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ent and the mode of st be parties. No ted on the Governand party organs. orld for paying the t it has voluntarily r its own purpose. right to expect, and own character. I much of the resothe publication of hat is the object of opportunity to its - to see what is done

that the interest in

back and publish stale. I have been think, some thirty had a sedulous and the party of which not, however, agree nd from Arkansas, al, at least while it the Senate for the whole of the proise since, it has had hat it pleased; but lly for the Senate, so on both sides of ant topic of discust differ at all from out the character of party paper. We one; and I believe d has less of bitterper which we have. very highly. I do rness. There was such speeches and per to advance the It was perfectly object to that; nor tinuing it as one of ile it was receiving a column. I very the contract to that ed it as long as it Le to employ special ngs. I would not it is considered pan party. I would tional Intelligencer

itors came forward t did not pay, that under it, and when a presidential candid exercise their eir own party, and documents as conparty, I am unwillstion of my friends a proves a little too on. The editors of they gave the conay. They thought uld not go on with now and ask us to ost money on the why should it not No, sir, the object tract did not pay ation was not sufolitical injury that All the debates; and pecuniary and the The money was time of high party ey and the friends e a neutral paper. out the publication made it a neutral the effect of the es. I differ from published speeches retty carefully, and ches I did not see as a special favor ut that it made a not the case.

Special Session-Debates in the Senate.

reporting is wrong in itself. It might be greatly
improved. In my opinion, we ought to have one
official reporter whom we ought to pay more than
we now pay, to enable him to organize and keep
up one efficient corps of reporters; and then if we
desired to have the reports published in other pa-
pers, we could pay those papers for their republi-
cation from the official paper. We have now going
out to the public two sets of reports of our pro-
ceedings as official reports, which very often differ
from each other. I want the thing uniform. I
think we can have it better done by paying one
official reporter, and having one uniform report to
go out as the official record, and then we can, by
paying a smaller compensation to other papers,
have it distributed over the country as we think
proper. I think that would be the better plan to
pursue.

Mr. SEWARD. I perceive that this resolution
is misapprehended in its effect and scope. It does
not propose that the National Intelligencer shall
go back and publish the proceedings of the last
Congress, and receive compensation for it. What
it does precisely propose is this: The National In-
telligencer during the last Congress, reported what
may be called eclectic debates on its own account.
It is now proposed to pay its editors for those
eclectic debates, and no more; and in regard to
the last session to pay them for what they have
already published, and to authorize them to pub-
lish the residue of the debates of that session, not
of the last Congress. That is the point to which
I wish to direct the attention of Senators.

Mr. BORLAND. If the Senator will let the resolution be read, he will see that it refers to the last Congress.

Mr. SEWARD. Let it be read. I think the honorable Senator will see that I am right.

The resolution was read.

SENATE.

of a contract such as we have with the Union. It
proposes no contract with the publishers of the
Intelligencer; but it directs our Secretary to have
certain debates printed in that paper. Where are
they to come from? Why, sir, they are to be
collated from the Globe or the Union, and to be
republished in the Intelligencer. Now, I ask if it
would not be treating unfairly, both the Globe and
the Union, to take the reports which they have
made up and published, and transfer them to
another paper, and pay that paper precisely the
same for publishing, as we have paid the other
two papers for reporting and publishing them. Sir,
I am willing to transfer these debates to the Intelli-
gencer for the purpose of disseminating them among
the public, and placing them before the partisans
of that paper, but I am unwilling to pay precisely
the same sum which we pay to those who have
done the reporting at length. It would be unjust
to them. If we should pay the Intelligencer seven
dollars and fifty cents a column for republishing
the debates that have been written out by others,
we should increase very much the compensation
which we have paid to our other publishers. That
is my view of the matter.

Then, in relation to the payment of what has
already been published-a mere synopsis of the
proceedings of the Senate-I am not willing to say
that I would not pay something for them. I in-
cline somewhat to the opinion that I would; still
I am not quite clear in the matter. I do not know
that it extended much beyond that amount which
they desired for the character of their press, and
which was demanded from its subscribers. Still,
for the purpose of doing equal justice to the politi-
cal press on the other side, I am inclined to believe
I would favor the payment of something for them.
But taking the proposition as it stands now, it
seems to me it is too broad, and fearing that an
Mr. SEWARD. Very well. Now, then, the adverse decision now might influence the action of
question divides itself into two parts. First, in re- the Senate hereafter, I think it would be better not
gard to the last session. I think it cannot be al- to act upon it at this time, when the Senate is so
leged that there has been any political influence thin, but it should go over until the next session,
exercised in the selection of the eclectic debates when it can be presented to the Senate, fully
which were published during that session, and I matured, discussed, and acted upon by a full Sen-
see no reason why we should not be willing to ate. I think it more advisable to take that course;
pay them for those debates. There have been no and I therefore move to postpone its further con-
political debates here during the last session; noth-sideration until the first Monday in December
ing that has had any tendency whatever to operate
in a partisan point of view upon the public mind;
and if there was, the debates which have been pub-
lished have certainly been fair and equal. The
Intelligencer, if it should go on now and publish
the residue of the debates of the last session, will
give them to the public nearly as soon as they will
reach the public through the Union, which I be-
lieve is not yet through its report of the last ses-
sion, and certainly as soon as the public will be
reached by the debates in the Congressional Globe,
and sooner too. Therefore, as the Senate might
perhaps agree to this resolution, while they would
not be willing to go back, for the reasons ex-
pressed by the Senator from Arkansas, to author-
ize the publication of the eclectic debates for the
first session of the last Congress, I suggest by
way of compromise that we pay them for what
they have printed of the last session of Congress,
and authorize them to print the residue at the

same rate.

