The Congressional Globe, Volume 14: Twenty-Eighth Congress, Second Session Page: 143
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CONGRESSIONAL GLOBE.
143
farther solicitude on the part of that gentleman, he
would tell him that a communication might be ex-
pected in a short time; that was to say, in time for
the action of Congress upon that subject. He saw
it stated in the Globe of this morning, with a very
strong commentary • upon it, that he had spo-
keft of an attempted negotiation; and had in-
timated what was the character of the result of that
negotiation. Now, he employed no such expres-
sion as that of "an attempted negotiation." It
would have implied an entire want of just expres-
sion on his part to have done so. An attempted ne-
gotiation would have implied a negotiation which
had not really been in progress; but he knew very
well that a negotiation was in progress, and he
spoke of the communication that might be expected,
without at all alluding to the character of the result
of the negotiation, or intimating that it had reached a
result, for the plain reason that he knew very well it
had not reached a result.
What he did state, and he would repeat it, was,
that a communication which would answer the reso-
lution of the honorable senator from Ohio [Mr. Al-
len] would be made to Congress in a short time;
meaning, by that, in time, for Congress to act upon
it this session.
This error in the Globe had gone out to the pub-
lic—that he had intimated that the result of an at-
tempted and abortive negotiation might be expected
days\ Now, whatever he might know or
think in relation to the subject, it was not neces-
rary to his object that he should communicate it in
a reply to the honorable senator from Ohio. He
was very far from imputing any blame to the report-
er of the Globe, who had m this instance merely the
purport of a single sentence to report. But the re-
porter was not aware of the peculiar nicety of a sin-
gle word, in this paragraph; of the character which
would, and the inference which might be, deduced
from it. He (Mr. Archer) meant to say, that a
communication would be made on the subject of the
Oregon negotiation in time for the action of this
body, if it should desire to act upon it. He did not
mean to intimate what might be expected as to the
character of the result; but simply that it would be
presented to the Senate in time for the action of Con-
gress. That was all that could be material for him
to say, in giving the information called for by the
honorable senator from Ohio. He repeated that he
did not impute the least blame to the stenographer of
the Globe; but merely to say that the import of his
reply had been rrtistaken, and therefore misstated.
Mr. ALLEN said that the senator from Virginia
having called the attention of the Senate to this
matter, he was glad that an occasion had occurred
to say that he believed the errors which the re-
porters committed in attempting to report what
was said in this body, were the errors of their posi-
tion, and not the result of inattention or negligence.
He saw that the reports made of the very imperfect
remarks which he had submitted yesterday to the
Senate, in both the city papers of this morning,
contained several immaterial mistakes. He had not
conversed with any of the reporters this session; but
he had no doubt, having heard complaints from them
last session, it was owing to the peculiarly difficult
position which they occupied in relation to the
members of the Senate that these mistakes occurred;
because it was not possible for them to hear at all
times what was said—not that the speaking here was
not loud enough, but on account of the reverberation
and confusion of sounds which reached the reporter's
desk, which confused them in their attempts to de-
fine the precise phraseology made use of. He hoped
that his friend across the way, [Mr. Bayard,} who
on a former session had interested himself in this
matter, would again take it into consideration, and, by
proper report to the Senate, have their position re-
moved to the floor of the chamber, as heretofore, so
that the remarks of those who addressed the Senate
might appear as well before the country as they ap-
peared to the Senate. From their present position,
it was impossible to hear all that was said on the
floor; and if members were reported in unintelligi-
ble phraseology, it was the result of the position
of the leporters, and they should nut complain
of them for not making these reports perfect, when
the members of the Senate had put them in that po
sition themselves. He repeated his hope to his
friend from Delaware that he [Mr. Bavarij] would
renew his efforts to have the reporters below, and
assign them such seats as to enable them to give to
the country correct reports of the proceedings in the
Senate. While he said this, it would serve to call
the public attention to the cause of the errors which
had been committed in reference to the hon. senator
from Virginia. It would likewise call the attention
of the public to the errors in the few imperfect re-
marks which he had submitted yesterday- Although
the remarks were of no great value to anybody,
still it was always desirable that, the speaker should
be correctly reported. He did not himself distinct-
ly hear the remarks submitted by the honorable
senator from Virginia yesterday; but he must say
that he did not understand them in the precise man-
ner intimated in the report of the Globe. He did
not understand him to imply any term which went
to.give character to the report that he expected to
receive from the department, but simply to say that
a communication would shortly be received.
