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

of salary, I desired the reading secretary to be placed on an equality with the Chief Clerk, and not in a secondary position. I thought he deserved it. I believed it was necessary to enable the Secretary to procure the services of a suitable man. I do not believe a suitable man could be procured for a less compensation; and among the various extravagant expenditures of the Federal Government, we ought to expend at least a sufficient sum to have the proper organization of our desk. This was my view and no other. I am not tenacious about it. I do not wish to interfere with the Secretary in any way. As an evidence of the fact, I provide that he shall make his own selection. If 1 had been dissatisfied with him in any way, and had desired to supersede his rights, I would have submitted a resolution to elect the officer. I have considered it due to the Secretary, on account of the construction which I understood some gentlemen have placed upon the resolution, to make this explanation.

Mr. MASON. I move to postpone the further consideration of the resolution until Monday. We want an Executive session.

The motion was agreed to.

RINGGOLD'S COAST OF CALIFORNIA. The following resolution, submitted by Mr. GWIN on the 17th instant, was taken up for consideration:

"Resolved, That the Secretary of the Senate be authorized to purchase one thousand copies of Ringgold's maps, charts, and sailing directions of the coast of California, for the use of the Senate: Provided, The price shall not exceed four dollars per copy."

Mr. BADGER. I have no other objection to the resolution except that we have not power to pass it. I do not know whether the Senator from Arkansas [Mr. BORLAND] recollects it; but by a provision contained in the deficiency appropriation bill of last session, it is expressly provided that no books shall be distributed to members of Congress, except such as are published by Congress as public documents, unless an appropriation had been by law previously made for the purpose.

Mr. MASON. The resolution will evidently lead to debate. I move to postpone its further consideration until Monday.

Special Session-Duties on Iron.

Mr. BADGER. These are new ones. Mr. CHASE. I know it; and I have no doubt of their value as stated by the chairman of the Committee on Printing; but if they be of such value, undoubtedly those who navigate the coast can obtain them. I see no reason why the Senate should purchase them more than any other book designed for general circulation.

But a more serious objection to it is that it would be violating, if not the letter, the spirit of the law. The law was designed to prevent the purchase of books, not reports to Congress, for which no special appropriation was made; and every lawyer knows that under the general term "books,' maps and charts are included. I therefore move that the resolution lie upon the table.

Mr. GWIN. Let it go over until Monday. I do not wish to interfere with the Senator from Virginia; but I am prepared to show that it is not a violation of the law, and that the charts are of great value.

Mr. CHASE. I withdraw my motion.
The motion to postpone was agreed to.

EXECUTIVE SESSION.

Mr. HUNTER. I offer the following resolution:

Resolved, That the Secretary of the Treasury be directed to report to the Senate at its next annual session, the average prices annually of bar-iron, merchantable, manufactured by rolling; bar-iron, merchantable, manufactured otherwise than by rolling; railroad iron, manufactured by rolling, and pig-iron, for the last ten years preceding 1853, in the foreign markets of production or shipment; also the average prices annually of the same description of iron at New York and Pittsburg for the same period, together with the charges for freights, insurance, and commission.

It has been suggested to me by practical men that the true basis of a compromise between the producers and consumers of iron in this country would be to establish a point in the price after which no duty should be charged. It has been said that it is probable some point could be ascer

out injuring the producers of iron, and which would be for the benefit of the consumers-the protection being that the duty would be applied upon the iron whenever it ranged below the price named by

Mr. BORLAND. My attention has not been particularly called to that provision of the law. I had considered the subject only in reference to the value of the chart, of which I have very strong evidence before me. I have the testimony borne by the Coast Survey and from other sources as to the accuracy and value of the charts, which shows that they are now regarded by navigators as indis-tained after which the duty could be taken off withpensable to ships which are navigating the ocean upon the Pacific coast. Whether they will come under the head of books or not, I do not know. We have procured a limited number of them, and they are in very great demand. The gentlemen from California attach very great value to them, and deem them of great importance. Navigators of established character deem them of very great importance, indispensable indeed. The Coast Survey, under whose examination they are passed, and who have made use of them in perfecting their reports, bear the very highest testimony as to their character and their indispensable necessity to all persons navigating the Pacific coast.

Mr. BADGER. I will read the provision of law:

"Be it further enacted, That hereafter no books shall be distributed to members of Congress, except such as are or· dered to be printed as public documents by the Congress of

law.

For the purpose of ascertaining if such a thing be possible, inasmuch as it is very desirable to produce some sort of compromise between the producing and consuming interests, I have introduced the resolution. The question will come up at the next session. By that time the Secretary which we may act in regard to the subject. It will be enabled to give us the information upon seems to me exceedingly desirable that we should produce harmony between the great industrial interests of the country, and whenever the subject is capable of compromise we should begin in time and collect information to enable the Government to make some arrangement which may enable them all to go on harmoniously. I trust that

which they are members: Provided, That this section shall something like this may be done. It seems to me

not prohibit or interfere with the distribution, to all mem bers who have heretofore received books under the order of either House, of the remaining volumes or parts, so as to complete the sets which they have received."

