The Congressional Globe, Volume 13, Part 1: Twenty-Eighth Congress, First Session Page: 300
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300
CONGRESSIONAL
GLOBE.
KAYS—Messrs. Archer, Bagbv, Barrow, Bates, Bayard,
Ohoate, Clayton, Dayton, Evana,-Foster, Francis, Hunting-
ton, Mangum, Miller, Simmons, and White—16.
The bill was then reported back to the Senate;
and the question was -put on ordering the bill to be
engrossed for a third reading.
On this question Mr. ALLEN demanded the yeas
and nays; which were ordered, and resulted in the
affirmative as follows: yeas 17, nays 12. So the bill
■was ordered to be engrossed for a third reading.
YE A 6—Messrs. Archer, Bagby,! Barrow ,*|Bates, Bayard,
Choate, Clayton, D&yton, Evans, Foster, Francis, Hender-
son, King, Mangum, Miller, Simmons, and White—17.
NAYS—Messrs. Allen, Atchison, Atherton,Benton, Breese,
Buchanan, Fairfield, Hannegan, Haywood, Sernpie, Tappan,
and Wright—12.
The CHAIR then read a communicationfrom the
President of the United States, enclosing a letter from
the Secretary of the Treasury, submitting a report
from the Commissioner of the Land Office, with ac-
companying papers, in compliance with the resolu-
tion of the Senate, showing the unauthorized fees
received by certain land officers.
On motion of Mr. ATCHISON, the report was
ordered to be printed.
On motion of Mr. MILLER,
The Senate adjourned.
IN SENATE. ,
Wednesday, February 21, 1844.
Mr. SEVIER presented a memorial from sundry
citizens of Arkansas, praying for the establishment
of Fort Wayne: referred to the Committee on Mili-
tant Affairs.
Mr. STURGEON presented a petition from citi-
zens of Crawford county, Pennsylvania, asking a
reduction of the rates of postage, and that newspa-
pers may be allowed to go free of postage to all
ports of the country: referred to the Committee on
the Past Office and Post Roads.
Mr. EVANS, from the Committee on Finance,
reported back, without amendment, the bill to
authorize the payment of equitable commissions 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 pow-
ers, which awards have been retained in the treasu-
ry in payment of debts due to the United States.
Also, from the same committee, to which had
been referred numerous memorials upon the subject,
reported a bill providing for the remission of duty on
lailroad iron; which was read, and ordered to a
second reading.
The following resolution, submitted by -Mr.
Archer on yesterday, was taken up, and agreed to:
Resolved, That the President be requested to com-
municate to Congress, as far as he considers consist-
ent with the public interest, any information which
may have reached the government, from its accred-
ited agents, tending to show any use of the flag of
the United States, in subservience to the African
slave trade, and in violation of the laws or policy of
the government. Also, any correspondence which
may have taken place between this government and
the minister of Portugal in relation to the taking
away of slaves, the property of Portuguese sub-
jects, from the territories of that power, in vessels
owned or employed by citizens of the United States.
The following resolution, submitted by Mr. Bag-
by oil yesterday, was taken up; and, after a few re-
marks enforcing the necessity of its passage, was
adopted:
Resolved, That the Secretary of War be instructed
to cause a survey and estimate to be made of the
practicability and expense of erecting a foriification
on the east side of Dauphin island, adequate to the
defence of the city and harbor of Mobile.
Mr. CRITTENDEN, from the Committee on
Military Affairs, to which had been recommitted the
bill for the relief of Mark Sympson, reported the
same back, without amendment, and with a recom-
mendation that it do not pass.
The joint resolution introduced by Mr. Tafpan
yesterday, proposing to amend the constitution of
the United States so as to limit the term of office of
the judges of the supreme and inferior courts of the
United States, so as to make them eligible for 7
years or during good behavior, was read the second
time; and,
On motion by Mr. TAPPAN, made the special
order of the day for the 2d day of March next.
