senators by Uie* resolutions of Fe- bruary 18, 1W7. Mr. SEVIER moved a reconsideration of the vote just taken. He observed that there had been a battle about these books every vear for the last seventeen or eighteen years; and he hoped th«t ihe Senator from Pennsylvania would permit the vote to be recon- sidered, and not press the adoption of the resolution at this time. Mr. CAMERON. — The Senator from Arkansas has received, I believe, all these books, and I only ask that the new Senators may receive as many as he has received. Mr. SEVIER. — I suppose that the Senator when he made a motion of this kind would have some data to go upon, that we might be informed as to the cost. It will be, I venture to say, voting seven or ciijht hundred dollars in addition to the pay of each Senator^f those nooks are to be furnished— and where is it lo end ? There seems to be a particular anxiety upon this subject, and so eagerly has it been ]nirsueil, that we have frequently nearly lost the civil and diplomatic appropriation bill in consequence of it. Why, I have seen the two Houses of Congress at dageers- poiiits in regard t« it. Now, where is all this to end ? How much is it goino- to cost the government? At the last session we passed a resolution to put upon our tables some twelve or fourteen copies of the proceedings of this body; and to this expense you are going to add the expense of furnishing these books. This IS a very important matter, and it is now pushed forward without anybody knowing anything of the matter; it was only by accident that I noticed the resolution. But the Senator says I nave received December 14.] DISTRIBUTION OF BOOKS. 21 my portion of the books. I have taken mine, it is true, hut they are no manner of use to me; and now, forsooth, because they have been heretofore distributed to Senators, every new Senator wlio comes in here must be supplied. There will be no end to it. And I will also remark, as my friend from Missouri stated at the last session, these books are often drawn and sold to booksellers in this city, and a^ain purchased by order of Congress for distribution There should be a stop put to this practice, especially at such a lime as this, when we are pressed for money to carry on a foreign war in which the country is engaged. I think it is time to put a stop to these expenditures, and I think that these books which can be found in the library, and referretiiip of .lames G. Hamjitun and Jainew L. Rob^i^on. PETITIONS. The VICE PRESIDENT presented the petition of Mary D. Wade, widow of a deceased naval officer, praying a pension; which was referred to the Committee on Pensions. r^Mr. JOHNSON, of Louisiana, presented the petition of Vij. liam Pumphrey, praying the confirmation of his tide m certain lands in Louisiana ; which was referred to the Committee on Pri- vate Land Claims. Mr. ASHLEY submitted additional documents in relation to tho petition of Elizabeth Pistole; which were referred to the Commit- tee on Pensions. Mr. STURGEON presented the memorial nf Henry Simpson, surviving administrator of George Simpson, deceased, praying to be allowed a commission on a loan negotiated by the testator for the government in the year ISl.?; which was referred to the Com- mittee on Finance. Mr. YULEE presented the petition of Henry Washington, praying redress for arbitrary and illegal conduct on the part of the Surveyor General of Public Lands in Florida, in violating a con- tract entered into with him for executing certain surveys; which was referred to the Committee on Public Lands. Mr. CASS submitted documents relating to the claim of T. S. Wondall for the payment of a sum of money due him under thn 4th article of the treaty of 1837, with the Saginaw Indians; which were referred to the Committee on Indian Atlairs. Mr. YULEE presented the petition of James Edwards, praying compensation for losses sustained in consequence of the destruction of his property during the Seminole war; which was referred to the Committee on Blilitary Affairs. Also, the petition of James Edwards, administrator of Edward .M. Wanton, deceased, praying compensation for losses sustained by the deceased, in consequence of the destruction of his property during the Seminole war; which was referred to the Committee on Military Affairs. Also, the petition of Eugene Van Ness and John H. Brush, ck- ecutors of Nehemiah Brush, deceased, praying compensation for losses sustained by the deceased, in consetpience of the destruction of his property during the Seminole war: which was referred to the Committee on Military Affairs. Also, the petition of Gad Humphreys, praying indemnity for los- ses sustained in consequence of tho destruction of his property du- ring the Seminole war; which was referred to the Committee on Military Affairs. Also, the petition of George Center, praying indemnity for lossi's sustained in consequence of the destruction of his property during the Seminole war; which was referred to the Committee on Mili- tary Affairs. Mr. CALHOUN presented the petition of Maria Caldwell Ro- bertson, legal representative of James Caldwell, deceased, pray- ing the payment of certain outstanding loan office certificates, is- sued to the said James Caldwell, and since lost or destroyed; whi'ch was referred to the Committee on Revolutionary Claims. Mr. MASON presented the memorial of George H. Leo and others, members of the bar in the State of Virginia, praying an lucreaso of the salary of the Judge of the Western District of Virginia; which was referred to the Committee on the Judiciary. Mr. DIX presented the petition of Oliver C. Harris, praying an extensi'on of his patent for a paint mill ; which was referred to the Committee on Patents and the Patent Office. Mr. ASHLEY presented the petition of citizens of Union coun- ty, Arkansas, prtiyiug the establishment of a mail route from Magnolia to Holly Springs, in that State; which was referred to the Committee on the Post Office and Post Roads. On motion by Mr. JOHNSON, of Louisiana, it was Ordered, That the petition of the Mexican Gulf Railroad Com- pany, on the files of the Senate, bo referred to the Committee on Finance. On motion by Mr. JOHNSON, of Louisiana, it was Ordered, That the petition of Nathaniel Hoggatt,on the files of the Senate, be referred to tho Committee' on Private Land Claims. On motion by Mr. JOHNSON, of Louisiana, it was Ordered, That the petition of Elizabeih Jones, representative of John Carr, deceased, and the petition of Thompson Hutchinson, heir of Thomas Hutchinson,, deceased, on the hies of the Senate, be severally referred to the Committee on Pensions. On motion by Mr. FAIRFIELD, it was Ordered, That the memorial of Fo.xall A. Parker, on the files of the Senate, be referred to the Committee on Naval Affairs. On motion by Mr. YULEE, it was Ordered, That the petition of William C. Easton, on tho fil«s of the Senate, be referred to the Committee on Military Affairs. On motion by Mr. HALE, it was Ordered, That the petition of the representatives of Robert Sewall, on the files of the Senate, be referred to the Committee of Claims, On motion by Mr. MASON, it was Ordered, That tho petition of the heirs of William Grayson, de- ceased, on the files of the Senate be referred to the Committee on Military Affairs. - On motion by Mr. RUSK, it was Ordered. That the petition of the heirs of David Noble, on the files of the Senate, be referred to the Committee of Claims. On motion by Mr. RUSK, it was Ordered, That the petition of E. P. Calkin & Co , on the files of the Senate, be referred to the Committee on the Judiciary. On motion by Mr. MILLER, it was Ordered, That the petition of John Searing and others, heirs of Mary Allen, deceased, on the files of the Senate, be referred to the Committee on Pensions. On motion by Mr. DIX, it was Ordered, That the petition of John Martin, on the files of the Senate, be referred to tho Committee on Pensions. On motion by Mr. DOWNS, it was Ordered, Thai the petitions of Calviji Reed, of George W. Walton, and of J. W. Nye, assignee of Peter Bargy and Hugh W. Stewart, on the files of the Senate, be referred to the Commit- tee of Claims. On motion by Mr. PHELPS, it was Ordered, That the petition of Maria Loubet, legal representa- tive of Jean Baptiste Lomagnc, on the files of the Senate, bo re- ferrcd to tho Committee on Revolutionary Claims. On motion by Mr. ATCHISON, it was Ordered, That the petition of Thomas Talbot and others, on the files of the Senate, bo referred to tho Committee on Indian Af- fairs. On motion by Mr. NILES, it was Ordered, That the petition of Thomas Rhodes, on tho files of the Senate, be referred to tho Committee on the Post Office and Post Roads. On motion by Mr. NlLES, it was 24 RESOLUTIONS, ETC. [Wednesday, nl the Ordered. That the petition of Walter Loomis and Abel Gay, on tho files of the Senate, be referred to the Committee of Claims. On motion by Mr. DICKINSOiV, it was Ordered, That the petition of Asa Andrc\v.s, on the liles Senate, be referred to the Committee of Claims. On motion by Mr. HANNEGAN, it was Ordered, That the petition of the heirs of Francis Cazcau. on the files of the Senate, be referred to the Committee on the Judi- ciary. On motion by Mr. UPHAM, it was Ordered, That the doeumcnt»on the files of the Senate, rcla. ting to alterations in the times and places of holding the Circuit and Oislrict Courts of the lliiited States in Vermont, be relcrrcd to the Committee on the Judiciary. On motion by Mr. COR WIN, it was Ordered. That the petition of the heiis of Benjamin Harrison, and tho memorial of Samuel Lamme, executor of Nathan Lamiiie, deceased, on tho files of the Senate, be severally lelerrcil to the Committee on Revolutionary Claims. On motion by Mr. CORWI.N, il was Ordered, That the memorial of Cadwalhuler Wallace, on the files of the Senate, be referred to the Coinniiitee on Public Lands. On motion by Mr. RUSK, it was Ordered, That the petition of Bryan Callayhan, on the files of tho Senate, bo referred to the Committee of Claims. On motion by Mr. MASON, it was Ordered, That the heirs of Presley Thornton, deceased, have leave to withdraw their petition and papers. On motion by Mr. HUNTER, it was Ordered, That William Saunders and William K. Porter, sure- ties of William Estis, have leave to willulravv their petition and papers. On motion by Mr. FAIRFIELD, it was Ordered, That Samuel A. INIoise, have leave to withdraw his petition anil papers. NOTICES OF BILLS. Messrs. MANGUM, JOHNSON, of Louisiana, FELCH, and MASON, gave notice tliat on to-morrow, or at some early day, they would ask leave of the Senate to introduce certain bills ami joint resolutions. rAYME.Vr KdR HOUSES, ETC., IN THE MlLIT.iRY SEKVlct;." Mr. ATCHISON submitted the following resolution, which was considered by unanimous consent, and agreed to ; ticsohcit. Jlial Ihe Cuminiltce on IVIililary Aflaii> he nibtrUL-ted to iiiiiuiie into the expediency of reviviiif; an act cntilicd ".\n Act 10 provide lor tlie pavitirnt of liorscfs and other propettv lot or de?tro;e(l in llie niiliiary service of llie i'nited ,Stale-s." :i|i- (•roved January 13. 1,^:17, as rirnciide,! try an acl entitled ".-^ii Acl to anieird art irct en- titled ' An Ai:t to provide jrayineitt for iiors*es and ollrer [irnpeily lost ur deslroved in the miiiUiTybei vice of the Unit 'd t^t,ile..;' " approved Octoher |.l.'!-s'37. and as slill lui- ther amended try an act etTtitled •"An .Act to amend ait net entitled \-\ti act to provi.le ir.-iymcnt for hordes, and other properly lost or deslrovtvn/, That in organizing a lerntoria] goveriuiient for ternlory belonging to the t.iiited Stales, the princi]ilcs of self goveruhient, iijioii which onr federative system tests, will lie heat promoted — the true spirit and meaning of Ihe constitution be oh served, and the ronfederaey strengthened, liy leaving all questions concerning th» domestic policy therein lo the Legislatures chosen by the people thereof Mr. DICKINSON remarked that he would not press tho con- sideration of these resolutions at this time, but that he would call them up after the holidays, when the Senate should be full. He therolbre moved that tliey be passed over for the present , which was agreed to. On motion, Tho Scnule adjourned. December 16. | THE LATE SENATOR SPEIGHT, 25 THURSDAY, DECEMBER 16, 1847. CREDENTIALS. Mr. MANGUM presented the credentials of the honorable JOHN MACPHERSON BERRIEN, elected a Senator ol the United States from the State of Georgia, for the terra of six years from and after the 4th day of March, 1S47; which were read. Mr. BERRIEN, having; taken the oath of office, which was ad- ministered to him by the Vice President, took his seat m the Senate. ROUTE TO CALIFORNIA. The VICE PRESIDENT laid before the Senate a communica- tion from the Secretary of War, transmitting, in compliance with a resoliitinii of the Senate of the 9th instant, a report trom the Colonel of the Corps of Topographical Engineers, with a copy ol notes of the militarv roconnoissanco of the route from Fort Leaven- worth, in Missouri, to San Diogo, in California, by Lieutenant William H. Emory, of the Topographical Engineers, with the map of the said route, and of the Arkansas, Del Norte and Gda rivers ; as also the report of Colo.iel Philip St. George Cooke's route to California, after diverging from the track of General Kearney. On motion by Mr. PEARCE, it was Ordered, That they be printed. Mr. PEARCE remarked that as these reports contained infor- mation that was interesting and valuable, he would submit a reso- lution to print an extra number of copies ; but he would not ask for its consideration to-day, as the Senator from Missouri (Mr. Benton) was desirous of e.\araining the map before it should be lithographed or engraved. Mr. PEARCE then subraiUed the following resolution: Rcjolrcl. ThM on.. llKMi.aiiil , 1.1.1111011.11 roiii.5 of the note* of a milltiiry reco„ilol- ^aiice from Foil i,e;n M.woith to t^all Uiego. by L.iv.ilpuaiit William H. Liiioiy. aiul u loloMd Cooki-'s teport, bf |,nnlc..l for the „.,■ oltlie Semil-; nn.l llial llic !-r^retarvot Ihc Senate be directeil t.i cause to be eiiRrave.l or litliographed ,an e.|iial number ol tbe man aceomi.anving LieulenanI Emory'. re,,url, ami sucb ot the botanical. Reolo-ical, and otiier illustrations as the Comimtlee on liii^ Contingent Lxiieu»es ol tlie benate may approve and direct. CONTINGENT EXPENSES OF THE SENATE. The VICE PRESIDENT laid before the Senate a report of the Secretary of the Senate, made in pursuance of the 2l)th section of the act of the Seth of August, 1842, showing the disbursements from the contingent fund of the Senate, for the year ending De- cember 4, 1847. On motion by Mr. BREESE, it w-as Ordered, That it be printed. WAR .MEETING IN PHILADELFHIA . The VICE PRESIDENT laid before the Senate a report of the proceedings of a town meeting held m the city of PhUadelpbia. on the nth December, 1847, in reference to the c.-iisting war with Mexico. On motion, it was Ordered, That it lie on the table. ADJ«URNMENT OVER. On motion, it was , Oidcred. That when the Senate adjourn, it be to Monday next- REPORT or THE SECRETARY OF THE TREASURY. On motion by Mr. ATHERTON, it was Ordered, That the Annual Report of the Secretary of the Trea- sury on the Finances, be rel'eried to the Committee on Finance; except so much thereof as relates to the reduction and graduation in the price of the public lands, and the extension of the pre-emp- tion privilege, and to the mineral lands ; which is hereby referred to the Committee on Public Lands; and except so much thereof as relates to military land warrants and certificates ; which is hereby referred to the Committee on Military Affiiirs ; and except so much thereof as relates to the donation of farms in Oregon, to ac- tual settlers and emigrants, and the grant of school sections; which 13 hereby referred to the Committee on Territories ; and except so much thereof as relates to the light-house system, and the ware, housing system, and to the establishment of ports of entry in Ore- gon; which is hereby referred to the Committee on Commerce. NOTICE OF A BILL. Mr. HUNTER gave notice, that at an early day, ho would ask 30th Cong. — Ibt Session — No. 4. leave of the Senate to introduce a bill to authorize the payment of equitable commissions to the agents or attorneys of persons in whose favor awards have been made, undei three several treaties between the United States and foreign powers, which awards have been retained in the treasury in payment of debts due to the United States. ITHE LATE 9EN.4TOR SPEIGHT. Mr. FOOTE rose and addressed the Senate as follows : Mr. President ; A few days since wo were called upon to as- sume the customary badges of mournful respect in honor of a de- ceased Senator from Connecticut; and now, whilst the sentiment of fraternal s private scerctary. CASE OF JOH.V PICKETT AND OTHERS. The VICE PRESIDENT laid before the Senate, a report from the Solicitor of the Treasun-. in the ease of John Pickett and others, owner, of the l.r.i; Albert, made in pursuance ot thedirce- tionsof the act of 3d March, 1847; which was read. PI-BI.IC .MEETING IN PHILADELPHIA. The VICE PRESIDENT laid before the Senate the proceed- incs of a meetin- of citizens in Philadelphia, approving the act ol the ..overnment' in allowing the enii-rant Morninns to rest on cer- tainunoccupied lands; which were laid upon llic table. PETITIONS. The VICE PRESIDENT laid before the Sc.iatc the pclition nf Charles S. Jackson, an officer of customs in the port ot Philadel- phia pravin" to be allowed certain items rcjeeted by the account- ing olliccr in' the settlement of his accounts; which was relened to the Committee on Finance. Mr. FELCH presented the pctilion of Elvira F. Smith, widow ofHeiirv Smith, deceased, an officer in the army, who die^l ol disease contracted in the service, praying to be allowed a nension : which was referred to the Committee on Pensions. Mr. SEVIER presented the memorial of the survivors of the crew of the United States' brig Somers, prayins indemnity for the loss of their clothing and personal efl'ects, occasioned by the cap- sizing of that vessel in the harbor of Vera Cruz; whicli was refer- red to the Committee on Naval AlVairs. Mr. CALHOUN submitted additional iloeuments relating to the claim of Hugh Wallace Wormeley to a pensi(ui; which were referred to the Committee on Pensions. Mr. MILLER presented the petition of Susan T. E. William. son. widow of Charles L. Williamson, deceased, late an otficer in the navy, praying a pension; which was referred to the Committee en Naval AH'airs. Also, the memorial of Joshua Shaw, praying that a balance of an appropriation due him, under an act of Congress, and retained m the treasury, may be paid; which was referred to the Committee on Military Affairs. Also, the memorial of the Vestry of Washington Parish, in the city of Washington, praying permission to purtniasc part of a pub- lic reservation in that eity, for the purpose of enlargina their burial ground; which was referred to the Committee on the District of Columbia. Mr. HANNEGAN picsenteil the memorial of Timolhy Upham, John Laighlon, Thomas Hayes, Michael W. Ash. Sainuel McClel- land. Robert C. Wetmore, James H. Suydaiu and Allen Thomas, legal representative of John Tliomas. (Icccased, praying corapen- tion for performing the duties of Navy Pension Agent; which was referred to the Coniinittee on .\aval Alliiirs. Mr. YULEE ]iretented the petition of Jessco Turner, pravin;; the confirmation of his title to a tract of land hehl under a Spanish grant, in Florida; which was referred to the Committee on Pri- vate Land Claims. Mr. CRITTENDEN presented the pelitioii of Leslie Combs praying the payment of certain bonds issued to hiui by the late Republic of Texas; which was referred to the Committee on the Judiciary, and ordered to be printed. Mr. JOHNSON, of Maryland, presented the memorial of Wil- liam M. (Jlendy.nn officer of the Navy, praviug cnmp.jnsation for performing duties belonging to a higher :;rade lliaii that held by him in the service; which was referred to ilie Committee on Naval Aflairs. Also, the memorial of Sarah Hebard, widow of Andrew Hebard deceased, late a Chief Engineer in the Navy, praying to he allow- ed a pension; which was referre-1 to the CominitTee on Nivil AiTairs. Also, the memorial ol thy seamen of the United Stales siiiiadron in the Paeihc ocean, prayuiL' the restoration of the spirit ration- which was referred to the Committee on Naval Allairs ' Also, the memorial of Mrs. Ann Chase, praying indemnity for losses at Tampieo, in Mexico, in consequence of an outbreak of the populace on the commencement of hostilities; which was re- ferred to the Committee on Foreign Relations. Mr. DIX presented the memorial of officers of the army, now serving in Mexico, praying the passage of an act granting pen- sions to the widows and orphans of such as may die in service. Also, a memorial of officers of th« army, now serving in Mexico, praying the passage of a law authorizing the retirement of officers of the army from active service on certain conditions. In presenting these petitions, Mr. DIX said : I rise to present two petitions to which I desire to invoke the attention of the Senate. It was not until yesterday that I was r apprised of their contents, or I should ha\e brought them here at an earlier day. They wen; left on my table in this city, a week or ten days ago, when I was absent, sealed and addressed to an hon- orable Senator from Missouri, (Mr. Be.nton,) not now in bis p'acc, who served for raanv years as chairman of the Committee on Military Allairs, with distinguished honor to himself and advan- tatre to the country; and I greatly regret that he is not here to take charge of iheiu. I am not in the habit, sir, as you know, of aecompanving the presentation of paj)*s with introductory re- marks. Ill ordinary cases it is doubtless more proper to await the ai;tiun of appropriate committees on the subjects to which they re- fer. But 1 trust the nature of these maybe deemed by the Senate to justify a departure from the usual practice. They'are petitions sisned by the officers of the Array at Puebla, on the tirst day of August last, just before it eommeneed itsmareli towards the city of Mexico. The tirst is styled ''a petition for a pcririug list." it contains two hundred and thirty-three signatures, and praying for certain legislative provisions in respect to aged and disabled oflicers, which, without casting any new burden on the public treasury, would in the opinion of the petitioners, add greatly to the cfficiencv of the army, and at the same time do jus. tice to those, who perlorra the drudgery, and enconntcr the perils of military .service in the tield. I will only say further in reference to this petition, that the plan suggested corresponds, to some ex- tent, though not fully, with one proposed by a late commander of the army, (General Macomb,) and I believe recently recom- mended by the present Adjutant General with a view to the same object. The second is styled "a petition for widows and orphans." Il is signed by two hundred and twenty-two officers, and I bejievc the names, .-is far as they go, arc identical with those borne on the tirst. It is also dated at Puebla, on the tirst d.iy of August last, almost at, the moment the army took up its march for the valley of Mexico; and when considered in connexion with the surrounding cir- cumstances and the brilliant events, which followed each other \yith a rapidity of succession .scarcely exceeded by those which signalized the tirst entrance of Bonaparte into Italy, it addresses itself with great force to the feelings, as well as the justice of Congress and the countrv. I will not detain the Senate by entering into any detailed review of these events with a view to enforce the appeal contained in the petition. I liope, however, I jii.ay be indulged- in saying, in justice to those who bore a part in them, that the tirsi conquest of Mexico cannot, as it appears to me, bo compared with the second, either as to the obstacles overcome, or as to tho relative strength of the invaders. The triumphs of Cortex were achieved by policy and by superiority in discipline, and in the im- plements of warfare. The use of liVe-a'rms, until then unknown to the inhabitants of Mexico, was sufficient in itself to make his force, small as il was, irresistible. In the eyes of that simple and superstitious people he seemed armed with super-human power. Other circumstances combined to facililaic his success. The native tribes, by wliich the country was possessed, were distinct communities, not always acknowledging the same head, and often divided among themselves by implacable hostility and resentments. Cortez, by his consiuumate'iinidenec and art. turned these dissen- sions to his own account; he lured tho parties to them into his own service, and when ho presented himself at the gates of the eity of Mexico, ho was at the head of four thousand of_ the most warlike of the natives, as auxiliaries to the band of Spaniards, with which he commenced his march from Vera Cruz. Thus, his early successes were as much the triumph of policy as ol arms. General Scott, and the t'allant band he led, had no such advan- tages. The whole jioiiulation of the country from Vera Cruz to Mexico, was united as one man against him, and animated by the Sercest animosity. He was opposed by military forees armed like his own, often better disciplined, occupying positions cho.sen by themselves, strong by nature, and lortiticd aci-ording lo the strictest rules of art. These obstacles were overcome by his skill as a tactician, aided bv a corps of officers unsurpassed for their knowl- •dge of the art ol'attaek and defence, and by the indomitable cour- December 20.] PETITIONS FROM THE ARMY. 27 ETC of their followers. AVitli lialf his force left on the battle-field or in the hospital, and Willi less than six thousand men, altera series of desperate contests, he took possession of the city of Mex- ico, containing nearly two hundred thoussn;! inhabitants, and defended by the remnant of an army of more than thirty thousand soldiers. I confess 1 know nothinf; in modern warfare which ex- ceeds in brilliancy the movements of the American army from the gulf to tlio city of Mexico. I shall not attempt to speak of them m the language of enlogiuin. They are not a fit theme for such comment. Like the achievements of General Taylor and his brave men on the Rio Grande, at Monterey, and Buena Vista, th» hiirhest and most appropriate praise is contained in the simplest statement ol' facts. Mr. President, the gallant achievements in the valley of Mexico, to which I have briefly referred, were due to the chivalrous men, whose names aie signed to this petition, and to their gallant a.sso- ciates in the field. The names of the volunteer officers, who .so nobly distinguished themselves, are not borne on the petition. The subject concerns the regular army only, and the petitioners belong exclusively to that arm of the .service. At the head of the first I find Winfield Scott, William J. Worth, John A. Quitman, Gideon J. Pillow, David E. Twiggs, James Shields, George Cad- wallader, and Persilbr F. Smith, all general officers; Harney, Clark, Riley, and Garland among the colonels; and among the field and stafl", and lower commissioned grades other names, too numerous to mention, which those who bear them have, by their gallantry, made familiar to their countrymen. I have already said, that this petition was signed at Puebla, almost at the mo- ment the armv commenced its march from that city for the valley of Mexico. Sir, it is more than )irobalile, that the last time many of these gallant men held a pen was to inscribe their nittiics upon this petition; and when this appeal to their countrymen was made, in full confidence, doubtless, that their prayer would be heard, their hands tbenceforlh, dealt only with the weapons with which they were vindicating their country's honor in the field, and which none but death, the conqueror of us all, could wrest from their grasp. Mr. President, I will not undertake to give a summary of the contents of this petition. It is very brief; preparing, as the peti- titioners were, for the unequal contest which awaited them, and of which, perliaps, thev ah.ine did not doubt the issue, they had no words to waste, even on the subject nearest to tl\eir hearts. I will read it, with the Senate's permission, in their own language: *' To the Scnfitr and Jioysr «/ Rrprpfinttiififi'.^ f)f ttic United Stnte.-t of Anierira : "We. tlie nudersigrieil, 0lTif<^is of the United States Ariny, beg leave, most lespecl- fully, to lepre-r-iit tu your lioiiorahle hoslies, tliat many of ub are married, and have left wives and children at home, dependent upon ns ; that we art- constantly ex po=ied to danger and sudden death, not only on tlie field of hattle. bnt by e.iiposnre to unheuhby and rieartly climale« ; and thai in yoing to llie tight, many of us iiave our hearts de- pressed by the melancholy conviction that, if we fall, our wives and children will he neiplessly thrown on the cold charities of Ihc world. ■• We most respectlully ask onr conutr}' to give us the a.ssurance. if we offer up onr lives in her service, that she will prn\ i.lc for our dcslitute widows and orphans; aud thai she may do so, we hunihly petition your hoitoralde bodies lo )»ass sucli a law as von in yonr wisdom shall deem just — as shall give to the wives and children of ottieers aud soldiers dying in the service of their country, pensions iluring the natund lives or widowhood of the wife, aud during the niinorily of llie children ; aud your petitioners, as in duty hound, will evergralefullv piay. ■• Puebla, Mexico, Angus! 1st, Ir'^T." It is due to General Scott to say, that in signing the nctition, he added these words : " Without any desire of procuring for my own family any conlingenl benefit fioiu ihe proposed change in the [lensinn laws of llis army, I enllfa'y concur in the reason- ableness of the foregoing peliliou. and can see no mililaryor other objection toils being signed and presented." General Quitman also signs with the following addition: " 1 approve the measure of placing the regular army on the same footing with the navy aud voluuieers," This remark of General Quitman explains sill. The army is not on an equally favorable footing, in respect to widows and orphans, with the navy or volunteers. Without complaining of the in- equality, the petitioners respectfully ask that it may be rectified. Mr. I'resident, I have no doubt that in reading and signing this jietition, the recoUection'of wives and children, thousands of miles »way, many of whom were to become widows and orphans bclore this last missive could reach the capitol, was to the signers far more trying than the scenes of danger and death on which they were about to enter. If it was to them a moment of weakness — the only weakness pardonable to gallant men — the memory of a duicn battle-fields attests that it was the last. Some of them sleep in honorable graves; .some are lying on beds of sickness in Mexico; many are still in the field, ready, as ever, to peril all in their country's cause ; and others — I am sorry to say not a few — restored to their hoines, are dragging about their scarred and mangled limbs, in the face of their friends and kindred, with lives held by the frailest tenure. But, sir, I have said enough. It would be to distrust the right feeling of the Senate, to say more. Less I could not say, in jus- tice to myself, with this paper before me, on which I recognize the names of numerous friends and former associates, many of whom we shall see no more. It gives me pleasure, not unrainaled with pain, to present their petition : and if the presentation has been ac- companied with the manifestation of more feeling than becomes the performance of a public duty on this floor, I am sure it will be ascribed to the right cause. I will conclude, sir, by reading to the Senate, an extract of a letter enclosed with the petition, with the single remark, that it was written, in behalf of the army, by Major Harvey Brown, a gallant officer, with whom I had the pleasure of being acquainted many years ago, in the stafl" of a former com- manding general of the army. It is dated at the National Palace, in the city of Mexico, on the 1st of October, two months after the petition was signed. " I would also call to your notice the melancholy fact, thai many of the otficcis, who have signed Ihis petition, have since gloriously fallen in the servii,e of their country, leaving destitute widow s and helpless orphans. And, being dead, they now emphati- cally speak, saying: ' We have oflered up our lives to our country, and we now call u|)onherlo provide a decent coini»efence for our bereaved widoivs aud faUicrless children.' " Is it too much. Mr. President, to ask that these petitions, with the names attached to them, may be printed? I know it is not the practice of the Senat.j to print petitions. But these are something more. As far as they go, they are lists of the galhint living and the honored dead in Mexico, I make the motion to print. The memorials were then referred to the Committee on Military Ati'airs, and ordered to be printed. Mr. YULEE presented the petion of Isaac Varnes, senior, pray- ing indemnity for losses sustained in consequence of the occupation of his property as a military post, by troops of the United States; which was referred to the Committee on Military Aflairs. Also, the memorial of Joseph Knox Boyd, praying comp^sation for his services in the recapture of the United States frigate Phil- adelphia, in the harbor of Tripoli, in the year 1804; which was re- ferred to the Committee on Naval Affairs. Also, the memorial of William A, Christian, a Purser in the Navy, praying the allowance of certain items, suspended by the accounting officers in the settlement of his accounts, for payments made to the acting forward oflicers on board of the United States steaiuer Princeton; which was referred to the Committee on Naval Affairs. Also, the memorial of John Crosby, in behalf of the children of Andrew D. Crosby, deceased, late a Purser in the Navy, praying that they may he allowed a five years' pension; w hich was referred to the Committee on Pensions. Also, the memorial of John Crosby, administrator of Andrew D. Crosby, deceased, late a Purser in the Navy, praying to be allowed a credit on his accounts for payments made to certain acting for- ward officers on hoard the United States ship Ontario; which was referred to the Committee on Naval Ati'airs. Mr. CASS submitted documents relating to the claims of A. Kearsley, receiver of public lands at Detroit, to compensation for extra cierk hire in bis office; which were referred to the Committee on Public Lands. Mr. DIX presented a memorial of citizens of Oswego, prayinir that a drawback of duties may be allowed on wheat imported from Canada into th« United States, when manufactured into flour and exported; which was referred to the Committee on Commerce. Also, the memorial of Bftijamin J, Cahoone, a Purser in the Navy, praying the reimbursement of money advanced by him on public account; which was referred to the Committee on Naval Affairs, Mr BADGER presented a memorial of the Religious Society of Friends at New Garden, North Carolina, praying the adoption of measures for the immediate termination of the war with Mexico which was laid upon the table and ordered to be printed. On motion by Mr, RUSK, it was Ordered, That the petition of Wm. H. Premiss, on the files of the Senate, be referred to the Committee of Claims. On motion by Mr. JOHNSON, of La., it was Ordered, That the petition of Bailie Peyton, on the files of the Senate, be referred to the Committee on Private Land Claims. On motion by JOHNSON, of La,, it was Ordered, That the petition of W. H. Bassett, on the files of th« Senate be referred to the Committee on the Judiciary. On motion by Mr. JOHNSON, of La., it was Ordered, That the petition of Abner L. Duncan, on the file* of the Senate, be referred lo the Committee on the Judiciary. On motion by Mr. JOHNSON, of La., it was Ordered, That the documents on the files of the Senate, relating to the claim of William De Buys, be referred to the Committee on the Post Office and Post Roads. On motion by Mr. CLAYTON, it was Ordered; That the petition of Bettriah Healy, on the files of tho Senate, be referred to the Committee on Pensions. On motion by Mr. UPHAM, it was Ordered, That the petition of Abigail Garland, on the files o( the Senate, be referred to the Committee on Pensions. On motion by Mr. YULEE, it was 23 RESOLUTIONS OF LEGISLATURES. [Monday Ordered, That the petition of A. H. Colo, on the files of the Senate, be referred to the Committee on Military Alfairs. On motion by Mr. YULEE, it was Ordered, That the pelition of certain claiman's for remunera- tion for supplies furnished to Florida Militia in the Seminole war, on the files of the Senate, be referred to the Committee on Milito- ry Aflairs. Ordered, That Throckmorton and Bent, St. Vrain and Compa- ny, have leave to withdraw their petition and papers from the files of the Senate. NOTICES or BILLS. On motion by Mr. YULEE, it was Ordered. That the pelition of John G. Sanchez, administrator of Frances R. Sanchez, on the files of the Senate, be referred to the Committee of Claims. On motion by Mr. MASON, it was Ordered, That thu pelition of Pearson Cogswell, on the riles of the Senate, bo referred to the Committee of Claims. On motion by Mr. ATCHISON, it was Ordered, That the petition of Henry M. Shreve, on the riles of the Senate, he referred to the Comniittpe on Commerce. On motion by Mr. FAIRFFELD, it was Ordered, Thai tho petition of Jcsscp D. Elliott, the petition of Thomas Brownell, and the petitiiMi of James Mcintosh, on the files of the Senate, be severally referred to tlii; Cnminitiec on Naval Affairs. On motion by Mr. DOWNS, it was Ordered, That the memorial of the members of the Bar at New Orleans, on the files of the Senate, be referred to the Committee on the Judiciary. On motion by Mr. DOWNS, it was Ordered, That the petition of John Milikin, ,Vnn H. P. Lawson, and otiiers, on the files of the Senate, be referred to the Commit- tee on Public Lands. On motion by Mr. DAVIS, of Miss., it was Ordered, That the petition of Clements, Bryan and Company on the filesjnf the Senate, be referred to the Committee of Claims. On motion by Mr. DAVIS, of Miss., it was Ordered, That the petition of Henry Childs, on the files of. the Senate, bo referred to the Committee on Pensions. On motion by Mr. JOHNSON, of Maryland, it was Ordered, That the petition of John L. Worden. on the files of the Senate, be referred to the Committee on Naval Afiairs. On motion by Mr. JOHNSON, of iilaryland, it was Ordered, That the petition of Gustaviis B. Horner, on the files of the Senate, be referred to the Coiiimittec on Revolntionary Claims. On motion by Mr. JOHNSON, of Maryland, it was Ordered, That the petition of the lecal representatives of Ethan Allen, on the files of the Senate, be referred to the Committee on Kevolutionary Claims. On motion by Mr. JOHNSON, of Maryland, it was Ordered, That the pelition of Stephen Champlin, on the files of tlie benate, be referred to the Committee on Naval Affairs. On motion by Mr. JOHNSON, of Maryland, it was Ordered, T\M the petition of the heirs of Caleb Swan, on the tiles ol the Senate, be referred to the Committee of Claims. On motion by Mr. JOHNSON, of Maryland, it was Ordered, That the petition of Cohimbns Alexander and Then. miuerrciaims".'''^ '''■' "'' ""■ '''""''■ '^ -""'■'■'' ^ "^ ^otn- On motion by Mr. JOHNSON, of Maryland, it was O'-dered, That the petition of Maria S. Nours«, widow of 'o. ter:,. Cla7,n's.°" ''' '•''" °' "" "'"'"'•' '"^ ''''''■'■''' '" "- ^"™^""- On motion by Mr. CORWIN, it was Sena''t'l"'h'';Jr''" '!'" ^TT "'' •^™''I''' ^''^''^''«< <•» '''« dies of the senate, be rclerred to the Committee of Claims. On motion by Mr. DIX, it was Se^afe'Te're^f!?" I'f TT "f .''''"""''l Grice, on the files of the senate, he relerred to the Committee of Claims. Messrs. MANGUM, DIX, CRITTENDEN, severally trave notice, that on to-morrow, or at they woul3 ask leave to introduce sundry bills. and FOOTE, ;ome early day, On motion by Mr. ATCHISON, it wa. RESOLUTIONS OF STATE LEGISL-^TURES. Mr. BALDWIN presented a preamble and resolutions, pa.^sed by ihe Leffislature of Connectiout, in favor of the construction of a railroad from Lake Michigan to the Pacific ocean, according to a plan proposed hy Asa Whitney, a citizen of New York ; wlich were read and ordered to be printed. Mr. UNDERWOOD, in presenting a report and resolutions adopted by the Legislature of the State of Kentucky, requesting the Senators and Representatives of that State in Congress to ui-ijc upon that body the importance of passing such laws as will enable the citizens of slaveholding States to i^ecover their slaves when escaping to the non-slaveholding States ; which were refer- red to .the Commitlecon the Judiciary ; remarked, that during the last summer a case had cnme somewhat under his own observa- tion, which he begged here to present to the notice of the Senate. A gentleman named Duncan had some time previous removed from Kentucky into Missouri; he lost a slave and followed him into Detroit, and there arrested hiin. The slave was taken from the pos.session of the owner there, and an action of trespass was insti- tuted against the claimant, on which the owner, in default of bail, at the instance of the slave, was put in jail. The slave was re- leased. The gentleman remained in jail until by correspondence with his friends in Kentucky a:id elsewhere,— he, (Mr. U.,) amongst the number, — he obtained satisfactory proof that he vyis the owner of the slave, and that the proceedings which had been commenced against him were altogether unjust. He took that opportunity to say that Mr. Norvell', late a member of that body, and without personal acquaintance with the gentleman thus put in jail at the instance of his slave, took an active part in procuring his release. But in the meantime the slave had escaped into Can- ada; and there was the end of the matter. He then moved that the memorial bo referred to the Committee on the Judiciary, in order that something might be reported which would meet the case. On motion by Mr. UNDERWOOD, it was Ordered, That they be printed. Mr. HALE presented resolutions passed by the Legislature of the State of New Hampshire in opposition to any legislation by Congress on the subject of slavery; or the extension of slavery in any territory which may herealter be acquired by the L'nited States; which were read and ordered to be printed. Also, a resolution passed by the Legislature of the Stale of New Hampshire, in favor of the passage of an act for the removal of the terms of the Circuit and District Courts of the United States for the District of New Hampshire from Exeter to Concord, in that Stale; which was ordered to be printed. Mr. NILES, in presentii^ a preamble and resolution passed by the Legislature of the Stale of Connecticut, declaring their oppo'- sition to the introduction of slavery or involuntary servitude, cxcejit as a punishment for crime, into any territory which may hereafter be acquired by, or annexed to, the" United Slates; which were read, said: I move, sir, that the resolutions which I have now submitted he printed. The preamble to these resolutions has no practical coniicLtion with the resolutions themselves. Whether the war proceeded from the act of Mexico or from the act of the President of the United States, is a matter which can have no in- fluence whatever upon the question' — as to the disposition of any territory which may be acquired in consequence of it; and I allude to this matter, sir, because I believe it was found embarrassing to the Legislature, and that it placed the minority of that body in a situation somewhat analcigr.us to that in which some of my friends over the way found themselves in relation to the law recocniziiii? the war with Mexico. They did not like tho preauible to that act, and there are many in my State who dislike this preamble quite as much. The majority there, like the majority here, were desirous that the act should not only be done, but done in a way in which they saw fit to have it done. The act passed, however, not- withstanding this repugnance to its preamble. However this may be, sir, I feci it my duty to say, as one of the Representatives of that State, that I have no doubt, that these resolutions speak the sentiments of the great body of the people of that State. With regard to the iircamblc, I think otherwise. The resolutions, I think, sir, speak the public sentiment ol the State, and this con elusion I do not form entirely from the action of the General As- sembly; still less, do I arrive at it from ihe tone of the party pres- ses of the Staie^ — they will probably lead me and every one to a dilfcreut conclusion — for I regret to perceive, sir, in the press on both sides in that State, a shuffling course is pursued, and an en- deavor is made to keep this question out of the sight of the peo- ple. An unwise policy, I think. But however much it is to be regretted that the question should arise here or before the coun- try, I apprehend that it does exist and that it will be impossible to avoid meeting it and looking it fnll in the face. For one, I December 20. J BILLS INTRODUCED. 29 could have regretted that the question shouhl have come here — have hoced that in some way it would have been kept out of this body, but we have aheady resolutions bringinfr up this question. We have, sir, the messajfe of the Executive one of the co-ordinate branches of the government, informinfr us that a part of Mexico now be- longs to this Union, and calling on us to establish a territorial go- vernment over it. Many persons have assumed the position to which I have referred, not I apprehend, lor the lastini,' interests of the country, but for temporary party purposes. Many have as- sumed this position; that the question would not arise because they were opposed to acquisition. Well, sir, that time has gone by; we are told that we have this territory and are called on to recognize it as a part of the territory of the United States, and to establish the jurisdiction of our civil government over it. In regard, sir, to this position which has been assumed by the Executive, I have nothing to say. I was somewhat .startled at it, sir. As to how far it can be maintained, we shall sec hereafter; for it will be broua-lil up for consideration in the course of the .session. But .sir. the other question i^i brought forward here, and we shall, I suppose, have it discussed. For one. sir, having felt it my duty at the last session to express my views in regard to it, it will be unnecessary for me to explain my course until the question actually comes up again. I certainly, sir, shall pursue such a course as I believe to be mode- rate and conciliatory and kind towards that section of the Union, with which I shall probably differ on this subject. But I cannot consent lo misrepresent mv constituents. I cannot mistake their sentiments. I cannot mistake what I believe to be their interests. I think the public sentiment of my State, and the public sentiment of the whole north, is that thoy will adhere fully and with the utmost fidelity, in guarding the rights of all the Slates on this ques- tion, so far as the constitution and public treaties have secured those rights — or in other words, that tliev will support the institu- tion of slavery as an .American institution, so far as the constitu- tion and public treaties have ctirried it, and given it a common ground. So far, sir, I believe the public sentiment of the north is well settled, and I believe it is equally well settled that they are not desirous by any action on their part to be instrumeiual in "en- larging the area of slaverv"' as it is sometimes called. I believe the sentiment is that there is no power in this government to do that, and if there were, it would be unwise and unjust to exercise it. This question will probably lead to some debate, and I hope it will be discussed as temperately as any other question which can come before tliis body. I hope it will be discussed with a pro- Eer rejard to the rights of the States under the constitution which indsthem together, and with a proper regard to the interests and honor of the whole country. For one. sir,. I flo not believe that there is any power in this government which can institute or origi- nate or sustain slavery beyond the limits where the constitution has carried it; .nnd if we are to go beyond the constitution, I am, as I have ever been, ready here and elsewhere, lo defend the posi- tions I assumed at the last session. Nor do I believe it would be consistent with the duty of this government, to acquiesce in the existence of slavery in fact, and without law, in any territory we may acquire. Nothing, in my opinion, can be more clearly unjus- tifiable: but the question presented in these resolutions is entirely distinct. It is a question whether this government shall become an agent in establishing or extending this institution. I will not detain the Senate further at this time. Ordered, That they be printed. Mr. ATHERTON presented resolutions passed by the Legisla- ture of the State of New Hampshire, in favor of the repeal of so much of the "act to establish post routes, and for other purposes,'' as enlarges the franking privdege and increases the postage on newspapers not sent from the office of publication; which were read and ordered lo be printed. Also, resolutions of the Legislature of New Hampshire, tender- ing the thanks of that State to Major General Zachary Tavlor and Major General Winfield Scott, and to the bravo officers and sol- diers under their respective commands, for their distiiinuished and gallant conduct during the several engagements with the enemv, by whose act the war now exists; tendering sympathy to the friends and relatives of the brave men who had fallen; declaring that the course of our government has been marked by a spirit of forbcr- ance and conciliation, until the actual invasion of our territory: and recognizing in the measures of the national Executive a .spirit of justice and a desire for peace, but, at the same time, wisdom, statesmanlike forecast, and patriotic energy; which were read and ordered to be printed. Mr. SEVIER hoped that the. motion of the honorable Senator from New Hampshire to print would be withdrawn; or if tliat were not in order now, that a reconsideration of the question miglit l.c agreed to, in order that the resolutions might be withdrawn. A Sen.\tor. — Why ? Mr. SEVIER. — Because it is entirely an unnsal course of ]iro- cedure. I have never known it to be done in the Senate, Mr. ATHERTON. — I have certainly no desire to do any thing in the slightest degree in contravention of the established practice of the Senate. But I suppose that according to the practice, re- solutions passed on general subjects, as these have been, may be presented to Congress although no express clause to that effect may be contained in them. I have no doubt that it was the de- sign of the members of the Legislature that those resolutions should be presented to Congress. The resolutions were sent to me by them, and I presume, sir, that it was designed that all of them should be presented. I believe thty; a copy of them were sent to my colleague. Supposing it to be the expectation of the Legislature that these resolutions should be presented, I thought it my duty to present them. If, however, that procedure be contra- ry to the usuiil practice of the Senate in presenting resolutions unless there be an express request that they should be presented I have certainly no wish to press them. I have supposed that in the course which I have taken, there is nothing in contravention of established order. I am not aware that resolutions have been excluded on account of the absence of a special request that they should be presented. Resolutions, for instance, approving of the votes of Senators and Representatives, or instructing Senators and Representatives to pursue a certain course in rejjard to the dis- charijc of their duties, have been frequently presented to Congress, although thev contained no special request that thev should be laid before either House ol Congress. These resolutions on general subjects mitiht , 1 .supposed, be presented. I shall be guided entirely, however, by the opinion of older members of the Senate, and if it be thought that these resolutions should not constitute a precedent, I shall withdraw them. The motion to reconsider the motion, by which the resolutions referred to were laid upon the table, was then put and adopted. The question recurring on the resolution to print, Mr. ATHERTON rose and said: I will withdraw the resolu- tions for the present, for the purpose of examining the subject, and on more mature consideration will determine whether they ought to he presented or not. , JOHN R. BRYAN, .ID.MINISTB ATOR , ETC. Agreeably to notice, Mr. MANGUM asked, and obtained leave, to brinir in a bill for the relief of John R. Brvan. Administrator of Isaac Garrctsoii, deceased, late a Purser in the United States Na\y; which was read the first and second times by unanimons consent, and referred to the Committee on Naval Affairs. CORRECTION OF ERRORS IN SURVEYS. Agreeably to notice, Mr. FELCH asked, and obtained leave, to bring in a joint resolution relating to erroi s and defective re- turns in certain surveys, plats, nnd field notes; which was read the tirst and second times by unanimous consent, and referred to the Committee on Public Lands, CO.MPENSATION TO JOHN IVI. MOORE. Agreeably to notice, Mr. BREESE asked, and obtained leave, to bring in a bill to compensate John M, Moore; which was read the first and second times by unanimous consent, and referred to the Committee on Public Lands. INDIAN RESERVATIONS. Agreeably to notice, Mr, BREESE asked, and obtained leave, to bring in a bill authorizing persons to whom reservations of land have been made under certain Indian treaties to alienate the same in fee; which was read the first and second times by unanimous consent, and referred to the Committee on Indian Affairs. UNITED STATES COURTS IN VIRGINIA. Agreeably to notice, Mr. MASON asked and obtained leave to liriniT in a bill to change the time of holding the district courts of the United States for the western district of Virginia, and for other purposes; which was read the first and second times, by unani- mous consent, and referred to the Committee on the Judiciary, RIRHT OF WAT TO ILLINOIS. Agreeably to notice, Mr. BREESE a.sked and obtained leave to bring in a bill to grant to the State of Illinois a richt of way through the public lands, and for other purposes; which was read the first and second limes, by unanimoiLS consent, and referred to the Committee on Public Lands. nOUNTY LAND CLAIMS. Agreeably to notice, Mr. UNDERWOOD asked and obtained leave to bring in a bill to allow further time lor satisfying clauiis for bounty lands for military services in the late war with Great Britain, and for other purposes; which was read the first and sec- ond times, by unanimous consent, and referred lo the Committee on Public Lands, GRANT OF LAND TO LOUlSlA.NA. Agreeably to notice, Mr. JOHNSON of La., asked and ob- tained leave to bring in a bill to grant to the State of Louisiana certain lands for internal improvement; which was read the first and second times, by unanimous consent, and referred to the Com- mittee on Public Lands. OVERFLOWED LANDS. Mr. ASHLEY submitted the following resolution, which was considered by unanimou* consent, and agreed to : 30 MR. CALHOUN'S RESOLUTIONS. [Monday, littotrtd. That llie Secretary ofllif TreMurjlie dirpi'lFil to infonn the Sinatf of llic rea-oni w)iifh have prex-ented liU coiiiphance with a rc-M>liilioo ntloptetl by Ihf S«-iiale the 1 llh February, It^ti, at tlie first session of the ^"Jth Congress, in tiie following wonl«, to wit ; • Rtgnlred, That the Secretary of the Trea'.ur^- hi- Uiax-l4-i and Arkanss'^ rivers, lyin;; iMftween and iaeluded within the bounifarii-^ tbrniol by tho>e risers, the I.ttui>iana line and (he Hi^rhtands we^twan! of the landu »o overflowed; and that he 'report the amonnt n^■c■l•^ j»Rry to piotecl those land from oveidiiw, lo^'elher with a plan fur that ohjeel. at ihe preteni session ofCoo^ref-. rRl.VTlNG OF MAP.'!. Mr. BREESE saiiJ ; — A few days a: discussion, ^ow I do not think that it would be treatini: my rcsoluiions fairly, Jl, after having fixed a day for ihcir consideration, the day immedi- ately preceding should Lo set apart for the consideration ol ollicis which must give rise to discussion, in consenuenco ol winch nunc mav bo cut off. If the .Senator wishes to be heard, he can be heani on any intermediate day, or on tho morning immediately after the day set apart for the consideration of my resolutions. Mr. DICKINSON.— I do not intend to supersede the Senator m any other sense than I indicate. I was without tlie bar when I learned that the .Senator's resolution was under consideration, and I ini|uired whether the motion made by the honorable Senator in- cluded the resolutions which I had the honor lo submit. J he reply was that they had been passed over informally, and were not em- braced in tho motion of tlip Senator. It was then remarked by the Senator that tho propositions were independent, and that mine could be set down for an earlier or later '.day. I therelore. in arcordanee with his suggestion, moved an earlier day, which was, I think, treating his resolutions with fairness and courlesyj whilst, according to his own rule, mine were treated rather unfairly, for I postponed their consideration till after the holidays, in order to meet the convenience of the Senate. I am willing that they should be set down for an earlier day; but the holidays are approaching, and I desire an opjiortunitv to explain the resolutions, before 1 Jesire an oppc exiiUiin I 'r discussii shall be superseded' by any other discussion. I do nol know that any other Senators wish to speak on the resolutions. If they do, the further consideration of tho resolulions can be postponed till the others shall have been discussed. I am (|uite willing to con- sent to such an arrangement. I desire only, as I have said, an opportunity to stale my views in explanation of tho resolutions bolore the 'i|iicstioii is embarrassed and superseded by other ques- tions supposed in the public niinil to have a similar bearing. At the suggestion of tho Senator himself, I moved that the considera. tion of my resolutions should be fixed for a certain day, and under that impression 1 voted for making his the order for Monday, nol imagining of course that I was to be foreclosed and superseded. Mr. CASS. — The suggestion of the Senator from Arkansas is entitled to consider.atioii7 We art all aware that the President has submitted to Congress tho necessity of additional military forces, and the Military Committee has had no opportunity to ex- amine the subject, but will soon meet and take it up. I hope, whatever lime may be fixed for the consideration uf llicso resolu- tions, it may be distinctly understood that they are not to stand in the way of public business of a more pressing nature, demanding tho immediate attention of Congress. I do trust that it may be distinctly understood before an order is made on this subject, that it will not be superseded by any other matters. I must be allowed to say. with regard to the resolution of tho honorable gentleman from South Carolina, with the grciitest deference to his opinions, that I myself do not see its practical importance. I am perfectly willing to hear the views of tho Senator. I know that they will be intelligent, striking, and that they will go to the public with tho great weight of his character; but I must say that there is no man in this nation in favor of the cxtinelion of the n itionality of Mexico. The Executive has indicated his views, and they are totally inconsistent with tho the extinction of the nationality of Mexico. With respect to the lesoiiition I have nothing to say. But I must remark th;it I do think that it lb excecdinglv unwise, at this stage of the prosecution of the war in either branch of Congress lo s.ay what we will do, or what we will not do. We may bo driven from Mexico to raor. row — it is not a very likely event. — -but how would we look in the eyes of ihe world in that case, after having declared that we did not mean to seize the whole of Mexico. If the resoultion be in- tended as a vcldcle of the opinions of the Senator from South Ca- rolina, I shall hear him with a groat deal of pleasure; and his views will. I ddtibt not, have great weight in the country; but I shall oppose any vote on tho subject, as that would be in my Judg- ment unnecessary and impolitic. Mr. CALHOUN, — I should be very glad indeed In ihink wiih ihe honorable gentleman from Michigln, thai there is iii> person in th:; country who thinks of the extinction of the nalionalily ol' Mcxicc . Why, you can hardly read a newspaper without linding it lillcd with speculation upon this snbjcct. The |irocec(liiigs tliat look place in Ohio, at a dinner given to one ol the volunteer o licers of tho Army, returned from Mexico, show conclusively that the im- pression enterlained by the persons present, was, that our trioiis would never leave Mexico, iinlil they had coiupicio.l ihe wIidIc <:oiinlrv. This was the senlinicnt advanccil bv tlie oliicer. and en- dorsed by the official paper i^f that slate Biii this is not the puii.t. The ipicstion is not now whelhersueh a thing is conlcni|ilated. 1 ottribulo no such motive to any one. I look at tho progress of events. I look at what is jiroposed and the end ol' it — those eonsc- ■{Uunces which I propose to aveit by (his rcsoluluion Sir, let any man look at the jirogress of this war — let him <:oiisidev how we "ol into it, not expecting to gel into it ut all, for certainly the Kxeuiilive olticcrs exjiressed, in the strongest miinner, their, conviclion that thoro was not the slighlest hazard of war at the time when our troops marched to tho Bio Grande. What nexl ' Alter the war was commenced we were told that the government was to conquer a peace, and what have we bten told since ? That we must carry on the war vigorously. Where is this to end ? The whole pro- gress towards the accomplishment uf this avowed object of the President, to conquer a peace, has been marked by an earnest desire eagerly to prosecute the war, until we find ourselves where no man expected. Sir, instead of being an abstraction, these reso- lutions are eminently practical; they are so intended lo present to Ihe jicople of this country a /jnu/c, probably not now anticipated, liiii which will come if proper ffrecautions be not taken. It is while the public mind is yet sound, and while the Senate, as I be-, licvc, is prepared almost unanimously to vote against such an end of the war, that I wish this expression of opinion to be made. Sir, we begin now tn find the misfo'tune of entering into a war without a declaration of war — without a declaration setting forth to the people the causes of the war, and one upon which they may hold the government responsible. We have got into a war by a recognition of war, and not a declaration, and hence the necessity for this resolution, to negative a result which we do not eontem- jilate. No, sir, it is as practical as any measure that can be brought forward — for, until the question, which arises upon these resolutions is decided, we shall be at a luss to know what amount ol supplies, how many men, and how much money to grant. If it be declared, that it is not intended to contiuer Mexico so as to destroy her nationality — this will throw a great deal of light upon our vote; but if it be contemplated to do this, then inore men, and more money will be required; and hence the decision upon these resolutions is the preliminary step to be taken. Sir, it was a good old practice in the early stages of this government, when the President ol' these United Slates sent an address to Con- gress, that an answer to that address was prepared in a Com- mittee of the Whole, and tho whole affairs of the nation were dis- cussed before any measures were adopted. That is the course pursued in the British Parliament, and in the French Chamber of Deputies. That practice has been dropped, and the various sub- jects now come before us piece-meal, and are referred to commit- tees', and wc have no oppoi tunity of knowing what the state of the Union is, until we are called on to vote upon the various prop- ositions so submitied. Now. I hope that a discussion will be had, if discussion be necessary, and that a vole will be taken; though, if what I hear from the .Senator from Michigan be correct, that no man contemplates the entire conquest of all Mexico, then w'6 need not have a long discussion, and it will bo very satisfactory to my- self at least, and 1 believe it will be highly satislactorv to tlie people generally, to have it declared that such a thing is iiot con- templated. Mr. CASS. — I do not see that the Senator from South Carolina lias changed the question. He speaks of the objects of the war. If by this IS meant the objects to be attamed by the prosecution of the war, every man, woman, and child in the country can under- stand them. They are security and indemnity. All we seek of Mexico, to use a phrase a good deal reprobated, is to conquer a peace. That is the object that we have in view; we seek to pro- vail upon the Mexican government to consent to an amicable ad- justment— ^that is the object sought by the nation, and I do not see how it is to be attained by such resolutions as these. Now the honorable Senator says, that the decision of these resolutions may guide us to the amount of force to be raised. I take it, sir, that most of us in the Senate, the Executive, and a great majority of this nation, intend lo go on with the war imtd Mexico will consent to an honorable jieace; and 1 take it, that amajorily of the Senate, and of the House of Representatives will vote the necessaiy means for this purpose. Now, wl at we are willing to do at one 'time, we may not be willing to do at another; we may accept to-day what we would refuse to-morrow; and we migh*. have accepted yesterday perhaps, what we would have refused to-day. The course of obstinate infatuation on the part of Mexico, if persist- ed in, may compel us to do hereafter far otherwise than we would do now. I am not for agitating the question. When the time comes that we shall be called on to act constitutionally and law- fully ; let us then act, but not by a previous declaration. Tho ho- norable Senator says, tluat at a certain meeting, a proposition was made that Mexico must be altogether annihilated ; what, then, is it necessary for us lo declare that such is not the intention ? Some- linio .since, a resolution was offered for annexing Cuba* to this cnuntry, and yet nobody thought of offering a counter resolution I'lat it should not be annexed ; and if a proposition were made any where that England or France should be annexed to this couiitry, there would be no necessity to bring forward a resolution in oppo- siiioii to it. It seems lo me, that the*.e resohitioiis have no prac- tical bearing, or if they have, that this is not the time liu- ilicii ilis- eussion. I leave tho question. Mr NTLES — I have ahvay.s been opposed to wasting much time on the discussion of abstract propositions, in which light I regard these resolutions, and especially the one of my honorable friend Irom New York. The discussion ujion that resolution would not shed much light upon the principal question, which can onlv come up on a Territorial bill or a treaty. I regard the resolution of the honorable and distinguished Senator from South Caralina, as pret- ty near an abslraction. That honorable Senator is rather fond of abstraelions, and probably he has introduced a good many of them 111 tho lorm of resolutions hero. There docs appear lo me, sir, to be aniimate connexion between the two great questions presented 111 those resolutions, and the whole legislation upon these subjects December 20.] THE LATE GEORGE C. DROMGOOLE. 33 in regard to our peculiar, extraordinary, unexampled relations with a neighboring power. We are called on by the Executive, in the discharge of his high functions, to provide additional means for tho prosecution of this war — and with tlie view, as he tells us, of se- curing an honorable peace. Well, sir, in regard to tho general proposition, I apprehend that there will be very Utile diversity of opinion here — I should hope so, sir, at least, for even these honora- ble gentlemen who, some of thoui, I believe, think that this war origina.ed unnecessarily and somewhat aggressively on our part, must nevertheless see tho eonditition the country is in, and that whatever may have been the origin of the war, cannot now very materially bear upon the question. We must sustain the national character — we must in .some way bring this war to a conclusion. Well, sir, if the proposition of the honorable Senator have a direct and practical bearing upon the bill which may come before us in ]>ursuance of the recommendation of the President, then, sir, per- haps we may as well meet this great question in this form as in any other I should think that the decision of the Senate upon the two questions which these resolutions present, would be matter of some importance to the Committee on Military Affairs, and would give some degree of direction to the course of action devolving on them, and in regard to the additional propositions which it may be their duty to bring before us in the prosecution of this war. As I have already observed, all parties will agree that this war should be brought to an honorable conclusion. What is an honorable con- clusion of the war ? Some may think that we have acquired honor enough already in its prosecution, and that we have prosecuted it .as far as is justitiable. There are but few, however, who think so. We want a treaty of peace; the war must be prosecuted for that object, and it is a legitimate object; but at the same time we who represent the interests of this great nation have, or ought to have, some little sagicitj'. We must look at this actual condition of things and see what will be the result of pursumg this matter — and this question is distinctly presented in ihe second resolution; that is, what line of policy in the prosecution of this war may lead to a result which will be much more important — much more sol- emn in its consequences than the attainment of an honorable peace. May not such a result follow ? Is there not reason to fear it and if so it may not be amiss to look at it in advance, and as preceding the preparations which it may bo necessary to make for the prose- cu: ion of the war. I believe it to be the general sentiment of this bodv, that the conquest of this extensive country is not desired. The next question is, whether wo may or not be thrown into a position in which such a result will become almost inevitable. The Sena- tor from Michigan tells us we cannot see the end of the war — that we cannot now say what the terras of peace should be, be- cause, what might be suitable at this time, might be very unsuit- able at another time. Well, then, would it not be well to examine and see how we are best to secure the object we are all aiming at, that we may not be drawn into tho necessity of taking possession of the whole of Blexieo ? ■ Now, both of these questions are pre- sented in these resolutions, and the last one I regard as being of the great importance, and there may be dilTieulty in acting upon it, because there is nothing deficient in the terms of tho resolution itself by which we are to reach the end desired. I believe I may say that we all wish to avoid the probable contingency whereby we shall be under the necessity of taking care of the whole popu- lation of that country and extending our jurisdiction over it. Now these are great questions, wSich cannot be too carefully consider- ed. I am not for abandoning this war, but at the same time. I cannot but see that every step we take in the conquest of this country but increases our difficulty and rende.s the adjustment which I have alluded to a subject of greater difficulty. Sir, no one can mistake that it is the sentiment of the armv, and the array of this country is now of sufficient importance to speak, and to be heard and felt; it is evidently, I say, their sentiment that this war is only to end with the entire conquest of Mexico. I have read the proceedings of the meeting to which the honorable Sena- tor alluded ; I read them with the most profound regret. — Sir, wo hear from our countrymen abroad in the service of their country, (and we hear the same from several quarters,) that we cannot make peace without the subjugation of the whole country. When we see that these things" are so, and that this is likely to become the prevailing sentiment, is it not time to view matters carefully, and to proceed with caution? I think so, for one. It is not necessary to go farther into this sub- ject; it is not necessary to look at the consequences that will result to our institutions; it is not difficult to seg the unhappy condition in which this country will be placed, Efhd the alarnimg results which will follow from a change so great, so momentous, in our political condition, and in the extent of our territorial possessions. Sir, I think there is some p.opriety in acting upon these proposi- tions in advance of acting upon measures connected with this war. I certainly should not have proposed anything of the kind myself, but being here, I cannot see, lookuig at the signs of the times, but that there is a manifest propriety in examining these questions. I am one who think that we ought to have indemnity from Mexi- co ; that we ought to prosecute the war with the end of obtaining indemnity if there be -any reasonable prospect of getting it by a far-" t her extension of our conqests. But if there is not such a prospect — if we have already proceeded far enough to be convinced that peace is not to be obtained by extending our dominion, then comes the grave question, whether we shall "fall back upon soite such iiropo- sition as that which was offered by the distinguished gentleman from South Carolina at the last session, and content ourselves with the occupation of a portion of ther territory, or whether we will 30th Cong. — 1st Session — No, 5. make the calamities af war fall with increased force upon the ene- my, and then induce them to make peace But will they be in- duced to do this by breaking up the tragments of the government they have, and resolving that country into the primitive condition of a population without a government ? I think it involves a se- rious doubt, whether, after we have done that, we shall not be further from the end than we are at present. I will yield my ob- jections against diverting the attention of the Senate to the dis- cussion of abstract propositions, so far as these propositions have a bearing upon the subject that may come before us for our consi- deration. Believing this to be tho case in regard to one of these propositions, 1 shall not offer any opposition to its discussion. I hope it will come up at an early day. I know there are import- ant matters of business, important bills, one of them in relation to our foreign mail service, which I hope will be considered at an early day, and I greatly fear that if these two propositions arc taken up, the discussion will consume a month, at least, of our time, before we can do anything in regard to these important mat- ters of business. Mr. DICKINSON. — Anxious as I am to obtain discussion upon the resolutions I offered, I do not wish them to interfere with matters of legislation ; nor shall I discuss them as some others seem inclined to do, before they are under consideration. The Senator from Connecticut, [Mr. Nii.es,] thinks they are abstrac- tions. I believe, sir, I can call that Senator as a witness, and dis- prove his allegation. That Senator is at all limes severely prac- tical, and yet, on presenting resolutions of his Stale this morning, he proceeded to discuss the subject embraced in my resolutions at great length, and with his usual ability. Now, sir, had these re- solutions been abstractions I am sure they would not have thus re- ceived the Senator's notice, for the reason that he does not gratui- tously discuss abstractions. I do not complain of this departure from the usual com'se, for it was doubtless agreeable to tho Senate to listen to the learned Senator, as it certainly was to me ; but I ad- adduce it as the highest evidence that my resolutions are not abstrac- tions. The resolutions are eminently practical; they relate to subjects of legislation which have agitated the country for two vears past, and upon which we must act. I did not bring the slavery question here. It is here from every Slate in the Union, in some form. I bring a proposition to transfer it from here, with all its disturbing consequences, to the local communities where it belongs. If it could be thus disposed of, a greater good would be accomplised than if we were to pass all the bills which can be brought before this body. I will add, sir, that, in conversing with the "honorable Senator from South Carolina an arrangement, which is entirely sa- tisfactory, has been agreed upon, and, therefore, I withdraw my motion to make the resolutions which I have offered the order of the day. EOTJTE TO CALIFORNIA. The Senate proceeded to consider the following resolutions sub- milted on Thursday last by Mr. Pearce, and it was agreed to ; Rcnolrcd, TIjat. one thousf certaiji widows. THK PATENT LAWS. Mr. WESTCOTT submitted the following resolution, which was considered by unanimous consent and agreed to : Hetolvrd, Tliat llie Co.nmlltee on Palenl* and llie \'MtM Oliiee lip instnii-lecl li> cnquin- wlicrhcr anv nmilllicalion of llii- present laws rc-lalinj 10 Palenls and the Pa- tent Office \)€ e\|ieiitenl. AIIDITIONAL TBOOrS. Mr. CASS, from the Committee on Military Alliurs, reported a bill to raise, for a limited time, an additional luiblury force; whicli was rend and passed to a second readiiii;. Mr.'<;ASS gave notice that he would call this bill up i first opcortimity, after it should have been printed. COLLECTION DISTRICTS. Mr. DIX, from the Committee on Commerce, to whom was re- ferred the bill concerning certain collection districts, and for other purpo.ses, reported it without amendment. APPELLATE JURISDICTION. Mr. ASHLEY, from the Committee on the Judiciary, reported a bill supplementary to the act entitled " An act to regulate th» exercise of the appellate jurisdiction of the Supreme Coiirt, in cer- tain cases, and for other purposes;'' on which he asked for speedy action of the Senate, as the bill was applicable to eases now pend- ing before the Supreme Court of the United States. It was in- tended to remedy a defect in existing laws on the subject. The bill having had its first reading, was then read a second lime, by unanimous consent, and considered as in Committee of the Whole, and no amendment being made, it was reported to the .Senate. Ordered, That it be engrossed, and read a third lime. The bill was read a third time by unanimous consent. liesoliril. That this bill ]ia»-, and llial Ihe title thereof he as aforesaid. Ordered, That the Secretary retjuest the concurrence of the House of Representatives therein. FORT ARMSTRONG. Tlie Senate proceeded to the consideration of the following re- .solution, submitted yesterdav by Mr. BREESE, and it was agreed to. Resolved, That the Secretary ol' AVar be directed to inform the Senate if Fort Ann- strong, on Rock Island, in the State of Illinois, is now occupied .as a military post; and if not. how Ion? the same has been abandoned, in whose cliarge the same' is, and on what terms ; and also, that he communicate his opinion if tjic interests of the "o\ern nienl require that said site should be reserved from sale, for mililarv purposes. " EXECUTIVE SESSION. On motion by Mr. SEVIER, the Senate proceeded to the con- sideration of Executive business, and after a short time spent there- in, the doors were opened, and The Senale adjourni December 23. J PETITIONS— THE MADISON PAPERS. 39 rSHJRSDAY, DECEMBER 23, 1847. The Hon. ARTHUR P. BAG13Y, of the Slate of Ahibama, ap- peared in the Senate to-day. MESSAGE FROM THE PRESIDENT. A message was received from >he President of the United States, l,v the hanJis of Mr. Walker, his private Secretary, transmittin-; a report from the Secretary of the Navy, in icUuion to the con- straction of Hoating dry-doclts at Pcnsaeola, Philadelphm and Kittery; which was referred to the Committee on Naval AHairs, and ordered to be printed. PETITIONS. Mr DICKINSON presented the memorial of Jolin Black, late Consul of the United States at the city of Mexico, prayiiii; com- pensation for diplomatic services; which was relerred to the Com- mittee on Foreign Relations. Mr. DAVIS, of Mississippi, presented the memori.il of the Ad- Hitanl of the United States Military Academy at West Point, pravin<^ that ho may be placed on tho same looting with respect to pay^and allowances as Adjutants of regiments; which was re- ferred to the Committee on Military Affairs. Mr. JOHNSON, of Maryland, presented the memorial of the Secretary and Executive Committee of tho American Colonization Society, praying' that in the removal of colored people to Liberia they be exeihpted from the provisions of the acts of 22d February and 2d March, 1847, and left to the act of 2d March, 1819, or be allowed to carry two passenufcrs to every live tons of measure- ment; which was referred to the Committee on Commerce. Mr. CASS in presenting the memorial of Mary W. Thompson, widow of the late Lieut. Col. Alexander R. Thompson, ol the United States Army, deceased, in behalf of widows and orphans ol the army of the United Stales, praying that ihe present pension laws may be so amended as to make their pensions c(puil to those of the widows of Revolutionary officers, and to continue them du- ring life or widowhood, instead of five years only, and to include thole families whose husbands and fathers have died in the military service from exposure and disease from the fate of an inhospitable climate, said : I hold in my hands, Mr. President, the memorial of the widow of an American officer who ha.s fallen in battle; and after the very eloquent eulogium pronounced upon those officers by the honoroble Senator from New York — an eulogium not less true in its sentiments than eloquently expressed — I consider it perfectly unnecessary for me to do anything more than to present the me- morial, and move i's reference to the Committee on Military Af- fairs. I therefore move its reference to that committee. The memorial was referred to the Committee on Military Af- fairs. Mr. CASS presented tho memorial of J. Koarsley, roceivor of public monies at Detroit, Michigan, praying remuneration for monies expended by liim for clerk hire; which was referred to the Committee on Finance. On motion by Mr. BAGBY, it was Ordered, That the documents relating to the claim of George S. Gaines, on tho files of the Senate, be referred to the Committee on Indian Affairs. On motion by Mr. BAGBY, it was Ordered, That the petition of Stephen Steele and James Daniel, on the files of the Senate, be referred to the Committee on Public Lands. On motion by Mr. DICKINSON, it was Ordered, That Lyon and Howard have leave to withdraw their petition and papers. MILITARY STATISTICS. Mr. JOHNSON, of Maryland, submitted tho following resolu- tion for consideration : Rcso/vc(f, That the Secret:iry ot" W.ir inform Ibe Senate : First. — What lias, been tlie whole number of volunteer troops called into the service of the United States jince the I3th May. l.S4t> ? SeeoiKl. — f 'f the Iroops so called, what has been the whole iminbcr discharged tVom sncb service before ttieir term of service had c.tpired ? and what the number mustered out of the bervice of the United Slates. ? TA'rr/.— What has been the wlioie number of troops iu Mexico beloneiu? to the renrtIpton. Rnmtoli)li VVfulilDglon, iiml .Nlii'lt^on. »(^iiior, iipto tllo «-oinmonccmpnt of tile new ^overnmoiil' with >ppeiiilix conulmng nolCTi ofconrixlfnioii-i and conrcdcniUoii. \'oIiirac2Iiin"ton and Adams; rejmblican view of ttie policy of those administrations; notes of convereation and paper* connected witli his conlidenti;J intercoun>e with VVasinglon; his character; and explanation of tlie enigma in Gile'.s impeachment of Hamilton. \"oInnie3d. — The lelteni to foreign mini-sters and diplomatic functionaries, heads of deparfmeiita, militarv and naval commanders, Presidents and ex-rresident-s Jcti'erson and .Monroe, and. if necessary, to George Joy. Henry Wheaton. C J. Ingersoil, .An- drew Stcvensoii.'John Aiiams, J^Ci. Adams. VV.#C. Rives. &c,, to the close of either administration, or to include tlic whole correspondence with Jeflerson and Monroe, as may tie necessary to till the volume; showing tlie policy of these administrations. Voliiine 4th. — Letters and writings on constitutional subjects. Volume 5lh. — Ess.ays and letters on political economy. law o ' nations, judicial, his torical, natural history, itc, may matte out this volume — may include also printed es says in French, political otiservations in 1705. and examination of British doctrine, &c.; some e-says to he Ibuiid with the papers relating to Washington; and possibly this fund, and what may be taken fjom the miscellaneous mass, may make the 5th and 6th volumes, and leave the miscetlanbons for the 7th. Volume titli. — Miscellaneous. This will give an adequate idea of the deep interest of these pa- pers. I know perfectly well that it is the honest conviction of my friend from Connecticut which produces his opposition. It is an opposition, I am sure, contrary to his own feelings. A sense of duty alone impels him, for which I have the greatest possible res- pect; but I hope, that upon consideration of this matter and this information as to the character of the papers, the honorable gen- tleman will be satisfied wtth such opposition as he may feel con- strained to make by his vote, and allow us to act upon the bill. Mr. NILES. — If it be the wish of the Senate to act upon the bill at this time, I will withdraw my motion for reference. Mr. CRITTENDEN asked for the yeas and nays on the iia.s- sago of the bill. Mr. SEVIER. — I hope the honorable Senator will postpone this bill for a day or two. until we look into it. Mr. CRITTENDEN.— Certainly, if the Senator insists. Mr. SEVIER. — I move its postponement until Monday. Mr. CRITTENDEN.— And let it be made tho order of the dav for that day? The further consideration of the bill was accordingly postponed, and it was made the order of the day for Monday next.. Mr. CRITTENDEN.— Will the bill be printed as a matter of course. The PRESIDING OFFICER.— Certainly. Mr. SEVIER. — The Senator from Kentucky referred to a ro' port containing a description of the papers. I wish to have thai report printed also. I hope it will be printed with the bill. The question was taken on printing the report, aiid it was agreed to. ADJOURNMENT OVEK. On motion, it was Ordered, That when the Senate adjourns, it lie to Mondav next. THK L.VTE GKNK.KAI. IIAMER. The following message was received from the House of Repre- sentatives, by Mr. Campbeli., their Clerk : Mr. President : I am directed to inform the Senate of the de,ith or«he Honorable THO.M.IS L. Il.iMER. a ReprKenlative elect from tlie State of Ohio, and of the pro ceedings of tlie House of Representatives thereupon. The resolutions adojited by the House of Representatives having been read, Mr. ALLEN rose and adilressed the Senate, as follows : Mr. President : On the first day of July, of the past year, this body confirmed the nomination of Thom.as L. Hamee, of Ohio, to the rank of Brigadier General, in the army of the United States. The annonnceracnt just made by tlie House, to the Senate, informs us olficially. that that eminent citizen has ceased to live. The event of his death occurred at Monterey, in Mexico, on the 2d of De- cember last, and was, therefore, known to us individually long ago; but, by the rules observed on these mournful occasions, it could not be olficially noticed until now, he having been a member elect to the present, not a member of the then sitting Congress. But a .short time previously to his death. Gen. Hamer had passed along tiie lino of battle, amidst all its dangers, exerting his intellect, his courage , and address in aiding to achieve the third victory of our arms tiver the public enemy. He came out of that conflict unhurt , and with a vigor of constitution which justified the hope, that ho might be nble yet again to exert his genius and valor, in upholding the rights of his country, and the honor of its flag. But, otherwiso was it ordered, and he retired from the battle-ground — the common resort ol dealli — only to find it in one of those diseases ever incident ' to the multitudinous life of the camp, and which are known, in military annals, to bo but little more sparing of the lives of men thim the unsparing .sword itself. J o say that his death was a public loss, would bo to speak trulv, but to sjicak less than the truth. The death of that man, at any time, and in any state of public affairs, would have been a loss to December 23.] THE LATE GENERAL HAMER. 41 his country, and a great one. But his death at that time, and in the then exigencies of the public service, was a national privation not to lie appreciated, save by those who knew the peculiar char- acter of the man, and its happy adaptation to such exigencies. We were at the beginning of a war, in which, by the necessi- ties imposed by free institutions, we were obliged to employ a mi-xed force of regulars and volunteers. To unite titese forces under a common discipline — to fuse their various energies into one har- monious whole, and to direct tliem with full eiriciency, has ever been, and will forever be, among the most serious dillieidties ol those placed m the command of armies. In the attainment of this object, there are required not only the talents to command the muscles of men, in virtue of commissioned authority, but that ad- dress, also, which moves the hearts of the soldiery because it springs from the heart of the General. I would not sir, willingly, do inpisticre to the living, even to do justice to the dead, could that be possilily ueces.sary. Especially, would I not do injustice to any one of those ollicers, whose con- duct, and the conduct of whose troops in this war, have taught the world, that neither the genius nor the courage arc wanting to make this the first nation in it. Nor can I think that I do injus- tice to any in uttering the opinion, that, perhajis, no one of them possessed in a higher degree, than did General Hamer, that in- scrutable power which is expressed by the word — address, and by wiiich a single individual is often seen to sway the discordant wills of thousands, and to bind tlie whole as by a spell to his per- son and his purposes more closely than mere ollicial anthority can ever bind men of various tempers to a common object. It is for this reason that I esteem his death to have been a peculiar misfor- tune to tlie army, and, therefore, to the nation. In reviewing the lives of the eminent men of our country who have already passed away, no remark will be found more common than, that such a one was a self-made man. There are now in this Senate and elsewhere around us, men whose great abilities and pu'olie services will entitle them to be ranked with their illus- trious predecessors, and of almost every one of whom it will with .equal truth be said, he too, was a self-made man. Not one of them, however, will fall more emphatically within this description than Thomas L. Hamer. Inheriting nothing from his parents, but the right truly to say they were respected and honorable people, bo went alone from his native State ot Pennsylvania, when but a boy, and settled in the county of Clermont, in the State of Ohio. He began life as the instructor of a country school, devoting the hours otherwise unemployed to study, and especially to the reading of the law. In due time he was admitted to that learned profes- sion, and removing to the adjoining county of Brown, commenced and continued its practice with distinguished success. Ho had been at the bar, however, but a very short lime when political events began to excite an extraordinary interest in the public mind. So deep and general did that interest soon become, and so strong were tiie passions which it called up from the repose of the eight preceding years, that it was scarcely possible for a young man, such as Mr. H.-iMER was. of admitted genius and eloquence, of an ardent nature, of a blameless character, and of decided political sentiments, to resist the importunities of his fellow citizens, who sought to make him the representative of their wishes and opin- ions. He was accordingly elected and re-elected to the lower branch of the State Legislature, and, by that body, elected its pre- siding ollieer. From this post be retired, intending to resume his place at the bar. But the same causes which had drawn him trom it before still acting, and with accumulated force, he again yielded, and was, by the same constituency, three times elected to the Nation's House of Representatives, from w^iich wo have just received this melancholy message. At the expiration of bis third term, he again voluntarily retired, and once more resumed the practice of the law. It was in this situation, with abilities and legal learning, which, in that region of the State, admitted of no rivalry, and in the enjoyment of a corresponding practice and 30th CpNO. — 1st Session — No. 6. emolument, that he heard the call of his country upon her sons to arm. He obeyed, and was among the first to set an example, by himself volunteering as a common soldier. His friends and con- stituenls followed his lead, and speedily, an organized body stood ready for the march. Mr. Hamer was known personally and well to the President, with whom he had served in the Hou.se of Representatives amid scenes no less trying to the firmness and fortitude of men, than the Held of battle itself. The President was, therefore, under no ne- cessity to ask who should bo placed in command of the Ohiii Bri- gade. Mr. Hamer was appointed, and that, too, without his so- licitation; and, I believe, without hi« knowledge of such an event being in contemplation. He accepted the commission, proceeded on duty, and lost his life in its performance ; having been elected in his absence, again to Congress. When the intelligence of this sad event came to the west, the Legislature of Ohio, being in session, immediately adopted appropri- ate measures to express, in behalf of the whole people, their high appreciation of bis virtues, abilities, and .services, and the profound sense felt by all, of the loss sustained in his death. The State stretched forth her hands and drew the dead body of her adopted son to her bosom There it now reposes, amid the family, the neigh- bor!, the constituency, who received it with sighs and with tears, tor the same r(_'ason they had always before greeted his return among them with exultation and joy. It would be but a common-place and an insuflicient eulogy ujion Mr. Hamer, to say, that in all the relations he bore to the com- munity, he exhibited the qualities appropriate to those relations. Society has a right to expect such a result even from a man of mere mediocrity. But from one in the powers of whose mind the disi.'riminatin;L partiality of nature was so manifest as in his, so- ciety has a right to demand such an exertion of intellect and exhi- bition of virtues as may tend to the advancement of its lasting wel- fare, and atlbrd an example to the incoming generation. To tliiv demand, the whole life of Mr. Hamer — his private and public! manners, habits and sympathies ; his benevolence, integrity and honor; his intelligence, industry, courage, genius and patriotism — all responded in a manner to entitle him to demand in his turn, tho lasting gratitude of society. This he enjoyed when he lived, and when called to pass that boundary which nature has drawn be- tween the living and the dead, he did so with the consciousness that he laid down a life that might be reviewed by the intelligent and the just, with the approbation of every mind and of every heart which, Iik3 his own, was sound, and strong, and pure. Long will his memory he cherished by the State. Long will hia old constituents of Clermont, of Brown, of Adams and Highland, remember their all'eetionate friend, their faithful counsellor, their able representative. And many are the aged fathers among them who, 10 stimulate the emulation of their sons, will recount to them in the winter's evenings, the scenes, the events, tho sayings and the anecdotes, of his brilliant and blameless life. Long will the widow and the children remember, fondly remember, the husband and the parent, in whose affections they were happy, in whose character they are honored, and in the imitation of whose virtues his .sons will find the only reward which can bear any proportion to the magnitude of their loss. Mr. ALLEN concluded by offering the following resolutions: Resolved, inwitiwonslr/. Thai the St;na|p h-is rereived with deep sonsihilitv, lheiiie«- saf^'e Prom the JIousc of Renresetitatives. annoiincinjr the ilealii of the Hon" Thomas L. Hamkr, a Representative elect from the Slate of Michigan. Resolved. itiianiiiwu!flij. That the memhers of tlie Senate, from a sincere desir* of showinp every mark of respeet to the memory of the deceased, will wear the usual ba'ilje of niournin:.' for thirty da\s. Rrsolveil, That as a further mark of respect for t)ie memory of th« d«c«u«d, |h« Senate do now adjourn. The resolutions having been nnanimously adopted, Tho Senate adjourned. 42 THE LATE SENATOR FAIRFIELD. ]M ONDAY MONDAY, DECEIMBER 27, 1847. THE LATE SENATOR FAIRFIEtD. Mr BRADBURY rose and addressed the Senate as follows : Mr. President.— I rise for the performance of a duly too jvinlul for language to descril.e. One wl.o was with ns in this chamber, at the last meeting of the Senate, attondinfr to his olieial duties assisting in our deliberations. a«d as conhdently looking forward to the future as those who are now present, ha.s suddenly fallen in our mid.st. He is now numbered with the dead Four times has the Senate already been called during the few days of its session to manifest the l,.st tokens of respect lor the '''""'■;:<' dead, who have been prevented from entering upon the held ol their labors in the present Congress. Now, the destroyer has entered these halls, and struekifown his victim belore our eyes. , . , , The Hon John Fairfield is no more. He died at his lodg- ings in this city on Friday last. The sudden and startling an- nonncement of his death preceded the intelligenee ol danger. On the morning of that day he was in his usual health, and met his friends with his aecuslomed cheerfulness and cordiality. At noon he submitted to a suriiical operation, to which, with iindoubting confidence, he had looked forward for relief from an i^jfirmity under which he had labored. His physical energies were not equal to his fortitude and courage. His system sank under the unabated antcn.li.is the luiieral of the (l.morahle J,iHS Fairheld. ^vhlch ttill lalip place to-morrow ol twelve o'elocli, iiiemhaii, and that Die bernile will al- Ifnil Ihesame. .. , c r j ■ r Jlr.->ulv,U. ,ina„imovsly, That the members of the Senate, from n sincere desire of showiiiL- every mark of lesneet due to the memory of the Hon. .louN 1' AlBncLD, de^ ce.-L^e, 1H47. PlR : In MilmiillinR Willi IhU »n "estimnle of the proliiihle amount th»t will be Tei[ilired lo infft the (Iclicieney in the former ;i[)piopriation for the subsistence ol the repulararniy atMi vohiiUeers in the service of the ITnited States from December 1. I''47, to .Tune 3(1, 'IH4H," I Iiavethe honor to make the followinf^ report in explanation : .