Mr. GWIN. That does not refer to these charts, and most valuable ones they are. They are not books. They are nothing but charts.

Mr. PETTIT. With the leave of the Senator from California, I will obviate all that difficulty. The resolution is to authorize their purchase for the use of the Senate. I propose to amend it so that it shall be for the use of the navigators upon the Pacific coast. That certainly will obviate the difficulty. [Laughter.]

to be a plausible idea; and without committing myself to it, I think there is so much in it as to make it desirable to have the information to enable us to act upon it hereafter.

Mr. BRODHEAD. Since 1846 or 1847, the manufacturers of railroad and other iron generally have been asking for some compromise. They have appealed more than once, I believe, to the honorable Senator from Virginia, and I am very happy to learn now that he is willing to have some compromise on the subject. I should have been much more pleased to have heard it from him some two or three years ago when those engaged in the manufacture of iron, especially of railroad Mr. CHASE. I think we have already voted iron, were suffering so terribly, and calling loudly about enough for charts.

Mr. GWIN. I accept that.

for relief.

SENATE.

Mr. HUNTER. I think the Senator from Pennsylvania is not exactly aware of my purpose and agency in regard to this matter. I introduced the resolution for the purpose of seeing if something cannot be done which may satisfy the consumers of iron without injuring the producers. It has been suggested to me that here was the idea upon which some such compromise could be made. I do not know whether it can be done or not; but it is certain that at the next session we shall have to meet the question; and I submit to the Senator whether it is not better in every point to have all the information which we can obtain in regard to the subject. That is the end and object of the resolution.

I will say in relation to my own opinions, since the gentleman has referred to them, that I am a free-trade man. It is known to everybody who knows me that I am a free-trade man to this extent that I go for duties upon revenue principles, and for the lowest duties which will bring in sufficient revenue for the purposes of the Government; but at the same time, I believe that when interests are called into existence, whether by improper legislation or not, by the action of the Government, those interests ought not to be suddenly and wantonly destroyed; and whenever the Government may choose to take the direction of reform, it should do it as gradually and slowly as may be consistent with the existence of the interests which it has called into being. My object is a kind one.

Mr. BRODHEAD. My friend from Virginia says he is a free-trade man. It is difficult to understand in what sense he is so, because not four weeks ago, he advocated upon this floor the worst kind of discrimination. He advocated a proposition to take the duties off railroad iron entirely. Is he in favor of taking them off cotton, woolen, and other species of manufactures in the country? Where, then, do we obtain the revenue? I would like to know what my friend from Virginia means by saying that he is a free-trade man? Does he mean that he is in favor of the repeal of all duties, and a resort to direct taxation? It would seem so from the fact of his advocating the abolition of duties upon railroad iron entirely; because I can see no reason whatever for taking the duty off railroad iron and not off the other articles which I have named.

I

Mr. HUNTER. The Senator from Pennsylvania says he is at a loss to know in what sense pronounce myself a free-trade man. I said in what sense it was. I said I was in favor of laying on duties only on revenue principles, to raise as much revenue as would be necessary for the proper administration of the Government. That defined my opinion in that respect. He says, though, that I must be for direct taxation, because I voted to t: ke the duty off railroad iron. That does not follow. Here is a question, if I chose to go into it, in relation to the propriety of taking the duty off railroad iron, which involves the question in regard to the true principles of taxation; but I do not choose to enter into it. The Senator might have remembered, that on the occasion to which he alluded, I voted under the instructions of my previously I had declined meddling with the subState Legislature, and that during the whole time ject of duties upon iron, in any way. He knows that I made no speech in regard to it. I gave a vote in accordance with instructions. And now information, to see whether we may not ascertain what is the object I have in view? It is to obtain some point in the price after which the duty may be taken off iron, not only for railroad, but for all reserving a provision in the law by which duties purposes, without injury to the producing interest, shall be laid upon iron when its price ranges below the point. I have it from good authority that there are many iron-masters who believe that this would afford the basis of a compromise. I know there are many railroad men who believe it. I do not yet pronounce upon it. I cannot do so until I have the information; but, as I said before, 1 think the idea is plausible enough to justify us in the effort to obtain testimony to see how far it is practicable.

The question was then taken on the resolution, and it was agreed to.

