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State in which Annapolis, the capital of the State, || Legislature at that time and under those circum- him and endeared him to the people of Maryland is situated, assembled in that ciiy and requested slances was a wise exercise of executive auihor- was his unselfish and unyielding patriotism. In that this should be done. Governor Hicks em- ity. Il at once produced quiet in Maryland. It him was illustrated that patriotism which burned so phatically declined. Public meetings were then gave time for many who had been swept away purely in the hearts of the men of '76. There was called in those portions of the State where the by the first fierce gust of passion to indulge in iso personal sacrifice which he deemed too great slaveholding interest predominated, demanding "the sober second thoughi," and to return to to be made for his country. This was particularly the assembling of the Legislature. Governor their allegiance. The Legislature, 100, was pow- illustrated in his course on the question of emaiHicks refused to notice their demands. Shortly erless for mischief. They dared not, even if they | cipation. Though holding a considerable number afterward the President of the Senate of Maryland | had desired, while the loyal citizens of western of slaves at the breaking out of the rebeliion, and and the Speaker of the House of Delegates, for | Maryland ihronged in their balls, and scowled entering into the war with the impression that it themselves and in the name of their respective | defiance in their faces, put the State of Maryland ought to be so conducted as not to interfere with bodies, addressed him, urging that they should into an attitude of hostility to the General Gov- slavery, yet when he became convinced, as he be convened. Governor Hicks stood like ada- ernment. As my venerable colleague who sits afterward did, that the most vulnerable point in mant, declaring that he saw no good reason for behind me (Governor Thomas) once said in this the rebellion was slavery, and that if we would such action, and that Maryland was, and would House, they would have been hurled from their crush the rebellion we must strike at and crush slabe forever, for the Union. While thus beset at windows upon the glistening bayonets below; and very, he did not hesitate to favor this policy both home he was also approached from beyond the well they knew it.

by the General Government and by his own State. limits of the State. Afier the Congress assembled Within ten days after the massacre of the troops A year ago he favored the constirutional amendhere in December, 1860, the leading southern men in Baltimore Governor Hicks was in cordial and ment lately passed abolishing slavery throughout who had seats in these Halls used all their efforts carnest cooperation with the national authorities the United States, and was ihe earnest friend of to inflame the minds of the people of Maryland in this city, and a few days later issued his proc- immediate emancipation in Maryland, voting him-. to compel the Governor to assemble the Legisla- lamation calling for four Maryland regiments to self for the free constitution and urging others to ture, Commissioners were sent to him directly march to its defense.

unite with him in its support. from the States of Alabama, Mississippi, and Mr. Speaker, however much others may have But he has gone, never to return. To-day the South Carolina, all urging that Maryland should doubted or may now doubt the loyalty of Gov. grave will close on his mortal remains. For the move in the same column with them; but to no ernor Hicks because of this one error during that monument which shall rise above his remains, be purpose. The polar star to Governor Hicks was terrible week, the Union-loving people of Mary- has prepared his own epitaph. Addressing the his country, the union of these States. The waves land, who knew him well, never for one moment people of Maryland by proclamation, in the midst of sectional strife rose higher and higher. State lost confidence in his patriotism. No mun, since of the dangers which encircled them in June, after State fellaway from its allegiance. He stood the days of the Revolution, has lived in Maryland | 1861, he said: firm. The day of ihe inauguration came. Presi- who has had so entirely the confidence and affec- " In the course of nature I cannot have long to live, and dent Lincoln assumed the robes of office, and en- tion of the patriotic people of that State as Gov- I servently trust to be allowed to end my days a citizen of tered upon the discharge of the high duties of the ernor Hicks. They have loved him with a pure

this glorious Union. But should I be compelled to witness

the downfall of that Government inherited from our fathers, Chief Magistrate of the United States. From and an ardent affection. They have trusted him

established as it were by the special favor of God, I will many hearts in the loyal Sites, as well as from the without an apprehension or a doubt. Ile was at least have the consolution at my dying hour that I loyal people of his own State, earnestly watching their pilot in the hour of deepest gloom and most neither by word nor decd assisied in lastening its disruphis course, and full of apprehensions, there rose

tion." threatening danger. They gathered around him as up the prayer, "God bless Governor Hicks." the exponent of their principles and the worthy Sir, let this sublime paragraph be engraved on The capital was still in the hands of the friends representative of their love of country; and when his tomb. It shall live wlieni the marble shall of the Union. The noble ship which soon was the sad news went out from this city that he was

have crumbled and mingled with his dust. And to drive into the storm and tempest of civil war, no more there were thousands of eyes in his native

let us, the living, learn lessons of patriotism from which have not and shall not destroy her, then, || Slate, that had never seen him, dimmed with tears, his proud example, for though dead he yet liveth. indeed, had made her most narrow escape from and thousands of hearts filled with sorrow for his Toffer the following resolutions: destruction on the hidden rocks of treachery and loss. And to-day the Governor and Legislature Resolred, That this Ilouse has heard with deep sensiof treason. Sir, I doubt not that the impartial of his State, as well as the corporate authorities

bility thic announcement of the death of Hon. 'THOMAS historian who shall hereafter write the story of

lloLLIDAY Hicks, a Senator in Congress from the State of of its great metropolis fully representing the peo

Maryland. the perils of the Republic will declare that the most ple in their action, are here in the Capitol of the Resolred, That as a testimony of respect for the memory critical period in its history was that which im- nation to pay the last tribute of respect to his of the deceased, the members and officers of this llouse mediately preceded the inauguration of President

will wear the usual badge of mourning for thirty days. memory, not as a matter of form, not to join in

Resolved, that the proceedings of this llouse, in relation Lincoln; that Thomas Holliday Hicks, by the an empty pageant, but as exhibiting the love and to the death of Hon, Tuomas HoLLIDAY Hicks, be contblessing of God at that time the Governor of reverence of the entire people of the State for his municated to the family of the deceased by the Clerk. Maryland, did more than any other man to save character and their sincere sorrow for his death. Resolred, That this blouse will, as a body, repair to the it from destruction. With them I desire to pay my humble tribute to