Mr. HAMLIN. I think it would be judicious

to have no action on this resolution at this session, for the reason that the Senate is very thin, and an adverse action upon it might have an effect on the Senate in its subsequent action. We now have a contract with the Union, which is a party paper, and under it, all the debates of the Senate are printed and published, and consequently spread mainly before the class of the community who are partisans corresponding with that paper. I will, with great cheerfulness, vote for any scheme which shall throw our debates before another class of the community. I would have them published in the Intelligencer and send them to another class of individuals; but I think this resolution is too broad. It covers too much ground; and the Senator who drew it did not mean precisely what the resolution purports, or if he did, I shall be compelled to disagree with him in the result to which I arrive. What is the resolution? In the first place, it proposes to authorize the Secretary of the Senate to procure certain debates to be printed in present system of the National Intelligencer. It is not in the nature

next.

Mr. BORLAND. The remark which the Sen-
ator from Maine has made as to the compensation
to be paid, is very forcible. We know that the
Union and Globe have to pay for their reporting
four dollars and fifty cents a column, leaving but
three dollars for the publication of the debates.
Now, the proposition is to give the Intelligencer
as much for the mere publication, as we give them
for the reporting and publication.

Mr. SHIELDS. Does the Senator object to
the postponement of the resolution?
Mr. SEWARD. We all agree to the postpone-

ment.

Mr. BORLAND. Very well; though I think it would be better to reject it.

The motion to postpone was agreed to.

EXECUTIVE SESSION.

On the motion of Mr. MASON, the Senate proceeded to the consideration of Executive business;

and after a short time the doors were reopened.

PAPERS WITHDRAWN.

On motion by Mr. GWIN, it was

Ordered, That leave be granted to withdraw the three
several drafts now on the files of the Senate drawn in favor
of Thomas W. Lane by G. W. Barbour, Indian agent in
California, upon R. McKee, disbursing agent.

REPORT OF COMMITTEE ON FRAUDS.
Mr. HOUSTON moved that ten thousand addi-
tional copies of the report of the Committee on
Frauds be printed for the use of Senate.
The motion was referred to the Committee on
Printing.

Mr. BORLAND subsequently reported in favor
of printing the same.
The PRESIDENT. The report can be con-
sidered now only by unanimous consent.

Mr. BORLAND. I will suggest to the Chair
that the rule under which the Committee on Print-
ing acts, requires it to report at least the day after
the subject is referred to it, and it has been cus-
tomary very often to report such resolutions back
on the same day.

32D CONG

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O SESS.

n a member of the Commitas not aware that any action e matter by the commmit

I did not consult the Senathe reason why I did not. has not attended the meet, but has left the business is concerned, entirely to the [Mr. HAMLIN] and myself. Scourtesy to the Senator, but ot give any attention to the supposed he did not care to proceedings.

ave no fault to find with the e committee. The Senator mistaken when he says that any of the meetings of the to considering the report at

I have not had the pleasure or at any of the meetings of this session.

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ecretary of the Interior be, and he urnish the Senate with a report of les ofthe Department of the InteOffice Building in 1851, under the ioner of Public Buildings." LD'S CHARTS.

ne days ago the Senate oropies of Captain Ringgold's sed by the Secretary of the navigators on the coast of cretary now desires to know ute them, I therefore submit ion:

tain Ringgold's charts of the coast ordered to be purchased, five hune Secretary of the Navy, and five of San Francisco, for distribution. I suppose that is as good a as any that can be adopted, e that we have ever resorted

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Special Session-Ringgold's Charts.

SENATE.

Mr. HUNTER. The provision was in the navigator with one when he enters the port. Havbill as it came from the House.

Mr. BRIGHT. Whoever introduced it the intention was as I have stated. However, I have no disposition to interfere unnecessarily with this resolution. I opposed the resolution directing the purchase of the charts, at least I voted against it under the impression that if we had a general law of that kind it was wrong by a simple resolution to repeal or evade it. I think the passage of that resolution was an evasion of the law.

Mr. BAYARD called for the yeas and nays on the resolution and they were ordered.

Mr. MASON. I understand the object of the resolution is to direct the Secretary of the Senate to send five hundred copies of the charts for which the Senate has subscribed to the Secretary of the Treasury, and five hundred to the Collector at San Francisco for distribution in California, for the use of navigators. I was opposed to the resolution directing the purchase for the reason as has been well said that I did not think it was a legitimate use of the contingent fund of the Senate to purchase books for the use of navigators.

Mr. GWIN. I cannot imagine why the yeas and nays have been called for on such a resolution as this. The charts are very important publications and the Senate has twice after full discussion ordered the purchase of some of them. The resolution which we have now before us is merely a matter of form. It is asked for by the Secretary of the Senate in order that he may know how to distribute what have been deliberately ordered by the Senate. As to the charge of indirection in evading the law, I insist that the original resolution was nothing of the kind. It did not propose to purchase a "book." It was merely a chart of a very important portion of the coast of the United States, and one which was drawn up with great care and accuracy. The Legislature of California has instructed its Senators unanimously to ask for its republication. The resolution ordering the purchase has been agreed to; and the proposition now is to determine how they are to be distributed. I do not know that it is a matter of any great importance, but certainly I am ready to meet any issue which may be presented as to the responsibility of evading the law for the purpose of purchasing and distributing the charts.

