DECEMBER, 1848.] Railroad across the Isthmus. [30TH CONG. account they are not under the control of the | the transportation of which their success de- Nor does this bill command the Secretary of War-to whom, also, might be referred the approval of such contracts with propriety-to conclude it. The Secretary of the Navy is the person to whom the bill refers the conclusion of the contract, because he already has in his hands the great business of controlling the Steamships which carry mails between the eastern and western extremes of our possessions, and it only lacks, sir, that a link be completed which lies between the Atlantic and Pacific Oceans, to perfect the communication between the two sides of our continent. The bill also provides for the transportation of naval as well as military stores; therefore, it very appropriately refers the completion of the contract to the Secretary of the Navy. The persons, Mr. President, named in the bill, and who, if the bill passes, are those with whom the contract will be made, are persons who, in my opinion, are entitled to the most favorable consideration. They are, in the first place, persons who are acquainted practically with what they undertake to do. One of the petitioners, Mr. Stephens, is known throughout the reading world for his travels in a part of South America, which lies near the country over which this road is to run. Besides being known as a traveller in all this region, he has visited the isthmus in company with two engineers, to ascertain for himself, not merely the practicability, but the cost of the work; and, though necessarily aided by the surveys which have been made heretofore under the contracts of different governments, he has nevertheless examined every inch of ground himself, accompanied by skilful engineers, who have made their own report of the route. He has knowledge upon the subject, and without knowledge of the subject, it is in vain for anybody to undertake it. The company who apply for this privilege have another recommendation-that of capital to accomplish it. They then, sir, have another recommendation, which is, an interest in the completion of the work. They are the contractors for the transportation of the mails on the other side of the isthinus. They have already put afloat three steamers of the first class, which have cost them six hundred thousand dollars. These steamers are now passing around to commence the business of transportation on the other side of the isthmus. They have, then, a great sum already embarked in this business, and they have a direct interest in making successful the large amount of money which they have invested on the other side. They who undertake to carry "persons and things" from the other side of the isthmus are those who, above all others, are the most interested in having the means of accomplishing, in the shortest possible time, the transit across the isthmus of the "persons and things" in They have another reason, Mr. President, why they should have this grant from us. They already have it from the Government which owns the country-from the Government of New Granada-and are at this time in possession of the privilege of opening this road. I will read to the Senate the letter of General Herran, Minister from New Granada to this Government, procured by these three gentlemen, Messrs. Aspinwall, Stephens, and Chauncey." It is dated LEGATION OF New Granada, Washington, Dec. 18, 1848. GENTLEMEN: I have had various conferences with Mr. John L. Stephens, as representative of the association which you have formed, and with powers sufficient to solicit the privilege of constructing a railroad in the Isthmus of Panama, under the conditions which, in the name of my Government, I have proposed to him. From these conferences it has resulted that Mr. Stephens has given me sufficient guarantees, besides those which are expressed in the privilege conceded to Matthew Klein, under date of the 8th of June, 1847, to insure the execution of this work, [this is a very material statement, sir,] and that your association binds itself to fulfil the conditions which I have proposed in favor of New Granada, besides those which are set forth in the privilege. In virtue of this agreement, I declare that you are in possession of the privilege conceded by the Government of New Granada for the construction of a railroad over the Isthmus of Panama. I am, your very obedient servant, P. A. HERRAN. Messrs. W. H. ASPINWALL, JNO. STEPHENS, and HENRY CHAUNCEY. This letter is in Spanish, sir, and I give it a literal translation as I go on. The last sentence is perhaps the most essential of all. "In virtue of this agreement I declare that you are in possession of the privilege conceded by the Government of New Granada for the construction of a railroad over the Isthmus of Panama.' So, that, Mr. President, besides securing to these applicants this contract heretofore, as stated by them in their petition, the Minister of New Granada has now, on this day, given them an official letter declaring that they are in possession of it. And it is probable that the Minister himself may be within the sound of my voice when I make this declaration, that he has, on this day, and for the purpose for which it is now used, declared that these persons are in possession of the privilege granted by that Government. Let it be known that this day the parties are in possession. I deem it fortunate, Mr. President, that, after the delays which have taken place for more than three centuries, in