Cameron, Davis of Mississippi, Dickinson, Downs, Fitzpatrick, Foote, Houston, Hunter, Johnson of Georgia, King, Mangum, Mason, Rusk, Sebastian, Turney, Westcott, and Yulee-21. NAYS.-Messrs. Atherton, Baldwin, Bradbury, Bright, Clarke, Corwin, Davis of Massachusetts, Dayton, Dix, Dodge of Iowa, Douglas, Felch, Greene, Hale, Hamlin, Johnson of Maryland, Jones, Metcalfe, Miller, Niles, Pearce, Spruance, Underwood, Upham, Wales, Walker, and Webster-27. So the amendment was rejected. Mr. FOOTE. I move that the Senate of the United States do now adjourn. It is nearly four o'clock. The yeas and nays were then taken, and resulted as follows: YEAS.-Messrs. Fitzpatrick, Hale, Hunter, Johnson of Georgia, Mason, Niles, and Yulee-7. NAYS.-Messrs. Atchison, Atherton, Baldwin, Bell, Berrien, Bradbury, Bright, Butler, Cameron, Clarke, Corwin, Davis of Massachusetts, Davis of Mississippi, Dayton, Dodge of Iowa, Douglas, Downs, Greene, Houston, Johnson of Maryland, Jones, Mangum, Metcalfe, Miller, Pearce, Rusk, Spruance, Sturgeon, Underwood, Upham, Wales, Walker, and Webster -33. So the Senate refused to adjourn. Mr. WEBSTER. The motion first in order is to concur in the amendment of the House; and I ask whether, if this motion be rejected, we cannot then vote to recede from our own amendment? Mr. KING. There can be no question but that the Senate has power, at this time, to recede from their amendment to the bill; and, if they do so recede, the amendment of the House falls as a matter of course, and it strips the bill of the whole matter relating to California. We have done that very thing this night, on the motion of the Senator from New Hampshire, in relation to treasury notes. There can be no doubt about it. The practice has been uniform. In order that bills may not be defeated, one or the other House recedes. Mr. BRIGHT. The Senator from Alabama is perfectly correct in regard to the parliamentary law. What is the effect of our receding from the amendment? It will be that the bill, when stripped of the proposition relating to California, will become a law without being sent back to the other House. Mr. WEBSTER. Allow me to say to the Senator from Indiana that that is not the question, and cannot be. Two or three hours ago, on the coming in of this question, I moved that the Senate agree to the amendment of the House. The Vice President decided that that proposition might be superseded by a motion to amend. But no proposition can now be in order to recede. We have got to dispose of the amendment of the House, and, therefore, I insist, with as much confidence as becomes me, that you now put the question, Does the Senate agree to the amendment of the House? The debate was continued by Messrs. FOOTE, TURNEY, UNDERWOOD, and others. [MARCH, 1849. Mr. WEBSTER. I am disposed to make one more effort to dispose of this subject; that is, some time between this and twelve o'clock tomorrow. I have been of opinion that all this matter about California was wrong. I will not pursue it. But I am willing to take this course: I am willing now to withdraw my motion to concur, though I do not do it at this moment until I state what my view is. I am willing to withdraw my motion to agree to the amendment of the House, if gentlemen will then move to recede from the Senate's amendment, and let the bill pass as a mere appropria tion bill. Mr. ATHERTON. Mr. President Mr. BERRIEN. Will the Senator permit meMr. ATHERTON. I wish to say one word. I was about to endeavor to get the floor to make the same suggestion which has been made by the Senator from Massachusetts. I have had on myself some responsibility as it regards this bill. I feared at the time of the introduction of the amendment, and so stated, that it would endanger the passage of the bill. I objected to the amendment, and resisted it on that ground. I feel that, so far as my own action is concerned, I am clear of responsibility in this respect, and I find no fault with gentlemen who thought otherwise. With regard to the Indian appropriation bill, the House offered an amendment to the amendment of the Senate. The Committee of Conference were unable to agree. I made a motion that the Senate disagree to the amendment of the House to the amendment of the Senate. I made it in that form. The question was put and carried, and the bill was passed. The amendment of the Senate and the amendment of the House to that amendment being thus disposed of, the bill was passed. Now, I hope the Senator from Massachusetts, if he varies his motion, will put it in this form: that the Senate disagree to the amendment of the House and recede from their own amendment. The VICE PRESIDENT. Do I understand the Senator from New Hampshire as making that motion? Mr. ATHERTON. I will make the motion. Mr. WEBSTER. If the Chair