Mr. PETTIT. When the original resolution was introduced there seemed to be some difficulty in the minds of Senators in reference to the power of the Senate, in consequence of the law which has been spoken of, to order the purchase of the charts. Whatever construction other Senators may have put upon the law, I did not think that the charts came within the term "books." But there seemed to be a great desire in the Senate-I could not mistake that-that the maps should be published for the benefit of navigators on the Pacific coast, and therefore, to obviate the difficulty, I suggested to the Senator from California to make the resolution read so upon its face. It was evident that the design of the resolution was to benefit the navigators. If the maps, charts, or whatever you choose to call them, had been purchased they would have been distributed, as near as could be by Senators, to those who were going to the Pacific coast. I know what the result would have been. As soon as the resolution was passed boys would have been round our desks asking that Senators not living in that direction should transfer their proportion of them to the Senators from California-a thing which I, located as I am in the interior, should readily have done. The design was to distribute them to navigators on that coast, and I thought we might as well say so at once. therefore suggested to the Senator from California the modification, and he accepted it.

I

Now we have ordered the purchase. I am perfectly willing to vote to rescind the resolution ordering the purchase, if it is not necessary or proper to purchase the charts; but having made the order, unless we adopt this resolution or some other, the charts will lie here and become musty in the office of the Secretary. It seems to me, therefore, that some such resolution should be adopted. If five hundred are deposited with the Secretary of the Treasury or of the Navy, he will undoubtedly

ing ordered the purchase of the maps, I do not see that there is any more proper way to dispose of them, inasmuch as Senators have not the power to distribute them. I would vote to reconsider the resolution which we have already adopted, and retrace our steps, if the Senate should be so disposed; otherwise I shall vote for the distribution.

Mr. BAYARD. I object to the resolution, because I cannot see upon what authority the contingent fund of the Senate of the United States is to be charged with the disbursement of moneys to be distributed among the collectors of the United States. You are setting a precedent now for which you can find no anterior one. You are setting a precedent which will necessarily lead to applications of a similar character from other parts of the Union. There is no reason why you should adopt such a resolution in favor of the mariners of one portion of the Union and not of the other, and if you are to pay for charts of the coast of California out of the contingent fund of the Senate, which have not been ordered by Congress, and distribute them through the medium of the collector of San Francisco, you must expect of course to distribute charts of other portions of our coast through other collectors. That is what this will lead to, and I would rather let the charts lie here and rot than sanction such a precedent.

Mr. STUART. I desire to say a few words on this subject, in order that there may be no misconstruction of the vote which I gave on the former resolution, and the one which I intend to give on this. I disagreed with many Senators upon the construction of the provision in the deficiency bill to which reference has been made. It was introduced into the House of Representatives by a gentleman from North Carolina for the object, and the sole object of preventing the annual distribution of books to members of Congress to constitute a library for themselves. The law is not properly susceptible of any other construction. It does not prohibit, in my judgment, either House of Congress from publishing a document for the purpose of distribution in the country through the medium of its members. That was the view I took of it when it was passed, and it is the view I take of it now. I wish, therefore, only to say that in supporting this resolution, I shall do it for the purpose of providing for the distribution of the charts without taxing the members of the Senate with the duty, and that it shall appear that I had no idea of evading the law in voting for the resolution the other day. I did not think the original resolution infringed the law at all, and hence had no difficulty in voting for it, and shall have no difficulty in voting for the resolution providing for the distribution of the charts.

Mr. CHASE. The law to which the Senator has referred, is in these words:

"Hereafter no books shall be distributed to members of

Congress, except such as are ordered to be printed as public documents by the Congress of which they are members."

No books shall be distributed unless they have been ordered as public documents. The word "books," as every lawyer knows, comprehends charts. If a court were called upon to put a legal interpretation upon this law, charts would most unquestionably be included. The question then resolves itself into this: has this work been ordered to be printed as a public document? It is known that it has never been so ordered. As I understand it, it has been printed at the private expense of the able and ingenious gentleman who compiled it. Heretofore, and before the passage of this law, the Senate ordered the purchase of a certain number of copies of the work. They were purchased, and distributed to Senators in the usual mode, and I think most of them took the direction suggested by the Senator from Indiana, [Mr. PETTIT.] It was the direction very cheerfully given to mine.

I said, when this question was originally before us, that I might have no objection to voting for the resolution under the peculiar circumstances of the navigation of the Pacific coast, if the law did not stand directly in the way. I do not think that we can construe laws by the reported opinions and views of gentlemen who speak upon them. We must look at the recorded language of the

سلم

o me to be a violaordering the purct of the law was tting the language bution to members ems to me, rather etter, because it reacter of an attempt unding it upon an regard to its conen myself and the TUART.] For these riginal resolution, tall resolutions in

Special Session-Ringgold's Charts.

books shall be distributed to members of Con-
gress, and therefore, whether we call these charts

books" or not, the law does not apply to them.
I think, however, that the Senator from Califor-
nia had better modify his resolution so as to di-
rect that all the copies shall be turned over to the
Secretary of the Treasury to be by him distrib-
uted. He, as a matter of course, is better informed
of the wants of navigators than the collector.