executing some easy and practicable communication between these 2D SESS.] Railroad across the Isthmus. [DECEMBER, 1848. two great oceans, the time has arrived now | in sending Lewis and Clarke to the Pacific when the great work can be accomplished. Ocean, the great object of which was to exTwo Governments, both in the New World, amine into the practicability of opening a comrepublics, and friendly to each other, have munication between the two sides of the contientered into a treaty for the purpose of secur- nent. We may have an American road yet to ing the execution of this work. An article has the Pacific Ocean: but that must be a work been inserted in the treaty, unanimously agreed of time. The work across the Isthmus of to on the part of the American Senate, by Tehuantepec may be called a foreign work, as which, sir, we acquire an interest, an invalu- it concerns us. This across the Isthmus of able interest, in the use of that work, provided Darien may be considered an American work, we use the right secured to us of opening the and that will be completed immediately. Í way across the isthmus. hope, then, that the Senators may see that every interest and every feeling that belongs to the Americans-for I appropriate that term by way of distinction to the first power in the New World-should make us anxious to accomplish this work, and to do it at once. Great will be the pride of all America to be the first to accomplish this work, and to accomplish it under circumstances which will give it a national character with respect to ourselves. This is done by two Republics-powers of the New World-acting together in making this treaty, and taking into their own hands as appropriate, the great work which is to carry into effect the great idea of Columbus, in proposing to go west in order to arrive at the east. It is now in our power to accomplish it. The petitioners undertake to do it within three years; and that undertaking is made by an actual view, an actual examination by engineers of the whole work to be accomplished. Their contract with the Government of New Granada gives them eight years in which to do this work. The privilege of which they alone are now in possession expires after eight years, and does not expire for eight years; but, actuated by their own interests, as well as anxious to comply with the universal desire to facilitate the intercourse between the two great oceans, these petitioners are ready to accomplish this work within less than half the time. This is as desirable to us, to the Government of this country, and to all who have yet to traverse the two oceans, as it is to them. Their interest requires it, and our convenience, and the successful carrying on of our own business requires it also. In the case of this companyinformed as they are-acquainted as they are with the work which they have to do, and in possession of the necessary capital to accomplish it already having six hundred thousand dollars invested in the line, which is on the other side of the Isthmus, and deeply interested in the returns which they have themselves to get from capital already laid out-we have every possible human guarantee that these gentlemen will have the work accomplished within the time which they name. Then, Mr. President, it is a subject of congratulation, a subject of rejoicing, that the United States of America, one of the first powers in the world, shall be the first to carry out the great idea of Columbus of going west to obtain the east. Other plans may follow, sir. There is one contemplated across the Isthmus of Tehuantepec by an English company. Let it go on. Let it succeed. Let there be as many as possible. But, sir, when that work is accomplished, it is still a British work. It is none of ours. It is not guaranteed to us by treaties. We will have to take our chance along with other nations. We may also, sir, in time, perhaps before long, accomplish the great idea of Mr. Jefferson Mr. BREESE. Mr. President, I do not rise at this time for the purpose of discussing the merits of this important enterprise. I shall leave that for some other and more auspicious time. But I rise to express my hope that the honorable Senator from Missouri will not attempt to precipitate action upon this bill, nor attempt to get a vote of the Senate upon it to-day, nor this week, but that he will give us ample time and abundant opportunity to consider it fully in all its details, and in its whole scope. I rise, sir, merely to state to the Senate that I have received information, upon which I can implicitly rely, that a far more beneficial proposition than this presented by the Committee on Military Affairs, will very soon be offered for the consideration of the Senate. Sir, this is a vast matter, and a vast undertaking which these individuals, the memorialists to this Government, are about to attempt, and for which they are to receive the sanction, patronage, and funds of the Government. If I understand any thing about it, this road will be about fifty miles in length, which, at a cost of fifty thousand dollars per mile, would amount to a little more than two millions of dollars. And now, sir, by this bill the Government proposes to pay to them, for twenty years, six millions of dollars for transportation of all kinds, leaving a profit of four millions, without counting the tolls levied on that portion of the commerce of the world that may pass over the route. The Senator says we have obtained the right to pass across the isthmus by treaty with New