NAVAL DEPOT AT NEWPORT. Mr. JAMES submitted the following resolution;

32D CONG....3D Sess.

incumbent upon me to vote against the resolution, and to state my reason for doing so. The gentleman who compiled the charts is one that I have the fortune to know personally and well, and I apprehend a more meritorious and distinguished officer does not belong to the service. He has rendered very great service in compiling these charts. It afforded me pleasure at a former day to go with the majority of the Senate for their publication; and I think they were published by an order of the Senate, as an act of deserved distinction to the officer who compiled them; and at the same time the Senate provided that a certain number of copies should be purchased. I think it would be not only wrong, but in bad taste for the Senate to go further in making the purchase. I have no doubt, from the evidence of which we have heard, as well as from the ability of the compiler of the charts, that they are very useful to navigators on the Pacific coast; but I have yet to learn, and if I should learn it would be with great concern, that it is the province of the Senate to enter on the course of purchasing charts for the use of navigators. If they are required, as doubtless they are, there is an abundance of money ability in those who use them to purchase them. I shall therefore vote against the resolution.

Mr. GWIN. In regard to the first objection which is made to the resolution, I will merely say that the charts are not a book; and we published at this session, by order of the Committee on Printing, fifteen hundred extra copies of a chart, showing the route from California to Shanghai for mail steamers, which was very similar in its character, though not so accurate as this. But in regard to this work, I have reason to know this officer of the Navy, of whom I can speak in as much praise as the Senator from Virginia. He lost largely by the publication of the charts, and I wish, on my part, to remunerate him, and through the hands of the Secretary of the Navy to put the charts in possession of those who navigate those waters. I am perfectly confident that we cannot make an expenditure of an equal amount by which more good can be brought to the Government than by purchasing these maps; but I will not detain the Senate.

Mr. BORLAND. I wish to say to the Senator from Virginia, that I think he is mistaken in supposing that Congress published these charts. They were published, I believe, by Captain Ringgold himself, and Congress purchased some of them. Mr. MASON. Yes, sir.

Mr. BORLAND. They were published at his own expense. At first I was opposed to the resolution, but when I have evidence furnished me from the Coast Survey office, and from other distinguished and competent sources, of their great value, indeed of their almost indispensable necessity to all our ships navigating the Pacific coast, and when I ascertained further, that the compiler has not been reimbursed by several thousand dollars for the cost which he has personally incurred, I am in favor of the resolution. He has conferred upon navigation in all that coast of the country, one of the greatest benefits which ever has been conferred. We have the testimony of the Coast Survey, that in the preparation of the maps which they have since made, they derived great benefit from these charts, and found them indispensable to the work, and saved a large expense and labor by having them. If we purchase these charts, it will be for the benefit of navigation. The compiler has incurred great expense, and has not yet been reimbursed; and it does seem to me nothing more than simple justice-to say nothing of the benefit conferred upon the interests of navigation— to pay him as much for the use of the work as it cost him; and the additional copies which we propose to purchase will not do more than repay the money which he has paid out, and which has gone to the benefit of the country.

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

Special Session-Hour of Meeting.

cial session, violate a law which they assisted in passing at the close of the last session.

It is said that this does not fall within the letter of the law because it is a chart. Sir, there are numerous decisions, as all lawyers know, which establish the doctrine that the word "book" does in point of fact comprehend charts. That is the legal sense of the term. It is a sense which of course would apply to the word "books" in the law to which reference is made. If, then, we pass the resolution it will certainly, according to the import of language, violate that law.

Mr. BAYARD. The objection mentioned by the Senator from Ohio is the only reason why I must'vote against this resolution. Were it a joint resolution, I am inclined to think I would vote cheerfully for it. But the law to which reference is made, clearly, in its letter and intent, restrains the action of the Senate in this matter, and I cannot violate that law.

Mr. BORLAND. I shall not contend with the Senators who have just spoken, upon the meaning which they attach to the word "chart" and the similarity of meaning which they seem to think exists between that and the word "book;" but there is another ground which I think very satisfactory, upon which this proposition is not excluded by the terms of the law. The third section of the act referred to, in which the prohibition is made, is in these words:

"That hereafter no books shall be distributed to members of Congress except such as are ordered to be printed by the Congress of which they are members."

case.

But, sir, here is a very different thing. It is proposed to purchase a valuable chart, call it a book if you please, which the interests of navigation very much require, because our commerce upon the Pacific ocean is very rapidly extending and increasing; and it is also intended, as I said, while subserving that great public purpose, to reimburse a meritorious public officer, who, at his own expense, published the work and has not yet received any return for it, notwithstanding its great public value. He is yet out of pocket several thousand dollars. By passing the resolution, therefore, we shall not disregard the law, but we shall subserve the public interest and at the same time do an act of justice to a meritorious officer.

The yeas and nays being taken on the resolution, resulted-yeas 22, nays 16; as follows:

YEAS-Messrs. Atherton, Borland, Brodhead, Dodge of Wisconsin, Douglas, Everett, Fitzpatrick, Gwin, Hamlin, Houston, James, Jones of Iowa, Morton, Norris, Pettit, Pratt, Sebastian, Seward, Shields, Stuart, Thomson of New Jersey, and Weller-22.

