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State in which Annapolis, the capital of the State, is situated, assembled in that city and requested that this should be done. Governor Hicks emphatically declined. Public meetings were then called in those portions of the State where the slaveholding interest predominated, demanding the assembling of the Legislature. Governor

HICKS refused to notice their demands. Shortly afterward the President of the Senate of Maryland and the Speaker of the House of Delegates, for themselves and in the name of their respective bodies, addressed him, urging that they should be convened. Governor HICKS stood like adamant, declaring that he saw no good reason for such action, and that Maryland was, and would be forever, for the Union. While thus beset at home he was also approached from beyond the limits of the State. After the Congress assembled here in December, 1860, the leading southern men who had seats in these Halls used all their efforts to inflame the minds of the people of Maryland to compel the Governor to assemble the Legislature. Commissioners were sent to him directly from the States of Alabama, Mississippi, and South Carolina, all urging that Maryland should move in the same column with them; but to no purpose. The polar star to Governor Hicks was his country, the union of these States. The waves of sectional strife rose higher and higher. State after State fell away from its allegiance. He stood firm. The day of the inauguration came. President Lincoln assumed the robes of office, and entered upon the discharge of the high duties of the Chief Magistrate of the United States. From many hearts in the loyal States, as well as from the loyal people of his own State, earnestly watching his course, and full of apprehensions, there rose up the prayer, "God bless Governor HICKS." The capital was still in the hands of the friends of the Union. The noble ship which soon was to drive into the storm and tempest of civil war, which have not and shall not destroy her, then, indeed, had made her most narrow escape from destruction on the hidden rocks of treachery and of treason. Sir, I doubt not that the impartial historian who shall hereafter write the story of the perils of the Republic will declare that the most critical period in its history was that which immediately preceded the inauguration of President Lincoln; that THOMAS HOLLIDAY HICKS, by the blessing of God at that time the Governor of Maryland, did more than any other man to save it from destruction.

I am aware, sir, that a few weeks later, when an infuriated mob, excited by rebel emissaries, and armed, took possession of the city of Baltimore, murdering the soldiers of the United States passing through to the capital, and raising a great commotion throughout the State, that Governor HICKS, having gone to that city to secure the peaceful passage through it of these troops, found himself in the power of this mob, and seemed to yield for a time in part to their demands. But never, even then, for a moment did he give up his devotion to his country, or counsel resistance to its laws. True, for a few days he besought the President not to pass troops through the State. This was done alone through apprehension that the scenes of that bloody day just passed would be again reenacted while he was powerless to prevent it, and that his beloved State and city would be laid waste with fire and sword, destroying the innocent with the guilty. I confess he was in error. I may safely say that subsequent events convinced him that he was in error; but it was an error of judgment only; and who is infallible? Never for the briefest space of time did he desire to aid the cause of the rebels, or intend to do aught to injure his country, or resist its laws. It is true, too, that he then convened the Legislature of Maryland; but this was done only after a revolutionary call for it to assemble in the city of Baltimore, similar to that which put the State of Texas into the attitude of rebellion, had been issued by one of the most influential members of the State Legislature, Coleman Yellott, now in the rebel confederacy. Governor Hicks, to prevent this revolutionary session which would have taken place in Baltimore, then in the hands of the secessionists, convened the Legislature at Frederick city, in the midst of a loyal population thoroughly roused, and with a local organized military force of nearly four hundred muskets. I have always thought that the assembling of the

him and endeared him to the people of Maryland was his unselfish and unyielding patriotism. In him was illustrated that patriotism which burned so purely in the hearts of the men of '76. There was no personal sacrifice which he deemed too great to be made for his country. This was particularly illustrated in his course on the question of emancipation. Though holding a considerable number of slaves at the breaking out of the rebellion, and entering into the war with the impression that it ought to be so conducted as not to interfere with

Legislature at that time and under those circumstances was a wise exercise of executive authority. It at once produced quiet in Maryland. It gave time for many who had been swept away by the first fierce gust of passion to indulge in "the sober second thought," and to return to their allegiance. The Legislature, too, was powerless for mischief. They dared not, even if they had desired, while the loyal citizens of western Maryland thronged in their halls, and scowled defiance in their faces, put the State of Maryland into an attitude of hostility to the General Gov-slavery, yet when he became convinced, as he ernment. As my venerable colleague who sits behind me [Governor THOMAS] once said in this House, they would have been hurled from their windows upon the glistening bayonets below; and well they knew it.

Within ten days after the massacre of the troops in Baltimore Governor Hicks was in cordial and earnest cooperation with the national authorities in this city, and a few days later issued his proclamation calling for four Maryland regiments to march to its defense.

Mr. Speaker, however much others may have doubted or may now doubt the loyalty of Governor Hicks because of this one error during that terrible week, the Union-loving people of Maryland, who knew him well, never for one moment lost confidence in his patriotism. No man, since the days of the Revolution, has lived in Maryland who has had so entirely the confidence and affection of the patriotic people of that State as Governor Hicks. They have loved him with a pure and an ardent affection. They have trusted him without an apprehension or a doubt. He was their pilot in the hour of deepest gloom and most threatening danger. They gathered around him as the exponent of their principles and the worthy representative of their love of country; and when the sad news went out from this city that he was no more there were thousands of eyes in his native State, that had never seen him, dimmed with tears, and thousands of hearts filled with sorrow for his loss. And to-day the Governor and Legislature of his State, as well as the corporate authorities of its great metropolis, fully representing the people in their action, are here in the Capitol of the nation to pay the last tribute of respect to his memory, not as a matter of form, not to join in an empty pageant, but as exhibiting the love and reverence of the entire people of the State for his character and their sincere sorrow for his death. With them I desire to pay my humble tribute to his worth, and to drop a sorrowing tear on his grave.

