The Congressional Globe, Volume 14: Twenty-Eighth Congress, Second Session Page: 38
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the practical operation of our institutions, if not to
assist in framing them, while wholly ignorant of
their value and import, or reckless of the conse-
He was told that, if we undertook to form any
distinction between foreigners and native Ameri-
cans, it would be invidious. 'He was told that one
man who had lived five years in the United States
was just as good as another, and just as much enti-
tled to' exercise the elective franchise in the United
States. He was told you must look, not to distinc-
tions made by residence or time, but those distinc-
tions made by morals.
And what next' That it was very difficult to de-
tect or enforce distinctions depending upon morals.
And all this amounted to what? To the fact that,
whilst all were ready to admit that the most nefa-
rious abuses (and we had just as well undertake to
deny that the sun shines, as to deny this) had oc-
curred at the last presidential election, nevertheless,
there was no distinction to be made between native-
born citizens and those who were from a foreign
Let him tell the Senate and the country that
such anticipations were not going to be realized. If
tha members of this and the other body did not take
the matter into their hands, the people of the coun-
try would take it into their own hands, and adopt a
more effectual guard against these frauds than any
which had been proposed here for the redress of
this public grievance. He moved the reference of
the memorial to the committee on the Judiciary.
Mr. BATES presented a petition from Mary
Blakesle, of Baltimore, Maryland, and a petition
from Joseph Simmons, severally praying for pen-
sions; which were referred to the committee on
Mr. MOREHEAD presented two memorials,
one from Jacob Fowler, residing in Covington,
Kentucky, and the other from Ellizon Williams, of
Kenton county, Kentucky, who served under Gen.
"Wayne, praying for pensions.
Mr. M. made some remarks, calling the attention
tion of the pension committee, to whom they were
referred, to the peculiar merits of these two cases.
On motion by Mr. UPHAM, the petition of James
Smalley, agent for a regiment of Vermont militia,
asking for remuneration for their services in de-
fending Plattsburg during the late war, was ordered
to be taken from the files, and referred to the com-
mittee on Military Affairs.
On motion by Mr. EVANS, it was
Resolved, That the Committee 011 the Judiciary b«j in.
structed to inquire into the expediency of allowing com-
pensation to the owners of the schooner "Select," for dam-
ages sustained by them in consequence of a collision be-
tween the said schooner and the United States frigate Mis-
sissippi, in August, 1842, without fault on the part of the
crew of the said schooner.
Mr. BAYARD, on leave, introduced a bill to
consolidate and amend the acts in relation to pen-
sions to the widows and orphans of naval officers,
seamen, and murines; which was twice read, and
referred to the Committee on Naval Affairs.
Also introduced, on leave, a joint resolution,
authorizing an allowance to Purser D. M. T. Thorn-
ton in the settlement of his accosnts; which was
read twice, and referred to the Committee on Naval
Mr. BATES, on leave, introduced a bill to refund
and ascertain the balance due Massachusetts; which
was read twice, and, with the repoit of the Secre-
tary of War on the subject, referred to the Commit-
tee on Military Affairs.
Mr. JOHNSON, on leave, introduced a bill to
recognise the sales of the public lands in the State
of Louisiana, in certain cases, and for other pur-
poses; which was read twice, and committed to the
Committee on Public Lands.
Mr. ASHLEY gave notice that he would to-
morrow ask leave to introduce a bill organizing a
new land district in the southern part of Ar-
Mr. BREESE, on leave, introduced a bill declar-
ing the assent of Congress to the State of Illinois to
impose a tax on all lands hereafter sold in that State
by the United States from and after the time of such
saie; which was read twice, and referred to the
Committee on the Public Lands.
Mr. WOODBURY, on leave, introduced a bill
supplementary to the act for the relief of John Hol-
lingsworth, of Blount county, Alabama, approved
28th June, 1838; which was read twice, and refer-
red to the Committee on Private Land Claims.
Mr. MILLER, on leave, introduced a bill for the
grading and paving square 249, belonging to the
United States, in the City of Washington; which
was read twice, and referred to the Committee on
the District of Columbia.