NAYS-Messrs. Atchison, Badger, Bayard, Butler, Chase, Clayton, Evans, Fish, Mason, Phelps, Smith, Soulé, Sumner, Thompson of Kentucky, Toucey, and Wright-16. So the resolution was agreed to.

Mr. PRATT. I would suggest to the Senator from California, the propriety of making some alteration in the terms of the resolution, because it occurs to me, that under it, there is no power conferred to distribute the charts. The law of last session prohibits their being distributed to Senators when they are purchased. Where are they to go? Mr. BUTLER. To navigators.

Mr. PRATT. How are they to get to navigators? I suggest that the resolution needs some modification in that respect.

Mr. BORLAND. I suppose, in authorizing the Secretary to purchase the charts for the use of navigators, there is a general power given to him to put them into the hands of navigators. That follows as a necessary consequence; and we are to suppose that he will take a common-sense view of the subject, and adopt some reasonable practicable plan by which they will go into the hands of those for whom they are intended.

SENATE.

framed "for the use of the members of the Senate." Where is your warrant for publishing books, by order of the Senate, for distribution by any other persons than Senators? It seems to me that the resolution is more objectionable in the form in which it passed than it was originally. It contains no provision as to who is to distribute the charts. We are told that the Navy Depart ment will do it. How is the Navy Department to get them? Under the resolution who is to del egate the power to it to distribute them? When you print books for the use of the Senate, you have a general rule for their distribution; but you have none to apply to this at all. The charts may be bought, but they will lie here and require the subsequent action of the Senate, or both Houses, in order to distribute them.

The PRESIDENT. The resolution cannot be altered unless by unanimous consent, or by moving a reconsideration.

HOUR OF MEETING.

Mr. WALKER. I submit the following reso lution:

Resolved, That hereafter the hour of meeting of the Senate shall be ten o'clock, a. m., until otherwise ordered by the Senate.

I will state to the Senate the reason why I shall ask for the consideration of that resolution at this time. As we meet now, we do not sit while the Cabinet are in Cabinet council. They are in council during the morning, and come out about the same time we commence our session. We therefore cannot see them while we are idling away the morning. When our hour of meeting arrives, they have left Cabinet council and gone to the De partments. Then we commence our sitting, and the result is that a great many Senators who have business at the Departments have to go away, and we are left often without a quorum. Now, I have no doubt that there are a great many Senators who have business to attend to at the Departments which they must transact, and they have gone away to attend to it, and I should not be surprised in a short time to-day, and on every subsequent day, after this hour, to find ourselves left without a quorum. If we can meet at ten o'clock, and sit until one, we shall be sitting during the time when the Cabinet are in council, and the Cabinet council and the session of the Senate will break up about the same time, and then we can have an opportu nity to transact our business at the Departments. It is for this reason that I offer the resolution, and ask for its consideration now.

The PRESIDING OFFICER. Does any Senator object to considering the resolution at this time?

Mr. SEWARD and Mr. BUTLER. I object. Mr. WALKER. Withdraw the objection. Mr. BUTLER. 1 cannot withdraw the objec aion. I think our hour of meeting is well arranged its it is. The Senate ought to deliberate sepa rately and let the Cabinet officers do their ow business. This thing of Senators going to transact business with the Departments and making excuse for altering our hour of meeting is wrong. Whatever business they have with the Departments ought to be done in writing.

Mr. WALKER.. I do not mean that this is t give Senators an opportunity to go to the Cabinet councils-of course they cannot get there. B there are many Senators who desire to see the heads of Departments on business; and the Cabinet council breaks up just about the time that we g into session now, and consequently we have ne opportunity to attend to our departmental bestness. If we go to the Departments in the mor ing we cannot find the heads of the Departments, for they are in Cabinet council, and as soon a they come out of council our session commerces, so that we have no time to see them; but if t should meet at ten and adjourn at one we cou attend to departmental business and senatora business also. The Senator asks me what bust ness I have at the Departments?

Mr. BUTLER. Ido not. Mr. WALKER. I do not know whether the Senator has any or not, but I can tell him the he hailed from Wisconsin or any of the wester or northern States, he would find the duty a operous one, which could not be thrown off

is imposed upon us, and some time must be take

32D CONG....3D Sess.

to attend to it; and I will say that if the Senate continues meeting at the time at which we now meet, and are in session the only time when we can see the members of the Cabinet, I shall be compelled to leave the Senate at some hour of the day to attend to my business at the Departments. Mr. PETTIT. I simply desire to say to the Senator from Wisconsin, that I object to one of his remarks, and that is the one which indicates that we are idle in the forenoon. I do not know any Senator who is idle. [Laughter.]

Mr. SEWARD. I desire to ask the Senator from Wisconsin, whether the Cabinet have expressed any particular desire to see more of the Senate than they can see now? If they have not, I shall object to the resolution.

