32D CONG.....3D SESS.

'chairman of the Committee of the Whole, or the 'chairman of a Select Committee of either House 'shall be empowered to administer oaths or af'firmations to witnesses in any case under their examination." The next is an act to extend the provisions of that act. It provides "that the 'chairman of any standing committee, either of 'the House of Representatives or of the Senate of the United States, shall be empowered to ad'minister oaths or affirmations to witnesses in any case under their examination, and any person 'who shall be guilty of perjury before such com'mittee, shall be liable to the pains and penalties 'prescribed for the punishment of the crime of willful and corrupt perjury." So that the power is expressly confined to the Presiding Officers of the two Houses, and the chairmen of committees.

"

Mr. TOUCEY. I am not satisfied to vote for this delegation of power by a committee. I am not satisfied that the delegate of the committee would have any power whatever to compel the attendance of witnesses. I am not satisfied that if the oath was administered and violated, that the party could be indicted for perjury. And if a witness were to refuse to answer an inquiry of the delegate, I do not think there would be any power to commit him for his refusal to answer. If, therefore, I were in favor of committees sitting during the recess of Congress, I should still be opposed, for the reason that I have suggested, to a committee organized in this manner.

But, sir, it is made the duty of the President of the United States to see that the laws are faithfully executed, and treaties are the supreme laws of the land. It is therefore his duty, under the Constitution, to make the inquiry, and there is a bureau of the Executive department, to which that inquiry properly belongs. I am not satisfied either that there would be any evil arising from the delay. We shall not be here until the next session of Congress to take advantage of any information which the committee may obtain. The next session will be the long one, and if this is an investigation which ought to go on, and if the Executive departments shall neglect to make the investigation, we shall then have the power in season for any action to make the inquiries, before we, in this body, or the members of the other House, could act upon any information which might be obtained by this mode of investigation which is proposed. I hope, therefore, the whole inquiry will be suspended until we meet again.

Mr. PETTIT. It seems to me that it is due alike to the Senate and to the accused, Governor Ramsay, that this investigation should go on at the earliest day. It is all true that it may go on at the next session, which will be the long session; but there will be nothing done during the first months in the winter, and laboring in the summer will be rather an unpleasant and wearisome undertaking, besides the difficulty of dragging witnesses from Minnesota here to give their testimony, when two or three men might be sent there for the purpose of taking the testimony. If Governor Ramsay is innocent, as I trust it may turn out he is-and I do not pretend to speak on that point at all-as an honorable man I ask for him that the Senate shall take the most prompt and efficient means for having the charges investigated. If he be innocent, and has been falsely charged, why continue to have him held up to the gaze of the world for a year as a villain and that of the worst kind? He is demanding the investigation. It is due to him that he should have it at our hands. Sir, there can be no difficulty in detailing one member of that committee or the whole of them for the investigation.

I know Governor Ramsay well. I formerly served with him in the other House. Whether he be guilty or not I am not prepared to say, having had no connection with this matter; but while serving with him in the other House Í regarded him as an honorable man. I hope and trust it may turn out that he has remained so. But if he be an honorable man, he asks this examination, and it is due from the Senate, or any public body having the power, to make the examination promptly and speedily, that it shall be made. Why hold him up, I say, a long year, and more than a year, to public scorn, ridicule, and the denunciations of the papers all over the country, when we have the power to prepare the way for his punishment or relieve him from suspicion?

To obviate the difficulty suggested by the Senator from Virginia, who believes that there is some doubt about the authority of the delegate of a committee to administer oaths, or the punishment which would follow in the event of a violation of the oaths, I will move to amend the resolution so as to make it read that a committee of three shall be appointed.

The PRESIDING OFFICER. An amendment is already pending for that purpose, offered by the Senator from Mississippi.

Mr. PETTIT. I was not aware of that. I will say one word in reference to it. If the Senate appoint such a committee, there can be no doubt of the authority of that committee to administer the oaths, to progress with the investigation, to do justice to the party accused, and to do justice to the country. It is idle to talk about the miserable paltry sum which it will cost. Suppose you should pay the per diem and mileage of three members of Congress; suppose you should pay the mileage to Minnesota or elsewhere in the country, wherever it shall be necessary, and the regular per diem during this vacation, what great sum would it be at last? Sir, is it to be weighed in the balance at all with the administration of public justice, with the investigation of charges of large peculation and wrong? Is it to weigh for a moment in the balance against the character of an honorable man, which is put in jeopardy in this manner It ought not for one moment. I hope, to put the question beyond any doubt as to the authority to administer the oaths, and their binding effect, that a committee of three will be raised. I believe it will be better to intrust the power to such a committee than to one person. It is a large power to delegate to one man, I grant. Let there then be a committee of three appointed. I insist, at any rate, that the investigation shall go on. The honorable Senator from Wisconsin having been the mover of the resolution, would, in all probability, if the resolution as he introduced it should pass, be detailed by the Committee on Indian Affairs to make the investigation; and I take great pleasure in saying, that having known that gentleman since our early youth, having long since formed an acquaintance, I might well say from boyhood, I take pleasure in saying that I do not believe such a duty could be confided to more faithful, efficient, or honest hands. I trust, however, the resolution will be so amended as to appoint a committee of three, in order that there may be no doubt about the power.