says that the question can be entertained, I will yield the floor. The VICE PRESIDENT. It can be entertained. Mr. DOUGLAS. In the first place, Mr. President, the two motions cannot be put together; I object to their being so put; and I renew the motion to concur; which, I apprehend, has precedence, whether proposed first or last. Mr. BRIGHT. I wish to make one remark. The Senator from Massachusetts moved that the Senate concur in the amendment of the House, and I followed that motion by another, that the Senate recede from its amendment. The Chair decided that the motion to concur must be put first. And if the Senator from Massachusetts withdraw his motion, then, as a matter of course, my motion follows. Mr. DOUGLAS. I wish now to understand MARCH, 1849.] Civil and Diplomatic Appropriations. [30TH CONG. whether a motion to recede takes precedence | Representatives to inform the House that the Senof a motion to concur. ate, having finished the business before them, are about to adjourn. The VICE PRESIDENT. The motion to recede being first made takes precedence. Mr. DOUGLAS. Well, I hope the Senate will not recede. I hope we shall proceed, and give some sort of government to California. We can do that if we adhere, or if we concur. I am willing to do either. And in either way we get a government for California. But I can never vote to recede, and thereby abandon the country. Mr. BUTLER. What is California in comparison with thirty States? The question being taken on the motion to recede, it was decided in the affirmative, by yeas and nays, as follows: YEAS.-Messrs. Atchison, Atherton, Baldwin, Bell, Berrien, Bradbury, Bright, Butler, Cameron, Clarke, Corwin, Davis of Massachusetts, Davis of Mississippi, Dayton, Dickinson, Dix, Downs, Felch, Fitzpatrick, Greene, Hale, Hannegan, Houston, Hunter, Johnson of Maryland, Johnson of Georgia, Jones, Mangum, Mason, Miller, Niles, Pearce, Rusk, Spruance, Turney, Upham, Wales, and Webster-38. NAYS.-Messrs. Dodge of Iowa, Douglas, Metcalfe, Sturgeon, Underwood, Walker, and Westcott -7. Whereupon, at seven o'clock A. M. of Sunday, March 4, the Senate adjourned sine die. HOUSE OF REPRESENTATIVES. SATURDAY, March 3. Mr. GREELEY offered the following resolution, which was read twice: JOINT RESOLUTION concerning the future appellation or name of our Federal Union. Whereas our common country is known among the nations of the earth only as "the United States of America," a designation at once inconveniently cumbrous and palpably indefinite, since the term "United States" is common to other political Confederations, even on this continent, and is very likely to be adopted by or applied to others in the course of not many years: And whereas that transcendent genius and true hero, by whose life-long devotion and daring this continent was added to the domain of civilization and Christianity, was treated in his earlier life with neglect and contumely as a visionary and a char latan, in his latter years with monstrous ingratitude and wrong as a usurper and tyrant, while, by an So the Senate having receded from their amazing fatality, mankind have since conspired to amendment, the bill was passed. Message from the House of Representatives. The following message was received from the House of Representatives, by Mr. CAMPBELL, their Clerk: "Mr. President: I am directed to inform the Senate that the House of Representatives, having no business before it, is, if the Senate have no communication to make to it, now ready to adjourn." Thanks to the President pro tem. Mr. MANGUM Submitted the following resolution, which was considered by unanimous consent, and agreed to: Resolved unanimously, That the thanks of the Senate are due, and are hereby tendered, to the Hon. Mr. ATCHISON, for the ability, dignity, and impartiality with which he has performed the duties of President of the Senate pro tempore. Adjournment sine die. Mr. DODGE, from the committee appointed 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, and notify him that the two Houses, having finished the legislation before them, are ready, if he has no further communication to make, to adjourn, reported that they had performed the duty assigned them, and that the President replied that he had no fur ther communication to make. On motion, it was Ordered, That a message be sent to the House of perpetuate the injustice of his age by bestowing on the continent so discovered by Columbus the name of a mere follower in his footsteps, without a shadow of just pretence to the discovery of the New World: Therefore, Resolved, That this Union of States will hereafter be known and officially designated by the name or appellation COLUMBIA, in grateful acknowledg ment of our obligations to, and in tardy atonement for the injustice hitherto suffered