Mr. WALKER. We are not consulting their comfort. We do not propose to ask them when we shall go; and I do not propose to ask the Senator from New York, nor will my constituents, who have imposed the duty upon me be likely to ask him, as to when and how I shall attend to the duty. I presume those of us who have business to attend to, will do it whether the Cabinet are willing to see us or not.

The PRESIDING OFFICER. As the consideration of the resolution is objected to, it goes over one day under the rule.

EXECUTIVE SESSION.

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

And the Senate adjourned.

TUESDAY, March 29, 1853.

Prayer by the Rev. J. G. BUTLER.

On motion by Mr. JONES, of Iowa, it was Ordered, That Avery Downer have leave to withdraw his papers from the files of the Senate.

FOLDING OF DOCUMENTS.

Mr. BADGER submitted the following resolution; which was considered by unanimous consent, and agreed to:

Resolved, That the Sergeant-at-Arms be authorized to continue the messengers in the employment of the Senate, for two months after the termination of the present session, for the purpose of folding and transmitting documents.

READING CLERK.

Mr. ADAMS. I move to take up the resolution which I submitted a few days ago, in relation to a reading secretary. I will state to Senators that if it is taken up I will make such a modification of it as I suppose will make it acceptable to every one.

The motion was agreed to, and the Senate proceeded to consider the resolution.

Mr. ADAMS. I desire to modify the resolution, so that it will read as follows:

"Resolved, That the Secretary of the Senate be authorized to employ a clerk, who shall, under his direction, read at the desk of the Secretary and discharge such other duties as the Secretary may assign him; and who shall receive the same compensation as the principal clerk."

I will state, in a very few words, the substance of an explanation which I made a few days ago. I understand that the duties legitimately belonging to the Chief Clerk, are to keep a minute of the proceedings of the Senate and to make up the record; that the duties performed at the desk by Colonel Hickey are extra duties; and this proposition is to relieve him. His business, which is enough for any one man to perform, is elsewhere, and not at the desk. The resolution is only to authorize a proper organization of that desk. I think we are entitled to it. It increases the compensation allowed, from $1,500 to $1,800-which I apprehend is not unreasonable. I think really that there can be no serious objection to the resolution. It is intended not to affect any one's rights, but to enable the Secretary to perform, in a proper manner, the duties which devolve upon him. It meets his approbation, and that of all concerned, so far as I know.

Mr. MASON. I very respectfully submit to the Senator from Mississippi, whether it would not be proper to let the matter lie for the present. We do not now want a reading clerk. We may want one at the next session. There is no reason

in the world why we should go into an organiza- the duties intended to be assigned to the individual tion of the officers of the Senate at the close of this embraced in the resolution, and I therefore despecial session. I have heard a great deal on this sire to give the Secretary time to make the selecsubject. I have read some things about it, and Ition. It is a matter of very little patronage. am strongly disposed to think that the officers of Three hundred dollars a year, for the convenience the Senate, the police officers, the ministerial of the Senate! agents, and probably those in the office of the Secretary of the Senate may want some organization. I am disposed to think it would be found expedient at the commencement of the next session to refer the subject to a committee to ascertain what the existing organization is, and inquire into the necessity which may exist for reorganization. If no other Senator should move in it, I may feel it incumbent upon me to ask for a committee at the next session to take into consideration the reorganization of the whole department of our officers. For the present, however, to test the sense of the Senate, move that the resolution lie upon the table.

The motion was not agreed to, there being on a division-ayes 14, noes 18.

Mr. BUTLER. I am sure such an officer as the resolution proposes to appoint is not necessary now. The desk does not require it; the business of the Senate does not require it; and who is it that requires an additional officer at this time-at the close of this session? Is the resolution proposed with the view that the Secretary shall select from his own clerks one to fill the office, or select one that he may think entirely suitable? or is it that there is somebody who wants the office, who is in the view of the gentleman who moves the resolution?

Mr. ADAMS. If the Senator will allow me, I will inform him that the resolution authorizes the Secretary to select whoever he may think proper.

Mr. BORLAND. Eighteen hundred dollars. Mr. ADAMS. That is the salary which the resolution proposes to allow; but the Secretary is now authorized to give $1,500, if he should choose to appoint a person. Talk about patronage! Economical as I usually am, no objection on the score of economy entered into my mind to such a proposition. But as I said before, I have no feeling in the matter. If it is the pleasure of the Senate to postpone it indefinitely, I have a convenient seat near the desk, where I can hear any reading that may be thought necessary. I have deemed it a matter of importance, for the convenience of the Secretary, that the Secretary should have the opportunity of selecting the individual. Having confidence, as I have, in his discretion, I embraced in the resolution the privilege of suffering him to make the appointment. All I ask now is a vote.