Mr. BUTLER. If we are to go on with the investigation proposed by the honorable Senator from Wisconsin, and which seems to be insisted upon by the Senator from Indiana, it does seem to me that three Senators are the very last persons who ought to be employed to make it, because Governor Ramsay-about whom I know nothing -is amenable to the Federal Government for his acts, and he must be amenable through the ordi

Mr. PETTIT. He has not addressed any

communication to me.

Mr. CHASE. Has he addressed any communication to the Senate?

Mr. PETTIT. I have not seen any. I took the word of the Senator for the statement. It seems to me that we ought to have the investigation so as to settle the question whether he is guilty or not. If he is innocent he ought to have it on his own account; and we ought to have it if he is guilty.

amenable, that is by impeachment from the House of Representatives. And, sir, in that point of view we are the judges; and are the judges of the accused to send out their own committee to collect testimony? That would be, in a fair contemplation of our duties, a paradox. I do not know what use we could make of the information if we had it. Could we impeach the accused? All we could do would be to acquit him. If it became necessary for us to decide upon his guilt, this would be an improper mode of proceeding. make this suggestion, therefore, that if any information is to be acquired, it ought not to be ac

I

SENATE.

EXECUTIVE BUSINESS.

On motion by Mr. MASON, the Senate proceeded to the consideration of Executive business; and after some time spent therein, the doors were reopened.

Mr. BORLAND moved that the Senate adjourn; which was not agreed to.

ADJOURNMENT OVER. Mr. SEWARD moved that when the Senate adjourn, it be to meet on Monday next.

Mr. HOUSTON. I hope, Mr. President, that that will not be done. I am satisfied that the effect of that would be, that when we assemble on Monday there will not be a quorum here. I shall have to ask the yeas and nays on the motion. The yeas and nays were not ordered.

Mr. HOUSTON. I will merely suggest, before the question is put, that if we adjourn over until Monday, and then find ourselves here without a quorum, we can then only adjourn from day to day, and shall consequently have to sit the remainder of the year.

Mr. MASON. If the business before the Senate is to be acted on, it is necessary that we should remain here until it is finished. We have now but a bare quorum, and many gentlemen have told me that they are obliged to leave the city. I am not one of those who will leave. Although it is a very great inconvenience to me to remain here, I submit to it, and I intend to sit here from day to day until we finish the public business.

Mr. PHELPS. Permit me to say, Mr. President, that I do not see anything to be gained by adjourning over until Monday. We are certainly not so overburdened with business that we need to sit more than two days, and I think we had better finish it this week. I agree with my friends over the way, that if we adjourn until Monday we shall never get a quorum again.

Mr. CHASE. I will remark that to-morrow is Good Friday, and I think respect enough is due to the wishes of those Senators who desire to keep that day to induce the Senate to adjourn over. I will therefore suggest to my friend from New York to agree to a compromise, and modify his motion so as to adjourn over until Saturday instead of Monday.

Mr. BADGER. It seems that we have got the Senator from Ohio in favor of a compromise at last. [Laughter.]

Mr. SEWARD. If the honorable Senator from Ohio goes for a compromise, I believe I must give up too. I accept his proposition, and will modify my motion so that when we adjourn it be to meet on Saturday, at twelve o'clock.

Mr. BORLAND. I move that the Senate now adjourn.

The question being then taken, upon a division there were-ayes 10, noes 16; so the Senate refused to adjourn.

Mr. BORLAND. Although the Senate has refused to adjourn, I think it is pretty clear that we can do no other business; for there is not a quorum present.

Mr. SEWARD. I hope the question will be put on my motion.

Mr. BORLAND. I do not believe that is in order when there is no quorum; but I will ask the yeas and nays upon it, at any rate.

The yeas and nays were not ordered.

The question being then put on the motion that when the Senate adjourn it be to meet on Saturday next, on a division there were-ayes 17, noes 9; no quorum voting.

Mr. BRIGHT then moved that the Senate adjourn; which was not agreed to.

Mr. PETTIT. I move that when the Senate adjourn it be to meet at twelve o'clock on Monday

next.

32D CONG.....3D SESS.

Mr. BORLAND. I will suggest that that motion is not in order unless there is a quorum pres

ent.

The PRESIDING OFFICER, (Mr. COOPER in the chair.) In the opinion of the Chair the motion is in order.

Mr. HUNTER. I hope my friend from Indiana will not press that motion that we shall adjourn over unti! Monday; for I think we can employ our time here upon nominations and treaties.