Mr. ARCHER said he was glad that the honor-
able senator from Ohio [Mr. Allen] had a recollec-
tion which concurred with his on this subject; and he
was also glad that,_ in the latter part of his remarks,
he had called to his (Mr. Archer1!)) attention a du-
ty which he had unintentionally omitted; and that
was, not only to acquit the reporter of the Globe of
any negligence that might be attributed to him, but
to say that he was the very best reporter that, in the
course of many years, lie had known in Congress;
and he had seen none so correct since the time
of Mr. Gales. From the pen of that reporter his
remarks had occasionally come without requiring a
single word of correction. The fidelity and accu-
racy of his reports were remarkable, indeed; and
such as he had often borne testimony to off this
floor, and such as he had great pleasure in bearing
testimony to now, on the floor.
When he (the reporter) had nothing to do but to
report the import of a single sentence, he might very
naturally, in making a short statement of it, fall into
some inaccuracy of expression, as in this instance,
which conveyed an impression not only not correct,
but what he (Mr. Archer) was obliged, from his
position, to know was not correct. He (Mr. A.)
was obliged to know that negotiation was in
progress; and he could not say, therefore, that the
result Of an attempted negotiation would soon be
presented to the Senate. He repeated that what he
meant to say, and what he did in substance say,
was, that a communication on the subject of the ne-
gotiation would be made in time for the action of
Congress.
OREGON.
Mr. ATHERTON, from the Select Committee on
Oregon, reported back, with an amendment, the bill
to organize a territorial government in the Territo-
ry of Oregon.
ELECTION OF ELECTORS OF PRESIDENT AND
VICE PRESIDENT.
On motion of Mr. TAPPAN, the previous or-
ders were postponed, and the House bill, entitled
"An act to establish a uniform time for holding elec-
tions for electors of President and Vice President in
all the States of the Union," was taken up, with
the amendment proposed by the Committee on the
Judiciary, and considered as m committee of the
whole.
Mr. T. moved to amend the proposed amendment
by substituting the words, "the first Tuesday in
November.
Mr. BERRIEN remarked that the amendment
proposed by the Judiciary Committee was merely to
supply an omission m the bill as it came from the
House. No month was mentioned in the bill; and
and as the committee saw that the omission would
have to be supplied, it proposed, in deference to the
opinions of some northern gentlemen who conceived
a week later would be a great convenience, the
"second Tuesday in November," as the day of hold-
ing the elections. Rut if the first Tuesday was pre-
ferred, he would not object. <
Mr. TAPPAN moved to substitute the ./ire* Tues-
day for the second Tuesday, in the cummittee'l
amendment. "s
Mr. SIMMONS suggested that unless there was!
some paramount reason for preferring the first Tues-5
day, it would be a great convenience to the States!
which held their general assemblies in the latter]
part of October, to have the election of electors held
on the second Tuesday in November. '
Mr. TAPPAN pointed out the difficulty of fixing
any day that would not occasion such an inconve-
nience with respect to some State or other.
Mr. SIMMONS inquired of the Chair what the
exact motion pending was. He thought the lan-
guage of the bill wa? the "first Tuesday after the
first Monday." " ' '
The CHAIR stated the pending motion to be, to
amend'the committee's amendment, by substituting
the first Tuesday for the second Tuesday in Novem- .
ber. \
Mr. BERRIEN referred to the original bill re- \
ceived from the House, which recites—
"That the electors of President and Vice President shall
be appointed in each State on the first Tuesday alter the
first Monday of the year in which they are to be appoint-
ed."