Mr. WALKER. It is said that the Secretary has the power to appoint a $1,500 clerk, and that the resolution, in its operation, only increases the pay $300. Now, sir, we are at the close of an Executive session; very nearly nine months are to pass away before we shall enter upon the duties of another session; and suppose the Secretary should now exercise the power to appoint a reading clerk at $1,500 per annum, three fourths of whose salary would run on when he had not a word of reading to do, what would you say? For one, I am in favor of visiting, by investigation and punishment, those who are guilty of wrong-doing; and I say emphatically that I should be after him, for one, if he should exercise that power. I believe the Senate would revolt at the idea that he

run nine months in the vacation of the Senate to start with. We propose, then, to do what we would censure the Secretary for doing. We are asked to resort to the unjustifiable patronage of employing a reading clerk for the Secretary, to sit down for nine months without the necessity of opening his mouth to read one word. That is the proposition. And besides, what do we want with more clerks at the Secretary's desk? I asked you, sir, if it was in order to offer an amendment. 1 have one here, which, if the original resolution be adopted, should also be adopted. It is to add to it the words,

Mr. BUTLER. I understand a little behind these things. [Laughter.] I suppose the Secretary has a pretty strong hint of who the incumbent is to be. Mr. President, if our patronage were to be dis-should employ a reading clerk whose salary should pensed in this way, I would have it that the gentleman who is to be selected for it, if an additional one be selected, should be some aspiring literary young man who, with $1,500 or $1,800 a year, would be enabled to improve his mind in the Library. I would have a man of literature, not one who is identified merely with party. If I had the assurance that the office would be disposed upon a man who would avail himself of the opportunity to improve his mind upon the subject of literaturesome young clergyman, or young man looking to a distinction of that kind-perhaps I might be less reluctant upon the subject; but at the close of the session I do not like to see the Senate subjected to terms to have an appointment made when there is no occasion for it; and I shall therefore vote against the resolution.

Mr. CHASE. I am quite satisfied that the officer is not needed at this session. We cannot tell what we may need at the next session; and in order that we may act with all the lights before us, I move that the subject be postponed until the first Monday in December next.

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

Mr. WALKER. Would it be in order to propose an amendment to the resolution now?

The PRESIDING OFFICER, (Mr. BADGER in the chair.) It will not be in order pending the motion to postpone.

Mr. BORLAND. I shall vote for the postponement, for the reasons which have been so well stated by the Senators from Virginia and South Carolina, that at this session, at any rate, we do not need the addition to our clerical force, and that at the beginning of the next long session, if we do need it, we can take the subject up and dispose of it deliberately. We shall then have plenty of time before business accumulates on our hands, and we shall avoid the incurring of what I consider a very unnecessary expense, and also the doing with a very thin Senate—a bare quorum I apprehend-what would seem more properly to belong to a full Senate at the beginning of a new Congress.

"And that the desk of the Secretary be lengthened about five feet, five-and-a-half, or six feet."

Sir, it would be necessary to have more room there, if you get another reading clerk; for unless you extend the desk there will be no place for him to sit. We are to appoint a clerk to read nine months for us when we are scattered all over the Union! An act for which, if performed by the Secretary, we should censure him; yet it is proposed to pass the resolution and do it ourselves.

Mr. BUTLER. I understand from the Senator from Mississippi, that this clerk is to be a man of very rare endowments. I believe he said that not one in ten thousand could be got exactly suitable. I suppose, then, the object of the resolution is to authorize the Secretary of the Senate to employ a person who, during the nine months between now and the commencement of the next session, may come here and rehearse. I should like to hear the rehearsals, and the gentleman's practice in elocution. It would be an exhibition worth witnessing. Who would not come here every morning to hear that fellow sing out until he had almost got the records by heart? [Laughter.]

Mr. ADAMS. If the Senator will allow me, I will say that my remarks justified no such criticism as he has thought proper to put upon them with his great facility of turning everything into ridicule. I only suggested that there were but few reading clerks who would answer the purpose, and I desired to give the Secretary time to look around him to make the selection. How the Senator from come to the ex

not see, though for that gentleman to come to an extraordinary conclusion is not strange.

Mr. ADAMS. This is a matter in which I have no feeling; but I deemed it necessary to in-traordinary conclusion to which he arrives, I cantroduce the resolution, for the advantage and convenience of the Senate. My opinion is that not one man out of ten thousand reading clerks, can be procured to discharge, in a suitable manner,

Mr. BUTLER. I had not given up the floor when the Senator from Mississippi anticipated me.