Mr. PETTIT. At the request of my friend from Virginia, I withdraw the motion.

Mr. CHASE. I think we have no such business before us as to require us to sit to-morrow, at any rate. All that remains is nominations, which can be dispatched without delay, when they shall be sent in, judging from the unanimity which has prevailed in the consideration of our business thus far.

Mr. HOUSTON. Some new question may spring up.

Mr. CHASE. If we are determined to go through with our business we can do so. All that is before us could be finished to-day, if necessary. But what would be the necessity for that? We know that there are communications yet to be made by the Executive, which we shall not receive until next week, and which prevent our adjourning. We cannot with propriety adjourn until || we receive an intimation from the President that he has no further communications of an Executive character to send to us. Why not, then, adjourn over until Monday? I can see no reason why we should not do so; and I therefore renew the motion that when we adjourn it be to meet on Monday

next.

Mr. HUNTER. I will say that if we adjourn to-day to meet on Monday next, the result will be that we shall have to sit all next week, and perhaps the week after. It is very doubtful whether we should have a quorum.

Mr. BADGER. Mr. President, I have been here every day from the beginning to the end of our sitting; but while I am willing to come here, I am not willing to be dragged here upon days when I do not feel inclined to come, and when it is very evident there will be no quorum here.

Mr. HOUSTON. I have not the least disposition in the world to embarrass gentlemen who have different views from my own with regard to this matter. I am perfectly willing to sit here until we get through with every particle of the business before us. I am even willing to listen to the debates that may incidentally grow up on various topics; but I will repeat what I said before, that if we adjourn over until Monday, there will not be a quorum in the body for the transaction of business. I do not care about making sixteen dollars and rendering no service for it; I would much rather be on my way home. It seems to me, Mr. President that we are trifling with our duties here, when we are pretending to be in session, and yet adjourn over two or three days at a time. There is nothing in that which I can see that is very beneficial to the country, or creditable to ourselves. I wish to test the sense of the Senate on this subject; and it gives me great pleasure that there is not a quorum present on this occasion, so that no motion can be entertained except a motion to adjourn.

Mr. BRIGHT. Mr. President, it is manifest to me that it would expedite business to adjourn over until Saturday. The suggestion is made that we shall have no quorum until some business is transacted at the other end of the avenue. Why have we no quorum? It is because gentlemen feel compelled to go to the other end of the avenue to attend to important business. If the Senate should adjourn over, we can have an opportunity to-morrow to attend to the pressing business which has accumulated upon our hands, and thus we could enable the Executive to prepare business for us to dispose of here on Saturday. I think that for this reason it would really be a saving of time if we should adjourn from now until Saturday at twelve o'clock.

Mr. CHASE. I wish to say, in relation to the remarks which have fallen from the Senator from Texas, [Mr. HOUSTON,] that no one is more ready than I am to sit here and dispatch the business with which we are intrusted. If we could dispose

Special Session-Adjournment Over.

of the whole business of the session so as to adjourn to-morrow, it would afford me very great pleasure. I am exceedingly anxious for adjournment-no one is more so; but gentlemen should remember what is the condition of the public business. We know that the Executive expects during the next week to send in further communications, which will require our action.

Mr. FISH, (in his seat.) How do we know that?

Mr. CHASE. I will inform the gentleman that I have heard it stated by Senators who are presumed to know. I thought it was well known. At all events, Mr. President, this is an Executive session. It is not usual, at sessions of this character, to adjourn until some intimation is received from the Executive that he has no further communication to make. No such intimation is in the possession of any Senator; but, on the contrary, the Executive has intimated his intention of transmitting further communications to us. If, then, there is business which will require us to be here next week, why refuse to adjourn over? Shall we expedite the public business by coming here? I think not. We cannot certainly transact all the public business that is before us in two days; for we have these nominations yet to come. We then accomplish nothing by coming here, in the way of expediting the public business, but we merely embarrass those Senators who have engagements for their constituents at the other end of the avenue, and we shall also embarrass those Senators who, in consequence of the character of the day, may not wish to attend here to-morrow. Under these circumstances, I hope the honorable Senator from Texas will withdraw all opposition to adjourning over. I would go as far as he would to expedite the business of the Senate and to bring about an early adjournment; but I cannot see that our meeting here to-morrow would tend, in the slightest degree, to produce that result. The gentleman says we shall not have a quorum if we adjourn over; but, sir, I cannot believe that any Senator would absent himself, while the public business requires his presence here, without some good reason.