Senate Chamber to attend the funeral of the deceased, and

upon its return to the Hall that the Speaker declare the I am aware, sir, that a few weeks later, when his worth, and to drop a sorrowing tear on his House adjourned. an infuriated mob, excited by rebel emissaries, grave. and armed, took possession of the city of Balti- A few words more in regard to the character of Mr. CRES WELL. Mr. Speaker, duty immore, murdering the soldiers of the United States my colleague and I am done. Governor Hicks

poses no unwilling task when it demands my passing through to the capital, and raising a great was entirely a self-made man. He toiled up the humble tribute to ihe memory of the lamented commotion throughout the State, that Governor mountain-side unaided, and reached height after deceased. The praises due to a long career of Hicks, having gone to that city to secure the height through his own manly exertions; but honor and usefulness are always freely lavished peaceful passage through it of these troops, found never did he break the bond which bound him

upon the grave. The stranger in seeking to give hinself in the power of this mob, and seemed to to the people on the plain. He was essentially uiterance only to his admiration for the public yield for a tine in part to their demands. But a man of the people; of them and from them, his life and character of the dead, will be content never, even then, for a moment did he give up his | instincts, his sympathies, his affections, were all with the employment of merely formal and condevotion to his country, or counsel resistance to its with them, and his exertions and labors in their ventional terms of respect. But the hand of aflaws. True, for a few days he besought the Pres- behalf. The poorest and most friendless boy re- fection in its anxious desire to keep fresh and ident not to pass troops through the State. This | ceived from him as kindly a welcome as the men green a cherished memory, would rain pluck was done alone through apprehension that the who held the most influential and important sta- from heaven a sprig of the immortal amaranth, scenes of that bloody day just passed would be

tions. The last note that I ever received from and plant it upon the grave where the loved one again reenacted while he was powerless to pre- him, only a few days before his death, was writ- sleeps, in the hope, fond though vain, that even vent it, and that his beloved State and city would len to ask my aid for a poor man, a sailor dis- the tomb may be thus clothed with the freshness be laid waste with fire and sword, destroying the abled in the service of his country, and in which and the bloom of eternal beauty. innocent with the guilty. I confess he was in he regretted that his health would not permit him My colleague, who has preceded me, has error. I may safely say that subsequent events personally to render him such assistance as he spoken of what Governor Hicks has accomconvinced him that he was in error; but it was desired. Governor Hicks, from the character of plished for his State and country. It is eminentan error of judgment only; and who is infallible? his early pursuits, had no opportunity for culti- ly proper that the record of his public life should Never for the briefest space of time did he desirevating a taste for books, and was consequently on this occasion be reviewed and commended. to aid the cause of the rebels, or intend to do not a man of general reading or information; yet But mine is a more sacred office. I represent aught to injure his country, or resist its laws. It he possessed great natural sugacity, had a broad

the county of his nativity, wherein he spent his is true, too, that he then convened the Legisla- 1 and well-balanced mind, and easily mastered any long life, surrounded by the friends and associa*ture of Maryland; but this was done only atier | subject to which he turned his attention. He tions of his youth. Among my constituents are a revolutionary call for it to assemble in the city || thoroughly understood the political history of the those who were captivated by his generous of Baltimore, similar to that which put the State country. There was nothing narrow or illiberal heart long before the days of his political triof Texas into the allitude of rebellion, had been in his character, and his catholic spirit showed umphs; those who regarded him, when living, issued by one of the most influential members | itself in almost every action of his life. He was with unselfish love, and who, now that death has of the State Legislature, Coleman Yelloit, now in generous and sincere, quick to forgive, and never stricken him down, will receive the sad tidings the rebel confederacy. Governor Hicks, to pre- cherished resentments. Though his inind was with tears of profound regret. It is my duty to vent this revolutionary session which would have not quick in its perceptions and conclusions, yet attempt in some measure to soothe the grief and taken place in Ballimore, then in the hands of the when he had reached such conclusion, he was as to mitigate the sorrow of his family and personal Secessionists, convened the Legislature at Fred- firm as a rock, fixed as the hills. No word of friends. erick city, in the midst of a loyal population suspicion has ever been breathed against his in- I have not known Governor Hicks as long as thoroughly roused, and with a local organized || Legrity. He was an honest man,

my friend who to-day has made the formal anmilitary force of nearly four hundred muskels.

nouncement of his decease. My personalacquaintI have always thought that the assenbling of the That, however, which has most distinguished ance begain late in the year 186), but long before the day of his death, notwithstanding our dispar- grant. The dead of a sister State, foully slain dom; and my State is largely indebted to the late ity in years, his many generous qualities, com- by traitors in the streets of Baltimore, had been Senator Thomas Holliday Hicks. It has therebined with his ferveni patriotism, had won my counted as the first mangled and blood-stained fore been thought fitting that I should add my atfection and sincere esteem. I am not ashamed victims of rebellion. Secession was fully armed. humble word to what has been so appropriately to confess to the humblest of his friends that I, too, Much of the machinery of government was in said on this occasion. have wept over his unexpected and painful death. the hands of rebels. Everything was uncertain. In my many visits to Maryland during this

* The noblest work ot God."

We who knew him well, who freely mingled Men in high places were no longer to be trusted. trying period I became somewhat familiar with with him in social intercourse, who think we un- The Union sentiment was utterly without organi- Senator,or Governor Hicks, as he was when I first derstood his nature and fairly appreciated his zation and was taken totally by surprise. The knew him. I found him ever frank and courteous faults as well as his virtues, are unwilling that Governor stood alone among his foes. Then the to his peers, and kind, kind but without conposterity, in making an estimate of the character tempters said to him, “Let us avoid bloodshed descension, to the young, the poor, and the humof Governor Hicks, shall be confined to the dry || among Marylanders, let us prevent war in our ble. His intercourse with all was easy and naldetails of the historian.

streets, let us have peace among ourselves." He ural, and his manners were but the fit expression “ History preserves only the fleshless bones

cared not for himself, and they knew it; but they of his manly nature. This is well attested by the Of what we are, and by the mocking skull

appealed to his love for his people, and exhorted constancy with which honors attended him." He The would-be wise pretend to guess the features!

him to quiet the excitement and prevent further whose death we mourn, dying as a Senator of the Without the roundness and the glow of life How hideous is the skeleton ! Without

strife and massacre. It was a time of great doubt United States, was once a constable, and doubt. The colorings and humanities that clothe

and peril, such as comes but once in centuries. less proud of the confidence in him exhibited by Our errors, the anatomists of schools

He postponed the demands of the national Gov- his fellow-citizens in electing him to this humble Can make our memory hideous."