\t the time when this (lej,artiiirnt was niakiniz heavy purchases for shipment to Vera Crnz, Mexico, and to the montn of the Rio Grande, Texas, larpe shipments of breadstufts, as well as other articles composing the army ration, were being made to Enrope. , , ' i. ic The shipments lo Europe enhanced the price of produce in penera! nearly one hall of iu previor.s value ; anil this enhaueed price was kejit up for some months. My auntial estimate of the probable price of the ration made Novendier 10. IJMd, was only iifteen cents. That estimate of course was ni.rde al the time without any ex- peclation of such a rise in the price of produce, atid fell far short of the cost of the ra- tion by purchase. The appropriation for the ten additional repimeiitsof regular troojis (authorized af- ter my estimate of November in, If^41i.) was made for only four months — say from IMarcIi 1, 1847, to June 30, I?47. All Ihe troops comirosing those regiments are now in service, will probably so remain up to June 311, IJ^-iy, and w ill have lo be subsisted to that date. Here will he seen a deficiency in the appropriation of one year, for this large body of troops. All the volunteers who entered tbe service for "one year" were not mustered out at the expiration of their time ; but many of theai had to be subsisted for a longer jieriod than Ihev were appropriated for. Since June 30, 1847, nine adilitional regiments of volnnteers have been called into service without any additiontil nppr»priution being iiiadelo meet the expen.se of sub- sisting them. They have been Milivisiiii .o far out of the last annual appropriation. The portion of the army under the cumiiiand of Major (Icneral Scolt, since it left Jalapa, has been almost wholly snpphed with subsistence from the coiinlry in the vi- cinity of its 0|ieralions, and at prices vrtrying l"tom twenty-six to thirty two cents per ration — being an increase from eleven to seventeen cents per ration aiiove the estima- ted price. The "recruiting service" has tended greatly to increase the expense of this depart- ment, as (he complete ration, furnished under special contracts made throughout the eouniry. costs nearly double the estimated price. O.wing 10 the nature of the ciimale of Mexico, nnd the imperfect slorebooses, (the articles of subsistence being perishable,) much has been lost from decay and wastage ; as also from wrecks during transportation. Ail thcse'things combined will, I trust, satisfactorily show the necessity as well .as tlie correctness of tlie estimated deliciency now asked for. Most respectfullv, vour obedient servant, GEO. GIBSON, ('. G. S. Hon. W. L. Marcv, Secretary of War. No amendment being offered, the bill was reported to the Senate. Ordered, That it pass to a third reading- The said bill was read a third time. Kesi'/vecf, That it pass. Ordered, That the Secretary notily the House of Representa- tives accordingly. THE MADISON I'APEKS. Mr. CRITTENDEN rose for the purpose of ini|uiring whether the bill for the purchasing of the papers of President Madison was not the order of the day for this day. It had been made the special order for Monday last, and he supposed therefore it was now the first business in order. He inquired if it wouhl not come up for consideration at this time as a matter of cour.sc? The PRESIDINti OFFICER replied that it would require a motion to take it up. Mr. CRITTENDEN then moved to proceed to the consideration of that bill. The motion was agreed to, and tbe bill was taken up for con- sideration as in Committee of the Whole. ideri Til le bill was read a third time by its title. Mr. BUTLER. — The question is now, I believe, on the passag* of the bill; will it be in order to uiovc that it be made the special order for to-morrow? I am not fully prepared to give ray vot« upon it, and, if I am driven to a vote at this time, I shall lie compelled to vote against it. I desire an opportunity to make a few remarks upon the subject, iind, perhaps I may propose to mod- ify the bill . Will it be in order now to make a motion for its post- ponement until to-morrow ? The PRESIDING OFFICER.— The Senator is at liberty to make that motion. 46 THE MADISON PAPERS. [Wednesday, Mr CRITTENDEN.— If the centleman desires the postpone- ment, I shall not resist it, for the bill will, I suppose, come up of necessity to-morrow. Mr. WESTCOTT.— I desire to make an explanation, in order tn relieve myself from the imputation of inconsistency in votini; as 1 intend, against this bill, unless it be altered, in view of the vote which I cave at the last session. The bill of lust .session proposed to <'ivc Mrs. Madison the same sum, twenty thousand dollars, to be Tnvcsted in stocks for her nse, and Kvo thousand dollars, to be paid to her immediately. I had no objection to that lull. 1 re- carded that payment not as a fi'ih or a pension, but as a eonsidcr- Stion for the papers, which were well worth the money ol tlio American public. My objection to the present bill is, that it cre- ates trustees to take care of the fund for Mrs. Madison, by act ol ■ the creation of such oflicers. ales Congress. There is no precedent for ...- -.-- ,■ t I doubt the power, and have no doubt of the .rapropriety ol siicb legislation by Congress. Congress has a right to purchase, but mrright to letter iTie payment of the consideration money, with the condition that it shall be vested in trustees. Mr. CKITTEiN'DEN.— (In his seat.) It was at the request of Mrs. Madison that such an arrangement was made. Mr WESTCOTT.— That does not alter the case with me.— Her consent would no doubt be given to a donation in anv lorm, as a matter of course. I object to the establishment of such a pre- cedent. If it were a mere gratuity, tlie objection would not apply but as this is a consideration paid lor papers, the objection is with me insuperable. I cannot vote for the bill m its present form altliou"h I have no objection, constitutional or otherwise, to giving the money in consideration for the papers out-and-out to ftlrs. Madison. Mr. BADGER.— If I understood correctly the remarks which have been made by the honorable Senator from Florida, he has said that he voted for the bill of last session, but if pressed to vote on the present bill, ho will vote against it for certain reasons which he has assicned. Now, if I recollect the terms of the bill which passed the Senate by a very large majority at the last ses- sion, it was liable to the objections stated by the honorable gentleman from Flmida in a still higher degree than they can bo possibly supposed to apply to the present bill. If I recollect aright the provisions of the bill of last session, it actually went so far'as to preclude Mrs. Madison from anticipating any ol'the com- ing payments on account of interest before they should fall due. But what are the objections that it is an act of Congress creating trustees, and on which the honorable gentleman calls in ijuestion the right of Congress to pass such a bill ? With very great res- pect lothe opinion of the honorable gentleman^tnd certainly as a lawyer, as well as on other grounds, his opinions are entitled to the hinhcsl consideration — it does seem to me that he has presented an entirely new phase of constitutional dilficulty. Congress pro- poses to buy from Mrs. Madison certain papers, and the bill as- sumes that these papers are worth twenty-five thousand dollars, which sum Concrcss proposes to pay to the proprietor of these pa- pers, to bo held Tor her interest. The proprietor of these papers is willinc, and desires that payment should be made to her in the following manner: that of the twenty-five thousand dollars, five thousand should be paid to her immediately, and the remaining twen- ty thousand should be put in the hands of three gentlemen, to be held by them, by the last survivor, and executors, and administra- tors ol' the last survivor upon trust, who will pay to her the inter- est, with power to her to dispose of the principal sum by her last will and testament. Where is the constitutional objection here? The money, according to this contract, that would be coming to, and be due to Mrs. Madi; on after the rive thousand dollars are paid, and that to be paid into the hands of certain trustees, was the money of the government, and would become the money of Mrs. Madison. Well, if the party who is to give the money, and the party who is to receive it, both agree to a certain disposition of it, how is it possible that tnere can bo any constitutional difficulty ? If Congress have the right to buy the papers, and pay away the money, certainly it has a right, with consent of the seller of the papers, to make such disposition of the money as may be agreed upon. Where, I again ask, is the dilhiMilty t Why, Mrs. Madi- son may dispose of the principal fund by her will, and in conse- (|uence of this arrangement, the honorable Senator supposes that the just claims of creditors may be evaded. Mr. WESTCOTT.— (In his seat.)- It is tying up the fund. Mr. B.VDGER. — What principle of constitutional law is opposed to '"lying up the fund?" What )irliiri|ili' of cmnmon law is opposed to It f However, sir , the bill is, 1 in'licve, to slandover, and I will not detain the Senate. Indeed, I should not have made any remarks at all on the subject, had it not been for the observa- tions of the Senator from Kloiida; but aware of his disliniiuished lei;al reputation, 1 was afraid, lest it might go out that we were doing some strange things here, and that by our legislation wo were about to disregard tho oblications of debtors. It seems to me, ns tho honorable gentleman from Florida knows very well, that where a person has a jiower to be exercised, according to his best will and discretion, he must exercise it, if be do so at all, fur the beneht of creditors. This is, therefore, the most beneficial form in which ccuurol over this fund could be csereiscd. The in- terest is to be given to this venerable relict of a most distinguished tnan; and at her death she will have an opportunity of bestowing that fund which has produced the interest on the objects of her riT- gard on those who have lingered around her dying bed, and min- istered to her in her decluiing years, and to whom she would be, therefore, disposed to leave a memorial of her kindness and testi- mony of her gratitude. For one, I was sorry that my honorable friend from South Carolina felt it to be his duty — acting, as I know he did, from the purest and most honorable motives — to make the slightest objection to the passage of this bill. A similar bill was passed at the last session by a decided vote. This is one of those cases in which it may be truly said, that in order that this act may be really kind, it ought to be done promptly — early. The subject has been fully considered. — ^the sense of the Senate has been fully de- clared — and never was there a case, as it appears tome, in which . we could with more propriety, as was said by my friend from Ken- tucky the other day, convert this into a new-year's arrangement, shedding joy and gladness over the declining days of one so much esteemed for her own sake, as well as being the relict of so emi- nent a citizen of this republic. But under the rule I suppose the subject lies over, and I will not trouble the Senate with any further remarks. Mr. WESTCOTT.— The honorable gentleman from North Carolina has totally misconceived me ; but as it is suggested that this bill will come up again to-morrow, I shall defer any further remark*. On moti.in by Mr. BUTLER, it wa« Ordered, That the further consideration of the bill be postponed until to-morrow. RESOLTTTIONS. Mr. CASS submitted the following resolution, which was con- sidered by unanimous consent, and agreed to : Rrso/ved, Tliat the Committee on Military Affairs be instrueteil to iiuinire inio tlie Jiistioe and jiropriety of providing tor tlie fiiltilnient of the contract, entered into hy the Secretary of War, on tlie l'.ith day of March, IKiU, under the authority of the Joint Resohilion of Congress of the i;ith of February, J839, "to contract with J. B. and ]'. Fcrribault, for the inirchase of the island at tlie confluence of the St. Peter's and Mississipijt rivers. Mr. BREESE submitted the following resolution, which was considered by unanimous consent, and agreed to : Tir.^olv€il, That the Committee on Public Lands be instructed to inquire into theex- [M^diency of allowinf; to the Registers and Receivers of the several land offices, for their services under the ninth section of the act of the 11th February last, the same comiiensalion as is now allowed by law when money is paid on tlie entry and pur- chase of land. Mr. SEVIER submitted the following resolution, which was considered by unanimous consent, and agreed te : Rfnolvc'l, That the Commitlee on Public Lands be instructed to intiuire into the expediency of allowing a reasonable compensation to such receivers of tlie public mo ney as jierionn the duties of a-ssistanl Treasnrers of tlie United Slates. REPORT OF THE GENERAL LAND OFFICE. On motion by Mr. BREESE, it was Ordered, That two thousand extra copies of the report of tho Commissioner of the General Land Office, with the accompany- ing maps and diagrams, be printed for the use of the Senate ; and that two thousand additional copies of the map of surveys in Flo- rida, accompanying said report, be also pruited for the use of the Senate, j MESSAGE FROM THE HOUSE. The following message was received from the House of Repre- sentatives, by Mr. Ca.mpbell, their Clerk : Mr. President : The House of Representatives have appointed a Committee on Prmting. on their part, in pursnam-e of the jomt resolution of the two Houses, con- sisting of Mr. Conger, of New York, Mr. Heuly, of ludianaf and Mr. John B. Thomp- son, of Kenlnckv. 1 am directed to notify the Senate of the death of the Hon. Epw.vkd BKArLHV, late a member elect of the present Congress, from ihe Slateof Michigan, and of the proceedings of the House of Rejiresentatives thereon. THE LATE HONORABLE EDWARD BRADLEY. The resolutions from the House of Representatives having been read, Mr. FELCH rose and .addressed the Senate as follows : Mr. President: The announcement just received from the House of Representatives, arrests the attention of the Senate in the midst of its ordinary business, with the melancholy tidings of death. Again, and again, since the commencement of the present s^sion, sitiiilar announcements have called us to mourn, with the country, Vlie decease of distinguished members of tho present Congress, and to pay Ihe tribute of respect to the memory of departed associates. If the melancholy expression of our feelings here cannot restore the deceased to life, nor recall to a seat in these halls tho trusted agent of a confiding constituency, nor restore to tho domestic circle its stay and its support, it may, at least, show that we cherish a high regard for the memory ol tho departed— that we appreciate his virtues and abilities, and sympathise with those who, united with tho deceased by closer ties, have felt even more keenly than we, this sad dispensation of ProTidence. Edward Bradley, whose death is thus announced, was born in the cininty of Ontario, in tho State of New York, in Aprd, bStlK. At the age of twenty-six years he was appointed an Asso- ciate Judge of the Court of Common Pleas in his native county. Previous to this appointment he had moved in the humbler walks of private life. Engaged chielly in agricultural pursuits, December 29.] THE LATE EDWARD BRADLEY. 47 with few advantages of early education, there was little in the in- fluences by which he was surrounded to kindle his ambition or to stimulate to those unceasing mental efforts which alone can secure high attainments, and give assurance of future eminence. But his was a mind of no ordinary energies. Availing himself of every op- portunity for improvement, he gathered knowledge from every source within his reach, acquiring strength in his struggles with adversity, and accumulating, in his contact with the world, the rich treasures of mental efficiency and practical information. The appreciation of his merits by his friends, prompted him to still more ardent efforts, and a taste for forensic discussion in- duced him to become a devoted student of the law. In 1839 he removed to Michigan, and, having been admitted to the bar, he devoted himself to the business of the legal profession, and soon acquired the reputation of an able lawyer, and an eloquent advo- cate. In 1842 he was called by the suffrages of the district in which be resided, to a seat in the State Senate, and ably and faith- fully performed his duties in that station during his term. In 1846 he was elected a meraber-of the House of Representatives of the Thirtieth Congress. This last evidence of the high esteem in which he was hold among those who knew him best, was scarcely received, when dis- ease marked him for a victim. In July he left the place of his residence, intending to seek the restoration of his health, by a pro- tracted journey to the capitol, and a temporary sojourn on the sea coast. The end of this journey he was destined never to reach. — ■ He arrived in the city of New York on the last day of July, and on the morning of the fifth day of August he was numbered with the dead. She who came to minister that aid and consolation which his debility required, returned with the lifeless remains of her husband to her stricken family, the widowed to the fatherless. I am aware, Mr. President, that in alluding in this place to the virtues of the deceased, I speak to those who have had no oppor- tunity, by personal intercourse, to enjoy his friendship, or to know his worth. He was called to the world of spirits when about to assume his position among the represenlatives of this people. By his death, his constituents have been deprived of the services of an able representative, and the country a faithful guardian of the pub- lic weal. Himself the architect cf his own fortunes, his sympathies were with the struggling, the poor, and the oppressed. Ardent in his feelings, and strong in his attachments, he was nevertheless toler- ant to an opponent, and forgiving to an enemy. At the bar, in the legislative hall, and in the popular assembly, his good sense, and strong reasoning faculties always commanded attention and re- spect ; and by his eloquence he carried persuasion and conviction to the hearts of his auditors. If, in common with his fellow men, he had his faults, they were trivial and easily to be forgiven ; while his virtues, prominent and numberless, will long be the theme of praise, and his early death the subject of heartfelt sorrow. Mr. FELCH, in conclusion, submitted the following resolutions, which were unanimously adopted: ResolrrA, inifivimotis/ij. That the Senate has received willi deep sensibility, the message from the House oi^ Representatives. announcin<.' tlie deatli of Hon. ICoWAKli Bradli;v. a Representative eleet from the State of Michigan. Rr.'iiilred, huajiimotisty. That \hi' members of tlie Senate, from a sincere desire of showing^ every mark of respect to the memory of the deceased, uUI wear the usual badge of monrning for thirty days. Resolved, That as a furtlier marit of respect for tlte memory of the deceased, the Senate do now adjourn. Whereupon, The Senate adjourned. 4S PETITIONS— RESOLUTIONS, ETC. [Thursday, THURSDAY, DEC EMBER 30, 1847 PETITIONS. Mr. UPHAM presented two petitions from citizens of Oliio, praying tho establishment of a ilaily mail l.ctween Pitlslinrj;li, Pennsylvania, ami Mansliekl, Ohi.) ; wliich were relcrred to the Committee on tlio Post Olficc and Post Roads. Mr UNDERWOOD presented the petition of John Leroy, prayinc a pension on aceount of the loss of an arm, while carrying an express for tlie array in Mexico ; which was referred to the Committee on Pensions. Mr WEBSTEH presented the petition of Henry Hatch, praying indemnity lor French spoliations prior to ISdO; which was laid npon the table. Also, the petition of the American Peace Society, praying that the war with Mexico may be brought to a close, without the fur- ther effusion of blood ; which was laid on the table. Mr. BREESE presented the petition of citizens of Clay county, Illinois, praying that the right of pre-emption may bo granted to the Illinois Central Railroad Compiiny to the lands along the route of their road; which was referred to the Committee on Pub- lic Lands. Mr. DIX presented tlic petition of Joseph Buvehaid, pr.aymg that certain duly bonds paid by him as surety (or John S. Roulet, may be repaid to him ; which was referred to the Committee on Finance. Mr. BADGER presented the petition of citizens of Johnston county, North Carolina, pr.aying the establishment of a post office at Bagby's store, in that county; which was referred to the Com- mittee on the Post Office and Post Roads. Mr. BERRIEN presented additional documents relating to the petition of Mdledge Galphin, executor of George Galphin, de- ceased ; which were referred to the Committee on the Judiciary. On motion by Mr. WEBSTER, it was Ordered, That the memorial of the President and Fellowj of Harvard College, on the files of the Senate, be referred to the Committee on Finance. On motion by Mr. DIX, it was Ordered. That the petition of Maria Ostrander and the petition of Sarah Overbagh, on the tiles of the Senate, be severally referred to the Committee on Pensions. On motion by Mr. RUSK, it was Ordered, That tlie petition of Samuel W. Bell, on the files of the Senate, bo referred to the Committee on Indian Affairs. On motion by Mr. CRITTENDEN, it was Ordered, That Sarali E. Graham have leave to withdraw her petition and papers. PROCEEDINGS AND DEB.VTES. Mr. MANGUM submitted the following motion for considera- tion: Ordered, That the Vice President be authorized and requested to have two moveable desks provided for the reporter of the pro- ceedings and debates of the Senate, and his assistants, upon the floor of the Senate chamber, to be used only during the session of the Senate, and to accommodate two persons. RESOLtJTIONS. Mr. BADGER offered the following resolution, which was con- sidered by unanimous consent, and agreed to: Hesoheil, Thai tlio Committee on Comiiierco iin|iiiri, into the experiiency oi' estali- Iifhinp aihlitioiml lluatinc antl slalionary lis'ils; and, aUo, additional bnoys, Itelow and between the ^own ol" VVihiiint;lcin. Nortli C'aTohna, and llio OL-caii. Mr. CLAYTON submitted the following resolution, which was considered by unanimous consent, and agreed to : Rcmilml. Tina llie Coiiunittw on ronniieree he dirreled to inqnire into the e\|«- tliency of mukinix aiijirojination., for llie hntliont in the river Delaware, at Port Penii, Delaware Clly. New Ciutle. anil in tho Christiana anrl Mnhon's river; also for the eroetion of a liglil lion*e on the hnrnl (lier 0|)|i04ite to Fort Milllin, anil that the report heretofore made hy the .Secretary of the Treasnry, with the aceompanyinfi iloennientK, on tho elliedieney of a jreneral law n-(|niriiiL' venset, liavijjntin^' the Uilaware to carry lif;ht« in the nij;ht time. Ih. taken from the lile^nnd refern-d to the said eonnnlKee. Hr$otred, Tli.it the roininittee on roiniiii-rec he ilinieted to iniinire into llie e\pe- ilivncy of n law. iei|nirinii eonstint* vi«»eU of tho United ytatcs to employ appreiiUees iatlio unvigation of nail! veiwU. Mr. BAGBY submitted the following resolution, which was considered by unanimous consent, and agreed to : Rfsotveil, That the Post nianter (General Iw re(|ne!,ted to IrnnHiiin to the Henate all the i>n|ien on lile in his olhee relntiii); to the Irnnsportntiun of the mail hy Jnniisou and WilfiBniHon, tM'twwu Moiit^ulilery and Tuigaloo«a, and hutwcvii !6vlnia uud Maplvh- ville, Alahnuin Mr. CLAYTON submitted tho following resolution, which was considered by unanimous consent, and agreed to : Uestilvctl, Thai three hnndred and fifty copies of the map of the coast survey of the Delaware Bay and River be printed for the use of the Senate. PRIVATE BILLS. Agreeably to notice, Mr. DICKINSON asked and obtained leave to bring in a bill for the relief of Jeanette C. Huntington, widow and sole execulrix of William D. Chcever, deceased; which was read a first and second times, by unanimous consent, and re- ferred to the Committee of Claims. Mr. CORWIN, from the Committee on Public Lands, to which liad been referred the petition of Cadwallader Wallace, made a re- port, accompanied by a bill for his relief. The bill was read and passed to a second reading. Ordered, That the report be printed. Mr. ATCHISON, from the Committee on Indian AH'airs, to which had been referred the netition of Thomas Talbot and others, made a report, accompanied uy a bill for their relief. The bill was read and passed to a second reading. Ordered, That the report be printed. THE BARQUE CANTON. Mr. DIX, from the Committee on Commerce, to which had been referred the petition of William Sayward and others, reported a bill to authorize the issuing of a register to the barque Canton; ■which was read. On motion by Mr. DIX, the Senate proceeded to the considera. tion of said bill. The bill having been read a second time, was considered as in Comuiitlee of the Whole, and no amendments being offered, it whs reported to the Senate. Ordered, That it be engrossed and read a third lime. The said bill was read a third time. Resolpcd, That it pass, and that the title thereof be as aforesaid. Oidered, That the Secretary notify tho House of Representa- tives accordingly. NOTICES OF BILLS, ETC. «. Mr. YULEE and Mr. BERRIEN severally gave notice that on to-morrow, or at an early day, they would ask the leave of the Senate to introduce certain bills, the titles of which they named. Mr. DICKINSON pave notice of his intention to ask the Senate to take up the resolutions heretofore submitted by him. REGENT OF THE SMITHSONIAN INSTITUTE. On motion by Mr. BRKESE, it was Ordered, That a metuber be appointed by the Vice President, to fill the vacancy in the Board of Regents, occasioned by the resig- nation of the Hon. Lewis Cass. Mr. DAVIS, of Mississippi was appointed. COMMITTEE ON PRINTING. On motion by Mr. SEVIER, it was Ordered, That a committee on Public Printing on the part of the Senate, in pursuance of the joint resolution of the two Houses, be appointed by the Vice President. Mr. Bradbury, Mr. Cameron, and Mr. Greene, were ap- pointed. Ordered, That the Secretary notify tho House of Representa- lives accordingly. On motion, it was Ordered, That when the Senate adjourn, it be to Monday next. MILITARY STATISTICS. The Senate jirocccded to consider the following resolutions, submitted by Mr. JOHNSON, of Md., on the 23d instant: Hrnoltrd, That the tsecretarv of War inform the Senate: fVr.'f.— What has been the whole number of volunteer troops called into the service of the United States since the 13lh May, 184ti? ^rconil.' — (If the troops, so called, what has been the whole number diselinr(;ed from such service before tlu-it tenn of service bad eipiredj luid what Uie nuinlier niusleresl out of the service of the Ignited States? VVlirii.— What has Iteen the wliole number of troops in M«ioo, belonging to tjie i»)lular army of the United States, since the 13tli May, 1846? /'vitrfft.— WLtt ii th« ttUMbtft of troops «osv lu Mtfxiuo? December 30.] THE TEN REGIMENT BILL. 49 Fifth. — W'liat has been the whole number of offirers and men belonging either lo the ref^ular army or the volunteers, who have been killed or died of wounds received in battle since the 7th May, 184t) ? Siitli. — What has been the whole number of officers and men of the regular anny or volunteers wounded in battle since tlieTtJi May, 1840, who have not died of their wounds! Mr. CASS remarked that a great deal of the information sought for by the resolutions of the hoaorable Senator from Maryland was contained in the report of the Adjutant General. That report had not yet been laid upon the desks of Senators, but he had no doubt that it would soon be placed before them; he hoped, therefore, tlie honorable Senator would permit his resolutions to lie over for a day or two, until that report was printed. Mr. R. JOHNSON. — I was aware thai some of the informa- tion called for might be found in tliu report of the Adjutant Gene- ral; but my purpose was to have all the information that is called for by these several resolutions together. My object was a double one — that the information which we have, or can have, without some such inquu'v as this, will not show the Senate or the coun- try the number of men who have died of disease in Mexico. I propose, and in my opinion, it is the only way in which to get the information — -to inquire as to the number mustered in the service under the act of the 13th of May, 1847; the number of these dis- charged before their period of service expired, and the number mustered out of service. I suppose the uiirerenee between the number mustered inlo service, and the number mustered out of service' not accounted for by the number discharged in the mean- time, will show tlie luimber of those who have died of disease, less the number of tlioso killed in battle. I have asked, therefore, in addition, for the number killed in battle. The other motive which I had was, (and I am sure it is one in which I sluiU have the concurrence of the honorable chairman of the Committee on Military Affairs.) to laj before the Senate and the country informa- tion which I think will satisfy them that the regular army is better, in all respects, than any volunteer troops. The committee has reported a bill to raise ten additional regiments of regular troops, and also reported a bill to raise additional volunteers for the war in Mexico. My opinion has always been not that less efficiency is to be found in volunteer forces; that would be contrary to the history of all times; but, as the Senator will readily apprehend, it is impossible that the same degree of discipline can be exerted over the volunteers as over regular troops, and I am perfectly satisfied that a climate like that of Mexico, a climate in the highest degree insalubrious, that it is this want of discipline, to which the great mortality which has prevail- ed, is owing. Now we all know from inlormation that lias been laid before us, that at the commencement of the last session of Congress, there were actually buried on the banks of the Rio Grande of those who had died of disease, twenty-five hundred men. Now, without saying at present what my opinion is in relation to this war, as I may do at some subsequent period of the session, I suppose it is perfectly obvious for some time at least, the war is lo be prosecuted, and it is all important I think, that we should be furnished with this information, upon which public opinion, the opinion of the Senate, and the opinion of the country can be form- ed, which will enable us to determine what is the best description of force to be called into service. Now I have no doubt that some of this information, in fact, a great deal of it, may be found in the report of the Adjutant General; but certainly it can do no harm to have all the information spread before us at once. I hope, there- fore, that the honorable Senator will make no opposition to the passage of the resolution. Mr. CASS. — No, certainly not, sir; I have no objection to oh. taining information. I merely suggested that a great deal of it would be found in the report to which I alluded. The question being takeu the resolution was adopted. INCREASE OF THE REGULAR ARMY. Mr. CASS.— There is a very important bill, which was reported from the Committee on Military Affairs, which I am desirous should be taken up and acted upon; I mean the bill for raising ten addi- tional regiments, and I move the postponement of the previous orders, and that the Senate preceed to the consideration of that bill. Mr. CRITTENDEN.— I hope the gentleman will allow that motion to remain for a few mements, until the special order from a former day has been disposed of. There is a bill now upon its passage, an(J which will not occupy, I believe, ten minutes, which I should be glad to have taken up if the Senator will w.'thdraw his motion for the present; and unless he will do so, I shall feel con- strained to oppose his motion, which I shoultl not otherwise be dis- posed to do. Mr. CASS. — I have no objection. THE MADISON P.A.PERS. The Senate resumed the consideration of the bill to provide for the purchase of the manuscript papers of the late James Madi.son, former President of the United States. The question being upon the passage of the bill, upon which the yeas and nays had been ordered, it was determined in the affirma- tive, as follows : . YEAS— Messrs. Badger Ba^by, Baldwin, Bell, Berrien. Butler, Clarke. Clayloii, Cotwin, Crittenden. Douglas Foote Greene, Johnson, of Maryland, Johnson, of tiOmsiana, Mangum, Phelps, Sevier, Sturgeon. L'i)ham. Webster, Y'ulee— M. 30th Cono. — 1st Session— No. 7. NAYS — Atchison. Atherfon, Breese, Calhoun, Cass, Davis, ol Mississippi, Dick- ison, Dix, Felcli, Male, Turney, Underwood, Westcott — 13. So it was liesotrird. That the bill pass, and that the title thereof be "An act to provide for the purchase of the inanusctipt papers of the late James Madison, former rresideutof the United States.'* Ordered, That the Secretary request the concurrence of the House of Representatives therein. INCREASE OF THE ARMY. Mr. CASS renewed his motion to proceed to the consideration of the bill to raise, for a limited time, an additional military force. Mr. CALHOUN. — I hope the honorable Senator does not in- tend to press the bill to a decision at this time. The Senate is ex- tremely thin, and it is a question of so much importance, as every thing must be which is connected with the war, that I submit to the Senator, inasmuch as what supplies we shall grant must de- pend on what we shall determine in the next few days is to be done, that it would be proper to allow the consideration of this bill to be postponed. If the Senator is determined to press the ques- tion upon us at this early period, and before any one has had time to fix his own mincf in regard to the subject. I shall be constrained to oppose the Senator's motion. Mr. CASS. — It is not with the slightest wish to express my views that I urge this measure; but because I think the good of the country requires it. It is .simply a bill for raising ten regiments, the details of which were all arranged by this body at the last ses- sion ; it is, therefore, simply a question as to whether we will au- thorize this additional force. The bill is drafted in the same way as former bills for the same purpose; and all the Senate has to do is to say whether ten additional regiments shall be authorized to be raised. This is a matter which is intimately connected with the progress and with the termination of the war; for it is designed to lead to its termination. The bill has been already reported some eight or ten days, and I therefore hope that the honorable Senator will allow the consideration of the bill to be proceeded with now. And the honorable Senator will permit liie to observe, that I do not see, in reference to his resolutions, how they are to bring the dis- cussion of this subject before the Senate better th.an it may be brought by this bill. The object of the gentleman is one of three: it is either to operate upon the Senate, or upon the administration or upon the country. It is not to ojierate upon the administration, because the President expressly says that it is the intention of the administration to prosecute this war with the view of extiniruish- ing the nationality of Mexico. The ground the administration takes upon this subject is peculiarly clear ; it is to make and se- cure an bono. able peace. To attempt to prevent the American people from taking pcssession of Mexico, if they demand it, would be as futile in effect as to undertake to slop the rushins of the cata- ract of Niagara. I myself should think it a very unfortunate tliinrr to extinguish the independence of that country and annex it to oiir own, but the more the war is prolonged, the longer it is suffered to go on, the greater will be the danger of such an occurrence. > What, then, is the issue V The administration say they do not In- tend to conquer all of Mexico. That project is disavowed and the fighting line is disavowed, and the only thing that remains is to keep possession of what we have, and extend our operations as the position of the enemy may render necessary, and as our means - may enable us. Now, in my view, this bill may be taken up and disposed of without determining at all this matter. That is a sub- ject which is not involved in the present question. Why then should we stop with the view of bringing the Senate to a decision upon this point, whicli decision, with all deference to the honora- ble Senator, seems to me to have no manner of connexion with the subject before us. Mr CALHOUN. — As the Senator has avowed his intention to proceed with this bill, and to press the question upon us now, I shall be compelled to oppose it. Mr. CASS. — For the personal accommodation of the Senator I will consent that the bill shall lie over until Monday. Beyond that day I cannot consent that it .shall be postponed. Mr. CALHOUN.— My ideas, sir, extend far iieyond that. I am very happy to hear the Senator say that the President is en- - tirely opposed to the conquest of Mexico and the extino-uishment of her nationality ; and I am very happy also, to heai-' that the chairman of the Committee on Military Affairs repeats the same thing- That being admitted as among the greatest calamities that could happen, the important question comes up — how shall we escape it ? Sir, we often get into situations which we nevei- intended to get into. We got into this war although we never in- tended to get into it, for I will venture to say that in this body, if the question had been propounded to them of war or no war, inde- pendent of the exigency of the occasion, there would not have been one fourth of the Senate in favor of it. Now, my object is to guard, not against consequences that are contemplated, but against consequences that may follow from the measures proposed — which consequences are not contemplated. That is the object. Now whether this additional force shall be granted, will depend on the fact, whether the mode recommended by the Executive to carry on this war will not, in its practical consequences, end in the ex- tinction of the nationality of Mexico. Now, I submit to the Sena- tor himself, whether there is nothing due to those who differ from * hira in opinion in regard to this point ? He may think tliat the po- 50 THE TEN REGIMENT BILL. [Thursday, licy recommended by the administration will not end in the cxtin- ffiiislnnent of iho nationality of Mexico, lint I dUler with him in tiiut opinion, and until I am satislird that ho is correct, I am not prepared to vote in favor of the measmc that is now jiroposed. Sir. thon^h the honorable Senator, himself, is very properly o]). posed to the extinguishment of the nationality of Mexico, \vc know that there are many of a. totally did'erent opinion ; and we know lliat there are many who believe that such will he the result, whe- ther intended or not, of the measures proposed by the administra- tion. And I am one of those who entertain this belief. Now I do think we ou^bt to poslpnne action on the bill for some little time, until we shall have determined the course which it will be proper for us to pursue, and with this view of the (picstion. 1 shall vote B<;ain.st the motion of the honorable .Senator. Mr. CASS.— Will the Senator allow me to re.ad this short ex- tract from the niessa^'e of the President ?— "It I1.IS been couKiiiplateil bv nie, as an nbji'cl of tlie war. lo make a permanent eoiiiiuo-t of llie ie|.nblii! of Mexn'o, or to annilnlali' lier se|i.irate esislenee a< an niili- iienilent nation, tin tlie eontrarv, it ha.^ ever been my desire that she sltouli! itiain- l.lin her nationahtv, and. under a {io()-\ soverniiietil, ailapteil to lier i-umhtron, It,, a frte, inilepeie.lent,'allil ()ros|icrous re|iuhlic." This is exactly the course of policy wliieli the administration intend to pursue. For my own pari, I do not see the practical operation of any vote on the snbject in this body disconnected from some practical measuri\ In the discn.'-sion of this subject I am aware we must expect animadversion. We must expect the orif'in, procress, and results of this war to be attacked. But it seems to me, we want tliat this hill may come to a discussion and a decision without entering; upon the nrcneral question of the origin and progress of the war. I had iuteiidod not to say a wbrd about the administration, or the manner in which this war arose. I thou-iht theie was a common giouiul, where we might all unite in regard to this additional force, and I repeat, I yet hope the Senate will take up the bill and proceed to its consideration. Mr. CAJ.HOUN. — A word only in reply. I am aware of the views of the President in regard to the war. I have examined with great care the policy which is recommended in the messat'o and in my opinion, the result of that policy, if carried out, will tend to the precisely opposite course to that professed to be contemplated therein. If such .should be the dann-er wc must guard against it in some way; but if tliis daiiWer does not exist, then there will be no necessity for any steps on our part to guard against it. But with my present intormation I am not prepared to give an intelligent vote upon the subject. Mr. CLAYTON. — There i.s not, so farasl know, any disposi- tion on this side of the chamber to delay voting supplies for the army; but I hope that the honorable Senator from Miehiiran will not press a vote upon this bill, or any measure of this description until we have had an (ip|icu-tnnity of reading the report of the Sec- relary of War, ;ind the documents accompanying that report. Sir, has any Senator 011 tills tioor read that report and the docu- ments ?^ I doubt it. Tliey have not been printed; or, if printed certainly not yet furnished to the Senate; and it seems to me that action at this time upon a subject of this importance without aflbrding an opportunity for perusing those documents, 'would be highly imjiropcr. Anil it will be ))ereeived, also, by the honorable .Senator, that tin- seats imi this side of the chamber are not tilled .and I trust, therelore, that he will agree to a postponement of the measure, for the present at least, without naming a particular day for its consideration, because we cannot tell on what day the members of this body will be in attendance. Whenever they mav be in attendanee, anil the rc]iorts furnished to us for perusal, we shall be ready to act upon the subject. 1 have not seen a single copy of that important ducunient, the rejiort of the Secretarv^of War, nor have ] seen the documents occompanyiu"- the Presi- dent's message, nor the reports of any of the secretaiTes. Mr. CASS.— I am not unwilling that the Senate should have ,an opportunity to examine those documents, but this is too import-uit a measure to be delayed. I will con.sent that it shall bo delavud until Monday, however, for the accommodation of Senators- Init regarding it, as I do, as a measure of great public importance I cannot consent to its iiostponement beyond that day With regard to the report of «he Secretary of War, it gives you all the dcTails necessary to lorm an opinion upon measures o'f this deserintioii' It IS entirely unnecessary to refer to the report of the Quartermaste,' General (or details, btjcause the great facts connected with the moasure now proiiosed are spread before you clearly and eoncli, sively in the report Irom the War Department, I say a^ain th-.t 1 the geiitlenian will be satisti.;d with a postponement until Mon- day, I will agree to it; but lurther than that 1 cannot go. Mr. IIERRIEN.-Besidethe consideration of the 'thinness of the Senate, there is, in my judgment, ample reason for the nest ponemcntol the consideration of this hill, until the Senate shall have disensscd the resolutions submitted by ihc honorable Senator roni South Carolina, as well as those which have been submitted by the luuir.rable Senator from New York. Sir, wo arc called upon by this bill, and others thai will succeed it, to a,Kl „ f,„.,.., „,• JD.DDII men 10 the army of the United Sttites. We have the re commendation of the President to that ed'cct. We have his an inoval 10 us of tho report of the Seeretarv of Wtu, which discusses three modi's of operation in Mexico. Certaiiily,sir, it seeiiK to be tho obvious dictate o( common sense, that before we proceed to in crense the means of olfonsive niilitsr)- operations in Mexico we should determine for ourselves, not at the bidding of the President, but for ourselves, as the constitutional war-making power, what are the objects to be accomplished by these measures? There is this, sir, beyond the suggestions which are made by the honorable Sena- tor from Michigan, as to the operation of the resolutions which have been .submitted — -there is this consideration, that without seek- ing to operate on the mind of the President, without seeking to influence the judgment of the American people, except as that judgment may be operated upon by the decision of this body, we desire to ascertain what it is that Congress, (the war-making power of this government,) proposes to accomplish bv the further prosecution of the war? And that, I suppose, will be developed in the discussion of the resolutions. The Secretary of War sub- mits to us three plans for the future conduct of the war. Ife jiasses by as unworthy of consideration the notion of the withdrawal of the troops, and the restoration of peace without further tramp- ling on our trodden down foe. He then suggests three modes of prosecuting the war. Have the Senate eon.sidered, are they pre- pared to decide with the inlormation now-before them, or will they preclude discussion upon these different modes? Will they not enter upon the discussion with a view to ascertain the objects to be aceomplished by its further prosecution? and whether in the ac- complishment of those objects, we should in advance subject the country to this expenditure? Sir. we have, according to the report o( the Secretary of War, a force of about -13,000 nvjn in the Held, a small majority of them only consisting of regulars. The ar- gument of the honorable Senator from Michigan, is that the situation of our gallant army in Mexico renders it necessary that it should be reinforced without waiting for details of the objects for which the war has been prosecuted. Now, look at the state of facts as disclosed by the report of the Secretary of War, It is evident that the army in Mexico was p-.?rfeetly safe — flushed with victorv, and confident in its strength— upwards of 32,000 strong — while the army of the enemy is scattered, dispersed, and Mexico is without an'eflicient government, and destitute of resources, and men to resist our arms. There can be nothing, then, in the condition of the Ameri- can army which should lead us to precipitate the passage of this bill, before we ascertain the objects which it is proposed to aceoiu- plish. I desire to stand entirely uncommitted upon the subject of yielding the supplies demanded' by the Executive, until I have an opportunity to decide as to the propriety of granting them. But the ground on which I place my oppo.sition to the present conside- ration of this bill is, that it proposes a great increase of force be- fore wc, the war making power, have decided what are the objects lo be accomplished ; and I see great /orce in the suggestions of the honorable Senator from Soutli Carolina, which seem to have escaped the observation of the Secretary of War. The Secretary sets forth three modes for tlie further prosecution of the war; first by defining a boundary, and holding Mexico to the observance of that boundary; secondly, by overrunning the whole of Mexico, and establishing permanent garrisons in the principal places ; and third- ly, by holding what wc already possess, and taking such other places as we may deem it prudent to occupy. He overlooks the proposition which is stated by the Senator from South Carolina, that in adopting the latter mode there is the utmost danger that it will run into the second — that it will render indispensable the subjugation of the whole of Mexico. Sir, these are "rave (piestions, and should not be precipita'lely pressed upon us. Mr. CASS. — I will merely remark that the proper measures for raising and organizing this force must neccssarilv, by many months, precede its arrival in Mexico. It will take a long time for the troops to be organized, and still longer to transport them to their several places of destination. It is' a measure whose incep- tion it is now necessary to eommcnee, with a view to have the troops in Mexico in proper season ; and let me observe to the Sen- ator from Georgia and the Senator from South Carolina, timt for my .soul I cannot perceive the dillicuhy which strikes them. The Senator from South Carolina submits a proposition which can have no practical result : here, on the other hand, is a measure which is practical. It proposes to raise ten regiments. If any body deemed the war unnecessary, or believed it" should not be further Iiroseciited, let him so declare by his vote upon the bill. The Sen- ator seems to suppose that there is some magic In his resolutions, which is to be drawn out by the discussion upon them. It seems to me that the most proper |ilacc in the world for the expression of the views of Senators, is upon the discussion of a practical mea- sure like this. I trust, liowever, they will not delay the passage of the bill by any general discussion on the origin of the war, but il the .Senate deem otherwise, it seems to uie that a far better place lor that discussion is upon this bill, than upon the abslraet ileclaration which bintis us to nothing, I sav again that if Sena- tors are content with a postponement until Monday, I will agree to it, but if not, I shall ask the Senate to proceed to this eonsuler- ation now. Mr. ALLEN. — I hope, sir, this bill will not be postponeil until Monday, but on the contrary be proceeded with bv the Senate im- mediately, and that wc will a'dheri' to t^is part of the public business until it be accomplishcil. 'I'hci-e arc two iiiixlcs. sir. in which op- position to the )iolicy of the administration is made — one is in the lorm of an abstract proposition, and the other is in the form of a distinct practical measure, Wiiether this opposition shall assume one of these shapes here or not, is a matter of choice with those who have the right lo make that opposition, as far as their power to make a choice is concerned. But whether it shall be allowed to take such a shape, depends upon those against whom this oppo. December 30. J THE TEN REGIMENT BILL, 51 sition is made. I desire that the diversity of sentiment whieh ex- isls in this Senate shall be tested in the discussion and deeision ol practical measures. Therefore I propose that all the sentiments en- tcrlained in this chamber, may be made known in the discussion of this bill in reference to its postpanemenl, in pielerence to the dis- cussion of abstract propositions. Sir, there is much advantage to be gained, as we all know, by the form which an adversary clmos- es to assume. It is one thiri';, sir, to denounce the policy of I ho government in the discussion of abstract propositions, and another to take the responsibility of oppnsin;^ measures for increasing the army and sustainin;; thi.s war. J, therefore, sir, as a friend to this administration, and as one determined, as far as I may be able, to stand by its policy in this particular, desire that the opposition should be made to these measures in the face of the measures them- selves, and with the responsibility which that ripposition will im- pose. Sir, we are in a state of'war, and in that state we must continue until peace puts an end to it. That war has its theatre two thousand miles from Ibis eapitol, and the intercou.se between the government and fhe army consumes some two or three months' lime. Well, sir, under these circumstances, with that array cut, hacked, and bleeding in the achievement of its glorious victories, shall we leave them" there to occupy a country as large as our own , surrounded by ten millions of enemies, and subjected to all the pe- rils to which their precarious situalion exposes them, without taking the precaution to sustain them by additional reinforcements? Sir, the vote 6f this Senate it.self is a large part of the power which this government must exert in the prosecution of this war to an honorable peace. It is the moral impression produced by the know- ledge in Mexico, as to what is the determination of this govern- ment, as evinced in its legislation, whether sustaining the Presi- ilent or not, which is to operate advantageously, or otherwi.se, in regard to the termination of the war. The vote of the Senate on this very question will have as much influence in bringing about peace, as the additional force which it is proposed to raise. The declaration as to whether we do or do not intend to prosecute the war till peace be the result, is of the utmost importance. If this Senate wavers — if it evinces hesitation — if, instead of increasing the force, it persists in cavilling against its own government — what, I ask, will be the elTect of such a course upon the mind of the Mex- ican people ? Will it not encourage tiicm to further resistance ? It IS, therefore, that I say that the vote of this body upon this bill will, in my opinion, have as much iniluence upon the question of ]ieace, as the marching of the troops themselves. For this reason I think it highly important that an early manifestation by the legis- lative department of the government as to its intention in this par- ticular should be made; and that it .should speedily decide whe- ther it will prosecute or abandon the war. And if it is to be aban- iloncd, sir, I sav, the tinickcr the better ; if it is to be prosecu- ted the more vigorously the better. Let us, then, decide the matter at once, not shielding ourselves behind abstract proposi- tions, but as in the contemplation of a great practical issue. I want the contest made upon measures ; I desire the decision of the Senate as to whether they intend to adopt the one or the other of the two systems of policy — the prosecution of the war or the aban- donment of it. I reiterate, sir, there is but one question at issue, and that it has but two .sides. However much the metaphysical ingenuity of some minds may seek to divide- this question, there remains but the one — the simple question, either to prosecute this war until it is ended by a satisfactory peace, or to abandpn the war, and to withdraw our troops to the left bank of the Rio (Jrande. If it be the decision of the Senate that the latter policy be carried into efl'eet, the sooner the better — if it be the decision of the Scnalc that the former plan be adopted, it ought to be execu- ted nniiu'diately. But hesitation, sir, wavering, uncertainty as to what will be the final action of Congress, is nothing but procrasti- nating a pence ? I do not speak of design, because I will not im- pute motives to honorable Senators ; but I speak of the infallible tendency of the eour.se pursued by them. Isow, the Senator from South Carolina says that he has a question to be decided tirst. And what is that question ? Why, that although the President and the country may be unanimously of the opinion that the war may bo prosecuted with a view to secure an honorable peace, without the final extinction of the nationality of Mexico, yet that the measure before us may tend to that result. Well, what diller- ence could it make, should the Senate unanimously concur in the rescdutions of the Senator from South Carolina ? Why, the very moment this bUl is called up, the whole argument would be re- newed, because, as the Senator says, this measure might lend to Ihat extinction. Then why need we, while we have this measure before us, go into the discussion of his resolutions? Why discuss a proposition separately, when the Senator himself eonlesses that ihc discussion upon this bill will embrace it ! It will be for the Senator to show how it is that, sustaining the army now in Mexico by furnishing additional troops to take the place of those gallant men who have lost their lives in battle or disease — I snv it will be for him to show how it is that this additional force, which is purely designed to replenish the wasted strength of the army, is to tend to the final subjugation of Mexico and the extinction of her natio»- ality. We want to replace the exhausted strength of the army, to enable it to hold possession of its conquests, and by that pos.ses- sion compel Mexico to put an end to the war. Tliis is what we desire, and what can be more proper and reasonable? I hope, therefore, that the bill will be taken into consideration and kept before the Senate until it is completed ; and that our army will not be permitted to suffer for want of this additional force. Without, sU-, presuming to say what will be the final decision of this body, I cannot be mistaken in saying, that whatever that decision may he, it will exert a momentous influence for good or for evil upon the interests of our common country. Mr. CALHOUN. — It appears now, sir, that the object in call- ins; up this bill at present, is not to pass the bill, but to get a par- liamentary advantage — to compel the Senate to discuss this bill before an opportunity is afforded for discussing the resolutions which I have offered. It is a mere parliamentary move. The Senator shakes his head. Well, sir, if we follow the advice of the Senator from Ohio, we shall consume just as much time in discuss- ing this bill as if we were tirst to discuss the resolutions. The Senator from Ohio talks of the necessity of proceeding to act upon this bill now, and tells us in the next breath that we are to have the whole discussion upon the subject of the war upon this bill. Mr. ALLEN. — The honorable Senator misrepresents what I said. What I said was, that we ought to take up this bill and go on with its consideration at once. Mr. CALHOUN. — Exactly. We are to uro on with the discus- sion upon this bill instantly, we are told, both by the Senator from Ohio and the Senator from Michigan, and not let the discussion upon the resolutions have precedence. The Senator Irora Ohio says that it is a parliamentary advantage to have the discussion upon this bill previous to diseu.ssing the resolutions. Well, I ac- knowledge that it is so. I acknowledge that we should be tied up, in a great measure, in the discussion upon the bill, and preventea from going so freely into all these questions regarding the war, as we would in discussing the resolutions. It will then be, strictly speaking, out of order. Besides this, we will not have, what is most important in the discussion of the bill, an expression of the sense of this body upon the great point as to whether Mexico is to be conquered and held as a subject province^ or incorporated into the Union, or not. I know there are many, as staunch friends of the Executive as the Senator from Ohio, who believe that the policy recommended by the President, and now about to be carried out liy this bill, will end in her subjugation and the extinguishment of her nationality. Now, it is due to the country that this question should be distinctly presented, that the people of the country may see what is to be the probable result of the war, and dt-lermine whether they will meet it or not ; for that is to be the end of the whole of the contest, unless the most deci- sive measures are taken on the part of the Senate to prevent it. — Sir, I cannot be mistaken. I wish to go into the subject. I deem It to be due to my constituents, to the American people, th.at this, the greatest of all questions, the extinguishment of the nationality of Mexico, should be distinctly voted upon by this body. The Senator from Ohio is unwilling that I should have a vote upon this question, I presume. Sir, it is my object to have a vote upon my resolutions, and to have the response of the country upon the question embraced in them; for the debate will bring forth the re- sponse of the country. Now, according to my apprehension, there is no greater calamity that can befall this country, than the subju- gation of Slexico, and the extinguishment of her nationality, and the transfer of all her territory to us. From the beginning I had great forebodings about this war, and my forebodings — among others, related to this very thing, the absorption of Mexico. And I reiterate, sir, that if it takes place, we arc very near to the end of our poUtieal career. The Senator from Ohio made an announcement of dooms-day in the event of any delay in the action of the Senate upon this bill, although necessary information is to be extractcil by that delay. The Sen.ator need not suppose that discussion will be avoided by giving precedence to the consideration of this bill. He never can escape form a full and thorough investigation of the de- sisnsof the Executive in the prosecution of this war. 'My object is not opposition to the administration. Whenever I ink'iid to as- .sail the administration, I will do so directly and to their face. My object is to have the sense of the Senate and the country upon a point which I deem of the first magnitude to the safety of the country and its institutions; and I do trust, sir, that the Senate will not deprive me of the opportunity of having a clear vote upon this point, after fidl discussion. Mr. HALE. — I regret the necessity of saying a word in rela- tion to this matter at this time; it has been my misfortune not to have read the message of the President as have those Senators who have already addressed you. I suppose, sir, that this ine;- sage has been drafted with some care, and with some reference to the rules of grammatical construction. If I remember aricht, a rule is laid down by Lindlay Murray ; it is, that the perfect tense not only represents an action as passed and finished, but con- tains a direct allusion to the present time. What is the language of the President? "It ^las never been contemplated by me, as an object of the war, to make a permanent eompiest of the Republic of Mexico, or to annihilate her separate existence as an indepen- dent nation." It seems to mo that there is here a most pregnant allusion to the present time. It appears that the administraticm has begun to cntcrtam a diflerent notion, and I am confirmed in this belief by looking at another passage in the message, where the President says: " J.r. after aflbniiiip (liis enpoiir.T^enient ami proteplion. and afterall llip persevciins and siilpere etiorts we have made, iVoiu tin? ninilielit jMcxieo comineiieed thenar, and jirionntliat time, lo adjust our ilifli-rences witli tit^r. we sliall ultimately fail, tJien we shall have exhansletl all hoiinrahle means in jputmiiI of pc.-tee. and Iliuft continue to oeeupy her country with our troops, lakin? the full measure of indemnity into our own hands, and must eulbrce tJio terms which our honor demands." He does not tel? US how much it will take to fill his hands, or satisfy his honor, but he tells us that we have possession ot New 52 THi: TEN REfxIMENT BILL. I Thursday, 'i. how much ;iii i more vig- And I am Mexico and Califorma now, but he fails to inform liiore territory will be a satisfaction li.i the furl 1km orous prosecution of the war which lie rcciiinmi;nd>. the more desirous of saying a word hi tins time, by reason ol the intimation which has been thrown out that there aro some wto arc opposed to the war, and prefer manifesting that opposition on an abstract resolution, and who yet will not take the responsibility ol opposing the measures which the President recommends, hir, I do no" know but that ray ideas may be peculiar upon this subject, but I believe that the war was commenced ... 'il''<-l'™dj and prosecuted in injustice, and that the ,nst.t,.l.ons ol 1 1.e Un. < States are in more dan-jer at th.s moment," a.m.h.lal.on thai. those of Mexico; and I have no sympathy w.th «l--,f- ^--j. who tell ..s that this measure has no connexion with the or gm ol the wa I think it has everything to do with ,t, and would ,kc o see g;ntlcraen who think other«Mse solve th.s Prol-^";. ^" < ' - form us how long it will take, .n the manner we are going on, to arrive at the end of the war form us how long it will take, in the manner «^ „.„^...,.„ ■ ■■, .- Ion- must wc persevere in a wrong cause befo.e we shall con.o out^riX' I s^mld be glad .f they would tell .,s another th.ng I L, fl ke to hear them'demonstrate to us how much better it .s to Jononer a peace than to keep a peace Conquer a peace < tha lotoiniuii "1 _ ^ .^ , ^hvnsp.qnd the course recommended seem to HI d ike to hear mem uemoii»"i">= I.. «- ••■ Vononer a peace than to keep a peace Conquer a peace < tha ei^s to be a sort of magical phrase, and the course reeoraraendc, effect it reminds me oHhe manner of t.eat,..g a patient purs.,c, bytn 1 Spa" ish physician, who fancied that by lett.ng blood and adn'ini. erin- warm water he could cnre all d.seases. In proceed- iC will , .is^,ractiec it was found that l.is patients all d.ed; the d™-tor said that the reason was because he d.d not take enough blood frmn them. He took more fro.B his next patients and they continued to die, and „pon a cnnsultat.on as to whe her some other mode of treatment might not be attended with better results, he said he would listen to the reeommendat.on lor a change ol real- ment if he had not written a book .ipon the s.ibject Well s.i_, the President has written a book, and requires of us that we shoiild ■ ■ no such obl.gat.on as that. follow it. Now, recogni/.mg I des that this measure n.ay be discussed; I desire that tins subject should be discssed fully, freely, and fairly as cnbraced in the re- solutions proposed by the Senator from South Carolina and the Senator from New "^ork, and that those ot the Senator from South Carolina should take precedence of those offered by the Senator iVo.ii New York, for the resolutions of the Senator from South Carolina relate to the questio.. how much territory we shall rob Mexico of, and the Senator from New York tells us how to take eai-e of the spoils after we have got them. I tl.e.-el'ore think that the resolutions of the Senator from South Carolina should take precedence of those of the Senator from New York, and that they should both lake precedence of this bill. I desire that the question should be presented in such a manner that the whole country may understand it; and. sir. it is all involved in this ten reni.nent bill. It seems to me the ijuestion presented by this bill will deter.iiine the whole matter, and if we are to go on and follow the conrse pointed out by the President, and give himten regiments of regulars and vo- lunteers in addition, then, of course, this bill is to be passed. But if, as I believe, the war was eoramenced in error, here is the place to' stop; and with my consent the first dollar shall not go from the national treasury until the President informs us how much he sup- poses will be required to bring the army home by the shortest and cheapest route. For this purpose be shall have money; but not with my vote for continuing the war with an indefinite purpose. I think it is time that the country should understand what we are aiming at; and I think that the belief of a great majority of the people alrea, with "a note from the Earl of Aberdeen, of the 11 h December, IH4,'i: a Ictlrr from .Mr. Wise loMr. Hamilton, dated the -JTth March, ltM6; a letter from Mr. Wise to Mr. Ilamd Ion, dated 31st Julv, 184(), and the pajters accompanying the same; all relating to tho subject of the slave'lrade; provided tliatthe sanie may be done, m his opinion, without detriment to the public service. On motion by Mr. JOHNSON, of Louisiana, it was Ordered, That the resolutions of tho Legislature of the Stale of Louisiana, on the files of the Senate, relating lo the subject, be referred to the Committee on Military Affairs. On motion by Mr. ATHITRTON, it was Ordered, That the Committee on Finance be discharged from the further consideration of the memorial of Joseph Bouchaud, and that it be referred to the Committee on the Judiciary. On motion by Mr. ATHERTON, it was Ordered, That the Committee on Finance he discharged from the further consideration of the memorial of J. Kearsley, and that it be referred to the Committee on Public Lands. MESSAGE FROM THE HOUSE. The following message was received from the House of Repre- sentatives, by Mr. Campbell, their clerk: Mr. President; The Speaker of the House of Representatives having signed an en- rolled bill, I am directed lo bring it to the Senate for tlie signature of their President. The VICE PRESIDENT signed the enrolled bill entitled "An act making an appropriation to supply in part a deficiency in the appropriations for subsistence in kind of the army and volunteers during the year ending the 30th of June, 1848: and it was deliver- ed to the committee, to be presented to the President of the Uni- ted States. NOTICES OF BILLS, ETC. Agreeably to notice, Mr. BERRIEN asked and obtained Icavc- to bring in a hill making an appropriation for removing obstruc- tions in the Savannah river; which was read the first and second times, by unanimous consent, and referred to the Committee on Commerce. Mr. JOHNSON, of Louisiana, by unanimous consent, asked and obtained leave to bring in a joint resolution to create a brrard to ascertain and determine the amount of each of the claims of the citizens of the United States against Mexico; which was read and pas.sed to a second reading. * Mr. WESTCOTT, from the Committee on the Judiciary, to ■whom was referred the petition of Peter Capella , administrator of Andrew Capella, submitted a report accompanied by a bill for the relief of Peter Capella, administrator of Andrew Capella, deceas- ed, and for ihe relief of John C'apoy, and for the relief of Elijah Petty and Hannah Petty, his wife, heirs of John Beardon, deceased. The bill was read and passed to a second reading. Ordered, That the report be printed. Mr, DOUGLAS, from the Committee on Territories, reported a bill for the relief of W. B. Slaughter, late Secretary of the Ter- ritory of Wisconsin. The bill havnng been read a first time- Mr. DOUGLAS remarked, that as this bill was asked for by the officers of the treasury, and was simply a bill to authorise them to settle certain accounts, he wished the bill -would now be allowed to have its second reading. The bill having been read a second time, Mr. CLAYTON said he apprehended that no possible objec- tion could exist to the immediate passage of this bill, and he trusted it would now be disposed of. Mr. WESTCOTT said he could not distinctly gather the pur- port of the bill from hearing it read, and it had not been printed. He recollected the case w-ell. It was before the Territorial Committee at the last session — he believed the session before, also — while he was on that committee, and he was then opposed to tho allowance of the claim. It was for two items. One for compen- sation to claimant for expenses of visiting Washington to settle his accounts as a pubhc officer. Secretary of Wisconsin Territory. The other item was for some two or three thousand dollars of public money, lost by his placing it on deposite in a territorial batik which broke. His excuse was, that the territorial legisla- tm'e by resolution, instructed him to make this deposite in that bank. This was no excuse whatever. The territorial legislature had no business with this monev — no right to direct it to be so deposited — no power to control the claimant with respect to it. Mr. Slaughter was Secretary of the Territory — a federal officer and agent, independent of the Legislature of the Territory. He 54 BILLS— ORDERS. [MoNUAV, ■was subject only tri the laws nf Congress and tliC instructions of the Treasury Department, and these ditl not allow this dcpositc at the risk of the I'nitcd States. It was his own fault, or misfor- tune if he lost this money by placinr; it in a rotten hank. His com- f)lying with the resolution of the Legislature was an act done on lis own personal responsibility. It would be opening the door to the allowance of hundreds of thou.sands of dollass of similar claims, to allow this. Besides, it is not shown that this bank or its stockholders have becn.sued, or any means used to recover the money from those who haVe got it. The claim against the bank and its siock- holders was not transferred to the United Slates, or the treasury olfioers given any authority to collect or secure it. He should vote against the allowance of this claim, but if he understood the honor- able Senator from Illinois, (Mr. UoUGi.As,) this bill did not im- pliedly sanction the claim in any degree, but only directed the Treasury to examine and settle llie accounts on principles of equity and justice. He desired to know of the committee dis- tinetlV, whether his imderstanding was correct' If the bill sanc- tioned expressly or imrliedly the items ho had referred to, he should vote against it— if not', he should make no opposition. Mr. DOUGLAS.— The bill docs not sanction the claim ; it merely refers the settlement of the claim to the accounting officers of the Treasury. The claim arises in lliis way : William B. Slaughter, Secretary of the 'I'errilory of Wisconsin, received a drafrior government funds to the amount of $in,nOO. The Legis- lature of^thc Territory appointed the Cashier of the Mineral Point Bank temporarily its fixed agent. This draft was depos- ited in the custodv of that fiscal agent, and the money checked out according as it was reiiuiicd. That bank failed, and there was a loss of something like $:5,OnO, speaking in round numbers. The legislative assembly of ihe territory has unanimously passed a resolution expressing their o^iinion that the money was deposited properly, in good faith, and lor the best interests of the Treasury ; and that he ought to have a credit at the Trefisury for that amount of money. That is the principal item in the bill. All that the bill proposes, is to refer ihc matter to the oiiicers of the Treasury, with authority and instructions to .settle the account ac- cording 'to the ])rinciplcs of ccjuily and juslice ; lliey having more ample opportunities for collecting information upon all points re- lating to the matter, than this body can possibly have. Mr. WKSTCOTT said he conceived there was one matter as to which ho did not coincide with his friend the honorable Senator from Illinois, (Mr. Douglas.) It was the chief i]uesUon in this case. It was as to the resoulutioii of the Territorial Legislature being any justification or even excuse for the Secretary of the tcr- ' ritorv putting this money in that bank. He conceived he was bound to disregard the resolutions as the Territorial Legislature had no right to direct him. Mr. DjVYTON. — Do I understand that the bill is now upon its third reading ? It must, I apprehend, require the general consent ol" tliB Senate in order to have its third reading. The PRESIDING OFFICER replied, that the proposition had been made that the bill be read a third time. Mr. DAYTON. — Had I understood thafto be the case, I should have objected, not because I have any specific objection to this bill beyond the objection which applies to a largo class of eases stand- ing upon our calendar. I have observed, for the last three or four years in tliis body, that whenever a claim is a little distrusted in coiumitteo, or in referrence to which the committee have doubts themselves, and cannot act upon it in a manner satisfactory to themselves, they report a resolution in this general phraseology — resolved that the claim be settled by the proper officers of the de- partment, according to the principles of ei(uity and justice. Thus they have generally reeogniz«d the existence of a class of cases of tliis description, and applied to them a dill(.'rent rule from that which is applied in other cases. Now, if this bill is to be put on its final passage, I think I shall bo constrained to vote against it. I think at least it ought to be allowed to lie over, and take its proper place upon the calender. This case is similiar to a largo munber of ea.scs which have been reported on, and if ihc Senate pass it and refer the matter to the department f(u- adjustment, we shall I'.ave the same arguments addressed to us every day. I, for one prefer that this case should stand as all other eases do. I am not aware of any thing in it tlial entitles it to special precedence. Mr. CLAYTON. — The gentleman is mistaken in supposing that the committee had any doubt in regard to the propriety of af- lowing the claim. There was no dillcrcnee of opinion whatever. It was understood that this individual was entitled to the amount,' and the projier aceonntig ofiiccr wasdesirousofgivino him the credit'. He had no ibuibt ofthe pro|aicty of it, but ho thought that Ciuigicss ought to give him the authority to do what was siuight to be dime in the premises. There was not a s!iad Senator from New Jersey has referred lo. There was no doubt in the mind of the commit- tee, and neing made, it was reported to the Senate. January 3.] THE TEN REGIMENT BILL. 55 Mr. BADGER calleJ for the readinc; of the report accorapany- ing the bill, ami it was read by the Secretary. Ordered, That the bill be engrossed and read a third. CLOTHING FOR VOLUNTEERS. The bill tn jirovide clothing lor volunteers in the service of the United States, was read the second time and considered as in Committee of the Wliolc, and no amendment being made, it was reported to tile Senate. Ordered, That it be engrossed and read a third time. The said bill was read a third time. Rr.<;uh'iil, Tlial tiii-i Iiill pass, and that tlie title thereof be "An Art to provije riolliiiig for volunteers in the service of the United States." Ordered, That the Secretary request the concurrence of the House of Representatives therein. TEN REGIMENT BILL. The Senate then resumed, as in Committee of the Whole, the consideration of the bill reported from the Committee on Military Afl'airs to raise, for a limited time, an additional military force. Mr. CASS rose .and said : This is the first of a series of bUls which the Military Committee is about to present to the Senate. They have commenced with the most important, and will ask the consideration of the others, in succession, till they have discharged the duty entrusted to them. In presenting this bill I do not propose to touch any of the dis- puted topics, which divide the two great parties, under the banner of one or the othe- of which, every citizen of our country is ar- rayed. I sh.all leave these if introduced at all, to be introduced by others. I had hoped, till I heard the incidental discussion which arose a day or two since on the question of taking up this bill, that these exciting subjects would be postponed for some future oppor- tunity, and that the propositions now submitted would be considered upon their military merits, taking it for granted that the propriety of voting the additional force required would not be controverted. I was well aware that we could not escape a full discussion of the origin of the war, its progress, its objects, and the whole comso of the administration epnneeteil with it. Nor indeed did I wish to avoid it. However severe may be the attack, I trust it will be as earnestly mot, and easily repelled, for I consider the ground which the administration occupies as perfectly impregnable. I am appre- hensive, however, from the remarks *vhieli fell from some of the hon- orable Senators the other day, that the whole field of controversy is to be gone over, and that we are to fight this bill, necessary, as I deem its immediate passage to the public interest, inch by inch, till all the great party questions of the day are debated and ex- hausted. If it is to be so, I must of coarse submit, but the fault shall not be mine, nor will I provoke the contest by introducing any topics which may properly lead to it. There is one point, sir, where we all can meet, and that is the gallantry and good conduct of our army. This is one of the high places to which we can come up together, and laying aside our party dissensions mingle our congratulations that our country has had such sons to go forth to battle, and that they have gathered such a harvest of renown in distant fields. The time has been, and there are those upon this floor who renieinber it well, when our national flag was said to be but striped bunting, and our armed vessels but fur built frigates. The feats of our army and navy during om- last war with England redeemed us from this reproach, the oflTspring of foreign jealousy; and had they not, the events of the present war would have changed these epithets into terms of honor; for our flag has become a victorious standard, borne by marching columns, over the hills and valleys, and through the cities, and towns, and fields of a powerful nation, in a career of success, of which few examples can be found in ancient or in modern warfare. The movement of our army from Puebla was one of the most romantic and remarkable events which ever occurred in the military annals of our country. Our, troops did not indeed burn their fleet, like the first conquerors of Mexico, for they needed not to gather courage from despair, nor to stimulate their resolution by destroy- ing all hopes of escape. But they voluntarily cut off all means of communication with their own country, by throwing themselves among the armed thousands of another, and advancing with stout hearts, but feeeble numbers into the midst of a hostile country. The uncertainty which hung over the public mind, and the anxiety everywhere felt, when our gallant little army disappeared from our view, will not be forgotten during the present generation. There was universal pause of expectation — stopping, but still fearing; and the eyes of twenty millions of people were anxiously fixed upon another country which a little band of its armed citizens had invaded. A veil concealed them from our view. They were lost to us for fifty days; for that period elapsed, from the time when we heard of their departure from Puebla till accounts reached us of the issue of the movement. Tlie shroud which enveloped tliem then gave way, ar.d we discovered our glorious flag waving in the breezes of the capital, and the city itself invested by our army. And similar circumstances marked the very coiuinencement of the war, when the Mexicans first surrounded our troops, and shut them out from all communications with their country This un- expected attack struck us all with astoni.shment, and we feared, as well we might, that numbers would overcome discipline and valor, which, however they might prolong, could not be expected to succeed in the contest. And hopeless indeed might have been the result, had not the honored soldier, who commanded our troops, had confidence in theni, and they in him. Had he not known how- to lead and they to follow. And well and bravely did they afl beai- themselves in the critical cirenrastanecs which surrounded them; and our doubts soon gave way to certainty, and gloomy forebo- dings to glorious convictions. And the campaign thus commenced was vigorously followed up on the Rio Grande, and victory after victory, till the crowning triumph at Beuna Vista was heralded by every breeze and became lamiliar to our ears as househoKl words. During the whole of t4iis war there has been a series of suc- cesses, which has been uninterrupted by a single serious disaster. I hold in my hand a tabic, prepared at the Adjutant General's Of- fice, from the best materials which can be found there, exhibiting the actions fought with the enemy, and the forces eng,aged, and the losses sustained by each party. As we have oliieial data, tlic true losses on our side are sttited. But those on the side of the Mexicans, are in some instances entirely omitted, and in others, conjecturall}' estimated. This table shows the whole truth so far as we are concerned, and but a part of the truth so far as the ene- mv is concerned. Still, even under these circumstances, it is one of the proudest trophies with which any array ever enriched its country. [Sfe table on n$xt page.] The Adjutant General semarks, that he cannot vouch for the perfect accuracy of the above statements, as from their nature they must often be estimated. He adds that the above tabh^, al- though es.sentially correct, is not entirely complete, for he thinks there arc yet wanting some reports. &.c., of alFairs, which have been lost or intercepted, and it may lie, that the above statement mav hereafter need amendment or correction. If we recorded our history upon stone, as was dene in the prim- itive ages of the world, we should engrave this series of glorious deeds upon tables of marble. But we shall do bettor; we shall en- grave it upon our liearts, and we .shall nommit it to the custody of the press, whose monuments, frail and feeble as they appear, yet from their wonderful power of midtiplieation, are more enduring than brass or marble, than statutes or pyramids, or the proudest monuments erected by human hands. Let it be remembered, sir, that these battles were fought in a gretit measure by new and un- disciplined troops, hastily collected at home, and rapidly marched to the seat of warfare. By men who had ijbandoned the duties and comforts of domestic life, and who made war, not a tr.ade as in Europe; but a temporary employment;- in order to defend the interest and honor of their country. And even the small regular army, which existed at the commencement of the war. had seen liltle actual service in the field, and that not with a civilized foe, but in murderous conflicts with Indian tribes, where there was much exposure to meet and little glory to gain. Many of the officers .and soldiers, and indeed a great majority of them, and some of the commanders, too, saw the first gun fired in the very field which they illustrated by their deeds, and moistened with their blood. Honor, then, to tlie highest and to the lowest, to the greatest and the least. Honor to the living and the dead — those who survive to enjoy it, and to the memory of those who sleep m a soldier's grave, far from the land they loved so well. And liap- pv am I to see upon this floor, at this moment, particularly, one of the gallant officers who have inscribed their names high upon the military roll of their country, and there are others like him, in this city, who have returned from the campaign in which they distinguished themselves, bearing upon their persons inetraeahle marks of courage and patriotism. A kind Providence has permit- ted them to come back, and the plaudit of grateful millions, ''well done good and faithful servants," is the proud welcome which greets them. Let modern philanthropists talk as they please, the instincts of nature are truer than the doctrines they preach. Mili- tary renown is one of the great elements of national strength, as it is one of the proudest sources of gratification to every man who loves his country, and desires to see her occupy a distinguished position among the nations of the earth. I shoifld have been proud to have been in Europe Muring our military operations in Mexico — proud to witness the effect of the skill and prowess of our army upon the statesmen, and politicians, and communities of the old world. During the course of these events there was no war there to attract the general attention, and to excite by its un- certainties and vicissitudes, the solicitude of the government. Our war was the event of the day. and many a steadfast gaze was cast across the Atlantic to watch the prospects and progress of the pattern republic, as we are invidiously termed, in the new ca- reer into which we had entered. As we all know, our institutions have friends and foes in the other hemisphere. To both they are a light, shining across the ocean, but inviting some and warning others, as the impressions our experiment has produced have been favorable or unfavorable. The anti-rcpublieau croakers of the ol 1 world, at the commencement of our government, predicted that it could not long resist the shocks of peace or war. When they found it could do both, and do it successfully, they then denied our jiower to earrv on a war without our own boundaries, should cir- cumstances require such an exertion of national strength. This was our first great trial; for in the invasion of Canada, during the last war, the operations were so near, that they did not test our strength for distant- warfare. The trial has been made, and has succeeded. No one will hereafter call in question our capacity to 56 THE TEN REGIMENT BILL. TABLE. [Monday, Dale. Forces engaged. No, of killed. No. of wounded. Remarks, Affair or liallle. .■\mericans, regn- lars and vol's. Mexicans. .•Vmericans, reg- ulars and vol's. Mexicans, Americans, re- gulars and vols. Mexicans, IMO, J. Detacbment onder Captain Thornton, 2cl dra£oon« in a re- connoitianco on the Rio Urande, alMjve Fort Brown, Texas April 23 - t'.3 200 Ill unknown l> unknown 2. Detachment of ('apt. Walker's Te.\a>i Rangers, near Point April 28 - - Mav 4tli to nth May Sth - MayU'h - September 21, 22, 23 Deceinl)er (J 30' 2,300 1 ,7IHI 0,IM,i no .■lOO 100 10 unknown _ unknown 3. Koit Brown - - . - 4. Palo Alto ... - 5. Resaca de la Palma 6. Monterey .... 7. San Paional, V. California 4,000 l',.OOII )i..'»00 10,000 it;o l,-.>20 4 30 120 19 unknown 100 200 700 unknown *2IK1 10 42 98 3(58 15 unknown 300 400 Quknown Quknown '^killed and wounded. 9. T-os Angelo8, California - 10, Iia Canada. New Mexico 1M7. Janu.ary 8lh, illb. January 24 .•iOO rijio CilKI 1,,'ion 1 2 *80 30 14 6 3 1 4G 408 - ^killed and wounded. 11, Mora, New Mexico - - - V2. Kl Embudo . . . - 13. PoebladeTao» 14. Buena Vista ... 15. Sacramento - . . . Ifi. Vera Crnz 17. Cerro tionio • - - - It*. Calaboso, California, De Ru^ev January 24 January 2it Fcbrna'ry 4 300 4,7,i» 700 soo 20,000 G 2r,7 20 130 *1.,">00 (M -*killeil and wounded. Kebruatv 3>< March I'l to 2!) - 900 11,000 4,0(KI 5,,'ion 12 *(jf)0 '^lOO 5 51 ~ *killed and wonnded. *kined and wounded. April Irt - July 12 - - ?',,'>00 lit; 12,000 1,30(1 87 13 * 1,200 200 353 13 - ♦killed and wounded. 19, Contreras. "] 20, San Antonio, }■ 21, C'hurubusio, J SS, On Major (.ally's march 23. Molino Del Rey 24. Chapulteiiec - - - - 25. Attack on Pnebia August 19^ 211 8,497 32,IHI0 104 ♦4 ,000 8C5 - ♦killed and wounded. August 10 to 111 September H September 11, 12, 13 Si^l. 13lo()el. 12 - (.ictober 9 - 1,200 3,2,51 7,1H0 1,400 1 ,780 2.000 14,1100 2,'.,0('0 ^^,o(J(J 4,0111) 9 201 178 14 unknown '3,01)0 unknown unknown llil 74 581 C73 11 unknown nnknown unknown 300 '^killed and wounded. 27. (;en, hane, Puebia- October 12 3,100 - - " 28, AllUco October 19 - ', 1 ..IIW 2,000 1 219 12,8fKi 2 300 Total 11,077 3,669 1,360 assert our rights, wherever these may rei[uire our interference. If the irreat experiment had failed, it would have taken ai^es to re- cover from the misfortune. Bui now, wliercver the American flag is borne, or the ndme of American known, and that wherever is everywhere, the jilorious feats of this war have proclaimed our power, and have announced that we have taken our position .side by side with the miijhtiest nations of the world. Hereafter, in the wildest dreams of ambition there will be no dream of conquering us, nor will any hostile foot pollute our shore but to escape from it, if it ean, as best it may. The present bill provjjjes for raisin^r ten additional regiments of infantry to serve dnrinix the war. The averajre number of each regiment in the field is rather less than three-fourths of the legal establishment; so that this measure, if adopted, will add about 7.500 men to tlie army Tlie organization is precisely that provi- ded in the act which passed at the last session of Congress for raising an additional force, and as the details were then fully con- sidered, and are well known to the Senate, I need not recapitulate them here. The reasons which render this increase of force necessary, are so clearly and forcibly stated in the report of tlie Secretary of War, that I need do little more than recjuest that that portion of the document may be read. The following extract from the report of the Secretary of War was then read by the Secretary : "Our career of succfs-s, so (ii^:i5froiis lo MWiico ; oiir roii(|i]Pst ol' i-o many of lit'' States and territories ; the subjiigatioii ami ocoiijiatioii of Iut capital , the defeat :in(! ilistX-'Kion of her armies ; the capture of most ol her iitnferinl of war, and the annihi- lation of her fotiiier commerce, have not vft bronchi jience, or the ot!'er of such terms as could \^e• accepted hy the Ignited States without national dej^radation. The war ilill continues ; anilit is |)roper to present some su^t-"'^''""'' ''i regard to its further prosecution. In mnkin;; these •iu?pe-*lions. I pa'*'*, without remark, the proposition that we should abandon all our acipiLsitions, and withdraw our troops from the enemy's country. Such a projW'iition could onlv he wrioii^iy entertained if we were in reality the van<|uished partv, and were convinced of our inuhility lo prolong the contest with reawinalile hopes of success. Onr further operations must, in my opinion, he conducted in one of the three fol- lowing: nui'&i^s'.^fiTst, to take and hold an iifflemnity line ; to recede from all places nnd poKilion!. now occupied in advance of it, and r»'a-c from all a^'yressive operations b«*yond that line ; urct/ml, to overrun the w)ioIc country, and hold all the principal placet in it hy permanent jrarrisons ; and. third, to retain what we now possess, open the lines of eomniunication into the interior, and extetui our operarions to other impor- tant jilaces, as onr means and the prospect of ailvanln{;es shall indicate — keeping; a di»po«able force always ready, within approac;hahIe limits, to annoy theeuemy, to seize »up|ilies. enforce contiiluitions, and frusttatr* his ellbrtj* to collect nieani and assemble lroo[H for the purpose of protrai'tine tlic war. A full discusxion of the comparative merit.s of llip.se modes of coiidnclin^ our niili- lar>- o|KTation'* would extend this communication to an unwarrantable len-ith ; I siiall, llier>>fore. confine my remarks to a few prominent considerations relative to each. With referenee lo n spi*eily |H'act.-. with proper indemiiitv nnd secuiity — tlie only oh- jiH-t of the war— llie line mdity it regarded as oh.iect ion able. If our present position cannot command acceptable ternw of paciticalion from IMcxico, rerirniif to an indem- nify line wonid certainly fail to prudni-c ^nch a rr^^ult ; it woidd weaken the iiwlucc- menlA of ihe enemv lo put an enrl to hontilities. Res'ored. by onr voluntary Mirreuder to the iiosspwion of biti cnpitnl and inipoilant departments, ami relieved from the pres- sure of onr arms, and from all apprehen-iiins of further coni|iic*;t uinl annoyance lii- vond the limit.* we might M-lect. lie would be left with mure abuii.bint rcoliey,) and to prevent inciimions into the terrilorien which we ini;;lit choov to apiiropriato lo oiir- ■elve^, would, in my opinion, require a force a* Inrpe as would snllice to maintain what we now occupy, and to carry onr 0|>ernlionH Mtill further in the interior of llu* t-nciuv'i country, and make him fefl the calainitiet of war in a way Ix-st calculated lo induce him to Ni-ek for |H'aee. Hut if in llii* I am niiitlnken. and the hne-poliey mliould enable ui to reduce the numlior of our troop*, ittill, it will nut, ns 1 coticcive, thereby etfect a reduction of our BCHml c:ii«ndtliin;s for tho war. Irj' consequenee of the interniption o'^ intercourse between Uie seaports In ow jjos- session, and the central parts of Mexico, the collections on imports have hitherto bt^en inconsiderable. If the line-policy i.s adopted, this intercourse will continue to he inter- rupted, and conset|nently, the receipts of revenue from this source will he small. Under the operation ot the line-jiolicv, all expectations of lessening Tlie burden of sustaining our Iroopv. by derivinf; supplies and contributions from the enemy, would be disappointed. The supplies in the vicinity of our posts would be withdrawn from oar reach, as soon as our desii;n to seize and appropriate them was ascertained or !tus- pected. But, were it otherwise, as our jiosts would be remote from the wealth and resources of the country, the amount wliich could be obtained would be inconside- rable. So far from deriving advantage from the line policy, by way of obtaining assislauee from llie resources of llie enemy, towards the supjiort of our troops, we should, I ap- prehend, confer U]>on a poition of the people of Mexico a direct benetit, by opening lo them at our posts a market, in whicli we should Iiecome the purchasers of their pro- ducts at an exorbitant price. These considerations, without bringing into view others, have led me to look to one of the oilier modes of 0]ieration I have menlioned, as pre- ferable lo that of occupying an indemnity line. In regard to the second mode suggested — that of occupying the whole country — tlie wide extent of territory embraced in the Mexican republic, the many important points to he garrisoned, and the long lines of communication lo be kejit open, present difticnb ties of no ordinary magnitude, if our occupancy is to be of such a cliaracier as to su- jiersede the Mexican autliority, and require the temporary establishment of civil go- vernment. In carrying lliis plan into eneet, it would not be reasonable to rely upon the favorable disposition, or even neutrality, of any considerable part of the Mexican [leople, until some assurance of llie stability of our power was derived from-its contin- uance. Our posts must therefore be strong, and our forces numerous, in order to ■•cure the many and long lines of communication, to disperse and chastise the guerrilla bands which would obstruct them, and to suppress the more powerful uprisings of the people wherever they may be attempted. I cannot safely estimate the force requisite lo carry into full effect this plan, at less than seventy thousand men. To insure the presence of that number iu the enemy's country, and at places where they would be wanted, it would be necessary to raise a much larger force. The great expense of raising, organ- izing, and sending to their remote de-stinaliou so large a body of troo;)s as soon as needed lo give effect to Ibis plan, wou!d, 1 apjirehend, bring a very heavy, and ]«;rha[is embarrassing, demand npou the treasury. The third mode presenled is, in my judgment, preferable to theother?. Beyond certain limits, it admits of expansion and contraction ; but, as a lixed condition, all now belli is lo be retained, and no part surrendered, but in com|iliance wiUi treaty stipulations. This plan also contemplates further acquisitions extending lo oilier im portaiit points, more or less numerous, as circnm'*t»uces may warrant. Notwithstanding our victoiic> have fallen with crushing weight upon the assembled armies of Mexico, most of thuse who Ijuhl in ilieir liaiuls the decision of the ijuestion of peace, liave stood beyond the lagiie of the physical evils inflicted by the war. Hy extending the theatre of it, and changing the mode of conducting it, they can be made to feel its jiressnre. In coiiisequcnce of our liberal and lnmiaiie policy, we have, as vet. scarcely touched the subslance of the wealthy au't inllueiilial cl.-usses in Mexico. "As the Mexican army has long been to them theiiislrumcnl of oppression in the hands of their successive rulers, its destruction has not deeply enlisted iheir sympathies, or alarmed their fears. Our army has aflbrded them better protection than their own ; and thus, by our presence and our forbearance, they have, within certain limits, bitli- erlo escaped exactions from eitiier. IJut our successes have now opened the way to act upon and influence those who nrobably can, if they will, put an end to hostilities. Uy making tlieni sufterllie usual calamities of war, they must be made to desire peace. In addition to tlic troops re(|uireil (o garrison jilaces to be relainedr it is proposed to have in the lield a competent Ibrce for aggressive ojierations — to strike the enemy when- ever lie may prcst-iil a vulnerable point ; to open a\eiiiics from the ports in our posses- sion into the eiu-iiiv'-. coMilry, and lo cover and to subject to our control some of his rich miniii:r ilisirids and productive agricultural regions. It is not deemed proper to point out ill more detail the niovemelits and objects contemplated iu the further prose culion of tlie war upon this jilan." Mr. CASS. — Assuming ihat this plan of operations recom- mended by tlic Secretary of War is the true one, and for myself I have no (Uuibt iijion that sulijcot. we have then lour great objects to lit' kept in view in estintating tlie force to be provided for ihe future conduct of the war: 1. The continued occupation of tlic important position we now Imld. 2. The taking possession of such other commanding points as experience luay show to be proper, and as the circmnstances of the war may retiiiire. 3. Tho preservation of the necessary communication between January 3.] THE TEN REGIMENT BILL. 57 our positions, as well from '.he sea-coast to the capital, as in other portions of the country which may be brought into subjection to us. 4. A strong force, independent of what is necessary for these purposes, which shall always be kept upon the alert and ready to move whenever there may be any appearance of an outbreak on the part of the Mexican people. , The organization and maintenance of a large force may be the means ol rendering its employment unnecessary. It is much bet- ter to render opposition hopeless, by the display of strength, than to excite it into action by the exhibition of weakness, and then to be compelled to resort to desperate struggles, to remedy evils which ordinary prudence would have prevented. It is true, hu- manity also, and we owe it to ourselves, to our army, who have done and suU'ored so much, to the enemy, and to tiie world. Remem- ber, sir, that our troops arc 3,000 miles from homo, in the midst of a hostile population of .some eiglit or ten millions, and that by great exertions and unparalleled bravery they have succeeded in a partial subjugation of the country. But we have no rig;ht again to expose them to such perils. There is a vast superiority of physical force opposed to tliem. All experience shows, that in this condition an invaded people will suddenly break out into insur- rections, and sometimes display an energy and courage which they failed to exhibit upon the battle field. Who would weigh with a critical balance the amount of opposition we have to apprehend, and the strength necessary to overcome it, and then coolly provide this calculated force, and leave events to take care of themselves ? What kind of political arithmetic would that be, which would .say, if so many troops have done so much, how many will it require to do so much more ? I trust that the supplies we may vote will be given upon a far better principle. Upon a principle which shall look indeed to results, but which shall make the most liberal ar- rangements for attaining them. The proceedings of this government are as well known in Mex- ico as here. They do not indeed travel upon the wings of the wind, but they travel with the power of the press, and are spread through the civilized world. Vigorous and prompt action will pro- duce the ha|)piest efTect upon the state of things in Mexico. No- thing would conduce more to impress upon the people of that coun- try the necessity of a peace, than a unanimous determination in Congress to put forth all the strength of the nation till it is ob- tained. I have caused the following abstract to be prepared from the re- port of the Adjutant General, exhibiting the entire strength of our present army, including regulars and volunteers: VOMirSTEERS. Actual force about 2<1,0()0 To complete the orgaiiizalioii will require . - - - . ]2,500 Twenty tive regiments of regulars. Full legal complimAit exclusive or'olKeers ---------- 28,814 Actual strength 21,533 To complete the organization will require ----- 7,281 During the last year there were recruited — for the old army - - 11,018 For the new army - - 11,162 Forces in the lield under Gen. ScotI — Regulars --------- 17,101 Volunteers -------- 15,035 Aggregate --------- 32,1.111 32.150 Deduct the garrisons of Taropico and Vera Cniz - - - - 1,947 Makes, for all the operations between Vera Cruz and Mexico, in- cluding garrisons, togetlier with the sick and disabled - 30,209 The returns in the Adjutant General's office do not show the actual distribotion of this force. Uuder General Taylor, but temporarily commanded by Gen. Wool — ' ' Ret'ulars -.