Mr. GWIN. I will modify my resolution ac-
cordingly.

The PRESIDENT. There is an amendment
pending offered by the Senator from Florida.
Mr. MALLORY. I withdraw it.

Mr. BAYARD. I supposed that if you are to
make any order upon the subject, the Secretary
of the Treasury will probably be the officer most
likely to distribute them according to your inten-
tion; but my objection lies deeper than that.
You are setting a precedent to the effect that out
of the contingent fund of the Senate of the United
States, you will order books to be paid for, for
distribution by the Executive officers of the Gov-
ernment. Where is your authority for that.

Mr. SHIELDS. I agree with the Senator that this is not a contingency that ought to be paid out of our contingent fund, but I understand that the maps are already engraved, the contract is made for them; and all that is necessary is to know how to distribute them.

SENATE.

next session, or whether we shall put them in the
hands of the Secretary of the Treasury for distri-
bution among the navigators on the coast? That
is the sole object of the resolution.

Mr. BAYARD. Precisely; and if I put the
value of the charts against what I was going to
say is an atrocity in principle, I might vote for
the resolution. You can find no precedent for or-
dering books to be paid out of the contingent fund
of the Senate for distribution in this mode. Show
me the precedent, if any such exists. It seems to
me the abuse is palpable. Answer me if you can,
in consistence with the vote which you gave on
the report of the Committee on Contingent Ex-
penses, in reference to Mr. Andrew's report.
Why did you refuse to pay the expenses in that
case? Because it was not prudent for you to
make such expenditures out of your contingent
fund. If it was not proper in that case, on what
principle do you make it proper here? If you
have purchased the books improperly, let them
lie until the next meeting of Congress without
being distributed.

Mr. RUSK. The argument of the honorable Senator from Delaware would have been good against the passage of the resolution in the first instance; but I do not think by refusing to distribute the charts in their proper channels, that we should advance a single step the principle for which he seems to contend. I am not certain of the propriety of passing the original resolution, but when he says it is an atrocious principle, and one for which there is no precedent, I will merely say that if he had taken the trouble to look he would have found that there is nothing but precedents for it. The House of Representatives has paid out of its contingent fund large amounts for books to be distributed among its members, and the Senate has done the same thing.

Mr. BAYARD. For distribution to members, but not to executive officers. You are extending the principle.

Mr. BORLAND. Nothing is more common in making an order by either House to purchase books out of its contingent fund, than to give a portion of them to an executive department for distribution.

to me that the Sen-
resent proposition
He opposed the
cause he thought it
Ich forbids the dis-
s, charts, or what-
of Congress. Now,
adopted, and the
for the purchase of
made to distribute
s of Congress, but
rtain officers of the
pposes that. What
proposition shows
re, that there was
m to members of Mr. BAYARD. I understand that, but I con-
ntention to violate sider the principle more important than the mere
ds simply a distri- question whether the books are to be paid for by
s to prevent them a few thousand dollars or not. I will never
It was not intended sanction an order of this kind for the distribution
h works for public of books purchased under such circumstances, by
s now to put the money taken out of the contingent fund of the
oper Department of Senate, when Congress has not made an appro-
mavigators, the pur- priation for the object. What did you decide
ed to be purchased. yesterday in reference to the valuable report of
rom Ohio has read Mr. Andrews? You decided almost unanimously
l see, says nothing that you had no authority to pay for it out of your
rposes. It simply contingent fund. Whence, then, comes your au-
abers of Congress.thority to purchase books for distribution, not by
ng in contravention Senators, but by the Secretary of the Treasury,
spirit. The reso- or any other Executive officer? It is an evasion
other day was to of the law. You must judge of the intent of all
nterests of naviga- laws by the language used by the legislators who Mr. RUSK. Precisely. To remedy the evil,
dicate to the Secre- passed them; and if you take the language of this and to avoid the precedents set by both Houses,
ition he shall make law, whatever may have been the private inten- of paying out of the contingent fund for books to
ution and thus we tions of the members, there can be no question be distributed among their members, we passed a
ent. As they are that it prevents the distribution of all books among law. What is it? That neither House of Con-
me mode of dispos- members of Congress, except such as are printed gress shall distribute amongst its members any
ts out to him what as public documents. In consequence of that, books except documents printed by order of both
mode of distribu- you did not pass the resolution in the shape in Houses. This is not a book of that description.
disposition of offi- which it was originally introduced providing for It is not proposed to be distributed amongst mem-
not of members of the purchase of the books out of the contingent bers of Congress, and therefore it is no violation
ear the law and in fund of the Senate for the use of Senators. You of the law. The honorable Senator from Michi-
pirit and intention. seek now not only to evade the intent of the law gan was perfectly correct in what he said. The
er for the purchase which is to prevent such an abuse of the contin- evil intended to be remedied by the law was the
made. That I con- gent fund of the Senate, but to introduce the pre- distribution of books among members of Congress.
the only question cedent that the contingent fund of the Senate is to This is, therefore, not a violation of the law. At
n. I suppose the be used for the purpose of purchasing books, I the same time, however, I have no doubt that it
Cake that direction care not what they are or what they are not, to would have been altogether better if we had not
amount of benefit be distributed by executive officers.
undertaken to act separately, and paid for the pur-
California I sup-
proper mode of proceeding? Ought not legisla-chase out of our contingent fund. But that is gone
rested, but there is tion to be requisite for such a purpose? If so the
aving any shipping proper course is this: If you have unadvisedly
- more to the ports chosen to pass a resolution for the purchase of
-om California had
books, the question whether they are to lie for a
on, I would suggest few months among our other documents is of very
s should be sent to little importance compared with the establishment
t they ought to be of such a precedent as this. Let them remain
oard for navigators under your former order if they have been pur-
is to enable them chased, or the engravings have been ordered, or
that the charts are any contracts made, and do what is right in prin-
Senator from Cal- ciple. At the next session of Congress seek to
ndred to the Secre- pass a law authorizing action of this kind, and
t is unheard of for see whether on discussion the Congress of the
to distribute charts. United States will agree to depute to collectors
under an act of and officers of that class the distribution of books
e chief of the Coast purchased by means of the contingent fund of
to the Chambers either House.
mercial institutions
distribute them so
ant of benefit upon
it is in order I will
of the Treasury"
Survey.'
ulty in the way of
The law referred
that hereafter no