Mr. HOUSTON. I am sorry, Mr. President, that I cannot agree with what my friend has said in relation to the transaction of business at the Departments. If the object is to aid the President in making his nominations, or to aid the Departments, we ought to sit here day and night, so as to give them an opportunity to do something. If the Senate adjourns over they will not be able to do a single thing; and it is in mercy to them that I want to sit. It would be better if we should sit day and night, because that would relieve them in some degree, from importunity, and give them a chance to do something. I want to give them a little rest, so as to enable them to come to some conclusion; but if Senators are bent on this thingif it is the general wish that the Senate shall be turned loose upon the Departments to-morrow-I do not know as it will avail much for me to oppose it. Perhaps they would better have one day than take to-morrow and Saturday both, and I am somewhat inclined to yield to the suggestion of the Senator from Ohio, and consent to the Senate's adjourning over till Saturday; and then, if any gentlemen wish to keep Good Friday, they can have an opportunity. I believe I will not object to that, but I cannot give them more than one day.

Mr. CHASE. I will modify my motion, then, so as to adjourn until Saturday instead of Monday.

Mr. MASON. Mr. President, I would agree to this arrangement which the Senator proposes, if I were not convinced from our experience yesterday and to-day that we shall not be able to get through the public business unless we sit from day to day. The business which we have before us of an Executive character occupies very little of our time; but it is principally taken up in debating subjects that have run over from the last session; that was the case yesterday, and it has been the case again to-day, and now we are told that we cannot get through until next week. I I shall be obliged to resort to all parliamentary means to prevent the motion of the Senator from Ohio from being adopted.

Mr. BUTLER. I will answer for it that we

SENATE.

could get through with all the nominations the President would send to us in this week; and we could let the treaties rest until the next session.

Mr. BADGER. I will suggest to the honorable Senator from Virginia [Mr. MASON] that we shall accomplish nothing in the world by meeting to-morrow. No business can be done. I scarcely ever absent myself from my place; but I shall not be here, for one, and he may depend upon it that there will be no quorum.

The question being then taken on the motion of Mr. CHASE, on a division there were-ayes 20, noes 7; no quorum voting.

Mr. MASON then moved that the Senate adjourn; which was not agreed to.

Mr. PETTIT. I now renew the motion that when the Senate adjourns it be to meet on Monday next at twelve o'clock.

The question being taken, on a division there were-ayes 19, noes 8; no quorum voting.

Mr. HOUSTON. I wish to ask whether it is according to the rules for a member to vote on both sides of the same question?

The PRESIDING OFFICER. No, sir; it is

not.

Mr. HOUSTON. Well, sir, that has been done here; but there did not appear to be a quorum after all, so I will let that pass. I will now move that when we adjourn it be to meet on Saturday; and in making that motion I desire to say that there is no probability that we shall finish the business of this session until the middle of next week, or perhaps later than that; but it seems to me that by Thursday or Friday of next week we shall be able to get through with our business. We are called together by the Executive to attend to important public business, and I trust that Senators will not absent themselves so as to leave us without a quorum.

Mr. BADGER, (in his seat.) I am afraid they

will.

Mr. HOUSTON. Well, sir, I am afraid they will; but at the same time I hope they will not. If we shall be under the necessity of remaining here until the middle of next week, there will be nothing gained by sitting to-morrow, since, for various reasons, some of which have been adverted to, it is obviously the sense of nearly the whole body to adjourn over until Monday. I wish, therefore, to suggest to those Senators who resist this proposition, and who are very desirous of transacting our public business as fast as possible, that it can hardly be expected that we should facilitate the transaction of public business by a policy which leads us to resist the will of nearly the whole body. On this ground I have given way to the extent of allowing them to-morrow, and I hope they will consent to sit on Saturday. I submit that motion, that when we adjourn it be to meet on Saturday.

Mr. PETTIT. I hope we will either adjourn to meet to-morrow or adjourn over until Monday. Let us adjourn over for two days or none.

Mr. MASON. I have resisted until I find it is useless to resist any longer, and although I am still of the opinion that we ought only to adjourn from day to day, I will not resist the will of the Senate to adjourn over until Saturday.

The question being then taken on the motion of Mr. HOUSTON, on a division there were-ayes 21, noes 2; no quorum voting.

Mr. BUTLER. There are some gentlemen who did not vote, and perhaps if they should all vote there would be a quorum.

The PRESIDING OFFICER. There are not enough to make a quorum.

Mr. BRIGHT. I move that the absentees be sent for. We have been sitting here at work all day, and it is no more than right that those members who are absent should be requested to attend.

The PRESIDING OFFICER. It is moved that the Sergeant-at-Arms be directed to request the attendance of absent members. Are Senators ready for the question on that motion?

Mr. WELLER. I move that the Senate now adjourn.

The motion was not agreed to.

Mr. PETTIT. I withdrew one motion which I made in order to gratify my colleague and other gentlemen, and I hope he will withdraw that.

Mr. BRIGHT. Certainly; I withdraw it.
Mr. PETTIT. I now move that when the

32D CONG....3D Sess.

Senate adjourns it adjourn to meet on Monday

next.