by, the great dis coverer of this continent. Thanks to the Speaker. The Chair being now occupied by Mr. COBB, of Georgia Mr. MCDOWELL submitted the following res olution : Resolved, That the thanks of this House are due and are hereby presented to the Hon. ROBERT C. WINTHROP, for the able, impartial, and dignified manner in which he has discharged the duties of Speaker during the present Congress. So the resolution was adopted. Civil and Diplomatic Appropriations. Mr. VINTON, from the Committee of Conference appointed on the part of the House to meet a similar committee on the part of the Senate on the subject of the disagreeing votes of the two Houses on the bill making appro priations for the civil and diplomatic expenses of the Government, said, that the committee had had the same under consideration, and had been unable to come to any agreement. He asked, therefore, that the committee on the part of the House might be discharged. The SPEAKER said that if the House refused to insist on its disagreement, they might recede. If they receded, the amendment would then be open to amendment, precisely as it was before the original disagreement. The question would then be restored to the precise condition in which it was before the House disagreed to the Senate's amendments. Mr. McCLERNAND moved that the House recede from its disagreement to the amendment of the Senate; and he demanded the previous question, and the yeas and nays on his motion. The previous question was seconded, and the main question was ordered, (being upon the motion to recede.) Mr. PETTIT asked the yeas and nays; which were ordered, and being taken, were: yeas 110, nays 107. So the House voted to recede. [MARCH, 1849. Mr. WENTWORTH asked the yeas and nays, which were ordered. The question was taken and decided in the affirmative-yeas 187, nays 19. So the amendment of Mr. MOREHEAD to the Senate's amendment was agreed to. Mr. THOMPSON, (his right to the floor having been sustained by the Speaker,) remarking that he intended to detain the House but a very few moments, proceeded to say, that he had labored with great assiduity to effect a settlement, by compromise, of this difficult question, that had been exciting so much, and which was, perhaps, now threatening, the integrity and safety of the union of these States. He now addressed himself to northern men and to southern men; and if he knew himself, he had no sectional feelings in what he had to say. The true substantial question now presented to the Mr. MOREHEAD, who said that it was ap- consideration of the House was this: to the parent to the House that it was indispensably civil and diplomatic appropriation bill the necessary that they should do something in Senate had made an amendment providing relation to this particular subject, that was for the establishment of a government in Calicontested by the different sections of the coun-fornia, in which there were certain provisions, try. He had been the most of this day engaged upon the Committee of Conference between the two Houses, and he had endeavored faithfully and honestly to hit upon some common ground on which they could adjust this question. He thought he had attained that object. He desired to offer an amendment striking out that part of the Senate's amendment in relation to "west of the Rio Grande," and to insert a proviso, which he understood would be satisfactory to those most deeply and vitally interested-at least a portion of themto the effect that nothing in this act should affect in any way the question of the boundary of the State of Texas. He moved this amendment, and asked the previous question. The amendment was sent up to the Chair, and read as follows: Strike out 66 west of the Rio Grande," and add: Provided, That nothing in this act shall affect in any way the question of the boundary of the State of Texas. The question was taken by tellers, (Messrs. WENTWORTH and MOREHEAD,) and decided in the affirmative-ayes 106, noes 101. So there was a second to the previous question. And the question "Shall the main question be now taken?" was put and decided in the affirmative-yeas 110, nays 101. So the main question was ordered. The SPEAKER stated that the question was on agreeing to the Senate's amendment, proposed by the gentleman from Kentucky. A conversation arose, participated in by several gentlemen, upon points of order. An appeal was taken by Mr. COBB, of Georgia, from the Speaker's decision as to the pending question, but was subsequently withdrawn. which provisions were found embraced in several statutory laws of the United States. Two amendments had been ordered in the Senate, and the third had been reported by the Committee of Ways and Means of the House of Representatives. Neither of these amendments had been adopted; and