ernment until the loyal sentiment of the people office; and from the day he entered upon iis duties Thomas Holliday Hicks was no scholar, no

should gain confidence and find its voice. Of all to the moment in which he breathed his last, and orator. Notwithstanding the many disadvantages those who censure him, who would have done passed gladly to the bosom of his Maker, the badge under which he labored, it is safe to my that no

better? Our sturdy old Governor never for a of office attested how fully he enjoyed the confiman has exerted a greater influence on the politics | single moment sympathized with treason in any dence, the increasing confidence, of the people of Maryland, or has accomplished more for the form, or even doubted as to the plain path of duty. among whom he lived. It has been said, and I good of his Siate and fellow-citizens in his day His was never the heart of a iraitor. The best apprehend with perfect truth, that during this and generation than he. He chose his party be- evidence of his fidelity may be found in the un- long career no man ever doubted his integrity. cause of his approval of the principles which it

wavering devotion of all his life. He had not a It seemed to me, sir, as I listened to the rapid proclaimed, and then gave it his entire and cor

hope for himself, his children, his friends, or his sketch of his biography, that he was a chosen dial support. A disciple of Henry Clay, he ac- country, that was not based upon the integrity instrument in the hands of Providence for our cepted the teachings of the Sage of Ashland as the

and perpetuity of the Union. It it be true that good. The Almighty sees the end from the beaxioms of his political creed. He was first a Demo

the eye when glazing in death is endowed with ginning. It is not so with men; and the wealthy, crat of the old school, then a Whig, then an Amer

prophetic vision, I doubt not that his dying mo- the powerful, the arrogant, and the aristocratic ican, and on the formation of the Union party he ments were cheered by the joyful prospect, soon land and slave owners among whom this poor threw his whole soul into that movement and la. to be revealed to us, of peace and happiness won

child was born did not foresee, when they gave bored unceasingly to promote its success. To all by valor and restored by victory.

him their confidence, and made him first constathe parties to which he was successively attached His days are numbered. The whole of his ca- ble, then sheriff, and then promoted him from he rendered the most important services. He was reer is before the world. Men may now pass stage lo stage, that they were qualifying him to always looked up to as a leader, and always did | judgment upon another fellow-mortal who has be the power to curb their aspirations and conthe work of a leader.

gone from earth. If we approach his bier and trol the destiny of their descendants. They did Yet he was not a brilliant man in any respect. look down upon the mortal remains of Thomas not foresee that they were training in that honest His great distinguishing mental characteristic HOLLIDAY Hicks, and then recount the whole farmer boy a man who, by his will, should conwas his intuitive knowledge of human nature, and

story of his life and death, we must in justice say, travene their ambitious purposes and determine his great capacity for the management of men.

“ Nothing is here for tears, nothing to wail

whether the capital of the country should remain His mind was eminently practical, and he dealt Or knock the breast; no weakness, no conteinpt, so, or become the capital of a foreign and deswith men and things as they were. He some- Dispraise, or blaine; nothing but well and fair,

potic confederacy. Yet more potent than any times entered into public discussions on the hus

And what may quiet us in a death so noble."

hundreds of men was Governor Hicks in the detings, and frequently exhibited great tact and as

Mr. SMITHERS. Mr. Speaker, a good man

cision of that question. tuleness in debate. He proclaimed his sentiments everywhere, and never ceased to inculcate what has been gathered unto his fathers, and it is meet

It is said that he wavered about the time that he believed to be the truth. But the great arena that I should lay upon his bier a simple testimo

that question was pending in nicest balance. No of his triumphs was the social circle. Wheresonial of respect and gratitude.

man will say that his loyalty yielded. The utever known, he had so completely the confidence

Though it may not be permitted me to call him

most that can be said is, that in a period of revoof men of every position in life, high as well as

great, yet if incorruptible integrity, unostentatious lutionary excitement, when the armed men around low, that his views were often quoted piety, and unwavering devotion to his country be

him were all the foes of his cause, when those as having the weight of authority. The people of his own worthy to be imitated or admired, then may it be whom the people of his State had invested with

power and indicated as his counselors all entercounty seemed to hang with pleasure on his words I truly said that Thomas Holliday Hicks has not

lived vain. Born with no accidental advan- iained views different from his, and when those and to delight in paying him honor. His house at Appleby was open to all the world, | education, he so demeaned himself in all the re

who loved the Union came to him with multiplied tage of wealth, blessed with no culture of liberal

and diverse counsels, his judgment was for a moand especially was it the refuge of the afflicted. lations of life as to secure the affection and confi

ment bewildered. His instincts, his purposes, He was the friend and counselor of all in trouble. His purse was open to every meritorious demand

dence of his fellow-men, who having committed were ever true and patriotic. His caution, his for assistance. Although free from all ostentato him the discharge of minor official duties, ele

courage, his will, his devotion to the cause, saved tion and for many years in receipt of a respeci

vated him to the position of Governor of Mary- Maryland to the Union, in the crisis, and so seland; and in the darkest hour of the peril of the

cured the inauguration of the President of the able income, his boundless charities and his dis

country in its capital, and enabled the North to position to aid others kept him continually in Republic he held in his hands the welfare of his

.

maintain him there without interval. In doing straitened circumstances. He was in truth the friend and benefactor of the poor, not only min

How well he executed his trust, how faithfully this he saved Maryland, Delaware, and south

hc administered his high office, the appreciation eastern Pennsylvania from becoming the Belgium istering to their wants, but ever lending them a of the living manifests, and the approval of pos

of this terrible war; and his name will be dear to willing sympathy.

terity will attest. Had he yielded to the blandish- the future people of Pennsylvania and of Dela“ When that the poor have cried, Cæsar bath wept."

ments of base conspirators, had he blenched be- ware, as it is to-day to those of his native State. Even his political enemies acknowledged his fore the storm of indignation that assailed him, I shall not attempt a sketch of his biography. manifold and unwearied kindnesses, and his excellent qualities as a man and a neighbor. So

no human power could have averted from Mary- || I shall utter no formal words of eulogy. His life, land the miseries of civil strife. His fidelity

his character, his deeds, are among the richest clear and pure was he in all the relations of pri- | baffled the designs of domestic traitors and checked

treasures of his native State. Let them be faithvate life that even malice was compelled to bear the progress of rebellion; his temporizing policy

fully told. History has been to me through life witness to his exalted worth. held creason in suspense, and gave opportunity

valuable only as it gave me an insight into the charThomas Holliday Hicks was Governor of his to the loyal North to rush to the succor of this

acters and motives of its actors. Let Maryland tell native State in the early stages of the rebellion. His management of State affairs during that threatened capital; and that we sit here to-day, in

with pride the story of Thomas Holliday Hicks. this Council Chamber of the nation, is due, per