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Mr. BORLAND. I will call the attention of the Senator from Delaware to this fact: the resolution ordering the purchase of the charts expressly provides that they shall be for the use of navigators on the Pacific coast. We have ordered their purchase. I presume the contract for them has already been made. They are perhaps ready to be delivered, and the only question is, whether we shall let them lie here in some lumber room to the

by. We have made the order, and the question
is shall we turn round, and make the error three
or four times worse by piling the document up
here to the inconvenience of the Secretary of the
Senate, and the damage of the navigating interest.

Mr. BAYARD. I presume the reason why
there is no express restriction in the law as to the
mode of distribution is, that it never entered into
the imagination of Congress that such an attempt
would be made. It had been the custom to pur-
chase books by means of the contingent fund of
either House of Congress and distribute them
through the medium of its members. The law
chose to restrict that in express terms. It did not
go further, and restrict the abuse which was never
contemplated, of purchasing books by means of the
contingent fund, for distribution by the Executive
authorities. Not supposing that such an author-
ity would be assumed, it imposed no such restric-
tion; therefore, my answer to the honorable Sen-
ator is, since you have passed such a resolution
ordering the purchase of these documents, I am
for letting them lie here in the hands of the Secre-
tary of the Senate until he has the warrant of
law for their distribution. I will not sanction one
wrong resolution by voting for another.

32D CONG

The PRESH modified to read Ordered, That th the coast of Califo be delivered to the tion to the Navy

coast.

The yeas and of the order, an 17; as follows: YEAS-Messrs. in, Dodge of Iow Houston, Jones of Seward, Shields, Wright-21. NAYS-Messrs. Butler, Chase, Cla Norris, Pearce, S and Toucey-17.

EX

A message w the United State Secretary, and Senate proceed tive business. reopened.

VOT

Mr. HOUST lution:

Resolved, That hereby is, authoriz Johnson, the inve Chamber of his ne Procided, The ent the sum of $1,500 the Senate.

COMM Mr. HAMLI lution:

Resolved, That t five thousand addit tary of State relati foreign nations.

I ask the cons time. I will sta A SENATOR. Committee on Mr. HAML committee. I

tary of State [ last long sessio was that durin

I submitted a Department t formation as named in the

submitted to t

ume of about valuable work tions of foreign nation. As th little, and as th

of the Commi submitted it, I The resoluti consent,

and

ag OPEN

Mr. CHASE

to the consider mitted yesterda The motion

as follows:

"Resolved, Tha Senate shall be pu municated in cont

and considered, a resolution from ti much of the 38th, ent with this reso Mr. CHAS stands the obj permission of

terms as to m session of Co

a very few re

It changes t present rule re

doors of treat

dential comm proposed am and all proce and public, e President or

to be proper posed chang

D SESS.

The resolution has been llows:

es of Captain Ringgold's charts of eretofore ordered to be purchased ary of the Treasury for distribummercial marine navigating that

=were taken on the adoption as agreed to-yeas 21, nays

nd, Brodhead, Dodge of Wiscon

erett, Fitzpatrick, Foot, Gwin, Mallory, Pettit, Rusk, Sebastian, , Stuart, Walker, Weller, and

ison, Atherton, Bayard, Bright, Douglas, Evans, Hunter, Mason,

Special Session-Open Executive Sessions.

rule of secrecy in respect to several classes of subjects the general rule of publicity, with such exceptions as particular exigencies shall from time to time require.

As the rules now stand all treaties are considered in secret session, and so are all nominations, and all communications marked confidential. Should the rules be altered as proposed by the resolution I have had the honor to submit, the injunction of secrecy will be confined to such treaties as may be specially communicated in confidence by the Executive and to such nominations as the Senate in the exercise of a sound discretion may deem it necessary, from considerations affecting private character or the public service, to

Sumner, Thompson of Kentucky, discuss in privacy.

IVE BUSINESS.

ceived from the President of SIDNEY WEBSTER, Esq., his notion of Mr. GWIN, the the consideration of Execur some time the doors were

BY MACHINERY. submitted the following reso

ecretary of the Senate be, and he nd directed to contract with Henry for the construction in the Senate ode of taking the yeas and nays: ost of construction shall not exceed paid out of the contingent fund of

IAL REGULATIONS.

I submit the following reso

be printed for the use of the Senate 1 copies of the report of the Secre> the commercial regulations with

ation of that resolution at this ery briefly what it is. as it been reported from the ting?