The adverse report of the Committee on Revolu-
tionary Claims, in the case of the heirs of George
Gates, was taken up; and,
On motion of Mr, ARCHER, laid on the table.
CONSULAR SYSTEM.
Mr. SEMPLE, on leave, introduced a bill to re-
model the consular system of the United States.
Mr. S. remarked, on introducing the bill, that
he had delayed the introduction of it longer
than he had. intended at the time he gave no-
tice of his intention to submit such a bill. The
delay was owing, in some measure, to the want
of information as to the present actual situa-
tion of our consular establishment; information
which was called for by a resolution adopted by the
Senate at his instance some time ago. A response
had not yet. been made to that resolution. The con-
sequence was, that he was compelled to leave two
important omissions or blanks in the first section of
the bill—that was, the number of consuls to be sup-
ported, and the compensation they were to receive.
The information desired would, in all probability, be
furnished in a week or ten days, when the blanks
could be filled. He thought it most advisable, in the
mean time, to introduce the bill, to have it printed
and published to the country, and to delay action
upon it until senators had had sufficient time to ex-
amine the subject thoroughly, that they might sug-
gest such alterations and amendments as would
tend to make the bill more perfect. As the ship-
ping merchants are more interested in a reform of
the consular system than any other portion of the
community, Mr. S. suggested the propriety of print-
ing an extra number of the bill for distribution to
those more immediately interested in the subject—
the merchants. There might be some among them
who would feel sufficient interest in the subject to sug-
gest alterations in the present system. They (the Sen-
ate) had recently received a memorial from the Board
ofCommerce of N.York, praying for the appointment
of consuls in China, to be paid by regular salaries
instead of fees, and prohibited from" engaging in
commerce. He agreed in opinion with that board;
and it would be seen that the bill provided for the
very thing asked for. He said, in making laws for
the regulation of our foreign commerce, he was de-
cidedly of opinion that the suggestions of the mer-
chants engaged in such commerce should have great
weight with Congress. The greater part of the bill,
he said, was nothing more than a collection of the
existing laws forming and regulating the consular
establishment, combined with the instructions giv-
en to the consuls by the Secretary of State, with
some trifling alterations, which he would take occa-
sion to explain when the bill came up for consider-
ation. He would also take occasion, at the proper
time, to urge upon the consideration of the Senate
the reasons which induced him to wish the adop-
tion of the important changes proposed by the bill—
changes which he thought susceptible of demonstra-
tion; that, while they would add little or nothing to
the net expenses of the system, would be well cal-
culated to increase the commerce and wealth of the
country—by affording more ample protection to our
enterprising merchants. It would add to the honor and
credit of the country, by giving, as consuls, men well
qualified and well disposed to represent the govern-
ment, and to make the consular agents what they
should be—agents of the government to administer
impartial protection to all; instead of being rivals in
trade—rivals who often undermine find destroy the
interests of the American merchant, instead of pro-
tecting and fostering them.
The bill was then read, and ordered to be printed;
and, on the motion of Mr. SEMPLE, 500 copies
extra were ordered to be printed for distribution.
On motion by Mr. TAPPAN, it was
Resolved, That the Secretary of the Navy be di-
rected to report to the Senate a copy of the pro-
ceedings of the court of inquiry in the case of Alex-
ander Slidell Mackenzie.
The adverse report of the Committee on Pensions,
in the case of B. P. Smith, was concurred in by the
Senate.
Engrossed bill for the relief of George Davenport,
of Rock Island, in the State of Illinois, was read the
third time, and passed.