Granada, and that that right will be gone unless we exercise it. What is that right designated by the 35th article of the treaty? It is nothing more than a right of way guaranteed to us, and we are not subjected to the condition of constructing a road in order to secure the privileges guaranteed by this right of way. I hope the attention of the Senate will be called to this matter, and to the vast sum of [30TH CONG. The money proposed to be paid to these gentle- | resolutions of inquiry of this nature. men; and that Senators will bear in mind that answer to the resolution is submitted to the a proposition much more favorable will be discretion of the President. If he thinks it presented to them. The Senate, therefore, inconsistent with the public interest to give should not act hastily upon this subject, but the information asked for, he may decline to give us all time to look into it, and to make up furnish it. our minds fully in regard to it. HOUSE OF REPRESENTATIVES. Territorial Government. Mr. SMITH, of Indiana, from the Committee on the Territories, reported a bill to establish the Territorial Government of Upper California, which was read and committed. IN SENATE. FRIDAY, January 5, 1849. Purchase of Cuba. The following resolution, offered by Mr. MILLER, December 18, was taken up for consideration: Resolved, That the President of the United States be requested to inform the Senate whether any, and what negotiations or correspondence have taken place between this Government and the Government of Spain, or between any persons acting under the direction or authority of either Government, in relation to the purchase of Cuba by the United States; and that he communicate to the Senate copies of such negotiations or correspondence, so far as the same may be communicated consistently with the public interest. Opposition being manifested Mr. MILLER called for the yeas and nays on the adoption of the resolution, but the call was not sustained. Mr. Rusk moved to lay the resolution on the table, but withdrew the motion. Several SENATORS called for the yeas and nays on this motion. Mr. MILLER rose to offer some explanations concerning the resolution; when Mr. DICKINSON said the question was not now debatable. Mr. MILLER. I hope that the Senator who moved to lay the resolution on the table will withdraw his motion, in order to allow me an opportunity to say a few words in explanation. Mr. RUSK. I have no objections, so far as the subject is under my control, to allow the gentleman from New Jersey to offer any explanations he may be pleased to make. For one, I do not believe that any such negotiations or correspondence have been entered into by the two Governments named in the resolution; and the only authority for entertaining any such belief, on the part of any one, is a few vague rumors which have been circulated in some of the newspapers. Mr. MILLER. I would state to the Senate that this resolution is in the ordinary form of When the resolution was called up a few days since, the Senator from Georgia (Mr. BERRIEN) suggested to the Senate that it was not strictly in order to present a resolution of this kind in open Senate, but that it should be made the subject of executive session. Since that time I have been looking into the precedents of this kind, and I find abundance of them, which authorized the presentation of this resolution in open Senate. Resolutions requiring information from the President in regard to correspondence between this Union and other nations might, perhaps, develop matters which it would be more proper to deliberate and act upon in executive session. But in the cases of the negotiations between this Government and Mexico, and in the negotiations with regard to the annexation of Texas, and the negotiations between this Government and Great Britain in relation to the Territory of Oregon, resolutions of this kind were offered and received in open Senate. Therefore the resolution is not subject to any objection of that character. Again: I consider that the subject matter of this resolution is not of the ordinary character. This matter of purchasing foreign nations, people, and territories, is not of the ordinary character of the negotiations between nations. Hence I deemed it proper to offer this resolution, for the purpose of informing the country whether any negotiations of this kind have been carried on between this and the Spanish Government. My impression at the time I offered the resolution was, and still is, that if any such negotiations between the two nations are in progress, the country ought to be informed of the fact: the country should know it before the object of the negotiation is consummated; and it was for this purpose that I presented the resolution. Mr. RUSK. I wish simply to ask the honorable Senator from New Jersey, if he entertains any suspicion that such negotiations or correspondence are or have been in progress? Mr. MILLER. Since the honorable Senator from Texas has propounded the question, I must say that I have such suspicions. I know very well, sir, that the pretty general impression of the country is, that something of the kind has been going on, and my only object in offering the resolution was to elicit the truth, and quiet the public mind. Mr. FOOTE. From the manner in which this subject has been introduced by the Senator from New Jersey, I feel myself authorized to propound an inquiry to him, which he may answer or not, at his pleasure and discretion. I wish to know whether, in the event of his 2D