Mr. WELLER. I call for a division on that question.

The PRESIDING OFFICER. It is perfectly idle to put the question when it is known that there is not a quorum present.

Mr. PETTIT. Perhaps there is a quorum

now.

The PRESIDING OFFICER. The Chair will inform the Senator that there is not a quorum; there are but twenty-four Senators in the Chamber.

Mr. PETTIT. There may be others in the

ante-rooms.

Mr. BRIGHT. I renew the motion that the Sergeant-at-Arms be directed to request the attendance of absent members.

The motion was agreed to.

Mr. SEWARD. I hope the motion of my friend from Indiana, that when we adjourn it be to meet on Monday next, will meet the concurrence of the Senate; and I wish to make an appeal to the honorable Senator from California, [Mr. WELLER,] and to other Senators who resist that motion, by stating that, while I am perfectly willing, and am determined to remain here so long as the public business shall require, if it be all next week, to the sacrifice of all engagements elsewhere, and while I am willing to meet to-morrow and next day, if it be necessary, yet it must be apparent that the Executive business for which we are convened is not in such a situation as to require our attendance here on to-morrow and the day after. We shall have time enough after it shall be prepared and brought before us to act upon it; and as we all have some business connected with our official trusts here which we cannot do at our regular sittings, I think some opportunity should be allowed for that, instead of requiring us to be here at a time when we can do nothing. Under these circumstances, I trust the honorable Senator from California will withdraw his opposition, and allow us to adjourn over.

Mr. BUTLER. So far as regards the termination of this session, it depends entirely on the communications from the President; and whether we meet to-morrow, or on Saturday, or not until Monday, makes not the least difference so far as that is concerned. I think if we should adjourn from now until Monday, we should do just as much business; and if we sit every day, we shall do just as little. Why, then, should gentlemen so strenuously adhere to their determination to force us to adjourn from day to day? The session terminates, as a matter of course, the moment the President sends a message here that he has no further communications to make and we confirm all the nominations. It will not close until then; and in the mean time I think it is the duty of gentlemen to attend here in their seats, and not go to the Departments and stay until about four o'clock, and then come here at the time when we want our dinners, and call for a division on questions in order to defeat the will of the majority of the body.

Mr. WELLER. Mr. President, I take it for granted that the honorable Senator from South Carolina alludes to me in his concluding remark, and I deem it proper to make an explanation. So far from having business at the Departments which detained me from my seat, I had a constituent, a California gentleman, who was fortunate enough to get married to-day, and having selected me to back him upon that occasion, I was constrained to absent myself from my place here. No public business could have induced me to leave the Senate; but when private business, involving a question of such an interesting and delicate nature calls me away, I know that my gallant friend from South Carolina would be the last man to complain of my absence. I will say, furthermore, that whenever he shall be so fortunate as to get a lady in the same condition-I mean in a condition to consent to matrimony-it will afford me great pleasure to back him also. [Laughter.]

Mr. BUTLER. I will promise my friend from California the same thing; and I think there is a better prospect of his needing my services in that respect than of my needing his. [Laughter.] The question was then stated on the motion of Mr. PETTIT, that when the Senate adjourns it be to meet on Monday next:

Special Session-Adjournment Over.

Mr. MASON. The Senate has just made an order to send for absent members. In this state of business, a motion to adjourn is in order, but not a motion to adjourn until a future day.

The PRESIDING OFFICER. In the opinion of the Chair a motion to adjourn to a future day is in order. The motion was made, and the question has not been put.

Mr. HOUSTON. The Senate can only adjourn from day to day without a quorum; the rule so declares.

The PRESIDING OFFICER. The Chair understands the rule very well; but there is no motion to adjourn.

Mr. WELLER. I make that motion now.
The motion was not agreed to.

Mr. WELLER. I can only say that there are some very obstinate men here. [Laughter.] Mr. PETTIT. I move that when the Senate adjourns it be to meet on Monday next. Several SENATORS. That motion is not in order.

The PRESIDING OFFICER, (Mr. COOPER in the chair.) The Chair decides it to be in order. Mr. MASON. I am very reluctant to differ from the judgment of the Chair in any respect, but I am satisfied that the motion just made is not in order. I shall be compelled to appeal from the decision of the Chair on the question of order.

The PRESIDING OFFICER. The Chair will state the question. A motion was made by the Senator from Indiana, that when the Senate adjourns it adjourn to meet on Monday next. The Chair entertained the motion. The Senator from Virginia appeals from the decision of the Chair in entertaining that motion. The question now before the Senate is, "Shall the decision of the Chair stand as the judgment of the Senate?"

Mr. BRIGHT. I will say, with due deference to the opinion of the Chair, that it is manifest to my mind that the Chair is in error. The Chair will see what the effect will be, from the appeal which has been taken by my friend from Virginia. When the question is put, "Shall the decision of the Chair stand as the judgment of the Senate ?" a division will be called, and there is no quorum.