A few words more in regard to the character of my colleague and I am done. Governor HICKS was entirely a self-made man. He toiled up the mountain-side unaided, and reached height after height through his own manly exertions; but never did he break the bond which bound him to the people on the plain. He was essentially a man of the people; of them and from them, his instincts, his sympathies, his affections, were all with them, and his exertions and labors in their behalf. The poorest and most friendless boy received from him as kindly a welcome as the men who held the most influential and important stations. The last note that I ever received from him, only a few days before his death, was written to ask my aid for a poor man, a sailor disabled in the service of his country, and in which he regretted that his health would not permit him personally to render him such assistance as he desired. Governor Hicks, from the character of his early pursuits, had no opportunity for cultivating a taste for books, and was consequently not a man of general reading or information; yet he possessed great natural sagacity, had a broad and well-balanced mind, and easily mastered any subject to which he turned his attention. He thoroughly understood the political history of the country. There was nothing narrow or illiberal in his character, and his catholic spirit showed itself in almost every action of his life. He was generous and sincere, quick to forgive, and never cherished resentments. Though his mind was not quick in its perceptions and conclusions, yet when he had reached such conclusion, he was as firm as a rock, fixed as the hills. No word of suspicion has ever been breathed against his integrity. He was an honest man, "The noblest work of God."

That, however, which has most distinguished

afterward did, that the most vulnerable point in the rebellion was slavery, and that if we would crush the rebellion we must strike at and crush slavery, he did not hesitate to favor this policy both by the General Government and by his own State. A year ago he favored the constitutional amendment lately passed abolishing slavery throughout the United States, and was the earnest friend of immediate emancipation in Maryland, voting himself for the free constitution and urging others to unite with him in its support.

But he has gone, never to return. To-day the grave will close on his mortal remains. For the monument which shall rise above his remains, he has prepared his own epitaph. Addressing the people of Maryland by proclamation, in the midst of the dangers which encircled them in June, 1861, he said:

"In the course of nature I cannot have long to live, and I fervently trust to be allowed to end my days a citizen of this glorious Union. But should I be compelled to witness the downfall of that Government inherited from our fathers, established as it were by the special favor of God, I will at least have the consolation at my dying hour that I neither by word nor deed assisted in hastening its disruption."

Sir, let this sublime paragraph be engraved on his tomb. It shall live when the marble shall have crumbled and mingled with his dust. And let us, the living, learn lessons of patriotism from his proud example, for though dead he yet liveth. I offer the following resolutions:

Resolved, That this House has heard with deep sensibility the announcement of the death of Hon. THOMAS HOLLIDAY HICKS, a Senator in Congress from the State of Maryland.

Resolved, That as a testimony of respect for the memory of the deceased, the members and officers of this House will wear the usual badge of mourning for thirty days.

Resolved, That the proceedings of this House, in relation to the death of Hon. THOMAS HOLLIDAY HICKS, be communicated to the family of the deceased by the Clerk.

Resolved, That this House will, as a body, repair to the Senate Chamber to attend the funeral of the deceased, and upon its return to the Hall that the Speaker declare the House adjourned.

Mr. CRESWELL. Mr. Speaker, duty imposes no unwilling task when it demand's my humble tribute to the memory of the lamented deceased. The praises due to a long career of honor and usefulness are always freely lavished upon the grave. The stranger in seeking to give utterance only to his admiration for the public life and character of the dead, will be content with the employment of merely formal and conventional terms of respect. But the hand of affection in its anxious desire to keep fresh and green a cherished memory, would fain pluck from heaven a sprig of the immortal amaranth, and plant it upon the grave where the loved one sleeps, in the hope, fond though vain, that even the tomb may be thus clothed with the freshness and the bloom of eternal beauty.

My colleague, who has preceded me, has spoken of what Governor HICKS has accomplished for his State and country. It is eminently proper that the record of his public life should on this occasion be reviewed and commended. But mine is a more sacred office. I represent the county of his nativity, wherein he spent his long life, surrounded by the friends and associations of his youth. Among my constituents are those who were captivated by his generous heart long before the days of his political triumphs; those who regarded him, when living, with unselfish love, and who, now that death has stricken him down, will receive the sad tidings with tears of profound regret. It is my duty to attempt in some measure to soothe the grief and to mitigate the sorrow of his family and personal friends.

I have not known Governor HICKS as long as my friend who to-day has made the formal announcement of his decease. My personal acquaintance began late in the year 1861, but long before

the day of his death, notwithstanding our disparity in years, his many generous qualities, combined with his fervent patriotism, had won my affection and sincere esteem. I am not ashamed to confess to the humblest of his friends that I, too, have wept over his unexpected and painful death.

We who knew him well, who freely mingled with him in social intercourse, who think we understood his nature and fairly appreciated his faults as well as his virtues, are unwilling that posterity, in making an estimate of the character of Governor HICKS, shall be confined to the dry details of the historian.

"History preserves only the fleshless bones

Of what we are, and by the mocking skull The would-be wise pretend to guess the features! Without the roundness and the glow of life How hideous is the skeleton! Without The colorings and humanities that clothe Our errors, the anatomists of schools Can make our memory hideous." THOMAS HOLLIDAY HICKS was no scholar, no orator. Notwithstanding the many disadvantages under which he labored, it is safe to say that no man has exerted a greater influence on the politics of Maryland, or has accomplished more for the good of his State and fellow-citizens in his day and generation than he. He chose his party because of his approval of the principles which it proclaimed, and then gave it his entire and cordial support. A disciple of Henry Clay, he accepted the teachings of the Sage of Ashland as the axioms of his political creed. He was first a Democrat of the old school, then a Whig, then an American, and on the formation of the Union party he threw his whole soul into that movement and labored unceasingly to promote its success. To all the parties to which he was successively attached he rendered the most important services. He was always looked up to as a leader, and always did

the work of a leader.

Yet he was not a brilliant man in any respect. His great distinguishing mental characteristic was his intuitive knowledge of human nature, and his great capacity for the management of men. His mind was eminently practical, and he dealt with men and things as they were. He sometimes entered into public discussions on the hustings, and frequently exhibited great tact and astuteness in debate. He proclaimed his sentiments every where, and never ceased to inculcate what he believed to be the truth. But the great arena of his triumphs was the social circle. Wheresoever known, he had so completely the confidence of men of every position in life, high as well as low, that his views were often quoted as having the weight of authority. The people of his own county seemed to hang with pleasure on his words and to delight in paying him honor.

His house at Appleby was open to all the world, and especially was it the refuge of the afflicted. He was the friend and counselor of all in trouble. His purse was open to every meritorious demand for assistance. Although free from all ostentation and for many years in receipt of a respectable income, his boundless charities and his disposition to aid others kept him continually in straitened circumstances. He was in truth the friend and benefactor of the poor, not only ministering to their wants, but ever lending them a willing sympathy.

"When that the poor have cried, Cæsar hath wept."