SESS.] Reduced Rates of Postage. (JANUARY, 1849. WEDNESDAY, January 17. ascertaining that any correspondence or nego- | State, reported the same back without amendtiations in reference to this subject have ac- ment, and submitted a report in writing. tually taken place, he is prepared to assume an The report was read by the Secretary.. attitude hostile to the annexation of Cuba to this country, and whether he is or is not prepared to act upon the subject? If he is not prepared to act, then I think there is no necessity for this resolution. If, however, the Senator from New Jersey, in the event of such a correspondence or negotiation having actually occurred, or being in progress, intends to throw obstacles in the way, for the purpose of preventing its consummation, there is some reason for his resolution; but if he intends to remain inactive, and is resolved that no action shall follow after the information shall be obtained, I must repeat that I see not the slightest reason whatever for the passage of the reso-ments offered by the committee. The com lution,. Mr. DICKINSON. I renew. the motion to lay the resolution on the table. Mr. MILLER. I hope the honorable Senator from New York will withdraw his motion for a moment, in order that I may reply to the question of the Senator from Mississippi. Mr. DICKINSON. I will withdraw my motion if the Senator from New Jersey will renew it after he has made his reply. Mr. MILLER. I would not like to renew the motion to lay the resolution on the table myself, but I have no doubt others will do it. The gentleman can renew it himself. Mr. DICKINSON. I will withdraw my motion for the present. Mr. MILLER. Mr. President, perhaps it would be wise in me to reserve my answer to the question of the Senator from Mississippi till the facts of the case are laid before the country. But I have no desire to conceal my opinions or intentions in regard to this matter. My own opinion is made up upon this subject, and I do not hesitate to say that I shall be opposed to the annexation of Cuba to this country, at all times and under all circumstances. Mr. FOOTE. I would simply state, that if such be the determination of the honorable Senator from New Jersey, he will find himself in an awkward position in less than four mouths, for the President elect is decidedly in favor of the annexation of Cuba, and has so declared himself. Mr. NILES moved to postpone the prior or ders of the day, with a view to take up the bill to reduce the rates of postage and for other purposes. The motion having been agreed to, the bill was taken up and considered as in Committee of the Whole. The bill was read by sections. Mr. NILES. The question is upon the amend. mittee have had these amendments under consideration since they were printed; and in consequence of the treaty with Great Britain, they have deemed it necessary to alter some parts of the section relating to foreign letter postage. I have to offer an amendment as a substitute for the fourth section, adopting the rules prescribed in the treaty with England-which we are bound by that treaty to adopt-with respect to our postal connections with her; and which rules, from the consideration of having uniformity in the matter, they have concluded to adopt in relation to the postal arrangements with all other foreign countries. Mr. NILES. Mr. President, I presume the Senate would obtain a very correct idea of the section and the amendment offered as a substitute from their reading; but, perhaps a few words of explanation will not be amiss. By the recent treaty with England, we have established the rate of steam postage on all letters conveyed in her mails into that country, or in any mails of Great Britain and the United States, at sixteen cents; with the additional provision, also, that the inland postage of letters for England through the United States shall be five cents, and the inland postage of our letters through Great Britain three centsmaking twenty-four cents, as the combined postage on letters going in our steamers or their steamers. Well, sir, as we were under the necessity of adopting these rates in our intercourse with Great Britain, we thought it best to make the rule applicable to all other countries, and therefore fixed the uniform rate of postage upon all other foreign letters conveyed in our mails at twenty-one cents; this rate to prevail with Great Britain or any other foreign country with whom we have established mail lines. This amount of twenty-one cents is uniform in its application to other countries, so that a person can send a letter from Liverpool, Bremen, or any other part of the Continent, at precisely the same rate of postage as it is received at New York. The same rate Mr. BERRIEN, from the Committee on the applies in regard to letters received from forJudiciary, to whom was referred the bill foreign countries, it being deemed necessary by the admission of California into the Union as a the committee to preserve as much uniformity Mr. DICKINSON renewed his motion to lay the resolution on the table. Mr. HALE called for the yeas and nays, which were ordered, and decided in the affirmativeyeas 23, nays 19. So the resolution was laid on the table. TUESDAY, January 9. Admission of California. The section provides further, in regard to letters not conveyed in the foreign mails of the United States, where we cannot control the postage, except the English postage, that the same principle shall obtain, fixing the rate of postage on letters thus conveyed at five cents. This