32D CONG....3D SESS.

incumbent upon me to vote against the resolution, and to state my reason for doing so. The gentleman who compiled the charts is one that I have the fortune to know personally and well, and I apprehend a more meritorious and distinguished officer does not belong to the service. He has rendered very great service in compiling these charts. It afforded me pleasure at a former day to go with the majority of the Senate for their publication; and I think they were published by an order of the Senate, as an act of deserved distinction to the officer who compiled them; and at the same time the Senate provided that a certain number of copies should be purchased. I think it would be not only wrong, but in bad taste for the Senate to go further in making the purchase. I have no doubt, from the evidence of which we have heard, as well as from the ability of the compiler of the charts, that they are very useful to navigators on the Pacific coast; but I have yet to learn, and if I should learn it would be with great concern, that it is the province of the Senate to enter on the course of purchasing charts for the use of navigators. If they are required, as doubtless they are, there is an abundance of money ability in those who use them to purchase them. I shall therefore vote against the resolution.

Mr. GWIN. In regard to the first objection which is made to the resolution, I will merely say that the charts are not a book; and we published at this session, by order of the Committee on Printing, fifteen hundred extra copies of a chart, showing the route from California to Shanghai for mail steamers, which was very similar in its character, though not so accurate as this. But in regard to this work, I have reason to know this officer of the Navy, of whom I can speak in as much praise as the Senator from Virginia. He lost largely by the publication of the charts, and I wish, on my part, to remunerate him, and through the hands of the Secretary of the Navy to put the charts in possession of those who navigate those waters.

am perfectly confident that we cannot make an expenditure of an equal amount by which more good can be brought to the Government than by purchasing these maps; but I will not detain the Senate.

Mr. BORLAND. I wish to say to the Senator from Virginia, that I think he is mistaken in supposing that Congress published these charts. They were published, I believe, by Captain Ringgold himself, and Congress purchased some of them. Mr. MASON. Yes, sir.

Mr. BORLAND. They were published at his own expense. At first I was opposed to the resolution, but when I have evidence furnished me from the Coast Survey office, and from other distinguished and competent sources, of their great value, indeed of their almost indispensable necessity to all our ships navigating the Pacific coast, and when I ascertained further, that the compiler has not been reimbursed by several thousand dollars for the cost which he has personally incurred, I am in favor of the resolution. He has conferred upon navigation in all that coast of the country, one of the greatest benefits which ever has been conferred. We have the testimony of the Coast Survey, that in the preparation of the maps which they have since made, they derived great benefit from these charts, and found them indispensable to the work, and saved a large expense and labor by having them. If we purchase these charts, it will be for the benefit of navigation. The compiler has incurred great expense, and has not yet been reimbursed; and it does seem to me nothing more than simple justice-to say nothing of the benefit conferred upon the interests of navigationto pay him as much for the use of the work as it cost him; and the additional copies which we propose to purchase will not do more than repay the money which he has paid out, and which has gone to the benefit of the country.

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

Mr. CHASE. I desire simply to say that the remarks submitted by the Senator from California would convince me, if I needed any conviction upon this subject, that this is a very meritorious work; and I would cheerfully vote for the resolution, if I were not fully satisfied that it is against both the letter and spirit of the prohibition in the law; and I trust the Senate will not, at this spe

Special Session-Hour of Meeting.

cial session, violate a law which they assisted in passing at the close of the last session.

It is said that this does not fall within the letter of the law because it is a chart. Sir, there are numerous decisions, as all lawyers know, which establish the doctrine that the word "book" does in point of fact comprehend charts. That is the legal sense of the term. It is a sense which of course would apply to the word "books" in the law to which reference is made. If, then, we pass the resolution it will certainly, according to the import of language, violate that law.

Mr. BAYARD. The objection mentioned by the Senator from Ohio is the only reason why I must'vote against this resolution. Were it a joint resolution, I am inclined to think I would vote cheerfully for it. But the law to which reference is made, clearly, in its letter and intent, restrains the action of the Senate in this matter, and I cannot violate that law.

Mr. BORLAND. I shall not contend with the Senators who have just spoken, upon the meaning which they attach to the word "chart" and the similarity of meaning which they seem to think exists between that and the word "book;" but there is another ground which I think very satisfactory, upon which this proposition is not excluded by the terms of the law. The third section of the act referred to, in which the prohibition is made, is in these words:

"That hereafter no books shall be distributed to members of Congress except such as are ordered to be printed by the Congress of which they are members."

We well know the reason for that. We well know that there was a great complaint that members of Congress were in the habit of voting themselves large quantities of books to be paid for out of the contingent fund of the respective Houses. It was considered an abuse; and the cry had gone through the country and got into the newspapers that we were voting ourselves libraries. The section which I have read was intended to meet that

case.

But, sir, here is a very different thing. It is proposed to purchase a valuable chart, call it a book if you please, which the interests of navigation very much require, because our commerce upon the Pacific ocean is very rapidly extending and increasing; and it is also intended, as I said, while subserving that great public purpose, to reimburse a meritorious public officer, who, at his own expense, published the work and has not yet received any return for it, notwithstanding its great public value. He is yet out of pocket several thousand dollars. By passing the resolution, therefore, we shall not disregard the law, but we shall subserve the public interest and at the same time do an act of justice to a meritorious officer.