Even his political enemies acknowledged his manifold and unwearied kindnesses, and his excellent qualities as a man and a neighbor. So clear and pure was he in all the relations of private life that even malice was compelled to bear witness to his exalted worth.

THOMAS HOLLIDAY HICKS was Governor of his native State in the early stages of the rebellion. His management of State affairs during that period has been subjected to the severest scrutiny and to the most unfair criticism. It has been the habit to talk of him and his conduct as if he had nothing to do but to call his friends around him and summon the military of the State to the defense of the national capital. Alas! in that hour of sore trial his friends were beyond the sound of his voice, and the military were in arms against their country. Those who clustered about him to proffer advice were his life-long enemies. The host which gathered at his hotel was a hooting mob, yelling like demons and threatening to hang him to the nearest lamp-post. Blood had already been shed; treason was rife; civil war was fla

The

grant. The dead of a sister State, foully slain by traitors in the streets of Baltimore, had been counted as the first mangled and blood-stained victims of rebellion. Secession was fully armed. Much of the machinery of government was in the hands of rebels. Everything was uncertain. Men in high places were no longer to be trusted. The Union sentiment was utterly without organization and was taken totally by surprise. Governor stood alone among his foes. Then the tempters said to him, "Let us avoid bloodshed among Marylanders, let us prevent war in our streets, let us have peace among ourselves." He cared not for himself, and they knew it; but they appealed to his love for his people, and exhorted him to quiet the excitement and prevent further strife and massacre. It was a time of great doubt and peril, such as comes but once in centuries. He postponed the demands of the national Gov- || ernment until the loyal sentiment of the people should gain confidence and find its voice. Of all those who censure him, who would have done better? Our sturdy old Governor never for a single moment sympathized with treason in any form, or even doubted as to the plain path of duty. His was never the heart of a traitor. The best evidence of his fidelity may be found in the unwavering devotion of all his life. He had not a hope for himself, his children, his friends, or his country, that was not based upon the integrity and perpetuity of the Union. If it be true that the eye when glazing in death is endowed with prophetic vision, I doubt not that his dying moments were cheered by the joyful prospect, soon to be revealed to us, of peace and happiness won by valor and restored by victory.

His days are numbered. The whole of his career is before the world. Men may now pass judgment upon another fellow-mortal who has gone from earth. If we approach his bier and look down upon the mortal remains of THOMAS HOLLIDAY HICKS, and then recount the whole story of his life and death, we must in justice say, "Nothing is here for tears, nothing to wail

Or knock the breast; no weakness, no contempt,
Dispraise, or blame; nothing but well and fair,
And what may quiet us in a death so noble."

Mr. SMITHERS. Mr. Speaker, a good man has been gathered unto his fathers, and it is meet that I should lay upon his bier a simple testimonial of respect and gratitude.

Though it may not be permitted me to call him great, yet if incorruptible integrity, unostentatious piety, and unwavering devotion to his country be worthy to be imitated or admired, then may it be truly said that THOMAS HOLLIDAY HICKS has not lived in vain. Born with no accidental advantage of wealth, blessed with no culture of liberal education, he so demeaned himself in all the relations of life as to secure the affection and confidence of his fellow-men, who having committed to him the discharge of minor official duties, elevated him to the position of Governor of Maryland; and in the darkest hour of the peril of the Republic he held in his hands the welfare of his native State.

How well he executed his trust, how faithfully he administered his high office, the appreciation of the living manifests, and the approval of posterity will attest. Had he yielded to the blandishments of base conspirators, had he blenched before the storm of indignation that assailed him, no human power could have averted from Maryland the miseries of civil strife. His fidelity baffled the designs of domestic traitors and checked the progress of rebellion; his temporizing policy held treason in suspense, and gave opportunity to the loyal North to rush to the succor of this threatened capital; and that we sit here to-day, in this Council Chamber of the nation, is due, perhaps, under the favor of the Almighty, to the faithfulness of him whom we mourn. Over the grave of such a man it is pardonable to linger with unwonted regret; but while we pay this tribute of honor to his memory, let us rest in confidence that history will record his virtues, and in assurance that, after a well-spent life, he has calmly passed to the enjoyment of a Christian immortality.

dom; and my State is largely indebted to the late Senator THOMAS HOLLIDAY HICKS. It has therefore been thought fitting that I should add my humble word to what has been so appropriately said on this occasion.

In my many visits to Maryland during this trying period I became somewhat familiar with Senator, or Governor HICKS, as he was when I first knew him. I found him ever frank and courteous to his peers, and kind, kind but without condescension, to the young, the poor, and the humble. His intercourse with all was easy and natural, and his manners were but the fit expression of his manly nature. This is well attested by the constancy with which honors attended him. He whose death we mourn, dying as a Senator of the United States, was once a constable, and doubtless proud of the confidence in him exhibited by his fellow-citizens in electing him to this humble office; and from the day he entered upon its duties to the moment in which he breathed his last, and passed gladly to the bosom of his Maker, the badge of office attested how fully he enjoyed the confidence, the increasing confidence, of the people among whom he lived. It has been said, and I apprehend with perfect truth, that during this long career no man ever doubted his integrity.

It seemed to me, sir, as I listened to the rapid sketch of his biography, that he was a chosen instrument in the hands of Providence for our good. The Almighty sees the end from the beginning. It is not so with men; and the wealthy, the powerful, the arrogant, and the aristocratic land and slave owners among whom this poor child was born did not foresee, when they gave him their confidence, and made him first constable, then sheriff, and then promoted him from stage to stage, that they were qualifying him to be the power to curb their aspirations and control the destiny of their descendants. They did not foresee that they were training in that honest farmer boy a man who, by his will, should contravene their ambitious purposes and determine whether the capital of the country should remain so, or become the capital of a foreign and despotic confederacy. Yet more potent than any hundreds of men was Governor HICKS in the decision of that question.

It is said that he wavered about the time that that question was pending in nicest balance. No man will say that his loyalty yielded. The utmost that can be said is, that in a period of revolutionary excitement, when the armed men around him were all the foes of his cause, when those whom the people of his State had invested with power and indicated as his counselors all entertained views different from his, and when those who loved the Union came to him with multiplied and diverse counsels, his judgment was for a moment bewildered. His instincts, his purposes, were ever true and patriotic. His caution, his courage, his will, his devotion to the cause, saved Maryland to the Union, in the crisis, and so secured the inauguration of the President of the country in its capital, and enabled the North to maintain him there without interval. In doing this he saved Maryland, Delaware, and southeastern Pennsylvania from becoming the Belgium of this terrible war; and his name will be dear to the future people of Pennsylvania and of Delaware, as it is to-day to those of his native State.