Let her speak of his humble origin. Let her say period has been subjected to the severest scrutiny || haps, under the favor of the Almighty, to the

that slavery denied him the advantages even of the and to the most unfair criticism. It has been the

faithfulness of him whom we mourn. Over the cheap country school. And let her show how, in habit to talk of him and his conduct as if he had

grave of such a man it is pardonable to linger with spite of all the curses inflicted on man by that innothing to do but to call his friends around him unwonted regret; but while we pay this tribute of

stitution, he became what he was; and she will and summon the military of the State to the de

honor to his memory, let us rest in confidence not only illustrate the beneficence of our repubfense of the national capital. Alas! in that hour that history will record his virtues, and in assur- lican institutions, but gladden the heart of many a of sore trial his friends were beyond the sound

ance that, after a well-spent life, he has calmly poor father and mother and quicken the pulse and of his voice, and the military were in arms against || passed to the enjoyment of a Christian immor

embolden the spirit of the poor and aspiring boy their country. Those who clustered aboul him tality.

through countless generations. Thomas Hollito profler advice were his life-long enemies. The

DAY Hicks was a poor farmer's boy. He entered host which gathered at his hotel was a hooting Mr. KELLEY. It has, by their kindness, been on his official career a constable. He died a Senmob, yelling like demons and threatening to hang my privilege to participate with some frequency ator; and a grateful nation mourns his death. I him to the nearest lamp-post. Blood had already in the protracted and sometimes intense struggle apprehend that rhetoric can add no force and eubeen shed; treason was rise; civil war was fla- ll of the people of Maryland for the Union and free- logy no power to these brief words.

ment.

a

The question was taken, and the resolutions city of New York. I move that it be referred to He also, from the same committee, to whom were unanimously adopted.

the Committee on Military Affairs and the Mi- was referred a memorial of John Graham, of New The SPEAKER. The Chair will state that, by licia.

York, praying tor compensation for services renthe operation of the resolutions, there will be no The motion was agreed to.

dered in the transportation of the United States evening session to-day. The Chair is requested by the committee of arrangements on the part of officers of the seventh Army corps, praying for

Mr. LANE, of Kansas, presented a petition of mail between New Orleans, Louisiana, and Key

West, Florida, during the quarter ending July 1, the Senate to state that carriages have been provided for all the members of the House who may an increase of the pay of Army officers; which

1855, asked to be discharged from its further conwas referred to the Commitiee on Military Af

sideration, and that it be referred to the Court of desire to go to the Cemetery to perform the last fairs and the Militia.

Claims; which was agreed to. sad rites to the deceased Senator from Maryland.

Mr. WILKINSON presented a memorial of the

Mr. DIXON, from the Committee on the DisThereupon the members of the House, headed | Legislature of the State of Minnesota in favor of

trict of Columbia, to whom was referred the peby the Speaker and Clerk, and preceded by the the extension of the mail route from Red Wing

tition of the Mutual Fire Insurance Company of Sergeant-at-Arms, marched, two by two, to the lo Mantonville, so that there may be a tri-weekly

the District of Columbia, praying for an amendSenate Chamber. mail from Red Wing via Mantonville, Ashland,

ment of their charter, reported a bill (S. No. After the return from the Cemetery the House Madison, and Lansing, to Austin, in that State;

444) to amend an act entitled “An act to incoradjourned.

which was referred to the Committee on Post porate the Mutual Fire Insurance Company of Offices and Post Roads.

ihe District of Columbia," approved January 10, IN SENATE.

He also presented a memorial of the Legislature | 1855; which was read, and passed to a second THURSDAY, February 16, 1865.

of the State of Minnesota in favor of a mail route reading Prayer by Rev. Thomas Bowman, D. D., from Rochester via Salem, Union Springs, Ash

Mr. NESMITH, from the Committee on MilChaplain of the Senate.

land, and Oak Glen, to Geneva, in that State; | itury Affairs and the Militia, to whom was re

which was referred to the Committee on Post Of. ferred a joint resolution (H. R. No. 145) for the The Journal of yesterday was read and approved. fices and Post Roads.

relief of Major McFarland, reported it adversely. EXECUTIVE COMMUNICATION. Mr. HARRIS presented a petition of citizens

Mr. MORRILL, from the Committee on the The PRESIDENT pro tempore laid before the of Suffolk county, New York, praying for the es

District of Columbia, to whom was referred a Senate a report of the Secretary of War commu- tablishment of a mail route from Manorville, via

bill (S. No. 409) to incorporate the Potomac Navnicating, in compliance with a resolution of the Eastport and Speonk, to Westhumplon; which igation and Transportation Company of the DisSenate of December 19, 1864, copies of reports was referred to the Committee on Post Offices and trict of Columbia, reported it with an amendmade by Major General Herron of inspections in Post Roads. the department of Arkansas; which was read, and Mr. HENDERSON presented a memorial of

Mr. ANTHONY, from the Committee on ordered to lie on the table. citizens of the State of Missouri praying for the

Claims, to whom was referred the memorial of establishment of a fort or garrison near the south- John Ericsson, praying for compensation for serPETITIONS AND MEMORIALS.

west corner of that State; which was referred to vices in the construction of the machinery and Mr.GRIMES. I present a petition signed by the Committee on Military Affairs and the Militia.

propeller of the United States steamer Princeton, Rear Admiral David D. Porter and divers and He also presentad a memorial of the constitu

submitted a report accompanied by a bill

(S. No. sundry lieutenant commanders and commanders tional convention of the State of Missouri in favor

448) for the relief of John Ericsson. The bill on the active list of the United States Navy, who of the payment by the General Government of the was read and passed to a second reading, and the represent that the pay of their respective grades military debt of that State incurred in the defense report was ordered to be printed. and duties as established by law for a naval of the General Government; which was ordered

Mr. HARLAN, from the Committee on Pubpeace establishment, prior to and at the begin- to lie on the table.

lic Lands, to whom was referred the bill (S. No. ning of the present war with rebels, was greatly Mr. COWAN presented a petition of manufac- || 379) for the sale of timber lands in the State of reduced by the act of Congress approved July turers of paper, praying for a reduction of the California, asked to be discharged from its further 16, 1862, which was passed while they, or nearly || duty upon all imported articles entering into the

consideration; which was agreed to. all of them, were engaged in the arduous duties manufacture of paper equal to that on printing

Mr. FOSTER, from the Committee on the Juconsequent upon an extended blockade, or in act- paper; which was referred to the Committee on diciary, to whom was referred the bill(H.R. No. ive hostilities with the enemy. They therefore Finance.

657) to amend the third section of an act entitled pray that so much of the act of Congress to “es

PAPERS WITHDRAWN.