The yeas and nays being taken on the resolution, resulted-yeas 22, nays 16; as follows:

YEAS-Messrs. Atherton, Borland, Brodhead, Dodge of Wisconsin, Douglas, Everett, Fitzpatrick, Gwin, Hamlin, Houston, James, Jones of Iowa, Morton, Norris, Pettit, Pratt, Sebastian, Seward, Shields, Stuart, Thomson of New Jersey, and Weller-22.

NAYS-Messrs. Atchison, Badger, Bayard, Butler, Chase, Clayton, Evans, Fish, Mason, Phelps, Smith, Soulé, Sumner, Thompson of Kentucky, Toucey, and Wright-16. So the resolution was agreed to.

Mr. PRATT. I would suggest to the Senator from California, the propriety of making some alteration in the terms of the resolution, because it occurs to me, that under it, there is no power conferred to distribute the charts. The law of last session prohibits their being distributed to Senators when they are purchased. Where are they to go? Mr. BUTLER. To navigators.

Mr. PRATT. How are they to get to navigators? I suggest that the resolution needs some modification in that respect.

Mr. BORLAND. I suppose, in authorizing the Secretary to purchase the charts for the use of navigators, there is a general power given to him to put them into the hands of navigators. That follows as a necessary consequence; and we are to suppose that he will take a common-sense view of the subject, and adopt some reasonable practicable plan by which they will go into the hands of those for whom they are intended.

Mr. BAYARD. Where is the authority on the part of any officer of this body to turn these books over to any one else? Where does it spring from? When I made my remarks upon the resolution, I supposed it stood as it was originally

SENATE.

framed "for the use of the members of the Senate. Where is your warrant for publishing books, by order of the Senate, for distribution by any other persons than Senators? It seems to me that the resolution is more objectionable in the form in which it passed than it was originally. It contains no provision as to who is to distribute the charts. We are told that the Navy Department will do it. How is the Navy Department to get them? Under the resolution who is to delegate the power to it to distribute them? When you print books for the use of the Senate, you have a general rule for their distribution; but you have none to apply to this at all. The charts may be bought, but they will lie here and require the subsequent action of the Senate, or both Houses, in order to distribute them.

The PRESIDENT. The resolution cannot be altered unless by unanimous consent, or by moving a reconsideration.

HOUR OF MEETING.

Mr. WALKER. I submit the following resolution:

Resolved, That hereafter the hour of meeting of the Senate shall be ten o'clock, a. m., until otherwise ordered by the Senate.

I will state to the Senate the reason why I shall ask for the consideration of that resolution at this time. As we meet now, we do not sit while the Cabinet are in Cabinet council. They are in council during the morning, and come out about the same time we commence our session. We therefore cannot see them while we are idling away the morning. When our hour of meeting arrives, they have left Cabinet council and gone to the Departments. Then we commence our sitting, and the result is that a great many Senators who have business at the Departments have to go away, and we are left often without a quorum. Now, I have no doubt that there are a great many Senators who have business to attend to at the Departments which they must transact, and they have gone away to attend to it, and I should not be surprised in a short time to-day, and on every subsequent day, after this hour, to find ourselves left without a quorum. If we can meet at ten o'clock, and sit until one, we shall be sitting during the time when the Cabinet are in council, and the Cabinet council and the session of the Senate will break up about the same time, and then we can have an opportunity to transact our business at the Departments. It is for this reason that I offer the resolution, and ask for its consideration now.

The PRESIDING OFFICER. Does any Senator object to considering the resolution at this time?

Mr. SEWARD and Mr. BUTLER. I object. Mr. WALKER. Withdraw the objection. Mr. BUTLER. I cannot withdraw the objecaion. I think our hour of meeting is well arranged its it is. The Senate ought to deliberate separately and let the Cabinet officers do their own business. This thing of Senators going to transact business with the Departments and making an excuse for altering our hour of meeting is all wrong. Whatever business they have with the Departments ought to be done in writing.

Mr. WALKER. I do not mean that this is to give Senators an opportunity to go to the Cabinet councils-of course they cannot get there. But there are many Senators who desire to see the heads of Departments on business; and the Cabinet council breaks up just about the time that we go into session now, and consequently we have no opportunity to attend to our departmental business. If we go to the Departments in the morning we cannot find the heads of the Departments, for they are in Cabinet council, and as soon as they come out of council our session commences, so that we have no time to see them; but if we should meet at ten and adjourn at one we could attend to departmental business and senatorial business also. The Senator asks me what business I have at the Departments?

Mr. BUTLER. I do not.

Mr. WALKER. I do not know whether the Senator has any or not, but I can tell him that if he hailed from Wisconsin or any of the western or northern States, he would find the duty an onerous one, which could not be thrown off. It is imposed upon us, and some time must be taken