The committee's amendment supplied the month,
and proposed the second, instead of the first, Tues-
day. If the amendment of the senator from Ohio
did.not go further than he .proposed, a case might
arise in which the first Tuesday in November might
not be within the thirty-four days prior to the -first
Wednesday in December, prescribed by the consti-
tution.
Mr. TAPPAN would, to avoid that, shape his
amendment to read "the first Tuesday after the first
Monday in November."
Mr. BERRIEN acquiesced in the improvement;
but suggested that it would be still better to say
"the Tuesday next after the first Monday in No-
vember." .
Mr. TAPPAN had no objection to that modifica-
tion.
The amendment thus modified was accordingly
adopted, and the bill was amended by substituting
in the fourth and fifth lines the words hereinafter
stated within brackets for the words in italics—[see
the bill below.]
The bill was then reported back to the Senate; and
the amendment being concurred in, it was ordered
to be engrossed and read a third time.
Shortly after the engrossment being effected, the
bill, as amended, was taken up, read a third time,
and passed, without any debate, in the following
form:
an act to establish a uniform time for holding elections
for electors of President and Vice President in all the
States of the Union.
Be it enacted by the Senate and House of Representatives of
tke United Slates of America in Congress assembled, That the
electors of President and Vice President shall be appointed
in each State on the first Tuesday after the first Monday
[Tuesday next after the first Monday in the month of No*
vember] of the year in which they are to be appointed: Pro•
vtded, That each State may by law provide for the filling of
any vacancy or vacancies which may occur in its-college of
electors, when such college-meets to give its electoral vote:
•And pi ovided, also, That when any State shall hare held an
election for the purpose of choosing electors, and shall fail
to make a choice on the day aforesaid, then the electors may
be appointed on a subsequent day, in such manner as the
State shall by law provide.
REDUCTION OF POSTAGE AND ABATEMENT
OF THE FRANKING PRIVILEGE,
On motion of Mr. MERRICK, the bill for the
reduction of postage and abatement of the franking
privilege was taken up with a view of allowing
certain amendments to be proposed which it was
desirable should be printed.
It was accordingly taken up as in committee of
the whole.
Mr. NILES then submitted amendments,
which he moved to be printed.
Mr. MERRICK said the bill and amendments
proposed by the Post Office Committee were al-
ready .printed. The amendments now offered by
the senator from Connecticut should also be printed.
In addition to the motion to print, he would move
to make the bill the special order for Monday next.
The proposed amendments were ordered to be
printed, and the bill was made the special order for
Monday.
a soldier's pension.
On motion of Mr. SEVIER, the bill for the re-
lief of Asahel Brainard was taken up as in. commit-
tee of the whole.
Mr. BATES, as chairman of the Committee on
Pensions, felt it to be his official duty to oppose
the bill; but the did so with reluctance, and only
from a sense of duty. His opposition was to spe-
cial legislation in violation of the principle estab-
lished by the general laws m relation to pen-
sions. The general laws limit the amount
of pension to the grade of rank in which
the applicant served, and the commencement of pen«
sion to the date of application. Doctor Brainard did
not apply till 1842, and he was then rated accord-
ing to his actual rank in the service, which was that
of drum-major; but this bill proposed rating him as
a eaptain at $20 a month, and to pay him arrears at
that rate from the day of -his discharge in 1814 or
18^5. All this was contrary to th« pnncipl# of the
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United States. Congress. The Congressional Globe, Volume 14: Twenty-Eighth Congress, Second Session, legislative document, 1845; Washington D.C.. (https://texashistory.unt.edu/ark:/67531/metapth2366/m1/159/: accessed April 24, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.