The PRESIDING OFFICER. That we do not know; that question remains to be decided whether there will be a quorum when the question is put on the appeal.

Mr. BRIGHT. The proper motion, then, with due deference to the decision of the Chair, is to suspend the order requiring absent members to be sent for.

Mr. MASON. When the Senate ascertains officially that there is no quorum present, of course the order continues in force to send for absent members; but as soon as there is a quorum any motion will be in order.

The question was then again stated on the appeal, and Mr. BRIGHT called for a division.

Mr. WELLER. I will propose a compromise. We have no quorum here; that is evident. Some Senators want to adjourn over till Monday, and some want to adjourn only till to-morrow. I therefore propose, as a compromise, that we adjourn over until Saturday.

Mr. BRIGHT. I object to any compromise. The question being then taken on the appeal, on a division, there were-ayes 15, noes 4; whereupon the Chair announced the decision as sustained, and the question recurred on the motion that when the Senate adjourns it be to meet on Monday.

Mr. HUNTER. It is useless to be consuming our time in this way, when there is not a quorum present, and I therefore move that we adjourn.

Mr. PETTIT called for a division; and the question being taken, there were-ayes 9, noes 12; so the Senate refused to adjourn.

Mr. STUART. I hope the motion to adjourn over will not be renewed until there is a quorum here. Let us have a quorum first, and then vote afterwards.

Mr. HOUSTON. There is not much prospect of that. Instead of increasing the number of Senators present, the longer we sit the more our numbers are diminishing. We have just got rid of several more, and I think we might as well adjourn and meet to-morrow, unless some gentlemen can give some good reasons for persisting longer in the motion to adjourn over.

SENATE.

Mr. PETTIT. I will gratify the Senator from Texas by giving some reasons. The reason which influences me is this: I am satisfied that we shall do no business to any valuable purpose, either tomorrow or the next day. To-morrow is what is called Good Friday. I never knew a good Friday yet, and I hope that to-morrow will be a good one at any rate. It was always "hangman's day' with me. In addition to that, many Senators have important business to transact at the other end of the avenue, and I hope we shall adjourn over for two days in order to give them a chance to attend to it. I am satisfied that we could not get a quorum if we should undertake to meet tomorrow or on Saturday. These are some of the reasons why I think we should adjourn over until Monday, and I make that motion.

Mr. HOUSTON. The suggestion presented by the remarks of the honorable Senator has some weight. I believe, after all, it will be well enough to turn the whole Senate loose upon the Departments, and then we can all have a fair chance. I think some of our members are rather getting the advantage of us by staying away when we are sitting here; and I will relent, sir, and agree to adjourn over till Monday. [Laughter.]

The question being then taken, Mr. WELLER called for a division; and upon a count, there were-ayes 14, noes 5; no quorum voting.

Mr. HUNTER. We have no means of compelling the attendance of absent members. We tried that during the last legislative session, one night when there was a great necessity for the appearance of a quorum, and at last we were forced to adjourn because we could not compel the attendance of absent members under such rules as we now have. We cannot do it on this occasion, and the motion to adjourn over cannot prevail for want of a quorum. I hope that we will adjourn. Mr. BADGER. I move that we now adjourn, and on that motion I call for the yeas and nays.

The yeas and nays were ordered; and being taken, resulted-yeas 14, nays 12; as follows:

YEAS-Messrs. Badger, Borland, Bright, Butler, Evans, Everett, Hunter, Mallory, Mason, Phelps, Shields, Smith, Thompson of Kentucky, and Weller-14.

NAYS-Messrs. Atchison, Bayard, Chase, Cooper, Dodge of Iowa, Fish, Jones of Iowa, Pettit, Seward, Stuart, Sumner, and Toucey-12.

So the motion was agreed to; and, accordingly,
The Senate adjourned.

FRIDAY, March 25, 1853.

The PRESIDENT called the Senate to order at a quarter past twelve o'clock.

Mr. ADAMS submitted the following resolution:

Resolved, That the Secretary of the Senate be, and he is hereby, authorized and directed to appoint a reading clerk, whose duty it shall be to attend in the Senate and assist the Secretary, and to do such duties when the Senate is not in session as the Secretary may require; and he shall receive per annum out of the contingent fund of the Senate, the same salary as the Chief Clerk of the Senate.

The PRESIDENT. The Chair will suggest that there is no quorum present. The rule requires him to wait a reasonable time for the appearance of Senators; and fifteen minutes, in the opinion of the Chair, is a reasonable time.

Mr. SEWARD. I move that the Senate ad

journ.

Mr. ADAMS. In order that we may have a certain count, I will ask for the yeas and nays on the motion.

The yeas and nays were ordered; and being taken, resulted-yeas 14, nays 13; as follows:

YEAS-Messrs. Atchison, Benjamin, Butler, Cooper, Evans, Hamlin, James, Norris, Pettit, Seward, smith, Sumner, Toucey, and Wright-14.