“An act making appropriations for sundry civil iablish and equalize the grades of the line officers

expenses of the Government for the year ending of the Navy,'' approved July 16, 1862, as relates

On motion of Mr. POMEROY, it was

the 30th day of June, 1865, and for other pur

Ordered, That the petition and papers of Irwin P. Long, to the pay of captains and commanders, and of

poses," so far as the same relates to witnesses in on behalf of the Wyandolle Indians, praying for an allowthe pay at sea of lieutenant commanders, (pre

ihe courts of the United States, reported it with ance for discount and interest on bonds held by the United viously recognized as lieutenants commanding,) States in trust for that tribe, be withdrawn from the files of

an amendment, may be repealed so as to restore to their respect

Mr. FOSTER. I am directed by the same ive grades and duties the pay to which they were

BILLS INTRODUCED.

committee, to whom was referred the bill (S. No. entitled and received prior to the passage of that Mr. HOWARD asked, and by unanimous con

362) lo amend the third section of an act entitled act. I move the reference of this petition to the sent obtained, leave to introduce a bill (S. No.

An act making appropriations for sundry civil Committee on Naval Affairs.

449) making a grant of public lands to the State expenses of the Government for the year ending The motion was agreed to.

the 30th of June, 1865, and for other purposes, of Michigan to aid in the construction of a railMr. POMEROY. I present the petition of road along the mineral range in that State; which

approved July 2, 1864, to report it without amend. Richard Foster, a colored man, who represents was read twice by its title, and referred to the

ment, and to move that it be indefinitely postthat he has been in the United States service for Committee on Public Lands.

poned, inasmuch as it is provided for in the House two or three years and has lost a leg, but he was He also asked, and by unanimous consent ob

bill which I have just reported. never mustered into the service, so that he can

The motion was agreed to. tained, leave to introduce a bill (S. No. 445) maknot claim a pension; but he asks for some com- ing a grant of alternate sections of public lands to

Mr. HENDRICKS, from the Committee on pensation in order that he may be able to procure the State of Michigan to aid in the construction Public Lands, to whom was referred the bill (S. a cork leg; and he also asks for a further con- of a ship-canal to connect Lake Superior with No. 380) to give title to the occupants of lots ir sideration to enable him to go to school. I move Portage lake in the upper peninsula of that State; cities and towns in the State of California, rethat the petition be referred to the committee on which was read twice by its title, and referred to ported it with an amendment. slavery and freedmen. the Committee on Public Lands.

SUPPORT OF RECAPTURED AFRICANS. The motion was agreed to.

Mr. WILSON asked, and by unanimous conMr. BROWN. I present a memorial from the sent obtained, leave to introduce a bill (S. No.

Mr. SUMNER. The Committee on Foreign State convention of Missouri, asking Congress 446) to increase the efficiency of the staff of the

Relations, to whom was referred the joint resoluto make an appropriation to pay the amount Army; which was read iwice by its title, referred

tion (H. R. No. 143) to facilitate the adjustment

of certain accounts of the American Colonization expended by the State of Missouri in military

to the Committee on Military Affairs and the equipments. I will state in presenting this meMilitia, and ordered to be printed.

Society for the support of recaptured Africans in morial that a bill to that effect has already passed

Mr. HARLAN asked, and by unanimous con

Liberia, have had the same under consideration, the Senate, and I therefore move that the mesent obtained, leave to introduce a bill (S. No.

and have directed me to report it back to the Senmorial lie on the table. 447) to provide for the sale of rejected private

ate with a recommendation that it pass. As I preThe motion was agreed to. land claims; which was read twice by its title,

sume there can be no objection to itmit is simply Mr. MORGAN. I present a petition of citireferred to the Committee on Public Lands, and

to direct the Secretary of the Interior to audit cerzens of New York, in which they respectfully ordered to be printed.

tain accounts-I ask that it may be acted upon at pray for the enactment of a law preferring for

REPORTS FROM COMMITTEES.

By unanimous consent, the Senate, as in Comappointments to all inferior offices persons honor- Mr. COLLAMER, from the Committee on mittee of the Whole, proceeded to consider the abiy discharged from the military or naval ser- Post Offices and Post Roads, to whom was re- joint resolution, which directs the Secretary of the vice of the United States, who shall have served ferred a petition of citizens of Kansas, praying | Interior to adjust and settle the accounts of the for a period of three years during the present re- that the mail route from Kansas City, Missouri, American Colonization Society for the support of bellion, or who shall have suffered permanent to Lawrence, Kansas, by way of Westport, Mis-recaptured Africans in Liberia, under contracts disability while in the service, or who shall be souri, may be changed so as to run on the river made for that purpose, under the authority of un held one year as prisoners of war, and that the road from Kansas City, Missouri, to Lawrence, act of Congress, approved June 16, 1860, on the tenure of such office be for life or during good || Kansas, by way of the Junction House, asked principles of equity. behavior. This petition is signed by General to be discharged from its further consideration, it The joint resoluiion was reported to the Senate Winfield Scott, Peter Cooper, General Dix, and having been already provided for by law; which without amendment, ordered to a third reading, three thousand six hundred other persons in the was agreed to.

read the third time, and passed.

the Senate.

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PORT OF PHILADELPHIA.

Mr. DOOLITTLE. I desire to say to my friend vada and Oregon. The clerk of the circuit court Mr. CHANDLER. The Committee on Com

from Connecticut that I intended this morning, in the districts of Nevada, Oregon, and California merce, to whom was referred the bill (S. No. 410) || during the morning hour, to call up two or three is to be also clerk of the district court in whose Indian bills. I do not wish to occupy any more

districts, and receive for like services the same to enlarge the port of entry and delivery for the district of Philadelphia, have directed me to re

time than is necessary; but there are some mal- fees and compensation which are allowed by law port the same back with an amendment in the

ters relating to the Indians of pressing import- to the clerks of the circuit and district courts of form of a substitute; and as it is merely to enlarge

the United States for Californin; but the clerk in that collection district, I ask the unanimous con

Mr. FOSTER. I will say, in regard to this each of those districts is to be allowed by the Secsent of the Senate to consider it at the present

bill, that it is one that ouglit to be acted upon, retary of the Interior to retain of the fees and time.

because there are causes now pending in the Su- emoluments received by him as clerk of both There being no objection, the Senate, as in

preme Court which have been postponed by the courts, over and above the necessary expenses of Committee of the Wliole, proceeded to consider

court twice already, and are now postponed to the his offices and necessary clerk hire included, to the joint resolution.