I shall not attempt a sketch of his biography. I shall utter no formal words of eulogy. His life, his character, his deeds, are among the richest treasures of his native State. Let them be faith

fully told. History has been to me through life valuable only as it gave me an insight into the characters and motives of its actors. Let Maryland tell with pride the story of THOMAS HOLLIDAY HICKS. Let her speak of his humble origin. Let her say that slavery denied him the advantages even of the cheap country school. And let her show how, in spite of all the curses inflicted on man by that institution, he became what he was; and she will not only illustrate the beneficence of our republican institutions, but gladden the heart of many a poor father and mother and quicken the pulse and embolden the spirit of the poor and aspiring boy through countless generations. THOMAS HOLLIDAY HICKS was a poor farmer's boy. He entered on his official career a constable. He died a Sen

Mr. KELLEY. It has, by their kindness, been my privilege to participate with some frequency || ator; and a grateful nation mourns his death. I in the protracted and sometimes intense struggle of the people of Maryland for the Union and free- ||logy no power to these brief words.

apprehend that rhetoric can add no force and eu

The question was taken, and the resolutions were unanimously adopted.

The SPEAKER. The Chair will state that, by the operation of the resolutions, there will be no evening session to-day. The Chair is requested by the committee of arrangements on the part of the Senate to state that carriages have been provided for all the members of the House who may desire to go to the Cemetery to perform the last sad rites to the deceased Senator from Maryland.

Thereupon the members of the House, headed by the Speaker and Clerk, and preceded by the Sergeant-at-Arms, marched, two by two, to the Senate Chamber.

After the return from the Cemetery the House adjourned.

IN SENATE.

THURSDAY, February 16, 1865. Prayer by Rev. THOMAS BOWMAN, D. D., Chaplain of the Senate.

The Journal of yesterday was read and approved.

EXECUTIVE COMMUNICATION.

The PRESIDENT pro tempore laid before the Senate a report of the Secretary of War communicating, in compliance with a resolution of the Senate of December 19, 1864, copies of reports made by Major General Herron of inspections in the department of Arkansas; which was read, and ordered to lie on the table.

PETITIONS AND MEMORIALS.

Mr. GRIMES. I present a petition signed by Rear Admiral David D. Porter and divers and sundry lieutenant commanders and commanders on the active list of the United States Navy, who represent that the pay of their respective grades and duties as established by law for a naval peace establishment, prior to and at the beginning of the present war with rebels, was greatly reduced by the act of Congress approved July 16, 1862, which was passed while they, or nearly all of them, were engaged in the arduous duties consequent upon an extended blockade, or in active hostilities with the enemy. They therefore pray that so much of the act of Congress to "establish and equalize the grades of the line officers of the Navy," approved July 16, 1862, as relates to the pay of captains and commanders, and of the pay at sea of lieutenant commanders, (previously recognized as lieutenants commanding,) may be repealed so as to restore to their respective grades and duties the pay to which they were entitled and received prior to the passage of that act. I move the reference of this petition to the Committee on Naval Affairs.

The motion was agreed to.

Mr. POMEROY. I present the petition of Richard Foster, a colored man, who represents that he has been in the United States service for two or three years and has lost a leg, but he was never mustered into the service, so that he cannot claim a pension; but he asks for some compensation in order that he may be able to procure a cork leg; and he also asks for a further consideration to enable him to go to school. I move that the petition be referred to the committee on slavery and freedmen.

The motion was agreed to.

Mr. BROWN. I present a memorial from the State convention of Missouri, asking Congress to make an appropriation to pay the amount expended by the State of Missouri in military equipments. I will state in presenting this memorial that a bill to that effect has already passed the Senate, and I therefore move that the memorial lie on the table.

The motion was agreed to.

Mr. MORGAN. I present a petition of citizens of New York, in which they respectfully pray for the enactment of a law preferring for appointments to all inferior offices persons honorably discharged from the military or naval service of the United States, who shall have served for a period of three years during the present rebellion, or who shall have suffered permanent disability while in the service, or who shall be held one year as prisoners of war, and that the tenure of such office be for life or during good behavior. This petition is signed by General Winfield Scott, Peter Cooper, General Dix, and three thousand six hundred other persons in the

city of New York. I move that it be referred to the Committee on Military Affairs and the Militia.

The motion was agreed to.

Mr. LANE, of Kansas, presented a petition of officers of the seventh Army corps, praying for an increase of the pay of Army officers; which was referred to the Committee on Military Affairs and the Militia.

Mr. WILKINSON presented a memorial of the Legislature of the State of Minnesota in favor of the extension of the mail route from Red Wing to Mantonville, so that there may be a tri-weekly mail from Red Wing via Mantonville, Ashland, Madison, and Lansing, to Austin, in that State; which was referred to the Committee on Post Offices and Post Roads.

He also presented a memorial of the Legislature of the State of Minnesota in favor of a mail route from Rochester via Salem, Union Springs, Ashland, and Oak Glen, to Geneva, in that State; which was referred to the Committee on Post Offices and Post Roads.

Mr. HARRIS presented a petition of citizens of Suffolk county, New York, praying for the establishment of a mail route from Manorville, via Eastport and Speonk, to Westhampton; which was referred to the Committee on Post Offices and Post Roads.

Mr. HENDERSON presented a memorial of citizens of the State of Missouri praying for the establishment of a fort or garrison near the southwest corner of that State; which was referred to the Committee on Military Affairs and the Militia. He also presentad a memorial of the constitutional convention of the State of Missouri in favor of the payment by the General Government of the military debt of that State incurred in the defense of the General Government; which was ordered to lie on the table.

Mr. COWAN presented a petition of manufacturers of paper, praying for a reduction of the duty upon all imported articles entering into the manufacture of paper equal to that on printing paper; which was referred to the Committee on Finance.

PAPERS WITHDRAWN.

On motion of Mr. POMEROY, it was

Ordered, That the petition and papers of Irwin P. Long, on behalf of the Wyandotte Indians, praying for an allow ance for discount and interest on bonds held by the United States in trust for that tribe, be withdrawn from the files of the Senate.

BILLS INTRoduced.