It has the approbation of that in interview with a late SecreWebster] on this subject at the Congress, the result of which t session, on the 19th of July,

ution calling upon the State nish the Senate with such inuld, relating to the subjects lution. The report has been nate. It will form a little volhundred pages. It is a very wing, as it does, the regulamerce of almost every foreign Dense of printing it will be very solution meets the approbation on Printing to which I have t the Senate will adopt it. vas considered by unanimous I to.

ECUTIVE SESSIONS.

I move that the Senate proceed I of the resolution which I subregard to Executive sessions. agreed to. The resolution is

> sessions and all proceedings of the and open, except when matters comce by the President, shall be received n such other cases as the Senate by > time shall specially order; and so and 40th rules as may be inconsistn is hereby rescinded."

I suppose every Senator underof this resolution. With the Senate I will so far modify its it take effect after the present Is and submit it to a vote with

8.

kisting rule to this extent: The es the consideration with closed nd nominations, and all confiations of the President. The ent requires that all sessions gs of the Senate shall be open in such special cases as the te from time to time shall decide ecret consideration. The pro

Ha haienes co

There is a large class of treaties legislative in their character, and including very important public considerations, which ought to be publicly debated. There is no reason why they should be considered in secret session. On the contrary, in respect to treaties of this character it is quite desirable that the public should be informed, and fully informed as to their provisions and as to the debates and votes here upon them. So also many, and indeed almost all, nominations are confirmed or rejected upon principles of public or party policy, without reference to private character. I see no reason why debates and votes upon these should not be public. Whenever any questions involving moral character are raised, it will be in the power of any committee or any member to move that the doors be closed.

There can then be no objection to the adoption of the resolution upon either of the grounds generally relied on by the advocates of secret sessions. Those grounds are, first, that secrecy is frequently necessary to the success of important negotiations with foreign countries, and that this secrecy would be impossible if the treaties should be debated and voted upon in public. There may be some force in this, but the objection does not touch the proposed amendment. The President has charge of foreign negotiations and is the best judge of the occasions on which secrecy is required, and whatever he thinks proper to communicate in confidence will still be treated as confidential, if the rule which I propose should be adopted.

The second ground of objection is that private character should not be made the subject of public debate. I will not say that this objection would not deserve consideration if the proposed rule imperatively required the public consideration of all nominations without exception. But it does not. It expressly excepts from its operation those special cases in which the Senate by resolution may enjoin secrecy. Such orders will be made when the nature of particular cases make such orders necessary or proper. In all other cases where the action of the Senate is determined by general or purely political considerations, the people have a right to know the character of our discussions and the reasons of our votes. Our institutions are based upon the principle of publicity and responsibility-secret sessions are exceptions to these general principles; these exceptions should be confined within the narrowest practicable limits, and reduced to the smallest possible number.

Mr. HUNTER. .It seems to me that this proposes a very important change in our rules, and one which I fear would be very mischievous. As it now stands, the general rule is that when Executive communications are made in reference to treaties and nominations, our deliberations are to be in secret, unless we choose to order otherwise. If we do make the deliberations public, that is the exception. This proposes to reverse the rule, and require that all discussions shall be public unless the President or we, on account of special considerations, choose to make them secret. The result will be that we shall have no more secret sessions in relation to these matters. It involves a total change of the rule. It will lead to that result, because if, upon the question of a nomination, the Senate chooses to say that its consideration shall be secret, immediately it will be proclaimed to the world that the man has been accused, and he will desire to know of what he has been accused, and how he can defend himself.

So, too, in relation to treaties. If, contrary to the general rule, which this proposes, to consider

SENATE.

upon a treaty, it would be supposed that there was something especially delicate in our foreign relations. From this, considerations might be derived affecting the supposed probability of peace or war, and also the credit, and it may be the stocks, of the country, and in order to prevent suspicion, we should be forced to go into open session, and consider in public what ought to be considered in private.

I do not believe that any sensible amount of mischief has arisen from the fact that our deliberations upon nominations and treaties have been secret. I believe we have deliberated with quite as much regard for public interest under the seal of secrecy, when we were really advising and consulting the President in regard to its matters, as we should have done if we had thrown open the doors and subjected our debates and our votes to popular scrutiny. I believe it is far safer to adhere to the rule than to make the change which is now proposed.

Mr. BORLAND. I am sorry to differ from my friend from Virginia in supposing that any detriment can come to the public interest of this country by subjecting anything and everything to public scrutiny. I cannot conceive the case of a treaty or anything else in which injury could come to the public interest by opening them to full inspection.

Mr. HUNTER. Does the Senator think it would be better to expose the deliberations of the President and Cabinet council to public scrutiny?

Mr. BORLAND. I should have no objection to it so far as they could be made public. I do not believe, as an American citizen and an American Senator, that any public officer of the Government has the right to utter sentiments affecting the public interest, which are not properly before the public for the inspection of every man in it. That is the ground on which I stand; and I stand upon it, because I believe the popular intelligence is sufficient to discuss wisely and properly every question that may come before the country. As to a man's private affairs, he may do as he pleases. The public have nothing to do with them, so far as they relate to him and his family; but so far as relates to the public interests of society, and the public interests of this country, whether on our own soil, or as they will stand in relation to foreign countries, I believe no man has a right to express a sentiment, or do any act which every man in this country, who has the rights and responsibilities of a citizen, who is to bear the burden of the Government, and whose interest is to be affected by its action, has not a right to know. That is my view of the relations between the public officers of this Government, whether legislative, executive, or judicial, and the people. I cannot conceive that this Government can properly be administered upon any other ground, unless we deny to the people the requisite amount of intelligence, patriotism, and honesty to give a fair consideration to all questions, and dispose of them as the interests of the country require.