----- 3,M7 Volunteers -------- 2,790 Aggregate - - ----- - - 6,727 6,727 Under General Price in New Me.\ico — Regulars --------- 255 Volunteers - - - - . . - - 2.902 Aggregate --------- 3,157 3,1.^)7 On the Oregon route, under Lieut. Col, Powell, Fort Kearney — Volunteers ------- - 477 In California, under Colonel Mason — Regulars - . - - - - 2113 Volunteers - - - - 803 Aggregate - i . - . 1,019 1,019 43..536 Total laud force employed in the prosecution of tlie war — Regulars - ----- - 21,509 Volunteeis - ----- 21,027 Aggregate --------- 43,536 It will be seen that we have in Mexico utider General Scott, be- sides thejjarrisons of Tampioo and Vera Cruz, about 29,000 men, rank and file, excluding othoers, and in the command of General Taylor, an aggregate of 6,72H men, officers included. From the statements of the Adjutant General, it appears that the actual force kept up is less, by one-fourth, than the legal force authorized by law. The continually renewing casualties of war, and other circumstances, occasion this difference. And it is not probable that the existing legal establishment could, by any effort, be made to keep in the field a greater numerical strength than is now there. So that if the force of the army is to be materially iAigmented, this must be done by the creation of new corps, and 30th Cong. — 1st Session — No. 8. by multiplying the arrangements for procuring recruits and vol- unteers. I have omitted in this enumeration, some bodies of vol- unteers which have been called out, but have not yet joined the army. They cannot, if full, which it is not probable they will be, exceed 2,200 men, and do not change the question before us, if in- deed they do more than keep up for a time the present number of volunteers in the field. I know nothing more of the proposed plan of the campaign than is disclosed in that part of the report of the Secretary of War which has just been read to the Senate. I do not, therefore, pre- sume to speak authoritively upon the subject, and indeed it may rt'cll be that no fixed system of operations has been or will be pre"- scribed by the Executive; but that, after expressing its general views, the conduct of the war will be left to the discretion of the commander. But it is easy to see that if the obstinate injustice of the Mexicans drives us to greater exertions, and to a more enlarged sphere of operations, there are a number of positions which, from their importance, military or political, we must seize and hold. — These can only be indicated l)y an exact knowledge of the coun- try, and particularly of its great lines of communication, which must be commanded and guarded. And the mining countries would claim their share of attention, in the efforts we may be called on to make. The rich districts of Zncatocas and San Luis yet contribute their supphes to the re- duced treasury of the enemy. I have seen, within a few days, a letter from one of the most gallant and distinguished generals in Mexico, which estimates the revenue now derived from the mines, at an amount so much higher than I was prepared to expect, that I am unwilling to state it here, as I am not at liberty to name my authority. But if this information is correct, or near it, the pro- duct is a most important portion of the national resources, which should bo diverted from the Mexican treasury to ours. And he also gives it as his decided opinion that, by proper arrangements and directions, the produce of the taxes of the country may be made to bear the expenses of holding it in our possession. If so, and the same infatuation continues to prevail in the Mexican councils, we can hold on, as indeed we must hold on, and let the enemy pay the cost of a state of things whose existence is owing to themselves. Without the extinction of their independence, and the annexation of such a vast population to our country, with few sympathies to unite them to us, we can continue to govern them; and govern them with energy and justice, sucli as are new in their history, till the lessons of adversity shall have taught them to do us right, and till the experience of our sway, and its operation around them, shall have brought them to a better state of feeling. We can then treat with efficient rulers, and after securing the just objects of the war, we can retire, leaving the Mexican people in the enjoyment of their independence, with a salutary conviction that it is better to provoke our friendship by justice, than to pro- voke our enmity by insults and aggressions. The returns show that we have less than 20,000 men, rank and file, which exclude officers, in the midst of a hostile population, of eight or ten millions, differing from us in race, in language, in re- ligion, in institutions, in prejudices, and, indeed, in all the charac- tics, which constitute national identities, and separate the great families of mankind from one another. This is exclusive of our force upon the Rio Grande, amounting to about six thousand rank and file, and which is hardly large enough to hold that region in peaceable possession, and to guard against the irruption of the Mexican troops. And it may be that this force will need augmen- tation, with a view to onward operations, either directly upon San Luis, or by tliemore circuitous but less difficult route of Zacate- eas, to the central countries of Nortlern Mexico. He who believes that this principal force of 28,000 men, and this auxiliary force of 6,000, including the sick invalids and disa- bled, are amply sulTicicnt to hold in subjection the people already re- duced to obedience, to carry the war further the longer it is protrac- ted, and to meet its casualties, whether these are found in the battle field, in the climate, or in popular tumults, may well vote against this bill, and refuse the augmentation it provides. But those who, like me, believe that this government, founded by all for the "ood of all, is bound by the most sacred obligations not to expose its citizens to unnecessary peril, nor to push their exertions to the very limit of human endurance, but to make the most liberal ar- rangements for the prosecution of the war, and to hold the treasure of the nation light as dust when weighed in the balance with the life blood of its sons, will cheerfully vote for this proposition, and hail its passage not only as a necessary measure of policj', but as a tribute to gallantry and patriotism. Mr. CRITTENDEN.— As -n-e have heard the remarks of the honorable Senator, I will now, with his permission, move to post- pone the further consideration of this bill until after tlie Senator from South Carolina, (Mr. Cilhoun.) shall have an opportunity to-morrow of addressing the Senate upon the resolutions introduced by him. Mr. CASS. — I have no objection to the postponement of the bill, provided it is understood that after the honorable Senator from South Carolina has opened the subject, and made the re- marks which he desires to make, that he will then give way to this bill. It is only upon the condition that he gives waj- to this measure, that I will consent to the postponement. Mr. C.'VLHOUN. — Believing that I probably might not have the opportunitv to speak to-morrow, I had a conversation withth© Senator from Michigan, and expressed to him mv desire of addres- fing the Senate. If I have that opportunity, it is all I aak 58 THE TEN REGIMENT BILL. [Monday, Mr. CRITTENDEN. — I have no objection to withdraw tliat motion, but witli regard to any understanding that this bill shall be prooeeded with, I am not disposed to admit myself, nor am I authorized to enter into any understanding whieh will in any way eoMimit Senators upon this side to any particular course. I should myself be glad that the Senator from Michigan should proceed, as he will of course be able to do, notwithstanding any votes that may be given on this side of the chamber. Mr. CASS. — I trust, if the subject is not postponed expressly with a view to accommodate the Senator from South Carolina, we shall go on with the eonsidciaiion of the bill, for there is no more important question which can bo presented to the American Sen- ate. Mr. CALHOUN. — I certainly am desirous of knowing in ad- vance whether I can have an opportunity of speaking to-morrow or not. I introduced my resolution belore I lie Senator's liill was reported, and fixed a day for its consideration. Now, if I am to be prevented from addressing the Senate, by reason of a measure subsequently introduced, which lias obtained a parliamentary ad- vantage, al[ 'hat I can say is, it will be the lirst occurrence of this kind that I have ever known. All I ask is the opportunity of being heard. I do not choose to speak upon this bill, and my reason for it is, that it does not give mo the scope which I desire. I wish to have it understood whether I jira to have to-morrow or not. Mr. CASS. — I hope the honorable Senator will do me justice; he will recollent, and the Senate will recollect, that at the very time his resolution was introduced, and the day ti.xed for its con- sideration, I then stated to the Senate that for myself, I should endeavor to get this bill up to the exclusion of all other business. I am not actuated, as the Senator seems to infer, by a desire to o.'iclude him from an opportunity of addressing the Senate; I only desire that this measure shall be proceeded with without delay, believing it to be the most important business that can be brought before the Senate. Mr. WESTCOTT said ho should vote against any course cal- culated to postpone the j)assagc of this bill a single hour. He deeply regretted that any one had supposed there was any dis- courtesy towards the Senator from South Carolina, [Mr. C.\L- HOUN,] in insisting on its being .acted on before any other business. He disclaimed any such intention on his part. The Senator from South Carolina was, of all others, that member of the Senate towards whom he should be most anxious to avoid disrespect or discourtesy. But he conscientiously regarded the passarre of the bill as imparatKcly demanded by every dictate of prudence and wise policy. He did not consider the decision of the Senate on this bill as at all connected with_ the resolutions of the Senator from South Carolina. No matter what was the ulterior policy adopted by us — even if it was resolved to withdraw our army from Central Mexico, and adopt the defensive line-poliey, still, in his opinion, this bill should be passed forthwith. It will take nicintlis after the bill becomes a law to get the troops into the Held. After it passes the Senate there may be delays elsewhere. Great, sir, .as is the conlidenee I have in the skill, valor, and prowess of our gallant soldiers in Mexico, unforeseen and unex- pected circumstances may involve them in difficulties making re- mforcomcnts necessary. The orders of the government to sustain the army by taking supplies from the enemy, have just about this time been received by the army. Three weeks hence we may, and some believe that we shall, get information that the ell'cct of the enforcement of those orders may be the requirement of an ad- ditional force there forthwilh to suppress outbreaks and insurrec. tions. I will not say I anticipate this, but it is not improbable. Our fellow-cilizcns of the army are in a foreign land, in the midst of eight or ten millions of embittered foes, wlio are ready to avail themselves of any opportunity to massaerte every erne of them They arc scattered over Me.xico in several difiercut towns, and divided into deiachmcnts not .very strong in numbers. They arc in a diirerent ehmate from that they have lived in— they are pecu- liarly lable to be attacked by disease. Armies are more subicct to epidemics than those who compose ihciu are when at their homes. If any disaster should occur to any of our brave men in Mexico, winch the giving the reinforcements afforded by this bill could have prcvcnied, and if the immediate passage of this bill was delayed by any act or vote of mine, I slmuld feel as if the blood of those thus sacrihced w,-is upon my hands. Another ar !M I r-coUect dis- tinctly, that my object in makini; lliat inliniaiioi u :is to meet a remark of the Senator from South Carolina, anil it «as in connex- ion with what was said by the Senator from Ohio. Mr. MANGUM. — I have no doubt that the Senator from Ar- kansas is perfectly correct in sayinj that there is no intention on the part of any one, to prevent "the Senator from South Caro- lina from bein" heard to-morrow ; and for the very reason, that this has been almost the constant usage m this body. I tlimk a creat deal more consefiuencc has been attached to the jmportance of immediate action on this bill than it is entitled to. There is no disposition to deprive the administration of the opportunity of pre- sontino- llicir measures in their own good time, and althou<;h I must say that, if I had mv choice, I would prefer to hear the discussion upon the resolutions'— to hear an e.xpression of the sentiments en- tertained liy Senators previous to lying called upon to grant suj)- plies to any extent— but if the administration measures are urged on the "round of a pressing public necessity, I am unwilling to take the responsibility of occasioning any delay in regard to those mea- sures which they deem of the highest magnitude. It is true, that the resolutions of the Senator from South Carolina open a much ■wiAcr range of debate, but if it be the sense of the Senate that tlie discussion" should be delayed and the supplies proceeded with. I shall not offer any impediment, nor will any one on this side of the chamber, I am convinced, although I am not authorized to speak for others. ,If it be the sense of the Senate to renew the discus- sion on the bill as soon as the Senator from South Carolina shall have expressed his views, be it so. I am not apprised that there is any disposition here unnecessarily to postpone linal action upon any measures of the administration. Mr. FOOTE. — When I used the word ''scheme," it was cer- tainly not with any discourtesy towards the Senator from North Carolina. It was' merely in allusion to the postponement of busi- ness there being conflicting views in regard to the expediency of first taking up one subject or the other ; and in reference to gen- tlemen who might be inclined to seize upon what might, perhaps, be properly lorined a parliamentary advantage. And, while I jm up, I will remark that if the Senator from North Carolina under- stands me as using the word "scheme'' in any disrespectful sense, in reference to himself or in reference to the State of North Caro- lina, he is entirely mistaken. But while the honorable Senator re- pels the idea of the application of such a terra to his own State, I hope he does not mean to imply that I came froufa part of the country where schemes of a discreditable character are more apt to be adopted than in North Carolina. If I had understood the Senator as intending such an intimation, I should have repelled it at the moment with promptitude, and, perhaps, with some heat. The State of Mississippi, glorious in war and distinguished in peace, stands upon a mountain elevation too lofty to be reached by the arrows of assailment hurled at her character — even by the Se- nator from North Carolina. As was once observed here, on a some- what similar occasion, by a distinguished member of this body, there is not suflicient strength in the bow which he bends to bring the arrows to their mark. Mr. BADGKR. — It was ray intention, as soon as the Senator had taken his seat, even had he done so without introducing such a threatenin;; ligure, to say to him that I did not think of the cir- cumstance which might have led to the suspicion that there was at least the appearance of discourtesy in what I said. I meant no dis- courtesy; and I assure him that even if I were not satisfied of the strength of Mississippi, on this floor and elsewhere, I entirely dis- claim the intention of assailing her. She is connected with North Carolina by many ties of a.ssociation; and I can assure the hono- rable gentleman that if he does not makeup a conflict on this floor before he is assailed by me, he will pass through his senatorial career (and long may it be,) in the most agreeable manner, and that he never will have occasion, so far as I am concerned, to make the Senate the ari^na of any unpleasant observations. And in- deed, I had not the slightest idea that the Senator had used the word "scheme" offensively. I am sure the word dropped from him unguardedly, and I was far from taking offence at it, for I am not "sudden and ([iiiek in quarrel" — I am not anxious to lind cause of ofFence, nor desirous to signalize myself in contests of this kind. Perhaps there might have been another consideration- — that feelin" on the subject a tolerably clear conscience, I would not have lieen much disturbed if I lind supposed the Senator was aiming the word opprobriously at my State. " Mr. FOOTE.— I trust I shall be excused for trespassing a sin- gle moment liirther upon the time of the Senate. Notwithstand- ing the express disclaimer of the Senator from North Carolina in the (Irst half of his r(!marks. there is something yet in the tone and bearing of ihc honorable Senator, which, without explanation conveys the impression that he has not that respect for the State of Mississippi wliii'h is due to her. Mr. BADGER. — I have expressly disclaimed iiucndiiig any of- fence to Missis.sippi. Mr. FOOTE. — Sir, so I understood the Senator, and yet from the wlndo tenor of his remarks wo are n.s much at a loss as in Uic intention of the Senator as before. He certainly di pone the business of the country, or the necessary measures of le- gislation for the prosecution of the war, in order to take up an ab- stract question, having no practical bearing upon our legislation, can be considered an act of discourtesy. 1 am equally unable to perceive how it is that the resolutions of the Senator frora South Carolina will . The same measures are proposed. It is still "a vigorous prosecution of the war." The measures are identically the same. It is not for conquest — that is now as emphatically disowned as it was in the first instance. The object is not to blot Mexico out of the list of nations ; for the President is as emphatic in the expression of his desire to maintain the nationality of Mexico. He desires to sec her an independent and flourishing coramunitv, and assigns strong and cogent reasons for all that. Well, sir, "the question is now, what is to be done ? We are now coming to the practical ([uestion. Shall we aim at carrying on another vigorous campaign under present cireurasiances. I have examined this question with care, and I repeat, that I cannot support the recommendations of the President. There arc many and powerful reasons, stronger than those which existed at the commeneeraent of the last campaign, to justify my opposition now. There is a bill for ten additional regiments now before the Senate, and another bill providing for twenty regiments of volun- teers has been reported, making in all not less, I suppose, than twenty-five thousand troops, raising the :iumber of troops in the service, as I presume the chairman of the Committee on Military Affairs can inform you. to not much less than seventy thousand in^ the whole. Well, sir, the expense wdl be much more than that of the last campaign. It will cost not much short of sixty millions of dollars. To meet so large an expenditure would involve, in the present and prospective condition of the money market, it is to be appre- hended, not a little embarrassment. Last year money w.as abun- dant, and easily obtained. An unfortunate famine in Europe cre- ated a great demand for our agricultural products. That turned the balance of trade greatly in our favor, and specie poured into the country with a strong and steady current. No inconsiderable portipn of it passed into the Treasury, through the duties, which kept it full, in spite of the large sums remitted to meet the ex- penses of the war. The case is different now. Instead of having a tide flowing in, equal to the drain flowing out, the drain is now both ways. The exchanges are now^ against il, instead of being in our favor, and instead of specie flowing into the country from abroad, it is flowing out. In the meantime, the price of stocks and Treasury notes, instead of being at or above par, have both fallen below, to a small extent. The cfl'eets of the depreciation of Treasury notes will cause them to pass into the Treasury in pay- ment of the customs and other dues to the government, as the cheaper currency, instead of gold and silver; while the expenses of the war, whether paid for by the transmission of gold and silver direct to Mexico, or by drafts drawn in favor of British merchants or other capitalists there, will cause whatever specie may be in the vaults of the Treasury to flow from it, either for remittance direct, on account of the ordinarv transactions of the country, or to pay the drafts which may be drawn upon it, and which, when paid in the present state of exchanges, will bo remitted abroad. But this process of jiaying in Treasury notes, instead of gold and silver, and gold and silver Jlowing out in both directions, cannot continue long without exhai sting its specie, and leaving nothing to meet the public expenditure, including those of the war, but Treasury notes. Can they, under such circumstances, ])reserve even their present value ? Is there not great danger that they will fall lower and lower, and finally involve the finances of the government and the circulation of the country in the greatest embarrassment and difficulty? Now, sir, in this state of things, what can possibly follow? A great commercial crisis — a great financial crisis — even, possibly, a suspension of the banks. I do not pretend to deal in the language of panic. But there is danger of all this, of w'hicli there was not the slightest apprehension at the commencement of the last ses- sion. At present there is great danger. The great difficulty in prosecuting your campaign will be to obtain money. Men you may raise, but money it will be difficult to get. I lately conversed with a gentleman who ought to know these things better than my- self, and he supposed that forty millions of dollars would be re- quired, either in the shape of Treasury notes or stocks, to carry on the campaign. I asked at what price money could be had, and the answer was that it would be at the rate of ninety for one hun- dred, which would be rather more than seven per cent. I believe. But, sir, these are not the only olijections, formidable as they are. The farther you proceed, the difficulties will increase. I do not see the slightest chance that can tend to the realization of what it is avowed, the prosecution of the war is intended to ac- complish. The object is to oblain a treaty. We no longer hear of cont[uering a peace, but of obtaining an honorable treaty — -the meaning of wdiich, is neither more nor less than that we are to obtain a treaty from Mexico, giving us a cession of land equal to the whole indemnity already slated in the former part of my re- marks. Well, sir, as it strikes me, whether the war is successful or unsuccessful, it must certainly end in the defeat of the object, for the attainment of which it is avowedly prosecuted. If the war be unsuccessful, I need not argue the point. If we should be baffled in our arms — as I trust we will not be, and I think is not very likely to be the case — if circumstances should prove un- fortunate for us, and we should not be able to accomplish, in a mil- itary point of view, what is characterized as a vigorous prosecu- tion of the war, then certainly ihere will be no Ireaty. I take higher ground. I insist upon it that the more successfully this war is prosecuted, the more certain will be the defeat of the eb- jects designed to bo accomplished, whilst the objects disavowed will be accomplished. How is a successful war to be carried on? What is the object of it ? What is it intended to effect ? I can see but one thing to be efl'ected. It is to suppress all resistance m Mexico, to overpower and disperse her army, to overthrow her civil government, and to leave her without any farther power of resistance. Well Mr. President, if that bd done, what is the re- 64 MR. CALHOUN'S RESOLUTIONS. [Tuesday, silk ? How arc you to get an honorable peace ? It takes but one ]>arly to make war — two parties to make peace. If all authority in Mexico he overthrown, if there be no legitimate power with whom to negotiate, how are you to aocomplish those objects which it is proclaimed this vigorous' prosecution of the war is intended to fflect. Sir, you are defeated by your success. That will be the clear and inevitable result. But what do you accomplish ? The very objects which you disavow ! For if the war should be so pros- ecuted, where will be the nationality of Mexico ? Where her sep- arate existence ? Where this free republic with whom you desire to treat ? Gone ! We have blotted her out of the hst of nations. She has become a mere mass of individuals wilhout any political existence, and the sovereignty of the country, at least, for the time being, is transferred to us. Now, Mr. President, this is not only a conclusion from reasoning upon this subject, but it is one to which, if I understand the President aright, he comes with a sin- gle exception, and that, a mere contingency not likely to take place. The President has very much the same conception of the object of a vitrorous war as I'liave presented. He says that the greatdilVieullv of netting peace results from this, that the people of Mexico are divided uiider factious chieftains, and that the chiel- tain in power dare not give peace because his rival would then be able to turn him out; and that the only way to remedy this evil and obtain a treaty, is to put down the whole of them- Well, what is to be done then ? Is the thing to slop there? No. We are then to build up aL'ain and establish, under our power and pro- tcetion, a republican form of government from the citizens who are well disposed, which he says are numerous, and are prevented from obtaining it only by fear of those military chiefs. And- it is with this government, sir, which is to grow up under the encour- agement and protection of our army — to be established by their authority — that it is proposed to treat in order to obtain peace. I must confess I am a little at a loss to see how a free and indepen- dent republic can grow up under the protection and authority of its conqueror. I do not see how such a government can be estab- lished under his authc^ity. I can readily understand how an aris- tocracy — how a kingly government — a despotism, mijjht be estab- lished by a conqueror. But how a free and independent republic can grow up under such circumstances, is to me incomprehensible. I had always supposed that republican government was the spon- taneous work of the people— that it came from the people — from the hearts of ihe people — that it was supported by the hearts of the people, and that it required no support- — no protection from any quarter whatever. But, sir, it seems that these are antiqua- ted notions — obsolete ideas — and that we may now manufacture republics to order, by authority of a conquering government. But suppose, sir, all these difficulties surmounted. How can you make a free government in Mexico ? Where are your mate- rials ' It is to be, 1 presume, a confederated government like our own. Where is the intelligence in Mexico adequate to the eon- siruetion of such a ifovernment ? That is what she has been aim- ing at for twenty-odd years, but so utterly incompetent are her people for the work, that it has been a complete failure from be- ginning to end. The great body of the intelligence and wealth of Mexico is concentrated in the priesthood, who are altogether disin- clined to that form of government. Then the owners of the haci- endas — llie large philiters of the country, who comprise almost all the remaining mass of intelligence, are without opportunities of concert and destitute of the means of forming such a government. Sir, such a government would be impossible — and if put up, would tumble down the very next day after our protection was with- drawn. It appears to mc to be a far more plausible plan, if it is deter- mined to have ]>cacc, to sustain the government that now exists in Mexico; or rather to refrain from putting it down. Let it grow up and mature itself. 1 have conversed with several officers of the army — men of intelligence — on the subject, and all agree in the opinion that the mere shadow of a government which now re- main sat Queretaro, will have no authority whatever ; and that if we were to make a peace in any degree conformatory to our view of what a peace ought to be. the very moment we withdraw, it would all be overthrown ; and what then ? The very country as- signed to' us by the peace for an indemnity, we must either hold defensively and be brought back ultimately to the defensive line which would be the end of the whole of it ; or, return and renew this war till it terminates in the coiu|uest of the country. I protest utterly against this government undertaking to build up any government in Mexico with the pledge of protection. The party placed in power must be inevitably overthrown, and we will be under the solemn obligation to return and reinstate them in pow- er; and that would occur again and again, till the countrv would fall into our hands precisely as Ilindostan fell into the hands of the English. This very conquest of Hindostaii, wbieli we have been censuring for years and years, ever since I recollect, was the re- sult of mistaken policy, leading on from step to step, each one deeper and deeper — scarcely any design of conquest being enter- luined, but ultimately conquest became unavoidable, and it was ne- cessary not to hold the country, but to conquer the adjacent terri- tory . Well, sir, if this contingency follows — if the Executive fails in establishing another government there under our eneoura"emeiit and protection, and if the government it.self shall refuse to make a treaty with us on such terms as we will accaqit in regard to in- demnity, then the President himself agrees that he must take the very course which I have said would be the inevitable consequence of a vigorous proueeuliou of iUu war. The Picsidcnt says iii sub- stance, after having attempted to build up such a government — after having employed the best etrorts to secure peace upon the most liberal terms,'if all fail— I now give his own words — if all fail, we must hold on to the occupation of the country, we must take the measure of indemnity into our own hands, and enl'orce such terms as the honor of the country demands. Now, sir, what is this? Is it not an acknowledgment, that if this factitious government, which is aimed at, cannot be built up, we must make a conquest of the whole country and occupy it? Can words be stronger? "Occupy the country" — take the full measure of indemnity — no defensive line — no treaty — and enforce terms — terms on whom ? On the government? No, no, no. It is to enforce the terms on the peo- ple individually; that is to say, to establish a governtuent over tliem in the form of provinces. Well, the»Pi'esidenf is right. If in the vigorous prosecution of the war, as Tlie President proposes, the contingency should fail — and the chances of its failure are many — there will be no retreating. Every act against calling back the army, as they designate it — against taking a defensive line, which is now advanced, will have double force after you have spent sixty millions of dollars, and have acquired possession of the whole of Mexico. The interests in favor of keeping us there will be much more iniJuenlial then than now. The army itself will be larger. Those who live by war — a large and jiowerful body — the numerous contractors, the .sutlers, the merchants, the speculators in the lands and mines of Mexico, and all engaged every way, directly or indirectly, in the progress of the war, and absorbing the whole expenditures, will be all adverse to retiring, and will swell the cry in favor of continu- ing and extending conquest. The President talks, sir, of taking indemnity into our hands, then; but why not_take indemnity now? We are much nearer indemnity now than we will be at the end ot" the next campaign, when we shall have sixty millions added to the expenditure of the last forty. What will you then have to indemnify you? Nothing but a Mexican population, on whom you are to im- pose taxation in all forms and shapes, and amongst which you will have to maintain an army of at least forty thousand men, accord- ing to the Senator from Mississippi, (Mr. Davis,) not a very large number; for he says that the 43,000 men now there are in danger. Then there is no indemnity at all. You will never get enough in that way to meet your expenditures It will all have to come out of the pockets of the people of the United States; and after all the talk of indemnity — of pushing on this war vigorously to success — at the end of the next campaign, instead of indemnity, you will have a heavy pecuniary burden imposed upon the present and succeeding generation. Well, we have now come to the solemn question proposed by these resolutions, I have shown where this line of policy will, in all probability, lead you — I may say, will inevitably load you, unless some unexpected contingency should prevent. It will lead to the blotting out of the nationality of Mexico, and the throwing of eiijht or nine millions of people, without a government, on your hands. It will compel you, in all probability, to assume the gov- ernment, for, I think, there will be very little prospect of your re- tiring. You must either hold the country as a province, or incor- porate it into your Union. Shall we do cither? That's the ques- tion. Far from us be such an act, and for the reasons contained in the resolutions. The first of these reasons is this: It would be inconsistent with the avowed object for which the war was prosecuted. That needs no argument after what has been said Since the commencement of the war till this moment, every man has disavowed the intention of conquest — of extinguishing the existence of Mexico as a peo- ple. It has been constantly proclaimed that the only object was indemnity. And yet, sir, as events are moving on, what we disavow may be accomplished, and what we have avowed may be defeated. Sir, this result will be a dark and lasting imputation on either the sincerity or the intelligence of this government; on its sincerity he- cause so opposite to your own avowals; on your intelligence for the want of a clear foresight m so plain a case, as not to discern the consequences. Sir. we have heard how much glory our country has acquired in this war. I acknowledge it to the full amount, so far as military glory is concerned. The army has done nobly — chivalrously — they have conferred honor on the country, for which I sincerely thank them. I believe all our thanks will be continued to the army. So far as I know in the civilized world, there is no approbation of the conduct of the <'ivil portion of our jiowcr. On the cinilrary, every where the declraation is made that we are an ambitious, unjust, hard people, more given to war than any other people of modern times. Whether tliis be true or not, it is not for me to inquire. — I am speaking now merely of the reputation which we bear abroad. Everywhere, I believe, for as much as we have gained in military reinitation abroad, I regret to jierccive, we have lost in our poli- tical and civil rc)iutation. Now , sir. much as I regard military glory — much as I rejoice to behold our people in possessi'ui of the iiulomitablo energy and couiagc which surtuount all diliicultics, and which class tliem among the tirst mditary people of the age, I would be very sorry indeed that our government should lose any renutation for wisdom, moderation, discretion, justice, and those other high qualities which have distinguished us in the early stages of our history. The next reason which my resolutions assign 'is, that it is with- out example or preccilent, either to hold Mexico as a province, or to incorporate her into our Union. No example of such a line of policy can be found. We have conquered uiany of the neighbor- January 4] MR. CALHOUN'.S RESOLUTIONS. 65 in" tribes of Indians, but we never thought of holding them in sub- jection — never of incorporatins^ them into our Union. They have either been left as an independent people amongst us, or been dri- ven into the forests. I know farther, sir, that we have never dreamed of incorpora- ting into our Union any but the Caucasian rac« — the free white race. To incorporate Me.xico, would be the very first instance of the kind of incorporating an Indian race, i'or more than half of the Mexicans are Indians, and the residue is composed chiefly of mi-xed blood. I protest against such a union as that .' Ours, sir, is the government of the white man. The greatest misfortunes of Span- ish America are to be traced to the fatal error of placing ihese colored races on an equality with the white race. That error de- stroyed the social arrangement which formed the basis ol" society. The Portugese and ourselves have escaped — the Portugese at least to some extent— and we are the only people on this continent which have made revolutions without being followed by anarchy. And yet it is professed and talked about to erect these Mexicans into a territorial ijovornment, and place them on an equality with the people of the United States. I protest utterly against such a project. Su-, it is a remarkable fact, that in the w-hole history of man, as far as my knowledge extends, there is no instance whatever of any civilized colored race being found equal to the establishment of free popular government, although by far the largest portion of the human family is composod of these races. And even in the sa- vage state we scarcely find them any where with such government, except it be our noble savages — for noble I will call them. They for the most part had free institutions, but they are easily sustai- ned amonst a savage people. Are we to overlook this fact ? Are we to associate with ourselves as equals, companions, and fellow- citizens, the Indians and mixed race of Mexico ? Sir, I shoulil consider such a thing as fatal to our institutions. The next two reasons which I assigned, were, that it would be m conflict with the genius and character of our institutions, and subversive of our free government. I take these two together as they are so intimately connected ; and now of the first — -to hold Mexico in subjection. Mr. President, there are some propositions too clear for argu- ment ; and before such a body as the Senate, I should consider it a loss of time to undertake to prove that to hold Mexico as a sub- jected province would be hostile, and in conllict with our free po- pular institutions, and in the end subversive of them. Sir, ho who knows the American constitution well — he who has duly studied its character — he who has looked at history, and knows what has been the effect of conquests of free states invariably, will require no proof at my hands to show that it would be entirely hostile to the institutions of tlio country, to hold Mexico as a pronnce. — There is not an example on record any free state even having attempted the conquest of any territory approaching the ex- lent of Mexico without disastrous consequences. The na- tion conquered have in time conquered the conquerors by destroy- in" their liberty. That will be our case, sir. The conquest of Mexico would add so vast an amount to the patronage of this go- vernment, that it would absorb the whole power of the States in the Union. This Union would become imperial, and the States mere subordinate corporations. But the evil will not end there. The process will go on. The same process by which the power would be transferred from the States to the Union, will transfer the whole from this department of the government (I speak of the le. gislature) to the Executive. All the added power and added pa- tronage which conquest will create, will pass to the Executive. — In the end you put in the hands of the E.xecutive the power of conquering you. You give to it, sir. such splendor, such ample means, that, with the principle of proscription which unfortunately prevails in our country, the struggle will be greater at every presidential election than our institutions can possibly endure. The end of it will be, that that branch of the government will be- come all-powerful, and the result is inevitable — anarchy and des- potism. It is at certain as that I am this day addressing the Se- nate. Sir, let it not be said that Great Britain furnishes an example to the contrary — that she holds provinces of vast extent of population without materially impairing the liberty of the citizen, or exposing her to anarchv, confusion, or corruption. It is so ; but what is the explanation '. Of all governments that ever existed aflbrding any protection whatever to liberty, the English government far transcends them all in that respect. She can bear more patronage in proportion tn her population and wealth than any government of that form that ever existed, nay, to go farther, than can despo- tism in its most absolute form. 1 will not go into the philosophy of this ; that would take me farther from the track than I desire But I will say in a very few words, it results from the fact that her Executive and the House of Peers, the conservative branch of her government, are both hereditary. The Roman government may have exceeded, and did,exceed, the British sovernment in its power for conquest ; but no people ever did exist, and probably never will exist, with such a capacity for conquest as that people. But the capacity of Rome to hold subjected provinces, was as nothing compared to that of Great Britain, and hence, as soon as the Roman power passed from Italy beyond the Adriatic on one side, and the Alps on the other, and the Mediterranean, their liber- ty fell prostrate — the Roman people became a rabble — corruption penetrated every where, and violence and anarchy ruled the day. Now, we see England with dependent provinces of vastly greater territorial extent , and probably not less in population — I have not examined— we see her going on without impairing personal liberty, 30th Cong. — 1st Session — No. 9. or exposing the government to violence or anarchv. Yet the En- glish have not wholly escaped. Although they have retained their liberty and have not fallen into anarchy and despotism', yet we be- hold the population of England crushed to the earth by the super- incumbent weight of debt. Reflecting on that governrnent, I have often thought that there was only one way in which it could come to an end — that the weight o( the superstructure would crush the loundatiou — that the wealth accumulated, in part by these very conquests, by the higher classes would crush the laboring masses below. But has she obtained indemnity from all her subjecteil pro- vinces ! On the contrary, instead of drawing the means of sup- portinnj herself from thcui, has she not been compelled to resort to the labor of her own population to hold them in subjection ? And has she not thrown a burden upon them, which, with all their in- dustry and skill — with all their vast accumulation of capital and power of machinery, they are incapable of bearing without being reduced to poverty ? Take even her earliest and nearest conquest — the neighboring island of Ireland — is it not to this day a source of hea\y expense, and a burthen to her, instead of a source of re- venue ? But while the English government has such vast power of hold- ing subjected provinces in subjection without impairing her lib- erty — without the evils incident to it, our government, of all free governments that ever existed, has the least capacity to bear pat- ronage proportionate to its wealth and power. In this respect the genius of the two governments is precisely the opposite, however much alike in their exterior forms, and their laws and customs. The cause of this difference I cannot undertake to explain on the present occasion, but must content myself by saying that it results from its federal character and the nature of its conservative prin- ciples. Shall we, then, with these certain aid inevitable conse- quences in a government better calculated to resist them than any other, adopt such a ruinous policv, and reject the lessons of ex- perience? So much then, Mr. President, lor holdmg Mexico as a province. ' I come now to the proposition of incorporating her into our Union. Well, as far as law is concerned, that is easy. You can establish a territorial government for every state in Mexico, and there are some twenty of them. You can appoint governors, judges and magistrates. You can give the people a subordinate Sovernment. allowing them to legislate for themselves, whilst you defray the cost. So far as law goes the thing is done. There is no analogy between this and our territorial governments. Our ter- ritories are only an ofl'set of our own people, or Ibreigniirs from the same regions from which wo came. They arc small in number. They are incapable of forming a government. It would be incon- venient for them to sustain a government, if it were formed; and they arc very much obliged to the United States lor undertaking the trouble, knowina that on the attainment of their majority— when they come to manhood — at twenty-one — they will be iniro- duded to an equality with all the other members of the Union. It is entirely difl'erent with Mexico. You have no need of armies to keep your territories in subjection. But when you incorporate Mexico, you must have powerful armies to keep them in subjec- tion. You may call it annexation, but it is a forced annexation which is a contradiction in terras, according to my conception. You will be involved, in one word, in all the evils which I attri. bute to holding Mexico as a province. In fact, it will be but a provincial government, under the name of a territorial government . How long will that last' How long will it be before Mexico will be capable of incorporation into our Union? Why, if wc judnid copies may be furnitlied by tile I'nnteri. COMMISSIONS TO AGENTS. Agreeably tn imtice, Mr. HUNTER asked, and obtained leave, to bring in a bill to authorize the payment of equitable coin- iiussions to the agents or attorneys of persons in whose favor awards have been made under three several treaties between the United States and certain foreign powers, which awards have been retained in the Treasury in pnyinent of debts duo to the United States; which was read the first and second times, by unanimous consent, and referred to the Committee on Finance. MARTIN FENWICK, DECEASED. Agreeably to notice, Mr. JOHNSON, of Maryland, asked, and obtained leave, to bring in a bill for the relief of the legal repre- sentatives of Blartin Fenwick; which was read the first and second times, by unanimous consent, and referred to the Committee on Public Lands. EMIGRANTS TO LIBERIA. Mr. JOHNSON, of Maryland, from the Committee on Com- merce, to whom had been referred the memorial of the American Colonization .Society, reported a bill exempting vessels employed by the American Colonization Society in transporting colored emi- grants from the United Stales to the coast of Alrica, from the pro- visions of the acts of 22d February, and 2d of March, 1847, regu- lating the carriage of passengers in merchant vessels; which was read, and passed to the second reading. RICHARD S. COXE. Rfr. ASHLEY, from the Committe on the Judiciary, to whom had been referred the memorial of Richard S. Coxe, made a report upon the subject, accompanied by a bill lor his relief. The bill was read and passed to the second reading. Ordered. That the report be printed. REPEAL OP PILOT LAWS. Mr. DIX, from the Committee on Commerce, to whom had been referred the bill to repeal the act of 2d March, 1837, entitled "An acl concerning Pilots;" reported it without amendment. IMPROVEMENT OF THE SAVANNAH RIVER. Mr. DIX , from the Committee on Commerce, to whom had been referred the bill making an appropriation for removing obstructions in the Savannah river, reported it without amendment. THOMAS N. WELSH. Mr. RUSK, from the Committee on Revolutionary Claims, to whom was referred the petition of Thomas N. Welsh, submitted a report, accompanied by the fo'lowing resolution: RrsfilveJ, That the Secretary of the Senate do send the petition and other papera, accompanying it, to the Secretary of War. with this report. The Senate proceeded, by unanimous consent, to consider the said resolution; and the resolution was agreed to. THE SHIP .lAMES MITCHELL. Mr. BRADBURY, from the Committee of Claims, to whom had'been referred the memorial of George Harvey, made a report thereon, accompanied by the following resolution; Hf.^o!rfil, That the prayer of Georpe Harvey, agent for the owueri and consigDees of the English ship James iMitchell, onghl not to begianted. Ordered, That the report be printed. MESSAGE FROM THE HOUSE. The following message was received from the House of Repre- sentatives, by Mr. Campbell, their Clerk: Mr. President : The House of Eepresentatix es have jiassed a bill making further pro- visions for surviving widow, of the soldiers of the Revolution; in which they request the concurrence of the Senate. The President of the United States yesteidav approverl and signed the enrolled bill [titled ".\n acl making appropriations to supply in part a deficieni'y in the appropria- iins for subsistence in kind, of tlie army and volunteers during the year ending June nil, 184?." entitled ".\n acl making appropriations to supply in part a deficieni-y in the appropria Vinil, of the army and volunteers dur' REVOLUTIONARY PENSIONS. The bill from the House of Representatives making further pro- visions for surviving widows of the soldiers of the Revolution, was read the first and second times, by unanimous consent, and refer- red lo the Committee on Pensions. THOMAS RHODES. The engrossed bill for the relief of Thomas Rhodes was read a third time. Resoh-ed, That this bill pass, and that the title thereof be Oi atbrcaid. Ordered, That the Secretary request the concurrence of the House of Representatives in this bill. ASSISTANT rtJRSERS. •The bill to authorize the appointment of Aosistant Pursers in »he Navy, was passed by informally. Januahy 5.] PRIVATE BILLS— BOUNTY LANDS— PENSIONS. 69 PRIVATE BILLS. The following; bills were severally read a second time, and con- Fiidered as in Committee of the Whole: Bill lor the relief of Foxall A, Parker, of the United States Navy. Bill fortJie relief of tjie heirs of Andrew D. Prosby. Bill for the relief of William A. Chnstian. On motion by Mr. SEVIER, it was Ordered, That they severally lie on the table. BOUNTY LAND WARRANTS. The Senate proceeded to consider, as in Committee of the Whole, the bill to allow further time for satisfying claims for bounty lands.. for military services in the late war with great Britain, and for other purposes, Mr. SEVIER said he hoped the Chairman of the Comraittee from which this bill was reported would explain the reason which existed for its passage. This was a rule which had been generally followed heretofore. The are, continued Mr. Skvier, extensive tracts of land reserved for military bounty land, which land is ex- empted IVom taxation, much to the injury of the districts in which they lie. I think it is time that this system should be put an end to. There may be individual cases which are deserving of special legislation, but we ought to pause, I think, before we adopt anv general law embracing a class of cases which have been already provided for, more especially when we all know that doubtful claims of thirty years' standing invariably grow stronger and bet- ter as they grow older. Mr BREESE. — This bill was introduced to the notice of the Senate by the honorable Senator from Kentucliv, who is not now in his seat. It was referred to the Committee on Public Lands, and received an attentive consideration. I apprehend that the honorable Senator from Arkansas is entirely mistaken as to the scope and object of the bill. This bill is iiitended to meet cases where parties holding land warrants have neglected to locate their claims. The law relating to such cases expii'cd in July last, and persons who have applied since that time for their lands, have not been able to obtain tliem. There is no danger, as the gentleman supposes, in extending this law. We do noi know the iuimbcr of unlocated claims growing out of the revolution and the late war, and it is merely proposed to extend the law relating to them for five years longer. It is never too late to do justice. Mr, SEVIER. — My honorable friend is entii-elv mistaken in re- gard to this bill. There are large tracts of land 'in his own State, and in Maine, which have been set apart to satisfy the claims of the soldiers of the last war. The names of the claimants are put into a box and drawn out consecutively, and the location is deter- mined by such drawing. There are warrants, I admit, for revo- lutionary services, but warrants for services in the late war I have never heard of. A large portion of my State— millions of acres — have been set apart, as I have said, to satisfy these claims, and the claimants have had thirty years in which to bring them forward ; there is no one who has not had bis number assigned to him, and had his patent. I would like to know why, at this late day, after thirty years have elap,sed, we are to be called upon to pass a law to give them five years longer, and for what purpose ? Why, sim- ply to have their locations determined bv drawing, which has alrea- dy been done. This is the whole purpose. iWr. BREESE. — The Senator is in part correct in regard to claims for military services in the last war. Patents were issued. The soldiers had nothing to do with it. The whole matter was trans- acted m Washington city. But these are not such cases ; these are cases of land warrants which have been omitted to be located un- der the act of 1812-"13, I have had numbers of these warrants sent to me from Illinois ; but as this is a bill which has been intro- duced by the Senator from Kentucky, who is not now in his seat, and who takes great interest in it, I" hope it will be passed over for the present. Mr. SEVIER.— Only one word. If there have been land war- rants granted under peculiar circumstances, I know nothing about them. AH I have to say is, that if five years further ar'e to be gi-anted to the claimants, I suppose some good reasons can be CTiven forjt. I would like to hear them. " Ml-. ALLEN —I would inquire of the Senator from Illinois, whether there is a report from the Land Otlice upon this subject. Mr. BREESE.— There is none. Mr. ALLEN.— I would like, before I vote for this bill, to see a report setting forth the facts in the ease. It is somethino- new to my ears — entirely so. The question being taken on the motion lor postponement, it was widows' pensions, thJhMWn"!'* proceeded to consider, as in Committee of the Whole, T.^Ll T^ the pensions of certain widows ; and no amend- mem being made, the bill was reported to the Senate Mr. DAYTON — May I ask the Chairman of the Committee on Pensions to state what this bill is > Mr, JOHNSON, of Louisiana. — It is, sir, for the purpose of con- tinuing the pensions of certain widows who are very old, and in distressed circumstances. I trust there will be no objection to its passage. The measure has been recommended from the War De- partment, and has received tlie unanimous concurrence of the Committee. Mr. DAYTON.— What is the bill ? Mr. WESTCOTT.— It is the very same bill insnb.stance as that from the House which was before tlie Senate a few minutes ago. Mr. JOHNSON. — I was not aware of the fact, that thev were the same until the circumstance was mentioned by the Senator from Florida. It would be more proper, perhaps, to take np that bill. I move, therefore, that this bill be laid upon the table. The motion was agreed to. additional volunteer force. The bill providing for the further prosecution of the existing war between the United States and the Republic of Mexico, was read the second time and considered as in Committee of the Whole. Mr. CASS said it was the disposition of tlie Military Commillee that this bill should he deferred until the ten regiiuent bill should have been disposed of. He thought it better to go on with thedis- cussioir upon that bill, and let tins be taken up after its passage. He, -therelore, moved that it be hiid upon the table ; which motion was agreed to. WILLI.\M E, slaughter. The Senate proceeded to consider, as in Committee of the Whole, the bill for the relief of William B. Slaughter, late Secretary of the Territory of Wisconsin. Mr. DOUGLAS. — I think that when this bill wasnp the other day, there was a slight misapprehension on the part of some Sena- tors, in regard to the true state of the fncts. I will detain the Se- nate for a moment in an exposition of what I understand to be the law and the facts in the case. By the act of 1792, it is provided that the ofllcial duties of the Secretary of any Territory shall be controlled b}^ such laws as are in force in each territory. I under- stand this to be the law now in force, and applicable to the official duties of the Secretary, or which was in force at the time of this transaction. Mr. Slaughter was Secretary of the Territorv of Wisconsfn, and as Secretary was required by law to be the disbur- sing officer, for the payment of moneys, for the necessarj' and inci- dental expenses of the Legislature of the Territory. The Secre- tary of the Treasury furnished him with a draft for $10,000. to pay these expenses. I have reason to suppose, in fact, I think the evi- dence will be satisfactory, to the Senate, to show that the draft was deposited with Samuel B. Knapp, the Cashier of the Minetal Point Bank, under the aulhorily and by the direction of the Letris- lature of the Territory. Search has been made for copies of the documents by which the deposit was authorized and directed, and iliey cannot be found at the present time. But I ain confident that such is the fact, and I think that the statement of the Comptroller of the Treasury is conclusive on the point. After stating the lact to which I have referred, the Comptroller goes on to say, that the claim arises from his having deposited under the direction and by virtue of a resolution of the Legislature of the Territory, the mo- ney, &c. [Mr. Douglas continued to read from the letter of the Comptroller, in corroboration of this point.] It will appear, ihere- fore, by this statement, that Mr. Slaughter, being Secretary of the Territory of Wisconsin, received this draft from the Secretary of the Treasury, for the purpose of being applied to the payment of the expenses of the Territory ; that he was required to be govern- ed by the instructions and laws of the Legislature of the Territory ; that the Legislature of the Territory instructed and direo'ed him to make this deposite with Mr. Samuel B. Knapp, the Cashier ■ that he made the deposite in obedience to the directions of the Le- gislature, which he was bound to obey. And we have also a reso- lution here which was read the other day, passed by the Legisla- ture, specifically approving of the act, and saying that he ouo^ht to be remunerated for the loss. If there can be any doubt upon this point, I can have read several letters showing' the facts as they occurred, I have one from Mr. Dodge, Governor of the Territory, in which he states, that he informed the Secretary of the Treasury of the deposite. The deposite was made in a specie paying bank, a bank which was considered by everyone to be perfectly safe. "Mv. Slaughter made this deposite as he was required to do . The fact of the deposite having been made was reported to the Secretary of the Treasui-y here, who sanction the act by allowing the deposite to remain without being withdrawn, and Mr. Slaughter went out of office, leaviuCT the money where it had been deposited under the instructions ol the legislature, and with the knowledffe, and, there- fore, it is to be presumed, witli the consent of the Secretary of the Treasury. The bank afterwards broke, and the money was lost. I think, under these eucumstances, there cannot be any hesitation in authorizing the accounting officer of the treasury to settle this account upon principles of justice and equity. I do not deem it necessary to occupy any more of the time of the Senate in relation to a matter that is so clear as this. Mr. WESTCOTT.— I did not intend to say another word 70 THE TEN REGIMENT BILL. [WEDNESDAY; against the bill ; but to let it pass, as, on examination of it I find it''doe5 not sanction ttie claim, but only directs its examination by the treasury officers, and payment, if tivy find it to be jiist and equitable. But the remarks of the Senatoi' who has just taken his seat, makes it necessary to say a few words. The act of 1792 has no more to do with this call than a statu'e of Missouri. It is an old, obsolete act respectini; the territories then (in 1792) existing north and northwest of the Ohio, and has expired twenty-tive years a Why, it was tho law that was in force in the territory at the time the de- posite was made. Such, sir, I have always understood to be the practice, not only in Wisconsin, but iitlowa, in the neighborhood of which I have lived for many years. I think, that the facts which I have already stated to the Senate, abundantly show that this officer acted in good faith as a prudent man should act. I think they show that lie acted with great prudence and great caution — that there was no fault, no neglect on his part, and that it was in consequence of neglect elsewhere, that the money was lost. I think, therefore, as a matter of justice, if we were voting now, we ought to vote him the money. But the committee does not propose to approj>riate the money, they only propose to say, to the accounting officers of the treasury — those officers who have been accustomed to settle the accounts of the treasury, from the commencement of the government — you are authorized to make this settlement upon principles of equity and justice. Sir, is it to be supposed that the officers of the Treasury Department would concurrently have tendered their request to Consrress to do justice to this man, unless injustice had been done him ? I think, sir, we ought III give them an opportunity to do him justice. Mr. CASS.— I move that that bill be laid upon the table for the present. Mr. DOUGLAS.— I presume there will be no more discussion upon it. Mr. CASS.— Then I will withdraw the motion. Mr. BADGF.R and Mr. CAMERON rising simultaneously, Mr. BADGER said : I think it due to tlils cisf to lunkc a single observation — Mr CASS —Will the Senator excuse me ? Mr. BADGER— Certainly. Mr CASS.— The Senator from Pennsylvaiha intends to discuss the bill. I, therefore, move that it belaid upon the table. The motion was agreed to. TEN REGIMENT BILL. The Senate resumed, as in Committee of the Whole, tho consid- eration of the hill to raise, for a limited time, an additional milita- ry force. Mr. CRITTENDEN moved to amend the bill by striking out all after the enacting clause, and inserting the following : "That the Presifleiit Ik*, and he is hereby, authorized, sliouhl the exigencies of tlie war require a turther iiirrH;i.se of force, to call for. and accept the services of additional \oliiiilcer>. not exceedin;,' tliirly thousand, who may offer their ser\'ices either as cav alrv, infantry, or riflemen, to serve liiree years alter they shall have arrived at the jilace of rendezvous, unless sooner discharged ; to be raised and or^anizeil jo the same manner as are provided for lolunteers under existing laws, auS to ha\e the same pav, lalions and allowances, including land or scrip, according to grades : and to he sub- jecl 10 the same regulations and to the rules and articles of war." yKc. 2. .i?nl br il fnrlhrr enacted. That where comjianies of volunteers, which are now. or may hereatter be in service, shall become reduced in rank and tile, the President he, and he is hereby authorized to discharge a part of the commissioned offi cers. leaving not more than three for si.xty rank and file in the company, and not more than two for forty rank and file; and where the company shall lie reduced below twenty rank and tile, he may discharge the whole company, officers and men, and receive a new company of not less than eighty rank and file, in lieu of said discharged ^company i Provided, nothing herein contained shall require Jie President to reduce the otKcers, or to discharge a company, if, in his opinion, the reduced companies can be again filled up by recruits. Seo. 3. .Ind be it furtlter enacted. That where regiments of volunteers, which are now, or may hcreaOer be in service, shall become reduced, the President be. and he is hereby authorized to receive additional companies of volunteers for such regiments Prnridfd. the additional companies, so received for any regiment, shall not iucrea.ie its 11 umencal strength beyond one thousand rank and tile. Pec. 4. .dnd be it further enacted. That the provision in the 2d section of the act entitled "An act to encourage enlistments in the regular army," approved January twelfth, eighteen hundred and forty-seven, be, and the same is tiereby extended to in- clude the recruits who may hereafter enlist for the tiist and second regimenis of dragoons, and the regiment of mounted riflemen, and the non-commissioned ofticer^, musicians, and privates o'" volunteers, who may engage to serve during tiie war wilh Mexico, or for the term of three year*, as provided bv this act. Sec. .'). .ind be it further enacted. That the volunteers raised under this act, and whose term of service may not sooner expire, shall be discharged within six mouths after the ralilicatioo of a treaty of peace with Mexico. Mr. CRITTENDEN said : I do not propose, on this occasion, to say more than will be barely necessary to explain the amend- ment which I have had the honor of offering to the bill now before you. The bill which ia now under consideration for raising ten ad- ditional regiments, and the bill lying upon the table to succeed it, authorizing the President to accept the services of 20,000 volmi- teers, have severally been reported from the Committee on Military Affairs in accordance with the recommendation of the Secretary of War, and are supposed to be necessary to meet the require- ments and exigencies of the present war with Mexico. The bill now before you, sir, pro])ose to raise 10,000 men, or ten addition- al regiments; and what I proposes is, to give to the government the necessary numerical force, only changing the form of its or- ganization from a regular to a volunteer force. And, I desire to [issign, very briefly, the reasons which have induced me to adopt this course. The bill before you raising the ten regiments, places upon Con- gress the responsibility of declaring, that under the present existing circumstances, it is proper and iiecessasy that this force should be raised. Is there any such present necessity perceived by the Senate of the United States ? 1 think not, sir. We have from the Secretary of War a discussion of various plans upon which it has been suggested that this war ought to be prosecuted. The Sec- retary, in discussing them, recommends the plan which he prefers, viz., to hold all those portions of Mexico which are now in om' pos- session; and in addition to the force which would be necessary to accomplish such a purpose, to have an active force raised, not with a view of marching over and conquerijig the whole country, but with a view of being prepared to make occasional conquests, should circumstances require if. This is his plan. Now is an ad- ilitional force necessary, I would ask, to accomplish the designs of the Secretary, taken even in their utmost latitude < This, sir, would be a question of a very indefinite character indeed, if by our experience it had not, in some degree, become a practical one. And what is our experience > What has been our experience in this war ? and what have been the results of the war ? General Scott landed at Vera Cruz with a force of about twelve or thirteen thousand men, a considerable number of whom wera volunteers. With this force he succeeded in taking the strong cas- tle of San Juan de Ulloa and the city of Vera Cruz. Pressing forward with his victorious army, from Vera Cruz he entered the Capital, breaking in pieces and scattering to the \i-inds with a force ol less than 10.000 men, the armies of Mexico in his triumphant career. General Taylor, with a still smaller comparative force, at the battle of Buena Vista completely broke the power of Mex- ico, and so in every action would, no matter, sir, how dispropor- tionate in number, the American troops have been victorious. — And, sir, with what a small amount of force these achievements have been accomplished ! General Scott, as I have already stated, fought all those distin- guished battles before the city of Mexico, and took the capital of the country with less than 10,000 men ; and General Taylor with not more tlian 6 or 7,000 men, the most of whom were volunteers, gained several distinguished victories. Indeed, General Taylor, with less than 4,000 men, heat Santa Anna with an army 20,000 stroni!, and that , too. not by a sudden surprise, not by a sudden burst of valor, not in a moment of enthusiasm on one side and panic on the other, but in a hard fought battle, continued from the rising to the setting of the sun, occupying, in fact, the whole of nearly two days. Thus, we see that not only are the sword and shield of Mexico broken and cast into the dust, but her government is dis- persed and almost annihilated by our conquering army. She has no army, and scarcely can she be said to have a government ; it consists of nothing more than disorganized factions. And if Mex- ico now lies prostrate before you, without an army or government — with here and there only a body of guerrillas, instead of an ar- my to oppose you, what in the name ot Heaven, if this^is all that is left to her, do you want with 10,000 more troops ' Sir, «ince January 5. J THE TEN REGIMENT BILL, 71 these coniiuests have been achieved, what has been done ? Our army now reposing on the Rio Grande consists of three or four thousand regulars. Nay, I will give the exact number, it consists of 3,937 regulars. At the battle of Buena Vista you had but 200 or 300 regulars, all the rest were volunteers. In place of that army less than .iOOO strong, which constituted the force in that portion of the country upon that field of battle, you havs now. sir, a force amounting in the_whole to upwards of 10,000 men. Do vou want any more there ? I have already stated the force with which General Scott ob- tained pos.session of the Capital. How is it with him now, sir ? He h< I confess, for one, that I have been greatly startled, while reading the reports from which I have gathered these state- ments, at the vast army which vi'e are now maintaining. And, another more startling consideration which ought not to be forgot- ten or omitted, is the enormous cost of every regiment. I am told by those who have entered into calculations on the subject, that the average cost of officers and men is nearly 1,000 dollars per man. This subject becomes, then, a matter of some conse- quence to us. Suppose our object be to conquer Mexico, and to incur no unnecessary expense, these ten regiments will add to our expenses nearly 10,000,000 dollars; no small item in the aggre- gate expenditures of such a contest. I think, therefore, for "these reasons, that it is highly necessary for us to determine whether all these troops are to be raised, and all this cost incmred. I aiii perfectly willing to meet every possible contingency of ca- sualty or disease, but I confess I cannot foresee, at present, any contingency which will justifv this increase. I am willing to au- thorize the President to call out whatever force he may require, under such contingency as may hereafter occur ; but I would not authorize that force to be raised now. I am willing to lodge in the hands of the Executive the power, if an emergency demand it to call out 30,000 additional men for the war ; and 1 would have such force, consist of volunteers. Now, are not volunteers as good, have they not proved them- selves as efficient as regulars ? Is not Buena Vista a brin^hl and burning evidence of their efficiency in the held ? They may be called out for the same period of service, and are entitled to a dis- charge under the same circumstances, and the difference in cost l» great. I would substitute them, therefore, for these ten regiments of regulars ; and, I would accordingly give power to the Presi- dent to call out tho 30,000 additional troops, in case circumstances require the adoption of such a course. In my view, there is no ne- cessity for anything else than this to be done. Gentlemen have appealed to the authority of information obtain- ed from officers of the army. Why are they here, sir ? Why are they here reposing in Washington and all parts of the country, if it is not that they are satified that the war has closed, that no more battles are to be fought, no more laurels to be won ? They have given us ample evidence by the bravery which they have tereto- lore displayed, that they would not leave the field of their victories if they were not fully convinced that nothing more remained to be done. There is not one who does not believe that that the war is at an end. There may be a few skirmishes here and there with parties of guerillas, but so far as armies are concerned that will stand before American forces, they are never to be seen again in Mexico. This is the opinion of every officer I h.ave spoken with, and it is also my opinion. From all the facts to be gathered from official reports, wc can come but to one inevitable conclusion, viz : that their armies arc broken to pieces ; that the country is given over to the control of factions ; and that they can no longer make head against us. You have now an array there of 43,000 men. They are capable of going where they please, and staying where they please, in all the wide domains of Mexico. I therefore, can see no neeessity for a further increase of force at present, even if it were the conquest of the whold country that was contemplated ; but when it is to limited assaults only to which it is proposed to con- fine this war, there appears still less necessity for such increased provision. It is with these views, and with no feeling of captious- ncss, from no spirit of opposition, and no disposition to scan the merits or conduct of this war, but simply laking it as it is, that I have been induced to offer the amendment which I have presented ; whilst I question the propriety of any additional force being now added to our already large and increasing army in Blexico. Mr. CASS then rose and remarked, that he wished to correet one or two errors into which the Senator from Kentucky had fallen ; and having shown from the returns of the Adjutant General that the number of men under General Wool was only 6,700, and not 10,000, as had been stated by the Senator, he was interrupted by Mr. CRITTENDEN, who observed that he had fallen into an inaccuracy in summing up the forces under General Wool, on ac- count of which he readily admitted a reduction of upwards of three thousand men, was to be made from the aggregate number, which he had stated. Mr. CASS proceeded. The Senator had taken one position and eloquently supported It, on which he begged to differ with 1iim. The Senator seemed to think thai an additional force was entirely unnecessary, after ihe country had been conquered. But all expe- rience showed they might gain a battle and get possession of a country without being able to retain it. Portugal and Spain were full of lessons upon this subject. To march to the capital of a coun- try was one thing, and then lo diffuse the forces over it, in various positions, in order to hold the people in subjection, was another and quite a different thing. Our armies in Mexico had gained a series of victories as brilliant in themselves as honorable to the national character. But ibey were now to break up as a mass, to spread themselves into various detachments, else it would be impossible to hold the Mexican people in obedience. They would now be exposed to popular tumults, and liable to be cut down by detachments, and still the more, the further they would be compelled to march. Besides, it was important that the Mexican people should be convinced by the exhibition of our over- whelming force, that resistance was out of the question. What wc wanted was to produce a moral effect upon the people ol Mex- ico — to satisfy them of our strength, and their weakness, and to avoid fighting battles by showing them, that if lought, they would certainly be gained bv us. It was also important to note that the regiments now in the field, did not averace more than eight hundred and fifty men to each, which was nearly three hundred short of the legal establishment. This bill would not give more than 7,500 men to the army. The calculation of the honorable Senator was based on the legal estab- lishment. Now. no legal establishment can be kept full. The re- ports of the Adjutant General show, that there must be a deduc- tion of more than one quarter, leaving the force on foot, less than three fourths of the legal establishment. This is the result of ex- perience. It is not probable, therefore, that the number of the re- gular army in Mexico, can be much, if at all. increased but by raising new corps, and establishing new jccruuing rendezvous. 72 THE TEN REGIMENT BILL. [Wednesday, The honorable Senator in all his calculations looks to the nnm- hers on the Statue book — not to the numbers on the returns. The continually recurring casualties of battle, of climate ami of all the other circumstances which make war hazardous, are a perpetual drain, which keeps down the force far below the strenath author- rized by law. With respect to the cost, the Senator or himself must be under a misapprehension. The cost of a reffiment of Infantry was abmit $279,000 per annum. It was true thai all the expenses mi.'inient of Dragoons, oi which they had three, co.st something like $700,000. If he under- stood the Senator from Kentucky aright, he proposed to raise 30, 000 men at the discretion of the President, to he called out by him when he pleased. So far as regarded himself, he [Mr. Cass] %vas perfectly willins that it should be left to the discretion of the Pres- ident ; but the demand of the Senator that all the force should he composed of volunteers, brought up the old i|uestioii. He [Mr. Cass] had no disposition to do injustice to the volunteers. Far from it. Neman had a higher opinion than he of the gallantry and eflieiencv of volunteers. But the addition to the regular force which the bill proposed was entirely justified alike by experience, and the exigencies of the present time. Mr. CRITTENDKN said that the Senator from Michigan had introduced rather a new principle, which made war more alarming than ever. It was this : that it would recjuire a much greater mil- itary force to be kept in a subjected coimlry. than had been requir- ed to conquer it. The Senator said that there might be a sudden rising of the people, and they must be prepared at all times and everywhere, to suppress such hostilities. How many men would be required for that purpose ? The gentleman had given them no information as to that. He had prescribed no rule, and there was no experience, military or civil, on such a subject. Now he [Mr. Ckittendkn] thought that it was pretty reasonable to suppose that those who had gone into a country, prepared for their recep- tion, and had taken all its fortre.sses. and dispersed its armies, were able to hold that dismantled country, and defy that conquer- ed people. Had the Senator attempted to show that what was done by 12,000 men could not be repeated by .30,000 ? It was admit- ted that Scott had about .30,000 men — double the force which he had when he conquered and took the city of Mexico. Was there any pressing emergency now ? What did the gentleman want? He was one of great intelligence and great weight in that body — acquainted, as might he .supposed, with the peculiar views of "the Secretary of War ; and what icason, it might then with propriety be asked, did he assign for this immediate increase of the foixes in Mexico ? What did he propose to do with them '. Was there anything to be done for which the present force was not perfectly competent ? Did they want to take Queretaro, the present seat of government ? Did they want to go to San Luis Potosi? — to Zacatecas? Well, was there anywhere to which the forces now in Mexico could not go? He contended that they had proof in what had been already accomplished, that the forces now in Mexi- co were adeqnate to any emergency . But the Senator from Michigan seemed to think that they ought not to be content till ihey had'foree enough to act by intimidation and terror. Weil, how many men did that require ? He believed that neither the great Frederick nor any other warrior of an- cient times, had drawn any rule as to tbo amount of fore^ by which a people could be territieil into sul.niissi..n. Tliey had beaten the -Mexicans, when they were not terrified— they had conquered them ill field after field — they had broken them into pieces like a pot- sherd— they had douiiled their forces since that dav, and vet they were told that they were not in safety unless they had more troops —more forces' It was not a military cfTeet that the sentleman wished to accomplish, for he could not piint out any military ope- ration which could not he ellected "by the army now in Mexico. But the Senator wanted an army large enough to produce a great moral efl'eet. A religions clTcct could hardly bo expected, it^was to be supposed, in a Catholic country like Mexico, by such means. It was a moral ellect then that was intended, and to produce it, they were called upon to make this addition lolhe army. He (Mr Crittf.ndkn,) lould not consenlto raise armies for such a pur- pose. He was willing to raise armies to iighl battles, but not to produce a " moral eflect." For all military purposes, they had ample forces now in Mexico. Yet, in order to meet any pos.siblc contingency, although he did not apprehend any dan' said that there were two or three points of ditli- culty still unexplained in answering the objection to the bill. If he understood aright the Senator from Kentucky, during the jieriod of the last fifteen months not more than about eleven tli.iusand re- cruito had been enlisted. Mr. CASS here interpo.sed and said that the Senator from Ken- tucky was in error. More than twenty thousand had bci'u enlisted iu the course of little more than a year. Mr. CRITTENDEN referred to the report of the Adjutant General, to show that the number was but little over eleven thou- sand. Mr. CASS explai.ied that that was exclusive of the new retri- ments which hacl been raised- Mr. CALHOUN continued :— He would, then, assume the num- ber slated by the Chairman of the Military Committee. If only twenty thousand men were raised during the last year, it was very evident that in the present state of the market — for the re- cruiting had taken uj) a great deal of the loose ])ortioiis of society disposed to enlist — it would be very difficult, indeed, to raise, dur- ing the present year, the men necessary to fill these additional ten regiments. Well, they had been lold' that this additional force was required immediately, when, in all probablility, with the strongest recruiting iorce, it could not be obtained in less than six or eight months after the passage of the bill, allowing the greatest success. Yet they had been emphatically told that this force was so immediately necessary, that not a day could be allowed hero for debate. He did not doubt that regulars were the best descrip- tion ol force. He wished to know il the eight thousand included the entire deficit. Mr. CASS replied that the general deficiency amounted tociffht thousand men. Mr. CALHOUN, — That, added to the ten regiments would make 18,01)0 or :20,000 to be raised. Then the defect must be iu the recruiting .service. Eight thousand was very near the nuiubcr which it was proposed to raise by tlii.s bill, and yet a deficit lo that extent existed in the present force. The remedy seemed to lie 111 the creatiiin of a suMicient number of recruiting officers — not of generals, nor colonels, not of officers of the higher grades, but of otiicers suited for that service. This business of war was a serious one. War created the means of its own continuance. It called into being mighty inllu- enees which were interested in carrying il on; and Tew nations ever terminated war so long as they po.ssessed the means o( carrying it on A single regiment could ii.it be raised without the creation of new interests in favor of the war. If these views were correct, the cheaiier plan would be to strengthen the recruiting service, rather than create additional regiments, ofticers and all." The vol- unteers, II their services were needi'd, could be called out at once. The s^iuit and gallantry which chai-ucterized the peujile. was not yet exhttusied, notwithstanding the disasters of the war as far as deaths were concerned, and all the regiuients bad been thinned to an extraordinary extent. He presumed that the mortality had not been less than twenty per cent. Yet recruits, he had no doubt conld be still had plentifully. If. then, the Chairman of the Com inittee on Military Affairs wanted an immediate augmentation o' the military force, he should ask for volunteers. He (Mr. C) was glad to perceive that the Senator from Mis- sissijipi (Mr. D.^vis,) was not averse lo a defensive liiieat the pro- per time. In his (Mr. C.'s) opinion, the present was the proper time. In view of that policy he would prefer regulars to volun- teers. He objected, though, to regulars, becau.se that force gave greatly increased patronage, and greatly added influence to the support of the war. He knew not how other gentlemen felt ; but as for himself, he was convinced that the patronage of this government had gone beyond all bounds, and already exercised a most danger- ous control over the deliberations of Congress. He felt the awk- wardness of his po.sition. He was utterly averse to pursuing this war for any view yet presented, even takiu" the strong view pre- sented by the Senator from Mississippi. He put it to that gentle- man — was there any certainty of peace ? and if not, where would the country stand ? That was the question. It would be in a position worse than ever ! Every step they took only plunged them deeper and deejier into difliculty. If his memory served hun, the Secretary of the War Department stated 70,000 men as ade- quate lo conquer and hold iu subjection all Mexico. Was that not the view of the Seeret.lry ^ He could not at the moment lay his hand on the Report of the War Department, but if he had not cor- rectly stated the views of the Secretary, any Senator could set the matter right. The Secretary then disavowed the plan of entire .subjugation. The Executive disavowed it; and yet a force, accord- ing to the Senator from Kentucky, of ninety or one hundred thou- sand men was demanded. He could not believe that it was the in- tention of the Executive, because it had been again and again dis- avowed. But when he saw such a force asked for in the report of the Secretary; when he saw in the President's message the decla- ration which he had quoted yesterday, to the effect that he himself believed that, unless in a certain contingency, they must take pos- session of the country, and take the measure of indemnity into our own hands; he could not but think that there was a strong impression on all sides tliat the end would be to conquer and hola Mexico. If they could have the question first submitted to the deliberative consideration of that body, and it were decided what was lobe the proper course of conducting this war; if it were known whether they were to go on, or take a defensive line, they would- then act understandingly. But voting and voting, without knowing what was ultimately to be. done, threw him, and, he believed, every member of the Senate, into a state of great diflSculty to detemine how to vote. The question was then taken upon agreeing to the amendment proposed by Mr. Cbittendfn, and it was determined in the nega- tive, as follows: YEAS,— Messrs, Ba.lgei, lialihvin. Bdl. Betripn. Clarke. t'l.\vton, I'orwin. Cnl- leiuien. Dayton, Cietiip. Hale, Manfiuni, Miller, I'earee, Phelp*, Sproance, I'ndei- wood, IFpliain, anil Webster — ]tl. N.WS. — Messrs, Allen, Ashley, Ateliison. Atlierion. Bradbury. Breese, Buller t'anieron. Cass, Oavis. of Mississip|)i, Uu-kluson. lli.\, iJouplas, Uowns, Felcli. Foote, IIaniiej;an, Hunter. Johnson, of Maryianil, Johnson of Louisiana. Mason, Rusk. Se\ier. t'lurgeon. Turney, V\'estcott— 'jti. Mr. JOHNSON, of Md., moved to amend the bill by inserting in the fifth line of the first section, after the word " President," the words, " if, in his opinion, the exigencies of the war require such a further increase of force.'* The amendment was agreed to. No further amendment being made, the bill was reported to the Senate. The anieniimenl having been concurred in, the question was up- on ordering the bill, as amended, to be engrossed and read a third time. It was suggested that the bill might be ordered to be engrossed, and the question on its passage deferred until tomorrow. The bill was ordered to he engrossed and read a third time. On motion, The Senate adjourned. January 6.] PETITIONS— RESOLUTIONS. 75 THURSDAY, JANUARY 6, 1848 Mr. TURKEY presented the ricdonti.ils of the Hon. Dixon H. Lewis, elected a Senator of the United Slates, from the Stale of Alabama, for the terra of six years from the llh day of March 1847. Mr. Lewis having taken the oath of olfiee, \vhi RIVER. Agiecably to notice. Mr JOHi\SON, of La., asked and ob- tainecl leave to bring in a bill lo provide for a survey ol the mouth of Red River, in ihe Slate of Louisiana; which was read the first and second times, by unanimous Vonseni, and referred to the Com- mittee on Comineice. rniNTiNfi. .Mr. BRADKURV, ftoni the f'omniitlce on Printing, who were inslructed by a re.solulimi of the Seuale •'In iii(]iiire and re- port why none of the copies of llic Presidcni 's iiiessa<;c, vvilh documents, or of the reports of the Seeielarics uiid the Poslni.isl er General, with documents, have been furnished Inr the use ol ilio Senate, and when the said copies may be liunished by the said printers." submitted a report aceonipanicd by a comiiiunicalion from the Printers nf Congress on tho subject. ^ WASHINGTON MONUMENT. Mr. MILLKK, from the Committee on the District of Colum- bia, to whom was referred a resolution authorizing the erection on the public grounds in the city of Washington, of a monument to Georn-o Washington, reported it without amcndmeiil, ASSISTANT PURSERS. The Senate proceeded to consider, as iu Committee of the Whole, the bill providing for the appointment of Assistant Puisers in tho Navy. Mr. BADGER moved to amend tho bill by striking out the words "by warrant," and inserting "by and with the advice and consent of the Seiiale." The station was an important one, and he thoHoht it better that they should be comniissioiied officers, as it woula secure the services of a better class of persons than if they were warrant officers. Mr. YULEE observed that he desired to olTer an amendmetit to the bill, and to enable him lo obtain some information before doing 60, he moved to lay the bill upon the table. The motion was agreed to. ADJOURNMENT OVER. On motion, it was Ordered, That when the Senate adjourn, it be t.i MDiidiiv ne.xt BOUNTY LAND CLAIMS. The Senate resumed, as in Committee of the Whole, the con- sideration of the bill to allow further time for satisfying claims for bounty lands for military services in the late war uilli Gir.ii Bri- tain, and for other purposes. Mr UNDERWOOD. — 1 was not in my scat when the motion was made the other day for the postponement of this bill; but 1 have been informed of the objections that were miide to the bill, and I rise for I he purpose of obviating them. I understand that my friend over the way doubted whether warrants for bounty lands to soldiers in the hue war with Great Britain, art^ in existence. My information on this biibjec:t is based not only upon the statutes, but upon the statements of the Commissioner of Pensions, and the Commissioner nf the Land Office. The bill upon your table is but a (ranscript of former laws unon the subject. The provisions of ihc general law were renewed in f^'12, and coiititiiicd for live years, and that act conseipienlly expireil in the past year. [Ho read from the act and also from communications received from the Commissioner of Pensions, and the Commissioner of the Land Of. fice.] Now, he conlintied, all that the bill on your table proposes to do, is to prevent the statue of limitations from tipplving against the soldiers of the late war, and to grant them an additional five years for producing satisfactory proof of their claims and receiving lumls. Mr. S{^VI£R repeateti his objections to the passage of the bill. Pass such a law as this, he said, and no man knows how many old claims will be brought forward, which have been heretofore re- jected by Congress. I believe we have already paid more land claims for military services than we even had troops in the field. I hope, at least, that some data will be procured from the Land Office, to show how many claims are yet outstanding. ThisVnll, 1 suppose, is to pay all the old Virginia claims. Mr. UNDERWOOD.— I will say to my friend over the way, that I have no objection whatever to procure all the information vi'hieh he seems desirous of examining before voting upon the bill, but 1 lake occasion now to correct a mistake into which he has, no doubt unintentionally, fallen. He said that the provisions of this bill, he supposed, would satisfy all the Virginia claims. That is a mistake. Virginia had two regiments in the revolution — a State regiment, and a Continental regiment. As far as the Con- tinental regiment was concerned, they were to receive lands at tho hands of this government, but so far as the State line of Virginia troops arc concerned, there is no provision made for them here. Mr. RUSK. — I have the information which is desired by the Se- nator from Arkansas in a letter from the Commissioner on Pen- sions. The letter was read. On motion of Mr. CASS, the bill was laid upon the table for llie purpose of proceeding with the special order of the day. ENLISTMIiNT OF VOLUNTEERS. Mr. BADGER, from the Commitlee on Military AfTairs, report- ed a bill to promote the tilling up of vacancies in the volunteer corps now in the service of the United States; which was read tho hrst and second limes by unanimous consent, and considered as 111 Committee of the Whole. Mr. DAVIS, of Mississippi, moved to amend the biU so as to ex- tend its provision lo the first and second regiment of dragoons, and the regiment of mounted rifienien, in addition to the volunteer regiments; which was agreed to. The bill was then reported to the Senate, and the amendment concurred in. Ordered, That the bill be engrossed and read a third time. The said bill was read a third time by unanimous consent. Itaiolvcd. That this bill pass, and that the title llieieof be as aforesaid. Ordered. That the Secretary request the concurrence of the House of Representatives in this bill. • TEN REGIMENT BILL. The bill to rai.-.e, for a limited time, .tu additional military force, was read a thiril lime. The question being on the [lassi^ge of the hill, Mr HALE said: Feeling compelled from my convictions of duty to take a course iu reference lo this bill, in which I am aware very lew Senators will entirely coincide, I have thought, bumble as is the sphere in which I move, that it was due to those who placed me in the position I occupy, to let my vote upon tho bill go out .ac- companied with the reasons which have iniluced me to take the course which I am about to take. I would have been glad if older and abler Senators had favored the Senate with their views in op- position to this bill. I would have been glad if the action of the Senate upon the bill had been delayed untjl the documents coming from the several departments, and' which we are well nigh getting', had been placed bclore us, so that we might have had all tho light that could be thrown upon that, which in my mind, is a dark sub- lect at the lightest, but seeing that the bill 'is likely lo go through Ihe forms of legislation, and become a law without having those lights before us, 1 have thought it necessary to trespass briefly upon the time of the Senate, in order to express the views which I entertain. It may be said that I do not stand much in need of light, because I have already declared thai I stand here preparecl lo vote against the war in all its forms; against any mea.siires for the supply of lioops, either regulars or volunteers, {.md if there are any other kinds, I go against them,) because 1 sl:iiid prepared to vole against llie approprialion of a single dollar bevond the sim- ple amount — as I have before suggesteil— which will' be sufficient to bring home your troops by the shortest and cheapest route. Entertaining these views, before enleiing upon the di.-.cussion of the 111!. 