NAYS-Messrs. Adams, Atherton, Dodge of Wisconsin, Everett, Fitzpatrick, Gwin, Hunter, Mason, Phelps, Stuart, Thompson of Kentucky, Walker, and Weller-13. So the motion was agreed to, And the Senate adjourned.

SATURDAY, March 26, 1853.

Prayer by the Chaplain, Rev. C. M. BUTLER. Mr. THOMSON, of New Jersey, who has been absent a few days in consequence of a domestic affliction, resumed his seat this morning.

32D CONG..... 3D SESS.

objection; but this is an alleged official delinquency. It is an imputation of crime; and independently of all other objections which have been stated, which would seem to me to be strong, and as far as I see unanswerable, it strikes me that this ought to be sufficient to prevent the Senate proceeding in either of the modes suggested, because when you undertake to examine a charge affecting the honor, and the personal and official character of an individual, that inquiry ought to be directed in such a manner that you can enforce the examination of all who ought to speak, and their answer to all the questions necessary to put to them. If there is no power in a committee of the Senate sitting during the recess, I take it to be perfectly clear that it cannot be devolved upon an individual. If there were no law to that effect we could never confer the power upon our committees to administer oaths. It has been done by law, but the law which authorized the chairman of a select committee or standing committee to administer an oath does not authorize either him or the committee to compel the attendance of witnesses or to punish them for their refusal to attend. Therefore, I suppose the committee would be entirely powerless to perform anything.

Mr. SEBASTIAN. I think, from the discussion which has taken place, that it would be utterly impossible to come to any accommodation which would suit the Senate. I must confess I have been somewhat surprised at the special considerations introduced upon this question, and at the objections which have been raised to it. Now, if the Senate will, by unanimous consent, let the resolution lie upon the table, I have consulted with the Committee on Indian Affairs, and we have come to the determination to submit another proposition to the Senate.

Mr. BRODHEAD. Before the request of my friend from Arkansas is complied with, I would like to know what is proposed to be substituted? If he is prepared now with his substitute, let it be offered before the subject passes from us.

Mr. WALKER. I am satisfied from the character of the discussion into which we have been led, that there is some cause or other on the part of gentlemen for an aversion to this investigation. I know they have said that they have no objection to the investigation; but they think that the Senate is not the proper tribunal to investigate it, notwithstanding that the Senate is the party to which the matter has been referred, and now has it under consideration. I am satisfied that from some cause or other, there is an indisposition to investigate this matter. I therefore hope that the suggestion of the chairman of the Committee on Indian Affairs will be agreed to, that the resolution will be ordered to lie on the table; and I then hope that he will follow it by a motion which will doubtless be gratifying to the Senate, that the committee be discharged from the further consideration of the subject, so that gentlemen will have the satisfaction of witnessing that going on to a greater extent, which is now going on; which is-and letters in the city prove the fact-that the Indians have entered houses of private individuals and ravaged them. I can feel on this subject because I am a frontier man.

all I would as soon have it done in this case as in any other.

SENATE.

pursue in regard to this matter. The Senator from Arkansas has expressed his surprise at the Mr. BUTLER. I made a few remarks the opposition which has been made to the resolution. other day against this procedure with no aversion I am glad that the Senator from Virginia has to the investigation, but from the belief that it thought it his duty to oppose the practice which would be an unconstitutional mode of proceed- has commenced in the Senate of appointing special ing. If the Senate creates a tribunal for the inves- committees to sit during the recess. I have optigation of this matter, what can be the end of it? posed this proposition not from any special oppoWe cannot impeach. We cannot dismiss. We sition to it, but I have uniformly opposed the delmay pronounce a censure, and that is a judgment.egation of power to a single individual to be exerIf such a proceeding was to originate in the House cised during the recess. I have not believed that of Representatives, I could understand that it it was in the power of any committee to do it. I would look to a purpose, or if it was laid before have not believed that it was in the power of the the Executive, I could understand that there might Senate to confer the authority upon its committee. be some purpose in view. As to having any aver- It is, therefore, distinctly from no objection to the sion to the investigation I have none, for I know investigation, but from the belief that the power nothing about Governor Ramsay or the other per- to grant the authority did not exist, and because sons implicated; and in fact, if there has been a I think the practice which has commenced of apdelinquency, I would like the prosecution to go pointing special committees is a bad one and ought on; but for the Senate to undertake the investiga-to be discontinued, that I have opposed it. I will tion is inverting everything like the usage contem- suggest that so far as the motion to discharge the plated by the Constitution in proceeding against committee is concerned, at the expiration of the delinquents in office. The House of Represent-session the power of the committee will expire; atives ought to originate and prosecute such pro- but at the same time I have no objection to the ceedings; and if the inquiries are to go on with motion. the view to the removal of the man censured, it ought to be in the popular branch of the Government. That was my reason for opposing the resolution. I did not oppose it because of any aversion to the investigation.