it was perfectly manifest, that unless something was done by way of compromise, they would leave this Hall at twelve o'clock to-night under a state of excitement that would pervade all parts of the Union. He proposed a substitute for the amendment of the Senate, which (after a statement of its provisions) he sent up to the Clerk's table, where it was read, as follows: he hereby is authorized to hold possession of and occupy the territories ceded by Mexico to the United States by the treaty of the 2d of February, eighteen hundred and forty-eight; and that he be, and hereby is, authorized for that purpose, and in order to maintain the authority of the United States, and preserve peace and order, in said territories, to employ such parts of the army and navy of the United States as he may deem necessary, and that the Constitution of the United States, so far as the same is applicable, be extended over said territo That the President of the United States be, and ries. SEC. 2. And be it further enacted, &c., That until the fourth day of July, eighteen hundred and fifty, unless Congress shall sooner provide for the Government of said territories, the existing laws thereof shall be retained and observed, and that the said territories shall be vested in, and exercised by, civil and judicial authority heretofore exercised in United States shall appoint and direct, to the end such person or persons as the President of the that the inhabitants of said territories may be protected in the full and free enjoyment of their liberty, property, and religion: Provided nevertheless, That martial law shall not be proclaimed or declared in MARCH, 1849.] Adjournment. said territories, or either of them, nor any military court established or instituted, except ordinary courts-martial for the trial of persons belonging to the army and navy of the United States; and the imprisonment of any citizen of said territories for debt is hereby forbidden. SEO. 3. And be it further enacted, &c., That to enable the President to carry into execution the provisions of this act, the sum of two hundred thousand dollars is hereby appropriated, out of any money in the treasury not otherwise appropriated. The yeas and nays were asked and ordered, and being taken, were-yeas 111, nays 105. So the amendment was agreed to. The question then recurred on agreeing to the amendment of the Senate as amended. The yeas and nays were asked and ordered; and being taken, were yeas 110, nays 104. So the House agreed to the amendment of the Senate as amended. On motion of Mr. VINTON, the House receded from all its disagreements to the other amend ments of the Senate to the said bill. Mr. COCKE moved a reconsideration of the motion, and that that motion be laid on the table. Ordered accordingly. A message was received from the President, by J. KNOX WALKER, Esq., his Private Secretary, notifying the House that he had approved and signed the civil and diplomatic appropriation bill, and the bill extending the revenue laws of the United States over Upper California. Adjournment. [30TH CONG. services, which you have placed upon the records within a few hours past. Such a resolution, I need not say, is the most precious testimonial which any presiding officer can receive, and affords the richest remuneration for any labor which it may have cost. It did not require, however, this formal tribute at your hands, to furnish me with an occasion of grateful acknowledgment to you all. I am deeply sensible, that no intentions however honest, and no efforts however earnest, could have carried me safely and successfully through with the duties which have been imposed upon me, had I not been seconded and sustained, from first to last, by your kind co-operation and friendly forbearance. I beg you, then, to receive my most hearty thanks, not merely for so generous an appreciation of my services, but for the uniform courtesy and confidence which you have manifested towards me during my whole official term, and by which you have done so much to lighten the labors and relieve the responsibilities which are inseparable from the Chair of this House. deavored, to the best of my ability, to fulfil the I can honestly say, gentlemen, that I have enpledges with which I entered upon this arduous cult duties without partiality and without prejudice. station, and to discharge its complicated and diffi Nor am I conscious of having given just cause of imputation or offence to any member of the House. If there be one, however, towards whom I have seemed, at any moment, to exhibit any thing of in justice or any thing of impatience, I freely offer him the only reparation in my power, in this public expression of my sincere regret. We have been associated, gentlemen, during a most eventful period in the