Mr. HOWARD asked, and by unanimous consent obtained, leave to introduce a bill (S. No. 449) making a grant of public lands to the State of Michigan to aid in the construction of a railroad along the mineral range in that State; which was read twice by its title, and referred to the Committee on Public Lands.

He also asked, and by unanimous consent obtained, leave to introduce a bill (S. No. 445) making a grant of alternate sections of public lands to the State of Michigan to aid in the construction of a ship-canal to connect Lake Superior with Portage lake in the upper peninsula of that State; which was read twice by its title, and referred to the Committee on Public Lands.

Mr. WILSON asked, and by unanimous consent obtained, leave to introduce a bill (S. No. 446) to increase the efficiency of the staff of the Army; which was read twice by its title, referred to the Committee on Military Affairs and the Militia, and ordered to be printed.

Mr. HARLAN asked, and by unanimous consent obtained, leave to introduce a bill (S. No. 447) to provide for the sale of rejected private land claims; which was read twice by its title, referred to the Committee on Public Lands, and ordered to be printed.

REPORTS FROM COMMITTEES.

Mr. COLLAMER, from the Committee on Post Offices and Post Roads, to whom was referred a petition of citizens of Kansas, praying that the mail route from Kansas City, Missouri, to Lawrence, Kansas, by way of Westport, Missouri, may be changed so as to run on the river road from Kansas City, Missouri, to Lawrence, Kansas, by way of the Junction House, asked to be discharged from its further consideration, it having been already provided for by law; which was agreed to.

He also, from the same committee, to whom was referred a memorial of John Graham, of New York, praying for compensation for services rendered in the transportation of the United States mail between New Orleans, Louisiana, and Key West, Florida, during the quarter ending July 1, 1855, asked to be discharged from its further consideration, and that it be referred to the Court of Claims; which was agreed to.

Mr. DIXON, from the Committee on the District of Columbia, to whom was referred the petition of the Mutual Fire Insurance Company of the District of Columbia, praying for an amendment of their charter, reported a bill (S. No. 444) to amend an act entitled "An act to incorporate the Mutual Fire Insurance Company of the District of Columbia," approved January 10, 1855; which was read, and passed to a second reading.

Mr. NESMITH, from the Committee on Military Affairs and the Militia, to whom was referred a joint resolution (H. R. No. 145) for the relief of Major McFarland, reported it adversely.

Mr. MORRILL, from the Committee on the District of Columbia, to whom was referred a bill (S. No. 409) to incorporate the Potomac Navigation and Transportation Company of the District of Columbia, reported it with an amend

ment.

Mr. ANTHONY, from the Committee on Claims, to whom was referred the memorial of John Ericsson, praying for compensation for services in the construction of the machinery and propeller of the United States steamer Princeton, submitted a report accompanied by a bill (S. No. 448) for the relief of John Ericsson. The bill was read and passed to a second reading, and the report was ordered to be printed.

Mr. HARLAN, from the Committee on Public Lands, to whom was referred the bill (S. No. 379) for the sale of timber lands in the State of California, asked to be discharged from its further consideration; which was agreed to.

Mr. FOSTER, from the Committee on the Judiciary, to whom was referred the bill (H. R. No. 657) to amend the third section of an act entitled "An act making appropriations for sundry civil expenses of the Government for the year ending the 30th day of June, 1865, and for other purposes, so far as the same relates to witnesses in the courts of the United States, reported it with an amendment.

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Mr. FOSTER. 1 am directed by the same committee, to whom was referred the bill (S. No. 362) to amend the third section of an act entitled "An act making appropriations for sundry civil expenses of the Government for the year ending the 30th of June, 1865, and for other purposes,' approved July 2, 1864, to report it without amendment, and to move that it be indefinitely postponed, inasmuch as it is provided for in the House bill which I have just reported.

The motion was agreed to.

Mr. HENDRICKS, from the Committee on Public Lands, to whom was referred the bill (S. No. 380) to give title to the occupants of lots ir cities and towns in the State of California, reported it with an amendment.

SUPPORT OF RECAPTURED AFRICANS. Mr. SUMNER. The Committee on Foreign Relations, to whom was referred the joint resolution (H. R. No. 143) to facilitate the adjustment of certain accounts of the American Colonization Society for the support of recaptured Africans in Liberia, have had the same under consideration, and have directed me to report it back to the Senate with a recommendation that it pass. As I presume there can be no objection to it-it is simply to direct the Secretary of the Interior to audit certain accounts-I ask that it may be acted upon at

once.

By unanimous consent, the Senate, as in Committee of the Whole, proceeded to consider the joint resolution, which directs the Secretary of the Interior to adjust and settle the accounts of the American Colonization Society for the support of recaptured Africans in Liberia, under contracts made for that purpose, under the authority of an act of Congress, approved June 16, 1860, on the principles of equity.

The joint resolution was reported to the Senate without amendment, ordered to a third reading, read the third time, and passed.

PORT OF PHILADELPHIA.

Mr. CHANDLER. The Committee on Com

merce, to whom was referred the bill (S. No. 410) to enlarge the port of entry and delivery for the district of Philadelphia, have directed me to report the same back with an amendment in the form of a substitute; and as it is merely to enlarge that collection district, I ask the unanimous consent of the Senate to consider it at the present time.

There being no objection, the Senate, as in Committee of the Whole, proceeded to consider the joint resolution.

The amendment of the Committee on Commerce was to strike out all of the original bill after the enacting clause, in the following words:

That the port of entry and delivery for the district of Philadelphia shall be bounded on the river Delaware by the present existing corporate limits of the city of Philadelphia, a thing in any former law to the contrary notwithstanding.

And to insert in lieu thereof:

That the port of entry and delivery for the district of Philadelphia shall be bounded on the river Delaware by Frankford creek on the north and Broad street on the south. And be it further enacted, That all acts or parts of acts conflicting with the provisions of this act be, and the same are hereby, repealed.

The amendment was agreed to.

The bill was reported to the Senate as amended, and the amendment was concurred in.

The bill was ordered to be engrossed for a third reading; was read the third time, and passed.

DEATH OF SENATOR HICKS.

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

Resolved, That the President pro tempore of the Senate be requested to communicate to the Executive of the State of Maryland information of the death of Hon. THOMAS H. HICKS, late a Senator from said State.

BILLS BECOME LAWS.