Engrossed bill entitled "An act to confirm and
survey the location of claims to land in the State of
Mississippi, east of Pearl river and south of 31°
of north latitude," was taken up, read the third
time, and passed; but,
On motion of Mr. WOODBURY, at the solicita-
tion of Mr. HAYWOOD, the vote on its passage
was reconsidered, to enable that senator to point out
some objections to the bill,
Mr. HAYWOOD said these bounty bills were
not readily understood; and to judge by the facility
-with which they passed, he feared they were not
enough cared for. Without professing an intimate
acquaintance with the subject of our land' laws, he
had yet felt it a duty to look into it whenever such
bills were proposed. He,had no particular preju-
dices nor'partialities about this one, but he had learned
enough about it to be satisfied that it ought not to
pass; and his duty to make that known to the Sen-
ate could not be compromised. ■
Mr. H. said that all the "claims" referred to in
this bill were gifts, donations, gratuities from the
United States to settlers, who were in possession on
that part of Mississippi south of 31 degrees north
latitude, when Spain ceded to the United States.
That if this were not the case with all, as he be-
lieved,; the fact to be, it was certainly true as to a
larger part of them. ■ >
These settlers (Mr. H. said) were introduced into
our family along with the territory; and they be-
sought the government to allow them their posses-
sions; to let them keep their homes; alleging that
the government from which the United States had
derived title would have done so. Upon these ap-
peals being made to the humanity of the United
States, Congress did give to the settlers their homes,
by passing laws declaring that the United States re-
linquished to them the places or settlements they
occupied, and appointed commissioners to adjudicate
their claims.
Congress did not give to each claimant 640
acres. They gave to each settler his possession,
his improvements, &c., not to exceed G40 acres.
To escape all appearance of future liability, they
only relinquished.
These settlers were all south of 31 degrees of
latitude. The Indians then had title and posses-
sion north of that latitude.
What next? Mr. H. said. Congress had pass-
ed laws appointing commissioners to adjudicate
those claims to settlements "south of 31 degrees of
north latitude."
Those commissioners sat at the expense of the
nation, and reported the identical claims referred
to in the bill then before the Senate. Congress
confirmed these repoits, and ordered surveys
to be made, and the donations to be laid off accord-
ing to law and the established rules of the land
office.
The surveyor had, it seemed, proceeded to make
the survey; and the claimants were in possession,
as they have been ever since, viz: for some ten or
fifteen years or more.
But these surveys were not made in proper form.
Some inconsistency in the law and the rules of
the land office had interposed obstacles to the issuing
of grants.
Mr. H. proceeded to explain these defects at
at some length, but said that it did not matter what
the formal defect was, the claimants were welcome
to have them confirmed. He did not object; no-
body objected to that; that if they were satisfied to
have the surveys stand as they were, the Senator
from Mississippi [Mr. Henderson] had assigned
a good reason why the Senate should not object to
that, which was, that the lands south of 31° of lati-
tude were so sandy and sterile that they were not
worth the cost of a re-survey.
But Mr. H. said that this object was fully an-
swered by the first and second sections of the bill.
Why had the third and fourth sections, particularly
the proviso to the latter, been inserted? It it was
a mistake, it should be corrected. If done on
purpose, that purpose should be explained, and the
Senate could act with open eyes. The third sec-
tion of the bill provided that where the survey
does not contain 640 acres net, for the deficiency a
new warrant should issue. Now that was a new
gift, for which there was neither justice nor equity.
It could not be pretended that because the United
States "donated" to setlers their homes, not ex-
ceeding 040 acres, that where it turned out the set-
tlers were too thick to get the full complement of
640 acres, that therefore tliey had a claim upon this
government for the deficiency—that 3uch a propo-
sition was absurd. He believed the Senate did not
see this purpose when they ordered the bill to a third
reading.
Mr. H. said that, however bad it was, that was
not the worst part of this bill. The new gift for.
the deficiency was to become a float-warrant to be
located anywhere in the land district—not below the
31st degree of latitude, where the lands were "so
sterile and sandy as not to be worth surveying—but
anywhere in the Augusta land district; and that in
that district there were, and would soon be, the
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United States. Congress. The Congressional Globe, Volume 13, Part 1: Twenty-Eighth Congress, First Session, book, 1844; Washington D.C.. (https://texashistory.unt.edu/ark:/67531/metapth2367/m1/324/: accessed April 28, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.