Mr. SEBASTIAN. The Committee on Indian Affairs had not any agency whatever in the starting of this investigation. The motion by which the duty was conferred upon them, came from a member of the body in no way connected with that committee. They have proceeded to a certain point in the investigation, and the only reason why the resolution was proposed to the Senate, is that they have arrived at a point in the investigation further than which it is impossible go without the authority proposed, and we cannot cease the investigation without compromising the character of the Senate, and appearing to justify a disposition to avoid bringing the act of delinquency to light.

But in view of the considerations which I have heard adverted to, I will renew the motion that the resolution lie upon the table for the present, and then I will submit a motion that the Committee on Indian Affairs be discharged from the further consideration of the subject.

Mr. MALLORY. Will the Senator withdraw the motion for one moment?

Mr. SEBASTIAN. I withdraw it.

Mr. MALLORY. I made some slight opposition, the other day, to the appointment of a member of the committee to prosecute the investigation in the manner proposed. In doing that, I certainly had no opposition to the investigation proposed. I could have none, for I know nothing of the subject; and it was sufficient for me to know that the Committee on Indian Affairs believed that some frauds had been committed, and desired the investigation; but my opposition was made from the conviction that the mode proposed would not only be ineffectual but would interfere with the very object which the committee had in view. I will only refer to the fact that one of our special committees, of which the Senator from Texas [Mr. HOUSTON] was chairman, during the last session reported to the Senate that one of the witnesses in the city of Washington refused to testify; and the committee found itself without the means of enforcing his answering their questions, as suggested by the Senator from North Carolina. The committee then appealed to the Senate to enforce its authority. My opposition, therefore, was based upon the fact that the committee would go on and the time between this and the next session would be exhausted in proving that which we now know. I thought that no useful result could be accom

the motion that the resolution lie upon the table. The motion was agreed to.

Mr. SEBASTIAN. I now report back from the Committee on Indian Affairs the resolution which was referred to them in relation to the charges against Governor Ramsay, and ask to be discharged from its further consideration, in order that the Senate may take such steps as it thinks

proper.

Mr. CHASE. I wish to say a word in reference to the course which I have felt it my duty to

Mr. PHELPS. I desire to know how the Committee on Indian Affairs came to have this matter under consideration. It is not worth while to vote to discharge the committee unless the subject came before them under the authority of the Senate.

Mr. MASON. I would inquire' of the chairman of the Committee on Indian Affairs if the subject was referred to the committee at the last session? Mr. SEBASTIAN. It was.

Mr. MASON. Has it been renewed at this called session?

Mr. SEBASTIAN. It has.

The motion to discharge the committee was agreed to.

CORRESPONDENCE OF MINISTER TO BRAZIL. Mr. SEWARD submitted the following resolution; which was considered by unanimous consent, and agreed to:

Resolved, That the President of the United States be requested, if compatible with the public interest, to communicate to the Senate the correspondence between the honorable R. C. Schenck, Minister of the United States at Brazil, and the Secretary of State.

READING SECRETARY OF THE SENATE.

On motion by Mr. ADAMS, the following resolution, submitted by him yesterday, was taken up for consideration:

"Resolved, That the Secretary of the Senate be, and he is hereby, authorized and directed to appoint a reading secretary, whose duty it shall be to attend in the Senate and assist the Secretary, and to do such duties when the Senate is not in session as the Secretary may require; and he shall receive per annum, out of the contingent fund of the Senate, the same salary as the Chief Clerk of the Senate."

Mr. ADAMS. My object in calling up that resolution this morning is for the purpose of making an explanation. I am not anxious that it should be considered now. I only desire, as a matter due to the Secretary of the Senate, and the motives which induced me to offer the resolution, to explain why I did so. I understood from the Secretary that he had no regular reading clerk, and it was legitimately the business of the Chief Clerk to keep a minute of the proceedings of the Senate. The other clerk at the desk-Colonel Hickey-has duties to perform elsewhere, and his duties performed here are extra. It is necessary that there should be a reading clerk, in order to the proper organization of the desk. When I drew up the resolution it was not intended to reflect in the slightest degree, in any shape, upon our long-tried and faithful Secretary.

Mr. PETTIT. Has not the Secretary the power now to appoint the necessary clerks?

Mr. ADAMS. He has that power, I know; and the clerk whom he may appoint for the purpose indicated by the resolution, would be entitled to a compensation of $1,500 a year. The proposition which I make is to place the person to be appointed on an equality with the Chief Clerk; that was done at my own suggestion; the Secretary was not in the Chamber when I offered the resolution, or I should have consulted him about it. As the dignity of clerkships, and all other offices seems to depend very much on the amount