A message from the President of the United States, by Mr. NICOLAY, his Secretary, announced that he had approved and signed the following bill and joint resolutions:

A joint resolution (S. R. No. 91) appointing General Richard Delafield to be a regent of the Smithsonian Institution;

An act (S. No. 281) for the relief Alexander J. Atocha; and

A joint resolution (S. No. 106) providing for the compilation of a Congressional Directory.

MESSAGE FROM THE HOUSE.

Mr. DOOLITTLE. I desire to say to my friend from Connecticut that I intended this morning, during the morning hour, to call up two or three Indian bills. I do not wish to occupy any more time than is necessary; but there are some matters relating to the Indians of pressing import

ance.

Mr. FOSTER. I will say, in regard to this bill, that it is one that ought to be acted upon, because there are causes now pending in the Supreme Court which have been postponed by the court twice already, and are now postponed to the 27th of this month, which will drop unless we have this legislation.

Mr. DOOLITTLE. I will not object to it; but I wish to notify the Senate that I desire, after the passage of this bill, to occupy its attention for a very short time with Indian bills.

Mr. STEWART. When this bill is taken up there are various matters connected with it upon which I wish to be heard, and it will take some little time. It is a matter of great importance to the locality where we reside; it affects our State materially; but I presume there is no objection to its being taken up now.

The motion of Mr. FOSTER was agreed to, and the Senate, as in Committee of the Whole, proceeded to consider the bill (H. R. No. 640) providing for a district and a circuit court of the United States for the district of Nevada, and for other purposes. It provides that the State of Nevada shall hereafter constitute one judicial district, to be called the district of Nevada; and a district judge, a marshal, and a district attorney of the United States are to be appointed for the district. The district of Nevada is to be attached to and constitute a part of the tenth circuit. A term of the circuit court of the United States for the district is to be held in the city of Carson, in the State of Nevada, on the first Monday of March, and on the first Monday of August, and on the first Monday of December of each year. A term of the district court of the United States for the district is to be held at the city of Carson on the first Monday of February, and on the first Monday of May, and on the first Monday of October of each year.

The district court of the United States for the district of Nevada, and the judge thereof, are to possess the same powers and jurisdiction possessed by the other district courts and district judges of the United States, and be governed by the same laws and regulations. The circuit court of the United States for the district of Nevada, and the judge thereof, are to possess the same powers and jurisdiction in the district which are possessed by them in the other districts of the tenth circuit. Whenever the circuit judge of the tenth circuit is absent or from any cause is unable to hold in any district of his circuit a term of the circuit court appointed by law, it is to be the duty of the district judge of the district to hold such term; and the circuit courts held by the district

A message from the House of Representatives, by Mr. MCPHERSON, its Clerk, announced that the House requested the return of the joint resoJution (S. R. No. 42) to extend the time for the reversion to the United States of the lands granted by Congress to aid in the construction of a railroad from Pere Marquette to Flint, and for the completion of said road, for the purpose of correcting an error in the engrossment of the amend-judges are to possess the same jurisdiction and ment of the House to the joint resolution."

The Secretary was directed to return the resolution, in conformity with the request of the House of Representatives.

The message also announced that the House of Representatives had rejected the bill (S. No. 241) granting to the State of Wisconsin a donation of public land to aid in the construction of a ship-canal at the head of Sturgeon bay in the county of Door, in said State, to connect the waters of Green bay with Lake Michigan, in said State,

The message further announced that the House had passed the following bills of the Senate:

A bill (S. No. 392) supplementary to an act approved July 14, 1862, entitled "An act to establish certain post roads;" and

A bill (S. No. 413) to establish a bridge across the Ohio river at Cincinnati, Ohio, a post road. COURTS IN NEVADA.

Mr. FOSTER. I ask the Senate to take up House bill No. 640, reported from the Committee on the Judiciary.

Mr. SUMNER. What is the bill?

Mr. FOSTER. It is a bill providing for a district and circuit court of the United States for the district of Nevada, and for other purposes. There are special reasons why it should be considered

at once.

powers in all respects as when held by the circuit judge; but they are not to possess any jurisdiction to hear and determine any case or matter on appeal or writ of error, or transferred from the district court or any proceedings therein.

The district judge appointed for the district of Nevada is to receive as his compensation the sum of $3,500 a year, payable in four equal installments, on the 1st days of January, April, July, and October, of each year. The marshal and district attorney of the United States for the district of Nevada, and also for the district of Oregon, are severally to be entitled to charge and receive for the services they may perform double the fees and compensation allowed by the act to regulate the fees and costs to be allowed clerks, marshals, and attorneys of the circuit and district courts of the United States, and for other purposes, approved February 26, 1853; but the aggregate compensation allowed them is not to exceed the amount provided for such officers by that act. The third, fourth, and fifth sections of the act of February 19, 1864, entitled "An act amendatory of and supplementary to an act to provide circuit courts for the districts of California and Oregon, and for other purposes," approved March 3, 1863, are to be applicable to the appointment of special sessions of the circuit courts in the districts of Nevada, and to the appointment of clerks and deputy clerks of the circuit courts of the districts of Ne

vada and Oregon. The clerk of the circuit court in the districts of Nevada, Oregon, and California' is to be also clerk of the district court in those districts, and receive for like services the same fees and compensation which are allowed by law to the clerks of the circuit and district courts of the United States for California; but the clerk in each of those districts is to be allowed by the Secretary of the Interior to retain of the fees and emoluments received by him as clerk of both courts, over and above the necessary expenses of his offices and necessary clerk hire included, to be audited and allowed by the proper accounting officers of the Treasury, only such sum per annum as is now allowed by law to the clerk of one of those courts, and is to pay the remainder into the public Treasury, under oath, in the manner and under the regulations now prescribed by law. This act is to take effect on the 1st day of April

next.

The Committee on the Judiciary reported the bill with amendments. The first amendment of the committee was in section four, line four, to strike out the words "which are possessed by them," and to insert "which are vested in said court and said judge," so that the section will read:

That the circuit court of the United States for the said district of Nevada, and the judge thereof, shall possess the same powers and jurisdiction in said district which are vested in said court and said judge in the other districts of the tenth circuit.

The amendment was agreed to.

Mr. STEWART. I am opposed to all the amendments reported by the committee. So far as this one is concerned, it is a mere matter of verbiage; I think the bill as it came from the House of Representatives is as near perfect as we shall be able to get it, and the amendments are so unimportant that I think it unnecessary to send the bill back to the House.

The PRESIDENT pro tempore. The next amendment will be read.