1 wnut to say a word in regard lo a sentiment which 1 have heanl avowed hero, and elsewhere, and it is— that when tho country is engaged in war we lose all discretion, we have nothing to do but grant the supplies that are demanded of us— an appeal being made to o, r ^latriotism — patriotism can onlv lind riijhlful action iu a supiiort ol the war — that there is no patriolisin any- where else, and that the administration, which has been so fortii. nalc as to p.iuigc the countiy into a war. has onlv lo appeal lo the country, and expect to receive no other response except hcnrly and unanimous suiiporl. And this doctrine has been carried so far, and in such high places, that the President of the United January 6.] THE TEN REGIMENT BILL. 77 States has denounced as treason, the opposition of Consiess. al- thouah his mode of prosecuting the war did not accord with their convictions. I recollect but one incident in my reading of history which is analo!;ous. It is slated by an Enp;lish historian, that when Queen Elizabeth had summoned lior Parliament, and they were about to organize tor business, she sent her messenger to them with this royal mandate; she told them to be very careful that they did not meddle \\ itli affairs of State, ■■because,"' said she, "such thini^s are altogether beyond the compass of your nar- row understanding.'' Well, our royal President did not follOTv ex- actly in the footsteps of Elizabeth. He did not question the un- derstanding of Congress, but their patriotism. Now, let us see where this doctrine wiU, carry us. Let us see to wliat it will lead. Suppose you should have an exceedingly bad and corrupt adminis- tration — mind, 1 do not say that this is such an administration, or that wc arc ever likely to have such an one. But suppose that such a thing were possible, and that the measures of the President had become exceedingly odious, oppressive, burdensome, and in- tolerable, and that notes of disapprobation were beginning to be heard from the people assembled in their primary meetings; that the tones of indignation at last penetrate the walls of the palace, and the President, finding that he could not stand against the united will of an injured people, what has he to do? Ought he to desist in his course of wrong-doing, or to retrace his steps? No, sir, this is not the path to popularity; according to his new school of ethics and morals, he has only to go on and plunge the country into war, and, if he can manage so skilfully, as to involve the country into two wars at once, so much the better — so much the more glory for him; a popularity greater than that of a Washington, or a Jack- fon. This is the inference, the plain and unmistakable inference. War, instead of being, as it is said to be by all writers on ethics or politics, the direst calamity which Heaven in its wrath can send upon a nation, is converted by this alchemy into a healing Belh- seda, in which political profligacy and corruption of the darkest hue may wash itself and be clean. Sir, I utterly deny the sound- ness of this doctrine, that Congress ought to have no voice beyond printing the supplies. If there ever is a time when opposition should be vigilant, scrupulous, watchful, noticing everylhing that is wrong, it is at a time when, through the acts of the administra- tion, the ccHintry is burdened with an unnecessary war. When the fruits of industfy are consumed for the support of such war, and when we arc surrounded by all the horrors which war brings in its train. If there ever is a time that should put men upon their indi- vidual judgment, reflection, and responsiblity, it is such a time; and such is our position now, and we are there by the unadvised, un- constitutional, and illegal acts of the President. I propose, I say, to do what I may, feeble as it maybe, to place the country right. I have never learned in that school of moral or political science that by pecsevering in an unconstitutional and wrong course, wo shall ever come out right. And, sir, there is another view that is sometimes taken, which certainly does not accord with my own convictions, and upon which I wish to say a word or two at this time, (and I do it with defe- rence to the opinions of abler men about me,) and which relates to the course those should take who believe the war to be wrong, ra- dically wrong. Why, I think I have heard an idea something like this : — The country is engaged in a war which is unjustitiablc — ^we confess it is wrong to go on, we see clearly it is wrong — neverthe- less we are now at war; and the President calls on us for supplies of men and money, and Senators say they will vote men and mo- ney ; but by some sort of a process which escapes my comprehen- sion, they imagine they are going to throw the responsibility on the President. I confess I do not understand how they are to escape from their due share of responsibility, they must share the respon- sibility with the President, let the character of the act he what it may. If the war be wrong, put an end to it .at once. I have no doubt the President will be exceedingly gratified with opposition of this kind. You will hear nothing about a factious opposition in the organ of the administration. The President woiiUl care little for the opposition of the whole world if it were an opposition of this kind. It is very like Sam Weller, who happened to find him- self in prison, and a persor whom he met was bewailing the mis- fortune of having a thousand pounds left to him by will, which cir- cumstance had been the occasion of his iinprisonmenl. "I wish,'' exclaimed Sam, "all my enemies would t v to ruin me in that way." Just so with the President. Vou tell him he is wrons;, while at the same time you vote him all the men and money that he asks vou for. Believing that the cause of this war is radii'allv wrong. I hold it to be the first, the plainest, and the simplest dulv of those who think as I do, to withhold supplies and compel the President to do what we believe to be right. Believing there is a strict and perti- nent analogy between the course to be pursued by Congress, and that which is taken by the BriiLsh Parliament, I consider that the course of those who think the war wrong, is plain and clear, ami admits of no mistake. Upon a question of voting supplies, I think the very first thing to be inquired into by Congress, is, whether the object for which the supplies are demanded is a correct and le- gitimate object '. If it be cfetermined that the object is a proper one, let the supplies be granted ; if otherwise, withhold them. — This is my understanding of the nature of our Constitution. I have heard our government spoken of as a government of checks and balances, but when you speak of the President having the pow- er to make war unconstitutionally and illegally, I cannot under- stand the cause or propriety of that course ot conduct which would sustain him in his unconstitutional act. Believin^i, then, that the question of this war is a question which oii^ht to be discussed; that it lies at the very bottom of the ques- tion of supplies, I will proceed to give my views to the Senate and the country, of this war. And. as I suggested the other day, in the few remarks which I had the honor to submit, I believe that the cause of the war lies a little deeper than any that has been as- signed by these who have expressed their opinions upon the sub- ject. I believe that the question, whether it arose from the march of General Taylor to the Rio Grande, or whether any of those in- cidental and temporary movements were the immediate cause of the war, is entirely irrelevant. The cause, sir, lies deeper than any of these ; and when I speak of the causes of the war, permit me to say, that I do it with no desire to introduce exciting or an- gry discussion, or to arou?e unpleasant feeling ; but having a duty to perform here. I must do it fearlessly — I must do my duty as an American Senator, feeble as it may be. And when we speak of the causes of this war, I must avow my conviction, beyond a ca- vil or a doubt, to be, th.at it lies in the avowed policy of the Ame- rican Government — a policy which was avowed four years ago — to make the extension of human slavery one of its primary motives of action. And when I say this, let me be understood. I refer to the principle avowed in the diplomatic correspondence which pre- ceded the annexation of Texas to the United Slates. And permit me to say, that in apin^oaching this question, I do it with a desire and a disposition to do full justice to the olficers of this govern- ment who were engaged in that correspondence. I will do them the justice to say, that what they did, they did manfully and above board. There was no concealment. They came out boidlv. Their- course was very difleient from that of a set of men we have among us, called Northern men with Southern principles — men who pro- fess to be airainst slavery, but who are nevertheless enlis ed in the slavcholding interest, ready to do slavery's bidding. That wa.snot the case with the men to whom I have referred. They came out boldly and avowed the object at which they aimed, and the means Ijy which they proposed to attain it. Let this ever be said to their credit. In that correspondence the objects of this government are as evi- dent as much beyond cr)ntroversy as anything can possibly be. No, Sir! If the fingers of a hand were sent Irora the throne of Eternal light, to write this upon the wall over your head, it would not flash conviction more readily to the mind than is done by a pe- rusal of that correspondence. I will not go through the whole of it, but will content myself with sending to the Clerk and asking him to read an extract from this letter: DtPAllTiMENT o>- State, Washington, .liinust, 8, 1841). Sir: — A privnlc Jtllcr from a citizen in Maryland, then in London, contains tlie following passage: "I leani, fiom a sonrce enlillpd to tlip fulled- colifideiic". that tiiete is now here a Mr. Andrews, deputed by the abolitionists of Texas to negotiate with the Bnti^h Go- uerninciil; that he has seen Lord Aberdeen, and submitted hispriz/crf for the abolition of Slavery in Texas; which is that ttieie shall be organized a company in England who shall juivance a sum suHiclent to pay for the slaves now in Texas, and receive in pa\ meni Texa.s lands; that ttie sum thus advanced shall be paid over as an Indemnity i^or foi the abolition of slavery; and I am aulhoii-ed ttv the Texan mini-ler to say to you, thai Lord Abi-rdeen has agreed that the British tlovcriiment will guarantee the payment of the interest on tins loan, upini condition tliat the Texan fi«\einment will abolish slavery.'' This proposition, it will be seen, was exceedingly simple and easv to be understood. It annouiitied, not that there was a scheme on foot amongst a set of lanalical politicians, to decoy away the slaves, not to steal them — nothing ol that sort — but a proposition had been entertained, by which llie government and slaveholders of Texas agreed to abolish slavery, and for this agreement on their part, it was said that a" company had agreed to advance a stipu- latcti price. What right had our government to interfere? The Secretary says "a inovement of this sort cannot be contemplated in silence." I agree it should not; but what should every Ameri- can heart h.avc said, when it was found th:it a scheme of this kind was on foot? Should they nol have btirst out in thankful aspira- tions to Almighty God, that such a scheme of benevolence as that, had even been thought of. I think the .Secretary says well in say- ins; that they could not look on in silence. The Secretary further says, ''such an attempt upon any neigh- boring country would necessarily bo viewed by this government with very deep concern." Certainly, they should have looked on with deep concern — as deep as that with which aflection watches by the side of dying hive, now gathering liope from the symptoms, that the smiles of health will again smooth the cheek of love, and then trembling lest the pall of ilespair should settle on our hopes. Again, he says, "it cannot be permitted to succeed without the most strenuous efforts on our part to arrest a calamity so serious to every part of our country" — a calamity so .serious to every part of the couniry — so serious to New Hampshire, to JVIassachusetts, and the other New England States. And, sir, this bill, which is now before you. is one of the measures ■»-hich are to be adopted to reilcem the pledge thus made. In the same letter it is said: ■■Tlie establishment, ill the very midst of our slavcholding States, of an indepen- ileiit government, forbidding the existence of slavery, and by a jieople horn, for tlie most part, among us, reared up in our habits, and s|ieakinff onr language, couid not fail to produce tiie most nnhajipy effects upon both parties." When I saw it formally announced by the government that it could not produce any but ''unhappy efli'ects.'' I thought that I was mistaken in the reading. I thought it must be a mistake of the 78 THE TEN REGIMENT BILL. IThu RSDAY, printer, but I found that it was no mistake, that the annoniiicment was really made. What a mistake then did iho Pilgrim Fathers make in corainj; to found a colony in the New VVorlil, where they mi"ht avoid the conscquenees of slavery. Had they not slavery enouflh ai homo, that ihcy hade farewell to fverylliin',' that lioinid their heart.s tn the land oi' their birth. — the hiriil \v)ii-re the bones of their fathers reposed,— and eame over and founded the institu- tion of Ameriean slavery? Was it for this that the May Flower .sailed from the coast where slavery prevailed? Was it for this that those patriots wandered from F.nsiand to Holland, and from Hoi- land here? In heaven's name, was not Kn<;land oppressive cnoii^'h? One more extract, and 1 teave the letter : ■■FewcalamiliPsconlJ bcrall lhi-^th of December, 1846, he repeats the assertion, and he not only repeats the declara- tion that war exists by the acts of Mexico, but he says every hon- orable effort has been made by me lo prevent the war, but all proved in vain, and the war has cmne. notwithstanding he was so execedtngW opposed tri it. Now I rlcsire to examine this matter. The President Is not saiisfied with thus telling us that the war arose from the act of Mexico, and that he had used every honor- able exertion to avoid it. Ho conies forwaid in his message this year and tells us fourteen times distinctly, and several times implied- ly, that it arose from the act of Mexico. It seems a part of the President's religion, [lo accompany his more solemn acts with (he continual declarallon Ihat " w.Tr exists by the acts of Mexico," as it was of the followers of Mahonimed, to preface their more serious sayings with the ofi-iepeated avowal that there was " no God but Allah, and Mahommed bis prophet.'' Now let us examine this matter, did it commence by the act of Mexico? Such is not my reading. The Inking possession of Texns was of itself an act of war. Sir, al the liiiie of the Ameri- can Rex'oltilion, when France signed a Treaty of .Mlinnce with us. Great Britain was not long in finding out lhat that was an ait of war. But suppose lhat act was not one of war, what follows? One of the fundamenlal conditions of the Joint Resolution for annexing Texas to the United States, was war. "riml. «aiil S-lnle to lie formed ftiibject lo Ihe adjustment by this govetninent. of al' rjUMtionii of boniidary." "Subject to the adjustment of all questions of boundary.'' That was the very first condition which the Ameriean Congress fixed to the net of annexation. Well, is il necessary for nie to stand here to-dnv to tell the American people, that it there is a ipieslion of . boundary existing, and one parly goes and occupies the territory to the extreme verge of the claim — lhat is an act of war? Why. I think the President himself, In the course of Iho controversy with Great Britain, mnsl have found lhat this was the case, althongh one of the first acts of his ailministration was to tell the people in his Inaugural Address, lhat our title to Oregon vyas clear and un- questionable. I saw the Prer-idenl amid the drippins of the storm, standing al the east front of this capitol, reminding the [leople hriw young a man he was, anil yet he would have the whole of Or- egon. I almost expected to hear him say — "You'd scarce expect one of my age. To speak in piibli c on the stage." / I know not whether I was most amused at the juvenility of the President, or his dctermlntilion to seize upon the whole of Oregon. He would not even submit the question lo arbitration, because that would be .•idiiiilling lhat Great Britain had some sort of title there. Nothing short of the whole would satisfy him. Why, a man could hardly be recognized as a democrat in the Eastern States, unless he was for claiming the whole of Oregon. He must go for .')4' II)', or he was no democrat; and one State Legislature was so vi- olent in the cause, thai they were for claiming 54" 49'. 1 won- der it never occurred to the President to send our officers and take possession of the territory up to that line. Why did he not do this? Because he knew, and every body knew, il would be an act of war. He knew il would be so considered by Great Britain, and resented by her. Well, so it was here. The sending of General Taylor to the Rio Grande was. beyond all controversy, an act of war. But 1 propose to give you the President's own account of il. In his message of May, 1846, he says that: "lie kept the troo|is at ('orpus Christi unlit it xvas rendered cettain that the IVIoxi- caii goveiiimenl had refused to receive Sir. Slidell." Well, on the lOth day of November this commissioner was ap- pointed, and not being much acquainted with matters of diploma- cy, I of course take what the Presidenl said, as being what he meant. ".SIR. SLlDELl-'s LBITER OF CREDEM-E. J.\MES K. POLK, President of tJtc L'mttd stnUs u/ Awericfi. Great asd Good Frienu; — I have m.adc choice of Jons I-slipell. one of our (llstinguishcd citizens, to reside near the governinent of the -Mexitan republic in the <|uallty of Envoy Extraordinary and iMinister Pleni|totentiary of the l-Inited ^stales of Aineriea. He is well informed of the relative interests of the two countries, and of our sincere desire to restore, culUvate, and stienpthen friendship and good coirespond- ence between us; and, from a knowledge of his tidelily and good conduct. 1 have en- tire confidence that he will render himself acceptable to the IMexican government, by Ins constant endeavors lo preserve and advance the interest and happiness of both na- tions, i therefore rpijiiest your excellency to receive him favorably, and to give full ciedenee to whatever he shall say on the part of llie United States. And I piay God to have you in his safe and holy kepjiing. "Written at the city of Washington the tenth day of November, in the year of onr Lord one thousand eight hundred and forty live, and of the imlepemlence of the Uni- ted Estates the seventieth. Your good friend, JAMES K. POLK. By the President; James BtcHA.SAN. !!seetetary of State. To his Excellency. Don Jose Joai|uim llerreia, Ftesidenl of the Mexican Republic." "And pray God lo have you in his holy care and keeping." How pious the Presidenl is! He prays for his enemies. This was writ- ten on the 10th of November. Now, I want to read another doo- umcnt, to show how Mr. Polk was treating his good friend on the I.5th of June preceding. In a confidential communication from the War Department, dated June lo, 1845, lo General T.iylor, I find the following: "The point of your ultimate (lestination is the western fiontiei of Texas, where you will select and oceupv, on or near the Rio Grande del Norte, such a site as will con- sist with the health of the troo|is, and will be l)e«t adapted to repel invasion, aij^ to protect what, in the event of annexation, will be out western border. Yon will limit youi^elf to the defence of llic territory of Texas, unless Mexico should ileclaie war against the United Slates. Your movement to the Gulf of Mexico, and yonr preparations to embark for tlie western frontier of Texas, arc to be made without any delay." Well, now, what do you think of this pious President? On the 15lh of June, he ordered the troops to be ready to embark for the coast of Mexico, and five months afterwards, he sends a messen- ger to General Herrera. and by the hands of this messenger, a supplication to Almighty God, '■' to have him in his safe and holy keeping." lest this pi^ayer should fail, he had taken the precaution to seniTGcneral Taylor with his army, five months before, lo take him in his care and keeping. Well, I will not detain the Se- nate long on this part of the matter. It seems to me it is too plain for cavil; and if I had the issue to be tried before twelve good men and true, the first witness I would call would be Jarnes K. Polk — lor I never knew a witness who was conscious of telling the truth, who found it necessary to repeat so often the same a,s.ser- lion. Why does the President go into so long and labored an efl'orl lo prove that we bad good cause of war? If this were the ease, and we had not commenced it, instead of being to our credit, it would have been a disgrace to us. It would have shown us a pii- sillaninioiis naiion. It is. therefore, /f/o dc sc of his argument? fiecaiise, iflhis were the case, it shows lhat vi-o should have done what Ihe I'rcsident has labored to show we have not done. The President may conquer Mexico, but he never can suceeed in con- quering the triilb. Ho may direct as many guns to bear upon it as it would require to silence a Mexican battery, but he will not he so successful. Well, if this was the cause of the wai— if this was the manner in which the war commenced, what are we carrying it cm for now? Whaldowepviipi.se' What do we want? Why, in the message of the President lo Congress, in 1846, he tells us lhat it was not conquest that ho desired; in the message of this year he modifie January 6.] THE TEN REGIMENT BILL. n it a little. Now the conquest he disavows; that is, he does not mean to take the whole of Mexico. I suppose that he means to divide It. very much as Lord Aberdeen divided Oregon with him. to take what he wants, and leave the rest. He says: " It was never contemphited by me to m»ke a pemiaiieul contiueit of Mexico: or to destroy her iialionality." Well, sir, actions speak louder tlian words, and I need not ad- monish gentlemen on this floor of this fact, for I have proof in my hand. What does the President tell you? I heard it asserted hy a Senator the other day, that Senators voted for the appropriation of the war under a protest. Tluit they did it for nothins^ else than to reliere Gen. Tavlor from the critical position in which he was placed. The President came and made the thrillinij announce- ment that American blood had been shed on American soil. And while every heart palpitated at such an outrage, Senators, anx- ious to relieve Gen. Taylor, were now willing to vote the supplies required, even though the bill for raising them was accompanied by the declaration which, at that time, they believed to be untrue. that --war existed by the act of Mexico." They gave their votes under the protest that was expressly for the relief of Gen. Tay. lor. And what does the President now say to those Senptors? — Why, he says you did not mean any such thing. . You could not have meant it. You knew that indemnity must be acquired. Sc nators, when you paused that, vote, you all meant to get territory. The President has said so. He is your Executive officer — surely he ought to know; and the President has a right to say it, be- cause actions speak louder than words. You voted him the men and the money: you gave him the sword and the purse, and you gave him unlimited license, to conduct the war as he pleased, and now you must pass this bill — -give him the ten regiments of reiru- lars. and afterwards twenty regiments of volunteers, and let him thus, accordnisT to the Senator from Kentucky, increase his availa- ble forces in Mexico to ninety thousand, and go on, subjugating that country; and what will lie tell you at tlis next session? He now telLs you: ^ "Congress could not have meant — when, in May, 184(i. they appropriated ten mil hon.^ ofdollari. and authorized tlie President to employ the military and nav,al forces of tlie linited Slates, and to accept liie seI^'^ces of lifty thousand loliiuteere, to ena Lie him 10 prosecute the war; and when, at their last session, and after our army hail Invaded IVIexico, they made additional appropriations, and authorized tlie raising of additional troops for the same purpose — that no indemnity was to be ol)tained from Mexico at the conclusion of the war; and yet it was certain that, if no Mexican terri tory w'as actiuired, no iiidemnitv could be obtained. '■ki3 furtiier manifest that Congress contemplated territorial indemnity, from the fact, that at their last session an act was passed, ujion the Executive recommendation, appropriating three millions of dollar, with that exjiress object. This apjjropriatioii was made 'to enalHe the Piesident to conclude a treaty of peace, limits, and houiida nes with tlie republic of Mexico, to tie used by liini in the event that said Ireatv, when signerl by the authoiized aBeuts of the two goveninients, and diilv ratitied by Mexico, shall call for the ex|ienditure of the same, or any part thereof.' The object of askin"^h may be hereafte, established, according to the convention concluded between the two Republic., in thecny of .Mexico, on lheS»th of Januarv 1843, to provide for the payment of what shall he decided in favor of the claimants, according to a convention between the United States and the Mexican Republic, on the 11th oi' .-Vpril. 1H39. .\iid the United States equallv agree to assume ami pay ah ri.'laniations of citizens of the United States against the GToverument of the United Mexican States, not previously decided, to an amount not exceeding three millions of dollars which have arisen prior to the IKtb of .M.xy. 184G. and which shall be adjudg ,ed 10 be due by a commission established by the Government of llie United Stales, whose decision shall be definitive and conclusive : hrovidej. nlwttys. That in deci ding on ibe validity of the said demands. Uie commission shall be guided and govern- ed by Ihe principles and rules prescribed by the tiral and lilih anicles of the unratiGed convenlion, concluded in the city of .Mexico on the 'iUlb of November, 1H43, and in no case shall they give judgment in faioi of any claim mil embraced by these prin ciples and rules. And the T.fniled Slates, for the present and future, exonerate the United Mexican .States from any of the said demands whalsoever, whi(.4i may be admitted or rejected by said board of coinmissionen." He requires payment of our unliquidated claims — he requires the expenses of the war, and in addition to these, he requires that they shall sell him just as much territory as he sees fit to buy at his own price — this is the indemnity and security he wants. Are Se- nators prepared to sanction these views ? Can they face the indig- nation of the world, after having insisted on them ? Here is a go- vernment enfeebled — broken down — a )ieoplc distracted — having a natural attachment to the homes of their birth — to the soil beneath which moulder the bones of their fathers— and because they do not choose to sell their country and themselves, the President says the war must be prosecuted and carried into the vital parts of Mexico. Well now, the course of the President seems to me decidedly re- prehensible. Perhaps I have commented upon it in a manner not quite becomhig to this place — -I hope not. I cannot help remarking in justice to him. that he has no! shown a disposition for war in all cases. I think in the management of the Oregou treaty he exhibited a Christian meekness to a surpri- sing degree. But he did not inherit the blessing of the meek. He did not get the land. He would not submit to arbitration. Well, how did he settle it ? Let Mr. Pakcnliam, the Brilish Minister, tell liis own story : " Wasiiinoton, June 13, \MG. "Mv LoRn : in conformity with what 1 had the honor to state in my despatch (No. 6^) of the 7lh instant, the I'lesident sent a messa^ie on Wednesday last to the Senate, submitting for the opinion of Ihatbody, lhedr,aft of a contention for the set tletnenl of the OrCL'on question, which I was instructed by your Lordship's despatch fNo. 19) of the I8th Mav , to propose for the acceptance of the United States. " After a few hours deliberation on each of the three days, (Wednesday, Thursday and Friday,) the Senate by a majority of .*18 votes to 1'2, ailopted yesterday evening u resolution advising the Presuient to accept the terms pro{iosed by her Majesty's goveru ment. The President did not hesitate to act on this advice, and Mr. Buchanan ac- cordin^ly sent for me this morning, and informed me that the coni.ilions ottered by ber Majesi^y's government were accepleil hy the gowmment of the United States, with- out the addition or alteration of a single word. " I have the honor to be, &c.. "R PAKP.NHAM. " The Right Hon. the Earl of .\herdeen." He takes it just exactly as it was cooked up for him, very much as sick children are directed to do when they have an unpalatable dose of medicine to take — "shut your eyes, and open your mouth, and down with it." Now. I have not a word to say against the settlement of the Oregon question; but it seems to me that it would have read a little bcttei' in history, if it had not bcHii preceded bv so much blustering and bragging. And it was a little amusing, to see the efiect it had on our eajtern democracy. The man who did not go for .54" 40', was a federalist, a traitor; and some were so zealous that they even got up to 54" 49 1. Upon them Ihe trea- ty came like a thunderclap, and they had to reverse the steam so suddenly tliat it came nigh producing a fatal collapse in the party. Bui, sir. the President is not so enlirely warlike in his nature as his conduct to Mexico would indicate; he has other and milder qualities; he merely has none of that ferocious spirit, character- ised iiy the poet as — " That stern joy which warriors feel In foeinea woit'iy of their steel." It is a colder country at 54° 40'. Now, if right in tbo posilion I have taken here, the question is. what is the duty of the Ameri can Senate? What are they to do? To go on and vote these ten regiments? The honorable Senator from Kentucky, the other day, said he did not know why regulars were preferred to volunteeis. I tlo not know that I do. But Yankees jjuess sometimes. War is to be made, sir. not only upon Mexico, but on the free laborers of the country, and the first onslaught is to be made in the shape of a lax on tea and coffee ; and it is the patronage which the creation of these ten regiments is to give him, which he thinks will enable him to ert'cct it, and the President has probably come to the conclusion taught by the experience of the past, that with the patronage of ten regiments at his command, " some things may be done as' well as others.'^ I think the Senator from Kentucky, with his great acumen, if he looks through his glasses, may discover why the President pre- fers regulars. Well, why cannot Senators who think with me, that the war is wropg, radically wrong, come out and declare so hy their votes ? Why sit here denouncing the President, and then be guiltv of the inconsislency — willi all due deference I s.ay it — of voting men and money to carry on the war ? VVhy. it is said it would be unpopu- lar to withhold the supplies. Are we afraid to trust the people with a great question of right ? Sir, I think those who are afraid to trust the people, underrate them. Are men afraid to do that whii^h is right because it may not be popular ? Sir, it is this ghost of the unpopularity of opposition to the war, which seems to sit like a nightmare upon American statesmen. Sir, I think there was more truth than poetry in what was said by a western man. 80 THE TEN REGIMENT BILL. fTnURSDAY, He said he got caught bj opposing thp last war, and he did not mean to "et caui^ht atjain — lie intended now to iro for war, j)esti- leiiee. and famine. And I think there is a good deal of that feeling in the country now. Men are afraid to talu<;l>l the war was right, or thoiii^lit that it would be right farther lo prosecute it. I believe, sir, that the heart of this whole people is sick of this miserable, temporizing policy, which is putting justice, and right, and truth out, in order that expediency may walk in and govern, and control, and direct our actions, f wish that the c.\i)criuicnl might be tried by Congress of actini; and voting on this matter according to the convictions of their own undcistanding as ex- pressed by themselves, when I hey speak of the eliaracler of this war. I listened, the other day, "with great pleasure, to the re- irlarks of the honorable Senator from Soulli Carolina. I trust 1 heard with prolit. the suggestions wlilr-h he threw out. when speaking on his resolutions. But, I confc-^s 1 hal 1 was somewhat astonished that a man of his great c.xpciicnce — his vast Icarnmg — his keen observation — could really think that there could be any virtue in the passage of these resolutions. I would like, indeed, to see those resolutions passed, not that I think their pa.'^sage would do any goipd in the world in the prcscnl eniergeiicy. Hut they might . if ailnplcd, serve as a j^ort of hind-uiark, showing wilii wli;ii rapidliv and wliiil proclivity we have traveled the road to ruin. But that there would be any virtue in them I have not the Icasl idea. Pass these resohilions unanimously, in both branches of Congress, and let the President apjiend to them his u.sual declaration that the war was conuueiiceil by Mexico; nay, you may go beyond that, and with all the forms ;'inil solcnmities with which ynu could embody them, you uiav make ihem pari of llic written fundamen- tal constitution ol the laud, and what would they be worth? Not the ))aper upon which they are written; for the very moment that they stand in the way of a popular majority they would be utterly set at naught. He that is not persuaded of thai, has not read, it seems to me, the first primer of our history. I think that the reso- lutions themselves contain rnucli that is just and true, and that the passage of them might be of some consequence in the way which I have suggested. But that their passage would cheek the downward tendency of alfairs is altogether out of the question. I believe that the people desire us to go right, and that we have not faith enough in the people. Nothing is more common than to find aspirants for public favcn, flattering the people and continually praising their intelligence and patriotism, and everything which gives value and dignity to the human character. But you do not find these eulogists of'the public virtue at all prepared to venture a little upon the intelligonce which they vaunt so much, There is faith in expediency, in policy ; in everything but justice, truth and right. The present is, I believe, a critical period in our history. I be- lieve that it is presumptnons in us to affirm, as the President has atfirnied in his message, that the great question of the capability of man for selfgovernment has been settled. It is not settled, sir. We are now settling it. Whether the manner in which we are settling it will favorably or unfavorably alfect the condition of ■iiankind hereafter, yet rcnuiiiis to be seen in the future. We are settling the question not only for ourselves, bnl for all who are to come after us. It' here the experiment of sell-government should fail, who can estimate the consequences to our race? We are to- day writing our history. We are impressing that liitle space which we occupv between the past and the future, with footstejis which will be indelible. Whither are those footsteps now tending? Shall those who are to succeed us, find that the course which we are now pursuing, led to the broad fields ol' liberty, of peace, and of prosperity? Or shall it be, that we are only erecting monu- ments marking the bye-paths that lead to the pittalls of destruc- tion? These are questions that must come home to the heart of every man who loves his country, and prizes its free institutions, and sees the dangers which now threaten them. Are we so blind, so fanatical, so stupid, as to believe that the great laws of the physical and moral world are to be reversed in our favor? Are we emphatically the children of destiny? Can we take our destiny in our own hands, and control it? Not so. It seems to me that there is a light streaming down the pathway of ages, illuminating the destiny of nations, and that it is written in glaring charac- ters — retribution. It is a law in operation all around us — in the phvsical, moral, and iiofitical world. It is true of nations as of individuals, "whatsoever a man sows, that shall he also reap." I would ask those disposed to look at this question in the light of history, to go back, and by its aid, trace the long vista of acres that have clap.sed. Let them go back, if they will, to the morn- ing of creation, ^\'hen all the sons of God shouted ttigelher for joy that Alinighl}^ Power bad s])oken a new world into being; und they will not find it recorded in any page of that history, that any nation ever sowed the seeds of war and slavery, and reaiied the iriiits ol" peace and liberty. No! that jiassage remains to be writ- ten; and it requires no very great etfort of the imagination to fan- cy that we can now hear the voice of all nations of the past sound- ing a solemn warning in our ears. Let us beware, lest that fate which has constantly followed such a cour.se of policy may not soon be ours. I have thus endeavored to discharge my duty. I am quite aware of the imperfection of the effort. But before l conclude, I wish to say a single word |icrsonal to myself, and to let you know, sir, and the Senate know, that if it be lanaticism which I have uttered, I am not alone responsible for it. It i.s not peculiar to myself, sir, nor those with whom T act. We had, a year or so ago, iit the State of New H:iniiishirc, a pair of democratic organs, and it was rather doubtful whether they were enlirely harmonious. But in M;iy. these New Hanipslilre "patriots" came together — they had an annexation — and when they came together, they undertook to define the true democratic falih upon this very doctrine of slavery. I read from the "New Hampshire Patriot" of 27tb May, 1847. [Mr. Hale here read extracts from the "New Hampshire Pa- triot," contending that the democrats of .slave States were friend- ly to abtditlou, and would ultimately efl'ect it.] That is 'New Hampshire Patriot" democrac)' — about tw'elve months old. So, i( I am fanatical, I am not without authority for my fanaticism ; and a man may, it seems, entertain all the senti- ■ inenls which ! have advanced without being cast out of the pale of the democracy as it is now organized. But I leave the subject. I thank the Senate for the patience, kindness and cani^or with whicli I have been heard. It is no pleasant duty that I have per- formed. It Is not agreeable to my leellngs to Dccupv the jilacc of an Islnnaelite here ; my hand being against every man's, and everv man's hand against mine. If any remarks have fallen from me, odensive to the feelings of a single Senator, of whicli I am whollv nneonscious, I can assure him from the bottom of my heart that they were altogether unintentional. I have endeavored to deal with principles and measures, not with men. I believe that tl e institutions of the country are endangered. I believe that the course in which we are proceeding, unless our career be arrested, will most inevitably conduct us to destruction ; and I have thrown out thfse suggestions, in the hope of doing something, however feeble the attempt, in order to excite correct public .sentiment on this all-vital question. ' The question being then on the passage of the bill, Mr. BALDWIN Inquired If the yens and nays had been deman- ded . The PRESIDING OFFICER replied In the negative. Mr. BALDWIN then called for the yeas and nays. Mr. JOHNSON of Maryland rose to move an adjournment, in order to allow opportunity for further discussion of the bill, but withdrew his motion at the request of Mr. CASS, who stated there was some executive business which demanded attention. The Senate tlicu proceeded to the consideration of executive business . After a short time so oecniiied. the door was o()ened, and On motion. The Senate Hdjourned. January 10.] PETITIONS AND MEMORIALS. 81 MONDAY, JANUARY 10, 1848. NATIONAL ARMORIKS. The VICE PRESIDE;f things, or ibr any |)urposcs of taking sides with the enemies of our country. Wc aim alike at her honor — wo disagree, if we do disagree, as to the true mode of vindicating and maintaining it. Mr. President, all of the good and liberal of my countrymen will, I have no doubt, when they shall have seen what I am about to say, do me the justice to believe that my motives arc pure and patriotic. Thiuc may be, and perhajis arc, mere followers of the party camp, whoso hope it is to feed on the spoils of the contest, who may profess to doubt it; but none such do I drop a syllable to satisfy. Bred in the corruption of the motto of the political free-booter, that the spoils belong to the victor — fichtinc not for principle, hut for plunder, they are as fecu- lent as their motto, and beneath the notice of honest men. Only, indeed, to be shunned as you would shun any loathsome toad that misht be in your pathway. Is the war just and honorable or not? I think it is, and I hope for the good name of my country, that such will be the judgment of Christendom. Sir, I wish to be clearly understood. I am not inquiring into the conduct of the Executive, into its prudence, or its constitutionality. My single proposition now is, that as between the United States and Mexico, the former had just cause of war on the 15th May, 1846, when the war act of that date was passed, and that on that day war in fact existed bv means of the unjust and illegal act of Blexico. Su-, 1 repeat before goins further, that I sincerely trust, as I love the fair fame of my countrymen, that I may be able to make this plain. Sir, I should bow in deep and heartfelt mortification for that fame if I did not believe it to be plain. I would not have it even to be in- volved in the slightest obscurity or doubt, from the dread of the judsM:!nt which the civilized world would then be compelled to pass upon us. We live in an age when nations, as individuals, lose their power and usefulness, and sink into degradation, if they per- petrate acts of wTong and injustice. We are, thank God, sur- rounded by a moral atmosphere as necessary to healthful national existence as the atmosphere we breath is necessary to individual life. If we discard it, if we sink below it, if we substitute for it that which is inseparable from violence and injustice, the punish- ment is at hand. The decay begins and progresses, imtil we are involved in hopeless ruin. National character is national power, and the purer, the more elevated, the more spotless that cliaracter, the greater the power. I trust, therefore, in God, that I am right in the opinion that this war is upon our part just and honorable. If not, if not clearly just and honorable, then will we be pronounced by the judgment of the world a band of murderers. No other sentence can then be passed upon us. If we are right, we are worthy descendants of sires who knew no moral blemish, who estimated the national honor above all price. If we are wrong, we have disgraced the inheri- tance of freedom they have left us, brought di.shonor upon our land, and aimed a fatal blow at constitutional freedom itself. If I speak strongly it is because I feel strongly. I wish to give offence to none. I take no offence if others hold a different opinion. I am here to justify my own before the Senate and the country, and I mean to do it with the freedom that belongs to each of us. I have an instmetive repugnance to believe my country wrong in any war in which she can engase, and I rejoice that in this in- stance ray feelings and my judgment are one. I now proceed with the attempt to maintain that judgment. I have not time, sir, nor health to state all the facts which our difiiculties with Mexico have developed applicable to this question. Nor if I had, should I deem it necessary to trespass so much upon the time of this body- My purpose is to refer only to such as I am sure cannot be suc- cessfully denied, and which are of themselves, in ray judgraent. conclusive of the controversy. In 1834, the Mexican Congress passed a decree, requiring all citizens to surrender to the government their arms. The legisla- ture of Coahuila and Texas by decree remonstrated against it and other acts repealins the constitution of Mexico of '24, by which thev had changed the government from a Federal to a Central one. For this General Cos, under the order of Santa Anna, at the head of his army, broke up the legislature of Coahuila and Texas, and arrested all the officers of the government, marched over the Rio Grande and established his head-quarters at San Antonio, leavin" a sjarrison at Lipautitlan on the Nueces, and one at Go- liad, 'rhe Texans then commenced the revolution, retook Goliad, Lipautitlan and San Antonio, in '36. The boundaries of Coahuila and Texas as these departments were laid off into one State by the constitution of '24, was the Nue- ces, running for upward of one hundred miles up that stream, and then by a line across from that point to the kio Grande. The territory below that line, between the Nueces and the Rio Grande, was a part of the State of Tamaulipas. Tamaulipas granted it to various individuals by what were called colony-grants, under which many settlements were made. These colonists, or the great- er portion of them, so entitled to this portion of the territory, joined in the Texas Revolution, and were represented in the convention of Texas, which subsequently declared the independence of that Repubhc. The day after the" battle of San Jacinto, 3Ist April, '36, Santa Anna surrendered as a prisoner. In about six weeks after- wards he entered into a treaty with the government of Texas, ac- knowlediriu" thi; Rio Grande as their south western boundary, upon condition that General Felisolea, then at the head of five thou- sand troops, being all that worn left to the centralists to maintain their power,'should be permitted to retire west of the river, and that he, himself, .should be released. These conditions were com- plied with, Felisolea being permitted to retire with all his force to the west of the river, and Santa Anna in October afterwards, released. The treaty contained, also, various stipulations about the release of prisoners and the surrender of property. General Rusk, then at the head of the Texian forces, and under tlie order of the Texian government, transmitted a copy of the treaty to Gen- eral FeUsolea,'who recognized it, and at once complied with all the obligations it imposed upon him. In 1836, 19th December, the Texian Congress passed a law describing th» Rio Grande as their south-western boundary. In the January 10. J THE TEN REGIMENT BILL. 85 summer of IS36 Felisolea was superseded in command by the ap- pointment of Gen. Urea, who iimmediately commenced raising an army to re-invade Texas. Gen. Rusk, who was still at the head of the army of Texas and stationed at the Gaudaloupe, ordered the families between that part and the Rio Grande to retire to his rear, or to remove to the western bank of the river. The most of them did retire to his rear, but many of the Mexicans elected to cross the river and settle on the opposite side. For the purpose of faciU- tating the removal of those occupying the country and of watch- ins the movements of the Mexican army, and preparatory to an advance upon Matamoras, he dispatched General Felix Houston with a sufficient force to take possession of Corpus Christi, and that was done. General Houston exercised more authority, be- tween the Nueces and the Rio Grande, than Urea did, who was stationed at Matamoras, with a force of about ten thousand men. Atone psriod Urea crossed the river with the creator part of his command and encamped a few miles east of the river, but in a very short period he re-crossed to the western side. In this con- dition things remained mitil 1843. the Mexicans having no army to the east of the river, and the Texians having a few troops at Corpus Christi and San Antonio. With these troops, however, the Texians frequently made excursions to Lacido, a place upon the Rio Grande, and several times crossed it. The Mexican troops made two incursions, crossing the river both times, coming as far as San Antonio, and upon each occasion were immediately driven back to the west bank. In -"43, also, an armistice was agreed upon under which the Slexican Army was to remain on the west and the Texians on the east side of the river. This ar- mistice was in the same year revoked and the war declared to be renewed. The proclamation of General Wool, who was then in command of the Slexican force, issued by direction of Santa Anna, declared that all Mexicans found within three leagues of the river, would be considered as " favormg the usurpers of that territory," meaning by the territory, the whole of Texas, be tried by court martial, and capitally punished. There were during this period, at a post called Lacido on the east side of the river, some citize^ under a military organization, and organized sunply with a view of defence against the Indians, miisrered only upon such occa- sions, but claiming to be citizens when Hays or McCul- lough was there with the Texiau Rangers. From the com- mencement of the revolution in '34, to the Independence declared by Texas in "36 — from that period to the admis- sion of Texas into our Union in '45 — and from '43 up to the present hour, no Mexican document can be found, military or civil — no Mexican officer, military or civil, has ever been known to contend that the territory lying between the Nueces and the Rio Grande belonged to Mexico by any other title th.an that which she maintained to the whole territoiy between the Sabine and the Rio Grande. Under the colony contracts granted by Tamaulipas, the settlers, at an election in Texas in '41 or '42, of members of congress, voted at Corpus Christi, claiming to be citizens of Texas, and their votes were received and recognized by the gov- ernment. The evidences to the tide, too, to the lands so settled upon, including all transfers from the time of the revolution of '34, to the present tune, are recorded amongst the land records of Texas. On the first of March, '43, the alternative resolutions for the admission of Texas into the Union were passed. On the 29th of December, '43, Texas was admitted, and on the same day an act was passed to extend the laws of the United States over the State of Texas. On the 31st December, '45, Texas was constituted a revenue district, and the city of Galveston, the only port of entry, having annexed to it, amongst other ports, as ports of delivery, the port of Corpus Christi, a port on the west side of the Nueces. Under that act a revenue officer of the "tnited States has been appointed for Corpus Christi. On 2d February, '47, congress, by an act establishing additional post-roads in the State of Texas, established, amongst others, one from Brazos Santiago via Point Isabel to Fort Brown, opposite Matamoras; and one from Corpus Christi to Brazos Santiago, a point south of Point Isabel, near the mouth of the Rio Grande. Now, as before stated, Texas was annexed under the first of ihe alternative resolutions of the 1st March, '45. [The first resolution provides. That Congress doth consent that the territory properly included within, and rightfully belonging to, the republic of Texas, may be erected into a new State, to bo called the State of Texas, with a republican form of government, to be adopted by the people of said republic, by deputies in con- vention assembled, with the consent of the existing gevernment, in order that the same may be admitted as one ol the States of this Union. That the foregoing consent of Congress is given upon the con- dition, that the said State be formed, subject to the adjustment by this Government of all questions of boundary that may arise with other governments; and the constitution thereof, with the proper evidence of its adoption by the people of said republic of Texas, shall be transmitted to the President of the United States, to be laid before Congress for its final action, on or before the first day of January, one thousand eight hundred and forty-six. The second resolution provides. That if the President of the United States shall, in his judgment and discretion, deem it most adnsable, instead of proceeding to submit the first resolution to the republic of Texas, as an overture on the part of the United States for admission, to negotiate with that republic, then that a State to be formed out ol the present republic of Texas, with suitable extent and boundaiies, and with two representatives in Consress until the next apportionment of representation, shall be admitted into the Union, by virtue of this act, on an equal footing with the existing States, as soon as the terms and conditions of such admission, and the cession of the remaining Texian territory to the United States shall be agreed upon by the governments of Texas and the United States; and the sum of Sl6b,nOO is hereby appropriated to defray the expenses of missions and negotiations, to agree upon the terms of said admission emd cession" either by treaty to be submitted to the Senate, or by articles to be submitted to the two Houses of Congress, as the President may direct.] Immediately upon the annexation the Minister of Mexico Gen- eral Almonte, demanded his passports, upon the ground that the annexation itself was a state of hostility to Mexico, and from that period to the march of General Taylor from Corpus Christi to the Rio Grande, the frequent efTorts of the American Government to terminate the controversy by negotiation, failed; and before that march, the Mexican government were collecting their forces upon the Rio Grande, with the avowed design, not ol taking pos- session only of the territory between the Nueces and the Rio Grande, and conceding to the United States that portion of Texas which lay west of the Nueces, but of disputing nnth the United States the title to the whole of the country between the Rio Grande and the Sabine, and upon the ground that the whole and every part of that territory was still a portion of Mexico by vir- tue ol her original and paramount title. Now the proposition which I seek to maintain is this, that as be'ween the government of the United States and the sovernment of Mexico, the former had in this condition of things a perfect right, and the same right for the purpose of repelling the threatened invasion, to march her troops into the territory between the Nueces and the Rio Grande, as into any territory situated between the Sabine and the Nueces. The question is not, whether such a movement of the troops was under all the circumstances judicious and prudent. It is not, whether by a different course an actual conflict might not have been avoided; but whether, as a matter of right — as^a matter of self-defence, the United States had not, under the law of natioi*. full and perfect authority and justification to make such a move- ment. Now what are the clear and indisputable facts? The U, States had received the republic of Texas into the Union without anteceden- tly defining her boundaries,and under a constitution which reiterated what had been, as far back as '36, a part of her origmal constitu- tion as an independent republic — that the Rio Grande, from its source to its mouth, was her southwestern boundary. The United States extended all her laws over the State of Texas, as so ad- mitted. They had assumed actual jmisdiction at Corpus Christi. They knew that there were citizens between the Nueces and the Rio Grande who claimed to be citizens of the State of Texas so admitted. They knew that for nine years the State of Texas had existed as an independent nation. Who proposed withdrawing Taylor on the 13th May ? Who denied then, that we had good right to repel the Mexicans and to invade, for the purpose of avenging the outrages, any and every part of Mexico? She had refused to negotiate^; she had considered annexation as war ; she had terminated all diplomatic relations ; she had refused to receive our Minister upon a mere quibble of the then President, because he was afraid of his own power, threaten- ed with downfall because it was believed he was willing to nego- tiate at all. She had mustered an army on the Rio Gninde with the declared object of invading all Texas and recovering the whole to her own sovereignty. Her then Government owed its existence to this very deterrmnation . She had never maintained any pecu- liar title to what is now called disputed territory. ^\Tiat, in this state, were the United States to do ? Were thev bound to remain still and wait the invasion, or were they not authorized to meet the thieatened invasion, even upon the admitted territory of the invader ? Who doubts, that with nations as with individuals, the right of self-defence gives the right to strike the first blow ? To prevent an injury is easier than to repair it. Sir, where is the writer on the law of nations, who holds a difi'erent opinion ? There are some propositions so plain, that they admit of no illustration : they furnish their own best illustration, and this is one of them . We had a clear, undeniable right to meet Mexico at the very outer- most limits of Texas, and repel her there, or if we deemed it advi- sable, an equally clear and undeniable right to anticipate her by striking the first blow on her own admitted territory. But it is said that the place of conflict was on Mexican territory. Kit was, the argument in our behall' would not be in the least enfeebled. She was there intending to go further. She was there to drive our army back to the Sabine. She was there to re-conquer Texas, the whole and every part of Texas, and not to retain a portion only, upon the ground that such portion was not Texas. But even the fact is not as alleged. Whether this portion of the territory was or was not rightfully a part of Texas was, at lecist, a matter of dispute, Texas claimed it ; Texas, over a portion of it, exercised jurisdiction. Citizens residing on it, claimed to be citizens of that government. Mexico haf in vain attempted to recover it. The T^onstitution of Texas included it. The United States had exercised, after the admission of Texas into the Union, sovereignty over part of it — the highest act of sovereignty, the taxing power. She had received Texas into the Union without any olher definition of boundarv'. reserving the right only as be- tween themselves, Texas, and any other power, wtio might ques- tion the justice of the boundary, to settle it by negotiation With- out a breach of honor to Texas, the United States could no more have surrendered, without enquiry and negotiation, to an absolute and armed demand this«portion of the territory, than they could have surrendered to such a demand the entire State, All then that can be said is, that the title of Texas to this part 86 THE TEN REGIMENT BILL. [Monday, of her territory was open to dispute. Such a dispute is to bo set- tled but by two means, by negotiation or by force. If the nego- fion was refused, if Mexico elected the other alternative, force, can she complain if wc meet her with force? But suppose her design was not actual force, but to get possession only of the dis- puted sround. Had not the United .States the same right to take po-ssession, and hold whatever they possessed, until the question of title was decided by negotiation? The very question of title might . have been alTected by the fact of possession. Mexico might have relied upon it as conclusive of the inability of Texas, and the Uni- ted States as their successors, to prevent it, and as demonstrating that the original sovereignly had not been lost by iho revolution. This, the United States had a right to guard against ; their own honor bade them guard against it. If actual possession, by Mexi- co, could weaken'the title of Texas, it was their duty to strength- en it by also taking possession. Pending a question of disputed tcr- ritorv, not actually possessed by either, who ever contended that it wis the dutv of one of the parlies to suffer the other to take possession, and then try the title? No sir, no lawyer would give such adrice. No statesman would so act. Things should in such a case, be suffered to remain in "statu quo." Neither should seek to got advantage of the other. If I am right in this, and Mexico designed taking possession, then she cannot complain if we also take'^possession ; and, especially not. if she knew that notwith- standing such possession, wc we're willing at any time to negoti- ate on the question of title. Sir, it has been said, that to march into the disputed territory is an act of hostility. I concede it. But then to threaten to march to prepare to march — to muster an army to march, and with the avowed purpose of taking forcible possession and holding, is also an act of hosiility. This Mexico did first, and we had then a clear right to anticipate her upon every principle o'' the national law, b/marching ourselves, and placing ourselves in a condition suc- cessfully to'lueet and repel her. Between nations, as between in- dividuals, aggression may be met by aggression — assault may be met by battery. But it is said revolution gives no title unaccom- panied by actual and undisturbed possession and jurisdiction. As a general principle the proposition is true ; but what is actual and undisturbed possession ? Does it mean that the revolutionary go- vernment is to have a soldier on each foot of her asserted domain ? Does it mean that every inhabitant within her territory is to ac- knowledge and submit to her sovereignty? or does it not, only mean, that such government is to have possession, claiming exclu- sive title to the whole of her asserted bounds, and possess tne pow- er and determination to make that title good by force, against the original sovereignty ? I say it means this and nothing more. See the result of a different doctrine. We declared our inde- pendence in '76 ; the war continued seven years. Suppose no trea- ty of peace had been made recognizing our limits, but England had simply retired from the contest in disgust with the struggle, as she might well have done, would not our title at that moment have been as good to every foot of our glorious Thirteen, as it was to the very battle-tields of Saratoga and Yorktown? And yet, how inconsiderable a part of our country was ever trodden by the Amer- ican soldier or within actual reach of his arm! And yet, how ma- ny hearts throughout the contest beat high with true loyalty to England, and were striking or were burning to strike for her stan- dard! No, sir, the proposition is not true as it is sometimes under- stood. It means only the ability to make the u-surpation good by force of arms, when the usurper's title is by force of arms assailed. Subject to this tost, who can doubt that Texas had the ability to maintain her title to any part of the territory claimed by her be- tween the Nueces and the Rio Grande ! Let the facts give the an- swer. After her declaration of independence, and after she had by force driven the Mexican troops across the latter river, they after- wards returned but twice and were each time driven back; and from the period of the last incursion, in 1843, no Mexican soldier ever crossed the river, and no civil oflicer of Mexico ever exercised juris- diction over it. Texas then claimed the territory — ^Texas drove Mexico from it — Texas had apparently the power, and certainly the will, to drive her from it whenever she invaded it. If these were the facts, and I appeal to the honorable Senator from Texas for their truth, what doubt is there, that to that part of her constitu- tional limits she has a perfect title? Sir, a word or two more, and upon this point I have done. What Senator, what American, would be now content to abandon the territory, make the Nueces the boundary, and fight only for that boundary ? For peace, to put an end to the war, to spare the further effusion of blood, some might be found who would by negotiation agree to that limit of Mexico — would surrender all title to the rest oi Texas. But who is there who would now propose to fall back to the Nueces and abandon at once the intermediate territory, the very fields of Palo Alto and Resaca la de Palma to Mexico, and fight, her only to the banks of the Nueces? I believe, I hope for the honor of a com- mon allegiance, that there is not one. I have said that I trusted for the sake of our heretofore stainless character, that the opinion I have thus fully endeavored to maintain was correct — that the war is on our part a just one. If not, sir, why is it not? It is because without justification wo invaded Mexican soil. It is because without justificatimi we caus(>d Mexican blood to be spilled upon Mexican ground. It is because they were met at their own homes, which wo invaded; upon their own fields, dear to them as love of country is dear — consecrated to them by all the associations which bind man to the soil of his birth; in tbo holiest of all duties — the defence of home and country and have, without right, without excuse, without palliation, "iven them to the sword— slaughtered them by hundreds and thousands. and driven the survivors away. Sir, would not such a tale of wrong, of itself, cover our country with ignominy? But it is not yet half told. What else have we done? We have seized upon it as a pretext for other, and if possible, yet deeper enormities. We have published to the world a falsehood. We have endeavored to conceal the true character of our outrage. We have stated that the contest was of their own seeking — not ours; and upon this de- grading perversion, hav(^ pursued them with still more frishtful outrage. We at once called into the field 50,000 soldiers— placed the whole naval power of the go%'ernment at the disposition of the Executive — entrusted him with ten millions of dollars, and carried on the war thus begun — took possession of their towns, bombarded Monterey — carried it almost by storm, slaughtering men and wo- men by hundreds and thousands. Still the story is not told. The damning dishonor is not yet as dark as the truth. Another Con- gress assembled — woof the Senate composing it in part. We au- thorized additional troops to be raised — we placed additional funds in the hands of the President. We hear of an intention to strike outrajed Mexico in yet more vital points — we do not arrest it. We suffer the expedition to go on. Before the Mexican blood is yet dry upon the fields of Palo Alto, Resaca de la Palma, Monterey and Buena Vista, Vera Cruz is bombarded. Her churches fall under the dreadful aim of the mor- tar — the blood of her women and children runs in streams through her before peaceful and happy streets — her almost every thorough- fare is obstructed by the mangled bodies of her slaughtered cTti- zcns, until at last, her valor can hold out no longer before the mighty and crushing power of our arms. She surrenders. Yet still, our vengeance is not glutted. Innocent, unoffending, outra- ged Mexico has yet more cities to be laid waste or conquered — more hearts to be wrung— more gallant blood to be shed — more women and children to be slaughtered — more agony in every form to suffer. We have not yet had our fill of blood. We march on in fiendish progress. At Cerro Gordo, Cherubusco, Chepultapec, Molinodel Rey, our march of slaughter is renewed, and goes on «ith yet more fearful violence. Mexican blood waters every , ain. The cries of Mexican agony startle every ear, and still the work goes on. We lay siege to the City of Mexico itself— bombard its peaceful dwellings — make her streets to run with human blood, and slaughter again women and children, until re- .sistance becomes unavailing. We get po.ssession of the Capital, and yet carry on the contest. Sir, can our country have done such deeds? Is she so deeply steeped in crime? Has she no honor left? Are we christian and civilized men, or are wc robbers and murder- ers? I hope she will pardon me the inquiry; and yet if the war was unjust, if it was not provoked, if it was our act and not the act of Mexico, every human heart, animated by a .single human feeling, can but answer in the affirmative. But no sir, no sir, it is not so. She is high-minded, just and honorable. She is civilized, not savage. Her citizens arc moral and christian. Those scenes are in the eye of God and man to be justified, because necessary to oiu- honor, and forced upon us in vindication of our violated rights. Mexico is answerable for all these sad and sickening results. The war is just, because she commenced it. It does exist by her act, and, so help me God, but for that conviction, as I reverence tnith and detest falsehood, 1 would never have voted for the act of the loth May, '46. So far I have been considering the justice of the war as between the two belligerents— the United States and Mexico, as nations.— But another and a material inquiry presents itself. What, inde- pendent of the attack upon our troops on the Rio Grande, the im- mediate cause of the war, was its remote cause? Upon this point I agree, I believe, and have ever agreed with ray political friends, and, as I think, with hundreds and thousands of our political op- ponents. That cause is to be found in two measures of the Presi- dent of the United States. The first, the mode he pursued under the resolutions of the l.st March, '45, to con.summate the annexa- tion of Texas to our Union. The second, and the more direct and immediate cause, his order to march our troops to the Rio Grande. Upon both these points I proceed to give my opinion with the frankness which becomes me, and at the same time the deeonmt which is due to the executive officer of the government. First. The mode he adopted of consunimating annexation. — The resolution of Congress of 1st March presented alternative modes. Under the one, Texas was to be admitted without any precedent definition of her boundaries. Under the other, there was to be such a definitiim. Sir, I will not stop to enquire into the secret history of that resolution, in this body. The treaty which preceded it had been rejected, because it prescribed no other boundary than that which Texas claimed. It was rejected, as appears by the debates in this chamber, because inthe judirmenl of some Senators on the other side, such claim was untrue and in- valid — invalid because a large portion of the territory embraced within the asserted limits was clearly a jiortion of Me'xico. The treaty being rejected, the resolution' of the Isi March, 1845, came to the Senate. That, too, was open to the same objection as the treaty. It left the boundary to depend on the claim of Texas. It was impossible for those who thought the treaty was obnoxious on tliat ground, and on that ground voted against it, to give it their support. But they did vote for it, after getting it amended by the insertion of an alternative mode. Sir, hovy happened it that this clian<;e of form reconciled them to the mea.sure ? Could it have heen for any other reason than because they were satisfied that that alternative would be pursued by the President ? Such alternative obviated the January 10.] THE TEN REGIMENT BILL. 87 objootion of an unsettled and unjust boundary. It looked to nego- tiation as the remedy to avoid all difficulty either with Texas or Mexico. It looked to annexation, without (he hazard of war, and was designed for the pure and patriotic purpose of maintaining the peace and honor of the United Slates. Now, sir, I do not allege that this was the ground of their support, and si ill less that they had any assurance Irom the President upon the subject; but I do allege that I can conceive no other reason for their vote upon the resolution at all in keeping with their characters for high in- telligence, firmness of purpose, and patriotism, than that they thought they had an assurance that their mode of annexation would be pursued. Sir, how did it turn out ? The ink was hardly dry with which the resolution was recorded, and the name of the President attached to it, before, without going through the form even of a moment's subsequent deliberation, a messenger was despatched to the government of Texas, inviting her into the Union, under the first alternative — and under the first alternative, she came into the Union. Now, sir, I charge upon the President, that this hasty and ill- advised step was the remote cause of the present war. I charge it upon him, that if he had acted prudently, and cautiously, and wisely, he would have proceeded under the other alternative, and have saved the dreadful etTusion of blood the world has been com- pelled 10 witness. I charge it upon him that the course which he did pursue was inconsistent with that uniform policy of his predecessors to avoid, or to seek to avoid, by every possible and honorable means, that direst of almost all national evils — war. Sir, it is no defence that Congress authorized the step he did take. They to be sure authorized it, but did not command it. They left with him, unwisely, I think — certainly I would not have done it — the discretion to adopt it. But he knew — must have known — that some of the wisest ard purest of statesmen predicted that it would end in war; and that some of thi> wisest and purest of the statesmen belonging to his own political party, entertained that opinion. He knew that a majority of the Senate, his constitutional advisers, were firmlv of that opinion. He knew they had promptly rejected a treaty upon that very ground, and that alone; and yet in defiance of all this, ho headlong fakes the obnoxious slep, and|the war ensues. The responsibility is upon his head, and heavy, and overwhelming is that responsibility. Sir, annexation of itself would not have been war — Mexico had no right to make it a cause of war. Texas independence had been too long established and undisturbed, to have her absolute right of sovereignty called in question — acknowledged by the principal powers of the world, all had a right to .say, that revolution had ripened into title, and especially had the United States, the neigh- bor of the new government, that right. Nor do I believe, Mr. President, that Mexico, proud and arrogant as she then was, would have dared on account of the treaty of annexation to make war upon the United States. No, sir, it was the manner, not the fact. It was the rashness, and under the circumstances, in my opinion, the utter rashness of the President's course. I repeat, therefore, my settled conviction, that the President is on this ac- count answerable for the war. But, upon the second ground to which I have referred, his liability is even yet more manifest, and without a .shadow of justification or excuse. Sir, I need not say that I impute no improper motives to the President. He has no doubt, I hope acted under a mistaken sense of duty. But in my opinion, sir, the order to march our army to the Rio Grande was a flagrant violation of that duty — was ill advised, reckless and clearly agamst the spirit of the constitution. Sir, he could not but have known that such a measure was likely- to bring on hostilities. He could not but have known that such hostilities would be in the judgment of the nation, war. The war making power is exclusively vested in Congress, for wise, high and vital reasons of public policy. No man would be mad enougli to repose such a dreaded power in the executive. The security of freedom and peace demands, that those who are to pay the expen- ses ol war, should alone have the right to declare it. Congress was then in session, why were they not consulted ? Was it appre- hended that they would not bv such a step hazard the peace of the nation? Was it because it was believed that they would resort to every possible effort before tak'ng a step so likely to involve us ? Sir, I hope not, I am bound in respect to the President to believe not. But, sir, the fact remains. Is there a citizen in the United States of any intelligence who can doubt it, that Congress never would, in the then condition of things, have suffered, if they could have pre- vented itj much less ordered that march. I charge therefore upon the President that as far as the United States and himself are concerned, he is the author of the war. He and he only, and upon his hands rests the blood which has crimson- ed its many glorious battle fields. But this, sir, is a question be- tween the country and the President. Mexico had no right on that account to assail our flag. To her it made no difl'erence under what authority of this go- vernment our troops were on the Rio Grande. We had, I repeat, and hope I have shown, a right to send them there, and her at- tack upon them was, as regards him and ourselves, war actually begun by her. Sir, our flag has waved in proud glory over every field of con- flict. The nation's heart has beat high with pride and gratitude to the brave spirits who have carried it, for their matchless gallan- try and skill. Upon the nation's brow no blush need to be seen. They were not permitted to avoid the horrid strife. Their Presi- dent, without their knowledge, rashly involved the nation's honor. That honor was then illegally assailed. They had no choice but to vindicate it. Theirs is all the glory which has been achieved. The President hereafter, when in the retirement of private life, and reviewing the scenes of these bloody conflicts, however it mav be now, will take no joy in the remembrance of our triumphs. The voice of conscience will tell him that all the blood of the battle was of his shedding. The tale of its glory to him, will be lost amidst the agonizing cries of the widows and the orphans it has made. — Sir, I repeat it, I alledge no improper motive to the Executive, but as I believe that I am now addressing you, do I believe that upon the President rests the blood and expenses of the war, and upon him, therefore, I charge them. Without concluding, Mr. Johnson gave way to a motion to adjourn, and The Senate adjourned. 88 PETITIONS, RESOLUTIONS, ETC. [Tuesday, TUESDAY, JANUARY 11, 1848. REPORT FROM THE WAR PEPARTMENT. The VICE PRESIDENT laid before the Senate a Report of tlie Secretary of War, made aareeably to law, exhibiting the expendi- tures from the contingent funds of the Department, its Bureaus and Offices, during the fiscal year ending June 30, 1847. ALTERATION OF THE JUDICIAL SYSTEM. Agreeably to notice, Mr. ASHLEY asked, and obtained leave to bring in a bill to alter and amend the judicial system of the United States; which was read the first and second times, by imanimous consent, and referred to the Committee on the Judi- ciary. pray Mr. BRADBURY presented the memorial of John O. Means, compensation for services as Purser on board the United the Statcslirig Dolphin, in the year 1843; which was referred to Committee on Naval Affairs. Mr. MASON presented the memorial of Thomas Jefferson Ran- dolph, executor of Thomas Jefferson, deceased, formerly President of the United States, praying Congress to purchase the manu- script papers of said Thomas Jefferson; which was referred to the Committee on the Library. Mr. CASS presented the petition of I. C. Montague and others, citizens of Memphis, Tennessee, praying that bounty lands may be granted to the soldiers of the regular army who served in the bat- ties of Palo Alto, Resacade la Palma, and Monterey; which was referred to the Committee on Military Affaii-s. On motion by Mr. CASS, it was Ordered, That the petition of Shadrach Gillet and others, on the files of the Senate, be referred to the Committee on Private Land Claims. NOTICES OF BILLS, ETC. Mr. HUNTER, Mr. BREESE, and Mr. DIX, severally gave notice that on to-morrow they would ask leave of the Senate to introduce certain bills. Mr. DICKINSON stated, that the discussion on the Military Bill had extended farther than he had anticipated, and he thought it proper that he should notify the Senate that he would call up his resolutions to-morrow, during the morning hour; not for the purpose of having a general discussion upon them; but merely in order to submit some remarks which he had intended to make upon them at an earlier period. CONTRIBUTIONS IN MEXICO. Mr. XIAYTON submitted the following resolution for conside- ration. Resolved. That Uie President be requested to fainish to the Senate (if in his judp- ment not incompatible with the public servioe,) copies of the letter referred to in his Message, of General Scott, of 20th May, 1847, and of the letter of General Taylor of 26lh October, lH4ri, on the subject of "forced contributions in .Mexico," and of all other correspondence on that subject, (if any,) not heretofore commnnicated. Mr. DAYTON asked that the resolution be now considered. Mr. SEVIER objected, and it was laid over, under the rule. MR. TRIST's CORRESPONDENCE. Mr. BALDWIN submitted the following Resolution for consi- deration. Ffsotted, That the President of the United States ha requested to communicate for the information of the Senate, Itie corrcsjionilence between the Commissioner from the United States and the Commissioners appointed by the government of Mexico to nepoliate with him, during the suspension of hostilities, at'ter the b,-ittles of Conlreras ana Churubnsco; and any other information which may enable the Senate to under stand tJie tenns, progress and issue of that negotiaUon, so far as he may deem Ihesame not incompatible with the public interests. Objection being made to the consideration of the resolution at this time, it was laid over under the rule. ISAAC VARNE3, SR. On motion by Mr. BADGER, it was Ordered, That the Committee on Military Affairs be discharged from the further consideration of the memorial of Isaac Varnes, senior, and that it be referred to the Committee of Claims. CREED TAYLOR. Affreeably to notice, Mr. ASHLEY asked, and obtained leave to bring in a bill for the relief of Creed Taylor; which was read the first and second times, by unanimous consent, and referred to the Committee on the Post Office and Post Roads. GRANT OF LAND. Agreeably to notice, Mr. FELCH asked, and obtained leave to bring in a bill to apply certain alternate sections of the public domain toward the completion of the Clinton and Kalamazoo Ca- nal, in the State of Michigan; which was read the first and second times, by unanimous consent, and referred to the Committee on Public Lands. SDSAN E. GORDON. Mr. MASON, from the Committee of Claims, to whom had been referred the bill for the relief of Susan E. Gordon, reported it witli an amendment. Mr. MASON also submitted a report on the subject; which was ordered to be printed. The bill was read, and passed to the second reading. INCREASE OF THE MEDICAL STAFF. Mr. CASS, from the Committee on MilitaiT Affairs^ reported a bill for an increase of the medical stafl' of the army lor a limited time; which was read, and passed to the second reading. JONES AND BOKER. Mr. RUSK, from the Cormnittee on the Post Office and Post Roads, to whom had been referred the petition of Jones and Boker, submitted a report, accompanied by a bill for their relief. The bill was read, and passed to the second reading. Ordered, That the report be printed. INDIAN RESERVATIONS. Mr. SEVIER, from the Committee on Indian Affairs, to whom had been referred the bill authorizing persons to whoin reserva- tions of land have been made under Indian treaties to alienate the same in fee, reported the same without amendment. Doniphan's expedition. The Senate proceeded to consider the following resolutions sub- mitted by Mr. Benton, on the 3d instant : Resolved, That there be printed for the use of the Senate copies of the tour or memoir of Dr. Wislizenus, through the northern parts of Mexico, as physician lo Col. Doniphan's column; being a history of the expedition of Col. Doniphan, with scientific observations upon the face of the country, .-ilso, that there be engraved or lithographed for the use of the Senate, copies of the superficies map which accompanies the same. Also, the same number of the barometrical map of the pro- lile of elevations above the level of the sea from St. Louis in Missouri, on the line of inarch of said expediuon to Santa Fe, in New .Alexico, and thence by Chihuahua, the Bolson de Mapini, Parras, Saltillo, and Monterey to Reynosa. on the Rio Grande. Also, the same number of the geological map, and the same number of the table of meteorological observations, which accompany the same. Also, Be it resolved. That copies of the said memoir, with the accompany. ing maps, be printed for the use of Dr. Wislizenus. On motion by Mr. DIX, it was Ordered, That they be referred to the Committee on Printing. EDITORS OF THE UNION. The Senate proceeded to consider the following resolution, submitted by Mr. Mason on the 6th instant: Resolved, That the Editors of tlie Union, a newspaper printed at Washington, and who were late printers to the Senate, be hereafter entitled to the saine access to the floor of the Senate, which is now extended to others who were former like printers. The resolution having been read, and the question being upon its adoption — Mr. MANGUM said: I hope the question will be postponed until another day. The matter seems to attract no attention what- ever on the part of the Senate. Mr. WESTCOTT, (from his seat.)— The Senator mistakes the subject of the resolution. Mr. MANGUM.— What is the resolution, then? January 11.] THE WIDOW OF COL. McREA. 89 Mr. WESTCOTT.— It does not refer to the reporters of the Senate. It is to admit Ritchie 8c Heiss to the privilege of the floor of the Senate. I believe they are not now otficers or print- ers of the Senate. I would inquire of the Senator as to this fact. I think the resolution proposes to give the same privilege as for- mer printers to the Senate now have. I did not hear the reading distinctly, but I believe this is the purport . At the request of Mr. Cameron, the resolution was again read. Mr. CAMERON then moved that the resolution be amended by inserting the words "and publishers" after the word "editors." He believed that Mr. Heiss was known not as editor but as pub- lisher of the Union. Mr. HANNEGAN. — Before any question is taken on the reso- lution, I would suggest, that as the Senator who introduced it is not now in his place, it woiUd be as well that it be permitted to lie upon the table for the present. Mr. WESTCOTT.— I wish to say one word. I am not op- posed to this resolution. Regarding it as an act of clemency — a fardon by the Senate — a mere act of grace — I shall vote for it, and presume on that ground no Senator will oppose it, and if con- sidered now it will be adopteij. Mr. SEVIER. — The resolution is very clear and explicit in its terms, being intended merely to extend to those gentlemen the same courtesy as others in a like situation are entitled to claim. The question being taken on the amendment, it was agreed to; and the question then being on the adoption of the resolution as amended — Mr. BERRIEN said: I suppose that the purpose of the mover of this resolution might be accomplished by rescinding the resolu- tion of last session. I am not aware, myself, what arc the privi- leges which are referred to; but I am perfectly content that the pm-pose of the resolution shall be accomplished. I think that the sense of the Senate, regarding the occurrence which induced the resolutiori of the last session, was expressed by the passage of that resolution. That purpose being accomplished, I am perfectly willing to see the object of this resolution attained. But I think, though I will not urge it, I think it would be more pertinently ao- complished by rescinduig the resolution of last sessioH. Mr. MASON, having returned to his seat, said: When I intro- duced the resolution, I had hoped that it would be met by those who voted for the resolution ol last session, in the spirit in which it has been met by the distinguished Senator from Georgia. I am gratified with it. The resolution is drawn with an earnest desire not to provoke discussion, and although I should acquiesce cheer- fully in a proposition to rescind the former resolution, yet I had thought, and still thmk, and I am still farther strengthened in this opinion by conversations which I have had with gentlemen around me. that the resolution will be more acceptable in the form in which it now stands. Mr. DAYTON. — If the question be put upon the resolution ns it now stands, my impression is, that it will be adopted. The question was then put on agreeing to the resolution as amended, and it was decided in the affirmative. WIDOW OF COL. MC RE.\. The bill for the relief of Mary McRea, widow of Lieut. Col. William MeRea, late of the United States army, deceased, was read the second time, and considered as in Committee of the Whole. Mr. TURNEY called for the reading of the report in this ease, and it was read by the Secretary. Mr. CASS sent to the Secretary's table a letter from Mrs. Mc- Rea, which was read. Mr. PEARCE said : When this bill was before the Senate at a former session, I felt it my duty to oppose it, and I shall be com- pelled to do so now. I think the report contains a very erroneous statement. I find it stated, that if an officer of the na\-y dies in the service his widow will be entitled to a pension, and that as both military and naval pensions are now paid out of the Treasury, there is no good reason lor discriminating between widows of offi- cers of the army, and those of officers of the navy. Well, all this is a mistake. The widow of a naval officer, as I understand it, if the officer be killed in battle, or die from exposure in the service, receives a pension; but not where the officer spends a life in the service, receiving its honors and emoluments, and dies from old age. It is true that when the naval pension fund, created from the earnings of the navy, had accumulated to a large amount. Congress very improvidently passed a law, by which all widows of naval officers were entitled to pensions from the time of the death of their husbands, without reference to the cause or the manner of their death, and so great were the arrearages which were granted to widows under these circumstances, that one of them, I know, received the amount of about twenty thousand dol- lars. By means of these heavy arrearages being granted the fund 30th Cong.— IsT Session — No. 12. became exhausted; and Congress then repealed the act, and now there is no general provision on the subject. This bill is the intro- duction of a new prmciplA', and one which I think entirelv indefen- sible. Why do we give pensions to the widows of officers of the army or navv'? I think it is to repair to them in some degree the injury sustained by theni in the loss of their husbands, which has been brought on by exposure in the service. It is partly for thi.i object, and partly to stimulate officers in the performance of their duty, — Mr. DIX. — Will the Senator allow this subject to pass by infor- mally, as the honorable Senator, who was Chairman of the Com- mittee on Military Affairs last year, and who made this report, i-; not now in his place. Mr. Peap.ce acquiesced, and a motion being made to that ef- fect the bill was laid upon the table. THE TEN REGIMENT BILL. The Senate resumed the consideration, on its third reading, of the bill to raise, for a limited time, an additional military force. Mr. JOHNSON. — I have said all that I proposed to say upon the part of the subject to which I called the attention of the Senate yesterday. It is possible, however, that in what I am about to offer to the consideration of the Senate, I shall incidentally refer lo it again. I rise this morning, sir, to speak in the first place, of the actual conduct of this war under the management of the President of the United States. The war was recognized as existing on the 13th of May, 1846. We are now in the month of January, 1848, and to all appearance, the restoration of peace is as far off, and even farther, than it seemed to be on the 13th of May, 1S46. The whole power of the nation, so far as he has deemed it advisable to ask to have that power devolved upon him, has been placed in the hands of the Executive. Not an occasion— although there have been so many and such glorious ones — has presented itself in which the Amcri- ca:n arras nave not been triumphant. And yet there is no peace. My opinion is, and has been throughout, that the rea.son is to be referred exclusively to the want of vigor with which the war has been prosecuted. We have had an ostentatious and asserted vi- gor, hut we have bad nothuig else as far as the President is con- cerned. 1 am very far from imputing — because I am incapable of making a charge which I do not believe to be true — 1 am very far from im- puting, that this want of actual vigor has been intentional on the part of the Executive. So far from it, I believe that he has been deluding himself from time to time, with the idea that peace was to be obtained without the effusion of blood — a sad delusion — one which must hereafter constitute a great and overwhelming account of responsibility against himself, I said yesterday, that it was the march of our troops from the Nueces to the Rio Grande, that was, in my opinion, the immediate cause of the war. I say to-day what I have had occasion to say in other places, over and over again — that I believe that that march of itself, if it had been made with a proper force, would not actu- ally have led to such a result. I have no doubt that if, instead of sending the small but gallant band — the heroes of Palo Alto and Resaca dela Palma — to the Rio Grande, he had sent from 5,000 to 8,000 men, not a drop of blood would have been shed, and no Mexican ever have ventured to have trodden the soil on this side of the river in hostile attitude. But sir, the war commenced, was recognized, and 50,000 troops, with an unlimited amount of treasure, were freely placed at the disposal of the Executive, together with an implied promise such as to give the President the assurance (if such were needed,) that this unlimited amount could, if the expression may be excused, be made still more unlimited. And yet what has he done? Instead of calUng out twenty or thirty or forty or fifty thousand men, as he was authorized to do by the act of the 13th of May, 1846, he and the officers at the head of the War Department called them out by driblets — and announced to the country from time to time that they had a sufficiency of force to conquer a peace. What has been the consequence? That which every man of intelligence who speaks as he thinks must ac- knowledge — that great and mighty and extraordinary as have been the triimiphs of tiie American arms, they have hardly furnished us anything but the glory attending them. They have, to be sure, illustrated the American character for valor and military skill; but they have served no other purpose. And why, Jlr. President? Because each struggle has been at such fearful odds, that the gal- lant officers in cormnand have been unable to follow it up or profit by the result. Sir, look at the history of the campaign on the Rio Grande. General Taylor, who, with a few thousand men, marched to Mon- terev, and succeeded, after a dread and fearful conflict, in carr}'ing that almost impregnably fortified town — was so far crippled that he was unable to hola even the prisoners that he might take. What happened afterwards? The plan of the campaign is changed, some new light dawns upon the mind of the Executive, and Mexico is to be stricken in a different part. There is a point still more vital to be assailed — a point still more certain, it as- sailed, to lead to the restoration of peace, and of the vindication of our outraged rights. ,What is done? General Taylor is strip- ped of what was supposed to be the very flower of his command. The enemy approached. Eight or ten millions of the public pro- perty were exposed to be lost, unless preserved by the gallantry 90 THE TEN REGIMENT BILL. [Tuesday, and indomitable valor of the few soldiers left behind to guarJ "• Almost with electric speed it becomes known at the city ol Mex- ico, and an armv such as she had never before marched uito the field, was organized, amounting to some twenty or twenty-hvo thousand troops, and led on by' their greatest chief. Mr. President, much as his previous successes had satishea evcrv American that Taylor, and the olficers and men under Ins command, were competent to accomplish almost any triumph that human power could accomplish, was there one who did not then tremble for their fate? And the fact that they were not utterly annihilated, may be considered ahnost a military miracle, dis- parity of force was comparatively nothing before the energies oi American soldiers, and in the uni.als of former inilitarj- triurapn=, the proudest of them all will hereafter be regarded as nothing m comparison with the victories of Buena Vista. They are all thrown in the shade bv the brilliant light of an exploit, which, whilst it electrified the American heart, astounded the world. Let us look now, sir, to the campaign of last year. General Scot! was compelled to assail the city of Vera Cruz with between 12 000 aid 11,000 troops, and to carry at all hazards a castle supposed to bo impregnable. He succeeded in accomplishing it but ho hasdonc little or nothins beyond that. Every battle which was fought between Vera Cruz^and the city of Mexico was louqht wita a tlisparity of numbers actually appalling. That noble leader was forced to march a distance of 150 or 200 miles, (I forget the exact distance.) into the enemy's country, and lor a great portion of the way through a dense population, to assail a city containing ISO 000 or 200,000 inhabitants, surrounded by lortilications, which were supposed to be impro^mable, and without even the means of keepin" up his commnnicaiion with the seaboard lor the purpose of ecttTnT supplies. These supplies found their way to him Irom time to tune by the gallantrv of the escort, who were obliged to fight foot by foot almost evciv mile of their progress. And at the end of all his great and cxtiaiirdinary triumphs, Scott finds him- self in the city of Mexico wi'h only some (j,000 soldiers. Now. sir. who docs not believe thai, if he had started with an array of 30^000 men, although he mi'.'ht then have been deprived of the ■ glorv of his many v.'clories. we might have been in possession of the city of Mexico perhaps willyout tlie shedding of a drop of blood — American or Mexican '. Wha can doubt that it is the duty of an E.xecutive managing .t war declared to exist by a Cliristian people, to do what the honorable Senator from Mississippi, (Mr. Davis.) said it would be the cllcct ol this bill to accomplish — iioi. to insure a triumph on the battle lield, b;.t to avoid a battle by accomplish- in" success by forcn of nuiiibers — to break down the moral power of the enemy — to con<)uer a peace by demonstrating to that enemy that resistance is in vain. All at once (I find no fault with it; on the eontraiy, I rejoice at it,) the eyes of the Executive have been opened. AH at once it seems to be perceiv- ed by him, that the war iieretjfore has not been rigorously prose- cuted except on paper. Well, whose fault is it. Mr. President? Who would have borne ihc dicad responsibility, if our gallant lit- tle army on the Rio Uiaiide had been sacrificed? Who would have had the cijually Ireracndous responsibility, if those gallant spirits now in the luilis of the Montezumas had been sacrificed. The nations of the woi Id would have said, with one accord, the ■ Executive of the United States. Upon him the responsibility for the useless and cruel expenditures of blond and of treasure would have rested. Sir, I make bold to .say, in speaking in the presence of those who know infinitely more upon such subjects than I do, that if the President had called out the 50,000 volunteers after hearing of the battles of Palo Alto and Resaca de la Palma, there never would have been another blow struck in Mexico ; and peace long since restored. The Mexicans, to be sure, have a high and indomitable spirit, (I speak particularly of that portion of them who have in their veins the true Castiliau blood ;) but they know there may be a point at which resistance ceases to be a virtue, and they would have seen that that was their condition when thev saw a determination on the part of the United States to exert their whole power in the accomplishment of the purpose for which war had been declared. Who can doubt, that if the Executive of the United States had announced that the purpose of the war was merely to procure in- demnity for wrongs, and to vindicate outraged character, and to maintain the honor of our flag ; and had placed fifty thousand troops in Mexico, as he might have done, it would have led to a cessation of hostiliiies ? Sir, I think we have no peace, because the President of the United States has not exerted the power which Congress placed in his hands, and which was in- tended to be exerted. I think, and! therrforo charge upon him that the American blood which has been so freely poured out has been thus freely poured out because of his error' I think, and' I therefore cliaryo upon him, that the uiillioiis of money whic'h have been spent , and have yet to be spent , Imvf been and are to be spent because ol his error. This is all that 1 propose to sav, Mr. Pre- sident, on the manner in which this war has been eondiic'ted And this leads mo to consider very briclly what should be in niv judgment, Ihc mode of its furlher jiroseculion. There arc only three modes to be resoricd to. The first is, to withdraw the troops altogether — if not to the Nucees, to this side of the Rio Grande The second, to withdraw them lo what is termed a defensive line ■ and, the third, lo cany on the war in the heart of the Mexican tcr- vitory until Mexico agree to terms of peace. I prefer the last Mr. President, in saying that I prelor the last, I do not wish to bo misunderstood. I prefer the Inst if the end to be obtained is not one which, in iny judgment, would tarnish the American name I prefer the last, il' the object to be accomplished is merely the vin- dication of our violated honor, and indemnity for our heretofore vi- olated rights. But if the purpose of this war with the President of the United States, is to annihilate the nationality of Mexico — if it is the forcible dismemberment of her territory, then I say on my responsibility as a Senator and a man, I would not give him a dollar. Sir, we live at a time when character is of immense value with nations, as we know it to be with individuals ; and if there be any one thing which more than another stains national character, it is using national power to inflict national injustice. And if there be any national crime, more crying and enormous m the opinion of all Christendom, than any other, it is the forcible dismemberment of the territory of a weaker nation. When I sav, Mr. President, that I am for fighting the war out — I mean that I am for fighting it out in order to "accomplish the purpose which we seek to have accomplished," that is to have Ame- rican rights recognised, and American honor vindicated, and so re- cocniscd, and so vindicated as to furnish ftUI and complete securi- ty against any .subsequent violation. The two first points to which I have referred, the proposition for withdrawing the troops, and that for taking a defensive line, I have already said, I cannot concur in. To withdraw the troops altogether in my judgment would be national dishonor, and I can- not therefore entertain the idea for a moment. To take a defen- sive line would not in my judgment lead to peace, but would on the contrary be perpetual war, and so far as expense is to be mentioned in any comparison with the other calamities of war, it would be attended with infinitely greater expense than that of fighting it out. Now sir, the objection to carrying the war on, is the expenditure of money with which it will be necessarily attend- ed, and the consequent derangement of the whole financial condi- tion of the country. My impression is, from some examination which I have given the subject and with an anxious desu-e to arrive at a satisfactory result — that the war may be carried on in Mexi- co, without the' expenditure of a single American dollar; and of course without aflecting the pecuniary condition of the American people, or the pecuniary condition of the government itself. The resources of the Mexican government, Mr. President, even under all the disadvantageous circumstances under which that govern- ment has existed, are infinitely greater it seems to me, than is gene- rally supposed. The fact is that until a comparatively recent period, indeed untU a short tune before the commencement of the war with ourselves, the expenditures of their government have been about §21,000,000 annually. And it has been appropriated to these purposes. They have had an array of 30,000 men, always on pay, costing the government about §10,000,000. They have had a civil list bill of about $6,000,000. and interest to be paid on the public debt to the amount of SjJOOO.OOO, making $21,000,000. Their army has been punctually paid, their civil list punctually met, and the interest on the public delit, until, as 1 have said, a compara- tively recent period, has I cen met with equal punctuality. From what resources, sir? The froducts of their mines, when they are in full operation; and lor a sories of years, when in such full ope- ration, they have proiluccd$2."),000,000 per year. They charge what is termed a transit dutv on all the bullion that is drawn from the mines until it reaches the port of exportation. This transit duty is paid in the form of a iioiiuit, granted on the part of the govern- ment, to convey the bullion from town to town, the permit being renewed at each t;M'minus luitil it reaches the place of exporta- tion; and when il gets 'here, it is subject to an export duty of one per cent The average amount of these transport duties, until the buUion reaches the place of exportation, is ahout two and a half or three per cent. The gross amount of bullion drawn from the mines, as I have said, is about $25,000,000. The Senate will easily perceive then, the amount derived from tliis source, with an average of two and a half or three per cent, as transit duty, and with a specific expert duty of one per cent, upon the value of every pound of bui'iuu exported. The next source of revenue and the amount that it raises, it is almost impossible to calculate, or rather to speak more correctly, the amount it would raise if poace was restored to Mexico, il' that coimtry was restored to qniel. and business operations were permitted to go on in their (i..