27th of this month, which will drop unless we be audited and allowed by the proper accounting The amendment of the Committee on Comhave this legislation.

officers of the Treasury, only such sum per anmerce was 10 strike out all of the original bill

Mr. DOOLITTLE. I will not object to it; but num as is now allowed by law to the clerk of one after the enacting clause, in the following words:

I wish to notify the Senate that I desire, after the of those courts, and is to pay the remainder into That the port of entry and delivery for the distriet of

passage of this bill, to occupy its atiention for a the public Treasury, under oath, in the manner Philadelphin shall be bounded on the river Delaware by very short time with Indian Bills.

and under the regulations now prescribed by law. the procent existing corporate limits of the city of Philadel- Mr. STEWART. When this bill is taken up | This act is to take effect on the 1st day of April phia, an, ihing in any former law to the contrary notwith- there are various matters connected with it upon standing.

which I wish to be heard, and it will take some The Committee on the Judiciary reported the And to insert in lieu thereof: little time. It is a matter of great importance lo

bill with amendments. The first amendment of That the port of entry and delivery for the district of the locality where we reside; il affects our State the committee was in section four, line four, to Philadelphia shall be bounded on the river Delaware by

materially; but I presume there is no objection lo strike out the words “ which are possessed by Frankford creek on the north and Broad street on the south. And be it further enacted, That all acts or parts of acts its being taken up now.

them," and to insert " which are vested in said conflicting with the provisions of this act be, and the same

The motion of Mr. Foster was agreed to, court and said judge,” so that the section will read: ure hereby, repealed.

and the Senate, as in Commiltee of the Whole, That the circuit court of the United States for the said The amendment was agreed to. proceeded to consider the bill (H. R. No. 640) district of Nevada, and the judge thereol, shall possess the

same powers and jurisdiction in said district which are The bill was reported to the Senate as amended, || providing for a district and a circuit court of the

vested in said couri and said judge in the other districts of and the amendment was concurred in. United States for the district of Nevada, and for

the tenth circuit.
The bill was ordered to be engrossed for a third
other purposes. It provides that the State of

The amendment was agreed to. reading; was read the third time, and passed.

Nevada shall hereafter constitute one judicial dis-
trict, to be called the district of Nevada; and a

Mr. STEWART. I am opposed to all the
DEATII OF SENATOR HICKS.
district judge, a marshal, and a district attorney

amendments reported by the committee. So far Mr. JOHNSON submitted the following reso- of the United States are to be appointed for the

as this one is concerned, it is a mere matter of Julion; which was considered by unanimous con- district. The district of Nevada is to be attached verbinge; I think the bill as it came from the House sent, and agreed to: to and constitute a part of the tenth circuit. A

of Representatives is as near perfect as we shall Resolved, That the President pro tempore of the Senate term of the circuit court of the United States for be able to get it, and the amendments are so unbe requested to communicate to the Executive of the State the district is to be held in the city of Carson, I important that I think it unnecessary to send the of Maryland information of the death of lion. THOMAS H. in the State of Nevada, on the first Monday of

bill back to the House. Hicks, late a Senator from said State. March, and on the first Monday of August, und

The PRESIDENT pro tempore. The next BILLS BECOME LAWS. on the first Monday of December of each year.

amendment will be read. A message from the President of the United A term of the district court of the United States

Mr. STEWART. Did the Chair declare the States, by Mr. Nicolay, his Secretary, announced for the district is to be held at the city of Carson

first amendment adopted ? that he had approved and signed the following bill on the first Monday of February, and on the first

The PRESIDENT pro tempore. I did; but it and joint resolutions: Monday of May, and on the first Monday of Oc

will come up again in the Senate.
A joint resolution (S. R. No. 91) appointing
tober of each year.

Mr. CONNESS. That will necessarily confine General Richard Delafield to be a regent of the

The district court of the United States for the the discussion that may be had to the terms of Smithsonian Institution; district of Nevada, and the judge thereof, are to

the amendment that has been adopted. An act (S. No. 281) for the relief Alexander J. possess the same powers and jurisdiction pos

The PRESIDENT pro tempore. The whole Atocha; and sessed by the other district courts, and district

bill will come up afterward in the Senate, and

will be open for discussion in every point as it A joint resolution (S. No. 106) providing for judges of the United States, and be governed by the compilation of a Congressional Directory.

The same laws and regulations. The circuit court progresses.
of the United States for the district of Nevada,

Mr. CONNESS. I understand that the Sena-
MESSAGE FROM THE IIOUSE.
and the judge thereof, are to possess the same

tor from Nevada was on the floor before the Chair

had declared the result. A message from the House of Representatives, | powers and jurisdiction in the district which are by Mr. McPherson, its Clerk, announced that I possessed by them in the other districts of the The PRESIDENT pro tempore. The Chair the House requested the return of the joint resoienth circuit. Whenever the circuit judge of the

had declared it; but the Chair will put the queslution (S. R. No. 42) to extend the lime for the lenth circuit is absent or from any cause is unable

tion again if it is desired. reversion to the United States of the lands granted to hold in any district of his circuit a term of the

Mr. CONNESS. I feel some interest in this by Congress to aid in the construction of a rail- circuit court appointed by law, it is to be the duty

bill, and I prefer that the discussion should take road from Pere Marquette to Flint, and for the of the district judge of the district to hold such

place upon it before the vote shall be taken upon completion of said road, for the purpose of cor- term; and the circuit courts held by the district

the adoption of the amendments reported by the

committee. recting an error in the engrossment of the amend. || judges are to possess the same jurisdiction and ment of the House to the joint resolution." powers in all respects as when held by the circuit The PRESIDENT pro tempore. The Chair

The Secretary was directed to return the reso- judge; but they are not to possess any jurisdic- will regard the vote on the first amendment as lution, in conformity with the request of the House tion to hear and determine any case or matter on

reconsidered, and it is now open for discussion. of Representatives. appeal or writ of error, or transferred from the dis

Mr. STEWART. Mr. President, I should The message also announced that the House trict court or any proceedings therein.

like to hear from the members of the committee of Representatives had rejected the bill (S. No. The district judge appointed for the district of

who have reported these amendments their rea241) granting to the State of Wisconsin à dona- Nevada is to receive as his compensation the sum

sons for wishing to change the original bill in tion of public land to aid in the construction of a of $3,500 a year, payable in four cqual install

such important particulars. I should like to know ship-canal at the head of Sturgeon bay in the ments, on the 1st days of January, April, July,

the reasons, so that we may have some further county of Door, in said State, to conneci the waand October, of each year. The marshal and

light on the subject, because the amendments ters of Green bay with Lake Michigan, in said district attorney of the United States for the dis

seem to me liable to grave objection. I do not State. trict of Nevada, and also for the district of Oregon,

think the bill is improved by the amendments. The message further announced that the House are severally to be entitled to charge and receive

The PRESIDENT pro tempore. The question had passed the following bills of the Senate: for the services they may perform double the fees

now is on the first amendmeni.
A bill (S. No. 392) supplementary to an act
and compensation allowed by the act to regulate