Mr. STEWART. Did the Chair declare the first amendment adopted?

The PRESIDENT pro tempore. It did; but it will come up again in the Senate.

Mr. CONNESS. That will necessarily confine the discussion that may be had to the terms of the amendment that has been adopted.

The PRESIDENT pro tempore. The whole bill will come up afterward in the Senate, and will be open for discussion in every point as it progresses.

Mr. CONNESS. I understand that the Senator from Nevada was on the floor before the Chair had declared the result.

The PRESIDENT pro tempore. The Chair had declared it; but the Chair will put the question again if it is desired.

Mr. CONNESS. I feel some interest in this bill, and I prefer that the discussion should take place upon it before the vote shall be taken upon the adoption of the amendments reported by the committee.

The PRESIDENT pro tempore. The Chair will regard the vote on the first amendment as reconsidered, and it is now open for discussion.

Mr. STEWART. Mr. President, I should like to hear from the members of the committee who have reported these amendments their rea sons for wishing to change the original bill in such important particulars. I should like to know the reasons, so that we may have some further light on the subject, because the amendments seem to me liable to grave objection. I do not think the bill is improved by the amendments.

The PRESIDENT pro tempore. The question now is on the first amendment.

Mr. FOSTER. It may be quite impossible for me to satisfy the honorable Senator from Nevada that either one of these amendments ought to be adopted. As it regards the one now before the Senate, which is to amend the fourth section by striking out the words "which are possessed by them," and inserting in lieu of them the words "which are vested in said court and said judge," I can only say that any gentleman who had in his early life an opportunity of reading a book called Lindley Murray's Grammar, will see, I think, the great propriety of that amendment. The section now reads thus:

That the circuit court of the United States for the said district of Nevada, and the judge thereof, shall possess the same powers and jurisdiction in said district which are posscssed by them in the other districts of the tenth circuit.

I believe the distinguished author to whom I have referred-Lindley Murray-does not consider that good grammar; and to strike out the words "which are possessed by them" and insert in lieu thereof "which are vested in said court and said judge" of the other districts of the tenth circuit, will make it good grammar, and will make it mean precisely what the writer intended it to mean when he wrote it as it stands.

The amendment was agreed to.

The next amendment was to strike out sections five, six, seven, eight, and nine, as follows:

Sec. 5. And be it further enacted, That whenever the eircuit judge of the tenth circuit is absent or from any canse is unable to hold in any district of his circuit a terin of the eircuit court appointed by law, it shall be the duty of the district judge of the district to hold such term; and the cireuit courts held by the district judges shall possess the same jurisdiction and powers in all respects as when held by the circuit judge: Provided, That they shall not possess any jurisdiction to hear and determine any case or matter on uppeal or writ of error, or transferred from the district court, O any proceedings therein.

SEC. 6. And be it further enacted, That the district judge appointed for the district of Nevada shall receive as his compensation the sum of $3,500 a year, payable in four equal installments, on the 1st days of January, April, July, and October, of each year.

SEC. 7. And be it further enacted, That the marshal and district attorney of the United States for said district of Nevada, and also for the district of Oregon, shall severally be entitled to charge and receive for the services they may perform double the fees and compensation allowed by the act entitled "An act to regulate the fees and costs to be allowed clerks, marshals, and attorneys of the circuit and district courts of the United States, and for other purposes," approved February 26, 1853: Provided, That the aggregate compensation allowed said officers shall not exceed the amount provided for such officers by said act.

SEC.S. And be it further enacted. That the third, fourth, and fifth sections of the act of February 19, 164, entitled "An act amendatory of, and supplementary to, an act to provide circuit courts for the districts of California and Oregon, and for other purposes,” approved March 3, 1863, shall be applicable to the appointment of special ses sions of the circuit courts in the districts of Nevada, and to the appointment of clerks and deputy clerks of the circuit courts of the districts of Nevada and Oregon. And that the clerk of the circuit court in the districts of Nevada, Oregon, and California shall be also clerk of the district court in said districts, and shall receive for like services the same fees and compensation which are allowed by law to the clerks of the circuit and district courts of the United States for California: Provided, That the clerk in each of said districts shall be allowed by the Secretary of the Interior to retain of the fees and emoluments received by him as clerk of both courts, over and above the necessary expenses of his offices and necessary clerk hire included, to be audited and allowed by the proper accounting officers of the Treasury, only such sum per annum as is now allowed by law to the clerk of one of said courts, and shall pay the remainder into the public Treasury, under oath, in the manner and under the regulations now prescribed by law. SEC. 9. And be it further enacted, That this act shall take effect on the 1st day of April next.

And to insert in lieu thereof the following: SEC. 5. And be it further enacted, That the salary of the district judge for the district of Nevada shall be $3,500 per annum, payable in four equal instaliments on the 1st days of January, April, July, and October of each year; and the marshal and district attorney of the United States for said district shall severally be entitled to charge and receive, for the services they may perform, the fees and compensation now allowed by law, to wit, by the act entitled "An act to regulate the fees and costs to be allowed clerks, marshals, and attorneys of the circuit and district courts of the United States, and for other purposes," approved February 26, 1853, for similar services. The clerks of the said district and circuit courts shall be appointed in the manner now prescribed by law for the appointment of such officers. They shall be subject to the same rules and regulations, shall perform the same duties, and be entitled to charge and receive the same fees and compensation as officers of like character in the other districts and circuits of the United States for like services.

Sec.6. And be it further enacted, That all cases of appeal or writ of error heretofore prosecuted and now pending in the Supreme Court of the United States upon any record from the supreme court of the Territory of Nevada, may be heard and determined by the Supreme Court of the United States, and the mandate of execution or of further proceedIngs shall be directed by the Supreme Court of the United States to the district court of the United States for the district of Nevada, or to the supreme court of the State of Nevada, as the nature of said appeal or writ of error may require, and each of these courts shall be the successor of the supreme court of Nevada Territory as to all such cases, with full power to hear and determine the same, and to award mesne or final process thereon. And from all judgments and deerees of the supreme court of the Territory of Nevada, prior to its admission into the Union as a State, the parties to said judgments and decrees shall have the same right to prosecute appeals and writs of error to the Federal courts as they would have had under the laws of the United States if this act had been passed simultaneously with the act admitting said State into the Union.