\':iary course. This source is the stamp tax. They charge what is termed a stamp tax on every description of contract trans- ferring every description of property, of, or exceeding the value of $.500. That is to say, every contract between man and man relative to property worth $500, is to be written upon siMinp paper, for which the parties pay to the stamp officers six dollars. But according to their laws, contracts of this de- scription are left in the hands of a Notary and are recorded among the olficial transactions of the Notary, making it necessary for the parties to the contract, if they desire to have in their possession evidence of tlu^ contract, to obtain official copies, and the resiUt is that each one of the parties almost invariably takes a copy of the contract. The copy is also written on stamped paper, and for the copies there is paid six dollars each. There is another source, and that is a duty on the sale of everything that is sold. Nothing passes from hand to hand by way of sale that does not pay a specific duty, regulated by the amotmt of the value of the articles so passing. Now, I will not estimate the amount thus derived; it is sufficient for my purpose to state the fact as I understand the fact to be, that the amount of revenue received from these sources has been abundantly sufficient to enable the government of Mexico to meet punctually its dis- bursements to the amount of 21,000,000 dollars. This amount THE TEN REGIMENT BILL. January 11.] would support any army which we niight put into the fieW; and this we would have a perfect right to appropriate. Not to seize and confiscate individual property, which is abhorrent to every sense of justice, which would be an act of barbarism— a dishonor to the a^e m which wc live, and a stain upon oiu- national character; but to appropriate the public revenue of the country so as to enleeble the power of their government, to reduce the military 10 the same standard as private citizens, and prove, by the fact that wo aie thorouThly able to enforce it. tliat the restoration ol peace dcpeiuls on thefr submission. Now, I believe as confidently as I can any thinT of which we have any certain knowledge, that by pursuing a course of this description for the purpose of enlorcing a teniuna- tion of this war, we shall not only obtain money as miich as is ne- cessary for the support of our army, but that of the money so spent.no portion of it will come from the people of the United ' Now, I know the objection that may be raised as to the conse- quence that may result from taking possession of the whole coun- try. I think I can see almost as. clearly as does the honorable Senator from South Carolina, (Mr. C.vlhoun,) the result ot incor- porating the whole of Mexico into this Union ; and il I believed That the object was the incorporation ol the whole of Mexico mo the Union by the further prosecution of the war, much as I should han^ ray head in mortification and shame tor the honor ol my country, I would willingly submit to the withdraw-al ol t he troops, rather'than prosecute the war an hour longer. But 1 do not be- lieve that such is to be the result. I do not believe that the peo- ple of the United States w.>uld surter an Executive olheer to per- petrate such a wronir, if the Executive even had it in contempla- tion. I do not believe that they would ever themselves assist an Executive to accompli-sh such an object. I would have much less confidence in them than I have, if I thought it possible, that the mere lust of rapine, the mere lust of territory, would lead theni to dishonor the American name by blotting Irom existence a neigh- boring and feebler nation. I am for prosecuting the war, because I believe the consequence will be to bring Mexico the earlier to her senses, and to prompt her cheerfully to accept terms of peace. And this brings me to say a word or two on what should be, in my opinion, the terms ot *"Nowrs^i?ri speak for myself, though I have no doubt that I speak the sense of most of the friends around me. My honorable friend from South Carolina the other day, in the speech which he did us and the comitry the honor to deliver, said he believed he people of the United States were irrevocably determined on taking SiJemnity for the wrongs whicli we have sufi-ered from Mexico, „ territorv. I hope he i.^ mistaken. 1 believe he is mistaken. I believe "the people of the United States would be to-morrow con- tented by a treaty which would make the Rio Grande the boim- dary. I believe "they would be contented with such a treaty, lor the%urpose of terminating the war, rather than that Mexico should be compelled by the force of our arms to dismember hersell. Now, in expressing this hope, and in expressing the opinion that the war might be honorably terminated by taking the Rio Grande as the boundary. I wish it not to be supposed that I am opposed to the acquisition of additional territory. I am against the acqui- sition of territory by force. I am not opposed to the acquisition of territory of itself, but for one consideration vvneh weighs in my judgment, and which has had heretofore and still has a controlling Vration. Mr. President, I fear- 1 greatly lear, the conflict to which such an acquisition would lead. The honorable Senator from New Hampshire (Mr. H.^le) told the Senate the other day that the true origin of this war Lay in the settled purpose on the part of the South to perpetuate and extend slavery. I am not alluding to this now with any ilesign to try conclusions with the honorable Senator on the question of slavery. Sir, he will pardon me for tellin^ him that that is a subject which no Southern man on this floor, when he can avoid it, desires to discuss. He will permit me to tell him, (and I do it with all good feeling and wnth all the respect in which I hold him as a Senator of the United States) that it Las been owing to the exciting discussions on this subject in the North, that slavery now exists in many of the Southern States. He will permit me to tell him, that as lar as I know it has been his course, and that of those whose sentiments he speaks, on this subject, which has done more than anything else towards its perpetuation. ., c The "reatest practical advocates of slavery have been the Sena- tor himself and his particular constituents. Sir, I have my opin- ions upon this subject as deeply instilled, as can have the Senator from New Hampslme. They were almost born with me; tliey have been confirmed by the experience of every day my lite. They have been strengthened by the experience ol all I have seen around me. I do not' choose to express them on this floor unless the question is pressed home . But whilst I have fixed and unalter- able convictions as to the mere institution ot slavery itselt as a po- litical or civil institution, I have another conviction as deeply and irrevocably fixed, and that is a conviction, that the Southern States owe it to themselves, one and all of them, to stand on their own rights, to vindicate their own equality, and exclusively at their own time, and without the interference of others, to meddle in their ow-n way with this peculiar institution. Notw-ithstanding this, Mr. President, I cannot be blind to all the indications of the times. I cannot but sav that the opinions entertained in the North, lunvcver erroneous I niav think they are, are still honestly entertained. 1 cannot but say that the Senator, from New Hampshue would be false to the implied promise which he has given to the State which 91 sent him here, if he were not to make this condition; I cannot bnr, perceive that it is a popular feeling, which is sweeping like a whirlwind at the North; but there is an equally determined and steady feelinn- at the South. If these feelings be further excited, there can be'but one result; that is deadly conflict, or amicable se- paration. And when I look at either, Mr. President, my heart sickens at the reflection. Sons of a common ancestry, bound to- irether by common tics, glorying in a common renown, looking m Common to a still more glorious future, T cannot but tcel my heart sink within me, even at^'the possibility of such a result. And it is because I believe it w^ll follow if the state ol things to which I have alluded shall bo brought into existence, and not because I am opposed merely to the acquisition of territory, that I gave my cor- dial support to the resolution oHered upon that subject by the dis- tinguished Senator from Georgia at the last session. Sir, I am not to be driven into a ditferent course by being told that such a course leaves us a pecuniary loss. With me, ^H'-^'e- sident, loss of money is nothing to the loss ot character. With mo the boundless wealth of the world would be as nothiusr. compared with what I should esteem the incalculable loss attendinir the de- struction of our national character. But, sir, it is not true tliat a peace accomplished on the terms to which I have rclerred, would leave us without indemnity. Sir, wc have mdemnity in the history ol this war. It is to be found in the many glorious battle-fields winch it has presented to an astonished world. It is to be lound in the delight which electrified every American heart at the result ot eve- ry battle. It is to be found in'the seeiurity which it lurnishes agamsl the disturbers of our pea'ce hereafter. A few hundreds ol millions, even if it should ao to hundreds, that may be expended, wnll be lor- gotten even while spoken of— while the glory and renown which it has heaped upon the American character, will be remembered as long as time itself shall endure. I am not, therefore, to be told that peace on such terms would leave us losers, in the true, liiga and moral sense of the term. A word on another subject and I cease to trouble the Senate, t have already indicated, Mr. President, my preference ol a regular over a volunteer force. Now sir, that preterenee is lounded, (anu I have but a word or two in the way of reason to assign or it,) on the opinion which information in my possession has enabled mo to lorm, that the expense of a regular force is much loss, and their efficiency infinitely greater: above all, that the sacribce ol human lit'c IS less Mr Secretary Poinsett in his letter 21st March 1838, to the HonoraMe Mr. Speaker Polk, now President, speakmg ol the com- parative expense of the two description of forces,, says that "The difTerence of eipenso between the employment of tha description of Irooi*. (,neLm, voIun.ee,. aud'^.Uaia.) and regula.. '^^^'T '^^l^^^tVZ'^^lJ thewastiie auendwg Iheit ignorance ol every admLniilrative branch of the ^'V"'-. he enormou. ev[«nse of mard.mg them to and from dutant pomts, for short penod, o. lervi "e and the great increbe that will be made to the Pension List under the provi- sions of tlie act of the 19th Mareli, 1836." Now, sir, the Senate will find how inefficient this description of fofce is— I mean as compared with regular forces— by tiirnmg to Document 297, of the 2d Session 23th Congress. They vnlUhi're find that volunteer forces were cajlcd out m the years '32, '36, 37. and '38, to serve in the Florida War, in the Black-Hawk War, 111 the War against the Cherokees, and in the State ol New York at the time of'thc Border difficulties, to the number of 53,324. They will find I am satisfied, that aside from the additional expense at- tendin'T the employment of these forces, and lor the purpose now i„ viev?— the superior efficiency of the regulars— .hat the mortal- ity amon" volunteers and militia, compared with regulars, is as ten to one. Sir, to what is this owhig? It is owing prmcipally to the fact that the officers are unable to subject them to the same state of discipline, and to prevent the exposure which leads to disease. r .1 From the statements to be lound among the papers trom the War Department, it appears that the number of men enlisted for the line of the resular army, (the old estabhshment,) for the first five months of 1847, and from January 1st to January 1st. was 4605 the number otferins to be enlisted during the same period and rejected, by the recruiting officers, because of physical infirmity, was 4847— more than twice the amount actually received. Now, I do not mean to underrats the volunteers. God forbid that I should ! but I make bold to say, that at least one-half of those who were rejected as unfit icir the regular service may be found in the ranks of the volunteers. The chances of mortality in that corps are of course very much increased. I have said, Mr. President, all I intend to say upon this point ; and I ask the attention of the Senate only a moment or two long- er while I add a word or two by way of conclusion. Sir. I have heard it said by some, that this war should be prosecuted because its tendency was to ameliorate the condition of Mexico. I have heard it said that we were constituted missionarios by Heaven, even by fire and by sword and by slauLfhter, to carry the light ol civiliza- tion into that benighted land. I have hei-.-d that it has been sta- ted even in the pulpit, that we have been selected by Divine Pro- vidence to purify a dark and false religion— to break down then- old ancient and denraded superstitions— to bring them into the blaze of the true faith, and to substitute for it the holier and pm-er lirrht of the Protestant rclision. I have heard it stated, Mr. Pre- sident, that the war is to be prosecuted in order to enlarge the "area of freedom." I hold to no such doctrme. iNo, su". Wc need not for the satp of enlarging the area of freedom lie- come propagandists. No physical force is on our part called lor 92 T^E TEN REGIMENT BILL. [Tuesday, 10 break the bands which bind other people in subjecll.i. There is a silent, but potent moral power progressing through the world, rapidly tending to that consummation. It has its oriL'in in the lesson which our example is teaching. Here is seen perl'ect per- sonal and political freedom, combined with unexampled national happiness, prosperity, and power. Here is seen that individual equality which nature stamps upon the heart as a right, protected and enjoyed amongst ourselves to an extent never before known. and shielded by a national arm that the nations of the world would in vain attempt to strike down. Yes, sir, our institutions are tell- ini5 their own story by the blessings they impart to us, and indoc- trinating the people everywhere with the j)rinciples of freedom upon which they are founded. Ancient prejudices are yielding to their mighty influence. Heretofore severed, and apparently |)er- manent systems of government are falling beneath it. Our glori- ous mother, free as she has ever comparatively been, is getting to bo freer. It has blotted out the corruptions of her political lian- chise. It has broken her religious intolleranoe. It has greatly elevated the individual character of her subjects. It has immeas- urably weakened the power of her nobles, and by weakening it in one sense has vastly strengthened the luuhority of her crown, by forcing it to rest for all its power and glory upon the hearts ot its people. To Ireland too— impulsive Ireland— the land ol genius, of eloquence, and of valor, it is rapidly carrying the blessings of a restored freedom and happiness. In France, all of political liberty which belongs to her, is to be traced to it, anil even now. it is to be seen cheering, animating, and guidins the ela.ssic land of Italy, making the very streets of Rome itself to ring with shouts of joy and gratitude for its presence. Sir, such a spirit needs no inactivity, and needs no incentive. It admits ol neither enlargement nor restraint. Upon its own elastic and never tiring wing, it is now soaring oyer the civilized world, everywhere bearing its magic and abiding charm. I say, then, try not, seek not to aid it. Bring no physi- cal force to succor it. ' Sucli an adjunct would serve only to cor- rnpt and paralyze its efforts. Lsave it to itself, and, sooner or later, man will be free. Sir, as to this war and its influence upon onrselves, there is much to rejoice at and be proud of. The strug- gle of '76 deraonstr.-ited the deeply seated love of freedom in our sires, and tiieir siern and indomitable purpose to enjoy it or die. The war of 18J2, demonstrated the capacity of our institutions to bear such ,a trial, and nobly was the test borne and the capacity illustrated. The present war has again demonstrated, not only that such mere capacity continues, but that no nation exists en- dowed with greater military power. Mr. President, the result cannot but redound to our future peace and happiness. It fur- nishes ample indeiniiity for all the wrongs and obloquy we have heretofore sufl'ered, and ample— ample security against their re- currence. Such a result has won for us national glory, and that is national power, stronger than thousands of fortresses, and as perpetual as, 1 ho]ie in God, \vi\\ be our nation's love of virtue and of freedom. Mr. CLAYTON. — Before I give my vote on this bill, sir, I de- sire, to know from the honorablo Chairman of the Committee on Military Affairs, whether either, of the commanders-in-chief of the Anieriean army, General Scott or General Taylor, has re- quested such an addition as he proposes to make to the American army; whether either of them has desired the Department to re- commend to Congress the raising of thirty regiments, these ten regiments of regulars, and the twenty regiments of volunteers. Mr. CASS.— Before answering the specific ((uestion proposed by the gentleman from Delaware, I desire to correct some erroneous opinions which have been advanced respecting the amount of the force which wo have now in the field, and the "number to which the proposed atigmcntalion would carry it. The Senator from South CaroUna, in his remarks the other day, carried the force we should have, if the proposed bill pass, to 70,000, and the Senator from Kentucky earned it still higher, to at least 90,000 men. These estimates arc far beyond the amount we shall have in the field as the followinff statement will show : ' 1. UKnul-vR rKdoi'.-;. On the .ICtli of Noycmb.'t last, aprceably to Ihe rptnm of llip General, we had in Ihfl field, iiuiimling offK'Ts aiidinen • ' . "- New companio and rpcrum at Jca, or on 1 heir way to Ihe seat of war. Aggrej^ate Regnlars. Si. VOLIINTEKR POUCES. In (he field, including odlcen and men, ■ - . . . _ ReCToiU on Iheir marpb, -■•-..','' In Culilbmia 1303, and recruits at Dca ^200, •-'.'..' .\pgTegalc Volunteer?, --•----,. .^Jgre(mle Regular and Volnnlcer forces, Which force was ljiu» distributed ; ITndor fieneral Hrott, , ' lender (jon. Wool, lempornrily chargeil willi the command of (ien Tnvlor I nder Ocn. Price in New Mexico, .»«yior, < >n Ihe Or»'pon route, - - . . t'ndcr Colonel .Mason in California. - I!1,8]S l.Gftl 21,509 21,12! 100 mi •13.531) 3'i,i,')(; t>,727 3,l,iT ■177 l,OI!l On tlie 3lHti of Noveraber la^t, the dale of tlie AdjnUnt tiencraJ's Re- port, which includes officers and men sick and disabled, and the garri- sons of Tampico and Vera (,Vuz, them were under General Scott's command in .Mexico — regulars, ---...-. 17,101 volunteers, ----.-.- 15,055 Total, ----.--. 32,156 To these are to be ailded one regiment of Volnnleei? from Michigan, and two battalions, one from Alabama, and one from .Mississippi, which, if full, woulil amount to 2,200 men. But, as remarked by the Adju- tant General, they cannot be full; and he estimates that they svill pro- bably do no more than keep the Volunteer establishment to its pre-e.v- isling number. And I am liappv to have this opiwrlunity to relieve the solicitude so man- if-stly li?it and avowed, the otner day, by the honorable i^eiiator tVoni lvenlut:ky, respecting the regmient of volunteers from Michigan, by assur- ing him, that I have received a letter from the colonel, written upon the route, and that he is ere tliis at Cincinnati or upon the Ohio, with si-\ comjianies of his regiment ; and, 1 trust, the others have already follow- ed him. The .-ViijutaiitGeneral, agreeably to a table in my hand, estimates the number of lighting men, or in military language, bayonets, including the garrisons at Tampico and Vera Cruz, and sicK and disabled, at - 38,862 O;' this number, the Adjutant General calculates that there are not more 111 for duty, than -.----..,. M,000 FORCE PROPOSED TO BE RAISED. Ten regiments of Infantry, the legal establishment of each being 1,000 men, lint this can never be kept full, and experience shows that there must be a deduction from it of about 25 per cent, making this force, say 7,500 A volunteer force of 12,.500 to supply vacancies in the e.xisting volunteer establishment, which, subject to the same deduction, would give, say - 9,500 Makmg a total of bayonets fit for the field, -.-... iToOO Or an actual total, including the garrKOns of Vera Craz and Tampico, and ' the casualties ot - - Total, The following statement wi ■13,53li , show the amount offeree we shall Imvo ijnder General Scott, in the event of the passage of this bill and of the volunteer bill : *' ">■» oui. How many of the above are twelve months volunteers the returns do not sirtjw. I heir terms must expire soon, and they cannot, therefore, be calculated upon in the pro-Pcution ot the campaign. Tlie provision for raising 20,0110 new volunteers is not included in the above, be- cause the measure is a mere precautionary one, which ordinary prudence suggests, and tile jorce IS not to be called out but in tlic event of some unfo'resecn occurrence which may render it necessary. It will thus be seen sir, that if these bills pass, the force they will enable the Government to add to the troops under Generai Scott will probably bring the number of fighting men to about 41,000, and that no reasonable calculation can be made on more than between 45.000 and 46,000. The error of the honorable gentleman from Kentucky consists m this, that he assumes as he did in his remarks on this'suhject a tew days since, the number of the legal establishment if it were Itdl, as the number which the Governiuent can keep in the field. Now .sir, all experience shows, that such a result is not practica- ble. Large deductions must be made, and, it appears from the Reports of the Adjutant General, that the actual force maintained is, as I have already stated, about twenty five per cent less than the full number allowed by law. Recruiting depots cannot be kept fil- led, even by the most strenuous exertions, and the perpetually re- curring casualties of w.tr, occasion a constant drain, which must be as constantly supplied. And a considerable deduction must be at all times made on account of sickness. I need not enter into any particular detail upon this subject. The considerations can- not escape the most casual observer. If therefore all the men raised under these two bills are sent to General Scott, they will give him the force I have alrea- dy indicated. It is obvious that the force under General Wool can under no circumstances be diminished, for it is barely suffi- cient to protect the country subjected to us upon the Rio Grande. To come now, .sir, to the question asked bv the Honorable Se- nator from Delaware, I have to say that the "Government has re- ceived from Gen. Scott an estimate of the force he deems neees- sary to carry into effect the plan of operations which is recommend- ed by the Secretary of War. I will read so much of his projef as relates to this subject. ■•Auement this army to .W.OllO men to enable them to occupy at the same time nearly all the State capitals and other pnncipal cities; to drive guerilla and other rob- bmg parties from the great highways of trade; to seize into our hands all the ordinary revenues ot the country internal as well as external, for the support of the occupation and to keep the central go\ eminent in constant motion and alarm, until constrained Irl sue for peace." Having thus answered the question of the Honorable Senator from Delaware, I yield him the floor. Mr. JOHNSON, of Md.— What is the date of that letter ! Mr, CASS. — I do not believe that I have got the date. But the letter says that if the operations should be continued till Oc- tober the augmentation of the forces would be necessai-y. I pre- sume, therefore, that the letter was wTitten in September. Mr. WEBSTER.— Is the letter to bo found amongst the docu- ments which have been published ? Mr. CASS. — No. The government ditl not deem it prudent to publish the letter, but it is now thought jiroper to make known the portion of it which has been read. Mr. WEBSTER. — I understand that the honorable Senator from Michigan endeavors to show that in the opinion of General Scott, on the communication of the project of the government to him^ I do not ask for particulars farther than they arc disclosed in the portion of the letter read— for the further' military operations of the army of the United States in Mexico, there will be needed an augmentation of that force to the amount of fifty thousand men. January 11. J THE TEN REGIMENT BILL. 93 Mr. CASS.— An augmenution making the force amount to filly thousand men. Mr. WEBSTER. — I understand — that the force be augmented till it amount to fifty thousand. Mr. CASS.— That is the amount at which he estimates the force necessary to carry on the military operations. Mr. WEBSTER.— In other words, that is the force which the projects of the government will render necessary. Mr. BADGER. — Will the honorable chairman of the Commit- tee on Military Affairs allow me to ask on what plan of a cam- paign — on what system of the future prosecution of the war, does General Scott say that fifty thousand men will be necessary ? Mr. CASS.— If the gentleman will pardon me, I do not believe it to be necessary to state any thing farther. I have read all that has a bearing on the question before the Senate. Mr. CRITTENDEN.— With the permission of the honorable Senator from DeUwaro, who is entitled to the floor, I would now take the opportunity of correcting a slight misapprehension under which I labored on a former occasion, when I stated the amount of military force now in the field in Mexico, by making the state- ment as I derive it from public documents, and in regard to which I am happy to find, that as far as it goes, I have the pleasure of agreeing very much with the honoraGle Senator from Michigan. There are now in Mexico, when the regiments from Michigan and the two battalions now on the way shall have reached the array, 45,700 men. In addition to that, the Executive is now invested with the power of enlisting upwards of seven thousand regulars, besides 12,500 volunteers to supply the place of those who have not engaged for the war— making' in all 65,000 men. If you add to that, upon a conjectural estimate — I suppose not far from the truth — five thousand seamen and marines also engaged in the war, you will then have a numerical force, naval and military, amount- ing to 70,000 men. If, again, you add to that, the proposed in- crease of the army by the whole amount of these two bills, 20,000 volunteers and 10,000 regulars, you will have an army of an hun- ilred thousand men; besides the numerous employees of one cha- racter or another. foUowinjr the army — making an aggregate of at least 110,000 men. At this moment, including the sailors and marines and followers of the army, you are paying and feeding not less than from 55,000 to 65,000 men. This is the statement, sir, on which, as I conceive, the Senate has to vote upon this bill. Mr. CASS. — If the honorable Senator from Kentucky will allow me, I must repeat the correction which I made the other day, and at the same time refer him to the statement presented but a few minutes since. I repeat, sir, that the provision for raising 20,000 new volnnteers does not bear upon the question before us. Not a man will be raised, nor a dollar exjicnded, unless a state of things should happen which cannot be reasonably anticipated. And in such an event prudence requires that the "Government should he enabled to act and to call out an arriere force, which is the object of that portion of the bill Why the honorable Senator includes 5000 seamen and marines in his estimate of the means for prose- cuting the war in the interior of Mexico, I cannot conjecture. Surely they will add nothing to the force to be employed by Gene- ral Scott in the subjugation of the Mexican government and people. I repeat, sir, the error of the honorable gentleman consists in his considering the legal establishment and the aggregate force as the same thing. I have shown the deduction it is necessary to make from the former, in order to exhibit the real amount of the latter. After this is done, the Senator will find that the force I have stated of from 41,000 to 46,000 men is the true one, which will be placed at the disposition of General Scott, and which is less by some thousands than the force he considers necessary to carry on the plan of operations recommended by the Secretary of War. The Executive, therefore, in calling upon Congress to pass the bills under consideration, has had the best authority — that of the com- manding general himself, for the amount of force recommended. Mr. CRITTENDEN. — I am well aware of the casualties to which the army in the field is subject, and especially when expos- ed to such a climate as that of Mexico, which renders it very diffi- cult to know what portion of the troops is efficient, and I only stated, that from the official returns, there appeared to be 45,000 men now in Mexico. Mr. CASS, (in his seat.) — Forty-three thousand. Mr. CRITTENDEN. — And the two regiments from Michigan. which the gentleman supposes I will be very happy to hear are on the way, besides the two battalions also on the way to join the army. Mr. CASS. — Will the Senator pardon me if I interrupt him one moment? These twenty-two hundred men will no more than suffice to fill up the volunteer forces. Mr. CRITTENDEN.— Still there wonld be left in round num- bers 45,000 men, together with the 3,000 seamen and marines, actually engaged in this war, making an aggregate force of 50,000 men in Meldco. Now what is to be deducted from this munber on account of the casualties of battle, and of climate, to which the gentleman referred? I cannot well make a calculation; but I am .startled at the estimate which the Senator presents, that one fourth of these are to be struck down! Why that cannot be; and, sir, the gentleman must recollect that under these inevitable casualties, which I admit — you have been all the time endeavoring to supply the ranks of enlistments throughout the country. Enlistments have been contini^lly going on. You can hardly take up a newspaper in which you do not find a notice of the sailing of some detach- ment of troops for Mexico. Not a week passes in which a vessel with soldiers does not sail from some port in the United States. That has been the case throughout the war. Now is it possible that this devouring war consumes men faster than you can ship them thither? Why, when I was journeying to this place' there were some hundreds of regulars going on from Newport on the Ohio river; and I see in the nevvspapers frequent notices of the transportation of troops to Mexico. We have been all the time diligently recruiting, and will not the deficit be supplied in that way? Another thing is to be borne in mind. Nearly the whole amount of those troops which have been thus despatched, have not encountered the casualties of the field. The casualties which bat- tie brought upon the forces occurred before the arrival of these re. inlbrcements. The twenty thousand men that have gone there lately have not been engaged in a single battle. They arrived in the healthy season. They were healthy and robust men that went. Is it indeed true, that twenty-five per cent, of all these fresh troops have fallen under the influence of the climate and disease? No — I trust not. We have not less than 35,000 men making every pos- sible deduction, besides those sick and temporarily disabled. Is not that a sufiieient force? Mexico, sir, will be conquered in six weeks, and wc shall all know it and admit it. Tlic question will then no longer be about defensive lines, and about diplomacy, and negotiation, and treaty, but about the conquered prize lying at our feet. Beyond all doubt, the question then will be, "what shall we do with this conquered prize?" Sir, San Luis Potosi and Zacatecas, I venture to say, will be taken, from every account, in less than six weeks from this day. Will Mexico then be conquered? She is now conquered as every body knows. — There is nothins left, then, but Queretaro — our conquests are be- coming so spacious that I can scarcely describe them by their pro- per names, and I dare say, I am not correct in the pronunciation now — and Qnerataro is spared only because there glimmers the last flickerini; light of a government which exists in the country. There is the phantom of a i.'oniiress and a government, and Querataro re- mains uncaptured, not from any want of power, but because you would there nurse that government into something with which you can make a treaty ! Why, I see that General Scott has been giv- ing passports to the legislators who constitute tins government to go safely to what they call their new seat of government ! This is the condition of things in Mexico. Surely, surely we may now safely assume that Mexico is conquered. Mr. CLAYTON. — I have not yet obtained from the honorable Chairman of the Committee on Military Aifairs, the precise infor- mation which I sought. I did not desire to excite a discussion on the question as to the amount of military force at present in Mex- ico, but I put the question, whether our military commanders in Mexico had recommended this measure on which we are called upon to vote. In reply to the inquiry, as I understand, the hono- rable Chairman of the Committee says that one of them — General Scott— did, some time during the last year, write a letter recom- mending, that in a certain event the military establishment in Mex- ico should be increased to 50,000 men. Will the honorable Sena- tor tell me the date of the letter ? Mr. CASS. — It was written after the arrival of its writsr in Mexico, but how long after, I do not know. Mr. CLAYTON.— After the capture of the city ? Mr. CASS. — Certainly ; he distinctly alludes to that event. Mr. CLAYTON. — It was written, then, after the capture of the city of Mexico. There is no intelligence, is I understand, from General Taylor that any additional forces were requisite. Am I right in the conjecture ? Mr. CASS.— What did the honorable Senator ask ? Mr. CLAYTON. — Did General Taylor on any occasion recom- mend such an addition to the military force ? Mr. CASS.— I understand the Senator as inquiring whether Gen- eral Taylor had made the same recommendation as General Scott. I have told all I know about the recommendation of General Scott, and do not know whether General Taylor made a similar recom- mendation. Mr. CLAYTON.— There is nothing, then, from General Tay- lor. He has made no recommendation to add to the troops in Mex- ico ; and as to General Scott, the honorable Chairman is able to inform me, that some time last year, as he thinks, "after the cap- ture of the city of Mexico," General Scott wrote to the depart- ment informing them, that if certain things intended to be done by the Administration were attempted, 50,000 men would be required to be added to the army. 94 THE TEN REGIMENT BILL. [Tuesday, Mr. CASS.— I beg your pardon, sir— raise the forces to 50.000 men ; not add that amount. Mr CLAYTON.— That's the very nnder.standine I had and was corrected in it. WeU, that increase of the army to .50,000 men, as I understand from the reading of the letter from General h'ott, was to be made in case the Administration should design to tnbju- gatc — to reduce all Mexico. • Mr. CASS.— Oh ! no. Mr. CLAYTON.— That is the amount of it, as I understand. If in error, I will be happy to be corrected. Mr. CASS.— The Senator is at liberty to put his own coiistriic- tion on the letter ; but the object was stated to be • to keep the central government in motion." I wdl road the passage again. Several Senators.-Wc shall be glad to hear it again. Mr. CASS then read the passage already given, and added: The substance of the letter has been given in a St. Loms paper which came here within the last few days. Mr CL \YTON —Well, that is what I call reducing or subju. ca"iing theoountrv. Others will put their „wn eonstructioi, on it. IhisTncrcasedfoi-cethon, is not recommended by General Scot, but, ho savs to the Department, "il you propose to take all the cap tals of the States of Mexico-if you intend not only to put down the guerillas and bandits, but to keep the central -overn- ment of Mexico constantly in motion, allowing it no hxed place in which it can treat with you-if you purpose also, to take posses- sion of the revenues of the country, then you will require such an addition to the armv now here as will raise it to 50.000 men."- General Scott, it will ha perceived, does not recommend that such an addition shall be made to the army; he only says to the War Department, that if they design to adopt a certain course ol pro- cedure, that it will be necessary to increase the army to that amount. Pray, sir, what do you call keeping the central govern- ment in motion— occupying the State capitals— and seizing the revenues of Mexico? I call it subjugation of the country and an- nihilaiion of the government of Mexico. Well, now, the Presi- dent of the United States disavows that in his message. He de- clares that he is opposed to the annihilation of Mexico as a repub- lic. Yet the proposition now is to augment the forces in Mc-dco, on the ground that such an increase is'neeessary in order to attain objccts"which are, as I consider, tantamount to the entire subjuga- tion of the country. , t i ■ i . It has been stated by my friend from Kentucky— and I think he has fully sustained it— that the force at present under the command of Scott and Taylor, or Wool, in the absence of Taylor, amounts to 45,000 men; and we are now called on to increase the army to 30,000 more in order to overrun all Mexico, in order to occupy the capitals of all the States of Mexico, and to seize upon the en- tire revenues of the country. In other words, as I understand it, to annihilate Mexico as a nation, and to destroy her government, does not require any tiling like the force which the honorable Chair- man of the Committee on Military Affairs now asks the Senate to vote. If you add thirty regiments— twenty regiments of volun- teers and ten regiments of regulars to the troops already in the field, voii will have a vastly greater force than the commanding general of the army considers necessary fur all the purposes spe- cified in the letter. It is well known to my brother Senators here, that during the last session and the previous one, I voted upon all occasions, when bills were presented to this body to increase the army of the United States, or to furnish supplies for the army, in favor of those bills. I took the ground that whether the admini.s- tralion of the country was right or wrong in the inception of this war, I should vote more troops and more supplies for our armies in order to sustain the honor and interests of the coun- try, so long as my vote mi"ht be needed to sustain that honor and those interests. Nor shall I, in the course which I am about to take with regard to this bill, in the least change my pur- pose in regard to this matter, as originally formed. If the same issues were now before me which were presented at the last ses- sion, I should vote precisely as 1 voted then. But totally different is the question now presented. On all former occasions the Presi- dent of the United States, and his friends on this floor, disavowed any intention of conquest, or acquisition of territory by conquest. They invariably declared that their object was not to obtain Mexi- can territory bv robbery or conquest. They fought, it was declared, for a fair and honorable peace, and for indemnity for the injuries which we had received at the liands of Mexico. But what now is the issue, presented to the American Senate, by the bill upon your table ? Allow me here to read from the Mcss.-ige of the President. so that there may be no ground for anv allegation uf misstatement or equivocation. Let us hear from the President himseU'. ihe obiects which he has in view, and the purposes for the aecoinplishme'nt of which ho desires these additional troops. The President says : "In llic menn (imp. a« Me.\icii n-fuscK all iriiU>innity, \vp hIiouUI a'roat experiment of .self government has been iairly tried, and ha-s^eitber succeeded or failed. If it has taught that alter all, man by reason of inherent defects of character, is incapable ol Its successful exercise except in populous communities matured by a'fe, and that he must remain in pupilage until that season has arrived, we should boast no more that Ihe mysterious prob- lem of hiuiian government has been solved, but read the Declara- tion of Independence backwards and cause the clause which pro- claims that gratifying truth, to be expunged or amended by a "proviso." We should acknowledge the theory of free govern- ment to be a fable— that the darkness of the human intellect has been found to predominate, and that the gloomy sophisms of the timid and the malignant speculations of the envious have prevailed. 1 have already shown that the whole structure of our system favored the idea of domestic government by the people of territo- ries, that il was their right, and the question is fully presented, whether, in view of their capacity for its judicious exercise, it is expedient to leave their internal policy under the constitution with themselves. Any system which denies this in theory or in prac- tice, or which seeks to withhold it from the primary settlements until they shall become populous and mature States, is founded in the same spirit of popular distrust by which the few have, from the earliest history of man, under the plea of necessity, been endea- voring to restrict the many in the exercise of freedom. It incul- cates\ system of slavery ten fold more abject than that it profess- es to discountenance. It is the same spirit which has murinurcd its distrust at the extension of our territorial boundaries, and trem- bled for the per]ietuity of the Union on the admission of a new Slate which looks upon free suffrage with consternation, and with holy horror upon the naturalization of tbreigner.s — which would it- sell enslave one race lest they should tolerate a system which holds in bondage another. It is thcoflspring of bigotry and intolerance, and should have fulfilled its missirm during the middle ages. AH experience has shown, ihat tens of thousands in the sparse .settle- ments are as competent to judge of their own condition, and arc as much ilcvoted to the support of law and order, as are the hun- dreds of thousands in populous towns and cities ; and that all Huestions concerning their domestic policy may he safely confided to them. When our country has been disgrai-ed by violence and disorder, and disregard of law, it ha:! been confined to the popu- lous towns and cities, and has not extended to the border settle- ments. Should the domestic legislation of terril(n-ics be left witli their local legislatures, it would tran.sfer from the halls of Con- gress the bootless sectional struggles which have created bitter- ness at home and served to degrade our institutians in the eyes of the world. Il would leave local communities, territories, as well as Slates, to consult their own interests, wishes, anil sense of pro- priety, and to erect or prohibit, continue or abolish, such institu- tions as may not be repugnant to the principles of the constitu- tion. Il would leave the federal government free to pursue its onward course unembarrassed by matters of scclicnial moment over which its control is (picstionable, and must be partial and tempn- rary. Il would relieve the bencvolenl statesman from I lie strife and irritation which now beset him, and allow his energies to bo devoted to the best interests of the nation, and the amelioration of the condition of man. It would harmonise with the genial spi. rit of the constitution and uphold its symmetrical frame work. Il would practically acknowledge mans capacity for scll'-govern- rasnt and vindicate the integrity of his race. The same spirit by which freeilom is nouriiihed, would be nourished by it, and society ha bound together by ties of amity and interest. Then would our territorial soil bo free — not by restrictions, pro- visions, and the threatening mandates of federal legislation, but tree and sacred to the cause oi' freedom — free for its people to lay tho foundations of its government on such principles, and organise its ])owcrs in such form as to them shall seem most likely to efleet their safety and hajipiness — freedom of opinion, of the press — of re- ligion — of education, of commercial intercour.se. Having \indica- tcd for the people of territories the same rights of self-government enjoyed by every other political community I forbear to speculate whether they will be less discreet in its exercise, than would those who desire to subject them to tho influences of an external govern- ment. Let them who fear to intrust a free people with thehr own do- mestic concerns lest they should prove too weak or wicked to con- duct them judiciously, resort to the mistaken and mischievous po- licy of restrictive legislation — a system founded in blind and selfish conceits, and as impotent in efTcct as it is narrow in design. Such territory as we acquire will be free, and thus I would leave its people, and its domestic government. Free as the people of New York or of Virginia to lay the foundation of their government on such principles, and organize its powers in such form as to them shall seem most likely to efleet their safety and happiness. If they shall fail to do this, tho experiment of self-govenment will fail with them. It is nought to me how various, crude or inconsistent are the speculations upon the principles which these resolutions contain, and what would be their cfl'ccl if established. They stand upon the immutable basis of self-government, and will idtimalely be vin- dicated and sustained by the American people in every section of the Union. But they will bo opposed upon grounds as various as the motives by which the opposition is induced. This is already evi- denced by sections of tho public press which I notice, not as news- paper paragrajihs merely, but for the interests theyrep resent. Al- ready the Charleston Mercury of South Carolina, a paper of con- ceded ability and extensive local uiliuenee, declares that their ef- fect would be to prohibit forever slavery in the acquired territory, and therefore as a guardian of the slave interest, calls for their re- jection; and papers in other sections which employ the slave ques- tion as a stalking horse to minister to the appetites of the morbid and alarm the fears of the timid, discover in them not only the ef- fect, but the design to propagate and extend slaveiy. But I leave the theories to be adjusted by those who are thus enabled to pene- trate the futm'e, and draw opposite results from the same premises; I leave the practical tests with those who shall be charged with the high responsibilities of their own government — under our glorious free system, under the constitution it has framed, and the Provi- dence which has watched over it. It would doubtless be well for these antagonisms who fear that all newly acquired territory maybe pre-occupied and monopolised, cither by free labor on the one hand, or by slave labor on the other, as the ease may be, luiless their favorite ideas are indulged, to remember that there are other dangers, either real or imaginary, to which it may be exposed if left to the free government of its gwn people. Our institutions invite the children of every clime to sit down under the wide-spreading branches of the tree of liberty, and we have no prohibitory, or even protective impost duties upon social manners, and customs, political opinions, or religious rites. It may be that the rugged Russian, allured by the gentle breezes of Mexico, may fall down from his hyjierboreon regions with his serfdom, and his military rule — or the Tm-k choose to regale him- self there with his pipes and mocha — his Georgian Houric's sens'ual delights, and Mahometan divinity. Or what is equally probable, as our Pacific possessions jiiace us in direct communication with Asia, that the plains of Mexico may be desecrated by the trund- ling of the car of Juggernaut, or the subjects of tho celestial Em- peror — the brother oT the sun and moon may hurry thither and ruin all agricultural interests by converting it into an extensive licldof hyson . But let those who entertain them dismiss all selfish and idle fears, regard others as wise, and as virtuous, and as capable of their own government as themselves, and all will be well. The spirit of freedom will enlarge her own boundaries and people — the area in obedience to laws stronger than the laws of Congress. The rich heritage we enjoy was won by the common blood and treasure of the north and south, the east and the west, and was defended and vindicated by the same, in the second war of inde- pendauce; and in the ]irescnt war with a reckless and semi-bar- barous foe the brave sons of every section of the Union have fought and fallen side by side — tho parelied sands of Mexico have drank together the best blood of New York, and South Carolina. These recollcclions should renew and strengthen the tics which unite the inembcrs ol tlii^ confederacy, and cause them to spurn all attempts at provoking sectional jealousies and irritations, calculated to dis- turb the harmony, and shake the stabilily of the Union. In the language of Mr. Jefl'erson, they who indulge ''this treason against human hope will signalise their epoch in future history lus the counterpart of the model of their predecessors." Mr. Yl'LKK. — 1 desire to propo.se a substitute for the resolu- lution of the honorable Senator from New York. I do not intend going into a discussion of the subject now, but merely beg leave to remark, that while 1 feel thankful to the honorable Senator for the spirit of liberality in which he has discussed the subject, I find so wide a variance between the seutimeuts entertained by the Se- January 12.] THE TEN REGIMENT BILL. 101 nator and myself, in respect to the relation which the territories of this Union, and the people inhabiting them, occupy towards the federal government, that I feel bound to vindicate my own opin- ions by the resolutions which I now offer. The Secketary then read the resolutions as follows: Rcsolveil, That tlic territory bolonsiliR to, or wliiili may be acquired by Ihc United States, is the conmion iirojierty of tlio Union, and the sovereignty over tlie same vests in the iieople of (he several Slates comimsing llie Union. , , . ., Rcso/red.furtlicr, That the federal eoverninent lias no delegated authority, nor the territorial communitv any inherent ri«h>. to exereise any legislative jjower within the said territories, by which the equal iij;ht of all the citizens ol the United hlales to ac- quire aud enjoy any part of the common projierty, may be impaired or emliiirrassed. Mr. YULEE moved that they be printed. Mr. HALE gave notice that he would move the following, as an amendment, at the proper time : Strike out all after the word " Resolved," and insert the following, viz : That it should be one of the fnndamental ndes and conditions on wliich all lerrilory hereafter to be acnnired bv purchase, conquest, or otherwise, that slavery and invol- untary servitude, except lor the punishment of crime, whereof the party shall be dniy convi;;tcd, shall be forever j.ioliibited in said territory. On motion by Mr. CASS, it was Ordered, That the resolutions be laid upon tlie table, and that the amendments proposed be printed. THE TEN KEGIMEFT HILL. The Senate resumed the consideration, on its third reading, of the bill to raise, for a limited time, an additional miUtary force. Mr. CASS rose and said: — I can now furnish the honorable Se- nator from Delaware, as I promised, with the date of the letter to which he alluded yesterday. It is dated the 18th of Septem- ber. Mr. CLAYTON.— The resolutions of the Senator from New York, (Mr. Dickinson.) and the various propositions for amend- ino- them which have liecn presented, by others, and which have been the subject of discussion tliis morning, furnish a very extra- ordinary commentary, I think, sir, on this war; the objects to be attained by it, and the course we are now about to pursue. It seems to bo taken for granted by gentlemen, that we are to ae- ouire a greo,t amount' of territory; but before wc obtain an acre, there is a violent contest wliat we shall do with it. Mr. President: — Yesterday, when the Senate adjourned, I had adverted to the sulijcct of the indemnity due by Mexico for the claims of our citizens. I had said, what I maintain now, and what I shall at all times hereafter maintain— that the just claims of ray countrymen against Mexico ought to be asserted and su))- ported in every suitable and proper manner. But I did not then state what I think it right to state now, in order to prevent any error in the public mind- that the amount of those elamis has been crreatly overrated. There has been an erroneous impression in regard to their amount, and I will state what I believe to be that amount, subject, of course, to be corrected, if in error, by gentle- men who may follow me in the debate. I understand that the whole amount of claims presented to the Commissioners was $6,291,605 dollars. Of this sum, $2,260,140 were allowed by the Commissioners on the part of Mexico, and ths Mexican government was providing to pay that amount without any controversy as to its justice at the time when the war broke out. It appears, then, that there was a sum of $928,628 claimed by the citizens of the United States, which was disallowed by the Mexican Commissioners. This was subject to controversy; and whether our claim for that amount was right or wrong, remains to be decided by the Commission appointed by both governments. Of the claims of our citizens, $3,330,837 had not been examined by the Commissioners. I make this slatement, as I have said, in •order to prevent an erroneous impression in regnrd to the amount ol these claims. lis seat). — Mr. Trist was authorised to Mr WEBSTER (in claim $3,000,000. Mr. CLAYTON.— It is true that Mr. Trist was authorised 1o nerrotiate, on the ground that the whole sum due to us in the ag- gregate was three millions. It will not bo contended, I presume, that we went to war for the recovery of this elaiin. I have not heard that the true object of the war was the recovery of this mo- ney. Other causes were alleged for the war in which we were involved, on the 13th of May, 1846. The great cause assigned by the President for the war at that time was, that American blood had been shed upon American soil. I do not propose to go into the discussion of the question at this time, whether that assertion was or was not true. There arc other matters which invite my consideration, and to which I think it important to call the atten- tion of the Senate. But I desire, sir, in the progress of this dis- cussion, to have it distinctly understood, as far as I am concerned, that I have been always ready and anxious to vindicate the honest claims of my countrymen upon Mexico, and that neither by the votes which I am about to give upon these bills, nor by any voto which I shall in future be called onto give in reference to this war, do I desire it to be understood that I am denying the justice of the fair claims of the citizens of this country upon Mexico for indem- nity. What I meant to say yesterday and mean to repeat to-day, is, that the amount of these claims was small compared to the va- lue of the enormous quantity of teiTitory, which the President de- clares shall be ceded by Mexico to us before there can be a just and honorable peace between the two countries. It has been said that the proposition was made by the American Commissioner to give them twenty millions of dollars for the territory required to be cc- ded. I know not from any odieial information, how the Presi- dent estimates the difference between the claims of our citizens and the value of tite land which he intends to demand of Mexico at the cannon's mouth. The honorable Chaii'man of the Committee on Military Affairs tells me to-day that he has ascertained the date of the letter from General Scott to our government, in wliich the suggestion is made, that in a certain event more troops will be necessary to be addetl to the army. That letter, he says, is dated so far back as the 18th of September, and I suppose the extract he has read from it is no- thing more than the suppressed part of the General's oflicial letter of that date, in which he recounts his victories. It is the part of that letter marked by the asterisks I suppose. It is clear, then, from the statement of the honorable Chau-man of the Committee on Military Affairs, that General Scott has never recommended to the administration of this country, or to any department of this government, the passage of these bills to raise thirty more regi- ments for the war. He has made no such proposition — upon his head none of the responsibility of these measures can rest. It must rest on the heads of those who have suggested it. Although the President has generally recommended in his message an increase of the army, he has not told us how many regulars, how many volun- teers, or how many troops of all kinds should be addecl to the army. Sir, General Scott has never desired such an increase of the forces in Mexico, nor can he now desire it. It could only em- barrass and distract him in his position at present, however useful such an addition might have been before he left Vera Cruz, and penetrated into the interior of Mexico. At this time these meas- ures would add 30,000 more mouths to be fed in Mexico. Sir, it is not consistent with the known character of this great captain to ask for more troops than can be usefully employed in tlie service of the country. Before he left this place for Mexico, in conver- sation with him, I observed to him, that when he arrived in Mexi- co he would meet a very formidable enemy, and that he might perchance be defeated in the uillicult mountain passes of that country; he smiled, and replied to my observation : "Sir, give mo a eohimn — a granite column of American regulars, consisting of 4,000 or 5,000 men, and I will whip any Mexican army that eau bo brought into the field, if it should rain Mexicans lor a week." That was the fixed deliberate opinion of that distinguished com- mander at that time. Well, sir, when he was fighting the battles of Contreras, Churubusco, Chepultepec, and Molina del Rev, it really seemed as if it did rain Mexicans for about a week. Biit he really vindicated the opinion he gave of the prowess of Ameri- can soldiers by the brilliant victories which he gained in those ever memorable and glorious battles. He entered the city of Mexico, as he tolls you, with an army of less than 6,000 men. Let us look a little into the history of this most extraordinary campaign, after General Scott departed with his gallant little army from Vera Cruz, and led it into the interior of the enemy's country. Let us see the comparative amount of the American and Mexican forces that were engaged in those battles which were fought previous to the entry of the American army into the city of Mexico. It will show us that there is no necessity whatever for such an increased force to be added to the army of the United States. The first great battle after the capture of Vera Cruz was that of Cerro Gordo. The commanding General, in his despatch to the Secretary of War, says: "Our whole force present, in action and in reserve, was 8,500; the enemy is esti- mated at 12,(H10, or more. About 3,000 prisoners, 4 or i>,000 stands of anns, and -13 pieces of artillery were taken. By the accompanying return, I regret to tind 'our loss more severe than at tirst supposed, amounting in the two days to ,33 otficers and 398 men — in all 431 , of whom 03 were killeil. The enemy' s loss is com puted to lie from 1,000 to 1,300." Of the next battle, sir, in which our army was engaged against the Mexicans, the General speaks in his despatch of the 18th Sep- tember, from which I read the following extract: "This army has been more disgusted than surprised that, by some sinister process on the part of certain individuals at home, its numbers have been, generally, almost trebled in our public papers — beginning at \Vashington. "Leaving, as we all feared, inadequate garrisons at Vera Cruz, Perote. and Peubia — with much larger hospitals; and being obliged, most reluctantly, from the same cause, (general paucity of nnmliers) to abandon Jalapa, we marched fAugnst 7-10] from Pucbla with ouly 10,7."J8 rank and tile. This nu mber includes the garrison of Jalapa, and the i!,4iJ0 men brought np by Brigadier General Pierce, August li. .\t Contreras, Churnbnsco, &:c-, [August 30.] we had lilt t'.407 men engaged — after deducting the garrison of Angustin. (our general depot,) the intermedi.-it-, sick and the dead; at the Molinos del Rev f??eptember 8] but three brigadt^. with some cavalry and artillerj — making in all 3.'2^] men — were in the battle; ifi the two days — September 12 and 13 — our whole operating force, after deducting, again, the recent killed, wounded, and sick, together with the garrison of Mixcoac (the then geoeral de- pot) and that of T.acubaya. was but 7,180; and, finally, after deducting the new gar- rison of" ChepuJtepec, witli the killed and wounded of the two days, we took posses- sion [September 141 of this great capital with less than 6,000 men! And 1 reassert, upon accumulate, .30,1)00 small anus, an immense quantity of shots, shells, iwwiler. &e. &c. "Of that eiiemv. once so formitlable in nnmbeis, appointments, artillery. Kc.. JO odd thousand have disbanded Uiem-elves in ih-spair. leaving, as is known, not more than ttiree fra^'ments^— the largest about 2.500— now wauderinfr in ditferent directions without magazines or a mililarv chest, and living at fnx- (luarters u|K>n their own peo- ple. < * * The government will liud ilself without resources; no army, no arsenals, no mafTizines, and but little revenue, internal or exterud. i?tUl such is the obsUnacy, or rather infatuation, of tliis people, that it U very doubtful whether the iieiv aotltotitScs will date to sue for |>eacc 00 the terras which, in tlie recent negotia lions, were known by our minister." This official report fully sustains the statement made liy the So- nator from Kenttiekv. who declared, that in his opinion, Mexico was now to be considered and treated as a conquered country.— Their army is utterly broken up and annihilated; their revenues are destroyed; the real government of Mexico is almost annihila- ted, and it is under these extraordinary circumstances I hat we are caUed upon, witli an admitted army of nearly 70,000 men, and witli 4.7,000 actually in Mexico, to vote 30,000 more troops to be .sent to that country by the President, fo>- the purpose of set-tinng what he calls "indemnity for the past," and "security lor the jutm-o. What that cant phrase means I do not exactly understand; but, 1 have been told by an in<;enious friend, that indemnity lor the past, means the half of Mexico, and security for the future, the other half. If this, sir, be the riu'ht interpretation ol these terms, then I unhesitatinn-ly say to my friends on the other side, that I am ut- terlv opposetFto addiniz indemnity for the past and security for the fiitit'rc I am callcil upon to vote these troops lor the purpose of securi/i" a cession of the country which the President has express- ly set forth in his message. Neither the commander-in-chief ol the army, nor Genera! Taylor, (whose great name must always be associated with whatever relates to this war,) appears to have been consulted. I do not believe that that gallant old "Mexican Whi"." Zachary Taylor, after having beaten Santa Anna with an army of less than one-fourth the number of that which was arrayed against him, has ever asked for more forces for the purpose of de- fending himself ajrainst the wretched bands of gueriUeros which in- fest the country where his forces are encamped. No sir, practical men have not recommended this addition. The recommendation comes from the Executive here. It comes from men who fought battles on paper at home, from men who never "set a squadron in the field, Nor the division of a battle know, - : t More than a spinster." > Mr. President, in the very outset of the inquiry to which our minds arc directed when we are called on to vote upon these bills, we are met by the tiuestion— which I beg leave, most respectfully, to suggest to gentlemen on the other sitle of the Chamber — whe- ther This government was formed for the purpose of acquiring, foreign territory by conquest or rapine; and, whether it be in the true constitutional competency of Congress to wage war for the purpose of acquiring territory by conquest. I deny it, sir. I hold this government to be a government of specific and delegated pow- ers, and I do not lind it enumerated anywhere, either by express words or necessary impheation, that any such power as that was ever ceded to this government. The Preamble to the Constitution expresses the purpo.ses for which this government was formed, "to form a more perfect union, establish justice, ensure domestic tran- quility, provide for the common defence, promote the general wel- fare, and secure the blessings of liberty to oiurselves and our pos- terity." They were not to en.sure the blessings of liberty to any other than the American people. The object was to establish justice, not to perpetrate injustice and robbery by indulging a love of plunder and a thirst for conquest or territorial aggrandizement. These were not the objects for wliich the fathers of the republic met and established the American Constitution. No sir.' no sir! They have specified the objects for which they made that Consli- tiilion. Among those which arc enumerated, I do not find any such power, and I cannot see how it can be pretended that this government was formed for the purpose of aciiuiring territory by conquest. The spirit of our Constitution is pacific, not warlike — defensive, not asgressivc. It is for the "estabhshmcnt of justice," not for aimrandizcment or plunder, Bui, sir, wo are rapidly .-ipproaching that state of things which will make the conquest and annexation of all Mexico inevitable; and these bills are a part of the process by which, if they become laws, we shall, in my bumble judgment, be driven to this resull. These bills )iropose a reduplication of this mighty mass of 30,000 men, composing our armv now in Mexico. The measure brings with it imminent peril to our own institu- tions. You may say to me now, as the honorable Chairman of the Committee on Military Atl'airs said when lie introduced this bill, that no such purpose as that of the annexation of all Mexico is contemplated by anybody. Although I thought he was right when he made that declaration, 1 have since been convinced that he was under a very great error. We have now before us a reso- lution od'crcd by an honorable Senator, deehirinL' that it may become necessary and proper, and ihat it is constitutional to an- nex the whole of Mexico to this country — either as a part of the States, or as a province. Why, sir, what have you seen lately in the public prints, from all parts of the country — from New Orleans lo New York? Sir, I have cut from a newspaper published in the city of New York a brief extract which I will read. A writer cominonting on the speech delivered by the Honorable Senator from South Carolina, makes these observations: "Our schoolmastere. our tin peddlare. our country lawyers, onr missionaries, our printers, our mechanics and our farmers, are already there. There the bulk will stay. Does Mr. Calhoun, or Mr. Polk, mean to give a bill of sale of these men, with their industrv, their intelligence, and their lives, to a weak, sickly, unedncatetl, dismember- ed, patched op .Mexican Oovemmcut? Such a one as will be left after the slice, which all admit must (at all events,) be taken off from it? We doubt their right thus to transfer or even abandon American citizens. No, tliey must be [irotected, and shel- tered, and governed." Yes, sir, these adventurers who have gone down with your army, constituting as they will with the increased forces which you pro- pose to send to Mexico, an armed emigration to take possession and colonise the country, with the bayonet, will claim hereafter that you are bound to "shelter and protect them." They will de- mantJ it on the ground that they are American citizens; they will say that you placed them there, that you encouraged them to go there and that you are now bound to protect them. A gentleman said to me the other day, and I confess I was not a little aston- ished at the statement; that there are not less than fifty thousand of these emigrants, in various parts of Mexico, not directly con- nected with our ariny. Sir, I ask the attention, and the serious attention of every gentleman on this floor to these facts; we arc about to send to Mexico an armed emigration, and when we get them there, how shall we get them away? Do you not see from the pubhc papers, already, that some of those who are in the city of Mexico, (I do not refer to the army,) are proposing a permanent occupation of the country? If a statement in the Government paper, published this day, in this place, be correct, it is proposed by those who are now in the Halls of the Montezu- mas, that a rail road shall be constructed to Vera Cruz, and a magnetic telegraph to Tampico. Now go on for a few years more in this way, and you may then legislate as much as you please; but )-ou can never legislate them all back. They will knock at the doors of your Union for admission, and you caimot keep them out. Is any one, I ask, in favor of such a state of things? If there be any who are in favor of it, I wish to hear them now; for one, I take my stand against it. I think there is wisdom in the proposition of the honorable Senator from South Carolina, that we should now erect a landmark for ourselves, by which we shall be governed hereafter. What will be the consequence of the annexation of twenty Mex ican States, or the great mass of them, to the American Union ? Of all men in the United States the most interested in making this inquiry solemnly, and exarauiing it patiently and carefully, are the gentlemen of the South. There are not less than eight mill- ions of human beings, men, women and children, of a r,tce totally different from ourselves — a colored population, having no feelings in common with us — no prejudices like ours — but on the contrary, with prejudices directly the antipodes of all of ours; and especially bigoted on this very subject of slavery. Do you suppose that if you annex lo the American Union these eight millions of people, backed by the millions of colored men in this country, they will remain idle spectators of the proceedings of this government, stimulated as they will be by abolitionists of the most fanatical east ? What, then, must become of that pecu- liar institution of ours, which has existed for so many years in this country ? You answer me that you will not suffer that insti- tution to be disturbed. The honorable Senator from Maryland said, you will not sttfler the right to hold colored men in slavery to be discussed. No, sir; but how will you prevent it when these men shall have been admitted into the American Union, and these Mexican States shall have become American States? You will be voted down. Your institutions will be voted down, and you may, and probably will rend the Union to atoms ! These arc the legitimate results of your annexation of all Mexico, and you may as well take the opportunity to meet thera at once. If you do not fear such a result, vote your armed emigration; but if you believe that it will lead to this, pause with me and arrest these proceedings now. My honorable friend from Maryland, in the progress of the dis- cussion alluded to the revenues of Mexico, and said that he ihougjit the American army, might be hereaflcr supported out of the Mex- ican revenues. I do not propose to discuss the financial questions connected with this bill at length though I do invoke the serious attention of the American Senate, as an honorable Senator has al- ready done, to the crisis which must be produced by adding twenty or thirty millions annually to our already enormous expenses, these expenses which we can now escape and are hound to incur. I sav bound, because I wish it to be understood that I mean to vote supplies, and I take it for granted that others are equally re- solved to vote them for our army in jNIexico as long as that army remains there. I intend as far as my vote will go, to vole the munitions of war, the clothing for the troops, and for every thing as far as may bo necessary to sustain the honor of the Amer- ican army in a foreign country. But there I stop; iind I say, with the forces which you havo there and the twonly tlionsantl men which you have a right now by law to recruit, your further progress ill arming the people for this war shall be arreted so tar as my vote will go to assist it. Should any real danger lo our army ever require more men, I would grant them, hut now it is evident that you have no o(;casion for any more troops for any legitimate purpose of the war. Looking to the financial question; the honorable Senator from Maryland, observed that ho thought wo should not encounter any difficulty in sustaining the army in Mexico, because he thought the revenues of Mexico would be sufficient for that purpose. Sir I January 12.] THE TEN REGIMENT BILL. 103 beg to take issue with him upon this point. The whole revenue of Mexico, as he said, was but twenty one million dollars, when in her best and palmiest state. It is now, as General Scott tells you, almost annihilated; he, who has the best means of know- in", gives you tliis information. But supjiose the revenue to be twenty one million of dollars, would that be sullicient to support an army of 70,000 men? Sir, if you look at the otlicial documents which have been sent to us by the Secretary of War, you will see that it will be entirely inadequate to defray half the enormous ex- penses t(i which we should be subjected. But what is meant by the honoi'able Senator from Maryland? Does he desire to take every dollar from Mexico, and prevent her from supporting any government? What policy would there be in that? VVe want to treat with the govermnent of Mexico, yet wo drive that govern- ment from time to time — keeping them as has been said, ''in per- petual motion." We drive them continually from jilaee to place, and yet we e.xpect to treat with a government thus in motion, and from which we have taken every dollar of its revemie. Is there wisdom in this? Is it not in fact an effectual obstruction to the obtaining any treaty? It must end in the utter annihilation of the sovereignty and independence of that nation. You will have a mass of population scattered over an immense region without a government, because you will not permit them to have one, and yet you expect to obtain a treaty of peace! You are to beat them, drive them, shoot them, and in every way punish them; and you say you are to do it for the purpose of procuring an honorable peace. Now, sir, I have nothing to do with the question of human- ity as involved in this matter, but I put it again to honorable Sen- ators on the other side, is this good policy? Is it expedient? Are you rescdved never to permit Mexico to have a government that can treat with you? If you send down thirty thousand more men, what these bills call for, it is in vain to say that there can be an independent government in Mexico. In reference to the suggestion, sir, which held out the idea that Mexico can be annexed to this country as a province, I wish to say but a very few words. I think that evei-y statesman who re- flects on the subject, will agi-ee with me that it is utterly impossi- ble for us long to hold that or any other country as a province. If you annex it to the American jRepublic in any fonn its final des- Imy is fixed and certain. Your own institutions, your sense of justice, your love of the great principle of human liberty, will compel you to admit them finally hito the Union. Hold it as a province like one of the despotic governments of Europe ! Hold a country which was once a republic, sir, as a province, enslaved, and enslaved by a sister republic ! It is vain, the idea is altoge- ther impracticable. It cannot be entertained by an American statesman for a moment. Depend upon it, sir, you cannot evade the great question. Now is the time to say whether you will ad- mit Mexico into the American Union or not. I do not propose, Mr. President, to review the ground which was so ably taken by the honorable Senator from Kentucky, who pri^ceded me in the debate in reference to the existing army in the field, the number of troops in Mexico and their sufficiency for all legitimate purposes m this war. I have here the report of the Adjutant General, and I presume that every honorable Senator has had the report upon his table. It appears by it (and I will barely read one or two extracts for the purpose of confirming what has been stated already) that the aggregate regular and volunteer for- ces in Mexico, independent of the Michigan regiment and the Al- abama and Mississippi troops which have not gone to Mexico, amount to forty-three thousand, five hundred and thirty-six men. The Michigan, Alabama, and Mississippi troops will raise the number above 4.5,000 men. There was great propriety, I think, in the suggestion of the Senator from Kentuck}-, to add to the num- ber (45,000 men) the five thousand sailors and marines now in Mexico, to ascertain the entire elfective force now in Mexico. There are then, sir, by a fair calculation, already 50,000 men in Mexico. According to the letter which was read by the Iwnor- able Chairman of the Committee on Military Aflairs, General Scott considered that force sufficient, not only for the Icgituuate purposes of the war, but also for holding all the Capitals of all the States of the Mexican Confederation, all its provinces, towns, and fortified places ; for the purpose also of seizing all the revenues of the nation , and of driving the Central Government from place to place, "keeping it in constant motion;" in other words, that the force was sufiicient, according to the judgment of the Command- ing General, to annihilate the sovereignty of Mexico. Why then do you want more? On what ground do you base the requisition for 30,000 additional troops, when you have already a force ade- quate , according to the Commanding General , for the subjugation of the whole country? If you send these 30,000 additional troops there, you will have 30,000 additional mouths to feed, greatly in- creasing the difficulties of the Commander-in-chief in the field, if not rendering them absolutely insuperable. You will thus raise the price of supplies by increasing the demand for them. At the same lime, your army being inactive, occupying the garrison towns and fortified places of Mexico, you incur all the hazard of mutiny and insubordination in that immense mass of men, a great por- tion of them being kept in the great Capital of that Republic, and the others, difi'uscd and scattered among the principal towns. Reflect, sir, on the ditticulties which must inevitably surround an army in such eirciuastances; the danger not merely from disease and the climate, but from that military insubordination into which they would be so likely to fall, when they have no enemy to en- counter in the field. As to the idea of fighting any more battles in Mexico, that I hold to be perfectly preposterous. Battles with whom? A single regiment, sir, of volunteers, would be sufficient, at this very moment, to defeat any Mexican forces that could, prob- ably, be brought into the field. Who is there in Mexico that has under him, or has the least expectation of having under him, any considerable Mexican force? No one. Santa Anna has «. few guerillas under him, assassins and cut-throats; but thev, like as- sassins and cut-throats in other parts of the world, are fleeing before our regular forces, and dare not face them, and never will dare face any army there. I conclude, then, Mr. President, that if a case could possibly be slated in which an American Congress would be justified in with- holding its consent to an Executive application for more troops, that case is now before us. There are some individuals who seem to think that no possible emergency can arise in which a patriotic statesman can withhold his vote for furnishing supplies of men or money during a state of war. With all such persons I beg most respectfully to differ; and I am quite willing, if gentlemen desire, to measure patriotism with them on this very question. We are pla- ced here as guardians, in some sense, of the lives of the American people, and from our age — as there are many gray heads to be seen m this chamber; it is expected of us that, as men in whom the "hey- day of the blood is gone, and waits upon the judgment," we shall re- strain the impulses which prompt men to rush to every battle- field when there is no occasion whatever for their services. Sir, is it indeed true that a man cannot vote against a bUl to send additional troops into the field, unless he be as some say, a Mexican Whig, or at heart an enemy to his country? No such assertion as that was made by my honorable friend from Mary- land, (Mr. Johnson); but just the reverse. He did justice to the motives of those who vote against the measure. But such language I have heard from the lips of others, and never without despising it and its authors. I shall vote, I trust, from a high sense of public duty, and I say that in this case I might with more propriety retort upon the friends of the Executive thaf he desires, by the passage of this bill, to get a large army of military office-holders to electioneer for his party in the next Presidential campaign. I might make such a charge against him, with much more propriety than the charge to whiclT I have alluded, can be directed against gentlemen not disposed to vote in favor of this bill. If this ten regiment bill passes, the President will have the appointment of five hundred and forty additional commissioned officers. The Ex- ecutive has already exercised more patronage than any of his pre- decessors in office. This war, calling into existence a mighty army of 70,000 men, has given him more patronage, independently of other considerations, than any President ever exercised before him. Well, if patronage be an object to the Executive, may he not well be satisfied? 1 will not lightly make an accusation against the Chief Magistrate of my country. I make no charge against him that it is his object to carry this bill through the halls of Con- gress, in order that he may obtain this patronage; but, I am one of those who are very fearful and jealous of Executive power and Executive patronage. I have lived long enough and seen enough here to satisfy me, that there is imminent danger to our insti- tutions from that, very source. I will not, where there is the slightest danger to be apprehended from it, lend my aid to in- crease that Executive patronage. Sir, the fathers of the repub- lic, when about to make the American Constitution had fears, and just such fears as I entertain on this great question. They had fears that the great temjitations to which the Executive would be exposed, to increase his power and patronage, flagrante hello, might lead him to defeat the settlement of controversies with foreign powers and to protract any war in which we might be engaged, so as to prevent a peace. Reasoning upon the sub- ject in the abstract, and without reference to any particular individual, the framers of the Constitution thought that such a dan- £jer existed; and James Madison was one of the very men who, apprehending danger from this source attempted in the Convention which made the Constitution, to guard against it by removing from the President even concurrent action with the Senate in the formation of treaties of peace, restricting that power to two-thirds of the Senate. Let me read from the proceedings of that convention, the pass- ages which bear on this point; as they are quite pertinent in the present connexion. You will find them under date of the — of September, 1787, page 524 of the "Madison Papers, " Mr. MADISON moved to authorise a concurrence of two-thiris of tlie Senate to make treaties of peace, without the concvrrence of the PTPsitlnU. The President, he said, would necessarily derive so much power and importance from a state of war, that he might he tempted, if authorisetl, to impede a treaty of peace. " Mr. BUTLER seconded tlie motion. " Mr. GORHAM thought the security unnccessar)-, as the means of earryin^ oil ihe tear would not be in the hands of the President, but of the Le^stature. '* Mr. BUTLER was strenuous for the motion as a necessary security against am hilions and corrupt Presidents. He mentioned the late [>ertidious jtoiicy of rlie Slaill holder in Holland, and the artitices of the Duke of Marlborough to prolong tlie war of whicJi he had the management." Sir. Mr. Madison's motion failed, and we have no resource against the evil he designed to prevent, but in the suggestion of Mr. Gor- ham . It is evident, then, that the fathers of the Constitution contem- plated the very step which we are now about to take; and unless in our hearts and judgments we can a'J^provc of the objects for which the war in Mexico is waged — unless we can agree with the President in his ultimatiun as announced in that portion of his message in which he declares that he will make no peace unless it 104 THE TEN REGIMENT BILL. [Wednesday, give him all tho Californias and New Mexico — unless wo concur in that ultimatum, wo are bound as honorable men, to refuse him any more men for the purposes he has avowed. In so refusin<; to ijrant him any more men for the prosecction of the war with such objects, I hold myself as actin!» in the very spirit of the Constitu- tion, and uocordiny; to the requisitions of the fathers who made it. Mr. President, the honorable Chairman of the Committee on Military Affairs, when he introduced this bill to the consideration of the Senate, submitted with it .some rematks to which I desire to invite your attention. That I may not misquote or mis- represent ihe honorable Senator, I will read from his speech as published by the Reporter of the Senate. "In presenting tliis bill I do not propose to touch any or the ili-jpuled topii's, whit-h (Hviile the two preat i(.-irtie>. under the banner of one or the other of which, every citi- zen of our country is arrayed. I shall leave tliese if inlroduced M all, to be intro- ilnced bv others. I had hoped, till I hcanl, the incidciiLlI dijcpssion which arose a day or two hince on tlie question of taking up thii bill, that these exciting subjects would be po^tnoned for >oiiie fuluif opportunity, and that the propo.-itions now sub- mitted would be considered upon their military merits, taking it lor granleil, that the propriety of voting the .additional force required would not ho controverted. I was well i.ware, that we could not escape a full tliMmssion of the origin of the war, lis progress, its ohjccU. and the whole course of the administration connected with it. Nor, inilwd, difl I wish to avoid it. However severe may he the attack. I trust it will be a.s eamfiNtly inol, and eas-ily repelled, for I consider the ground which the ad- ministration occupies lU perfectly impregnable." It sometimes happens, sir, in the affairs of this world, that a man by blowinir a trumpet may invite an opponent into tlie field when there is none there before he did it. The honorable Senator has uttered tliis note of defiance, and I suppose it was intended for gen- tlemen on this side of the Chamber. He has thrown the gauntlet at our feet, and dares us to take it up. He says that the entire ground of the administration is "impregnable," that an attack upon it can be "easily repelled," and will be, lie trusts, "as earn- estly mot." Now, sir, although one of the humblest of the mem- bers on this side of the Chamber, yet I will take up tho glove, and I desire to see how easily the champion of the administration will repel one or two attempts on my part to question the propriety of the course of the administration in carrying on this war. Many years ago there was a certain gentleman in oiu" State of Texas, then a province claimed by Mexico, by the name of Don Antonio Lopez de Santa Anna. He met some American troops — if I recolieet the history of times gone by — at a certain place called Goliad, antl induced them to surrender to him under the promise tliat they would bo fairly and lionorably treated as prisoners of war. He took out every man of them, the next day, and shot them, one by one, deliberately, in cold blood! He violated his sol- emn pledge before God and man; and bloody ruffian — murderous villain as he is — he slew one hundred and seventy-nine of my coun- trymen, after pledging his honor to give them quarter. On an- other occasion this same Don Antonio Lopez de Santa Anna mas- sacred some hundreds more of our countrymen at a place called the Alamo. These things are fresh in the recollection of every American patriot. There is not an honest American heart that did not burn with indignation against this ferocious ruffian on ac- count of these atrocious acts. Well, sir, when tliis war was de- clared in May, 1S46, the President ol the United States — the head of the administration, and of the executive government — gave this same Santa Anna, with all his titles, a iVee pass thiough the American fleet, into Mexico. Mr. JOHNSON, of Maryland, (in his seat.)— On the same day on which war was declared. Mr. CLAYTON. — On the verj' day as my honorable friend re- marks, on which the war was declared the President of the United States, issued his order to let pass the perjured assassin without let or hindrance into Mexico. This sir, is one ol these points in which I desire to see the chairman of the Committee on Military Affairs so easily repel the attack which he has invited. I am bound sir, to hold up the conduct of the President in this instance, not only to the Senate but to the American people, and I ask the champion of tho administration or any genllcman on the other side of the chamber to demonstrate to us tlio case with which ho can repel the charge of misconduct, cross misconduct on the part of the President of the United States, in admitting that murderous rnf- iian into Mexico. What, sir, have been the consequences of that act? Why let me in reply lake up a newspaper which is good au- thority with my honoralile friends on the other side. In the "Union" of this morning I find the following paragraph. Wc have received a file of the "North Amorh^an," printed in the city of Me.xieo from the :U of November to the 7th of December. We find the folbwin" in the ".Vmeiican" of the hut named date. It hnii already appeared in the New'Orleans papers: "Oncb more.— Senon Cnevas, Atristain, and Conto. the Mi'sican peace commis- lioncn. arc Mill in the citv, wo hear, but ofconrse can efl'ect nothing. It is now said that they will not go to Washinpton ».s long as Santa Anna is in the country. 'I'lie government dare not even pay their expenses ; nor would the commissioners' dare "o there and iiiaki^ a treaty ; for the Napoleon of the West may turn ii]i again some rlnv and then I*rcsident Anava and the commissioners would he shot, (di, wlial a de-' ploruble condition have this peoplu reduced themselves to!'* I ask, would not tho ejaculation have been more appropriate— "Oh! to what a deplorable condition has the President of the Uni- ted States reduced this people and this country!" Upon his head sir, and no other, must this sin rest; and if tho honorable gentle- man on the other side of the Chamber, have ingcnuitv enoufrli to extricate the President from this position, ho .sliall indeed, be in all time hereafter, ray Magnus Apollo! If lie cuu point out any mode of salvation for the President on this point, on which he is now attiicked, it will reflect infinite honor on his character as an advocate. This same Don Antonio Lopez de Santa Anna, who murdered our countryinen at Goliad and the Alamo, being admit- ted to pass free into Mexico, has waged war against our country on all occasions, since his admission. He has ralUed thousands and tens of thousands of Mexicans that no other man could have rallied against us. He fought us at Buena Vista — at Cerro Gordo — at Contreras — at Churubusoo — at Molino del Rey — at Chepulte- pec — and at tho city of Mexico. He fought till he was driven Irora the capital to the mountains, where he now remains with his guerillas, ready to murder the peace commissioners of his own country if they shoultl dare to treat with us. Such is the man whom the President of the United States introduced into that country, and this is the state of tilings to which the American jieople have been brought by the conduct of the Executive. I might here, sir, request the honorable Chairman to re]iel ano- ther charge made by the Senator from Maryland- Why was the gallant Taylor left without more than 5,400 troops — nearly all volunteers — to resist the atttick of this same Santa Anna with 20,000 Mexicans, at the bloody but glorious battle of Buena Vista? And why was the no less gallant Scott left so long without suffi- cient troops to move from Puebia upon the capital of Mexico? During all this time, the President had the power to call upon his unexhausted fund of 50,000 volunteers, and refused to send them succor. But I must not dwell on these things. They were suffi- ciently m-ged by the Senator from Maryland. The present times, sir, do not resemble the early days of the re. public. We hear much, especially from honorable gentlemen on the other side of tho Chamber, of Jefferson and his democracy. Yet these are not the days of Jeffersonian democracy. The measiures of the President of the United States are not like those of Thomas Jefferson, or the fathers o'' the Rcbublie. No, sir, let us recur to an incident in the history of the administration of Thomas Jeffer- son, at the period when great excitement prevailed with regard to the title to the mouth of the Mississippi, in the year 1803, when the whole west was in a flame, lest some foreign nation should oc- cupy the mouth of that mighty river, and impede the growing prosperity of the great valley of the Mississippi. At that moment, sir, when the minds of men all over the American Union, were pe- culiarly excited, an efl'ort was made in the Senate Chamber of the United States, on the 16th February, 1803, by Mr. Ross, from Pittsburgh, I think, to induce the American Congress and the American Executive, to seize and take possession of the mouth of the Mississippi, and the country which was necessary for our pros- perity; and to hold it without reference to negotiation or treaty. Allow me to read the resolutions of Mr. Ross. They will be found in the Senate Journal, for the year 1803, page 26(). Re^ofued, That the United States have an indisputable right to the free navigation of the river MLssissi|iid, and to :l convenient place of deposite for tlieir produce and merchandise in the island of New Orleans. That the late infraction of such, their unquestionable right, is an aggression hostile to their honor and interest. That it does not consist with the dignity or safety of this Union to hold a right so important by a tenure so uncertain. That it materially concerns such of the American citizens as dwell on the western waters, and Ls essential to the union, strength, and prosperity of these states, that Ihey obtain complete security for the tuil and peaceable cujovnient of such their absolute right. That the President be authorized to lake immedhite possession o*" such place or )daccs, in the said island, or the adjacent territories, as he may deem tit and conve- nient, for Ihe purposes aforesaid; and to adopt such other measures for obtaining that complete security as to him in his wisdom shall seem meet. That he be authorized to call into actual service any number of the militia of the states of South Carolina, (ieorgia, Ohio, Kentuckv. Tennessee, or of the Miss-sissippi territory, which he may think juoper, not e.xcecthug fifty thousand, and to employ them, togetjier with the military and naval forces of Uie Union, for effecting the ob- jects above mentioned. That the sum of live mdlions of dollars be appropriated to Uie carrying into effect the foregoing resolutions; and that the whole or any part of that sum be paid or ap- plied, on warrants drawn iu pursuance of such directions as tJie President may, from lime to time, think proper to give to the Secretary of the Treasury. And on page 274, you find these resolutions proposing that the President should take immediate possession, entirely clianged by the democratic Senators in Mr. Jefferson's confidence : Hcsolred, That the President of the tiniterl States be, and he is hereby, authori- zed, whenever he shall judge it expedient, to require of the executives of the several states to take effectual measures to organize, arm, and equip, according to law, and hold in readiness to inarch, .at a moment's warning, 80,0(10 effective militia, otiicers included. lifsotvi'd, That the President may, if he judges it expedient, authorize the execu- tives of the several stales to acce[Jt, as [rart of Ihe detachment aforesaid, any corps of volunteers, xvho shall continue in service for such time, not exceeding mouths, and jierlbrm such services as shall be jin'scrihed bv law. jifsoincd, That dollars be appropriated t'or paying and subsisting such part of the troops aforesaid, whose actu.al service may he w anted, and for defraying such other expenses as. during the recess of t'oniiress. the President may deem necessary for the security of the territory of the Unilen States. i^e.s«/r)C(/, That - — dollars he a[)propriated tor erecting, at such pl.ace or places on the western waters as the President may judge most proper, one or more arsenals. I have here the speech made by Mr. Ross, in support of his resolutions, jn'oposing to seize the mouth of tho Mississippi and the adjaeent territory, without negotiation; and tho speech, sir, is very much a counterpart of some that I have hoard of, during tho discussions that have taken plaoe since this war commenced. Mr. Ross urged that it was convenient and necessary to seize upon tlie territory. Cortainly ho had the right to say so. Ho insisted that we should not wait for negotiation; and of course ho urged that those who held tho territory had no titllo to it. But what was tho course adopted in those days of Jeffersonian democracy? Did Mr. Jefferson raise an army to march upon and seize the territory, January 12.] THE TEN REGIMENT BILL. 105 or to point our cannon into the windows of New Orleans, and thus provoke a conflict? Did any such spirit as that which seems to rase here with an unbridled fury, pervade the Democracy of that panv? No, sir ; no, sir. The love of Justice had not abandoned the American bosom ; the honor of the American character was still dear to American statesmen. Tiiomas Jeflerson, with his friends, dropped the proposition of Mr. Ross to seize on the coun- try on the Mississippi, sent an Envoy Extraordinary to join Mr. Livincsion in France; and they neijociated the celebrated treaty of 1S03, liy which Louisiana was ceded to this country, for the sum of fifteen millions of dollars. Negociation — treaty — these were the means resorted to by the Democracy of ancient days. Alas! sir; it, seems to me as if there were a spirit now pervading a portion of my friends, on the other side of the chamber, which disposes them to seize and hold territory, without netrotiation — without treaty — almost without regard to the consequences upon the character of the country. From all of this spirit I entirely dissent. But allow me to add, that I am not one of those who have denied, or mean hereafter to deny that in- demnity may be received by my country from Mexico in the way of the acquisition of territory. What I have maintained is, that I will not aijree to rob for it. Buy any territory that may be neces- sary for the ijood of flie country. ISuy the harbor of San Fran- cisco, and the adjacent territory for the use of our people. Buy it on fair and honorable terms, and I shall not object to it. But take nothinij by violence. If you intend to do that, I wash my bands of it, and have nothing to do with it. I refuse to acquiesce in any such procedure on the ground which I have already stated, that I hold the national character for justice, and honesty of far more value to my countrymen now, and in all ages to come, than all the lands, and all the money which could be acquired bv a war of rapine, and all the military glory that could be achieved in the wars of a century. Lose that which excites in your own bosom, a proper feeling of self-respect, and you are a lost man. Let your country lose its self-respect by the folly or wickekness of its rulers, and your country is degraded.to such a degree, that it will require the power of better men than we are, exerted for a century to come, to restore her to the position from which she has fallen. Mr. SEVIER.