history of our country and of the world. It would be difficult to desig nate another era in the modern annals of mankind, which has been signalized by so rapid a succession of startling political changes. Mr. ROCKWELL, of Connecticut, from the Joint Committee appointed to wait upon the President, reported that the committee had have almost every where else been shaken, that while Let us rejoice that while the powers of the earth performed that duty, and that the President more than one of the mightiest monarchies and had stated that he had no further communica-stateliest empires of Europe have tottered or have tion to make to Congress. Mr. KAUFMAN (at seven o'clock on Sunday morning) moved that the House adjourn sine die; which motion was agreed to. The SPEAKER then rose, and addressed the House as follows: Gentlemen of the House of Representatives: The hour has arrived which terminates our relations to the country, and our relations to each other, as members of the Thirtieth Congress; and you have already pronounced the word which puts an end at once to my vocation and to your own. But neither the usage of the occasion, nor my own feelings, will allow me to leave the Chair, without a word of acknowledgment, and a word of farewell to those with whom I have been so long associated, and by whom I have been so highly honored. Certainly, gentlemen, I should subject myself to a charge of great ingratitude, were I not to thank you for the resolution in reference to my official fallen, our own American Republic has stood firm. Let us rejoice at the evidence which has thus been furnished to the friends of liberty throughout the world, of the inherent stability of institutions which are founded on the rock of a written constitution, and which are sustained by the will of a free and intelligent people. And let us hope and trust-as I, for one, most fervently and confidently do that, by the blessing of God upon prudent, conciliatory, and patriotic counsels, every cause of domestic dissension and fraternal discord may be speedily done away, and that the States and the people, whose Representa tives we are, may be bound together forever in a firm, cordial, and indissoluble union. Offering once more to you all my most grateful acknowledgments of your kindness, and my best wishes for your individual health and happiness, I proceed to the performance of the only duty which remains to me, by announcing, as I now do, That the House of Representatives of the United States stands adjourned, sine die. 1ST SESS.] Preliminary Proceedings. [DECEMBER, 1849. THIRTY-FIRST CONGRESS.-FIRST SESSION. BEGUN AT THE CITY OF WASHINGTON, DECEMBER 3, 1849. PROCEEDINGS AND DEBATES IN THE SENATE AND HOUSE OF REPRESENTATIVES.* IN SENATE. MONDAY, December 3, 1849. The First Session of the Thirty-First Congress commenced this day, conformably to the Constitution of the United States, at the Capitol, in the city of Washington. * LIST OF MEMBERS OF THE SENATE. New York.-Daniel S. Dickinson, William H. Seward. Wisconsin.-Henry Dodge, Isaac P. Walker. Iowa.-George W. Jones, Augustus C. Dodge. Forty-one Senators appeared in their seats. The Hon. MILLARD FILLMORE, Vice President of the United States and President of the Senate, took the chair. Mr. UNDERWOOD presented the credentials of the Hon. HENRY CLAY, elected a Senator by the Legislature of Kentucky for the term of LIST OF MEMBERS OF THE HOUSE OF REPRESENTATIVES. Maine.-Thomas J. D. Fuller, Elbridge Gerry, Rufus K. Goodenow, Nathaniel S. Littlefield, John Otis, Cullen Sawtelle, Charles Stetson. New Hampshire.-Harry Hibbard, Charles H. Peaslee, Amos Tuck, James Wilson. Vermont.-William Hebard, William Henry, James Meacham, Lucius B. Peck. Massachusetts.-Charles Allen, George Ashmun, James H. Duncan, Orin Fowler, Joseph Grinnell, Daniel P. King, Horace Mann, Julius Rockwell, Robert C. Winthropvacancy. Rhode Island.-Nathan F. Dixon, George G. King. Connecticut.-Walter Booth, Thomas B. Butler, Chauncey F. Cleveland, Loren P. Waldo. New York.-Henry P. Alexander, George R. Andrews, Henry Bennett, David A. Bokee, George Briggs, James Brooks, Lorenzo Burrows, Charles E. Clarke, Harmon S. Conger, William Duer, Daniel Gott, Herman D. Gould, Ransom Halloway, William T. Jackson, John A. King, Preston King, Orsamus B. Matteson, Thomas McKissock, William Nelson, J. Phillips Phoenix, Harvey Putnam, Gideon Reynolds, Elijah Risley, Robert L. Rose, David Rumsey, Jr., William A. Sackett, Abraham M. Schermerhorn, John L. Schoolcraft, Peter H. Silvester, Elbridge G. Spaulding, John R. Thurman, Walter Underhill, Hiram Walden, Hugh White. New Jersey.-Andrew K. Hay, James G. King, William A. Newell, John Van Dyke, Isaac Wildrick. Pennsylvania.-Chester Butler, Samuel Calvin, Joseph Casey, Joseph R. Chandler, Jesse C. Dickey, Milo M. |