Mr. FOSTER. It may be quite impossible for approved July 14, 1862, entitled “An act lo esthe fees and costs to be allowed clerks, marshals,

me to satisfy the honorable Senator from Nevada tablish certain post roads;" and and attorneys of the circuit and district courts of

that either one of these amendments ought to be A bill (S. No. 413) to establish a bridge across the United States, and for other purposes, ap

adopted. As it regards the one now before the the Ohio river at Cincinnati, Ohio, a post road. || proved February 26, 1853; but the aggregate com

Senate, which is to amend the fourth section by pensation allowed them is not to exceed theamount striking out the words " which are possessed by COURTS IN NEVADA.

provided for such officers by that act. The third, them," and inserting in lieu of them the words Mr. FOSTER. I ask the Senate to take up fourth, and fifth sections of the act of February

" which are vested in said court and said judge,' House bill No. 640, reported from the Commit- | 19, 1864, entitled "An act amendatory of and sup- 1 can only say that any gentleman who had in ice on the Judiciary. plementary to an act to provide circuit courts for

his early life an opportunity of reading a book Mr. SUMNER. What is the bill? ihe districts of California and Oregon, and for

called Lindley Murray's Grammar, will see, I Mr. FOSTER. It is a bill providing for a dis. other purposes,"approved March 3, 1863, are 10

think, the great propriety of that amendment. trict and circuit court of the United States for the be applicable to the appointment of special ses

The section now reads thius: district of Nevada, and for other purposes. There sions of the circuit courts in the districes of Ne

That the circuit court of the United States for the snid

district of Nevada, and the juilge: thereof, shall possess the are special reasons why it should be considered vada, and to the appointment of clerks and deputy saine powers and jurisdiction in said district wbicir are

clerks of the circuit courts of the districts of Ne- posecered by them in the other districts of the tenth eircuit.

at once.

I believe the distinguished author to whom I tions of the bill will in the judgment of the com- fees of the marshal and district attorney, declaring have refurred-Lindley Murray-does not con- mittee make the bill fit and proper for the pur- that they shall be entitled to charge and receive sider that good grammur; and to strike out the pose for which it was intended. The fifth section, for the services they may perform the sees and words " which are possessed by them” and in- one of those which they propose to strike out, compensation now allowed by law to officers of sert in lieu thereof " which are vested in said li provides that whenever the circuit judge of the the same character in the other districts and States court and said judge" of the other districts of the icnth circuit is absent and cannot hold ile circuit of the United States, and the same in regard to tenth circuil, will make it good grammar, and will court for the term, the judge of the district court the clerks of the district and circuit couris; that make it mean precisely what the writer intended shall liold the circuit court in lieu of the circuit these officers shall be subject to the same rules il to mean when he wrote it as it stands.

judge. That is provided for by the general law. and regulations, and perform the same duties and The amendment was agreed to.

That is the law now. In regard to all the cir- be entitled to charge the same fees as officers of The nextamendment was to strike out sections cuits in the United States, if the judge of the cir- like character in the other districts and circuits five, six, seven, eight, and wine, as follows: cuit court is unable to attend, the district judge of the United States for like services. Sec. 5. And be it further enacted, That whenever the

holds the circuit court; so that the fifth section is Then the new sixth section provides that all circuit judge of the tenth circuit is absent or from any canse unnecessary, because the law now is the same as cases of appeal or writs of error heretofore prosis unable to hold in any district of his circuit a term of the it will be if that section stands.

ecuted and now pending in the Supreme Court of circuit court appointed by law, it shall be the duty of the

The sixth section, which it is proposed to strike the United States, upon any record from the sudistrict judge of the district lo loud sucli term; and the cirfuit cotiris held lay the district judges siiall possessillie same

out, provides for the salary of ihe district judge, preme court of the Territory of Nevada, may be Jurisdicuon and powers in all respects as when held by the but that is provided for by the amendment and put heard and determined by the Supreme Court of circuit judge: Prerileil, That they shall not possess any in another connection; it is not necessary, there- the United States, and the mandate of exenution jurisdiction to hear and determine any case er matter on fore, that that section should stand. It was stricken or of further proceedings shall be directeu by the üppeal or writoterror, or transferred from the district court, on alliy proceedings therein.

out merely for the purpose of having the sections Supreme Court of the United States to the disSec. 6. And be il further enacted, That the district judge together stricken out, and not because the com- trict court of the United States for the district of ajpointed for the district of Nevada shall receive as his mittee do not embody the same provision in the Nevada, or to the supreme court of the State of compensatiou the sum of $3,500 a year, payable in four commit installments, on the 1st days of January, April, July, I provided for in the amendment in the same man

amendment which they report. The salary is Nevada, as the nature of the appeal or writ of and October, of each year.

error may require. This section further provides Sec. 7. And he it jurther enacted, That the marshal and ner precisely that it is in the sixth section.

that from all judgments and decreas of the sudistrict attorney of the United States for said district of Then the seventh section, which the committee Nevada, and also for the district of Oregon), shall severally

preme court of the Territory of Nevada prior to be entilled 10 charge and reccive for the services they may

propose to strike out, provides thatthe marshaland ihe admission of that Territory into the Union pertorn double the lees and compensation allowed by the district attorney of the United States for the dis- as a State, the parties to those judgments and deüct entitled " An act to regulate the tees and costs to be trict of Nevada and also for the district of Oregon crees shall have the same right to prosecute apallowed clerks, marshals, and litorneys of the circuit and shall severally be entitled to charge and receive for peals and writs of error to the Federal courts as district courts of the United States, and for other purposes," approved February 26, 1853: Prorided, That the aggregate

the services they may perform double the fees and ihey would have had under the laws of the United compensation allowed said officers shall not exceed the compensation allowed by the act“ to regulate the States if this act liad been passed simultaneously amount provided for such oficers by said act.

fees and costs to be allowed clerks, marshals, and with the act admitting the State of Nevada into Sec.s. Sou be it further enaciel. That the third, fourth, and filth sections of me act of February 19, 1864, e

attorneys of the circuit and district courts of the the Union. titled "An act intendatory of, and supplementary to, an

United States, and for other purposes," approved These are in substance the two sections recomact to provide circuit courts for the districts of California February 26, 1853. The committee were not satis- mended by the committee in lieu of those stricken And Oregon, and for other purposes," approved March 3, fied that the marshal and district attorney of the out, and to some extent these two sections intro1863, shall be applicable to the appointment of special ses- United States for the district of Nevada should be duce new malter into the bill. Il is, however, in sions of the circuit courts in the districts of Nevida, and 10 the appointment of clerks and deputy clerks of the cir

entitled to double the fees provided for those offi- 1 regard to causes now pending in the Supreme euit courts of the districts of Nevida and Oregoni. And cers in the other portions of the United States. Court of the United States, in reference to which that the clerk o!ine circuit court in the districts of Nevada, No doube to some extent the expenses of living in the House of Representatives passed a bill some Oreron, und California shall be also clerk of the district

thal State are greater than they are in some other weeks since and sent it to us, the provisions of court in said districts, and shall receive forlike services the same tees and compensation which are allowed by law 10