These are the general considerations on which I stand in relation to this matter. Gentlemen seem to think that there is something sacred in a man's private character. I admit that there is, yet when he comes forward as an applicant or candidate for public favor, there is nothing that the public has not a right, and ought not to be permitted to know. Sir, is there anything more sacred in the character of an individual who comes before the Senate, nominated by the President for an office under this Government, than there is in the character of an individual who goes before a State Legislature for a seat on this floor, or before the people for a seat in the other House of Congress, or for a place in n State Legislature, or for a governor, judge, or anything to which the people are electable? 1 conceive not; and whoever supposes at home or anywhere but here, when a man becomes a candidate for office that his character is so sacred that we cannot talk about it in public? What do our newspaper presses do with every man's character who places himself before the public as a candidate for office? They examine him in every particular. They hold him up to the gaze of the public. If he has faults, they make them known; and they ought to be made known. Why then should the character of a man who wants to be a

- to whose appointbe more sacred? now his character. he office. If it be

know it; and their ve no right to conof a character with d.

Special Session-Open Executive Sessions.

SENATE.

sents itself to my mind-that suggested by the countries, we should have much less cause of
Senator from Virginia [Mr. HUNTER] in regard to trouble. I know these may be considered ultra
the subject of nominations. If it is to be under- Democratic, and radical notions. Very well, I
stood that all nominations are to be public, unless am content to entertain them, and leave to those
when particular nominations are designated as the gentlemen who believe there is something sacred
subject of private consideration, every time we in the character of our Government, some rights
consider a nomination in private it will involve us peculiar to it, separate and apart from the people,
in difficulty. I have had occasion to oppose nom- to entertain the opposite opinion; but until I can
inations for my own State, even those sent in by believe that the people are not sufficiently intelli-
a Whig Administration, and to give my reasons gent or virtuous to be intrusted with their own
for so doing; and I have had occasion to say here affairs, and that the representative shall not be
that appointments made even by my own political held directly and strictly responsible for every-
friends were of a very objectionable character. thing he does, and everything he says in relation
Nominations of this kind come before us, and Sen- to the public interest, I shall be opposed to any-
ators feeling a delicacy on the subject would not thing like secrecy in our proceedings. If our pro-
feel at liberty to speak with perfect freedom in ceedings are right we have no cause to fear their
public of the character of a man who may be up being submitted to the people. If we are not con-
for an office, and whom we should think incompe-scious that they are right, if they are of a doubt-
tent for the office, and if one were to move to make
the matter one for the private consideration of the
Senate, the motion itself would indicate what was
to follow. Under these circumstances, of all things
on earth the nominations for offices submitted to
the consideration of the Senate should be treated
as confidential, as we would treat them in our per-
sonal intercourse. I trust, therefore, the practice
of the Senate will not be departed from. I know
the subject has been agitated and discussed, but
the result of the discussion has always been that
the Senate has adhered to its preceding practice;
and I think if the contrary method obtained the
experience of the Senate would, in a few months,
show them the necessity for changing it back to
the old one.

- I may be behind robable that I am; stance when it is be acted upon in all our discussions = Senate had been at liberty to comery many treaties land would never elieve the treaty of ton-Bulwer treaty any rate we should terminable discusession, consuming how much money, en laid before the 8 could have taken nd the people could ve there are many es, who would be vote "no" upon nischief has been having secret disbe avoided if the orters of the public selves to come in, the floor, and then themselves every experience in this made to change on to our mode of d to my gratificahas been successhow that from the wn to the present s has governed it. rganization of the pinions of all who t of the rule as it a certain descriphould we abolish age of the Senate it upon ourselves racter of the Senings of those who ical change of this ily. It ought not the sense of a full

e Senator permit 7 question? Five y, and it has been session since.

Mr. BORLAND. I am not at all surprised to hear the sentiments expressed by the Senator from Vermont, for I would say with all respect to him that they are appropriate to the political party to which he belongs, and to so able a representative of it as he is upon this floor. It is perfectly natural for gentlemen of his political school to suppose that this Government (for I understand that to be one of the fundamental principles of his party) is something separate and apart from the peopleabove them-and having rights which the people have not. I was a little surprised, though, to hear the Senator from Virginia, [Mr. HUNTER,] because he belongs to another political school which does hold to responsibility on the part of the representative to the constituents. But, sir, the Senator from Vermont I think is perfectly consistent. He is acting upon and carrying out the great principle upon which his party has acted in all its policy from the beginning of the Government down. The idea that the Government is a thing separate and apart from the people, and looks down upon them as altogether without intelligence and disqualified for considering and determining on matters relative to their interest, is drawn from Governments on the other side of the Atlantic; but under this Government, which is based upon the very idea of the intelligence of the people, their competency for self-government, their sufficiency in point of public virtue and intelligence to understand and discharge wisely and properly all questions relating to their interests, it seems to me that such a doctrine is altogether out of place.

what I remarked been made from ent rule, and they There are most ig secret sessions. negotiations with d with success, if the treaty-making 1 upon subject to Are we to gain macy to the world of the world is to ves? It seems to ften compelled, in upon considera1 not bear to meet ince suggested by ce with Mexico. g a period of great ed upon to act on ing from the war I was very high, it to be guided by citement, but by the subject, trust1, when the public ourselves before not have done in

ration which pre

ful policy or positively wrong, we should not
engage in them. Sir, I want my constituents to
know not only what I do in regard to their inter-
ests, but what I think. I would entertain no
opinion and express none, and give no vote that
I would not desire them to know, and the reasons
which govern me in giving it.