is the whole charge we impose on them. They of course will be subjected to the rate of foreign postage, sixteen cents in British mails -the only country that has any mail line established permanently to the United States. [30TH CONG. as possible; it making, therefore, no difference as the English law does. We merely propose between letters received at New York from to double the charge upon all exceeding the first abroad, and those which may be received at rate. The first rate is two ounces. The Engany distant part of the country, fixing the English mail carries two ounces for one penny. lish postage in all cases at five cents. Our old law fixed the rate at two and a half cents, and one cent for every succeeding ounce. I think we have had very good reasons for making these changes, particularly in regard to letters. With regard to these pamphlets, which are an important item in the communication between the two countries, this provision of the bill, I think, is very liberal-about what it ought to be. It fixes the first rate of two ounces at two cents, all beyond that at two cents the ounce; and this in the progression is considerably below the English rate of postage for similar matter. The first rate, as I have said, of this class of matter is two ounces, which is subject to one penny postage in England, and which we have been bound by the treaty not to increase. The first rate of two ounces is two cents, and an additional two cents for all beyond that. A further provision is made in this section with regard to letters conveyed in private vessels that do not carry regular public mails. The section is limited to letters that are ac- | tually posted in the United States. Thus they are received by such vessels, and when they come into our ports go to the post office; and the provision is, that those that come from such vessels to the post office, or go from the post office to such vessels, pay five cents postage, including inland postage; so that in all parts of the United States the postage may be the same. As this section covers the whole of the arrangements for foreign postage, there is also a provision in regard to postage on pamphlets, magazines, and newspapers, though the postage upon this description of mailable matter has also been controlled by the treaty with England. The treaty fixes the rate of postage on a newspaper by its weight; the English rate of postage upon a newspaper being one penny English currency, while we have adopted two cents. This is a very low postage, and the committee had some doubts whether the sum would cover the English postage as well as the steam postage; but, considering that the bill proposes to reduce the newspaper postage at home to one cent and to half a cent, they thought it on the whole best to preserve uniformity, and that it would be better to let the rate stand at two cents, including the steam postage as well as inland. So that newspapers as well as letters can be received throughout the United States at uniform rates of two cents; the same to those going out of the country. In respect to pamphlets, the custom of the English postal system is a singular one. They adopt a low rate for the first ounce, a higher rate for the second, and so progress upwards. We have adopted their rule in part. We propose the rate of two cents-a sum to which we are confined in the treaty as far as England is concerned-for the first ounce, including English postage, and we increase the postage on such mail matter as pamphlets and magazines, according to weight. We propose to advance the postage as the weight increases, but not to continue the principle of progression Mr. DAYTON. Mr. President, it is certainly very desirable that this bill should be acted upon, and acted upon promptly. But it is still more desirable that it should be acted upon intelligibly. Now, if I understand the amendment offered by the Senator from Connecticut, and that portion of his remarks I have been able to hear, it seems to me that, in reference to the subject of foreign postage, it is an entirely new bill, regulating the whole subject matter of foreign postage as applied to letters, newspapers, periodicals, and every thing of that description; and likewise as affecting the question of franking, this amendment is a most important one. It has just been offered, and I am perfectly satisfied that Senators have not been able to give it a satisfactory examination; and, for one, I would much prefer that the bill and amendments offered by the Senator from Connecticut should be laid upon the table, and printed by the Senate for the use of its members. Mr. NILES was understood to say that he thought Senators had had time to consider the whole subject. He thought that if Senators had paid a little attention to the amendment when it was read, and to his subsequent explanation of it, they would have been able to understand the subject very well; but he presumed that, on account of the noise which prevailed in the Chamber, some Senators had not been able to hear the amendment and his remarks upon it very distinctly. He did not know when they would have a more favorable opportunity to consider the subject than the present. The whole matter had been before the country for some time, and the bill with the original amendments had been printed in all the newspapers, and he presumed they had been read and discussed by Senators and the people generally. The amendment which he had just offered was one which he presumed would not attract much attention here, |