States of the Union; but the committee thought || which bill we propose to embody in this, and to the clerks of the circuit and district courts of the United that it was not now a good time to increase sula- || go somewhat further, thinking that the House bill States for California: Procudell, That the clerk in ench of ries, even where it might be necessary to increase providing that the Supreme Court of the United faid districts shall be allowed by the Secretary of the Interior to retain of the fees and emoluments received byʻlim

them, and especially that it was not a good time States might go on and hear and determine causes as clerk of both courts, over and above the necessary ex- to put such a provision as that into this bill, it pending until United States courts were created penses of his offices and necessary clerk lire included, 10 being very desirable that this bill should pass in Nevada would not by any means give to parties be audited and allowed by the proper accounting officers of without having in it matter which would provoke their righis. In this bill we propose to create the the 'Treasury', only such sum per annuin as is now allowed

discussion. It also was objectionable to the comby law to the clerk of one of said courts, and shall pay the

proper district and circuit couris for that State, remainder into the public Treasury, under oath, in the man

mittee on the ground thai it provides this same and then provide that the causes now pending in her and under the regulations now preseribed by law. thing for the district of Oregon. We saw no reason the Supreme Court may be proce:ded with accord

Sec. 9. And be it further enacted, 'l'hat this ací shall take effect on tie Ist day of April next.

why the affairs of the State of Nevada, so far as ing to law, and remanded either to the district

the district and circuit courts are concerned, should court of the United States or to the supreme court And to insert in lieu thercof the following: be mingled with any question about the fees which of the State of Nevada as the necessities of the

Sec. 5. .Anul be il further enacted, That ilıe salary of the should be charged by the marshal and district al- case may require; and it is also provided in the district judge for the district of Nevada shall be $3,500 per aumuni, payable in four equal installments on the 1st days

torney for the district of Oregon. We thought it | amendment, which was not provided for by the of January, April, July, and October of each year; and the was matter not germane to this bill, and that it House bill, that the parties to judgments or demarslial and district attorney of the United States for said ought not to be in it. That was the reason why we crees which have been rendered or passed by the district shall severally be entitled to charge and receive, thought the seventh section ought to be stricken former territorial courts, although they have not for the services they may perforin, the fees and compensaout.

yet laken a writ of error or made an appeal, may, lion now allowed by law, 10 wit, by the act entitled " An act to regulate the fees and costs to be allowed clerks, mar

The eighth section provides that certain sec- notwithstanding the fact that they have not yet shals, and attorneys of the circuit and district courts of tions of a prior law, which are enumerated and availed themselves of their right in that particuthe United States, and for other purposes," approved Feb- described, shall be made applicable to the clerks lar, still avail themselves of that right as if these ruary 20, 1853, for similar services. The clerks of the said district and circuit courts shall be appointed in the manner

and deputy clerks of the circuit court and district courts had been created in the bill which admitted now prescribed by law for the appointment of such otheers, courts of Nevada and Oregon, and makes some Nevada as a State; because, without this legisThey shall be subject to the same rules and regulations, other provisions in regard in the fees of these offi- lation, parties who have had their causes tried · shall perform the same duties, and be entitled to charge and cers; but inasmuch as the committee thought that and disposed of in the territorial courts would not recrive the same fees and coinpensation as officers of like character in the other districts and circuits of the United

the fees of these officers should be the same as the have any right to bring a writ of error or take an Bintes for like services.

fees of like officers in the other States, there was appeal from those courts, but their judgments Sec.6. Arube it further enacteil, That all cases of appeal no occasion for that section to stand in the bill, would be final. The law of the United States is or writ of error beretofore prosecuted and now pending in the Supreme Court of the United States upon any record

and therefore they recommend that it be stricken that parties have a certain period of time, in some from the supreme court of the Territory of Nevada, may be out.

cases some years, lo prosecute a writ of error or heard and determined by the Suprenie Court of the United Then the only remaining section is the ninth, an appeal; and the committee saw no reason why States, and the mandate of execution or of further proceed- which provides that the act shall take effect on parties to judgments or decrees in the terriings shall be directed by the Supreme Court of the United the 1st day of April next. We thought it ex- torial courts of Nevada should not have the same States to the district court of the United States for the district of Nr Vida, or to the supreme court of the State of Ne

ceedingly objectionable, because, as I have sug. riglit and the same privilege. It was the fault of vada, as the nature of said appeal or writ of error may re- gestcu, there are causes now pending in the Su- | Congress (in which, of course, the Senate had its quire, and each of these courts shall be the successor of the preme Court of the United States coming from the share) in not giving to the State of Nevada a dissupreme court of Nevada Territory as to all such cases, with full power to hear and deterinine the saine, and to

Territorial courts of Nevada, which, the State hav. trict and circuit court when the Territory ceased award nesne or final process thereon. Aud from all judg

ing been admitted, have expired judicially; and to be a Territory and became a State. It was an ments and decrees of the supreme court of the Territory if this act does not take effect until April next, all | inadvertence, an omission; and the State ouglit of Nevada, prior to its admission into the Union as a state, these causes must fall.

not to sufler, neither ought parties who liave been the parties to said judginents and decrees shall have the

I have thus stated the reasons why the comsanie riglil to prosecuie appeals and writs of error 10 thie

litigating their rights in the Territory to suffer by Federal courts as they would have ind under the laws of mittee thought these several sections should be this omission or inadvertence on the part of Conthe United States if this act had been passer simultaneously stricken out, and I come now to explain the sec- gress. The committee deemed it but simple justice with the act admitting said State into the Union.

lions which we recommend in lieu of them. These that the causes which are pending and now in Mr. FOSTER. In regard to these amendments, two sections will make the fifth and sixth sections court should be provided for, and also that the the Committee on the Judiciary recommend the of the bill if they shall be acceptable to the Senale, rights of parties as existing under the law over striking out of the fifth, sixth, seventh, eighth, and if the bill shall pass.

the country everywhere else should be made the and ninth sections of the bill as it came from the The proposed fifih section provides for the dis- same within this Stale, and that they should have other House, and to insert in lieu thereof two trict judge a salary of $3,500, ihe amount which is their rights during the same period of time to other sections, which added to the first four goc- provided in the House bill. lithen prorides for the prosecute appeals and wrics or error.

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