Mr. FOSTER. In regard to these amendments, the Committee on the Judiciary recommend the striking out of the fifth, sixth, seventh, eighth, and ninth sections of the bill as it came from the other House, and to insert in lieu thereof two other sections, which added to the first four Esc

tions of the bill will in the judgment of the committee make the bill fit and proper for the purpose for which it was intended. The fifth section, one of those which they propose to strike out, provides that whenever the circuit judge of the tenth circuit is absent and cannot hold the circuit court for the term, the judge of the district court shall hold the circuit court in lieu of the circuit judge. That is provided for by the general law. That is the law now. In regard to all the circuits in the United States, if the judge of the circuit court is unable to attend, the district judge holds the circuit court; so that the fifth section is unnecessary, because the law now is the same as it will be if that section stands.

The sixth section, which it is proposed to strike out, provides for the salary of the district judge, but that is provided for by the amendment and put in another connection; it is not necessary, therefore, that that section should stand. It was stricken out merely for the purpose of having the sections together stricken out, and not because the committee do not embody the same provision in the amendment which they report. The salary is provided for in the amendment in the same manner precisely that it is in the sixth section.

Then the seventh section, which the committee propose to strike out, provides that the marshaland district attorney of the United States for the district of Nevada and also for the district of Oregon shall severally be entitled to charge and receive for the services they may perform double the fees and compensation allowed by the act "to regulate the fees and costs to be allowed clerks, marshals, and attorneys of the circuit and district courts of the United States, and for other purposes," approved February 26, 1853. The committee were not satisfied that the marshal and district attorney of the United States for the district of Nevada should be entitled to double the fees provided for those officers in the other portions of the United States. No doubt to some extent the expenses of living in that State are greater than they are in some other States of the Union; but the committee thought that it was not now a good time to increase sularies, even where it might be necessary to increase them, and especially that it was not a good time to put such a provision as that into this bill, it being very desirable that this bill should pass without having in it matter which would provoke discussion. It also was objectionable to the committee on the ground that it provides this same thing for the district of Oregon. We saw no reason why the affairs of the State of Nevada, so far as the district and circuit courts are concerned, should be mingled with any question about the fees which should be charged by the marshal and district attorney for the district of Oregon. We thought it was matter not germane to this bill, and that it ought not to be in it. That was the reason why we thought the seventh section ought to be stricken

out.

fees of the marshal and district attorney, declaring that they shall be entitled to charge and receive for the services they may perform the fees and compensation now allowed by law to officers of the same character in the other districts and States of the United States, and the same in regard to the clerks of the district and circuit courts; that these officers shall be subject to the same rules and regulations, and perform the same duties and be entitled to charge the same fees as officers of like character in the other districts and circuits of the United States for like services.

Then the new sixth section provides that all cases of appeal or writs of error heretofore prosecuted and now pending in the Supreme Court of the United States, upon any record from the supreme court of the Territory of Nevada, may be heard and determined by the Supreme Court of the United States, and the mandate of execution or of further proceedings shall be directeu by the Supreme Court of the United States to the district court of the United States for the district of Nevada, or to the supreme court of the State of Nevada, as the nature of the appeal or writ of error may require. This section further provides that from all judgments and decrees of the supreme court of the Territory of Nevada prior to the admission of that Territory into the Union as a State, the parties to those judgments and decrees shall have the same right to prosecute appeals and writs of error to the Federal courts as they would have had under the laws of the United States if this act had been passed simultaneously with the act admitting the State of Nevada into the Union.

These are in substance the two sections recommended by the committee in lieu of those stricken out, and to some extent these two sections introduce new matter into the bill. It is, however, in regard to causes now pending in the Supreme Court of the United States, in reference to which the House of Representatives passed a bill some weeks since and sent it to us, the provisions of which bill we propose to embody in this, and to go somewhat further, thinking that the House bill providing that the Supreme Court of the United States might go on and hear and determine causes pending until United States courts were created in Nevada would not by any means give to parties their rights. In this bill we propose to create the proper district and circuit courts for that State, and then provide that the causes now pending in the Supreme Court may be proceeded with according to law, and remanded either to the district court of the United States or to the supreme court of the State of Nevada as the necessities of the case may require; and it is also provided in the amendment, which was not provided for by the House bill, that the parties to judgments or decrees which have been rendered or passed by the former territorial courts, although they have not yet taken a writ of error or made an appeal, may, notwithstanding the fact that they have not yet availed themselves of their right in that particular, still avail themselves of that right as if these courts had been created in the bill which admitted Nevada as a State; because, without this legis

The eighth section provides that certain sections of a prior law, which are enumerated and described, shall be made applicable to the clerks and deputy clerks of the circuit court and district courts of Nevada and Oregon, and makes some other provisions in regard to the fees of these offi-lation, parties who have had their causes tried cers; but inasmuch as the committee thought that the fees of these officers should be the same as the fees of like officers in the other States, there was no occasion for that section to stand in the bill, and therefore they recommend that it be stricken

out.

Then the only remaining section is the ninth, which provides that the act shall take effect on the 1st day of April next. We thought it exceedingly objectionable, because, as I have suggested, there are causes now pending in the Supreme Court of the United States coming from the territorial courts of Nevada, which, the State having been admitted, have expired judicially; and if this act does not take effect until April next, all

these causes must fall.

I have thus stated the reasons why the committee thought these several sections should be stricken out, and I come now to explain the sections which we recommend in lieu of them. These two sections will make the fifth and sixth sections of the bill if they shall be acceptable to the Senate, and if the bill shall pass.

The proposed fifth section provides for the district judge a salary of $3,500, the amount which is provided in the House bill. It then provides for the

and disposed of in the territorial courts would not have any right to bring a writ of error or take an appeal from those courts, but their judgments would be final. The law of the United States is that parties have a certain period of time, in some cases some years, to prosecute a writ of error or an appeal; and the committee saw no reason why the parties to judgments or decrees in the territorial courts of Nevada should not have the same right and the same privilege. It was the fault of Congress (in which, of course, the Senate had its share) in not giving to the State of Nevada a district and circuit court when the Territory ceased to be a Territory and became a State. It was an inadvertence, an omission; and the State ought not to suffer, neither ought parties who have been litigating their rights in the Territory to suffer by this omission or inadvertence on the part of Congress. The committee deemed it but simple justice that the causes which are pending and now in court should be provided for, and also that the rights of parties as existing under the law over the country everywhere else should be made the same within this State, and that they should have their rights during the same period of time to prosecute appeals and writs of error.

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