Mr. PHELPS. Mr. President, I am extremely
gratified with the position which the honorable
Senator has taken. Although I have been for
some years a member of this body, I have never
considered myself as the particular exponent of
the principles and views of any party. If the
Senator attributes to my party sentiments which
the honorable Senator from Virginia has just ad-
vanced, and if I am the exponent of Whig princi-
ples and practices, unfortunately the distinguished
Senator from Virginia is in the same category.
Now, sir, I might retort upon the Senator, and
ask him if the Senator from Virginia is an expo-
nent of Whig principles? In the few remarks
which I made, I alluded to the practice of the Sen-
ate from its origin to the present day, during which
it has been sustained by all who have gone before
us, and certainly they were not all Whigs.

But, sir, there is another consideration here. Is not the Senator aware that this practice has prevailed during a period of some sixty or seventy years, and when the majority in the Senate has consisted of his party? Has it not been so during most of our experience here? And if this rule be one consisting of Whig principles and Whig notions, how happens it that the Senator and his political friends have not abrogated it? Sir, if this is a Whig doctrine it comes with not a very good grace from a gentleman associated with the majority of this body, to retort upon us.

I do not know that anything fell from me in the remarks which I submitted, which would indicate that I had any party view in the expression of them. I spoke of the propriety of the thing. Now, I put it to the Senator from Arkansas himself, if a nomination were made from his own State, which was unpalatable to himself, would he be willing to express his views fully in public upon it? I am perhaps not a man of as much firmness as he is, but I do not think that I would.

And

here let me remark that this rule of the Senate has
been made for its own protection, and it ought
not to be submitted to the discretion of the Presi-
dent. It is not for the Executive to determine
whether our proceedings shall be in secret or in
public. It pertains to the dignity of the body to

With regard to treaties, it seems to me that
sscret negotiations are very proper to European
countries, where the Governments do not look to
the interests of the people, but only to the interest
of the particular dynasty that happens to be reign-regulate that. If a nomination is made, and the
ing at the time, and where the diplomacy and
negotiations consist in a sort of family arrange-
ment for the benefit of the governors, and not of
the governed, leading to many things with which
we do not have anything to do in our treaties,
such as their contracts for marriage for the pur-
pose of sustaining such a dynasty on a particular
throne, for the elevation of one and putting down
of another, and to carry out some combination
among the nations. We stand apart from all such
considerations as those. We have no connection
with them. We have no such connection with

other Governments. We deny the right of other
governments to interfere in our affairs, and we
disclaim the right on our part to interfere with
theirs. It has seemed to me from the limited view
I have been able to take of the subject, that our
system of diplomacy has been one of humbuggery
and deceit, and that if we had a little plain sailing
and open dealing in our relations with foreign

President consults us in relation to the propriety
of that nomination, the very proposition is confi-
dential in its character. Suppose the chairman of
a committee to whom a nomination is referred in
this body appeals to me and says, "Sir, here is a
nomination for your own State; you know the
man; what do you say of him?" I may reply
that he is a very good citizen, but that in my hum-
ble opinion he has not the integrity which entitles
him to that office. Would any chairman of a
committee in this body feel himself at liberty to
come and report to the Senate that I had expressed
doubts of his integrity? Would any member of a
committee who consulted a Senator from the State,
feel at liberty to disclose a communication which
was asked for as confidential? Now, sir, if there
would be no propriety in that, if there would be
no propriety in disclosing it to an assembly of this

character, is there any propriety in calling in the
whole country as witnesses to what I would say

32D CONG

in respect to the
sider that all th
But there are co
connected with
tween us and t
very nature con
ed, and would
course of all ho
I am not disp
but, sir, I must
may be the view
trust that I shall
public life with a
baving been the
remarks which
question in its p
question the mat
the remarks wh
to what was the
propriety of tha
Mr. BUTLE
this subject ha
the Senate sinc
recollect that s
orable Senator
a resolution of
the discussion
old and respect
Senate, Mr. Ca
ster, took the s
Republic, and w
upon the securit
ate being a conf
to advise the Pr
to see it departe
mocracy. If the
was an undisgu
haps the gentlen
lution of this kin
the arena for th
was done in Ath
people directly b
eracy of organiz
constitution-a
I feel bound, as
In private lif
to consider, w
dential consult
upon the same
Mr. BORLA
Mr. BUTL
properly. I ar
is much more v
ordeal of time
been quaintly
are made by a
and the many
it is not an uny
should be ma
guard us again
occasions migh

In regard to nations were to

erate upon their

their treaties, in they would mal

enable us to tak service to us. would not with system of polic telligence. Sir,

known in any said that this is model republic, ance, and that a precepts and e many impedim modern intellig the organ of ve galleries of the nominations, i out to take m on the streets, be tempted, fr Senators and would give it f ander such cir myself to the ized out of the The old usa crumbling aw tions are tak

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