— Will the Senator have the goodness to tell me the date of Mr. Ross's resolutions? Mr. CLAYTON.— I shall send the book to the honorable Sena- tor, so that he may examine the resolutions. I have now consumed enough of the time of the Senate, and trespassed sufficiently on its patience. In concluding. I beg leave to tender to the honorable gentlemen here, my thanks for the kind and patient attention with which they have heard me, and to as- sure those on the opposite side of the house, as well as my friends here, that it is painful for me to differ from those for whose character as gentlemen and patriots I have high respect; and that although now impelled by a sense of duty to record my protest against their course, I shall always be ready to co-operate with 30th Cong. — 1st Session — No. 14. them in sustaining the true honor and the solid glory of our com mon country. The usual hour of adjournment having arrived, Mr. PEARCE signified his intention of addressing the Se- nate to-morrow, on the bill before them. Mr. BUTLER gave notice that he would to-morrow move to re-commit the bill for the ptu-pose of offering an amendment. Mr. JOHNSON, of Maryland, asked for a reading of the amendment. The Seckf,t.\ey read the amendment, which is as follows: Strike out :i!l .Tfter tlip eIl,^^tm;; olause and insert ; That tlie repiilar army siiail be increa.sed aij tbilows, to wit : To paoli foinpaiiy ofartiliijry, infantry, and regiments of riflemen, there shall be ad- •l*'*! privates, and to each company of the regiments aforesaid, as many subal- terns as will proviile two tir¥t lieutenants and two second lieutenants re-spectivclv : Pro- vided, That the said troops shall be required to serve during the war with Mexico, but may be sooner discharged by order of the President. Mr. BUTLER. — I may, perhaps, without impropriety, now indi- cate the object of this aniendment. I am very well satisfied, from all that I have heard here, that the President intends to carry on invasive operations in that part of Mexico, whether additional force be placed at his disposal or not. It becomes a question whe- ther we shall be bound to raise such a force as is provided by the bill under discussion, or whether a different, and in my opinion, a better mode may not be adopted. It sceins to me, that the ques- tion resolves itself into this simple proposition: The President has advertised both houses of Congress, that the only mode in which he proposes to bring this war to a conclusion, by a treaty of peace, is to reduce Mexico to such a slate of coercion that she will be obliged to accept of the terms thus arbitrarilv dictated. All other modes of settling the controversy with Mexico seem, by the re- commendation of the President, to be discarded, and that single proposition to be assumed. If then, we arc to carry on invasive operations in the heart of Mexico, I think we shoiild pause, at least at this stage of the proceedings, and say, whether we shall accede to that proposition of the Executive. For myself, I have consulted with no party on this subject, but I do feel that we have been from the commencement of the war, and are now, making materials for a most eventful history. I sub- init no other remarks at present, but give notice that to-morrow I propose to explain my views not only on that amendment, but perhtips, if I should be allowed, on some other topics involved in that discussion. On motion,' the Senate proceeded to the consideration of Execu- tive business, and after a short time had been so occupied, the doors were re-opened, when The Senate adjourned. 106 MR. TRIST'S CORRESPONDENCE. [Thursday, THURSDAY, JANUARY 13, 1848. ABMY CONTRACTS. The VICE-PRESIDENT laid before the Senate a report of the Secretary of War, made aL'rceal)!/ to law, showing the contraets made under the authority of the Department, during the year 1847. PETITIONS. Mr. ASHLEY presented a petition of citizens of Polk county, Arkansas, praying' the establishment of a mail route from Mount Ida to Ultiiua Tliule in that State; which was refen-ed to the Committee on the Post Office and Post Roads. Mr. DOUGLAS presented a petition of citizens of Ilhnois, prayinc; a crant of public land to the State of Illinois to aid in the construction of a rail road to connect the Upper and Lower Mis- sissippi with the Northern Lakes; which was referred to the Com- mittee on Public Lands. Mr. CLAYTON presented a memorial of Frederick Dawson. James Sehott and Elisha D. Whitney, praying the fulfilment of a contract entered into by them with the Government of Texas, previous to its annexation to the United States, for supplying that republic with a Naval Armament; which was referred to the Com- mittee of Claims and ordered to be printed. Mr. CAMERON presented the petition of George V. Mitchell, praying the reimbnrsemenl of a sum of money improperly collected from him by the United States on the settlement of his accounts as postmaster at Belleville, Pennsylvania; which was referred to the Committee on the Post Office and Post Roads. Mr. DAVIS, of Mississippi, presented the petition of Henry V. Keep, praying to be allowed pay and bounty land as a volunteer in the United States' service in the war with Mexico; which was referred to the Committee on Military AB'airs. On motion by Mr. NILES, it was Ordered, That the petition of Nathaniel Knykendall, on the files of the Senate, be referred to the Committee on tha Post Office and Post Roads. On motion by Mr. CLAYTON, it was Ordered, That the memorial of Thomas F. Gordon, on the files of the Senate, be referred to the Committee on the Library. On motion by Mr. ATHERTON, it was Ordered, That the petition of John McNeil, on the files of the Senate, be referred to the Committee on Pensions. On motion by Mr. LEWIS, it was Ordered, That the petition of C. G. Gunter, on the files of tha Senate, be referred to the Committee on Public Lands. On motion by Mr. RUSK, it was Ordered, That the Committee on Military Afiairs be discharged from the further consideration of the petition of George Center; and that it bo referred to the Committee of Claims. NOTICK OK A niLL. Mr. DOUGLAS gave notice that on to-morrow, or some early day thereafter, he will ask leave to introduce a bill grantino- to the State of Illinois the right of way and a donation of public la'nds, for making a railroad connecting the Upper and Lower Mississippi with the chain of Northern Lakes at Chicago. GENERAL SCOTT's PLANS, ETC. Mr. MANGUM submitted the following resolution for consid- eration : /(Mo/ivrf. Tliat tlie ProJiiilfnl of the lliiilo.l States Iw rrqii(-) the allies after the restoration of the Bourbons. Yet, sir, we submitted to all this from France, and it was only in 1835 that we recovered from her the indemnity tha', was due for spoliations committed in 1806 and 1813. Neither was the indemnity which we obtained from her, a complete and full one. It was a partial and imperfect indcmnitv. Our robbed . merchants got only a dividend of their claims. And yet we talk of violated honor ! and the President rants about our claims against Mexico ! some of them, by the by, of a very questionable character ; some of them, in fact, grossly fraudulent, as I have been informed by a distinguished gentleman from South Carolina, and such r,s never could be properly demanded by our Government under the treaty with Mexico. I speak of those contracts for land upon which enormous demands for indemnity were founded — which demands this Government was asked to enforce. Sir, take it altogether, and I do say that there never was urged in a legis- lative "body so unreasonable a proposition as, that it is just and necessary to wage a war for the mere procrastination of jjayraont of claims like these, against a weak and impoverished Govern- ment. And yet this is urged as though it were a sufficient causo lor war ; when everybody knows who reflects at all upon the mat- ter, that such has never been heretofore regarded as a justifiable cause of war. No, sir, I wil' tell you what was the cause of this war. It was the unauthorized act of the President in taking pos- session of territorv to which this county had no title — to which Congress had not authorized him to make claim, and against ma- king a claim for which they had warned him by the very terras of the resolution of annexation. Sir, my colleague has gone fully into this question, and I have no doubt, that he thought he had demonstrated the correctness of his position; but he took good care not to mention the Mexican claims as being the cause of the war. He did not consider that they were the cause of the war, however much the President paraded them in his messages. Mr. JOHNSON. — I never thought they were. Mr. PEARCE. — But he put it upon the ground that this gov erumeut was bound to vindicate its title to the territory up to the Rio Grande, and he cites a variety of facts which, as he thinks, belong to the consideration of this question, and wliieh in his opinion are conclusive. Well, now I think that the facts which he has cited— some of them at least— do not belong to the consideration of the question, and that neither one nor all of them are conclusive. I think I can demonstrate this, and that I can show on the other side facts which are strong as chains of adamant. I pass over that part of his speech in which my colleague speaks of the revolution of Texas. Noboily doubts the gallantry of those citizens of Texas who achieved their independence. Sir, as far as their gallantry is concerned, their spirit of heroic adventure, their bold and daring exposure of life, I believe there is nothing to surpass it. Nobody questions their right to revolt from Mexico to establish an inde- pendent government, and to claim all the territory over which they could extend and enfurce their jurisdiction. But my colleague says : "The bounil.'iries of Coahuila anil Tex.is as tliese departments were laid olTinto on? Slate by tlie ronstitution of '7^. was the Nueires, ronning for upward of one hunared nnies up tlial stream, and then by a line across from that point to the Rio Grande. The teiritt.rv below Uiat line, between the Nueces and llie Rio Granlncralilicalion and conhr- raation of this .agrjement. and all the parts thereof, by the ]iroper and Icmlnnale rov- wnmenl of Me.\ico. by the incorporation of Uie same into a solemn and peniclual treaty of amity and <0 nincrce, to be negotiated with that government, at the City ot Mexico, by m'lnisteis plenipotentiary U) Iw deputed by tlie govemiuent of Texas for this high purpose." Whv, I say, upon the very face of the instrument itself, it was not a treaty. It was nothing else than the personal obligation of San- ta Anna. Now, allow me to call the attention of ibe Senate to the opinion of General Lamar. I understand that Santa Anna was a prisoner in the hands of the Texans, and that they were delibe- rating whether they should shoot him a-la-Mexique, try him for of. fences against the laws of civilized war, or send him back to Mex- ico. N(3W, what savs General Lamar, in the paper addressed by him to President Burnet ? Mr. JOHNSON.— What is the date of that letter? Mr. PEARCE. — It is a letter from General Lamar, the Sec- retary of War of Texas, to the President and Cabinet of Tex- as, and dated 12th May, 1S46: * * * " What good can they hope to result from an extoited treaty 1 General Santa Anna is our pri-oner of war. and as such, may be ready to enter into any agree- ment which oar rights may require, or our seltishness exact, but, when restored to hb- erty and power, will he feel any obligation to comply with terms which he hail no agency in dictating ? What he assents to whilst a prisoner, he may reject when a freaman. Indeed, the idea of treating with a man in our power, who views freedom in acquiescence, and death in opposition, seems to me more worthy of ridicule than refutation. * * * Withme. such pledges are lighter than the ' moonshine's watery beam.' I trust them as I would ' a dicer's oaths.' Init. independent of this consid- eration, it may b? very well doubted whether Santa Anna, witii every disposition to fulfil any agresment which he may now enter into, will, on his return to Mexico, have the power to do it. It was public opinion which drove him into war with Texas, and the same public sentimiMit, on his arrival at home, may keep him in the attitude of ftvowed. it not of actual ho>tiliiy to this country, * * *' The advantage [tropo- sed to bj gained trom his supposed or probable integrity, cannot, of consequence, be realized, even witti every willingness on tiis part to redaem his pledges. I doubt not in the least, that as soon as the news of his defeat and imprisonment shall be sounded within the walls of Mexico, that instant will be lost all his aulhoity in the land, as he has long since lost the aficctions of his people. He will b? powerless either for good Drill. 1 am, therefore, decidedly opposed to all negotiation or arrangements with him ; firel. b3cau5e he is a prisoner, and not free to act ; secondly, because he is faithless and uuwo.-thy of coatidsnce ; and thirdly, because of the L'rea: certainty of his inabdity to to fulfil his promises, even witli the desire to do it , " Well, but my colleague says that Texas fulfilled the contract on he,, part. General Filisola accepted it and marched his men back to the Rio Granda, Sac, So he did; but that did not constitute it ^ treaty, General Filisola not being the ratifying power. It might have been an appeal to Santa Anna's honor; it undoubt- edly was so; but as a treaty, it had no obbgations; it was a treaty made by a captive, and ratified by a runaway; and, I take it, sir, that no validity will be ascribed to it by any fair man who under- stands the facts. My colleague next relics, sir, on the action of the Te.xan Con- gress regarding the boundary of the State, and says, that they passed a law describing the Rio Grande as the boundary- I should like to know how the mere act of the Congress or legisla- ture of any country, can authorize the fixing their boundaries where they please to put them on paper; how the declaration of any Con- gress or government can make a right or authorize a claim in such a case. It can do nothing more than assert a claim, and I venture to go a little further, and say that I presume, that in the case of Texas, it was not done bona fide. They did not deem that they were to take in Santa Fe, or any of the valley of the Rio Grande. They claimed a great deal of territory in order to secure a part. Sif , I do not make this statement from any personal knowledge that I have, but I will refer to the authority of an honorable Se- nator here, and I beg leave to read from a speech made by the lionorable Mr- Ashley, at the second session of the 2Sth Con- gress: '■.\nd iiere I will add, that tin- present boundaries of Texas I learn from Judge Ellis, the president of the convention that formed the constitution of Texas, and also a member of the first legislature under that constitution, were fixed as they now are, solely and professedly with a view of having a iar^e maririn i/i tlie negotiation mttl Mezico, and 'not with tlie expectation of rclainin g Uiem as they now exist in their statute book." Sir, this authority is worth all my colleague's array of proofs. But my colleague says, that after the retre.at of Filisola across the river. General Rtisk, who was still at the head of the army of Texas and stationed at the Gaudaloupc, ordered the families be- tween that part and the Rio Grande to retire to his rear, or to re- move to the western bank of the river. The most of them did re- tire to his rear, but many of the Mexicans preferred to cross the river and settle on the opposite side. Now, sir, how was this ta- king possession of the country ? You may make a solitude, and callit peace ; or you may empty a country of its population, and call it occupancy or possession ; but you acquire no right by the misapplication of terras. The portion of the people friendly to Texas withdrew to the rear of Gen. Rusk — that is, beyond the Guadaloupe, which is further east, even, than the Nueces. Cer- tainly, thev were not taking possession of the country which they thus abandoned. Certainly, they were not occupying the valley of the Rio Grande, when they fled from it to the east of the Gau- daloupc to avoid the horrors of a border war. So the Mexican po])ulation withdrew to the western bank of the river, and the country was deserted. But my colleague rests his argument upon the ground, that if Texas had not actual po.ssession, she had it potentially, as Dr. Johnson would have said — that is, that she had the power to occu- |5y it. Well, sir, I deny that the power to take possession, would give a constructive possession. It is not a legal position that can be maintained. As between individuals, actual possession of every acre of a tract of land is not necessary to a right. If we have the title to the whole, and the actual possession of a part, the residue not being possessed by another, the actual possession of a pari will operate the constructive possession of the whole. It is so with nations. But Texas had no right by possession, as I shall demonstrate to be the case; and the mere power to pos.sess, if she had been able to take and maintain po.ssession, which I do not ad- mit, would not give a constructive possession. A right to the whole, coupled with a possession of a part, would answer. But Texas was a revolutionary government, and could not divest the title of Tamaulipas and other Mexican States to the lands lying within their respective and undoubted limits, except by taking and holding possession. This she never did, either by her settlers or her soldiers, for the occasional passage of troops across the coun- try was not possession; and, in fact, the Mexicans crossed it thus, as well as the Texilns. Predatory excursions and border forays were never held to make a possession. But my colleague says that General Rusk, for the purpose of facilitating the removal of tlio.se occupying the countr)' and of watching the movements of the Mexican army, and preparatory to an advance rpon Matamoras, dispatched General Felix Houston with a sufficient force to take possession of Corpus Christi, and that was done. This was true sir; and this is a good point — I mean as to the right of Texas up to that limit which indeed I freely admit to have been the frontier of Texas. Beyond this they did not so, beyond th's they had no possession in the legitimate sense of tiie word, and therefore I deny that the establishment of the port at Corpus Christi established the claim of Texas up to the iiio Grande. Texas had no establishments there; she had erected no forts, she had no civd officers in that country; no, I believe not so much as a justice . little more aggravated, it was requisite that one part)" should be blooded. When the offence was of a very grave nature, some- body was to be well blooded; and there was scarcely any offence which required, according to these rules of chivalrous honor, that the combat should be mortal. Certainly, in no instance, is it re- corded in the annals of the Kilkenny Club that pecuniary compen- sation was to be demanded by the party offended. Sir, Barrinston records no instance in which the offender was called upon topay for the powder and ball consumed, the pistols used, and transpor. tation to the field of honor — that is to say, the hack-hire ! Now, I am unwilling to place a nation in a lower scale than a private individual; neither have I one rule for Mexico and another for England. What is the condition of Mexico ? Before I reply to that inqui- ry, let me say, that I am perfectly disposed to demand of Mexico compensation in damages, not for the violation of national honor, but for the injuries done to our citizens in their coniiiierce. We arc their guardians — guardians of their pecuniary rights, which we are hound to maintain as against Mexico and all the world, and to see repaired by pecuniary indcmnilication. I hold it to be perfectly right to demand indemnity of Mexico on that ground. If slie cannot give indemnity in money, let us take it in land. But do not let us make that a pretext for robbing Mexico, She is prostrate and bleeding at your (ect. Your armies have triumphed in every combat, from that of Palo Alto to the last battle at Cha- pultepec. She has been completely vanquished — her towns storm- ed a^id bombarded — her seaports in your possession or beleaguered by your fleets — her government fugitive and your armies, in the fashionable phrase of the day, "revelling in tho Halls of the Mon- tczumas." What more do you want ? Is not this enough ? Did you ever hear of the bully who, when he had knocked his man down, thought it his vulgar duty to pull out bis eyes ? Do you recollect, sir, the epistle of Tom Crib to Big Ben? ■'VVJuit Bcu ! my old hero, is tliis your renown 1 ly this the new go ? — kitik a man when he's down ? VVIien the foe ha'^ knocked under, to tread on him then, By the fist of my fattier 1 I blush for thee, Ben." January 13.] THE TEN REGIMENT BILL. 113 Mexico cannot brine; an array into the field. Her revenues are ex- hansted. She is helpless and hopeless, except in your mercy. Yet you propose to carry the war farther — "into the vitals of the coun- trv." Not satisfied with the blood already shed, do you thirst for more ? Do you desire more towns to bombard, fresh armies to de- feat ? When there arc none of these to be found, will you rejoice in the slaujhtcr of the miserable sruerriloros ? Mr. President, let us take care that the dissraceful sruerrilla warfare of Spain be not renewed upon this continent ! Is there to be no end to this state of thinfts 1 I do not believe that the vi- olated honor of the country requires such vindication. That honor is in much greater danger of being tarnished by our own conduct, in the further prosecution ol this war. But, it is said, Mexico must sue for peace ! Will you persist in this, when she is too proud to sue for peace ? You must know that she is an.xious for peace. I know that a treaty of peace can be obtained from Mexico. I make that assertion after a perusal of the correspondence between the Mexican Commissioners and Mr. Trist. She oflTers ample indemnity for every thing but the ex- penses of the war. She proposes to cede California, from its junction with Oregon to the thirty-seventh degree of latitude. — This comprises nearly two hundred thousand square miles of ter- ritory, as I have been told — thrice the territorial extent of Virgi- nia, and larger than all the New England States, New York and Pennsylvania together ; aud it includes the harbor of San Francisco — the coveted object of our desire, and which, sir, alone, is worth more than the claims of our citizens against Mexico. Well, Mexico gives very sulficient reasons why she should not cede more. She says that Lower California commands her province of Sonora, and that she cannot be asked to give up ■what would make her vulnerable in her weakest point. She can- not give up all Upper California, because a portion of it is neces- sary to maintain the land communication between Lower Califor. nia and the other portions of her dominions. She cannot give up New Mexico, because the people there are loyal — they are devoted to Mexico. They abhor union with this country. Slie cannot, therefore, give up New Mexico. It is cruel to insist that she should give it up. I do not want it, and with my vote, New Mex- ico will never be added to this Union — never sir, never. Besides, it is inconsistent with the essential principle of our government — the consent of the government. What were the objects of the formation of this Union let me read you sir, from the constitution : "We The people of the United States in order to form a more perfect union estab- lishjustice ensure domesiic tranquility provide for tlie eoininon dei'ence — promote the general welfare and secure tire blessings of Idrerty to ourselves and our posterity do ordain and establish this constitution for the United tStates of America. "To establish tmion" — "to ensure democratic tranquility" — these were amongst the glorious objects for which our constitution was formed. Sir, do you unagino that our union will be promuteil — that our domestic tranquility will be ensured by compelling these refractory communities to enter our Union, in spite of all the dif- ferences of blood, religion, race, and color and filled with mortal hatred of us as they now are. No man can be so foolish, sir, as to suppose that by such means our union will be promoted. Is such a union possible? It reminds me of the story in "Le Diable Boiteux." You may remember, sir, the story of the two demons, who quar- relled and raised such an uproar in Lucifer's dominions, that he was compelled to interfere. He commanded them under infernal pains, and penalties, to embrace and swear to be friends forever. We did so, said the demon, and have hated each other mortally ever since — such sir, will be the consequence of that union, which you wish to bring about. Such will be the fraternal union, between the United States and Mexico. I see it predicted, sir, that if we should annex Mexico, she would be to us, what Ireland is to Great Britain ; a perpetual source of bloodshed embarrassments, annoy- ance, endless disquietude. I do trust, that the country will not sanction such an idea — that the Senate will not sanction it — that in the progress of this discussion, all will come to perceive the trttth, as I think that I perceive it. I have said that in my opinion, we can now obtain satisfactory terms from Mexico. I do not mean to s.ay, that the terms offered by the Mexican (commissioner, were precisely such as I would ac- cept, but they aflbrd at all events, a proper basis for negotiation. If we do not stop here, when and where shall we stop ? Are we to become the ocean-bound republic, spreading over the whole continent? That is what some gentlemen contemplate. I recol- lect that one very ultra gentleman said sometime since, that the day was fast approaching, when "even China would be a compo- nent part of the United States ? Are our dreams of ambit'on boundless ?" If we go on in this way enlarging our boundaries, must wc not eventually be broken into frasrments ? Must we not corae at last to dissolution, like the circle in the water, which by "broad spreading is dispersed to nought?" The bands which unite our country, if stretched so far, must inevitably snap. We must stop now or never. If we persist in this course, we must come to the project of my friend from Indiana, (Mr. Hannf.gan,) and then I take it, the dissolution of the Union would lie inevitable. I do not know that in such a case the event would be matter of regret. Let me trouble you, with a few words more on the subject of the expenses of this war , in coimeetion with the bill more immedi- ately the subject of discussion. I have examined tho statement of the Secretary of the Treasury for this year, and I find that the expenses of the current year, taking tho quarter which has expir- 30th Cong. — Isx Session— No. 15. ed, will amount to seventy-five millions. I confess I was startled when 1 saw the statement. The Secretary says : That the total receipts and means for the year ending Jone, 1S48 are est i mated at -------.'. ' 542,886,545 80 The expenditures for the first quarter, which are as- certained, liein; §16,469,194 69 And the estimated expenditures for the rest of the year being as follows : Civil list, forei^Tu intercourse, and miscellaneous - $5,436,180 42 Army proper, including volunteers _ . . 19,0-^0,865 5^ Fortifications, rrdnance, arming militia, &c. - - 2.036,44f> JjO Indian department - - l,720,(ifiO '2fi Pensions I,0fi3,5i1 6t! Naval establishment - 10,241 ,072 47 Interest on public debt and treasury notes - - 2,250,,^"7 18 Treasury notes outstanding and jiayable wlieo presented 267,139 31 53,615,660 07 The whole expenditures will be - . - - Leaving an excess of expenditures over means, 1st July, 1848 815,729,1 14 27 When the war commenced we had a surplus of twelve millions in the treasury, and Congress adopted new financial measures, which were expected by tho Administrati-m to improve the condi- tion of the treasury. But we have spent the twelve millions sur- plus — all the current revenues wliich wo have received, increased as they are said to have been by the new tariff, besides thirty-eight millions, according to my computatation, of loans and treasury notes. In January l.ist the Secretary came to us for twenty- three millions, which he said would be ample. But in a month he asked for authority to re-issue five millions of treasury notes, and now another loan of eighteen and a half millions is demandeil for the service of the present year. I apprehend it will be neces- sary to raise more than that for the excess of expenditure in tlit! year 1849. This is a woful state of things. I venture to say that if you continue your military operations as they are now conducted, before eighteen months, cither your treasury will he bimkriipt or you will be obliged to adopt some new and extraordinary financial measures. I. for one, shall be prepared for the crisis. It is not just sir, that the coming generation should suffer for tho folly of the present. It is not just to keep glory for the present age and taxes for the next. If you will have the glory you ought to have the taxes along with it. I believe the only way to bring the people to a just sense of the enormity of this war, is to let them feel the cost of it . My colleague spoke of the revenue to be de- rived from Mexico and ventured the opinion that the war could be sustained in this way without the cost of a dollar to our Treasury. But is it to be expected that Mexico in her jjresent depressed con- dition — kept down by an enemy, holding her powerful towns, — overruning her country, her industry paralyzed — her trade and business broken up — her people ground to the dust hy military op- pression will furnish anything like the amount, 'which he has repre- sented, as accruing to her treasury in time of prosperity ? You wont get a dollar which is not Ibrced from her at she point of the bayonet. He speaks of the duty upon contracts and says that they might now be stamped by your authority and that thus a consider- able revenue would be obtained. But sir, they will not make these contracts, especially when there is a probabilitv, that if made they will be invalidated, when the present state of things shall termi- nate. Sir, this is all illusion and if you could get the whole revenue which Mexico raised in a period of peace and prosperity you would get but twenty one millions and your millitary operations arc cost- ing you nearly fifty millions. The Secretary of the Treasury, san- guine as he is, does not estimate these resources half so high as ray colleague. He has not been able, he says to obtain any reliable statement of the amount of duties realized in Mexico on exports. The duties on specie might amount to half a million ; The recipts from duties on imports, in a time of peace, have varied from six to twelve rail- lions. What probability is there, that these would be half the first sum, when our armies were covering the whole country ? Even the Secretary thinks that no large portion of ihe internal revenue could be collected under our military ; and he, with all his eagerness to present a favorable view of this project, admits that he has no sufficient data on which to base any reliable esti- mate as to this source of revenue. So that I caution thi; cotrntrj' agasnst these delusive conjectures. As for the 10, QUO men proposed by the bill, I will not vote for one of them. I believe with the Senator fromKy., Mr. Crittenden, that we have troops enough for all the legitimate purposes of this war. and more than enough, and while 1 would not deny them food and clothing I would not now give for the war another soldier until 1 saw a diisposition on the part of the executive to bring about a peace. I look at the honor of the country in a different aspect from that in which it seems to be regarded by some Senators, to whom I do not impute any other than patriotic motives, I thing they are en- tirely mistaken. For myself, I am willing to take the reproach of consistent dullness, by adhering to the doctrines which I have here announced, and refusing to vote a man more nntil I see a bet- ter disposition on the part of the Executive to make peace. I believe that the favorable opportunity to make peace was allowed to pass unimproved. I believe that if this government had not de- manded too much, they could have made a peace perfectly satis- factory to the country, and thrt it still may be obtained on just and honorable terms. I will not increase the forces in Mexico for the purpose of overrunning and annexing the country. It would be a lasting reproach to us to do so. I wish to see the United 114 THE TEN REGIMENT BILL. [Thursday. States disposed to settle this controversy in a spirit of magnanimi- ty more glorious even, ilian all the victories we have gained. Mr. BADGER rose and signified his intention of addressing the Senate on the bill under consideration. Mr. JOHNSON of Marj-land.— I ask the indulgence of the Se- nator from North Carolina. I rise to put a question to my Inend and colleasue, to which I hope he will reply now, if he can, and il not, at some future lime, when he shall have reflected on the an- swer. If I am riffht in my recollection, my friend was not here on tho 13ih of iMay,'lS4C, when the law of that session passed. Mr. PEARCE assented. Mr. JOHNSON.— If I am risht, then, as to the opinions of my colleague at that time, if he had been here, he would not have voted for tho law as it passed. If I am right as to the reason which would have influenced him in giving that vote, it would Have been because of the preamble to that act. The quesiion 1 now wish to propound is— whether he would have voted lor that law without the preamble? Mr. PEARCE.— Yes ; I should have done so. Mr. JOHNSON.— Just so. Mr. PEARCE.— But, I beg to say something farther. It was necessary that some military provision should be made, and the exioency seemed to require a' very large provision. Our army had been placed, bv the act of the Executive, in a position of great pe- ril. It was not for mo to say that that army should be sacrificed. Not for an hnndred millions would I have sacrificed one of its gal- lant officers, or one of its brave men ! Perhaps I may add , that it is very likely that I would have gone farther then than now, because I had not then so fully investigated the subject. An amendment was proposed in the House of Representatives by Mr. Scheuclc, which fiUly met ray views. The amendment was as fol- lows : " Mr. SCHENCK then tent up to tha Clerk's table, where it was read in part, ths followins amandnient, whicJi lie gave notice of liis intenlion to oiler at tlie proper time : ■' Strike out all after tlic enacting clause, and insert — " Wherea;. it has been communicated to Congress by the President of the United Sla'ts. that :h s Go.ernm''nt i . row at war with iM xico. and a call has been made on Ccrenvfi .'or in?aiis to proiecut > ho^lihties on tiie part ol' tht? Uiiitsii States ; and " VVhiTea?, Congress is iriibrme.i that, in a war thus couirar'nc?d. lo ses have occur- red to ti^ a;uiyot'tlie United Slat.'s employed by the Pre^idt-nton the bank ol'the river D.l ^t^ e an t ti:at -such army. li" not already fo^t, is in an exposed and periious situa- tion, awed bounty land; which was referred to the Committee on Pensions. Mr. UNDERWOOD presented the petition of Mary M. Telfair, heir of Israel Pearce, praying the payment of certain final settle- ment certificates; which was referred to the Committee on Revo- lutionary Claims. On motion by Mr. STURGEON, it was Ordered, Thnt the petition of Titian R. Pealc, on the files of the Senate, be referred to tne Committee on Naval Affairs. On motion by Mr. BERRIEN, it was Ordered, That the petition of Moses E. Levy, on the files of the Senate, be referred to the Committee on Private Land Claims. On motion by Mr. HUNTER, it was Ordered, That the administrator of Isaac Garretson have leave to withdraw his petition and papers. On motion by Mr. BALDWIN, it was Ordered, That the widow of Samuel Gibbs have leave to with- draw her petition and papers. On motion by Mr. MILLER, it was Ordered, That George Townley have leave to withdraw his pe- tition and papers. jNOTICE OF A BILL. Mr. WEBSTER.— Mr. President, I wish to give notice that I purpose, to-morrow, to introduce a bill "to make attachments, which are made under process, issuing from the Courts of the United States, conform to the laws regulating such attachments in the Courts of the States." If it should be the pleasure of the Senate to give me leave to-morrow, to introduce this bill, I will shortly stale the objects of its provisions. The bill which I propose to introduce, passed the Senate without opposition at the last session, having been reported to the Senate by the Committee on the Judi- oiary, and I shall ask, with the concurrence — which I hope I will receive — of the Chairman of that Committee, and the other mem- bers of it, to expedite the bill on its passage through the Senate, withou- the delay of another reference, as I know no objection to it, and it is a matter of some importance. MAP OF NEW MEXICO. Mr. CASS submitted 'he following resolution for consideration : Tiesolmd, That the Secretary of t]ie Department of War, famish the Senate with the report anrl map of the e.\aminaliou of Kcw Mexico, mate by Lieut. .1. Wr Ab^rt, corps o" Topographical Engineers, while attached to the command of General Kearney. DEFALCATION IN THE MINT, Mr. CAMERON submitted the following resolution for consid- eration; which was ordered to be printed: Whereas, A (Jefaication is reported to have occtirrH in the T'nitf'rl Ft.V.es' Mint, at Philadetpliia. which, by law, is made the depository of the public money, Eesolre'. thf^rfare, Tlial the Seuate will appoint a committee from its bo';y. to ex- amine the books, vouchers and money in the mint, with antlioritv to command the attendance, and examine them upon oath, of all the persons employed by the jovem- ment there. 116 GEiVERAL SCOTT'S PLANS. [Monday , THE MAILS. Mr. BERRIEN submitted the followinff resolution, which was considered by unanimous consent, and agreed to: Rt-!ott:ed. That the Committee on the Post Oflice and Post Raids, be instnicled to inqoire whetlier any and what legislation is nect^arj' lo secure tiie more regular ami ■ jeedy transmission of the great norttiern and sODtiiern mail, and that they have leave to report l>y hill, resolution or otherwise. THE PEA PATCH TITLE. Mr. DAYTON submitted the following resolution, which was considered by unanuuous consent, and agreed to: Resolrcft, That the Solicitor of the Treasury be directed to communicate to the Se- nate copiers of the articles of subnii^ioo, the award, the opinion of the arbitrator, and llic nroceedini^H and the mitiules in his jio^session coiMieirted therewith, ni the matter of the Pea Patch Island, lielore the honorable John yerj,'eHnt, sole arbitrator appointed by the parties in iutcre:,t, to decide upon the Utie to ^aid island. REPORTERS OF THE SENATE. Mr. MANGUM, from the Sclof t Cominiltee, to whom was re- ferred a motion authorizing the Viee President to cause desks to be provided for the ReportBr of the Senate, and his assistants, upon the floor, in submitting a report, remarked that upon exami- nation of the subject referred to the committee, it was found, that without any inconvenience, suitable accommodation could be afTord- ed to the reporters of tlie Senate on the Iloor of the Chamber; and as it was of course vcrv- desirable that every proper facility should be extended to them, the committee unanimously reported in favor of providmg the proposed accoumiodation. The Senate proceeded to consider the report, and, on concur- rence therewith, it was Ordered, That the Secretary of the Senate have two moveable desks prrjvided, as soon as may be, in the angles of the Senate Chamber at the ends of the Cliord to accommodate, each, one re- porter. Mr. MANGUM, by direction of the same committee, stibmitted the following resolution for consiileration : Resolved, That a .select committee, of five, be appointed by the Vice President to enquire into the expediency of reniovinj the reporters from the' marble pallerv to more suitable places to be provided for them at tlie ends of the circular gallery and of nre- parin? the marble gallery for (he use of the ladies. Mr. BREESE.— I had the honor of semng on the special com- mittee, of which the honorable Senator, (Mr. Mangu.m,) who has oiTered the resolution, was the chairman, and I concurred in the report. At the samctimc, sir, 1 must say, that when in committee I was anxious the report should embrace' the subject matter of the resolution now oflfercd, as I believed then, as I do now believe, that a much more commodious position for the reporters can be had in the Chamber than they now occupy; but it was thouo-ht we h.ad not the power under the resolul.i.m'to make any suggestion upon the subject. Accordingly, and to get the power, the honorable chairman was instructed by the committee to report the resolution he has reported, and whicli is now before the Senate for considera- tion. I hope, .sir, it will be adopted, as I feel assured the com- mittee to be raised by it will report a plan which will be acceptable 'to the Senate, by which the reporters will he better accommodated than they now are, ;ind the Ladies also, by properly tittin-o'=aii uar- The bill was read and passed to the second reading. Ordered, That the report be printed. Mr. YULEE, from the Committee on Naval Affairs, to whom was referred the petition of Thomas Brownell, reported a bill for his relief; which was read and passed to a second readinrr. Mr. BRADBURY, from the Committee of Claims, to whom was referred the petition of Amos Holton, submitted an adverse report : and, on concurrence therewith, it was Rescilrcd. That the evidence presented by Amos Holton is insufficient to justify tho al owance of his claim ; and that the Committee be discharged from the further con- sideration of the subject. the the BARQUE CANTO.V. Mr. RUSK, from the Committee on Enrolled Bills, reported that they presented to the President of the United States, on " 14th instant, the bill to authorize the issuing of a register to barque Canton. The following messase was received from the President of the United States, by Mr. Walker, his Secretary : Mr. President: The President of the Itniled Stales approved and sis-ned, on the 14Ui instant, the bill to authorize the issuing ol a register to the barque Canton. GENERAL SCOTT's PLANS. The Senate proceeded to consider the following resolution, sub- mitted on the 13th instant by Mr. Mangum; nescilred. That the President of the United States lie requested to lav before the Senate all the plans, estimates and calculations, presented bv General Scon, a-s in his opinion best adapted to attain the objects of the war; and 'his opinion touching the military means necessary to accompliah the objects of our government in any and all the alternative views that have been considered by the Executive or suggested by Gen- eral Scott, to bring the war with Mexico to a close, if not inconsistent in the opinion oi the President with the public service. Mr. CASS. — I would ask the Senator to consent to the post- ponement of the consideration of the resolution till to-morrow. The Senator from Arkansas (Mr. Sevier,) is absent ; and there can be no harm from twenty-four hours' delay. Mr. MANGUM. — I have no objection to postponement, except that the information sought by the resolution is of vast importance to the formation of an intelligent opinion in reference to measures now pending before the Senate ; and which, allow me to sny, are pushed to a consummation with a degree of zeal and pertinacity which I have rarely witnessed upon any occasion so earlv in the session. It would give me great pleasure to comply with the sns- gestion of the honorable Senator from Michigan, were it not that the information which is desired is of the very highest importance at this verv' moment in order to enable the Senate lo act intelli- gently. I hope, therefore, that the Senate will proceed to the consideration of the resolution. I will make no other remark, un- less it should be deemed necessary. I hope the resolution will ha adopted. Mr. CASS. — I do hope the Senator from North Carolina will consent to a postponement of the resolution. If he do not, I mu.st be compelled to vote acraiiist it. I cannot conceive that in the present condition of afi'airs, whilst we are aetu.illy ensaffed in war, that it would be proper to communicate the plans of the Go- vernment. It would give the enemy information vastly useful to them in making their preparations. We can easily conceive that such would be the case. It is true that the usual discretionary power is given to the Executive, but I conceive that the objection which I have just stated has sufficient force to make the call im- proper at this time. The Senator says that the measures before the Senate have been pushed very pertinaciously. I cannot con- ceive why the Senator has made such an assertion. The bill for raising ten regiments was introduced three weeks since — four weeks since, I believe — and we are now in the second week of its discus, sion. There has been no disposition in any part of the Senate to force that bill through without di.scnssion. AH we have asked is, that it should be considered, discussed, and voted upon. If this be '-pertinacity," we are pertniacious. But I do not think that this is pertinacity. I do not say that there is an instantaneous need of this additional force. But I bold, as was better said by the honorable Senator from Mi-ssissippi, (Mr. Davis,) than it can be said by me, that that force ought to be raised and sent to Mex- ico before the .sickly .season sets in ; and that in order to effect th.nt, we should hasten our preparations as much as possible. It will take some time to put the hill throuch tho Senate, and still lonjer in the House. We may be advanced far in tho session, do the best we can, before these bills can be passed and the Government be put in possession of this force. I repeat, then, that I cannot perceive any grounil for the charge that the measure has been per tinaeiou,sly urrred upon the Senate. I renew the suggestion, that the resolution be allowed lo lie over till to-morrow. Mr. MANGUM.— I did no t charge pertinacity in reference to this measure, upon any portion "f 'he Senate. I alluded exclusively to the honorable Chairman of tin' Committee on Military .\ffairs"; and I submit to the Senate, and tc' all who have observed the pro- ceed! n^s of the knly in reference .'" 'his measure, whether the charge has not been sustaineil bv the facts. Sir, when tho honor- able Senator from South Carolina wa s about to bo denied the benefit of tho usual course of tho Senate i." reference to tho consid- January 17.] GENERAL SCOTT'S PLANS. 117 eration of his resolutions, I appeal to the recollection of Senators, whether there was not great pertinacity exhibited in the effort to refuse him an opportunity of addressing the Senate ? All must remember the events of last Thursday ; the repeated calls of the yeas and nays on the question of adjournment, with reference to this very question. All must remember the earnestness with which tlie honorable Chairman of the Committee on Military Affairs urged the necessity of early, if not immediate action on the bill before them. However, I leave that, sir, as a small mat- ter; and pass to one of vastly greater importance. I allude to the sentiment enunciated here by fhe honorable Senator this morning, that it would bo eminently improper for the Congress of the United States to be informed of the Executive's designs and i he Executive's instructions to the Commander-in-chief of the army in Mexico. I protest, sir, most solemnly, against this attempt to exact that de- gree of faith from the legislative bodies of this country which shall induce them to rely upon an Executive who discloses only by glimpses, not even by halves, the purposes believed to be entertained by him ! I hold, sir, that the great legislative faculty of the country should not be exercised at all upon a question so moment- ous as this, upon mere faith reposed in the Executive branch of the government, who does not deign to communicate to us more than glimpses of his policy. I regard it as so important that I look upon the question now pending as bringing up the great issue between despotism and liberty. 1 regard the measures here presented to us — only half disclosed to us — as lookmg to a spirit of universal domination, and an absolute conquest of the whole of Mexico. If the country is ripe for that, in my poor judgment, the country is ready to surrender its free institutions. The policy, as half dis- closed, by the honorable Chairman of the Committee on Military Affairs, in the extract from a letter which was read here the other day, indicates, in my opinion, designs from which the inference is inevitable, and cannot be resisted, that Executive policy seeks for universal domination in Mexico, and the conquest of the whole countiy. That, in ray humble judgment, raises the question, dis- tinctly and emphatically, between despotism on the one hand, and liberty on the other; and the more so, sir, as the Executive of this country does not deign to communicate to us his views, and, as the honorable Chairman of the Committee on Military Afiiiirs, the trusted and able organ of the admin- istration here, tells us to our faces, that it would be im- proper to communicate to us the designs of the Execu- tive. I oppose, sir, such a course of policy, and I frankly say, that under avowals of this character, anxious as 1 am to strength- en the arm of the government for all legitimate purposes — an anx- iety which has been evinced by all my votes upon this question — I shall feel myself driven to the necessity of refusing supplies, either of men or money, for any increment of the army, so long as this doetrine avowed by the Senator from Michigan shall be mam- tained. Sir, ray attention is directed to an order to which I have noticed a reference, but now seen for the first time. I will not detain the Senate by reading it. I suppose it is familiar to other Sena- tors. I understand that this order on the part of the general, com- manding-in-chief, is to occupy every important position throughout Mexico. A Senator. — Read the first clause. Mr. MANGUM.— This is marked "order 376," and is as fol- lows : "IIeapqi'.vrters of the Army, "Mexico^ December 15, 1847. "1. This armv is abont to spread itself over, and to occupy tlie republic of Me-\ico, until the latter sliall sue for peace in terms acceptable to the government of Uie United States." "The whole of the republic !" Sir, it cannot be disguised. The disguises are too thin. The veil is too transparent. All the disa- vowals that we have had, that the President does not entertain any purpose of conquest, come at last to this, that the E.xecutive means to illustrate his administration by absorbing the whole of Mexico, if the sense of the countiy will sustain him. I desire to know, sir, whether the general-in-chief for any legitimate, or proper, or reasonable purpose desires, or has suggested this in- crease of the army, amounting to thirty regiments, the bills for which are now upon your table ? Yet we are not to have this in- formation ! It would be emminently improper to disclose the views of the Executive in regard to Mexico ! Disclose thera to whom, sir? Not to the Mexicans. The general order of the commander-in-chief has already disclosed his purposes, presumed to be the purposes of the government in regard to the future policy, to the Me-xicans themselves; but emmently improper to disclose them to the American people, who I trust, are not yet ripe for this scheme of wholesale rapacity and rapine, in which I fear we have already too much indulged. I hope, sir, the resolution will be adopted. Mr. CASS. — The honorable Senator from North Carolina from a general charge has proceeded to make an individual charge. He charges me with pertinacious obstinacy. Mr. MANGUM. — I mean it in no improper sense. I imputed to the Senator only a marked degree of zeal and pertinacity. Mr. CASS. — No one knows better than I do the courteous and honorable bearing of the gentleman from North Carolina. He may like all of us at times, under the influence of party zeal from which none, perhaps, are wholly free, use harsher expressions than need be; but his present charge, as apphcable to me in any circumstan- ces, is incorrect, and I mean to prove that it is so to his satisfac- tion. He instances two facts in support of his allecation : first that I opposed the discussion of the resolutions of the honorable Senator from South Carolina. Now, I was not opposed to the dis- cussion. I beg the honorable Senator's pardon, but he must allow me to remind him that I was in favor of the discussion. I was anx- ious to extend to the honorable Senator from South Carolina all the indulgence which he asked. All I insisted on was, that if this most important bill were laid aside for the purpose of taking up a subject which, so far as it related to the measures immediately be- fore us, might be called abstract, as soon as an opportunity had been conceded to hira to express his views, the subject should be laid upon the table and the bill he taken up. That was the only objec- tion that I ever made in reference to that matter; and that was precisely the arrangement into which the Senate itself fell. Such, then, was the amount of my pertinacity in that case. As to the adjournment, it has been many times a matter of conscience with me to vote for adjournment under the impression that we did less mischief out of this chamber than in it, but here is a ease in which the interests of the country required prompt action, and therefore I op- posed the adjournment. We had before us a bill whose import- ance cannot well be overrated. We had been giving to it one and an half hours discussion daily — six hours a week allotted to one of the most important measures in its consequences, ever presented to the Senate ! I objected to adjourn over tdl Monday, and that is adduced as another proof of my pertinacity ! Really, I cannot see it. Aow, with respect to the motion before the Senate, all I ask, is, that this matter should be allowed to lie over till to-morrow, when the honorable gentleman from Arkansas, (Mr. Sevier,) speciallv charged with it, shall have collected the necessary information. I do not say, that it will not be proper then to comraimieate the in- formation, nor have I said that it would be improper to aive any of the information which is sought. The gentleman has asked, to whom the information is to be disclosed ? Why to the Mexicans. I do not, of course, intend to say, that that is his object; but that will be the effect of the resolution. Mr. MANGUM. — The Senator misconceives ray meaning. The Mexicans have already bad intelligence of the designs of the Pre- sident to the utmost limit; and if the information is withheld, it is because there is an unwillingness, somewhere, that it should be laid before the American people. As to the Mexicans, they have been already advertized of the views of the Executive. Mr. CASS. — If the Senator only wants that information, the American people have got it as well as the Mexicans. I take it Mr. President, that in all countries during the prosecution of a war, the specific plan of the campaign should not be made public. Surely, prudence requires that only the general intentions of the Executive government should be made known in such circumstan- ces. But, where in the name of wonder would be the sense in telling Mexico, that the first of June we mean to take Vera Cruz, and Puebla on the 20th — that on such a day, such and such troops or subsistence, or munitions of war, would be despatched to a cer- tain point ? It is not the specific, identical plans of campaign made between the commander-in-chief and the government which should be laid before the legislature of the country and the enemy. A thousand reasons will occur to every body, showing that such a procedure, if not impossible, would be highly injurious. I repeat, there is no wish to reftise any information which may, with propri- ety and safety, be communicated. My only object is to delay ac- tion on this resolution for a short time, until the necessary infor- mation can be supplied. All I contend for is, that the broad prin- ciple assumed by the honorable Senator from North Car.ihna, is neither safe in itself nor justified by the practice of any govern- ment—to wit: that at all times it is right to call upon the TExecu- tive to disclose its specific plans of carrying on a war. The adop- tion of such a principle, it is obvious, would be attended with the most injurious consequences. Now with respect to the progress of the war, it is said that General Scott is going on from town to town, and from city to city, conquering all before him. I am very glad to hear it. I hope that the commanding general will continue "to go on in this way. If he does so, I have no doubt he will conquer Mexican obstinacy and thus conquer a peace. I have already expressed my opinions with regard to the war in Mexico, and have nothing to say on the subject njw, except to tell the Senator from North Carolina, what I had the honor to say to the Senator from South Carolina, that the adoption of any resolutions in this Senate with regard to any danger — if danger there be — in the progress of this war, would be but as tTie idle wind. You might as well stand by the cataract of Niairara and say to its waters, " flow not," as to the American people. " a: nsx not territory," if they I'hoose to annex it. It is ihe refusal of the Mexican people to do us justice that prolongs this war. It is that which operates on the publ.c mind and leads the Senator from North Carolina to apprehend a state of things which he fears, but which for rayseif I do not an'icipatc. Let me say, Mr. President, that it takes a great deal to kill this country. We have had an alarming crisis almost t^very yr-ar as long as I can lecollecl. I came on the public stage as a spectator before Mr. Jefferson was elected. That was a crisis. Then came the embargo crisis — the 118 THE TEN HEGIMENT BILL. [Monday, crisis of the non-intcrcoursc— of the war— of the bank— of the tarifF— of the removal of the depositcs— and a score of others. But we have ontlived them all; and advanced in all the elements of power and prosperity with a rapidity heretofore unknown in the history ot nations. If we should swallow Mexico to-morrow I do not hehevc it would kill us. The Senator from North Carolina and my.selt may not live to see it, but I am by no means satisfied that the day will nol come in which the whole of the vast country around us will form one of the most ma<;nificent empires that the world has yet seen— glorious in its prosperity, and still more o;lorious ni the establishment and perpetuation of the prmciplcs ol free j,'overn- ment and the blessings which they brmg with them. Mr ALLEN.— I was not awfiro that this resolution was be- fore the Senate at all ; and therefore it will not bo supposed, that 1 intend to address the Senate on its subject matter H f ^"J^ '" me. Sir. that this government has always proceeded upon the as- rmpt'on, that in certain cases, it is proper to retrain trom giyins puXityto some portions of the public business, unti the whole has been consummlucd. It is upon that srouiid that these doois are so often closed upon the public. It is upon that g^uiJ- ^^t this Senate has so ol'ien refused, almost, to «"t«rt^";, ;;«^°'"* °"^ callin.r for matter touching the lorcign relations of the country before' the matter was consummated. For the same reason a part of the appropriations of this government, tx. the '-secret service fund" ,s placed under the guarranrec ol the President'.s honor ; and he turns the key and closes the door upon the public, with re- ','. J™i.de in,e,.l ton. "p... titer.- ,l,e KOvetiiiiieTit i.ts ^'otit >'" ■^"" "' . ■ , ,■ ,|,i^ reason, if let triotl.1,1 .11.1 S. ttinv l-Vi'irSto' i.l.lin» ttmt. men. B.t 1 1,0 Mltet,th,ill -""" ."'"/^""le;; the .olimteet. new In r»:st; ~3;; -H '€-;' ;?r ^ .f tS ;,?:= sri£=^3;ii;^£rr ■; t'^irs;''-ji5 :teEr;u^EtSK^=.,'£f«^^^^ s;i-,3ri^vg:i£|Ej-";Si= si^;ir=tt^ir.33'p-~ lead to its most speedy termination. . • -.-_,i:„„ sa"- ?';^t3tJi^i>:^<^rded^rf;;i;v:d^n;^^4^ini^:^tio;. 1^'SJ;i;:ition'^et ^oscs that all ^'^ ^f^^^^^^ what legislative ■'\ ^fP^f/f ";;!;,^^ 'tnt/th™^ 1^^^^^ the Mexican revenues are to ted eaed ,mo t^e t 5 .^ ^ ^ army. How much wdl . ''« ';»""'^ ^." „f encouragement as to matter ol ""(-e'tam conjcet ire. Bj wa> oi en the means o -"y;"?,.-;';^;^;:^,',^ X debt, XI must be nently P^^'^^ff '"-"'""''J,?,;^™"." But suppose it could be de- enormous, than fo a">""fS « '■e- J^ ,M „ ,.evenue-what a -Ts?^s;:mXp3S£i.i,e;.^--..ss the^irccedent of to-morrow Am^^ hen he^^^^^^^ ^l^^^^^^^ lawless ambition. On motion, The Senate adjourned. 124 PETITIONS AND RESOLUTIONS. [Tuesday, TUESDAY, JANUARY 18, 1848. Mr. NILES presented die petition of William B. Stokes, survi- ving partner of John N. C. Stockton and company, praying com- pensation for services in carrying the mail ; which was referred to he Committee on the Post Office and Post Roads. Mr. DIX presented the petition of settlers and occupants of lands in the Tonawanda Reservation, praying to be confirmed in their titles to said lands ; which was reterred to tbe Committee on Indian Afiairs. Mr. DIX presented the petition of Edward Mills, praying to be restored to the richts and benctits of a contract entered into by him with the Postmaster General for conveying the mail between the Ports of New V^ork and Bremen, which contract has been transferred to the Ocean Steam Navigation Company without his as.sent ; which was refen ed to the Committee on the Post Office and Post Roads. Mr. yULEE presented a memorial of Professors of Matliema- tics in the Navy, praying an increase of their pay ; which was re- ferred to the Committee on Naval Affairs. Mr. HANNEGAN presented the petition of David Wilkinson, praying compensation lor the benefits which the government has derived from his inventions for which he has received no pecunia- ry return ; which was referred to the Committee on Military Af- faii-s. On motion by Mr. PHELPS, it was Ordered, That Pamela Allen have leave to withdraw her peti- tion and papers. On motion by Mr. BALDWIN, it was Ordered, That the Committee of Claims be discharged from tlie fiirtlier consideration of the memorial of John Stanert ; and that it be referred to the Committee on Pensions. TRE.VSUBY STATISTICS, Mr. YULEE submitted the following resolution, which was re- ferred to the Committee on Finance, and ordered to be printed : Resolved. That the Secretary of the Treasiiiy be directed to communicate to the Senate the tbllou-ing statements : 1. A statement of the amoant of all revenues received tlirough eacli cnstom-hoiise, and the monies expended at each to defray the expenses of collection, from the earli- est practical period to June 30th. 1*17; classifyins the receipts and expenditures under dlftrenl head" asTar as the hooks of the Deparlmcnr will permit. 2. A statement of the quantity of land sold, the amount received therefor, Jm^^■ paid, and the expenses of collection, in each land district, from the earliest pr,actical iwnod to the SUlli June, 1847; dividing the expenditures under the usu.al difTerent heads. .1. A statement of the whole amount of revenne receiveiUnto the Treasury each year, from the earliest practical date to June 30, 1847; giving tlie source from whence the same was derived. 4. A statement of the expenditures of the government, from the earliest practicil time to June 30, )H47; separating the same under different heads of expenditure as lar as can be done Irom the records. 5 A statement of the importations and exporlalions of domestic and foreign "oorls in American and foreign vessels, to and from each countrv, from the earliest period practicable to June .30, 1S47. '^ 0. A statement of tlie tonnage of each district and State; and of the cUlsses of ves- sels; Irom the earliest ncriod practicable to June 30 1H47 iJir^/'TTTu'' '^l"'"'"" l<"">^' '•"(!»Sed in foreign trade, and in the coast- o^ired ,^1,1 f' ""''.'^'■.^">'"> «"ldoyed. and of foreign tonnage entered and :SprTcl;a,';,rrJ"m,:3o!'T«r"'' ''""■ ^"^■" -°''""'' ^'^'^^ <>om.l.e earnest f. ;^.';"!fr;i°''.L'y'i'.".r"i?':,">'"'i« '?«"ed on account of the marine hosp, l^nd:^Ifv;!;;t.;^,^s;:;i:'^ir ;^tr-; °^''^= -- '-^- -^'-^ 3[)tn Jilllf!, 184/ oni tiie earliest period practicable to the fir it further resolved. That thp Rpcrpt^inr «r ii.„ a . „. .1 u.J^_ or cigr^s ro, the •''^J's^z::^T^n;"^iJ::-tstJt::!z^ CONSTITCTION.\L POWERS. Mr. BAGBY submitted the followin ation : 1. """''''•rf, That the Constilnlion of the United «Jiiii~ i.» equal «,vcreign., by which they, and e.ic , of the , Hj^LTed'ctrtr''"'' Y]""" '°- 10 form n general government, (o, the eomnion bencf, K ,,V^ .'''"°'",^'' l'"""^" anil such as might become parties to il. ' " ''""" "" ""■ c»"lp»ct, 2. RtsMrtd, That the powers not thus deleealed bv llie „«rtl~ . i «L.'S";^'aX^i/=dr ittv t J:n";tu:,t;:r;'r 'rr- "° ^--^ »nd prO|»r to carry the grantea power, lato cir«i. ' ' ''' "* °'^ "^'''"y 4. Resolved. That the power to construct roads, cot canals, make harbors, or im- prove the navigation of rivers in any one or more of the States or territories of thii Union, is not among the powers expressly granted to the general government, by the Constitution, nor, is the exercise of such a power necessary and jiroper. to carry any of the granted powers into effect. 5. Resolvcil, That the power to build piers and docks, erect buoys and light- houses, and improve the harbors on the lakes, if it esisu at all, is not derived from the power to regulate commerce, but from the power to provide and maintain a navy, fi. Resolved. That the government of the United States does not possess the pow- er to create, originate, ordain, establish or carry on commerce between or among tlie States of the Union, but only to regulate such commerce as the States, or tlie people thereot may create, originate, ordain, establish and carry on between or amoni; them- selves. 7. Resolved. That any attempt by the general government, under any pretext whatsoever, to construct toads, cut canals, or impros-e the navigation of any river within the limits of any one or more of the States of the Union, or within any territo- ry, is a palpable violation of the Constitution; and if it be within the limit., of aState or States is a direct and dangerous encroachment on tlie righti and sovereignty thereof. Upon presenting the resolutions Mr. BAGBY said : That nothing was further from his intention than to consume any portion of the time of the Senate at present in discussing the resolutions he had the honor to submit, or any other proposition not intended to be followed up by some act of practical legislation. He had an aversion to abstractions, general- ly. He could not be mistaken, however in supposing that these resolutions related to and embraced subjects of vast and momen- tous importance to the people of the United States, and he should, as soon as the measures lor the continued vigorous prosecution of the war were disposed of, ask the deliberate action of the Senate upon them. At present he moved that they lie upon the table and be printed. The motion was agreed to. MEXICAN TERRITORY. Mr. BALDWIN submitted the following resolution for consid- eration ; Resolved. That the President of the United States be requested to commnnicate to the Senate any information he may possess in regard to the extent and value of the public domain (if any) belonging to llie Republic of Mexico, and also in regard to the power of that Republic, under the fundamental laws thereof, to cede to any foreign government, whether monarchical or republicau, the sovereignty and dominioil over any of the members of that confederacy, or the people thereof. ATTACHMENTS. Agreeably'to notice, Mr. WEBSTER asked and obtained leave to bring in a bill to make attachments, which are made under pro- cess issuing from the Courts of the United States, conform to the laws regulating such attachments in the Courts of the States; which was read a first time. Mr. WEBSTER.— As I stated yesterday, this Bill was before the Senate last year and passed without objection. I will state its objeet, sir, very shortly; and if no Senator should object to it now, I hope it vviU go through the forms of legislation without being again referred to the Committee; and I wish particularly to draw the attention of the gentleman who is at the head of the Commit- tee on the Judiciary. There arc, in the Courts of the New Eng- land States, processes called attachments which are levied upon the property of the defendant in the suit. Various laws, at different times, have been passed by the States to palliate what seems la.bo the severity and injustice of the old long-continued modes of prac- tice. By a law passed in 1794, process in the Courts of the United States was made dependent upon processes in State courts, as they then stood. In the course of legislation it htis been found quite necessary for the purposes of justice to alter and modifvtliese pro- cesses. But the law of Congress does not follow these modifica- tions, and my object now is To render the proceedings upon pro- cess issued out of the Courts of the United States, conformable to the practice of the State Courts in the same States. The object is so plain that, without detaining the Senate further unless some gen- tleman wishes further explanation, I should be glad if the Bill would be permitted to be read a third time and passed. Mr. ASHLEY. — I would ask if this is the same Bill that was before the Senate last vear? resolutions for consider. Mr. WEBSTER.— Exactly the same, word for word. Mr. ASHLEY. — This Bill received the un.animous concurrence of the Committee on the Judiciary, from which it was reported without an amendment. The Committee, however, is now some- what differently constituted from what it was then. The said bill was then read a second time, by unanimous con- sent, and considered as in Committee of the Whole; and no amendment being made, it was reported to the Senate. January 18.] PRIVATE BILLS. 125 Ordered, That it be engrossed, and read a third time. The said bill was read a thii'd time, by unanimous consent. Resolved, That this bUI pass, and Uiat the tide thereof be as aforesoM. Ordered, That the Secretary request the cononrrence of tlie House of Representatives in this liiU. PROVIDENT ASSOCIATION OF CLERKS. Mr. CAMERON, from the Committee on the District of Co- lumbia, to whom was referred a memorial of the Provident Asso- ciation of Clerks, reported a bill amendatory of an act entitled "An act to incorporate the Provident Association of Clerks in the Civil Department of the government of the United States, in the District of Columbia," approved 3d March, 1825; which was read, and passed to a second reading. PRIVATE filLLS, ETC. Mr. JOHNSON, of Louisiana, from the Committee on Pen- sions, to whom was referred the petition of Elizabeth Jones, sub- mitted a report, accompanied by a bill for the relief of Elizabeth Jones, and the other children (it any) of John Carr. The bill was read, and passed to the second reading. Ordered, That the report be printed. Mr. JOHNSON, of Louisiana, from the same committee, to whom was referred the memorial of Thompson Hutchinson, sub- mitted a report, accompanied by a bill for his relief. The bill was read, and passed to the second reading. Ordered, That the report be printed. Mr. BALDWIN, from the Committee of Claims, to whom was referred the memorial of Hugh Munro McLean, submitted an ad- verse report; which was ordered to be printed. GENERAL SCOTT's PLANS, ETC. The Senate proceeded to consider the resolution submitted by Mr. Mangum, on the 13th instant. Mr. MANGUM modified the resolution, so as to read as fol- lows : Resolved. That the President of the Uniteil Stales be requested to lay before the Senate conlidentiallv, or otherwise, all the plans, estimates, and calculations, present ed bv General Scott^ as in his opinion beat adapted to attain the objects ol the war. and his opinion touching the military means necessary to accomplish the objects ol onr government in any and all the alleruatiye views that have been considered by the Executive or suggeste'd by Genersil Scott, to bring the war with Mexico to a close. Mr. MANGUM said : The resolution as at first introduced con- tained the usual clause, " if it be not incompatible with the public interests," because it is regarded as due to official decorum, when a matter is to be laid before the Senate in open session. The resolu- tion as now modified leaves it to the discretion -of the President to lay the information before the Senate, either confidentially or other- wise. It becomes necessary, therefore, to strike out the latter part of the resolution as it originally stoodj because I do not recognize any right in the President to withhold from this body any informa- tion that may be necessary to bring them to a correct determina- tion. I think, sir, that under our system we are entitled to all the information which pertains to the official discharge of our duties. Mr. SEVIER. — It is not my purpose to discuss this resolution, but I must be allowed to say, that calling upon the President for the plan of a campaign recommended by the commanding General, seems to me to be wholly without example. And, I believe, sir, that the view which I entertain in relation to it, is also entertained by many gentlemen here. Mr. SEVIER moved to lay the resolution upon the table. Mr. MANGUM demanded the yeas and nays, which were or- dered, and being taken, resulted as follows : YEAS.— Allen, Ashley, Atberton, Bagby, Bradbury, Bright. Butler, Cameron, Cass, Davis, (of Mis';.) Dickinson, Di.\, Douglas, Downs, Felch, Hannegan, Huuter, Lewis, Moor. Sevier, Sturgeon. Turney, and Yulee. — 23. NAYS. — Badger, Baldwin, Bell, Berrien, Calhoun, Clarke, Dayton, Greene, John- son, (of La.) Mangum, Miller, Niles, Pearce, Phelps, Rusk, Spruauce, Under%vood, Upham, and Webster, — 10. So it was Ordered, That the resolution lie on the table. MAP OF NEW MEXICO. The Senate proceeded to consider the following resolution sub- mitted yesterday by Mr. Cass, and it was agreed to : Resolved, That the Secretary of the Department of War, famish the Senate with the report and map of the examination of New Mexico, made by Lieut. J. V\'. Abert, corps of Topographical Engineers, while attached to the command of General Kear ■ nej. PRIVATE BILLS, ETC. The Senate proceeded to consider the report of the Committee on Finance, on the memorial of Henry Simpson, administrator of Georae Simpson, deceased ; and on motion by Mr. Phelps, it was laid upon the table. The following bills were severally read the second time, and considered as in Committee of the Whole ; A hill for th»relief of Milledge Galphin, executor of the last will anil testament of George Galphin, deceased. A bill for the relief of Thonj.as Talbot anil others. No amendment having been made, they were severally reported to the Senate. Ordered, That they be severally engrossed, and read a third time. The said bills were read a third time, by unanimous consent. Resoled, That they pass, and that their respective titles be as aforesaid. Ordered, That the Secretary request the concurrence of the House of Representatives therein. THE TEN REGIMENT BILL. The Senate resumed the consideration of the bill to raise, for a limited time, an additional mihtaiy force. Mr. BADGER said: If I believed, sir, that the duty which I owe to the country and to the State which has sent me here, could be performed by yielding to the requisitions of the Executive of the country such supplies as he may deem requisite for the prose- cution of the war. upon plans for prosecuting it which have not been made known to Congress— if I believed that I had not ahi^h, and controlling obligation to exercise my own best judgment for the benefit of those whom I represent, and for the general welfare of the country, upon every question submitted to the consideration of this body, I'might be disposed to vote for the bill upon your table. If, sir, the yeas and nays had not been ordered upon the passage of this bill, I might have been content to permit the mea- sure to pass, as far as I am concerned, without offering a single word to the Senate upon its intrinsic merits. But the yeas and navs have been ordered upon this bill. I cannot vote for it. I shall record my vote against it; and, I think it is due to the coun- try—I feel that it is due to myself— that the views and principles which will govern my conduct in giving this vote should be plainly and distinctly stated, and should accompany, to the piiWic, the vote itself. I shall endeavor to assign those views and princi- ples in as short a compass as is consistent with a fiill exposition of what I believe to be the truth on this all important subject, and which every consideration obliges me to put before those whom I represent, without any unnecessary diminution, without lea- vinp- out any thing that may be required in a full and com- plete expression of the argument which, in ray mind, is conclu- sive in recard to the measure before you. I shall offer my own opinions, lir, with entire respect, and even deferential considera- tion, to the great minds of this body and throughout the country, whom I know to be arrayed against me. Without intendiug to- wards them any disrespect, I shall take the liberty to declare vrhat are the opinions which I entertain with regard to the origin of the war the manner of its prosecution, the tendency of the measures now' proposed, and the schemes that are evidently entertained by the Executive of the country in relation to it. I shall not go as far back, sir, as an honorable Senator from Maryland did a few dajs ago,' (I mean the honorable Senator from that State who first adclressed the Senate upon this bill,) but, nevertheless, I shall be under the necessity of going a little back for the purpose of making myself fully understood. First then, I will lay it down, and endeavor to demonstrate, that the war in which we are now engaged with Blexico, was the immediate result of the unlawful and unconstitutional act of the President of the United States. I suppose, sir, that there is no gentleman on this floor or elsewhere, who supposes or believes that the President of the United States is vested with the war power of this country. It is a power expressly, and in terms, conferred upon the Congress of the United States. And the Presi- dent would have no control over it, direct or indiiect,except from the incidental circumstance of his limited veto on the action of the two ' Houses, and except, from the I'act, that in virtue of his office he is the chief commander, the principal military officer of the United I maintain then, Mr. President, that when the President of the United States moved the troops under General Taylor to the Rio Grande and took possession of the left bank of that stream, he committed a clear and undoubted act of war. What is war ?— What do all the writers on tlie law of nations tell us it is ? They all, in substance, define it to be a contest about rights which is carried on or maintamed, not bv argument, but by force. It can, therefore, admit of no question, that when a nation claiming cer- tain rights, which are disputed by another, undertakes to support those lights by force, she undertakes to support them bv war— war as far as she is concerned. It is true, if the act of violence or ag- gression on her part, be not resisted by the nation that suffers it— it 126 THE TEN REGIMENT BILL. [Tuesday it be patientlj and tamely submitted to — no war results To con- stitute war, It is as essential that there should be two parties, as it is, that there should be two parties to a treaty of peace. The aet of one nation cannot alone constitute war; it is like the case of an individual striking a blow: if it be not resented, no contest, no battle, no tiglii is the result. The blow is an act of aggression; it is an act commencing a contest, but it does not amount to a perfect contest. Whether this act on the part of the President was an act of war, of hostility, of aggression, depends not at all upon the question, whether we had a right to the territory of which lie took forcible possession. War, betwecH nations, prc-supposes a contest about rights. The publicists, who sneak of contests between na- tions, never suppose them to contend e,\cept about rights. War is a contest about rights. Public war is a contest between nations about rights, carried on by force and not by argument. If, ihcrc- fore, it were assumed as clear and uncjucstionable that the title of Texas and the United States extended to the Rio Granile. it is still beyond all doubt, that Mexico possessing the left bank of that streaiu, having .settlements there, having otlicers there, and exercising jurisdiction there — any movement to dispossess Mexico, to occupy what she thus occupied and what she claim- ed to be her own,' is an act of war. It is an act of war just and rightful if the territory be ours— just and rightfid if the ter- ritory be unjustly and improperly ^vithheld— just and rightful, if also the act of war be directed by those who represent the sovereignty of the nation. Well, sir, this act was directed by the Prt'sident of the United States. He ordered the troops to tlie Rio Grande. They advanced. When they came into the Mexican settlement, the inhabitants fled before them in dismay; the officers abandoned the public buildings and set tire to them, and under such circumstances, our forces under the command of officers of the United States, took from Mexico that which she was in posses- sion of. and by force kept possession of the territory and placed it under the jurisdiction of the United States. Now, sir, on this subject I had the honor at the" last session to brin" to the attention of the Senate, the action of Mr. Jefli?r- soii, during his administration of tliis government, luider cir- cumstances of a very siniilai character, with this difference, that the title of the territory withheld from us was truly and clearly ours. In every other respect the case was like this. The ter- ritory was withheld by another power, and a disposition mani- fested by that power to deprive us of what we held. Under these circumstances^ Mr. Jefferson conceived that he had no right to use the military force of the country to obtain posses, sion of that which was witliheld from us, though clearly ours. And he states as the reason for referring the subject to the deter- mination of Congress, that matters relating to peace and war be- long exclusively to that body, and not to him; and as this movement might change the relation of the two countries from peace to war, therefore, if belonged Congress to determine whether the move- ment should bo made. But Mr. President, I have other authority. I certainly shall notsay that it is more respectable in itself, than the authority ot Mr. Jeffer- son. I doubt very much whether with a large portion ot the Ame- rican people, and of the Senate it will be thought <)uite e(iual to Mr. Jeli'erson's. But upon this question, with respect to the Pres- ident of the United States, the authority is conclusive and over- powering. It creates upon him, what lawyers call an estoppel, for I am able to show that the President of the United States has him- self recognized that .such an act as this is an act of hostility — of aggression — of war. On the 11th of July 1845, the Secretary of the Navy writes a confidential communication to Commodore Conner, then commanding in the Gulf of Mexico. — He says : Tlie nnaiiiiDOTiii vote of tlie Texan Conpiess for annexation leaves no ilonbt of ttie conKUiuination of tliat. measure. Wlieu you aseertain, satjsfaotoiily, that tlie Texan fonveutiou. which assemljled on the 4th. has also acceded to aniiexatioTi, you will re- gard Texa-sfl.v a /tart of yfiurctmntrtj — to lie defended like any other part of it. At the same time, every hororahle eflbrt is to he made to preserve peace Wltli all na- tions. The restoration of our l)onndaryon the southwest, by the consent and choice of the i>cople of Tex:Ls, is due to the strong attraction of the principles of hberty. which endear America to every one of iLs sons, and is a tribute before the world to the po- licy of peace, of political freedom, ami of union on the principles of freedom. It is tlie President's desire that this great event sliould be consummated without the effusion of blood, and without the exercise of force ; lielieving that free institutions, in their own rijiht, will acliievixall that can be desired. I read this part of the coiumunication, for the purpose of shew- ing though this paper was written on the 1 1th of July— prior to the actual consummation of the act of annexation— yet the instructions to which I propose more particularly to call the attention of the Se- nate, are given prospectively— cautiously— and with a view to the actual completion of that measure, when, as appears from the in- structions themselves, the oificer to whom they were directed was required to consider Texas as a part of this country. The letter proeectis : "To secure tin., end most eircclunlly, you are idiaijed to commit no del iifiiirn-cssimi ■ and at the same time, you are invested witli the conuuand of a force sullicieiit to take ("romolhen a disposition lofwutilcacts." Then after enumerating the force at the ofricer's command the Secretary says : ' ••Tlint yon may precisely nndewnnd what i, meant hv the a^,Trss,im wliicb von ore iii»tructi-d to avoid. I will add, ih.at while ibo aunexatioir of Texas extends oar boundary to the Del Norte, the President reserves the vindication of our bouudarv IT poulble, lo mcl/iods of peace. Von will, thciffoix', not cmydoy farce to dislndec Mexican troops from any (lost east of the Dot Norte wliich was in Uie ocluol iw.tsfssiuit t>J Otr Mexicans at the time of anneiatioli. Mould jVcj-ico declare tear, yon wiU at once iillodge her troops from My jiosl she may have east of the mouUi of the Del Norte ; lake possession of Tampico ; and if your force is siiHicient, will take the castle of San Juan d'UIioa, it being the determt ualioK of the President to pt^?erve perue. if possible ; and, if war comes, fo recover peace by ailopting the most prompt and energetic meatures."* Again : The Secretary of War writes General Taylor under date of July 8, 1S45 : " This department is informed that Mexico has some military establishments on the east side of the Uio Grande, which are, and for some time have been, in the actual occupancy of her troops. In carrying out the instructions herptofore received, you will be careful to avoid any .acts of itirtt-rcsswn unless an actual state of war should exist. The Mexican forces at the posts in their possession, and which have been so, will not be r//.s7HWjc(/ asloiigasthe relations of jieace between the United States and Mexico con- tinue." Here we hiive from the representatives of the President in the two Departments, War anil Navy, a clear and distinct recog- nition of this proposition, that, although the President held our true boundary to be the Del Norte, yet it would be " an act OF AGGRESSION," "' A HOSTILE ACT," an act which would not be justifiable except in a state of war, to dispossess Mexico from any portion of that territory of which she held possession at the time of the annexation. When, therefore, orders were issued to General Taylor, on the 13tli of January, ''4(), to advance and occupy a position on the left bank of the Rio Grande, admitted to be in the possession of Mexico, the President ordered what he then, undoubtedly, understood to be an act of war. He ordered what he intended, and what he supposed would be regarded on the part of Mexico, as an act of hostility — of aggession. For, sir, you will observe, that when General Taylor, in the execution of this order, advanced to the Rio Grande, and drove the Mexicans from their possessions — when he occupied what had before been oc- cupied by the Mexicans — and these facts were reported to the Pre- .sidcnt, there was not the slightest intimation on his part that General Taylor had exceeded the scope of the orders which had been given to him, and had thus been the means of precipitating the country into a war, whicli, by a prudent forbearance, might have been avoided. On the contrary, up to this very moment, all that was done in pursuance of that order, has been recognized by the President as having been rightfully done, as having been done in accordance with the purposes which the Executive had m view when the orders %vere given. But, sir, if the act was not an act of war, it was plainly and manifestly an act which was likely to produce a state of war. It was an act the tendency of which was to change the relations qf Mexico and this country from a state of peace to a state of war. Can there be any doubt of this, sir ? It is impossible to doubt it, when we recollect the unhappy and angry state of feeling which existed between the two countries. When we recollect the posi- tion which our army held at Corpus Christi for so many months, and the disputes existing between the two coimtries — the mutual charges of insmeerity , and breaches of faith — when we recollect all this, it must be manifest that such an act as moving an armed force to the Rio Grande was, in itself, if not an act .of war, at least one which wore the appearance of aggression, and one wliich. was calcidated to rouse the feelings of the Mexicans, and to pro- voke retaliation. Thus much must be conceded ; and, if so, sir, whence did the President of the United States derive his power to do tliis without the consent of Congress. According to Mr. Jefferson, an act which in its execution may change the relations of the country from peace to war, is an act be- yond the competency of the Executive, and to be passed upon only by Congress. The Constitution has undergone no change, the people have made no amendment to it — it stands now as it stood in the time of Mr. Jefferson. Whence, then, has Mr. Polk derived his authority to precipitate measures which must lead directly to war — Con- gress being in session — without taking their advice or even deigning to inform them of what he proposed to do ? But, sir, at all events, there is not the sUghtest reason to doubt, as I apprehend, that the movement of the troops upon the Rio Grande was the act which pro- duced war. There had Ijeen, previously, threatenings on the part of Mexico. There had been exactly that state of feeling which was likely to result in war. But there had been no war, and my conviction is clear that if our troops had remained quiet at Corpus Christi, where they lind a right to remain, on the ground so strongly put by the Senator from Maryland, (Mr. Pearce,) that it belonged to Texas by virtue of her revolution, and was then in her posses- sion, there woidd have been no war. But at all events, supposing that war would have been produced in some other manner, or by some other movement, though our troops had remained, which is mere matter of speculation, yet it cannot be tjcnied, that in point of fact, this war — the war in which we are nvto engaged — was the irmuediate result of the movement of our troops upon the Del Norte, and nothing else. That movement was an act of war — it was, at all events, an act directly tending to change the relations of the two countries from jieaee to war ; and, therefore, an act which the President could not lawfully or constitutionally perform. The next proposition which I lay down is, that this war, thus resulting from an act of the President, has been |)rosecuted by him from the commenceraciit with a view to the conquest — the penna nont conquest — of at least New Mexico and Llpper and Low- er California. I beg the attention of the Senate while I at- tcnijit to demonstrate this proposition from public doeiuuents. — First, sir, I will call the attention of the Senate to the instruc- tions given by the Secretary of War on the 3d of Juuc, '46, to General Kearney : • Doc. a. R. 10— 2d Sess. !9th Congiess. January 18. J THE TEN REGIMENT BILL. 127 "ghonld yon conqner and take posseaion of New Mfxjcoanil U|i|iei California, or considerable places in either, you will establish Icmparanj cu'il gasernmcnis themv— aboli»hin» all arbitrary restrictions that may exist, so \ax as, it may be done with safety. In perlbrmin" this dnty, it would be wise and prudent to continue in then employment all such of llTc exisling officer as are known to be friendly to the Ilnitod States, and will take I*f oMh of allnriancc to llicm. The duties at the eustom-houses ought, at once to be reduced to such a rate as may be barely sutficient to niaintam the necessary officers williont yielding any revenue to the Kovernniciit. You may a.ssure tile people of those provinces that it is'tho wish and design of the United Stales lo primile for Ihemafrec govemmmt, with the least possible delay, similar to that which exists iii our Tfrrritorifs, They will then be cal>*d on to exercise the rights ol trcemen in elrct- itm their own representatives to the territorial Ugislaturr. It is lorsceu that what relates lo tlie civil government wdl bo a difHcult and unpleasant part of your duty, and much must necessarily be lel\ to your own discretion."* In further proof of ihts, I read the instructions given by the Na\7 Department to CommotJore Sloat, 12th July, 1846 : "The object of the United Slates is, under its rights as a belligerent nation, to possess itself entirely of Upper ('alifornia. . ,. ■ "The object of the United States has reference to ultimate peace with Mexico; and if, at that peace, the b.asis of the uti imssiihtis shall be established, the government expects, through your forces, to be found in actual possession of Upper Calirornia. "This will bring with it the necessity of a civil administration. Such a "overument shoulil be established under your protection; and, in selecting persons to hold ottice, due respect should be had to the wishes of the people ol California, as well as to the actual possessors ol authority in that province. It may be proper tn require an oath of allegiance to tlitc United t>t!ites frmii those who are intru-:rt'd with authority. Von will also assure the people of California of the protection of the United States. "At'ter von shall liave secured Ujiper California, if your force is sufficient, you will take possession, and keep the harbors on IheCulf of California as far down, at least, as Guaymas. But this is not to interfere with tlio permanent occupation of Upper California. "t Then, sir, on the 13th of August, we have instruetions from the Navy Department to Commodore Stockton, or the conunanding officer, in the Pacific : "You will tnkc immrAiatc possession of Upper California, especially of the three ports of San Francisco, Monterey, and San Diego, so that it the treaty of peace should he made on the basis of tlie utipossidetns. it may leave California to the United States." ******* " Having provitled for fliefvl/ possession of Upper California, the next point of im- portance is^the Gulf of CHlilbrnia. From the best Judgment I can form, you should take jjossession of the port of Guaymas. The progress of our arms will probably besuch that, in conjunction with land forces, yon will be able to hold possession of Guaymas. and so to reduce all the cocstry NORTn or it on the gulk."^; Now, sir, in order to understand the scope and bearing of these orders still more clearly, let us see what was done under them by the officers to whom they were addressed. In a letter of General Kearney to the Adjutant General of the 24th August, 1846, written from Santa Fe, he says : "On the 93d I issued a proclamation, etniming the whole of Xew Mexico, with its then boundaries. Its iLtcrritorij of tlu United Slalis of .Imtrica, and taking it under our protection."^ In another part of the same letter, he says : "On my return (which will be in two or three weeks) a civil government shall be organized, and the officers appointed for it; ailer which, 1 will be ready to start for Upper California, which I hope may be by the latter end of next month: and in such case, I shall expect to have possession of tliat department by the close of November. Then we have General Kearney's proclamation, -in which he announces his intention to hold New Mexico as a part of the Uuited States, under the name of the " territory of New Mexico." " As, by the act of the republic of Mexico, a state of war exists between that gov- ernment and the United States ; and as the undersigned, at the head of his troops, on the 18tli instant, took possession of Santa Fe. the capital of the department of New Mexico, he now announces his intention to hold the drptirtmcnt, with its original bound- aries, (on both sides of the Del .Yttrte.) AS a part of the U.mted St.vtes, and under ihe name of " the Territory of New I\Iexico." ******** " The undesigned has instructions from his government to respect the religious in- stitutions of New Mexico — to protect the prouerty of the church — to cause the worship of those belonging to it to be undisturbed, anu their religious rights in the amplest man- ner preserved to them ; also to protect the persons and property of all quiet and peace- able inhabitants within its bouinlaries against their enemies the Entaws, Ihe.Nava- joes, and others ; and when he assures all that it will be his pleasure, as well as his dnty, to compiv with those instructions, he calls npon them lo exert tjiemselves in pre- serving Older, in promoting concord, and in maintaiuing the authority and efficacy of the laws. "And he requires of those who have left their homes and taken up arms against the troops of the United States to return forthwith to theit, or else they will be con- sidered as enemies aad traitors. suhjecUn^ their persons to mtnishment, and their property to seiinrc and confseation tor the benefit of the public treicsury. "It is the wish and intention of the United States lo provide for New Mexico a free government, with the least possible delay, similor to those in the United Statt.^; and the people of New Mexico will then he called on to exercise Uie rights of freemen in electing their own representatives to the territorial legislature. But, until this can be done, the laws hitherto in existence will be continued nntil changed or modified by competent authority; and those persons holding office wdl continue in the same for the present, provided they will consider themselves good cttizcjis and are willing to take the oath of allegiance lo the United States. "The United Slates hereby absolves all persons residing within the boundaries of New Mexico from any J^urtlier allegiance to the republic of Merieo. and hereby claims th|m as citizens of the United states. Those who remain quiet and neaceable will be considered good citizens and receive protection— those who are found m arms. or instigating others against the United States, wUl be considered traititrs, and treated accordingly.W What was the action of Commodore Sloat ? How did lie inter- pret and understand the orders he had received ? We have distinct information upon this point, communicated in the procla- mation of Commodore Sloat to the people of California. He says: ^' Hencefortcard California will be a portion of the United ■'Slates, and its peaceable inhabitants wdl enjoy the same rights and jirivileges they now enjoy, together with the privilege of choosing their own magistrates and other officers, for the adininistr.ition of justice among themselves, and the same protection will be extended to them as to any other State in the Union. They wUI also enjoy & permanent govenlTnent."^^ * Doc. H. R. 10— 2d sesi. 2901 Congresr— pp. .i. f " " " " til-2. J ,. .. .. .. (,.1 SN " " " - " 19-20. II " " . " " 30-21. IT " " • " " 102. And in a general order of July 7, 1846, he says : " It is not only our duty to take California, but to jiresene it afterwards, as a part of lite United .Stntes, at aU hazards." What was the understanding of Commodore Stockton ? "The Territory of California now tfelongs to tJie United States, and will be govern- ed, as soon as circumstances will [lerrait, by officers and laws similar to those by which the other Territories of the United States are regulated and protected." Now, sir, it is impossible, I think, to read what was done — what was reported by our officers to the President as having been done by them — without seeing that they understood and acted on his in- structions, as designed to make a permanent conquest of such por- tions of Mexican territory as they were instructed to take posses- sion of. There is not one word said in the instructions — nothin" declared in the actions of the officers obeying those instructions — which referred or appeared to refer to a military occupation of those territories, for the purpose of compelling Mexico to do us justice for the wi'ongs we had sustained at her hands — on the con- trary the instructions to General Kearney before read, require him lo establish temporary civil governments therein, and authorize him to assure the people of the design of the United Slates to provide for them a free government similar to that which exists in our ter- ritories. These officers clearly understood that they were to take possession of, and hold, those territories as a portion of the United States. What says Commodore Stockton in his proclamation ? "I, Robert F. Stockton, commander-in-chief of the Uniied Slates forces in the Pa- cific ocean, and Governor of the Territory of California, and comniander-in chief of the anny of the same, do hereby make known to all men, that, having by right of conquest taken possession of that territory known by tlie name of Upper and Lower Calilbrnia, do now declare it to be a Territory of the United States, nnderthe name of the Territory of California," They accordingly took possession. They organized govern- ments — -and they acted in all respects as if from that time forward these territories ceased to be the property of Mexico, and became for all time, the property of the United States. Now did they understand their instructions aright ? Why, sir, in the message of the President of the United States, commu- nicating those documents to us, there is something said which im- plies a disavowal of something that was done, an intimation that in some respects the instructions had been exceeded.'' Thesedocnments contain all the " orders or instniction.s" to any milrtary or naval officer of the government, "in relation to the establishment or organization of civil go- vernment in any portion of the territory of Mexico." ♦ * * * " Among the docuiiients accompanying the report of the Secretary of War will be found "a form of government" " establlslied and organized" by tjie military com- mander who conquered and ocenpied with his forces the territory of New Mexico. This document was received at the AVar Department in the latter part of last month, and, as wUI be I^ercci^■ed by the report of the Secretary of War, was not, for the reason stated by that officer, brought to my notice until after my annual message of the 8tli instant W'as coinmnnicated lo Congress. It is declared on its face to he "a temporary govem- mentofthe said territory;" but there are portions of it which purport to establish and organize a permanent territorial government of the United States over theterritorx-, and to impart to its inhabitants political rights, which, ouder the constitution of the Uniied States, can be enjoyed permanently only by citizens of the United States. These have not been approved and recognized by me." The Secretary of War in the -raport referred to by the Presi- dent, states that " the organic law of the territory ot New Mex- ico was not received until the 23d of November; and, because of its being voluminous, was not read by him or submitted to tho President until after his annual message was sent in." It appears, then, upon the stateinent of the President of the United States and the report of tho Secretary of War, that the ^^organic law" established by General Kearney for the government of the territory of New Mexico, in consequence of its late arrival — late with relerence to the then succeeding session — had not been read by him and submitted to tho President and his orders taken with respect to it. Well, now that is the only one of the docu- ments of which it is intimated that the contents were not known by the proper department and communicated to the President and approved and sanctioned by him. Therefore it is a reasonable, just and necessary conclusion that every one of the other docu- ments, except the one thus specified and taken out by the excep- tion, had been read, considered and approved. And further, even in reference to General Kearney's ''organic law" nothing is ex- cejited by the President but_this : that he undertook to make that law a jiermanent form of government — whereas the President in- tended a permanent occupation, with a permanent government to be finally settled by Congress, leaving to the military officer the establishment of a temporary government only. No exception was taken by the President to General Kearney's proclamation of the 24th August, declaring his intention to hold New Mexico ''as A PART OF THE UNITED St.a.tes" — none to his requiring .4LL THE inhabitants to betdrn TO THEIH HOMES ou paih of being con- sidered TRAITORS, and subjecting their persons to punishment, and their property lo confiscation — none to his requiring the office-hold- ers to consider themselves "citizens of, and to t.vke .\n oath OF ALLEGIANCE TO, THE UNITED STATES'' — none to his declaring the intention of the United States to provide a civil government for New Mexico with a territorial legislature- — none to his .absol- ving in the name of the United States the inhabitants of that country from their allegiance to the republic of Mexico — and finally, none to his claiming all persons residing within that terri- tory as citizens of the United States, and denouncing the doom of traitors against all of them who should be found in arras against us. To nothing that was done, by either Commodore Sloat or Commodore Stockton, in regard to these matters, is any exception 128 THE TEN REGIMENT BILL. [Tuesday, taken ; yet, Commodore Sloat proclaimed to the inhabitants of California — as early as July, 1846 — that then'cefokward, Cal- IKORNIA WOULD BE "a PORTION OF THE U.MTED STATES,'' and would enjov ''a permanent c.overnjient.'' And, in his gene- ral orders, issued July 7th, he says to the troops who were about to be landed on the eoast, that it was their duty not only to take California, but to preserve it afterwards as ''A part ok the Uni- ted States" at all hazards. And Commodore Stoekton by his proelamation makes known to all men, that ho has by right of con- ([uest taken possession of the territory known as (Tppcr and Lower Cahfornia, and declares it to be "the territory or the Uni- ted States;" under the name of -'the territory ok Cali- fornia." And again, on the 17th of August, he declares that the territory of California now belongs to the United States, and will be governed, as soon as circumstances permit, by ollicers and laws similar to those by which other territories of the United States arc regulated and governed. . Here, then, we .see ollicers acting under the authority of the President, without rebuke from him, claiming and establishing civil governments in New Mexico and California, as the permanent territories of the United States; claiming their inhabitants as our citizens, promising them a permanent form nf government, and denouncing them iis traitors if Ihey should take uji arms against the United Stales. What is this but conquest? What is it but seizure and permanent annexation bv force of arms? This, then sir, I pre- sume the President designed' to do at the very time when he called upon the country for a recognition of this war, and for men and money to prosee'ute it. No intimation is given to us in any of his correspondence— if he did not then entertain the design— at what time the chance took place in the Presidential mind. In June. July, and August, from the Navy and the War Departments to all 'the odiccrs charged with carrying into execution the wishes of the President in the prosecution of the war, we have the same general tone of instructions, and we have all these officers seizing territories and treating them as a jiermaneiit part of the United States. And to these proceedings the President takes no excep- tion ! He docs not intimate, by'the slightest breath of disappro- bation, that the zeal of these commanders has exceeded the purpose of the Executive ! I must .suppose then, that conquest was the object for which the President jiro-secuted the war from the beginning, and not indemnity. Why, .sir, IS it not a singular mode of securing indemnity if .'^uch had been his purpose. At the commencement of the war, what did ho want indemnity for? Mexico, it is true, owed to our citizens money. If the object had been to seize the Mexican territory and simply to hold it by military occupation in order to compel Mexico to recognize and discharge her dehts to us, why is nothing of this kind mentioned in these instructions? Why did these officers treat the territories of which they obtained possession as a conquest, which was to become a portion of the United States? Why is it that no intimation was given to them or to us that the object had been misunderstood — that the possession which they held of these territories was as a sort of mortgage, or in the nature of a secu- rity until the payment of the debts due to us by Mexico ? And above all, if indemnity, if enforcing payment of what was due to our citizens, and not conquest, or permanent annexation, was the object of the war, why did the secretary, as early as the 3d of June, 1846, authorize General Kearney to assure the people of New Mexico and Upper California that it was then "the wish and design of the United Slates to provide for them a free government similar to that which exists in our territories." But this view of the subject, I think, becomes still stronger when we consider the mode in which the President carried on his negotiations. Mr. Slidell was sent to Mexico, in the month of November. I believe that his credentials bear date on the 10th of that month. Well, when he went to Mexico he was not rcireived. Why was he not ? The President tells you that Mexico, in spite of her plighted word, insultingly refu.sed to receive our minister. Well, now it is plain to me — it is evident, when adverting to the correspondence which took place between our consul at Mexico and Scnor Pena y Pena — that it never was' the design of the then executive government of JMexico to receive a "minister resident" from the United States. On the 15th Oc- tober. l.*?4o.tliat minister writes to oui- consul, Mr. Black, "my government is disposed to receive the commissioner of the United States who may come to this capital with full powers from his government to settle the present dispute." And af;er- wards, Mr. Slidell having arrived, the objection to his reception was that bis crearlies. hy a line which shall at once be satisfactory and con- venient to hoth. and sneh as neither will liereafter be inclined to distnrb. This is the best mode of securing [K?rpetual peace and good neiifhborhood between tlie two repubiics. Slioahl tite Mexican jrovernment, in order to accompHsh these objects, be willing to eiila any ]K>rtion of tlieir territory to the United States, we ought to jiaij thr}ii tr fftir equifnlrvf : a jitst ami lioviirnblc peace, and not coNQfKST, being our purpose in the prosecution of the war." Now what notion the President att.iches to the term "conquest," I do not ktiow ! To me it seems plain that what had been direct- ed to he done before this message was written, and what was afterwards done liy the military and naval officers of the Govern- ment not only without rebuke, but with the express recognition of the President of tlie United States, is direct, clear, and unques- tionable conquest, I understand conquest in this connection as meaning the seizure of the Territory of another nation by force — ■ whether it is to be held by force, or whether a consent to our retaining it, is to be extorted by the power of our arms. Again, sir, the President's message at the last session of Con- gress expressly declares that, "the war has not been waged with a view to conquest," that "the war will continue to be prosecuted with vigor as the best means of secnring peace," and that "it is deemed proper to hold military possession of all the provinces which have been taken, until a definitive treaty of peace shall have been concluded and ratified by the two countries." And I recollect well, sir, at the last session, when a resolution was moved by a member of this body, [Mr. Westcott,] directing the Committee on Territories to consider as to the propriety of estab- lishing some species of legislative authority overihe territories of the enemy which had been taken into our possession, the honora- ble Senator from Missouri, [Mr, Benton.] who is not now in his seat, in his strong manner denounced in his place the propo- sition, on the ground that it attributed to the President of the Uni- ted States the assumption that those portions of Mexico were ter- ritories of the United States, This the honorable Senator charac- terized as an absurdity. Mr. WESTCOTT.— Monstrosity. Mr. BADGER. — Yes, monstrosity. But, sir, this vcar the tone of the message is materially clianged. The President has got a new phrase. He now says, not that he is not carrving on the war for the purpose of conquest, but "it has never been con- templated by me, as an object of the war to make a. permanent conquest of the Republic of Mexico, or to annihilate her separate existence as an independent nation." This is quite consistent with a design of temporarily conquering the whole, and permanently conquering a part. Indeed, he expressly informs us, that New Mexico and the Californias "should never be surrendered to Mex- ico." Now, it seems to me that it was the duty of the President of the United Slates to have explained to Congi-ess from the first, what his real purpose was. If he intended at the last session to actually conquer and retain by force — to retain, under all circumstances, the territory then acquired from Mexico — ■ he should have so told Congress, But he told us no such thing. On the contrary, he leaves us to suppose that thoush these proceedings seem to look like conquest, yet, still, in the Presiden- tial mind, the conquest of any part of Mexico was not his purpose. Now, sir, we are distinctly informed that the President is of opin- ion that we should retain, at all hazards. New Mexico and the two Californias, The next proposition which strikes me as being material to a just determination of the com'se to be pursued in reference to the bill, now under the considerntion of the Senate, is this : that the present plan of the war, as announced by the Secretary of the War Department in his communication to the President, if carried out, must irresistibly lead to the conquest of the whole of Mexico- and I think wc may reasonably conclude, judsing of the future bv the past, that if at this session, Congress shaU place in the hands o[ the President all the means he has asked, we shall, at the next session, find the whole of Mexico entirely overrun, anti at the mercy of our troops ; and we shall then have a message inlbrminrr us thtit the President is of opmion that Congress "should not lion- seiit, under any circumstances, to surrender any portion of the Mexican republic. The Secretary of War, in his report, speaks of three plans.— Why, sir, there are but two, in fact, if I am capable of understand- ing what seems to be tolerably plain language. Human incenuity cannot make of it more than two plans, although he has nuinerical- ly divided it into three. What are they ? Oor furtlier operations must, in my opinion, be conilucted in one of tlic tliree fol lowing modes. First, to take and hold an indemnify line; to lecede from all places 30th Cong.— 1st Session.— No, 17. and positions now occupied in advance of it, and cease from all aggressive operations beyond that line. Second, to overrnn Uie whole country, and hold all llie principal places in it by permanent garrisons; and, MjVrf, to retain what we now pt.sses. , o;ien the lines of communication into the interior, and extend our ojierations to other im- portant places, as onr means and the prospect of advantages shall indicate, keeping a disposable (brce always readv. within approachable liniit.s; lo annoy the'enemv.''to seize supplies, enforce contrit>ntions, and frustrate his eflbrts to collec'i means aud'as- semble troojis for the purpose of protracting the war. Well now, sir, is it not strange that numbers two and three shall be considered separate and distinct plans? The second is to overrun the whole country and hold all the principal places in it hy establish- ing garrisons therein. What is the the third? It is to retain what we possess, to open a communication with the interior, and to take other places, according as our means may enable us. Does ho mean under the second plan to take more than tjur means will en- able us to take ? Under the first of the two latter of the Secretary's plans, he proposes to take all the principal places in Mexico; and under the second of them, he proposes to keep what we have got and iict all we can. Well now, the President has adopted the third of the plans reported by the Secretary, as enumerated bv him upon which the war is to be carried on, and it is upon that basis that supplies are asked, and particularly the ten regiments proposed to be raised by this bill, to assist in carrying out the ojierations of this war, in accordance with the views of the Secretary. Well, sir, believing, as I ilo, that the necessary consequence of furnishing the means which arc rctpiired by this bill, will be to en- able the Secretary of War, under the direction of the President, to make a permanent conquest of the' whole of Mexico. I cannot vote for it. I am opposed to augmenting the forces for such a purpose. How is the conquest of Mexico to be eflijcted ? How is a pence to be brought about, under this mode of prosecuting a war, except by the seizure and subjugation of the whole country ? I cannot vote, sir, for any plan by which Mexico is to be conquered and annexed ! Because, in the first place it woidd be grossh' unjust. It would, in my judgment, according to my convictions of risht. be a high and flagrant wrong for us to seize upon and incorporate the territories of that republic into our own. I believe it would fix a stigma upon the character of this people which all successive ages would not be able to wipe out. No oblivion that thousands of years could throw over it — no darkness with which the lapse of ages could surround it. would prevent the flagrant enormity of such a measure, from bei nn- appa- rent to posterity. How could our future historians, and poets be able to relate the tale of this country's doings in rcgaril to this feeble, unfortunate, degraded republic? In vain would the attempt be made to close the eyes of mankind against the gross injustice of this procedure, by throwing around it the flimsy pretences which patriotism might suggest. Sir, now we have the dazzlinrr lilazo of military glory cast over these operations, and behold llicin in u light which may mislead and deceive us, but when the excitement of the present d,ay, shall have passed away, and they shall be look- ed at in the clear light of history, and their character pro- nounced by the voice of truth, there will be a universal verdict of condemnation given by mankind. My deliberate conviction is that iu 'the judgment of posterity, if we .should consumm.tte such a wrong as this, the crimson guilt of the partition of Poland. wouKI pale into absolute whiteness in the comparison. The one, it would be said, was an act perpetrated by Monarchs, hereditary rulers, men born to govern, and who had been taught to regard others raerelv as the ministers of their pleasures, or the instrumentality of incrcasino- their power, and in whose behalf it might be urged that they onlv followed the example of their predecessors in seeking, hy whatever means, to increase their power; but in the other ease, it would be declared that the act was committed by a republican govern- ment, based on principles of equal rights, and professing friendsiiip and good will to all mankind, seeking for national happiness, and national glory in the pursuit of the peaceful arts, engaged in the establishment of justice and tranquility, and regardinii the whole hmnan race as brethren in blood, entitled to their luViiianitv and consideration. The writers of tnat distant age would find' that then, as ever : " Nor 6orid prose nor honied lies of rhyme, Can blazon evil deeds or consecrate a crime." 1 am not willing that my country sliould now commit this irrepar- rable wrong, ami soil herself with this inefl'acable stain. I am opposed to the seizure and annexation of Mexico, because it is as unwise as unjust. I know there are .some who entertain a difl'erent opinion, but it docs seem clear to me that the accomplish- ment of such a measure as the incorporation of Mexico — whether her people are to be introduced mto a community of riciits with us or to be held as a degraded and conquered "province — whether they are to sustain towards us the relation of the territories we have heretofore had, or to remain in a state of perpetual pupilase — what- ever the mode and form in which their future condition ami characlcr are to be established — must inevitably in the hour of its completion doom the Union to certain destruction. I was glad to hear the Senator from South Carolina farthest from me, (Mr. Ca-Lhoun,) take strong and decided ground an-ainst the absorption of Mexico and the destruction of her nationality. — I was glad to hear his voice raised against what in my view would be one of the greatest of crimes, one of the greatest of political blunders. But, I wonder, Mr. President, that it did not strike the honorable Senator, that the injustice of seizing upon the whole by force, was an injustice but in degree superior to seizing upon any part by force — that though the enormity of absorbing the whole of the Mexican territoiy strikes us with astonishment and 130 THE TEN REGIMENT BILL. [Tuesday, horror, it is but'bceause the human mind is more strongly affected and impressed Ijy subjects which appear larL'c, yet, that in truth, tlie seizure ol' one loot of Mexican soil is just as much aji invasion of the eternal principles of right, as much a sacrifice of the claims of justice and the obli-rations wliich we owe our fellow-men, as the seizure of the whole. I am opposed to the conquest, by arms, ol JVlcxieo or any part of Mexico. I am Apposed to wresting from her one inch of her domain by the exertion of any force which shall control her will and compel an apijarent sinrcnder, whdo in reality, the soul of the country tenaciously adheres to that with which it parts. I am opposed to the commission by this country ol such an act of injustice, lor the attainment of any object be it great or small, believing, as I fully do, that a pure, unsullied reputation amongst the nations of the earth, is of more importance to us than any acquisition that the wide world can lurnish. It has been said— it was said on this tloor at the time when the resolutions of the honorable Senator from South Carolina %yere be- fore the Senate— that the proposition contained in them, which con- demns the conquest of Mexico and the destruction ol her nation- ality, was a proposition the assertion ol which would be^idle and fruitless, because the destruction of the nationality ol Mexico is contemplated by no one. At tlie time when I heard the statement made, 1 enterta'incd the same opinion and expres.sed that opinion to the Senator himself. (Mr. Calhoun here nodded assent.) But, an attentive consideration of the report ol the Secretary ol War. and the means demanded by the President— a consideration ol the important fact disclosed this day, that the President has refused upon this subject to communicate his views and plans in the farther prosecution lif the war— the fact that he has proceeded Irom a disavowal of all intended conquest, to a simple intimation that he has never desired to conquer Mexico or destroy her nationality;— these things, sir, have convinced me of tlie probability that the government is now thinking, at some no distant day, actually to make the movement whicii the resolutions of the Senator from South Carolina denounces. I was struck, sir, with the ac- count of a recent celebration in th.s city of the anniversary of the battle of New Orleans. It was held here on the lltli instant, and I noticed that an honorable and distinguished member of this body (Mr, Dickinson,) made an address on the occasion to the com- pany then assembled, concluding with a sentiment which goes far ahead of the annexation of the whole of Mexico. He gave as a toast — "A more perfect Union, embracing the whole of the North American Continent." I did not observe that the sentiinent was received with disapprobation. I saw no mention of any qualification of the sentiment by him or others; but there it stands as the declared opinion of a representative of the great " empire State" upon this floor — a State which, of all others, is able to succeed by physical lorce in the accomplishment of such a design — a design looking to a more " perfect union," not in the closer association of the members of this republic — not in a strengthening of our social relations — not in an in- crease of mutual attachment — but a more perfect union which is to embrace in one with us the whole of the North American continent, including Mexico on the south, and tlie entire Bri- tish Provinces on the north. When I see propositions of that sort coming from gentlemen of such high character, known intel- ligence, and distinguished position before the country, I cannot re- sist the conclusion, that such sentiments may have an echo in the hsarts of thousands. But there are other difficulties in ray mind. I consider the further prosecution of this war upon the plan proposed by the President of the United States as dangerous to the liberties ol the country. I was struck by the remark made by the honorable Senator from South Carolina, (Mr. Calhoun,) that no one now hears, as in the early days of the republic, the question, ''how will this measure affect our liberty? " Now we sit down and calculate calmly what amount of military force or means it is necessary to put into the hands of the President to accomplish a certain object. We ask whether we shall send him further into Mexico at the bead of an hundred thou- md men, with all the means of this country at his command, by our v.iluntary vote, and all the means of Mexico by military and violent seizure, and yet, as the honorable Senator said, there is no inquiry as to the ellcct of all this upon our liberties. That remark excited in my mind a train of thought, which led me to the conclusion that there is great and just ground of apprehension if this measurcis adopted that the liberties of the country will be seriously endan- gered. Recollect what the President claimed on this subject, in his message of last session. All that has been done heretofore in Mexico, in the pro.sccutiou of this war, the President claims the right of doing because we are the eonqueror. But where, I ask. does he find any suithorily for exercising the rights of a con- queror ? If he has them, it must be irrespective a'nd independent ol the const jlution of the United States? The eonquenn- has certain rights, and the President claims that these rights be- long to him. for one, I do not admit that proposition, ft is the Government of the United States and the people of the United States reinesentcd in that Government, who are the conquerors in every war in which we are successful. Therefore, the rights which belong to the conqneror, according to the law of nations bLdong no more to the President than they do to the lowest officer who leads a band of men against the enemy. These rights be- long to the country — to those who represent tlu! soverei^ntv of the nation — who hold the war-power of the nation — to the Con- gress of the United States. The President has no other power than as he is, by the constitution, the chief military commander' whose duty it is to carry on war for the purpose and to the ends declared by those who represent the sovereignty of the nation. But the President claims that he has a right to take possession, and, that having taken possession, he has a right to require from persons within the territory the oath of allegiance; submission to the regulations of his military olBcers; suspension of all resistance to his military authority, under pain of being treated as traitors, and made liable to punishment in their persons and in the confi.sca- tion of their goods; and to seize all the public property and reve- nues of the country. All this he claims, as a conqueror, and wholly irrespective of any responsibility to Congress. I protest against an\' such doctrine. Having now stated my views of the commencement of this war — the manner and purposes of its prosecution — and the dangerous tendency of the Executive claims of power and projects of con- quest — I come to the proposition before us. We are called upon to place at the command of the President ten regiments of regu- lars, in addition to the present military force. For what purpose? To carry on the war with Mexico? Upon what plan? Sir, the President declines to inform us upon what plan. Mr. MANGUM, (in his seat.) — His friends here decline. Mr. BADGER. — A few days ago when this subject was under consideration by the Senate, and my friend from Kentucky (Mr. Crittenden) stated in his strong and forcible manner the present condition of Mexico, and the utter and absolute want of any ne- cessity for this additional military force, a part of a communication from General Scott was read by the Hon. Chairman of the Com- mittee on Military AtTairs, as to the amount of ibrce that would be required. General Scott expressed the opinion that if certain pur- poses were contemplated it would be necessary to raise his forces to fifty thousand men. I myself asked the Hon. Senator on what plan, system, or basis of operation, for conducting the war, that estimate was made. The Senator declined to answer. Resolu- tions have been proposed in the other House, making inquiries, and to these the President has declined giving any answer. A resolution was introduced in this body asking the President to communicate to us information on this subject, such as he might deem it consistent with the public interest to communicate to us, either eontidential- ly or in open session. The President was asked to communicate to us information which would enable us to understand this mons- ter project for the war, which requires this great addition to our military means; and this morning, by a vote of the majority of this body it was determined that the question should not be put to the President, whether he has in bis possession any information on this subject, which he could, consistently with the public interests, com- municate to us, either in private session or conlidentially? Thus, bv the action of the President in the one case, and his friends in the other, all information is denied us, and the war-making power of the country excluded from all knowledge of the plans for the prosecution of the war ! Well, sir, what is the amount of our mil- itary force in Mexico, to which it is proposed to make this formida- ble addition ? Without going into detail, I may safely say that that force at present amounts in round numbers to lorty-five thou- «and men. Under existing laws, twenty thousand may be raised, to complete the complement of regulars and volunteers, making an agn-resate of sixty-five thousand men. Deduct from that fifteen thousand, on account of the casualties to which the Senator from Michigan so often refers, and you have an army of fifty thousand men. " Yet, it is now proposed to add to that force ten regiments of regulars with a bill behind it to put at the disposal of the Presi- dent twentv thousand volunteers, a force, including the sailors and marines co-operating with the troops, of not less than seventy-five thousand to eighty thousand effective men. What is to be accom- plished by that force ? Arc there battles to be fought ? That is dis- tinctly disavowed. There is no expectation, sir, of any more battles to be fought. For what then, sir, do you ask these men ? Why, the honorable gentleman from Michigan says, that he wishes, by the exhibition of a large force there, to produce "a gretU moral el- feet." How ? Why, lie means to convince the Mexicans that they are unable to resist us.' Well, sir, if they are able to resist the lo- gic of such fields as Buona Vista, Churubusco, Contreras, and Cerro Gordo; think you, sir, that their incredulity will yield to the mere si^ht of a large body of men ? What, then, do you intend to do wTth this immense military force ? They are to take possession and occupy the country it is said. And when they are there, what great object is it intended that they should accomplish, which this country desires to see accomplished ? Do w'e want peace ? Is it not obvious to every one that peace cannot in this way be obtained ? If peace could be coerced, we have done every thin-T that aenius can contrive, and skill and gallantry execute to ac- complish it" I believe it may be said, without exaggeration, that the history of no country has presented such a succession of brilliant military achicvmcnts as we have gained in Mexico. As a single battle, nothing can be produced equal to the last battle of Taylor; and as a succession of military operations, where can you find a par- allel to the advance of Scott Irom Vera Cruz to the city of Mexico ? If chastisement — defeat — overpowering, overwhelming defeat — were sullicient to bring Mexico to a disposition for peace, she would have been brought to that disposition long ago. How, then, do you pro)iose to accomplish it by your troops i Why, they are to take possession and occupy the whole country — or, us the Sec- retary of War savs, to keep that portion of it which we have got, and occupy all the rest of which our means will allow us to take possession. Well, when you have got possession, what disposition of it do you propose to make ? Posts and fortifications, I suppose, January 18.] THE TEN REGIMENT BILL. 131 are to be established everywhere. You are to maintain all the stronsholds ol' Mexico, and her valleys arc to be everywhere marked by the signs of military occupation How lonjr is this state of thinpiS to continue? Until Mexico makes peace! But, I pray you, is this the way in which the {icntle sentiments of benevo- lence and peace are to be instilled into i he Mexican bosom ? True, you may compel her to submit — you may prevent her from utter- ing a word of complaint — you may force her to feign compliance whh your wishes— her active resentment may disajipcar— and yet a dogged spirit of revenge, and the intcnscst hate, will rankle and lurk beneath. The Latin poet has said with great propriety and force : "Si te coIo SexttE noii amabo.'* referring to a well known quality of our nature, in virtue of -which that superiority which demands our admiration, inclines us to withhold our love. If this be the tendency of that moral coercion, what may we expect from awe and terror ? Do we really expect, by renewed conquest, by devastated fields, by captured villages, by stormed fortresses, by occupying such positions that no Mexi- can can look forth without beholding the evidence of the fall of his country and the presence of her conqueror, that peace is to be re- stored? Sir, no man should expect it. What is the situation of Mexico at this moment t She lies at your feet, bleeding, exhausted, panting. Do you wish to trample upon this enemy already in the dust?" Do you wish to crush the last remains of her vitality? I hope not, sir ; but even if you do, you do not need this additional force. We received yesterday the copy of a general order of the 15th December, issued by General Scott, the first article of which proceeded to inform the army that it would spread itself over the republic of Mexico ; and which goes on to establish a svstem of internal regulation for the government of the coun- try, and the collection and disbursement of the revenue. If, then, it be right and manly, in the present crippled condition of Mexico, to destroy her nationality, you have ample means to do so. But, ere you proceed to the accomplishment of such a purpose, will you not pause for a moment and reflect up- on the consequences which must inevitably follow ? If such a de- sign be carried out. the destruction of our liberties is certain. You se7id forth the President with his eighty thousand men. He is told that he can support these men and meet the other expenses of the war by levying contributions in Mexico. He is thus, clothed with sufch authority, left in a foreign country to form his plans and car- ry them into execution. Is he not thus invested with all the pow- er and dignity of a prince, free to obey the dictates of his own ar- bitrary will at the head of seventy or eighty thousand men, dicta- ting laws to a new nation, collecting and disbursing its revenues, rulin Has the old dread of military chieftains suddenly come upon distinguished gentlemen. Is Cieero's famous maxim—" Jlrma cedunt toga:," about to be re- alized? Has some masnetic process been going on, m oruer to win distiniruished gentlemen back to their old faith and prevent them from running after new idols? I have understood that the cele- brated lecturer on Electro-Magnetism is m the city, and, it ap- plied to. miL'ht perchance sugarcst the means of sueoeeding m this magnetizins scheme. Well. I am really afraid that if the hiaze of miUtary glory is flickering, it may be expected to go out shortly. Mr BADGER.— If the Senator will allow me to interrupt him, I will sav that Ihe expression which I used was used madvertently. The teriii I intended to use was very dilTerent. I meant the daz- zling U V of change, which is impressed upon the whole universe be- sides, and that they have the happiness still, in the noon or evening of life, as the case may be, to entertain the self-same opinions, upon all the public questions which have divided parties in this their day and generation, which they adapted upon their first en- trance into the tangled and thorny pathways of modern states- manship. Mr. President : The learned and able Senator from Maryland has made it wholly unnecessary that the administration now in power should be hereafter defended against a number of charges growing out of this Mexican war. Did I not know, that the course of that Senator had not been at all actuated bv a desire to conciliate the political party with which it is ray honor to hold con- nexion, I should thank him, in the name of those associated with me, for the seasonable and ellectual relief which he has thus afforded us, and which his conscience and patriotism have forced him to afford us, from the insidious and persevering hostility of an unscrupulou^ press, sustained and encouraged as it is, by a furious band of un- blushing demagogues, who occupy themselves night and day in traduc ng the government of their own country, and in bewailing the wrongs and sufferings of those whom they denominate, "our republican brethren in Mexico." Had a friend of the ruling ad- ministration, however elevated in point of character, and energetic in the field of debate, given utterance to many of the striking and important truths, so startingly announced by the Senator from Marjland, there is reason to believe that the work of conviction would have been scarcely consummated in the minds of many de- luded citizens, who will now see that to doubt the justice and honor of this war, and all the minor points involved in this sweep- ing proposition, is to stultify their own understandings, and to close their hearts to all the ennobling sentiments which swell and animate the bosom of the patiiot. Who will ever be unblushing enough hereafter, to deny the honor and justice of this war ? Who will hereafter deny that the Rio Grande was the boundary line of Texas, before aimexation, and of our country since? Who will dare to call in question the authority or policy of marching our army to thelelt bank of this now famous river? Who will "doubt the previous determination of the Mexican government, as pro- raulged in grave public documents, to carry on a cruel, and devas- tating war upon all our peaceful citizens who might at the period of intended invasion be iound west of the Sabine ? Who will not now perceive that a large military force had been already concen- trated in the neighborhood of Matamoras, which was almost ready to light up tue flames of war along our whole frontier, be- fore the movement of our heroic army from the west bank of the Nueces ? Thus might I have indulged in the language of interroga- tion a few days ago. Alas ! We can do so rio longer. Sevel-al gentlemen standing high with their party, and of deservedly re- spectable rank in a learned profession, have lately attempted to put the country afloat again upon the ocean of disputation. But, I trust they will forgive me for saying, what I think all save themselves must have most sensibly felt, that I could not perceive anything which fell from either of them at all calculated to weaken the force of the argument of the Senator from Maryland, as to any of the points discussed by him. These, I proclaim, so far as partisan opposition is concerned, are settled points; in the lan- guage of the law-books, res adjudicatu. The arena of controversv as to all these questions heretofore so fiercely disputed, should be regarded as being now forever closed; and according to the Sena- tor from Maryland, the President is only to blame "lor not having caused a larger force to march under command of General Taylor, than that distinguished officer saw assembled around him upon the battle-fields of Palo Alto, and Resaca de la Palma. So that the Pres- ident was not censurable for ordering the march to the Rio Grande, but for not discovering the intention of the enemy still earlier than he did, and for failing to assemble a sufficient body of men under the standard of our country to have at on;e demoralized the foe, and have caused him to abandon his hostile design lorever. I am per- suaded, that if the Senator had loc ked into this matter some- what more carefully, he would have ascertained that there was as little ground for condemninn; the Executive on this score, as for ordering the march to the Rio Grande; as it is at least certain be- yond contradiction, that General Taylor had full authority to pro- cure the increase of his army to any extent which he might judge necessary, and that though he had but a small force, iii point of numbers, to contend with the large army at the moment known to be concentrating upon the Rio Grande, yet his army was just as large as he desired it to be, or supposed to be at all necessary; and that he had been seasonably given the power to increase his force according to his discretion. How the admissions of the Senator from Maryland as to the justice and honor of the war, can be made to harmonize with a position afterwards taken, that though Mexico was entirely to blame, yet that the President is to blame also, and that it was the duty of the President, though commander-in-chief of our army, and bound by his oath of office as such, first to consult Congress before he sent a single order to our commander at Corpus Christi, directing him in accordance with his own views of the propriety, as antecedently expressed to the government, to place the troops under his command in an attitude which might enadle them to defend the soil of our country from threatened invasion, I shall leave to the Senator himself and the country to determine. I shall not debate this point; a discussion of it, as it strikes me, would be wholly profitless; and I was too highly gratified with nearly all that fell from that distinguished gentleman, to seek controversy with him upon subordinate ques- tions. I would rather believe that any apparent inconsistency in the views of the Senator from Maryland, arose from haste and in- advertence; from a natural unwillingness to part company altogether with those who have been heretofore his political assoeiaK's; or from a disposition sometimes evinced by legal gentlemen to show to those around with how much skill and adroitness they are able " to confute, change hands, and still conlute.'' Instead of censur- ing the Senator from Maryland for what may have appeared to savor somewhat of illiberality and unfairness, I would prefer say- ing, that whilst the distinguished Senator was speaking I observed the tempestuous excitement which he was awakening, around him; and discerning in countenances wont to be serenc7 the signs of rising wrath, I could not help recurring to that scene of elemental conflict, so vividly portrayed by a poet of our times, when he ex- claims : "Tile sky is changetl! and such a change! oh night! And storm, anil darkness, ye are wondrous strong, yet lovely in your strength, .■Vs is tile liglit of adark eye in woman! Far along. From peak to peak the rattling nags among I.eajis the live thunder! Not liom one lone eioud. But every mountain now hath louiid a tongue. And Jura answers from his misty slirouii. Back to the joyous Alps, who call to him aloud." And pursuing the description a little farther, I would beg leave to say of the Senator from Maryland : " Xow where the quick Rhone thus hath cleft his vay. The mightiest of the storms hath ta'en his stand : For here, not one. hut many, make tlieir play, And fling llieir thunderbolt from hand to hand. Flashing and <'ast around: of all the hand. The brightea through these parted hills, hath forked His lightnings — us if he did understand. That m sucii gaps as desolation ^v■o^ked. There the hot shaft should blast whatever therein lurked." Sir : The President has been much complained of in this discus- sion, for having suggested in his second annual message, that '' aid and comfort" had been imparted to Mexico in this war, by a few persons in this country who are exerting a zealous opposition to the further prosecution of host ilities. I deem this complaint wholly unfounded, and will endeavor to demonstrate it to be so. Sir : In this age of cultivated reason, which may be emphati- cally called the age of moral influences, when the mind ol man is everv day achieving new' victories, more brilliant and decisive than the old, over the serious impediments of various kinds which have heretofore obstructed its progress along the pathway's of know- ledge; when the matured thoughts of gifted and powerful- minds, upon subjects both practical and speculative, by means of innu- merable printed volumes, the newspaper press, periodicals, litera- rv and si?ientific, convenient mail arrangements, steamboats and other vessels of great celerity of motion upon the water, railways and the electric telegraph upon the land, arc communicated al- most with the rapidity of lightning, from the closets of the learned to the toiling millions of all civilized countries under the sun; when arguments, and statements of fact, and the beautiful embellishments of poetic fancy, and the dazzling and overwhelming influence of in- flammatory eloquence , are constantly finding their way to t he palaces of the great and the cottages of the humble, penetrating towns, and villages, and country-places, and reaching even the most retired nooks and corners of social existence — tlreadful, oh dreadful is the re- sponsibdity both to God and man, of him who perverts truth or piop- agates falsehood, or sophisticates for the delusion of the masses, or shows a reckless disregard of the consequences likely to be pro- duced in the minds and conduct of others, by what he either utters as a public speaker, or throws upon paper ibr more extensive dis- semination. There are distinguished staiesmen in this country, whose speeches and letters arc read with attention, and are known to wield an influence not inconsiderable among all nations where the art of printinii has been introduced, and with which we have heretofore established relations of commercial intercourse. Some of these personages have been at one time members of this body: some are, perchance, bustling and noisy politicians still, who delight in frequenting the thoroughfares of social life, and in keep- 13G THE TEN REGIMENT BILL. [Wednesday, ing their political frien Js in remembrance of their own peculiar me- rits. But there is still another class of American gieat men \>-liose opinions are interesting to the world: I allude now to the Nestors or Methusalems of party; a few of whom have retreated long since to the calmer walks of private life, but who still, through some dim loop-hole of "philosophic reliracy," oecu])y themselves alternately in watching the ominous and exciting fluctuations of the stock-mar- ket, or in spying out the " signs " in the political or financial sky; and who areheard ever and anon, to whisper to themselves, and a few infatuated and interested votaries around them, with something perchance of doting dignity and dclphic solemnity of manner com- mingled; "Felix qui potilit reruin. cognoscere causas." There are others, perhaps wiser still, who have chosen to bury them- selves in rural solitude, absorbed it mav be, ni the comlortable and more primeval business of tending herds, and " mendmri/.cd places ot repose, in order once more, if they can, to seize the direction of the understandings and sensibilities "of their countrymen. Some ol these personages, unmindful of the example of the distinguished Senator from Mas- sachusetts; who, when the Oregon question was under discussion in this body, lb r some days, and perhaps weeks, relused positively to enter into 'the debate then in progress, and finally declared m most emphatic terms, the obligation which he felt to be resting on his con- science, whilst the title of his country to territorial domain was under^Toin" diplomatic discussion, not to breathe a single .syllable calling that title in question ; have not hesitated, in this war with Mexico wlien questions much more important than claims to dis- puted territory^ were pending between the two countries ; when millions of money, and the most precious blood of the nation were all placed at hazard upon the issue of arms; when national honor and individual fame were both in a condition to be dangerously afl'ected by imprudent and mischievous speaking and acting, to arrange, in the most ostentatious manner, for the fulmination of fierce and fervid harangues, denunciatory of their own country and commendatory of the enemy: at a moment and under such cir- cumstances too, as must have made known to themselves in advance, the material fact, that almost as soon as their speeches should be delivered, they would bo read in the United States, and thus serve to dispirit their own countrymen and indispose them more or less for the hard service of the tented field ; would circulate in Mexico, and encourase the enemy to renewed hostilities ; would be repub- lished across the Atlantic and come back with a rebound from fo- reign shores, to multiply the original effect, both here and in Mex- ico. These gentlemen could not well avoid knowing all these things ; and yet have they been wholly unmindful of them. Indeed a few are reported to have grown more furious under the just cen- sures with which they have been visited. Will any man say now, thatthese persons were not warring against their own country? That they have not, morally speaking, joined the enemy? Well do we know the opinion and feelings of our own noble officers and soldiers on this melancholy subject. The speech of the heroic Doniphan, at St. Louis last summer; the recent statements of Wyn- coop and Morgan, which wc have all read in the newspapers, have adraiiiisiered most damning proof against these mischievous and meddlesome haranguers, and will eventually consign them one and all, if they shall not speedily exhibit satisfactory signs of a ge- nuine repentance, to an infamy as undying as their ofTences, whilst unatoned for, are unpardonable, either upon earth, or in Heaven, Hear what the heroic Col, JBurnet said the other day in Phila- delphia, at a dinner given in honor of him : '* He (Col. Burnet) could not refrain from tlianking the company assembled for the compliment done fiis regiment and liimself — tliat it did not exactly become liim ro s[)eak of the policy of the war, but lie would give some general views in regard to the feeling iu Mexico, and that in oriler to prosecute the war with etTect, we should be uni- ted as a people. {Three cheers.) Col. Burnet said Santa Anna had prepared a do- cument made up from speeches and editorials pnt forth in this country concerning the war, among which was thf ileclaration of an American Senator that he would not vote for supplies. These things oi>eratcd against us very much." Let no man hereafter complain of the President ; he told but the truth about this matter, and with a republican boldness and sim- plicity becoming his character and station. As our executive sen- tinel upon the watch-tower of the nation, he but imparted season- able notice to his countrymen of the fierce dangers w-ith which mo- ral trca,son was rapidly encircling them. Had he not administered this warning he would have proved himself as faithless as those whose treacheryhe has been censured for denouncing. I will not pursue this disagreeable subject farther. I am pained at feeling It to be my duty to refer to it all. But the denunciations which have been so lavishly poured forth upon the head of the President, even in this debate, in connection with lliis p.art of his Executive conduct, has rendered it necessary that the whole truth should at last be lold. 1 hope not to be misunderstood upon this delicate point : no one is more than myselfan advocate for the utmost free- dom of debate upon all public questions, consistent with the estab- lished rules of decorum and ;i due regard to the present safety and true honor of this great republic. And. if any one of the speakers alluded to can clearly mtikc out the ease for himself, that his coun- try was really in the wrong, and in danger of getting more itnd rnore in the wrong in regard to this Mexiciin war : that. his par- ticular interposition was evidently needeil in order to check the go- vernment in n career of folly and madness in which it was fast rushing to destruction, as has been allcdged : and that he did really interpose with the bonajidc intention of rescuing the na- tion from infamy and danger, either actual or impending, why then he may perchance escape condemnation for w-hat appears prima facie to be so very censurable. But woe be to them if they fad in theii- jtistifieatoiT proof on this pomt; for I tell them, and all of them, that it were better that they should never have been born, or that being born, they should have died in infancy; or that they should now have a mill-stone tied about their recreant necks and be cast into the bottomless sea, than to stand convicted before the present generation and all posterity, of having joined in soul and voice with the enemies of their country, A distinguished citizen of Ken- tucky, a leader of the party opposed to the Administration, said in a public speech delivered by him last summer, in the city of Phila- delphia, amidst the acclamations of patriotic thousands, that "without now enquiring into the origin of the war, (I quote from memory and hope not to do injustice) it was the duty of every Americau citizen to give his head, his heart, and his hand to his country." The same gentleman, it is said, a short time before, in New Orleans, had expressed himself as being in favor of a vigo- rous prosecution of the war, spoke fiercely of vindicating the wrongs of his countrymen, and actually talked about going into battle liimself with the view of .^laying a Mexican, or at the least, taking one prisoner. This was all very deliberately and patrioti- cally said, and contains the strongest rebuke upon the class of men to whom I have been referring that could well be imagined. I hope the distinguished statesman and sage of Ashland has not yet changed his mind about this inatter ; the spirit breathed by that gentleman during the last war, and which broke in thunder upon a certain son of New England in the other wing of this capitol, for daring to oppose the then pending war with Britajn, when he told him that he polluted the very carpet upon which he was treading, was the true American spirit, and is known to have awakened a hearty response from every hill and valley of the republic. Mr. President, I do not feel that I hazard any thing in asserting that if the pages of history, ancient and modern, shall be ransack- ed, it will be impossible to fintTa case precisely analagous to the one under consideration. In fact^ the only attempt which I have seen made to justify by precedent, is the case of certain distin- guished orators ' of Great Britain during our revolutionary war, vindicating the then colonies in Parliament, and struggling to put an end to a long course of oppression and violence, in which George the Third and his ministers had involved themselves. The inap- plicability of this case to the one under examination is too obvious to need more than a bare suggestion. We were then, or our fore- fathers were, British subjects — fellow-subjects of tholie who defen- ded us, and who only defended one portion of the British nation against the w-anton aggressions of another. Now, I have not yet heard any one assert that Santa Anna, Ampudia, Canales, and then' mvrmidoms, were our fellow-citizens; though I have certainly often heard Mexico in this debate called a sister repubbc, I sus- pect, that if gentlemen will look into this matter specially, they will find that, passing over the Athenian case alluded to, there is nothing that approximates to the conduct which I have been re- prehending, in all republican history, except perhaps the siifgle in- stance of opposition presented to Hannibal, touching the war which he had unauthorizedly and wickedly commenced with the Roman republic. For, it will be recollected, that Hannibal had, without consulting the Carthagenian Senate, by a deliberate breach of an existing treaty between Carthage and Rome, suddenly cross- ed the Iberus, pushed his vast army through Gaul, and over the Alpine heights, and precipitated it down upon Italy, almost before any one either in Carthage or Rome knew that he had yet left Spain at all. Well, Hannibal, after a series of brilliant victo- ries over the Roman armies opposed to him, despatched his bro- ther to Cartharge to demand additional supplies ol men and money of the Senate. "That brother is reported by LivT to have thus ex- pressed himself — " The nearer their prospect was of finishing the war, tl»e more vigorous support of every kind ought to be afl'orded to Hannibal; for "that it was carried on ,at a great distance from home, in the heart of the enemy's country. The consumption of money and corn was great; and so many engagements, while they ruined the Roman armies, had dimniished in some degree those of the conqueror. It was, therefore, necessary to send a reinforce- ment, and likewise to send money for the 'pay, and corn for the maintenance of the troops, who had merited so highly of the Car- thagenian nation." In this moment of general exultation, it is said that Hanno, the chief of the faction opposed to Hannibal, though he knew the war to be unjust and unauthorized, and was full of anxiety as to its ul- timate consequences to Carthage, acted with great dignity and composure : nor did he utter a syllable in opposition, until stung by certain sarcastic reflections which were cast upon him, he re- plied briefly in his own defence, and commenced his speech with these mcniiirablc words : "1 should have remained silent this day, lest in a time of general joy, I might utter some expression ten J"'^^'^. tiermit the citizens of the United States, tor the space oi threT yeai s from the date thereof, 'to deposit their merchandizes 'and effects in .""port of New Orleans, and to -,»« them roin thence without pnvinir any other duty, than a la i puce or tue stores 'ad the Kin- of Si-ain furthermore bound himself 'either tocontinneth permission, (If be found dnrtng the three years snecifieTthat it was not prejudicial to the interests ol Spam,) oi , frhe Tonld not continue it, then to assiiin to s.aid citizens of the United States, on another part of ^l- banks ol the Mississippi, an equivalent establUlimcnt.' On the Ibth o Oeto^jei, 1«02 Juan Ventura Morales, the Spanish I"t<^nda"t ol the I^^inee of Lou- isiana, issued a decree, which, in v.olation-ol said Treaty of 17f»o prohibited the brinuiiiff in or depositing American merchandize within the limits of the City of New Orleans, and tins decree was .Wd without assigning the 'equivalent establishment^ menUon. ed in the Treaty, elsevvherc upon the banks of the Mississippi. Among the doeumeuts then submitted by the President ol the United States to Congress, was one Iroin Wdliam E Hulmgs some time before appointed Vice Consul ol the United States at New Orleans, two from William C. C. Claiborne, Governor of the Mississippi territory, and a third from James Garrard, the Governor of Kentucky. Mr. Hidings announces to the Governor of the Mississippi territory the fact, that the decree ol the Spanish Intendant, already described, had been posted up m the City ol New Orleans, on the iSlh of October ; states that the port ol New Orleans is shut against foreign Commerce, and not against foreicrn Commerce only,"but against the American deposit in this eitv.'' No mention is made,' he says, 'of any other place appomt- ed'fnr a deposit.' Governor Claiborne's letters, one to tlie Span- ish Intendant, and the other to Mr. Madison, testify high indigna- tion at tl;e faithless conduct of the Spanish government ; and he says to the Secretary of State ; 'This late act of the Spanish ■rovernment at Orleans, has excited considerable agitation at Natchez and its vicinity. It has inflicted a severe wound on the agricultural and eornmeroial interests of this territory, and will prove no less injurious to the whole Western Country.' The Go- ■ vernor of Kentucky, in bis communieation to the President of the United States, under date November 30th, 1802, says : 'The citi- zens of this State are very much alarmed and agitated ; as this measure of the Spanish government will, if not altered, at one blow cut up the present and future prosperity of their best inte- rests by the roots. To you, sir,' he continues' ' they naturally turn their eyes, and on your attention to this important subject, then- best hopes are fixed.' This, then, is the history of the affair. Mr. Jefferson says in his annual message of 1803, anterior of course to the introduction • of resolutions by Mr. Ross: "previously," that is to say, previ- ously to the pci'iod of excitement on the subject, "a proposition had been authorized to negotiate for the purchase of Louisiana from Spain;" which proposition was then pending. Spain had some- time before coded to France the whole country, then called Louis- ■ ■ '■ • • ■ ■ • ._ _<• .1. , same. _^ t was light to do, under [Wednesday, lime before coded to France the wbole country, tnen caiieu uo iana, but had not yet relinquished aetu.al possession of the sai Whilst the temporary oeoupaney existed, the right of deposit ' disoonlinued by Spain, wlii,.li slir^ had n clear .icrht to do. un (lisoonlinueil by Spain, wnicn sne naa a eiear .igni. lo uo, uimei the treaty of 179.5; but she had failed to "assign the equivalent es- tablishment," as she was bound to do. This was hardly just cause for immediate hostilities; yet Congress authorized the creation of an extensive military esta'blishment, and gave the fullest discretion to the President on the whole subject. Nfo warlike movement, it is true, w!j,s immediately made by Mr. Jetfcrson. But why ? Be- cause he had then a negotiation pending with Napoleon, (not with Spain at all,) for the purchase of the whole country. The Senator from Delaware will now easily perceive doubtless, that there was no necessity for "pointing our cannon at the windows of Nevv Or- leans" at all. The honorable Senator will scarcely now himself con- tend, that there is really any analogy between the two cases under review. But ho will allow iiie to tell him, 1 trust, in a spirit of unal- loyed kindness, that the number of errors which he has committed in connexion with this aflair is really surprising. He appears to think that Ross's resolutions proposed to "seize on the country on the Mississippi." Why, this was not the case. They only pro- posed "to take immediate possession of such place or places in the said island or adjacent territory, as the President might deem fit and convenient, lor the purpose of deposit." Nothing more. This, the Senator will see at once, by a re-examination of the resolu- tions. And why was this proposed? Simply because the original "place of deposite" had been discontinued, and no equivalent es- tablishment assigned." What the honorable Senator means by talking about pointins cannon at windows in New Orleans, I am not aide to divine. He surely doss not mean to cast censure upon the officers in command at Fort Brown. But it really looks very much like it. The Senator will not find it a very easy matter to fix the responsibility of pointing the cannon at wmdows in Mata- raoras, upon the President or Secretary of War; for I am posi- tively assured that no precise orders on this particular point ever emanated from Wasliinston. • But what if I open to the Sen.ator a fact or two more in regard to Mr. Jefferson and the democratic party of that time, in order to enable him to appreciate the almost Jackson-like energy of that liigh-souled executive ? Spain publicly protested against the ces- sion of Louisiana to the United States by France; and her citizens bordering on Louisiana and Mississippi had committed various ag- gressions upon our popidalion. Mr. Jefferson refers to these acts of violence in his annual mes sage of 1805, thus : " inroads have been recentlv made into the territories of Orle.inn and the Mississip- pi. Our citizens have been seized, and their properly plundered in the very poruof the former, which hiid been actnallv dehveted up by Spain; and this by the regular of- ficers and soldiers of that government. I have, therefore, found it «ecessary at length to give orders to our troops on that frontier, ro be in readiness to protect our citizens, audio repel by arms any similar aggressions in futore." The Senator from Delaware has referred us to the pure times of Jeffersonian democracy, and would have us to understand that Mr. Jeflerson and the democrats of his time were a particularly gentle and forbearing body of men, and that they especially evinced this temper and disposition towards Spain; and the Senator recommends in a very soleiun and imposing manner, to us of this generaticDn, their example and precepts. He seems particidarly struck with Mr. Jefferson's preferring, in the instance of Louisiana, negotia- tion to war — negotiation by which so much valuable territory was to Vie peaceably acquired. I am chanued to bear that the Senator would have been a territorial annexationist in 1803, had he acted then as a politician, and hope that he may yet abandon the no ter- ritory ground upon which his party have now fairly pitched their political tents for the campaign of 1848. As the Senator from Delavvare appears to be so much enamored of the charms of Jeffersonian democracy, I will do myself the ho- nor of calling his attention to the letter' of Mr. Jefferson, written in 1807, to our minister, Mr. Bowdoin, in Paris, which appears to me to be strikingly marked with the true democratic spirit of that period ; " Never did a nation act with more nertlily or injustice than ?pain has constantly practised a^-ainst us : and if wc have kept our hands off of her till now. it has been imrely out of respect to Trance, and from the value we set on the friendship of France. \Ve expect, therefore, from the friendshi]i of the Emperor, that he will either compel Spain to do ns justice, or abandon her to us. He ask but imr. mnntli to be in Uie city of Mexico y I imagine that bv this time, the Senator from Delaware is get- ting a little tired of Jell'ersonian democracy. He will excuse me though, X hope, for one more experiment upon his patience. In a letter written by Mr. Jeflerson, in 1785, to A. Stewart, Esq., he uses the following language : '• 1 learn from an expression in your letter, that iJie peojile of Kentucky thiitk of se- parating, not only from Virgini.a, (in which they are right.) but aj^o from the Confede- racy. I own I should think this a most calaniitous event, and such -a one as every good citizen sliould set himself .against. Our present federal limits are not too large for good government, nor vs ill the increase of votes in Congress produce an ill etl'ect. On the contrary, it will drown the little ibvisious still existing there. Our Confederacy must be viewed as the nest, from which all America, North and South, is to be peo- pled. We should take care, too. not to think it for the interest of that great Conti- nent, to jiress too soan upon the SptiniariLi. Those countries cannot be in lietter hands. My fear is that tliev are too feeble to hold tnem till our population can be sutricientty advanced to pain it from them, pieer by piece, The /iori<^tltia7i of the .Viss^i.isippi lee iiiiist hare. This is all we arc, as yet. ready to receive." Now, I will tell the Senator, that if he if he is a Jeffersonian democrat, I am one too; and as such, I fully bebeve, that oin- con- federacy " must be viewed as the nest, from which all America, North and South, is to bo peopled," and I am decidedly in favor, with Mr. Jefferson, of getting fairly and honestly, the whole con- tinent, "piece by piece." And this' I hold moreover to have been the doctrine of the democratic party always heretofore; and the_ opposite or no territory ground, has been that of the federalists of the olden time and of their whig successors since. The usual hour for adjournment haying arrived, Mr, FooTE gave way to a motion to adjourn, and The Senate adjourned. January 20.] PETITIONS— RESOLUTIONS. 139 THURSDAY, JANUARY 20, 1848. REPORT FROM THE NAVY DEPARTMENT. The VICE PRESIDENT laid before the Senate a report of the Secretary of the Navy, made ajrreeably to law, accompanied by a list of tlie names of persons who have applied for relief under the Navy Pension Laws, and whose claims have been rejected. PETITIONS. Mr. ATCHISON presented the petition of David H. Leeper, praying the confirmation of his title to a New Madrid location; which was referred to the Committee on Public Lands. Mr. STURGEON presented the petition of citizens of Greene County, Pennsylvania, praying the establishment of a mail-route from Greensborough to Taylor's Store, in said county; which was referred to the Committee on the Post OfTiee and Post Roads. Mr. HANNEGAN presented the petition of Robert Piatt, praying compensation for his services as Deputy Commissary of Purchases in the last war with Great Britain; which was referred to the Committee on Military Aflfairs. Also, the memorial of Robert Piatt, heir and legal representa- tive of Daniel Piatt, late an officer in the Revolutionary Army, praying to be allowed an undrawn balance of his seven years half pay; which was referred to the Committpe on Revolutionary Claims. Mr. BREESE presented the petition of the heirs of Robert Morrison, deceased, praying the confirmation of their title to a tract of land; which was referred tu the Committee on Private Land Claims. Also, the petition of the heirs of Josiah Bleakley, deceased, praying the confirmation of their title to a tract of land: which was referred to the Committee on Private Land Claims. Mr. PEARCE presented the petition of James C. Wilson, a Clerk in the War Department, praying an increase of compensa- tion; which was referred to the Committee on Military Affairs. Mr. DOUGLAS presented the petition of G. Edmunds, jr., for himself and in behalf of the Des Moines Rapids Improvement Com- pany, praying the assent of Congress to the making of a canal around the Des Moines Rapids, in the Mississippi river; which was referred to the Committee on Commerce. On motion by Mr. UPHAM, it was Ordered, That the petition of John McCloud, on the files of the Senate, be referred to the Committee on Pensions. On motion by Mr. DICKINSON, it was Ordered, That the petition of Elijah Buchanan, and the petition of Hector St. John Beetley, on the files of the Senate, be severally referred to the Committee on Pensions. On motion by Mr. CORWIN, it was Ordered, That the petition of George Wingard, on the files of the Senate, be referred to the Committee on Pensions. On motion by Mr. DAVIS, of Mississippi, it was Ordered, That the Committee on Military Affairs be discharged from the further consideration of the petition of Eugene Van Ness, and John M. Brush, executors of Nehcmiah Brush, deceased; and that it be relerred to the Committee of Claims. MONUMENTS TO DECEASED SENATORS. Mr. HANNEGAN submitted the following resolution for con- sideration. Resolved, That a select commiMee be appointed to inquire whether it may be ne- cessary to adopt any nieasnres for tlie future oonstructioD, and preservation of the monuments to the memory of deceased members o." the Senate; and also under wliat circumstances monuments have been so erected, and may herealer be erected. The resolution was ordered to be ptinted. GEN. Taylor's views, etc. Mr. BERRIEN submitted the following resolution for conside- tlie letter of General Zachary Taylor, dated at New Orleans. 20th July, 1845, and ad- dressed to the Secretary of War. and which are so referred to as containing the views of (Jeneral Taylor, previously communicated in regard to the liue pro[>er to be occu- l»ied at that time by the Uaiti^d States. Mr. CALHOUN suggested a modification by adding the words : And any similar communication from any oHicer of the army on ttie same subject. Mr. BERRIEN.— The honorable Senator from South Carolina suggests an amendment to the resolution which I am perfectly " willing to accept. The Senate then proceeded to consider the resolution by unani- mous consent. Mr. CASS. — I would rather, for my part, that the resolution should lie over. It seems tu me exceedingly sweeping in the terms, calling for the views of all the olTieers, from the highest to the lowest. I do not know what particular information it refers to, but the communication of some of it may be highly improper, and it gives no discretion to the Executive to withhold it, if, in his opinion, its publication would be inconsistent with the public interests. Mr. BERRIEN. — In regard to calls for coimnunications from other officers, it is a modification of the resolution which was pro- posed hy the honorable Senator from South Carolina, and which I have accepted; but, of course, he will explain what he proposes by the amencfment. In regard to the discretion of the Executive to withhold such information as he may think the interests of tho country require should be withheld, I presume that he has the power to exercise tliat discretion at all times ; but I have no sort of objectioato add to the resolution a proviso ''ii' not inconsistent with the public service." All that I desire is to know what is the purport of the letter. However, if the Senator from MichiTan still insists that the resolution .shall lie over, of course I must ac- tjuiesce. Mr. CASS. — Do I understand the Senator to say that he accepts the amendment. Mr. BERRIEN.— Certainly. The chair will be good enough to add the ordinary qualilieation. The following was added : "unless he be of opinion that a com. munication of the same be inconsistent with tho public interests." Mr. CASS. — I move that the resolution be laid upon the table for the present. Mr. BERRIEN. — -The resolution lies over, as a matter of comso if the Senator objects to its consideration now. The PRESIDING OFFICER.— The Senate has alieadv unan- imously agreed to proceed with its consideration. The- question now is, on laying the resolution on the table. Mr. BERRIEN. — On that question, if it be intended f< dispose of the resolution by laying it on the table, I must ask the yeas and i.ays. Mr. CASS. — I have no disposition, as far as relates to myself, to prevent a vote of the Senate being taken upon the resolution at some futiure day. I merely desire that it shall be laid over for the present. The motion was adopted. JESSE E. DOW. Mr. DICKINSON submitted the following resolution for con- sideration : Resolved, That Jesse E. Dow be admitted to a seat in the Reporters' gallery from w liich he was excluded by an order of Uie Senate of IGth March. Id4(j. .ADJOURNMENT. A motion was made that when the Senate adjourn, it be to Monday next ; upon which the yeas and nays were demanded and ordered. Yeas, Nays, iMajority ajsainst the motion, So the motion was not agreed to. 19 Resoli-ed, That the Presidelft of the United States be requested to furnish to the Senate, copies of the letters, reports, or other commnnications which are referred in ILLINOIS rail road. Agreeably to notice, Mr. DOUGLAS asked, and obtained leav 140 INSTRUCTIONS TO GEN. SCOTT. [Thursday, to brine in a bill cranting to the State of Illinois the right of wa}' and a donation of public lands, lor making a rail road connecting the Upper and Lower Mississippi with the chain of Northern Lakes at Chica!;o; which was read the lirst and second times, by unani- mous consent, and referred to the Committee on Public Lands. THE INDEPEXDENT TREASURY. Agreeably to notice, Mr. ATHERTON asked, and obtained leBve, to brmg in a bill supplemental to an act entitled "An act to provide for the better orijanization of the Treasury, and for the collection, safe-keeping, transfer, and disbursement of the public revenue;" which was read the tirst and second limes, by unanimous consent, and referred to the Committee on Finance. RETIRED I.I.ST FOR THE AR.MY. Mr. DAVIS, of Mississippi, from the Committee on Military Affairs, reported a liiU to increase the eincicncy ol the army by a retired list for disabled officers; which was read and passed to the second reading, FOREIGN MAILS. Mr. NILES, from the Committee on the Post Office and Post Roads, reported a bill supplementary to an act entitled "Anact to provide for the transportation of the mail between the United Stales and foreign countries;" which was read and passed to the second reading. Mr. NILES said that ho was instructed by the Committee on Post Offices and Post Roads, to report this bill for the better regula- tion of our forciirn mail service. It was probably known to Sena- tors that our mail to Southampton and Bremen, had encountered difficulties in England, from the illiberal and unjust policy of the British government. All letters conveyed in our mail, to be left at Southampton, not only for England but for France and other countries in the south of' Europe, intended to be sent from South- ampton to Havre in p>.ince, were subjected to a postage of twenty four cents. So unfriendly was the conduct of the British authorities, that instead of permitiiig the letters conveyed in our mail to go to and from England without postage, as we permit the letters conveyed to and from this country in their mail, they subjected the letters conveyed in the United Slates mail to a higher rate of post- tagethan letters conveyed in private vessels. By their law, eight pence is the postaie on lellcrs to and from Great Britain to the United States. This is the general rate. But to discourage and undoubtedly in hopes to break up our mail lins, the government increased the postage on letters transmitted in our mail to one shilling, or twenty-four cents, equal to our own postage. This proceeding subjects letters transmitted in the American mail to lorty-eight cents postage, Nvhilst those in the British mail pay but twenty-Tour. It is evident that our mail cannot compete with the British lines under such circumstances. This bill subjects letters broui^ht in British or other foreign mails to twenty-four cents pos- tage, to counteract the operation of their law, and also provides for regulating the transmission of letters to and from the United States to all foreign countries. PRIVATE BILLS. Mr. WESTCOTT, from the Committee of Claims, to whom was referred the petition of David Whelply, submitted an adverse report; which was ordered to be printed. Mr. DOWNS, from the Committee on Indian Afl'airs, to whom was referred the memorial of Samuel W. Bell, a native of the Cherokee nation, submitted a report accompanied by a bill for his relief. The bill was read and passed to a second reading. Ordered, That the report he printed. INSTRUCTIONS TO GEN. SCOTT. The Senate proceeded to consider the following resolution sub- milled by Mr. Manuum, on the 19lh instant : Iff.^otrrd, That tile Vresiilent ot'llip Unitpd States be reqnesteil to inlorm IJie.Sen- ate whetlier the general order*. No. 37fi, issued by Gen. Scott, at bead-quarters, !\Iexi- iro, bearins; date l.jtb December last,, were i^led under instructions from the Secretary ot"\Var; and if so, tolay s.aid in.'trvictions before tlic Senate; and also any opiiiioii of (Jen. Scott, in regard to the necessary tniblary means to carry said instructions into edl'cl, which may be on file. Mr, CASS impiired whether the usual clause referring the dis- closure to the Executive discretion was contained in the resolution; and if not, he suggested that it should be there, Mr. MANGUM, — I have no objection, sir, if the Senator de- sires it. The question beinc about to he put on ihc adoption of the reso- lution as modilied, Mr. CASS suggested that it would be better to let the resolu. lion lie over till to-morrow. Mr. MANGUM. I am extremely unfortunate, sir. I cannot please the gentleman in any way. I'he resolution which I pre- sented the other day was drawn, as 1 tlion staled, with a due re- gard to lliat official decorum wjiieh has always been observed to- wards the Chief Magistrate of iho United States. I proposed lo insert the usual qualification, if in his opinion the same may he communicated consistently with the public interests. It was ob- jected to. I afterwards inserted an amendment, that the resolu- tion might be answered either confidentially or otherwise. That necessarily excluded the latter clause, because I suppose the prin- ciple will not be affirmed here, particularly when sitting in another capacity, that any thing that is necessary to enlighten us in regard to any matte.' pending before us, which may be in the possession of the Executive — which can be taken by us confidentially, only if the Executive chocses to give it to us in that way is not a part of Execu- tive business, which we are as much entitled to as the Executive himself. I say, too, that as legislators, we ought, unless there is some particular reason which makes it improper that it should be communicated to the public, to be put in possession of the ful'est information. However, in this respect I endeavored to restrict the call for the communcation which might bo cov- ered by the resolution, and simply asked to be informed if an order had been issued from the Executive or War Depart- ment to tlie general commanding-in-chief in Mexico, directing him to overrun all Mexico, if instructions to that eirect had emanated from the War Department or from the Executive department; and if so, we desire to see those instructions simply as to that point — 'and restricted to that point. If there are other matters of a gen- eral character which it may be deemed improper to give to the public, let the information he confined to that point solely, I do not desire to have the infcumation in all the ramifications into which it may be pursued, but simply in regard to this point. The' point is this, did an order to the general-in-chief issued from the Executive or War Department, directing him to cover the w-hole of Mexico, or to take possession of all the strong points. If this be the case, then I desire to know the opinion of the general-in- chief in regard to the extent of the military means necessary to effect that object. It is particularly, vastly, important in regard to these thirty regiments, that are asked for in addition to the military force already authorized by law. And, sir, who are the best judges of the extent of the military means necessary in any of these military movements ? General Taylor and Gen- eral Wool, in one line of our defences, are unquestionably much higher authority that can be derived from any other source, either in this country or out of it. In regard to the other division of our forces, sir — those in the city of Mexico, and on the line between that city and Vera Cruz — where is there au- thority to be found higher than that of Gen. Scott V There is none, sir. And I believe the inclination of Gen. Scott is to ask ample means for the accomplishment of the object which he seeks to attain. I think, sir, that he will not risk the* safety of his army, nor will he risk his exalted military repulation in embarking upon an enterprise without the means which will enable him to accom- plish what he undertakes. I therefore take it for granted that he asks for the amplest means ; and if the means asked for by him ■will not amount to so much as the thirty regiments, I think it will be an unanswerable argument against the application of the Sec- retary of War for these regiments. Sir, I desire to extract no- thing that ought to be withheld. I desire to ask for nothing that will embarrass tlie Executive, or in any way complicate our rela- tions with Mexico. There is no such purpose. I desire two ob- jects, which must be apparent to the honorable Chairman of the Committee on Military Affairs, I desire first to know the scope and extent of the Executive purposes on this subject ; I have a right to know them, and the country has a right to know them ; and after having ascertained the extent and scope of the Execu- tive purposes, I desire to ascertain the extent of the means neces- sary to accomplish those purposes. Knowing these things, there will not be much difficulty in forming a decision as to the course which we ought to take when we come to vote upon the bills which are presented to us for increasing the forces, I feel very sure that there is an over-sensibility — a sort of tender-footedness, if I may use such an expression, in regard to marching up to the point, and conveying direct information, on the ])art of the honora- ble Chairman of the Committee on Military AtTairs — I mean it in no offensive sen.se — a sort of skitishness, sir, which is not, I think, what we have a right to expect. If the gentleman desires to make the resolution entirely decorous by adding the ordinary clause of qualification, a proposition of that sort will be acceded to with great pleasure on ray part. Sir, I have not seen within the halls of one or the other of these Houses of Congress for many years anything even approaching to such a degree of sensibility as seems now to bo felt by the honora- ble Chairman of the Military Committee, as if we were to sit here with resolutions on our tabic asking only for that which already belongs to history, and the communication of which might be, regarded very mucii as a matter of course, without adopting tliemi Is it intended that we shall not have the information which wilf enable us lo act underslandinglv ? I hope not, sir, for the sake of the spirit of our institutions, for the sake of this Executive's sense of right, I hope it mav not be even implied, that no decent inves- tigation shall be permitted, that no light shall be afforded us Mr, CASS. — I disclaim entirely, any tenderness on this aide of the Chamber with regard to an cxauiinalion of the policy of the administralion in the prosecution of this war. The tenderness whii-h we teel has reference to the rights of the country. Wo do not wish anv information to go out from tho Departments which would be usi'ful to the enemy." That is the only motive which indu- ences us. We are perfectly willing, and I for one am anxious, that every luoper information shoukl be sjircad before both Houses of Congress; hut as I said the other day and beg to repeat now, tho January 20.] INSTRUCTIONS TO GEN. SCOTT. 141 honorable Senator must be himself aware, that there are many things which a wise and discreet government will not disclose in the face of the enemy. Mr. MANGUM, (in his seat.) — We do not want that. Mr. CASS. — If we are "tender-footed", then, it is for the coun- try. But the honorable Senator saj's, that he desires this informa- tion for two purposes; first, in order to ascertain the objects of the Executive, and, second, the opinions of the Generals in command. I hope tliat the Execu'ive will communicate fully to the Senate and to the House the whole objects it has in view. I hope that the Executive will say in so many words, that its object is, in any - circumstances to conquer Mexico, Mr. MANGUM, (in his seat.) — To conquer Mexico? Mr. CASS. — I repeat, to conquer Mexico. Several Senators. — The whole ? Mr. CASS. — The whole, but not to hold it all. To conquer Mexican injustice — to conquer Mexico until she seek a fair and honorable peace — and I hope that tlie K.\ecutive will carry on its operations in every part of the Mexican country till that object be accomplisiied. If I know my countrymen, ihey will sus- tam the President in doing so. Tliat I take to be his purpose — • and the manner of obtaining that object must be determined by the Executive in consultation with military men who understand the country and the situation of the Mexican government. I do not profess myself to know the country, and do not speak ex cathedra on the subject. I believe it would be proper to commu- nicate all important facts relating to the general operations of the campaign, withholding those which relate to the numbers, mate- rial, and destination of tlie troops, with other information which might be useful to the Mexican government. With this exception, I believe that every thing else had better be laid belbre Congress and the public. I do not believe the Executive has any secrets to withhold. I have no doubt that General Scott acted under full in- structions from the government, though I do not know the fact. I do not doubt it, because no commanding general in the circum- stances in which he was placed, would so act without the instruc- tion — expressed or implied — of his government. And the order he issued is just such an order as, in the existing state of things, an American general should have issued. These are to go forth to the army and the enemy, and are to be followed by prompt and vigorous execution. With these impressions, if the honorable Sen- ator from IS'orth Carolina will permit a clause to be inserted in his resolution allowing the exercise of Executive discretion in this case, in order ■ to withhold such information, if any there be, as might be useful to the enemy, I would vote for his motion . Mr. CRITTENDEN.— I do not know, sir, that during the whole period offey service here, I have ever witnessed more jeal- ousy with regard to calls for information, than has been exhibited on tbe present occasion. The Senator who lias just taken his seat does not believe that the Executive has a single secret in relation to this war that he desires to withhold, and yet he is signalized by the continual opposition which he makes to every api'cal to that department of the government for information. That Senator may well be a little sensitive under the application of the term "tender-footed" upon this subject. For, certainly, he has mani- fected a high degree of readiness upon all occasions to question and scrutinize very closely any, and every resolution offered, mere- ly for the purpose of enquiry and infurmation. Now, why is this ? Here is a ureat subject, upon which we are legislating — a ques- tion of peace and war — of raising armies; and when we ask for the opinions of our military officers — who are engaged in the war, and are acquainted with tiie country in which the war is carried on — on this great question, it is treated as though it were a State .secret, 'and we are not permitted to appeal to the Executive de- partment for information, or communicati9ns received from these officers. This is most strange and unaccountable. We areecu IVeelv indulTcU towards the President of the United States, equally doro.'alory to the dignity of this body, unfit to be applied to the first magistrate of this great nation, and entirely unmerited iu point of fact. One gentleman has not hesitated openly to charge the Executive with falsehood, in regard to his declaration ol the objects of tlie war; whi<:h is notliiiig more than a coarse version ol what is reported in a paper, which I hold in my hand, to have emanated from a distinguished Senator now in my eye, at Spring- tield last September, about "pretexts, eva.sions, pretences, alter- thou"hts," &c., &o. Another gentleman charges lalseliood by inuendo, and assumes with something of pecuhar grace, and cer- tainiv witli more than the ordinary dramatic emphasis, to blush lor the President. Another charges "disonesty," '-robbery " "pill- aoe ■' and ••murder;" another, •■hypocrisy," another a ' violation of the constitution." another, "the usurping of powers properly belon^in" to Congress." Now, if the President be hall as guilty as hels accused by honorable Scn.itors of being, he ought, for the honor of the country, to be iinniediately impeached; and I a little wonder, under all the circumstances, that a great Hastings allair has not been bef.ire now gotten up; considering the lusty menaces which we know to have been thundered forth in various quarters, and the pregnant fact, that at least one member of this body is re- ported to irave already declared that he is impeachable. I wish distinguished Senators would recollect the wise requisition of the comuion law, lliat even jurors, who only determine the facts of the case, must be majores omni cxccplionc; and that Justice was by the ancients painted blind, iu order to indicate, that all who ap- proached her sanctuary, should do so, free from all preconceived prejudice, and exempt from all exterior influence. I take the liberty of reminding honorable Senators, whilst indulging these sun-gestions, of one of the most imposing judicial scenes which is recorded in ancient annals, the trieil of Lucius Cataline by the Roman Senate. The beautiful sentences with which Julius Caesar commenced his noble speech on the occasion, contain a maxim which I fear is almost too elevated for even this Christian genera- tion. ''Omnes homines, qui de rebus dubiis consultant, ab odio, amicitia, ira, atque misericordia racuos esse decet. Hand facile animus cenim providet. iibi ilia officiant. Ncque quisquam omniuin tuuidini simul tt usni paruil. Ubi intenderis ingenium, valet. Si Lubido possidet, ea dominatur; animus nihil, valet." Now, if certain menaces which we have all heard of in regard to grave proceedings elsewhere against the first magistrate of the nation, were as honestly announced, as they have been iifdecently paraded before the country, there may be yet some possibility of illustrious Senators, when called on to perform a high judicial duty, with the Chief Justice of the United States presiding in this Chamber, either challenging themselves or being challenged by others on the score of incompetency to discharge the highest functions belonging to the body. I hope to witness no such painful and perplexing predica- ment; but if It should occur, it would perchance not be without a salutary influence in the way of example. Mr. President ; Before 1 conclude what I have to say upon this occasion, I led called upon to notice, and if possible, in some de- gree to counteract certain views expressed a few days since by the venerable Senator from South Carolina; and, in doing so, I be- lieve that he at least will not question my sincerity in declaring that, such is my high respect for his extraordinary powers of intel- lect, and liis numerous virtues, that it is to me most painful to dif- fer with him in opinion on any great public question- It would certainly be my wish to remain silent, not>vithstanding my dissent from his views, but that I sliall be compelled by a sense of duty, to vote in opposition to tb<'. honorable Senator's profound and inge- nious reasonings; and if I fiiil to state sound and substantial grounds for doing so, I shall incur the risk of being misunderstood by the whole country. I understand the Senator from South Carolina to oppose the measure under consideration, on the ground that no additional troops are necessary for the attainment of any legitimate object. or for any object herclcilbre avowed by the Executive. He ar'nics! that the ccnnpicst of tlie interior regions of Mexico has advanced so far, that, if the troops now there are not speedily withdrawn, to what he calls u (h-fensivc line, we will incur the liazard of anni- hilating the nationality of Mexico, and of thus failing to obtain a treaty of jicace at all, for want of a valid governmeiu with which to conduct our future negotiations. Mr. President, I will not un- dertake to decide wheiher or not the Senator from South Carolina be ri-jht in supposing that Mexico is in such imminent dan- ger of loosing her nationality, f his may, Iexico. and the interests in favor of keeping possessson would he much more powerful then than now. The army itself will be larger — those who live bv the war, the numerous contractors, the merchants, the sutlers, the speculators inland and mines, and all who are jiroliting tlirectlv or inilircetly by its prosecption. will be ad- verse to retiring, and will swell the cry of holding onto our eon(|uests. They constitute an immense body of va.st infloeiice, who are growing rich by wiiat is impoverishing the rest of the country. That it would be contrary to the genius and character of onr government, and sub- versive of our free popular institutions, to hold Mexico as a ^ibjcct province, is a prop- osition too clear for argument before a boily so enlightened as the Senate, Let it not be said that Great Britain is an example to the contrary; that she holijs proViiures of vast extent and population, without materially impairing the liberty of the subject, or of exposing the government to violence, anarchy, confusion, or corrup- tion. It is so. But it must be attributed to the pecnliar character of her government. (-)f all governments that ever existed, of a free character, the British far transcends them all in one particular, and that is, its capacity to hear patronage without the evils usually incident to it. She can bear more, in proportion to popidation and wealtli, than any government of that character that ever existed. I might even go further, and assert than despotism itself in its most absolute form. I will not undertake to explain why it is so. It will take me further from the course w inch I have prescribed for mv- selt", than I desire; but I will say, in a few words, that it results from the tact that her Executive and the House of Lords, (the conser\ative branches of her government. » are both hcr.'ditary, while the other IIou^? of Parliament has a popular character. The Roman government exceeded the British in its capacity for c!0n(]ucst. No government ever did exist, and none probably ever will, which, in tliaf particular, equalled it; biii its capacity to hold conquered provinces in subjection, was as nothing compared to that of Great Britain; and hence, wdien the Roman power passed heyoinl the limits of Italy, crossed the Adriatic, the Mediterranean, and the .\lps. liberty tell jirostrate; the Roman people became a rabble; corruption penetrated every department of thegov- ernuient; violence and anarchy ruled the dav, and mditary despotism closed the scene. Now, on the contrary, we see England, widi subject-provinces of vastly greater terri- torial extent, and probably of not inferior population, (I have not comjiared them;) we see her, I repeat, going on without the personal liberty of the subject being mate- rially imj)aired, or the government subjsa t lo violence or anarchy ! Now, I shall not here stop to discuss the meaning of the term province. It is obvious that the Senator's view of the matter is, that the extension of territorial dominion by Rome had the eti'ect of prostrating her liberties. I confess I never met with this opinion before. It is certainly not in Gibbon, or Niebur, nor do Pthink it can be found in the pages of any other philosophic historian who has written of that wonderful people. On the contrary, the free- dom of Rome commenced with territorial conquests — grew and strengthened continually with farther conquests — and never be- came Very seriously impaired, until the God Terminus began to think of receding, "But though Terminus (says Gibbon) had re- sisted the majesty of Jupiter, he submitted to the authority of the Emperor Hadrian." The first emperor of Rome lor the first time announced the no territory policy to Roman ears, and, ae ording- ly, the same illustrious historian just quoted, s.ays "the pr'ncipal contpiests of the Romans were achieved under the Republic ; tind the etliperors, for the most ptirt. were satisfied with preserving those dominions which had been acquired by the policy of the Se- nate, the active emulation of the consuls, and the marlial enthusi- asm of the people. The seven first centuries were filled with a rapid succession of triumphs, but it wtts reserved for Auijustus to relinquish the ambitious design of conquering the whole earth, and to introduce a spirit of moderation into his councils." The Sentitor Irom South Carolina was plea.sed to desienate a period in Roman history as the commencement of the ruin of free institutions, nearly four hundred years anterior to the age of the Antonines, selected by Mr. Gibbon as the beginninij of the decline and fall of Rom.an power. He says; "As soon as the Roman power passed from Italy beyond the Adriatic on the one side, and the Alps on the other, and the Mediterranean, their liberty fell prostrate." 'Well, if the Senator is correct in this statement. Ro- man liberty perished before the five hundred and fiftieth year from the building of the city, and nearly two hundred years liefore the reign of Augustus; as lUyiicum, beyond the Adriatic, was certain- ly subdued as early as tlie year five hundred and fifteen, ab iirbe fonrfi/fl, Spain was conquered by Seipio in the year five hundred and forty-seven, of the same era; and the Macedonian Kine early .-ettlenients only dotted, here and there, lor a tew miles, the W.c-.ik and barren Atlaute- eoast of XoitSi .\n'eriea, will be seen, \\\\\\ the consent of gco:l men and true rd' all siatioas. to hear "toruard and aloft, over the laud and over tlie sea," that very lianiier ot' Moral Regeneration spoKeu of in the tirt pte'e ot" this work, until even, "amidst the nmnn:iisi ol the Paeilie sea," and over tile bea'lilifiil plains ami valleys of Eastern Me\ieo. a voiee shall lie heard saying: '■ 7'/(e,-e /.s iin Olid, b'.ii the Goit nf Truth, and .hiMirr. unit Jirotkrrh/ Kiitili>r.t/t; ami Ii!< fitrorit-ifS arc thf: Sprcaiti-rs of tuwic/filiir, avtt the hmiic net merciful Chnstisir.* of K.ickcU tticK and itatwii.^." The scenes hero-in described have been in part at least realized; anil tliey are destined to be still more fully realized, if we shall dare to do our duty, regardless oT illiberal cavils and factious op- jiosition. In answer to the objections of the Senator from South Carolina, it has become necessary to take a short view of tlie character of the pojnilation at present in Mexico. There are said to be now about seven millions of people: their number having rather dimin- ished than increased in the last ten years. Of these abtnit lour millions are, as they havejiecn deseribe'd by the Senator from^outh Carolina, Indian.s— who,"thouab gentle iii their manners, dot^ile, obedient, orderly, and industrious in their habits, are yet nothing more than Indians in their eaiiacity for exercising political rights. They live together in towns and villages, linve proi)erty in com- mon, and enlbree their former tribal n'sages, except so far ;is they m,iy be restrained by special law. They are cultivators of the soil , exclusively; and constitute no part of the popuhition of Mexico 'subject to' do mililarv service. They have not enjoyed political rights, in other words', thcv have not voted at elections, since 1833. Nor are they desirous o'f being allowed to do so. Whatever they may bce'omc in future, under judicious and luimane regula- tions, siieh as we have applied to our Chickasaw, Choctaw, and Cherokee Indians, remains to be seen. In the present state of thinns. thousli, no manof sound prai,-tical intellect, I suppose, wotiTd think of entrusting them with all the rights of -\mericau citi/enship. An experiment of litis kinil formerly tried in Mexico is known to have been a total failure. Three millions remain lo be disposed of. Of these the military uristocracv, the twciitytwo thousand uliieo-lioldcrs, and their ser- January 20.] THE TEN REGIMENT BILL. 147 vile dependents constiliito perhaps a body of two linndred thousand. Tliese, with a portion of the priesthood, and tiieir dependents and servitors are linown as the aristoeratic party. The Peons, or villeins appendant, as they may he called, are a mi.xed race, slaves in the most unfavorable sense of the word, and transferable with the soil which they tdl. They are said to number about seven or eight hundred tliousand soids, and constitute the rhief resource of the military aristocracy lor recruiting their ar- mies. The negroes are too inconsiderable in point of numbers or ni- flnonee to be entitled to any serious regard in this view of the Mexi- can people. The remainder, in number more than two millions, are the Puros or democrats of Mexico; the friends of republican institutions, always fricndlv to our people and government, and especiall)«so in this war, as is provable by much' and satisfactory evidence; far more friendly with us certainly than to their cruel oppressors, the military tvranfs. The Puros" arc the bone and sinew of the coun- try, the niost intcUi-jrcnt, virtuous, and orderly people in Mexico. They recognize us, and justly, as their deliverers, and arc fiiU of apprehension at t^e prospect of our surrendering them again to tlie cruel oppression from which tliey stand now released. As the retention of Mexico by the United States, should we be forced to retain it, is objected to by some on the "rround of the enormous expense likely to be attendant upon our doinii so, I will here submit a lew facts'calculated to rtllay all fear on this point. 1. It is estinuited by our Secretary of the Treasury, in his an- nual report, that the domestic commerce between the States of ibis confederacy amounts annually to the sum of $30(),0()0,0P0. Upon the basis' supplied by this estunate, when a general free- trade intercourse shall have been once established between the States of this Union and Mexico., this new branch of domestic trade would amount to S166,000',b00. Of which, if we suppose thij trade to Mexico to be SS3,000,000,' we have an increase of more than $S2,000,OUO complete.' Ulidcr- the control of Brhish councils, and by the instrmuentality of prohibitory and peculiar duties, many of our most valuable staples — such as flour, tobacco, manufactures of cotton, &e., have been heretofore excluded. This would be no longer the case were Mexico-part of the Union. 2. For our ]Moduec and manufactures, we should receive from Mexico — I. There great staph-' exports, gold and silver. 2. Their other mineral products derivable from mines almnst wholly un- touched, consisting of quicksilver, copper and tin. 3. Their valu- uable woods, consisting of mahogany, ^c. 4. Cochineal, logwood, and other dvc-stufis. 5. Coftee, cocoa, and wine of a flavor equal almost to aiiy in Europe. (). Hides. 7. Tobacco, equal to ttie best Cuba tobacco. 8. Silk, of which there is a considerable quantity manufactured at present; and, under the fostering protec- tion of free instiuitions the quantity could not but bo greatly en- hanced in a short period of time. 9. Sugar, 1o the raisinsr of which the greater part of Mexico is admirably adapted irt point of soil and climate; and it is a fact, (not a little remarkable it is too,) that though the State of Vera Cruz, yiosseses native resources as a planting region, but little inferior to the iiland of Cuba itself, until the lanuing of our army under General Seott, there was no loaf sugar to be found in ijie vicinage of tiie city of Vera Cruz, e.xGcpt what was most inconveniently and expensively brought there on the backs of mules, from the Pacific slope, a distance of fjur hundred miles. 3. The ([uicksilver mines of Mexico have not been regularly worked; but enough is known of them to authorize the opinion, that they are greatly the most valuable which have ever been dis- covered. The article of quicksilver, in consequence of its having been, to a great extent, monopolized by the Rothchilds. has lately reached a price in market which may be well deemed enormous. The opening of the mines of quicksilver under our supervision and direction, would at once cheapen the article everywhere. The value of quicksilver as an amalgam, so indispensable as such in mining operations, is too well known to justify e.Ktended remark on this head. 4 . I feel bound to add, that without the Isthmus of Tehuanlepee, which can never be fully and availably utidcr oar conlrol, except as an incident to the anuexalion of Mexico low enough down to embrace it, wc can hardly calculate upon rctaiuinff the permanent possession cither of Caliliirnia or .Oregon. The diiilculty of reaoh- mg any ]ilace on the Pacific coast Irom the densely settled por- tions of the United States, and the immense consumption of time now unavoidable in performing such a journey, seem to make it more than jirobuble, as one sagacious and profound statesman of New Knglaiul has already predicted as to Oregon, that at no distant day, if no canal or railway' across the Isthmus shall ever be etieeted, an independent State or States will be lik.'-ly, to spring up on the Pacific, which will claim and hold all the ter- ritory rightfully belonging to us in that part of the world. V\^ith - the Isthmus and a canal across it, all danger on this .score would be cfiectindly obviated. With the Isthmus, and a convenient com- mercial communication between tiie two great oceans, this Re- public will at once become the greatest commercial nation in the wurld . 5. Lastlv. If we fall back to a defensive lino, the militarv ari- stocrats will reorganize under the protection of Great Britain or some other foreign government, and then n-e shall have a war on our hands which will he intenuinahle. The fact that Great Bri- tain has long struggled to control the destinies of Mexico — that she is known lo be quite jealous of our present prospects in that country — that Lord Palraerston has recently in Parliament thrown out very distinct intimations of a disposition to seize upon the whole of Mexico, as indemnity for certain debts due to British subjects — ■ together with the striking fact that the British government is known to be already in possession of the pass of Nicaragua, shoidd solemidy admonish us not to withdraw our troops and evacuate the country too lightly, nor. in the emphatic language of the day, with- out having obtained complete indemnity for the past, and entire se- curity for the future; by which I understand lull indemnity in mo- ney or territory, and full security for ourselves and our posterity. I am satistied, su-, for the present, with having presented this hy- jiothetical view of the compensating advantages iikeh to arise liom the annexation of Mexico, in case the obstinacy of that nation, encouraged as she has been from this country lo conti- nue the struggle of arms, should finally constrain us to take pos- session of alllhe country and hold it forever. Mr. CRITTENDEN.— I have lislencd to the, speech of the honorable gentleman who has taken his seat, with all the attention which his own high character, and, if ho will allow me to add, my rcgai-d for him, eould inspire. In the course of his very animated and eloquent remarks, there was one passage which I jegrct, and I now rise simply lor the purpose of recalling his attention to it, and making a single remark upon it. I allude to that part of the genlleman's remarks in which he alluded to Mr. Chay, in language too plain to be misunderstood, and described him as "a raagne- tizcr," eiuplo3'ing certain acts for the purpose of promoting cer- tain pretensions to the Presidency, which the gentleman thought pioper to attribute to him. Sir, BTr. Clay is now a private citizen — a man venerable for his age; and (I think I may say without fear of dissent from any gentleiuan.) illustrious on account of his char- acter and his public services. He is now unconnected "o'ith politi- cal life; and I submit to the honorable gentleman, whether those considerations might not have protected him from such an allusion, and from such imputations as liave been cast upon him ? Mr. FOOTE. — If the honorable gentleman will allow me — Mr. CRITTENDEN.— In a moment, sir. I have had tin lienor of laiowing Mr. Clay, and of calling him friend, and being called friend by him, for the last twenty-five ycafs of my life. I tliink I know him, sir, and I think I can venture to assure my hon- orable friend from Mississippi, that there is no man in this country more incapable of the practice of any ignoble arts than he is: and that he would not have the Presidency at llic price of any such arts practised by him. To him the Presidency could add but little. He will adorn a bright page in the history of his country; and there, sir, when the passions, and prejudices of parly shall bo hushed, his will, indeed, be held by all AmericanSj the »' ^'Clarum ct T^entrabile nomcit" — a name honorable and illu.strious, whicli, combined with the names of his great and distinguished opponents will, with their blended light, foiievcr illmuinate and illustrate the annals of our country, I regret then, sir, that in the course of these aiiiniateihilitv the ine^^age from the llou.^e of Representatives, annoniicing the death of Hon. Joa.N W. UoRNDEcK, a Representative i'roni the State of Pennsylvania. licsnti'cd, unftrnmniii^hf. That the memliers of the Senate, from a sincere desire of showing every niarli of resjiect to the memory of the deceased, will wear tile usnal had:.'e of mourning for thirty days. liesolved, That as a furtiier mark of respect for the memory of the deceased, tb« Senate do now adjourn. The resolutions having been unanimously adopted, The Senate adjourned. January 24.] PETITIONS— RESOLUTIONS. 149 MONDAY, JANUARY 24, 1848 Mr RUSK niesented the credentials of the Hon. Sam Hofs- TON, elected a Senator of the United States, from the State ot Texas, for the term of six years from and alter tho 4th day ol March, 1847; which were read. Mr. HOUSTON, haviug taken the oath prescribed hy law. took his seat in the Senate. MESSAGE FKOM THE PRESIDENT. ■ The following message was received from the President of the United States, by Mr. Walker, his Secretary : TotkeSehateoftlie United Slates: .• i ,o , . , i In compliancH with tlic re(iuest of the Senate, in tlieir resolution ol th.- t.lth ni>lant. l herewith communirate a re]iort from liie Secretary ol War, with the accom|iaii.nnc correiponJence, containing ttc inlorniation call.'il lor, in relation to '• loiccd (•ontribu lions'' in 'Mexieo. Ja.mes K. l.iLK. Washington. January '^4, 184(^. ing privilcae ; which was referred to the Committee on the Post Otiice and Post Roads. Mr. BRADBURY presented the petition of Amos Doughty, a soldier in the last war with Great Britain; which was referred to the Committee on Pensions. Mr. ASHLEY presented the petition of Reynolds May, pray- iii<' to be released from a judgment rendered against hint at the suTt of the United States; .which was referred to the Committee on the Judiciary. Mr. JOHNSON, of Md., presented the petition of Alexander Murdock, Treasurer of the tirst Presbyterian Church of Baltimore, praying the return of duties levied on certain articles imported for the u.siTof that church; which was referred to the Committee on Finance. On motion by Mr. DAYTON, it was .Ordered, That it be printed. PETITIONS. Mr. WEBSTER presented a petition nf Importing merchants of the city of Boston, praying a modification of the 8th Section ot the Tarili" Act, of July SOth, 1846, relating to assessments ol duties on invoices; which was referred to tho Committee on Finance, and ordered to be printed. On presenting this petition, Mr, WEBSTER remarked that its signers, persons' of eminent respectability, complained of a provis- ion in the 8th section of the law commonly called the Tarill Act of 1846, to which lie desired to call tlie attention ot the Finance Committee, It would be remembered that under that law all du- ties were ad valorem, to be assessed upon thevaluo at the port where entered, and that, to determine the quantity, the articles .were to be weighed, guagcd or measured by the proper officers at the Custorn Houses. " Now this 8th section of the law, while it very properly provides for the payment of duty upon any excess be- yond the amount of tho invoice, also declares that, m assessing the duty upon goods imported, "under no circumstances shall the duty be assessed on an aniount less than the invoice value." The petitioners complain that under this provision, when the goods in- voiced fall short of the invoice, either in weight, guage or measure, they are compelled to pay duties on that which they do not receive. They therefore request that the section referred to should be so amended as to read ''that on all articles usually bought and sokl by weight, iiuage or measure, the duties thereon shall be computed and pafd according to the returns of weight, guage or measure, of the sworn olficers of the United States in the several ports." Mr. WEBSTER presented the petition of the citizens of Bed- ford County, Pennsylvania, praying a reduction of the rates ot postage on newspapers; which w;is referred to the Coimnittee on the Post Office and Post Roads. Also, a memorial of ministers and laymen of the Unitarian de- nomination of Christians, praying the adoption of p.aeitic measures for securing an immediate and permanent peace with the Republic of Mexico; which was laid upon the table. Also, the petition of citizens of Billerica, Ma.ssachusetts, praying the adoption of measures for terminating the war with Mexico; which was laid upon the table. Mr. BERRIEN presented a memorial of J. J. Flournoy, pray- in" the adoption of measures for establishing a tribunal for the peaceable adjustment of international disputes; which was referred to the Committee on Foreign Relations. Mr. LEWIS presented a memorial of the General Assembly of the State of Alabama, praying the establishment of a national armory near the city of Tuscaloosa, in that State; which was re- ferred to the Committee on Military Affairs. Mr. BAGBY presented a memorial of the General Assembly of the State of Alabama, praying the graduation and reduction of the price of the public lands in that State; which was referred to the Committee on Public Lands. Mr. DICKINSON submitted additional documents relating to the claim of the heii-s of Jethro Wood; which was referred to the Committee on Patents and tho Patent Offieo. Also, the petition of citizens of Nunda, Now York, praying a reduction of the rates of postage and the discontinuance ol the frank- On motion by Mr. BELL, it was Ordered, That Susan Coody and others, Cherokee Indians, have leave to withdraw their petition and papers. On motion by Mr, JOHNSON, of La., it was Ordered, That the petition of the heirs of Nicholas Barra, on the files af the Senate, be referred to the Committee on Private Land Claims. ROUTE TO CALIFORNIA. On motion by Mr, WESTCOTT, it was Ordered. That in printing the documents communicated by tho Secretary of War, on the 15th December last, in answer to there- solution of the Senate of the 9th December, all papers not connec- ted with or appended to the report of Lieutenant Emory, trans- m,itted to the Senate, and with the report of Lieutenant Colonel Cooke to Colonel J. J. Abert, Chief of the Topographical Bureau, dated December 6. 1847, be excluded. NOTICES OF BILLS. Mr. ASHLEY gave notice that he would, at an early day, ask leave of the Senate to introduce a bill to extend the maritime ju- risdiction of tho United States' courts to all the navigable waters of the United States. Mr. RUSK gave notice that he would, at an early day, ask leave of the Senate to introduce a bill authorizing the President of the United States to increase the Naval establishment. CLERK TO THE COMMITTEE ON PRINTING. Mr. CAMERON submitted the following resolution for conside- ration; Jiesoh'cd, That the Committee on Printinff be authorized to emjiloy a Cletl;, to wiiotn tiie usual [ler diem eoin|)ensation shall be paid, oat of the contingent fund of the Senate. MR. wise's correspondence. Mr. HUNTER submitted the following resolution, which Was conisdered by unanimous consent, and agreed to: Itesofveil. Tliat the IVsident of the United Slates be requested to communieate to the Senate, if not inconsistent witli the public interest, the correspondence of Mr. Wise, late Minister, Sic. of thel'nited States at the court of Brazil, with the Depart- ment of St.-ile, of the United Slates, and with the Minister and Secretary of State for foreign alTairs, of Brazil, with tlie accompanying pa(>ers, as embraced m his despatchei from^numher 5:i to number tU inclusive, and in his despatch from off the capes of Vir- L'inia, dated October 0th, 1847, anil in Ins letter to the Secretary of Slate, dated at Washinclon, November 3d, 1847; and the despatches of Mr. Buchanan, Secretary of Slate, to Mr. \V(se, number :i(), dated the Cil Febrnary, 1847, and number 33, dateil '.i'Jth Marcli. 1847; all relatiiij; to the imprisonment of AJonzo B. Davis, a Lieutenant of the United States' Navy, "and three seamen of the United States, by the police au- thority of the city of Rio de Janeiro, on the 31st of t^ctober, 1846. UNITED states' DISTRICT JUDGE FOR SOUTH FLORIDA. Mr. WESTCOTT submitted the following resolution, which was considered by unanimous consent, and agreed to; Resolved, That the Committee on the Judiciary be instructed to inquire into the propriety of increasing the salary of the United States' District Judge for South Flo- rida. EXPLOSION OF STE.4M-B0ILERS. Mr. WESTCOTT submitted the following resolution, which was considered by unanunous consent, and agreed to; Resolred, That the Commissioner of PatenU be directed to report to the Senate such information as he may have in his possession, or may obtain, that he deems im- portant, with reference to fnrlherlegislation by Congress, for the prevenUon of the e.^t- plosioo of steam-boilers used in boats, or for engines on roailroads, and, whether any amendmenUto the Patent laws are ailvisable toeflect such object. 150 PUBLIC AND PRIVATE BILLS, ETC. [Monday, RETROCESSION OF ALEX.\NDKIA. Mr. HUNTER, from the Committee on the District of Colum- Ilia, to whom had been reierred the bill sujjplemental to an act passed tiie 9th day of July in the year 184(i, entitled ''An act to retrocede tlie eoumy of Alexandria in the District of Columbia, to the State of Virginia," reported it without aliniendment. MILITARY LAND WAllBANTS. Mr. BREESE, from the Committee on Pulilic' Lands, reported a bill III require the holders of military land warrants to compen- sate the land ollicers of the United States, for services in relation to the location of those warrants , which was rctid and passed to the second reading. ILLINOIS KAIL ROAD. Mr. BHV.ESE, from the Committee on Public Lands, to whom was referred the bill crantinii to the State of Illinois, tlic rii'ht of ' wav, and a donation of public laud, for makiu;; a rail road con- necting the upper and lower Mississipjii. with the chain ol northern lakes at Chicago, reported it without aiucndiueut. Mr. BREESE also sulnuitted a report "U the siilijecl ; wliirli was ordered to be primed. ArJfT.\NT OF Tltr. MILITAKV .VCArt;MV. w Mr. BADGER, from the Committee on Military Allairs, re- ported a bill placins the odicer, who perforins the duty of Adju- lant at the Military Academy, on au equality, as to pay and al- lowances with the Adjutauts of Regiments. PRIVATE DILLS. Mr. ATCHISON. Iroiu tljc Coinmiltce on Indi.-iii .Mlaiis, to whom was referred the petition of Jonathan Lewis, submitted a report accompanied by a resolution for his relief. The resolution was read and jia.ssed to the second reading. Ordered, That the report be printed. Mr. BALDWIN, from the Committee of Claims, to whom was referred the bill for the relief of Jeanette C. Huntington, widow and solo executrix of William D. Cheever. deceased, re- ported it without ameiulmcut. Mr. BALDWIN also submitted a report upon the subject, which was ordered to be printed. Mr. WESTCOTT, from the Committee of Claims, to whom was referred the petition of Don Carlos Blake, adjutant of the 3d. regiment of Infantry, submitted an adverse report ; which was ordered to be printed, together with, an accompanying letter from the Quartermaster General on the subject. , Mr. DAYTON, from the Committee on Patents, reported a bill for the relief of Oliver C. Harris; which w.is read and pas.scd to the second reading. Mr.'UPHAM, from the Committee on Revolutionary Claims, to whom was reierred the petition of the widow and heirs of Dr. Gus- tavus B. Horner, late a surgeou iu the army of the Revolution, submiLted an adverse report; which was ordered to be printed. Mr. FELCH, from tiie Committee on Jublic Lands, to whom was referred the petition of Jolui Miilikcn and otiicrs, submitted a report accompanied by a bill for the relief of John Milliken and others, to secure certain rights to |)re-emption in the State of Lou- i-iana, and for other purposes. The bill was read and passed to the second reading. Ordered, That the report be printed, GEN, Taylor's views. The Sentite proceed to consider the following resolution, submit- ted by Mr. BERRIEN on the 20th instant; and it wtis .agreed to: Knsijtrcd, Tlmtttie i'ro^ident of tin; IJiiited Ht:il.i>s l,e r« iiissti'il to tiiriiisli lo I'leS-'- nalp. topies ot'tlielellL'rs, reports, or otliLTcomnmiiifatioiis vvliicli »tf rel'crrnt] to in tlie I'nter of Gt'iierai Ziii-tiary 'I'ayiur. ilalL-d at New (Irlraiis, 'j:Jlli July. IH-t,'>, an:l a-l- ilvr-sswl lo lilt! Hpcr.'t.ary ol' War, aiitl wliirli arr; so ri-fcrri'd tll,^^ coiiiaioiiigth,' \ip\\s of i:cnt,ral Tiiylor. pi-pvionsly comiiilliiic!U*!il in lc;:anl to tlir- liiif proprT to lie oi'i-tnu- Mlatllia'tiiiu. hy the rnlloil Satus; aiul aiiv rimilar TOininuiii.-alioii I'rmn any olli.-r oniii-arinyon Ibi- samr- Mvliji-il; iinli,s.s lie be- of opinion llial a tonilollnicallo'o oi'llio sanii; be inconsistent witli tin- pnlrlic lnt,'rr'^l^. WASHINGTON MONtJiMEXT. The Senate proceeded lo consider, as iii Cuuiiuitirc of tlic Wiole, the resolution .authorizing the erection, on the public "rounds in the city of VVashiiiL'ton, of a monuuient to George \Vashington; and no amendment bciuLr made, it was rep ''^ the Senate. eportoil to Ordered, That it be engrossed and read a third The said resohitirn was read a third time by UHaniniuus cj stjnl . Jiesotvcd, That it (Kiss, ami tlial tlie title thereof be fl^ aforesaid. Ordered, That the Secretary request the concurrence of tiio House of Representatives iu this resolution. aiEXICAX TERRITORY. The Senate proceeded to consider the following resolution, sub- mitted on the l.Stli instant by Mr. Baldwin : " /{{:■!/>/ ml, Tliat tlie iVe.siiieiit of the United Stotis be rcqu«ited to eommanicat<.> to till- Si-iiate any inlbrmalion lie may jiosiess ill ivj^ard lo tite extent and vaJue of the l>ulilie (loiiiaiu (if any) belon^'inj to the Kepnbtie oi'Mexlco, and aUo in regard to ttio power of that Republie, undei- tlie fnndanieiitnl laws thereof, to eede lo any tbrciwii ^'overiiinem, wliellier iiioiiarehieal or republican, the sovereignty and domiuioti o-.^er any of tlie lui-iiibers of that coulWk-racy, or tlie people thereof. Mr. HANNEGAN asked for a second reading of the resolution, and after it had been read, remarked that before the vote of the .Senate was taken on the resolution, he should desirMo liavi' some explantuion of it olfered by the mover. Mr. BALDWIN.— I will state, Mr. President, in a few words, the object which I have iu view in moving that resolution. The President of the United St.ates, in his mcssaac at the opening of llie ses?ion. has iulormed Congress that the republic of Mexico has n.i means of indeiimifying us for the claims ol our citizens, except by a cession of her territory or a portion thereof. He has also stated in his message, that it' must have been the intentioR of Con- grc.ss iu their act oi tlie last session, and iiarticuktrly in the appro- priatioiiof three millions, with a view to negotiate with the gov- crnuient of Mexico, to acquire a cession of territory from the re- public; and to. acquire probably the cession of territory of greater value than the amount of the claims which might bo dueto our citizens. Now, sir, the object of the first part of the resolution'is • lo inquire whether the President possesses any information, and if so, to request him to commimicale it to the Senate, in resard to the extent and value of the iiublic domain of Mexico, which it is in the power of that government to code to the United States — whether Mexico has any public dornain whatever — whether she has any land, any mines, -any available property which may he converted into the means of paying the United States claimants ; or whether the President, in his recommendation to pursue the war for the purpose of acquiring territory, has in view simplv the acquisition of dominion ovcrthi^ people, or anypart of the Mexican republic. And, nir, if the latter be the object — if Mexico has no public domain — if we are not seeking the actpiisilimi of property as such, but are seeking simply lor the acquisition of ilnmiiiion, tiicn, sir, the object of the second pari of the resolution is to inquire of the President whether he possesses any inl'oruiation, and, if so, to request hira to communicate the information to the Senate, in ref- erence to the power of the Mexican republic to eede, cither to the government of the United States, or to any foreign government, either of the States of that confederacy, the sovereignty over either of the States of that confederacy, or any portion of the people thereof. ; I ask this information, sir, to enable me to act intelligently and to cuablc Senate to act intelligently, not only upon the reeommeu- dation of the President, but upon tiie resolutions which are now pending before the Senate. The resolutions offered by the Senator from Indiana (Mr. Hannegan.) assert the right of the United States to acquire the dominion, and the possibility that it may be- come necessary to acquire the uouiinion, over thel{cpubiie of Mex- ii-o. I ask it for the purpose of ennablhig me to act intcUigentlv upon those resolutions. I ask it also in rclercnce lo tlie resehitions of the Senator from New York (Mr. Dick'inso.n') assorting that it is the true policy of the government of the United States to strengthen its commercial relations and its political relations, also, the annexation of contiguous terriiory wherever it m.ay he justly acquired. I wish to know, whether Mexico has the power of ceding to the United States any portion of her sovereignty over any of the members of tliat Republic — whether \vc can lawi'ully and justly acquire the sover- eignty, either hy demanding a treaty of cession, or in anv other wav. For, it must bo known to the members of the Senate, that whtin INIcxico was an cm)>irc under the irovcrument of Iturbidc, he was required to take au oath on entcnng upon the administration of the government, that he never would eede or alienate any portion of its territory. We all know that when that goveitiment was overlhrown and a confederated republic w"as established in its locmi, by the union, for that purpose, of the nineteen States com- posing the Republic ol' Mexico, that union was based upon the same jiiinciples upon which our government is founded, the Constitution of the United Stales having been adopted as the model oi' that cl the Mexican Republic, And, sir, need I ask whether any author- ity could be derived from a Constitution modelled after our own, for lh(! cession to a foreign government of any portion of the sov- ereignty over :my of the territories of States composing that Re- public? Docs any citizen of the United States suppose that it would Itc coin[n'tcn1 for this government to cede iu payment of the claims of a foreign government against us, any one of the Stales of this Union? Did the Sttito of Maine, or the Stale of Massachusetts, hold to any such a;alpart of the UiiitedState's— to invite tJicm to come in and participate in the government of this republic ? If iiicorporaied at all, we arc asked ,to incorporate them as a '•'territorial appendage" to this government. Wow the object of the resolution, which I have had the honor Submit, is to ascer- tain from the President of tbe United States, whether he possesses any information which he can communicate to the Senate, showing that such a cession can be made of the republic of Mexico, m coif- sistency with the fundamental law of the republic ? Mr. HANNEGAN.— So far as the first branch of the reso- lution ol the Senator from Connecticut is concerned, I do not know, SU-, that I have any objection to oBer. I presume the an- swer to it would necessarily be, that the President has no informa- tion upon the subject. It amounts to nothing. I pass then to the second branch of the resolution. The Senator in tbe com-se of his remarks, thought proper to refer to certain resolutions, which 1 had the honor to submit to the Senate, a short time since. I was not in the Senate on Thursda\- last, at the moment when the Se- nator introduced his resolution, and I knew nothini' of its introduc- tion, or of its import, till I Tieard it read this mornins at the Se- cretary's desk. With regard to rcy own resolutions, 1 do not feel myself called upon, to ?ay anything on them now ; but with refer- renee to the second branch of the resolution ofl"ered by the Inmora- ble Senator from Connecticut, I must make a few remarks. I object to that part of the resolution, on several grounds. And ni the first place, I remark, that that information which it calls upon the President to communicate to us, is presumed to be a.s fully in the possession of the members of this body, as it can be in that of the President himself. The resolution ask^ the President to com- municate inform;ition, relative to the fundamental law of a foreign government. WeW, sir, it is I believe to be presiimed, that we ought to know as much as the Executive, about the fundamental, law of a foreign government. The call is, therefore, altogether unnecessary. The question discussed at some length by the Senator from Con- nicticut is one, not for us, but for Mexico to determine. It is for iVIexico to say whether, under her fundamental law — if fiuuhimen- tal law she has — there is po.wcr to cede any or every foot of terri- tory which she possesses. That power Mexico herself has already recognised. She has already asserted that power. Pending the negotiations anterior to the annexation of Texas, Mexico, as every mcmbw of th s Senate well knows, made the oli'er to Texas of a recoifnitioa of her independence on condition, that she should refuse annexation to the United Slates; thereby adiuitiing that she had the power to dispose of any portion of her territory at her will. She always claimed Te.xas as hers till that jieriod. I did not ciitch distinctly the whole of the remarks made by the Senator from Connecticut, but if I understood the purport of his argument, he holds that the power of making a cession of territory may bc- lon'.r to a monarchy, but docs not exist in a republic. The Senator shakes his head. Docs he then deny the existence of that power in a monarchy ? If he does,, he denies a principle as old, I was about to say as time — certainly one coexistent with the monarehial form of government. Thet'C never was a monarchy upon the face of tbe earth where the question could be raised as to the right to dispose of her territory or dominions, or any part of them — never. It is quite enough to refer to the "treaties of peace, concluded at the termination of wars between great monarchies, in order to show that under that form of government the power of ceding tei- ritory was always exercised. That right has always been exer- cised in monarchical governments, and i will briefly show that the majority has asserted the same power in this countiy. But I con- tend here that Mexico, being neither a monarchy nor a republic, nor an aristocracy, but an anarchy, must have the right some- where. The Senator sjieaks of a fundamental law in Mexico, about which he would call u|ion the President to deliver a messase. What is that fundamental law? What has it been from l«32,"till the present hour ? Why, sir, it has been nothing but the arbitrary will of each successive military despot, who has raised himself to supreme jkiwcy by his sword. But with regard to the power of making a cession of territory in a republican government, we know that the majority have twice decided in this body that it existed here. First, u. the settlement of the rvorth-Eastern boundary, you find, by the unanimous vote of the Senate recorded upon your journals, that it w.is declared that the whole of that disputed territory was tlie property of the United States, and yet by the Ashburton treaty, a large portion of the territory th«s declared to be ours, was surrendered. I re- peat, by a unanimous vote of the Senate — (if I am in error I can lie corrected ; but I believe I am right) — the whole of that terri- tory was declared to be the property of the United States, and yet a treaty ratified by the Senate surrendered a large portion of that territory, and the most valuable in a military point of view. Then, again, the second instance is afi'orded in that blackest fea- ture in our history — the settlement of the Oregon question — in which, afier alniost every department of the government had de. cliired that our title to the whole of Oregon was unquestionable, we yielded up a large part to England. There exists, then, in this soy- ernmcnt, as in a monarchical government, the jiower of ceding terri- tory : and I cannot see why the exercise of lli;;t power can be de- nied iu an anarchical government, such as that of Mexico. At any rate, to what does tiie Senator's argument amount, when we eome to bring it directly home to the ea.se as it exists ? Mexico has for a series of years urged war upon us. She has urgetl a war upon us by every act which has ever been held a just canse of war ; nay, by a series of acts, running through a period of twelve fir thirteen years, from the hour in whi(.-!i Texas declared herself independent. From the battle of San J.ieinto down to the battle of Palo Alto, there has not been air hour iu which Mexico was not resolved to provoke a war with the United States. The whole history of the intercom-se between the two nations proves as clearly as the sunshine, that that was the studied and constant eflbrt of Mexico. On another occasion, however, I shall take an opportunity of entering at length upon that subject, and of demon- strating, I think irrefragably, the soundness of the position which I have thus assumed. Mexico, then, urges us into this war. She forces upon us a co.ifliot involving an immense sacrifice of life aud espeiiditure of treasure ; and at the close of this conflict, the 152 POWER OF MEXICO TO CEDE TERRITORY. [Monday, Senator from Connecticut, accordinc to the doctrine this day enun- ciated, would suffer Mexico to f;o "scot free,'' insisting only that she should say sh? was sorry for her conduct ! Sir, I do not approve of such a course of policy. I hold, that in common with all nations that have ever existed, we have aright to make this offender pay the penalty of her transgression .She has no gold wherewith to reimburse us, but she has land, and tliat land we want and I hope and trust we will get. 1 call, if it be in order, for a division of the question. Mr. BALDWIN.— The Senator from Indiana says, that the in- formation sought by the resolution, is presumed to be in the pos- session of every department of the government. Undoubtedly, it is always presumed that we arc acquainted with the srcneral histo- rical facts in regard to the- republic of McxicL But, when the President of the United States recommends to Congress aspeemc course— when he recommends to Congress the acquisition of do- minion by forced cession of that republic— and when a knowledge of the fuudamental institutions of that republic does not lead us to the conclusion that she has the power which the Pre.sident asks us to demand her to exercise, then it appears to me, that it is proper and respectful to the President himself, to ask that he shall com- municate to the Senate the iuformatr-m which be possesses, and which has led him to a difl'crent conclusion. I liave endeavored to show that upon our own knowledge of the fundamental principles upon which that irovcrnmeut is based, we could not, either upon any principle recognized bv ourselves, or upon any principle to' be found in the law of nations, infer that such an authority existed; and it is, because I have felt tliat we could not from our own knowledge, perceive that Mexico had the power, wliieh it is ne- cessary she should po.sscss, to enable her to make the cession we require, that I deemed it due to the Executive to call upon him for any'iuformation he may possess which has led him to arrive at a different conclusion. But, sir, the Senator from Indiana, says that this is not a question for us — it is for Mexico alone, to deeicio whether she has the power to cede or not. Is this so, sir ? Are we called upon to expend millions of the public money for the ac- quisition of territory without being permitted to inquire into the nature of the title wliich we may get ? Is it enough that the Mexican republic under the pressure of our arms will be willing to vacate her own jurisdiction ? Does that satisfy the United States that they thereby, will rightfully acquire .sovereignty over that people ? 1 desire that the President may inform us upon what principle recognized by ourselves — upon what principle reeoffnized by the republic of Mexico, the sovereignty of the people is transferrablo like property for the payment of claims against that government. Is that the doctrine of the Ameri- can people? Do they hold that sovereignty is no longer inali- eniiblc, as it was declared to be by our .fathers in the days of the Revolution ? Do they hold that it is a commodity to he transferred from one people to another in payment of demands against that confederated government, which it may not be conve-, nient for that government to discharge, except by ceding a portion of the confederacy, to another government? How would this doc- trine be regarded if its appheation were attempted by a foreign government either to the people of this country or to the people of Mexico ? My friend from Indiana has introduced a resolution af- firming that this government could not look with complacency up- on the establishment of monarchical government over any portion of this continent. But, sir, Mexico owes to subjects of monarchi- cal governments a debt immensely greater than the amount due by her to our citizens. Mexico owes, as we are informed — if I mistake not, by Mr. Slidell — a debt of one hundred and fifty mil. lions of dollars, of which by far the largest portion is due to the subjects of monarchical governments in Europe. If Mexico has a right to pay her debts by the cession of her territories, has not any other government, whose duty it is to protect its own citizens and _ obtain indemnity for their just claims, the same right that wc have ' to demand that the claimants shall be paid in territory ? And how- can we, a sister republic, justify ourselves before the world in ma- king a solemn declaration that we will not look with complacency upon the establishment of any monarchical government upon this continent — that we will resist the cession of any teiritory to any foreign government, when we arc ourselves asserting the right of Mexico to transfer dominion over the Slates of that eonl'ederacv in satisfaction for the claims of our own citizens ? I should like to be consistent before the world- I would make no avowal t)f right, claimed by us, which I would not equally concede to any other Go- vernment. But, sir, I deny entirely the power of Mexico to cede either to a monarchical government or to this republic, any jiortion of the sovereignty of the people of that confederacy, without their con- sent. I deny that the government of Mexico has a risht to cede to the government of the United States a jurisdiction o~vcr Tamau- lipns, for the purpose of satisfying the demands of our citizens against ihe I\Iexican government, which it is nut cinivenicnt lor her at this timer to diM-harirc. 1 deny that she- has any iniu-c power to do so than the United States would have to cede one of the States of this Union, for the purpose of dischargiinr anv claims which might exist against the government on the jiart"of the peo- ple of anv foreign government. I ask, Mr. Prcsiilcnt, is it in the power of any of the Stales of this Union — of Mississippi, for ex- ample, or of any other State, owing debts which, at this moment it may not feel itself able to discharge — to cede a pcirtinn of us sovereignty for the purpose of discharging tlie debt ? Has iliis Re. public that power J It uot, why I Because, like evcrv other frcu government, ours is based upon the great principle that sover- eignty vests in the people, and is ever inalienable withont the assent of the people. We are, I believe, about to enter on a ca- reer for the establishment of a new principle which calls for the avowal by tliis republic of the doctrine that we can deprive an- other people of tlieii- sovereignty, in order to obtain payment of the claims which we have against them. This, sir, is entirely in accordance with'lhat spirit of rapacity which in other countries has led to the conquests made by kings claiming to govern by di- vine right. We hold a different theory. We have promulgated a different doctrine heretofore. We claim that all men are to be regarded as capable of self government — that in regard lo their po- litical rights they stand on the broad platform of equality, liberty, and freedom. It is our boast, sir, to cherish these principles — lo manifest our sympathy wherever the spirit of republicanism e.^ts. Europe now Iccls the inlluence of our example, and the great principles of free government begin to be acknowledged. ■ Are we then now about to establish a different doctrine ? Are we about to rcjapse into despotism V Are we to o8<;r in our policy a justirication of the conduct of those who have claimed by the divine right of Kings to indulge in rapacity and conquest? I hope not. And if the President of the United States asks us to wage the war with Mexico for the purpose of forcing from her a cession of her territory, it is due to him — it is due to ourselves— that we shou'.d respectfully ask of bim to inform us upon what piinciple in the Government of that republic, we are authorized to demand that cession? I wish the President to inform us whether if Mexico should cede to us this territory which we are thus seek- ins to aeipiire, we should thereby acquire a right, independently of the will of those thus ceded to us, to exercise dominion over them; or whether we shall then be obliged to make a new treaty w-ith those who are thus attemjited to be transferred , before we shall acquire any right whatever over them. I do not deny — it is not necessary that I should deny — the power of one repubhe, feel- ing its inability to maintain its own sovereignty, to merge itself in that of another, as was done by the Government of Texas, though I do deny the jjower of this republic to acquire territory in the manner in which Texas was acquired without the consent of the people. But the Senator from Indiana s.iys Mexico is not a republic, and it has always been conceded that -a monarchy liad the power to cede territory. I have an extract from a well- known writer on inter-national law which applies to this subject. "A nation onpht to preserve itself: it ought to presen-e all its members: itcantiot aliamlon tliein, and it is nnrier an olpli^ation to them of maintaining them in the rank o\' iiinnbti:-< of the nation. It has not tJien, a right to traffic with their rank and liberty, on jicconnt of any aiivantai-es it may promise itself from such a negotiation. They are united to tlie society, to be its members: they acknowledge the authority ol the State to promote in concert their common welfare and safety, and not to be at its disposal like alaimoraherd of cattle." — yottd^Jl. fr/t. iii. This is the basis upon which that confederacy was formed. The States of which it was composed, united themselves with the con- federacy forming the republic of Mexico for the purpose of being protected and governed by it; not for the purpose ol being trans- lerred like cattle to another government, lor the discharge of the debls of the republic. The doctrine that these States supposed that they might be dismembered and ceded away by the federal government, is equally at war with the principle* of our own go- vernment and those of the government of Mexico. But, says the Senator from Indiana, Mexico is not a republic — she is an anarchy. If so, I ask, when did she cease to be a repub- lic ? When the United States declared war against her — when the act of Congress, May 13th, 1S46, was passed, it was declared that ■' by the act of the republic of Mexico a state of war existed be- tween that republic and the United States." We, therefore, re cognized Mexico as a republic at that period . When did she, then , cease to be a repi.blie ? If she has ceased to be a republic, it is owing to the conquests of our arms. But, I trust, that that con- clusion is not yet so complete that Mexico has ceased to be one of the nations of the Earth. I trust that the time never will arrive in which Mexico shall cease to be an independent republic, main- taining and cherishing the great principles upon which our own go- vernment is based, and under which wc have enjoyed for so many years such a remarkable degree of prosperity. Mr. HANNEGAN.— I shall detain the Senate but an instant, and beg- the indulgence of the Senator from Rhode Island, who has the floor on the special order. As to the position now a.ssunied by the Senator from Connecticut, th.it if Mexico has the right to cede her territory to us hn- any purpose, she has the right at the same- time to cede it to European monarchies, I have only to say that it involves a fiir hislier princi]ile, than has yet enlered into tins dis- cussion — a principle in wliic'h I iiresiimc never will he seltleil, tin- till the hour sh.-iU arrive, when the attempt shall be made by any European power, to establish a government upon this continent, out of any existing government. It involves a far liia'her principle tluin any involved even in this war. It w-illbc time enough to discuss it. when the ilay arrives, which brings it up bcfoie us. The Sena- tm- asks if Mexico lias ccascil to be a repulilie — by whose act 1ms she lost that chartictcr ? He asks, if w-e have not gone there with the sword, ami lirebrand, pulling down her altars, and in lieu of an established sovernment, giving the land to wilil anarchy. I refer the Senator to history," for a reply to these questions. I refer him to the history of Mexico, from the downfall of Iturbide to ihc present hour, for "the proof of her having been an anarchy. Her histoi-y is made up of a continued sen'es of bloody revolutions, ill which might and the sword have alone been regarded. She January 24.] THE TEN REGIMENT BILL. 153 lias no fundamental government or fundamental law that has ever been reco"nised. Santa Anna, and Bustamente, and Paredes, one military usurper after another, has by hisarbitrarywill constituted her fundamental law; and we, instead of bein^ her despoilers, have crone to her as it were to scatter the manna of Heaven. Texas wrested herself from the clutches of that anarchical gov- ernment, and see what she is to-day — a government of civilization, law and Christianity. Similar will be the result, I doubt not, with regard to all the territory that we may take from Mexico, if we take any. I do not know that we shall be able to take any, but so far as the subject matter of these resolutions is eoncerned, I must contend that they are improperly before the Senate at this liiue — that however germane they may become hereafter, (and certainly I think they^never can be,) tfiey are not now. When we have a treaty with Mexico which include within its terms the ces- sion of territory by Mexico to the United States — then will be the proper time if ever, for the Senator from Connecticut to present his resolutions. Entertaining these views, in which I have been strenirlhened by the reflection which I have given the subject dur- ing the delivery of the honorable Senator's remarks; and with the most profound respect to the Senator, I move to lay the resolution on the table. Mr. BALDWIN.— I ask for the yeas and nays. The yeas and nays were then ordered, and being taken, the re- sult was as follows ; YEAP —Allen, AsIiIpv, Atcliisoii. Allierton. Bagbv. Rr.iilbiiry, Hrwsi-, I!rij;lit, Cameron, Cass. Davis, (of Miss.) Dickinson, Di-\. Doujlas, Downs. Keli-li. Foolc, Haunngan, Houston. Hunter, Lewis, Mason, Moor, Savier, Slurgeoii. Turney, Westcott. anil Ynlee.— 38. , , NAYS.— Ba(l"er, lialilwin. Hell. lierricn. Bntfcr, Clarke, Clayton, ( orwin, f nt- tenden, Dayton, Greene, Jolinson, (of Mil.,) Jolinson, (ofl.a.) Manguni, Miller, Niles, Pe.arce, Phelps, Spruance, Uniierwootl, Upliain. antl Webster, — -"2. So the resolution was laid on the table. MESSAGE FROM THE HOUSE. The following message was received from the House of Repre- sentatives by Mr. Campbell, their clerk: Mr Bresiilent : TlieHonse of Representatives have p.TBseJ an act for the relief ol' Phineas Capc-n. lef.il administrator of John Co.t, deceaseii, of Boston; in which I am directed to ask the concurrence of tlriSenate. The Speaker of the House of Representatives lias signed an enrolled hill, which 1 am directed to deliver to the Senate for the signatnte of its Presiilent. SIGNING OF A BJLL. The Vice President signed the enrolled bill authorizing the issuing of a register to the barque Sarah and Eliza. BILLS FROM THE HOUSE. The following bills from tbc House of Representatives, .severally had a tirst reading : An ad to amend an act entitled " An act to reorganize the (jeueral I.aud Ollice," approved July 4, ld3ti. Au act forlhe relief of Phineas Capeu, legal adininistratoiof John Co.v, deceased, of Boston. MR. H.\NNEGAN'S RESOLUTIONS. On motion by Mr. Mangum, the Senate proceeded to the con- sideration of the special order of the day. The PRESIDING OFFICER.— The special order of the day is the resolutions submitted on the 10th instant by the Senator Irom Indiana. Mr. HANNEGAN. — When I introduced these re.solutions to the Senate, I named this day for their discussion, as a distant day, not anticipating that the debate on the military bill would be pro- tracted so long. It is now obvious, I think, that that debate will not be chiscd in two weeks, and I therefore propose, if the Senate will allow me, to postpone the consideration of my resolutions till the second Monday in February, and ask that they be made the special order for that day. The resolutions were accordingly postponed to, and made the special order for the second Monday in February, TEN regiment BILL. The Senate resumed the consideration of the bill to raise, for a limited time, an additional military force. Mr. BUTLER. — I ask the indulgence of the honorable Senator from Rhode Island whilst I make some explanation of a statement made in the course of my remarks the other day, relative to the march of General Taylor from Corpus Christi to the Rio Grande. On that occasion, my distinguished friend from Mississippi, (Mr. Davis,) from the kindest motives, diverted my attention in some measure by reference to facts upon which I intended to have founded a somewhat more elaborate argument than I presen- ted to the Senate. Since that time, 1 have found that it would be but just to myself that I should advert again to the subject, especially as 1 have reason to beLieve th^it both )ny 30th Cong,— IsT Session,— No, 30, ftiend and myself labored under some degree of misapprehension with regard to the real state of the facts. I have had an oppor- tunity of receiving from several officers of the army a verv minute detail of all the facts connected with the transaction to which I have referred. General Taylor received his orders to move from Corpus Christi in the month of January. These orders were pub- li.^hed to the army, they were known to the traders between Corpus Christi and the Rio Grande, and as my informants give me to un- derstand, it was notorious in Matamoras, before General Taylor moved at all, that he intended to take up a position npon the "Rio Grande. On the 11th of March the army was set in motion; on the 22d or 23d of that month, it reached the Little Colorado, 110 miles from Corpus Christi, and only forty miles from Point Isabel. At the Colorado, General Taylor heard the sound of a bu'jle be- yond the Western bank. There was some parley, and Major Mansfield was despatched to the other side of the river to learn the cause of the bugle being sounded. The Major was informed by a person at the head of a very small party, who represented himself to be the Adjutant General of the Mexican troops, but who was, as I understanti, an apothecary from Matamoras — C'ommand- ing eisht or ten men, and who had no doubt sounded the bugle very magnificently, and went home loudly proclaiming that he had driven back General Taylor — that his object was not at all to op- pose military resis'tance to the march of General Taylor, but only to warn him against crossing that river, as, if he did cross it, it would be deemed an open act of hostility. Well, General Taylor continued his march, and i s he approached Point Isabel, the Cus- tom House and other public buildings were consumed by fire and a settlement of about fifty inhabitants was broken up; from which time the American forces occupied the country from Point Isabel to Fort Brown opposite Matamoras. Well now, the inference which I in- tended to draw and which I shall not now take the liberty of draw- ins in anything like an argument — was simply this, that General Taylor had given notice of his march under orders of his govcrn- inent — that there was no declaration of hostilities on the ])art of Mexico at all until that march commenced — and that in my solemn conviction there never would have been any attack on the forces at Corpus Christi had not General Taylor, under the order of the President of the United States, gone on the disputed territory. Mr. DAVIS, of Mississippi. — I thank the honorable Senator for the very kind and complimentary language which he has employed in reference to myself. I cannot, however, agree with any one of the inferences wliieh he has drawn. I have nothing to say as to minute details which he has given with respect to distances and so on, the only vital question being who acted first — who gave the first order? That order came from Mexico — not to fight with General Taylor for the country between the Nueces and the Rio Grande, but to invade and reconquer the State of Texas. That order first emanated at the seat of government in Mexico before any order was issued from the seat of government in the United States. And now, sir, as to the time at which the Mexican forces moved to take possession of the Little Colorado. I believe they had been there for months. Their emmissaries had been in Gen. Taylor's camp in order to learn his position and movements. Gen. Taylor never gave notice of his march. He made his preparations for the march, and no doubt the spies and reconnoitering officers were cognizant of his intentions. But I believe the Mexicans had been at the Colorado for months; and when they gave notice that if he crossed, the Little Colorado it would be considered an act of war, the Mexicans but took the initiatory, as they have always taken it ; for Mexico has always struck the first . blow in every battle field on which wc have met her. On^ome other occasion, however, I may dwell more at length on this ))oint. I shall not now trespass longer on the time of the Senator from Rhode Island. Mr- BUTLER. — Though I may in some measure encroach upon the time of the honorable gentleman from Rhode Island, yet I can- not suflcr myself to be thus far misrepresented. The information which I acquired was obtained not from one officer merely, but from t hrce or four who hap])ened to be in the same room. They knew this much, that from January, when Gen. Taylor received his orders, un- til the 1 1th of March when he put his army in motion, there had elaps- ed a period of forty days, and that during that time not only the offi- cers in General Taylor's camp spoke of his projected movement upon the Rio Grande, but the traders who were there by implied license, attached lo the army, had an opportunity to learn the same infoi- raation, and it was notorious that he wotdd march. Not that he advertised the enemy, because the gentleman will understand thai at the time General Taylor marched o« the Rio Grande it was with no purpose of meeting an enemy. The administration had not assumed to go there for the purpose of making war. Gene- ral Taylor received no orders to disguise his movements; and the intelliffcnce was as well known in Matamoras four or five days after he received his orders, as it was in his own camp. I am very far from questioning the military sagacity of the honorable Sena- tor from Mississippi, and it may have been that orders had been issued by Paredes to cross the Rio Grande and attack General Taylor at Corpus Christi, but the act must rest on conjecture, ll can never be reduced to anything like historical certainty. Mr. CLAYTON. — I am reluctantly compelled also to solicit, for a moment the indulgence of the Senator from Rhode Island, in order to set mvself right with regard to some observations made by the-iionorabk Chairman of the Committee on Foreign Rela. 154' THE TEN REGIMENT BILL. [Monday , tions during this debate. I had taken occasion to remark that the resolutions as introduced by Mr. Ross in the Senate of the United States in 1803, were not supported Ijy tlic Jeffersonian democrats 111' that day by any act of Icijislation on their part, and that the whole course of tlic Administration of that period was adverse to or directly in conflict with tlie policy which now seems to liave hccn adopted by those who claim to be tlic followers of Mr. Jef- ferson. The honorable Chairman of the Committee undertook to show that I was in error, and sent to the Sccrotaiy's table the act of 3d March, 1803,. authorizinff (he President o"f the United States to call out 80,000 militia i'or certain purposes authorized by that act, and tlie honorable Chairman inferred from the act itself that I was in error when I said that the administration of that day had not sought conquest or seizure of any portion of the territory of Spain or"Fran(!e. Sir, I was entirely right in what 1 said in reference to this suliject, as I think the Senator will ad- mit, when ho looks at the 4th section of the act to which ho him- self referred. That section on its face explicitly declares, that the act was passed authorizing tbe President to call out militia "for the security of the territmy of the United States" — not for the puri)ose of seizing upon the island of New Orleans, where the right ol (leposite hail been denied us — not fur the pm-pose of con- ipicring or seizing any portion of the Spanish territory, but as the act expressly, and in so many words, declares — "for the security" of our own, possessions. It will be recollected by gentlemen conversant with the history of that period, that by the treaty with Spain of October, 1795, ratilied in '96, the right of deposite at New Orleans had been secured for persons trading on the Mississippi. The liitend- ant of New Orleans violated that treaty by a proclamation deny- ing the right of deposite to our western traders. Tt was after- wards, conceded by Spain, that this was a downright violation of a clear treaty right, as beyond all doubt it was. But what was the course of our government in relation to that case ? I have now before me the correspondence which took place on this suliject, and to it I beg to call the attention of the honorable chairman of the Committee on Foreign Relations. [The honorable Senator then gave in a condensed form the his- torical details, which are here given more at length, in order that the whole matter may be clearly understood. By the 4th article of the treaty with Spain of October 27, 1795. it is provided : .1'.^.''* .^'^^''9''? '^I^i'^sly Im.ii.jii, an eiiuivalcnt establishment." ^ So early as March 29, 1801, Mr. King, the Mini.stcr of the Uiiited States at London, informed his government of the prolia- bility of tlie cession of Louisiana by Spain to France; of the inju- rious ellect of this cession U[ion the union or welfare of the United -States, and of the importance of cojiimitting the interests of the United States to an able re[)resentativo at the court of France. Mr. IVIadLson, Set^rctary of State, in a despatch to Mr. Living, ston, tlie Minister of the United States in France, dated the 2Sth September, LSOI, informed liini of the rumored transfer of Louisi- ana by Spain, and instructed hiui, that the United States desired to obtain that country by purchase. Mr. King, the 2oili of November, 1801, communicated to his government a copy of the treaty between France and Spain, of March 21, 1801; by the fifth article of which Louisiana was con- lirraed to France. February 5, 1S02, Mr. King, at London, eommunic-atcd to his government intelligence, that it was deliiiitivcly sol tied by France to send a colony to Louisiana and Florida under General Berna- dotte; and Mr. Living.ston, at Paris, corroborated the information, the 26th ol February, 1802, with the addition that "ten thousand troops had been assigned to General Berntidotte." In -March, 1802, Mr. Livingston represented to Mr. King, in London, and to his. own government, the uneeHainty in whiiili he was kept by the French government, but exhibited the dan-rcr which would attend the occupation of Louisiana by France, that it was impossible to say what inllueitee it might e.xert over the west- ern country, with the key of its trade in their possession; and an iinilelined and illimitable territory around. On May 1, 1802, Mr. Madison, Secretary of State, instructed Mr. Livingston of the painful apprehension with which the ces- sion of Louisiana to France was viewed by the United States and to use proper means to divert Franco from her contemplated eolo- ny;" to ascertain whether the cession extends to the Floridas; and to learn the price at which New Orleans and the Floridas w'ould be yielded lo the United States : and Mr. King, in London was informed that the administration was aware of the troubles which might arise from the reported cession of Louisiana, and that it was their primary olijeet to obviate such an event. Mr. MudisoH, Siecrtitttry of Stale, instiucteil Mr. Pincknoyj Minister of the United States at Spain, under date of May 11 1802, that if the cession of Louisiana by Spain to France, have failed for any cause, and Spain still retain New Orleans and the Floridas, it is the wish of the President that every eirort and ad- dress be employed to obtain the arrangement by which the terri- tory on the cast side of the Mississippi, includuig New Orleans, may be ceiled to the United States; and that in ever}' view il would be a most precious acquisition. He also authorizes him to propose advantageous offers and guarantees to Spain. On May 28, 1802, Mr. Livingston communicated to his Go- vernment more positive intelligence respecting the cession, applied to the Spanish Minister, in France, to know the terms of cession; asserted the right of the United States to be made a jiarty to any convention affecting the free navigation of the Mississippi; but re- ceived only a general answer, admitting the fact of the cession having been made. On the 16th August, 1802, Mr. Livingston informed the Secre- tary of State, that General Victor was appointed to command the expedition to Louisiana instead of Bernadotte; that his force was limited to 3,000 men, and his supplies to tw-o millions of francs; that there are symptoms of ill humor between France and Great Britain; and that the claim of France under the cession, extends to the Floridas. And again on 1st September, of the same year, Mr. Livingston was informed by the French Government, that his propositions on the subject of Louisiana were premature, and that possession must be first taken by J'^ ranee. He informed his Government that he had reason to believe the Floridas were not included in the cession; and that the armament (for Louisiana) will be ready in about six weeks. Mr. Livingston, under date October 28, and November 2, 1802, communicated to the President the state of European affairs, and that he thought the conduct of France had excited the suppressed hostility of Europe. That in England especially events tended to a rupture; and lliat in this feeling the minority and majority coin- cidetl. That the military expedition to Louisiana had received a check; and, desiring to profit by events, Mr. Livingston asked from his Government more distinct authority, and more explicit instructions. And again on November 11, 1802, Mr. Livingston addressed a letter to the Secretary of State, stating that the difficulty which had temporarily arrested the expedition to Louisiana was removed. That, orders had been given for the immediate em- barkation of troops (two brigades) for Louisiana. That the Government of France would give no reply to his notes concerning their objects, the hiuits of Louisiana, or the rights of the United States under the treaty with Spain. And, judging from the tem- per of General Victor, attempts might be made upon Natchez as the rival of New Orleans; and that the territory of the United States inight not bo exempt from danger. On November 27, 1802, l\Ir. Livingston informed the American Minister in Spain, that the Spanish Intendant at New Orleans had jirohibited the deposit of American effects, as stipulated by the treaty of 170-5; and that, as the proclamation of the Intendant was interpreted, the war was spent against the external com- merce of the United States from that port. He dwelt on the im- portance of the right of the Department to the Western States the general irritation, and ditHculty to restrain it; and instructedj him, while presuming on a prompt disavowal by Spain, to urge measures to repair the past, and ensure for the futm'C, an ob- servance of the treaty. Dee. 12, 1802. The President of the United States intimated to Congress that the cession of Louisiana to France might render necessary a change in the Foreign relations of the United States. January 29, 1803. Mr. Madison informed Mr. King that a spe- cial mission to France had been resolved on; and that while the United States wished to preserve peace with all, they arc bent on the maintenance of their rights. 1S02, December 23, Mr. Madison, Secretary of State, in a let- ter to Mr. Livingston, says : In the latter end of the last month, we received information from New Orleans of the interdiction of the deposite there, for onr nierehaudize, stipulated by the treaty with Spain, without an ci|nivalent establishment beiu" :ussijrncd, A copy of the proc- lamation is enclosed. * * * Shoulif it not he revoked ttefore the time of Uie ile-cent of the boats, in the Sprin;;, both the injury and the irritation from it will be greatly increiLsed. The House of Uepresentatives passed a resolution, tlie lUth of this nimith, callin;,' for information on the subject. The resnlt of their, delib- erations cannot be anticipated; but I may hazard the remark that while we have no clear foundation on which to impute this infraction to orders of the Spanish govern iiient. it wditld he eimtriwti to lU'Tv, t*t l'ol.UY. ami the i-ii.\racti:k ttf our coutitry, to resort, 'for reitress, htt/tejirst instance, to the use of force.'' Jtuuiary 2-4, i\Ir. Livingston to Mr. Madison writes thus : '■I-'rom tjie infotmation I know to bo entertained by Victor. I have no doubt tht-y w ill provoke all Indian war, by jiayin^ tlieni rations; and that in their .soheitude to ac- ipiire wealth, tliev will act over !4i.ain the tyranny ot* .St- Domingo- // iri/t be neee,i- sarij therefore to take thcjtositioll tltut iciU bc^it liuARD you ai^ain^st the effect of thejft ceils." 1803, February 5. Mr. Livingston to Mr. Madison : '■The Louisiana Armament Is still on board- The Floridas not yet ceded." 1803, February IS. Mr. Livingston to Mr. Madison : "From the Iw.st necounu Iliavc fiom Uollaud, iho wnamcnt ivill be ilttiiiicd tliers lUIUwlatiui'Murd!." January 24.] THE TEN REGIMENT BILL, 155 These rcfei-cnces will all 1)0 found in tlic 2cl volume of American State Papers, under the head of "Foreisn Relations." I next quote from Marbois' Louisiana, p. 230. 1803, January. Mr. Jefferson to Mr. Monroe : " Washington-, January 10. lf^O:(. r,,,,, sj,_t have but a moment to infonn vou tliat llie fi-ver nilo wliitli the [luliUc mhi.l isthrownlntheatlairat New (Irleans, stimulaleil by the increaiitiie anil gen- rrallv the Ceileraf interest, threatens to ovKRBK.ii! ofR peaik. Iii tins sanation we are eoraiH-lled to eall on vou for a temporary saerifke of yourself, to PREVENT THIS oREvrESTOF EVILS to the present prosperous tkle of onr all.-urs. 1 shall, to-niorrott . nominate you to the Senate for an extraordinary mission to France, and Ilie eircum stances are such as to render it impossible to decline. Aece[)t afTecliouate salutations. Thomas jErrKRsoN.] March 3. 1803, the act referred to by the honerable Chairtnan of Foreign Relations (Mr. Sovier) was passed— "an act directing a detachment from the militia of tho United States, and for erect- inrr certain arsenals," by which the President was authorized to caU on the Executive of the States for 80,000 militia; and the ob- ject of the act distinctly avowed in tho 4t,h Section, to bo "FOR THE SECURITY OF THE TERRITORY OF THE UNITED STATES." This is the object and the only object avowed in the act It is thus clearly proved to have been an act passed not for conquest, but to meet tho threatened dan<,'er of a French ag- gression. „ . , ,. • r Not a man was ever called for. The idea ol seizure lor con- quest never was entertained for a moment, and the whole contro- versy was speedily settled by tho treaty of, 1803, which ceded Lomsiana to the United States. Such is tho history of this most interesting period in our national afl'airs. It wasdistinauisbed for the moderation, prudence and for- bearance of our rulers. Tlic resolutions of Mr. Ross, to which I referred on a former occasion, were first deprived of their hostile characteristic, "to authorise the President to take immediate pos- session of such place or places in the island of New Orleans or the adjacent territories, as ho may deem fit and convenient," every democrat voting to strike it out. S^e liles of National Intelli- gencer for February 2S, 1803. The bill reported in pursuance of the resolutions, as amended and adopted on the same day by the same party, avowed its object to be the same with these resolu- tions as thus amended — "the security of the territory of the United States," threatened, as we have seen, with invasion by the French armv under General Victor. Those who may desire to prosecute this mteresting enquiry fur- ther, will find tho wholepacificpolicy of the Republican jiarty fully explained in the then existing organ of that party, by recurring to the files of the National Intelligencer for 1803 ; February 23, 28 ; March 9, 14, 23, 30, and April 22d. The essay published in that paper under the last date, shows that the party at that day scouted the whole doctrine on which this Mexican war has been and is now supported. They demanded a disavowal by Spain of the act of the Intendant at New Orleans, which denied to us our treaty right of deposit, instead of declaring war on account of it; and they obtain- ed it without bloodshed. But in 1846, when the first aggression aaainst us was committed on the Rio Grande, our government treated the act of tho Mexican officer who took Thornton's dra- goons, as an act of war instead of demanding a disavowal of it as the republican party did in the case of Spanish aggression in 1803. — The opposition in 1803 clamored for war on account of the procla- mation of the Spanish Intendant at New Orleans denying our right of deposit. The answer given to this clamor by the democratic party is fully set forth in all their speeches and meetinffs at that day on the subject. Tho writer I have referred to in tho party organ on the 22d April, 1803, thus meets the clamor : -^ '•To involve the nation in all the horrors of war for the unlawful act ol' a subordi- nate oilicer, wonM be the hei;;ht of political depravity. It would iutroduco a rule of which we could not complain, and under which, this nation at any future time might he involve(i in war by the unlawful or wanton act of any of her officet^. It would be virtnallv. transferring the all ini|)ortant question of war and peace from the repre- sentatives of the iMKJple and tliegovernment of the country to the captain of a frigate. The act of an individual oilicer is not an act of the nation till sanctioned by the na- tion to which he belongs, as it is imjKJSsihle for the most vigUant ami best regolaled go- vcmments'to control the .actions ot its agents and subjects on all occasions. Hence it follows, that the government by declaring war would have committed an act^ injos- lice against Si>ain. c.s/(iA//.sA/Hg- a prci:cdnit which might prove fatal to the future peace of lliis nation, and justly merited tlu execration of Ike u^orld,'* Had these principles been applied in 1846 by our Executive, hail a demand been made (as was then urged by the opposition in this chamber,) on Mexico to avow or disavow the act by which it was alleged, that American blood had been shed on American soil, and repair any injustice, there would have been no war. Such a de- mand was made by tho government when the Leopard made the infamous attack on the Chesapeake, and the consequence was a disavowal which saved us the necessity of treating the attack as war. But i:i the case of Mexico, the principles which formerly governed ns were abandoned, and the act which was imiiatcral and not even avowed or justified by Mexico herself, was immedi- diately declared to be war by us' without allowing the Mexican ■ government any opportunity to disavow it. This was as hostile to the true principles of international law as it was in direct oppo- sition to the w-hole former course of this govermiient. Mr. HANNEGAN.— Really, sir. I think it hardly fair that the Senator from Rhode Island should bo called upon at this late hour of the day, to go on and address the Senate. Mr. CLARKE.— It was my expectation to have occupied tho floor at the appointed hour, but as so much time has been taken up in the discussion this morning, and so much more will probably be required to finish it — so far as regards myself. I w-ill readily give way if it be tho wish of the Senate that the present discussion should continue. Indeed. I should myself prefer that the special order should be postponed until to-raorrow, as it is now so late, ,jhat in all probability I should not be ablo to conclude my argu- ment to-day, even if I should commence it. I wait the pleasure of Senators in regard to it. Mr. SEVIER. — It is not my purpose to interfere with the time which belon"s to the gentleman if he desires to go on now, but I wish to make a brief explanation in regard to what has been stated by the honorable Senator from Delaware. It will be recollected that, when the Senator addressed the Senate upon the ten resi- ment bill, he referred to Mr. Ross's resolutions with a view of con- trasting the policy of Mr. Jeflerson with that of Mr. Polk in ref- erence to the disputed territory. licsolvetl. That the President of ihe United States he, anil he is hereby, authoiiz- cd, whenever he shall judge it e.viiedient, U> require of the cvecutivea ot the several filales to lakeefrcetnal measures to organize, arm, and equip, according to law. and hold in readiness to march, at a moment's warning, t^O.OOfl eflectivc militia, otlieers in eluded. - Rcgolred, Thai the President may, if he juilges it exjiedienl. authorize the execu lives of the several States to accept, as a part of the delnchment aforesaid, any corps of volnnleere, who shall continue in service for such time, not exceeiliiig montJis. and perform such services as shall be prescribed by law. Rcsoleed, That dollars be appropriated for paying and subsisting such part of the troops aforesaid, wliose actual service may be wanted, and for derra^ngsuch other expenses as, during the recess of t'ongress, the l*resident may deem necessary for the secnritv of the territorv of the United States. Hesolved, That — ^ dollars be appropriated for erecting', at such place or places on ttie western waters as the President may judge most proper, one or more atsenals. I supposed he had not traced these resolutions through to their ultimate disposition, and I, therefore, asked him to give mo the date of the resolutions, and he did so by sending the journal to my desk. I then traced the subject from the period to which the .Senator had alluded to the final disposition of the resolutions, and what was that ? I found they had been referred in secret session to a select committee, and in the formation of that committee, for reasons not apparent to me, the mover of the resolutions was not included. Mr. Breckintidge, of Kentucky, was chairman of the com- mittee. That committee to whom Ross's resolutions wore referred reported an act carrying out every substantial provision contained in them. And what were these provisions? Why, that in time of profound peace, the President was atithorized to raise an army of eighty thousand men, and was further authorized to establish on the western waters tw-o public armories, and finally the bill wound up with an appropriation of a million or so of money to carry these objects into effect. AVhen I perceived this, tho conviction on my mind was. that the honorable Senator in the hurry and heat of de- bate had not taken time to trace the thing to its final conclusion. My friend from Mississippi a day or two afterwards, incom- menting on this matter, referred to these resolutions, and in his haste f suppose that he had omitted to refer to what I certainly deemed important, which was the passage of the act to which I havo referred, as carrying out the objects of tho resolutions. I then put the matter right, as I understood it. Now, the Senator I'tom Delaware again says that here is a case in which the lather of democracy, to whose church we all profess to belong, at the instance of the Federal party of that day refused to do what '. why, in a time of peace, to seize the territory of an ailjoining pow- er. Now. there was in the treaty of 1796 with Spain, a. pro- vision by which the rights of the government was secured to a depot at New Orleans for the term of three years ; and there was a pro- vision also that if the Spanish government, for any reason of hers, should choose to deny the right of this government to thtit depot in New Orleans, then for the term of three years she was bound tn give ns another location for said depot. Tlijs was in 179Q. The time for the assignment of the depot to either jilaco had run out by the limitation of this treaty ; the people of this coimtry — the people of the Western States, thus deprived of an outlet for their produce had resolved to obtain it. A claim was set up by Mr. Jefferson that inasmuch as we owned the na\igable waters of the Mississippi, and owned the head of the navigable stream — we bad a right, under the law of nations, to follow the river into the ocean. That was the point of discussion, if my memory serves me right, by our minister at the French court, as well as by our statesmen at home. Well, sir, we could not get tliat, and then with closed doors we passed tho act of March, 1803, before referred to. of which Ross's resolutions were tho foundation. Now, no man here, or anywhere else, would ever have made out what the law really meant from its terms, unless he had taken ■ the precaution of connecting it with the resolutions up6n which it was founded. Upon this claim, therefore, the law -n-as pas- sed ; and upon no other, for there was no othei-. My friend refer- red to the act as an evidence that the party of which Mr. Jeflerson was the head, intended to iict thus in reference to the acquisition of Louisiana. Well, I say now — and I shall, if I have the op])or- lunity, at some future time — proceed to demonstrate that every opportunity to acquire territory, to wit : Louisiana, the Floridas, and Texas, has been obtauied by the democratic power of this country. But this is not all. I have said that this acfwas passed, if I recollect rightly, on the 3d of March, 1803 ; and at that very time our Ministers -were in Paris treating for this very country with Napoleon Bonaparte. They were treating for this very depot. He refused to sell us the depot, but proposed to sell the whole 156 THE TEN REGIMENT BILL. [Monday, ^ of Louisiana. ThaL Is the history of llio matter. We sent our Ministers there to purchase a depot. They refused to sell a ile- pot ; but beinr; about to 'jo to war with En<;land, and hcin;; likely to lose the territory of Louisiana by coni|iiest, France projiosed to sell it to a friendly power. Well, in the month of April, just one month after the passaao of the bill, wo succeeded in maldnn^a treaty, by which we acipiired the whole of Louisiana. Thus tlial matter was accomplished. A<.'ain, in 180G, still in the time of this cjreat patriot, Mr. Jell'erson, the .Senate siiil. wirli closed doors, conceived tJiat it was very desirable for this nrovernment to own the country lyins; on the Mississippi river and between thiil river oti one side, and the Perdido on the other. Thus the father of democracy submitted to the Senate with closed doors his pro|)o- sition to .seize this territory also ; and a la\%wiis passed for that purpose; and .under the act passed thus secretiy-^'overed up with diplomatic pinaseoloffv — it was |>roposed to obtain possession of this territory. This act passed in ISOU, and was carried into elleet in IHIOor'll, after we liad admitted Louisiana into the Union. A man by the name of Thomas took a limey to revolutionize that liorlioii oY the country. He expelled the .Spanish inhabitants from it and made it his own, ineludini; Balon Rouire, eallin;.' it Fredo- Ilia. Mr. Madison took jinssession without the authority of any aw and at the next session an act was passed raakinn; it a part of Louisiana. But this is not all ; we had afterwards a war with the Seminoles ; and in the time of peace with Spain we followed these Indians into St. Marks and Pensacola, expelling from those places Spanish authin-ity. All this was done without tlie authority of law, and one of the reasons assigned for such procedure on our part, was not that wc had any claim to Florida, but that the British had built, during- the revolutionary >var, a fort near ihe junction of liie Flint and Chatahoochee rivers, which fort was occupid by hos- tile .Si'iuinole Indians and Negroes. I can refer my friend to another case; I mean t'lie case in wliieh the country lyinn' upon the Aristook, was contended for be- tween us and Great Britain. This was a case happening in our own time, when Governor Fairtield, whose death wc have recent- ly been called to deplore, at the head of our own troops marched his forces into the disputed territory, and took possession of it without the sanction of Congress. There are numerous eases, all tending to the same point, that whenever it becomes impractica- ble to obtain territory by purchase, we take it by force. All that strip of country lying between Natchez, and Baton Rouge, was taken possession of in that way, and we have done so in all cases, when we could not obtain territory by negotiation, and this com-se has been pursued throughout the world in all times, by all powers. Territories to which wo have claim by negotiation, we take by force if we can, and think it expedient to do so. Mr. FOOTE. — I regret that it seems so dilfieult to settle completely, the point now under discussion. It would really appear that enough liad been said in the former debate on this subject, to convince even the Senator from Delaware, that he had committed a serious error in regard to the Ross resolutions, and the action of the Jefl'ersonian Democracy in 1803. The honorable Senator still insists, as he lias formerly done, that Mr. Jefl'erson and the democrats as.sociated with him, were so little inclined to efficient measures against Spain, that the proposition to seize upon territo- ry adjacent to New Orleans, which the Senator,, from Delaware still supposes to have been embodied in Mr. Ross's resolutions, was relinquished in eonsetinenoe of negotiation being preferred to measures of a warlike character and tendency. I read the other ilay, for tlio elucidation of this point, an extract Irom the annual message of Mr. JelTerson, issued in October, 1803, showing that previous to the introduction of the Ross resolutions, negotiations lor the acquisition of Louisiana had been in progress at Paris — and tljat the negotiation was not preferred simply as an alternative to ■vyar in the case mentioned, but negotiations for the purpose men- tioned having been, for sometime, already in progress it was sup- posed judicious not to interrupt them as would inevitably been the case by tlie adoption of measures of a decidcdlv hostile cha- riicter. The truth is, as has been repeatedly explained, that the Ross' resolutions ilid not contemplate the seizure of territory at all, but simply the restoration of the place of deposit in the island ot New Orleans which had been discontinued bv tlic action of the Spanish authorities. No one can examine the liistory of this case, as several times already exhibiied. without being convinced of the lota want ol analocy between it and the movements in the neio-hbor- hooil ol the Rio Grande. I will not elaborate this point more at present, but am satisticd again to refer lo the extract from Mr. Jcfrerson s annual message of October, IS03, explanatory of the actual laMs ol the ease, and shall submit the point in dispute with- out larthcr discussion. Mr. CX.VYTON.— If I un.lerstood the honorable Senators on the other side they mean to maintain this position, that Mr Jef- ferson and the democrntii! party ever since have pio.eedeil oli the printople that they will take what thev want and what they can pet trom other nations in any way in which they can "ct it if they cannot get what they want by negoeiation they wilf take' it by fori.e. The honorable Chairman of the Conmiiliee on Forei"n Kelations distineily avows now, that this has been ihe past policy of the democraticparty from llie lime of Mr. Jellerson down to this day; and therefore, he says, they are only acting in the same spirit: that of .letrersonian dcmocrnoy — when lliev'"propose tlnil what they cannot got by negoeiation they will proceed to tak(^ by force. Sir, this is exactly the issue between the honoruhle Senator and myself. I not only seek to vindicate the memory of the states- men of those times, but I seek also to show that I was previously right when, in the coarse of this debate, I pointed out the strong contrast between the eonihict of this ooyi-ijjment in reference to Mexico and the conduct of Mr. Jetlerson and the administration party of 1803 in reference to Spain and France Sir. I have nothng to do now with the question, nor do I intend to be drawn into the discussion of it by the remarks of the honorable Chairman on For- ei^'n Relations, as (o the conduct of The variou.s adminislrations in rcirard to this matter of the acquisition of territory, from the time ot Mr. Jefferson. I think that on a former occasion the course of the government in ISOf] was placed in a very satisfactory point of view before this Senate in the discussion which took place between the hoiior.ible Chairman of the Committee on Forciiin Relations and the honorable Senator from Maryland who sits'near me. I will not, therefore, trcspess upon ground which has been so well occupied before; all I wish is to bring the honorable Chairman back to the point from which he set out, and that he and the honorable Senator from Mississippi should acknowledge that they have mistaken the spirit of Jcllersonian democracy in 1803 in endeavoring to attribute to the administration of that time a disposition to take by force that which they could not obtain by negoci.atioii. Now, what application has the honorable Chairman given to the act of which he speaks? The fourth section of the act ol 1803 expressly declare ; the object for wliieh the .act was passedt to authorize the President of the United States to call out eighty thousand militia; ibr what ])urpose? In its own words, for the se- curity of the territory of the United States; not for the purpose of seizing upon the island of New Orleans or any portion ol the coun- try of the lower Mississijijji; not for the jiurpose of taking an acre , of ground any where by violence. I think this has already been clearly shown, and I do not intend to dwell upon it now. Mr. Liv- ingston, in 1802, wrote to the Secretary of War, informing him that the Emperor of France was about to send ten thousand men to take possession of the country lying at the mouth of Mississippi, and General Victor was ordered to march thither with his two bri- gades, and from the known temper and disposition of that general there was every reason to believe that he would march and seize upon the territory. The act ef 1803 proceeded from that cause, and the gentleman cannot make it appear that there was any other object than the security of our own territory contemplated. We know from the history of the times how that territory was situated. Sir. I know I have had my full share in the discussion of this subject, and that I cannot again trespass upon the time of the Senate; I will not read the letters of the Secretary of War; I will, however, take the liberty of handing them to the reporters that they may be published to the world, and it will be seen from them whether my attempt to vindicate the character of those who administered the government at that time has been successful or not. Mr. SEVIER.— Only one word, sir. The Senator from Dela- ware has referred to the fourth section of the act as being intended to protect the United States against invasion. Mr. CLAYTON.— I referred to the whole act. It avows throughout the purpose for which it was passed. Mr. SEVIER. — The Sen.ator says it avows its purpose. Well, I ask if any man, in either country, ever heard or ever dreamed of a time when France and England were both at peace, or France intending to invade the United States? Mr. CL.WTON. — Yes, sir. I refer the honorable Senator to the substance of these letters with which he seems not at all ac- (juainted. I refer him also to the American state papers which he has in his possession. Mr. SEVIER. — I have read those documents, but I have not drawn the same conclusion from them, which the honora- ble Senator from Delaware has drawn. No, sir. France, e-xpeeting a, rupture with England, was on the eve of sending a force to pro- tect her commerce. Not having a n.aval force suHicieiit lo cope with England, she was for sending men to her iiosscssions on this continent. The Scnatm' talks about the territory between Natchez and Baton Itouge; well, wc all know that was claimed by Spain as belonging to her. And it was with a view not only of protecting her own possessions but those of Spain also, that she took this ])rccaution. Well, this happened in 1802, and it is rcjrlly remarkable, if we liad expecletl an imasioii frortions of Louisiana, which she held in violation of the rights transferred to us by France — that his negotiations had . been utterly vain — that he could not venture to take possession of these portions of Louisiana in the possession of Spain, because such an act might transfer the relations of the country from a state of peace to a state of war, which was not within the constitutional competency of the Exedutive, and belonged solely to the legisla- tive power. To this the Senator from Ai-kansas replied, that the example of Mr. Madison was contrary to that of Mr. Jefferson ami that Mr. Ma- dison had of his own authority seized upon what were called the Florida Parishes. To this I replied that Mr. Madison did not as- sume to have any other authority than that to which Mr. Jetlerson limited himself. The situation of the Florida parishes was pecu- liar : a body of private indivuJuals in 1810, seven years after the acciuisition of Louisiana, had chivcn out the Spanish authorities in Baton Rouge, and had set up ;m independent government, though professing their willingness to come into the Union. In this con- dition of things Mr. Madison had issued his proclamation reciting these oceurrences — saying that the territory in question had always been claimed as being within the limits of Louisiana — that a crisis had at length arrived subversive of the Spanish authority and that under the peculiar circumstances of the case, forbearance on the part of the United States to occupy the territory in question might he construed into a dereliction of their title; to which he added that though the laws of tha United States had not yet been extended over this territory, yet they had been so frayied as to be adapted to them, and contemplated their application to this region at some future time. Congress was not then in session, but as soon as they met Mr. Madison laid before them an account of his proceed- ings, which, if not expressly, at all events impliedly recognized the paramount authority of the legislature over the subject. The dilferenec between this case and the march of the troops to the Rio Grande, is palpable. -Mr. Madison did not think himself authori- zad to seize u)ion sucTi parts of Louisiana as still remained in the occupancy of Spain, and consei'iuently the country east of ihc Per- dido and south of the State of Georgia and the Mississippi territo- rv. remained in possession of these authorities. In January, 1811, Congress passed a secret resolution declaring that a due regard to the safety of the United States rerpiired them lo provide for the temporal'}' occupation of these territories, and subject to negotiation. Mr. Madison would not act without the authority of Congress; he knew that he c^ould not rightfully do so; and therefore he asked to be. armed with that authority, which Congress only could confer. The bill which followed this resolu- tion conformed to it. Still Mr. Madison did not suppose tlie con- tingency had arrived until in 1813, when the secret act of July 12 was passed, which authorized the President to take possession of the Perdido country. Then, and then only, did Mr. Madis(fli employ the military force of the United States for this purjiosc. — Now, the difference is this — Mr. Polk, while Consress was in session, and without their authority, and without invokina' their constitutional power, by his own authority seized upon the valley of the Rio Grande, while Mr. XeQ'erson considered that .such an act on his part would exceed his power, because it might translcr the relations of the country from a state of peace to a state of war. • And Mr. Madison, in relation to the Pcrdido country, recogni- zed the same doctrine, and in regard to the Florida parishes, only occupied a territory of which the forci^'ii authorities were no long- er in possession, and which was likely to be considered derelict if, under the peculiar circumstances of the case, the United States should i|uictly permit it to remain in the possession of the private adventurers who held it. Mr. SEVIER. — The Senator and myself are still at variance in our opinions. My position was, that the southern boundary of Lou- isiana was fixed by this government, by an act of Congress on her admission into the Union. Well; after this act was accomplished, a man of the name of Thomas, at the head of some Tennessccans and Kcntuckians, expelled the Spanish authority east of a line formed by the river Iberville, Lake Maurapay, and Pontcliartrain, and thence to the Perdido, and svheii he had done so, he organized tik're a separate iroverninent, and called the county Kredonia; and after having established sudi government, Thomas applied to this government either to guarantee his republic, or to annex it to this Union. Well, what was done? Mr. Madison in a time of peace, sends bis forces and takes from these revolutionary patriots, the country aeipiired by their revolu- tion, without the athority of Congress. Well, the Senator goes back to *he act of ]806, for the authority for this aci. Why in 1806, the government ol Fredonia had no existence. After this had been dime, the President asks Congress to aid in this, what shall I cjill it ? robbery ? that is a harsh terra, yet it is pre- cisely similar to the terms employed in referrence to our proceed- ings now. — Mr. Madison apphes to Congress toftdd this country, thus seized in time of peace, without the warrant of law to the State of Louisiana ; and Congress does it accordingly, and the act is now on your Statute book. Mr. Madisan first seized the coun- try frora the language of the resolution, to bo equally free and open to the citizens of all the States of this Union, without any limitation or restriction ill regard to slaves or any other description of property whatsoever — I think I have a right to expect the unanimous vote of the Senate in favor of it. How far this (to my mind) reasonable expectation is to be realized be- longs to the future, and I shall not attempt to decide it in advance. I flatter myself, however, that I shall at the proper time be able to make this proposition so plain, that he who runs may read, and the wayfaring man, though a fool, cannot err in regarcl to it. At present, I respectfully ask, that the resolutions be printed. The resolutions were read, and ordered to be printed. M.1.IL ROUTE. Mr. BREESE submitted the following resolution, which was considered, by unanimous consent, and agreed to : ResolreJ, That the Committee on the Post Otfice and Post Roads be instructed to inquire into the exiiediencv of eslahlishiog a post route from Cairo city, by Thebes, in lUinois, to Cape Girardeau, Missouri. GRANT OF L,\ND TO LOUISIAN.I. Mr. JOHNSON, of Louisiana, submitted the following resolu- tion, which was considered, by tmanimous consent, and agreed to : Resolved, That the Committee on Public Lands be instructed to inquire into tiie et- pediency of granting to the State of Louisiana for purposes of internal improvemeut, II quantity of l»nd equal to that grunted to the Slate of Imliaua for the same purposes. 160 THE TEN REGIMENT EILL. [Tuesday. EXTENSION OF MARITIME JUBISDIcTlCN. Ajjrecably to notice, Mr. ASHLEY asked and obtained leave to brin^ in a bill to amend tlie act entitled "An act extemlinf; the jm'isdietion of District Courts to certain cases upon the Lakes and iiavisablc waters connecting the same," approved the 2l)th ol' Feb- riiary, 1845; ■nhieb was read the first and second times by iniani- moiis consent, and referred to the Committee on the Jiidicjiary. MILITARY HOSPITAL, ETC., NEAR NEW ORLEANS. Mr. DAVIS, (of Mississippi.)—! desire to state briefly ihe reasons which have <^overned the Committee in framing this bill, for .which it is proposed to ask the most speedy action of the Se- nate. The Committee found themselves by the resolution referred to them, and the terms of the law making appropriation for disa- bled and indigent soldiers, restricted in their considerations to New Orleans. A large part of the appropriation of last year remains unexpended, and it is proposed to give to the Secretary of War power to apply a part of the existing balance to objects which are considered within the original desi