Mr. WOODBURY, on leave, introduces a bill for
the relief of Gideon Batchelder and others; which
was read twice, and referred to the Committee on
On motion by Mr. ARCHER, it was ordered
that the petition of H. H. Sanders, for a renew-
al of a pension, be taken from the files and referred
to the Committee on Naval Affairs.
Also, that the petition of J. F. Caldwell be ta-
ken from the files, and referred to the Committee
one the Post Office and Post Roads. .
Mr. BARROW submitted the following resolu-
tions; which, under the rule, lie one day on the ta-
Resolved, That the Judiciary Committee be instructed to
inquire whether naturalization papers have been granted
to foreigners by any federal or State court, in violation of.
the provisions of the laws of Congress; and that said com-
mittee be authorized to send for persons and papers.
Resolved, That said committee be instructed to inquire in-
to the expediency of a law empowering the district courts
of the United States to cancel and declare null all naturali-
zation papers which may be found, upon judicial investiga-
tion, to have been granted in violation or fraud of the laws
of Congress. '
Mr. FOSTER of New York, on leave, intro-
duced a bill to authorize the Secretary of the Trea-
sury to make arrangements or compromise with any
of the sureties on bonds given by Samuel Swart-
wout, late collector of the port of New York; which
was read twice, and, with the petitions and papers
on the files on the subject, referred to the Commit-
tee on the Judiciary.
On motion by Mr. BARROW, it was ordered
that the petition of William Bubuys, late postmas-
ter at New Orleans, be taken from the files and re-
ferred to the Committee on the Post Office and Post
Mr. BERRIEN, from the Committee on the Ju-
diciary, reported a bill for the relief of Miles King
and his assignees; which was read twice, and com-
The resolution submitted by Mr. DICKINSON
yesterday, concerning our Indian relations, (to be
found in a preceding column,) came up in order,
and was agreed to.
The resolution submitted by Mr. ASHLEY yes-
terday, (and to be found in a preceding column,) on
the subject of drawbacks on goods exported in origi-
nal packages to Chihuahua and Santa Fe, was taken
up, and agreed to.
i ELECTIONS OF ELECTORS OF PRESIDENT.
. | The bill from the House regulating the time for
'electing the electors of President and Vice President
•of the United States was read twice, and referred to
the Committee on the Judiciary.
The following bills were read the third time and
; An act changing the time of holding tha federal
courts of Kentucky; and,
An act for the relief of Josliua Kennedy of Ala-
Mr. ARCHER presented a memorial from
Brown, Graves, & Co., and others of the citizens of
New York, praying that the bill introduced into the
House on the 7th of June last, entitled "a bill to
refund the duties collected on coffee imported from
the Netherlands, and to repeal the discrimination
made on this article by the tariff act of 1842, so far
as the Netherlands are concerned," may be passed
into a law with as little delay as possible: referred to
the Committee on Finance.
Also presented a memorial from the president
and professors of William and Mary College, pray-
ing indemnity for property destroyed by the enemy
during the revolution, m consequence of its occupan-
cy by the United States: refeired to the Committee
on Revolutionary Claims.
Mr. ATCHISON gave notice that he would to-
morrow ask leave to introduce a bill to organize
the government ofthe Territory of Oregon.
GRANT TO THE HEIRS OP ROBERT FULTON.
The engrossed bill for the relief of the heirs of
Robert Fulton coming up on its third reading,
Mr. TAPPAN requested that it would be°post-
poned till to-morrow.
Mr. PEARCE thought the delay unnecessary.
Mr. TAPPAN moved the postponement of the
On this question the ayes were 13, noes 14; so
the bill was not ordered to be postponed-
It was then read a third time; and the question
being on its passage,
Mr. BREESE called for the yeas and nays;
which were ordered.
Mr. BERRIEN said he understood the bill to be
for the relief of the heirs of Robert'Fulton; and that
it appropriated a large sum ($76,300.) He desired
to be informed of the grounds on which die bill is
Mr. PEARCE replied that it was a bill in the
very shape in which it passed the Senate, after a
long debate, last session; during which debate the
whole merits of the case were thoroughly examined
and decided upon. It had been also frequently be-
fore the Senate and the House of Representatives
prior to the last session; and had been, on each oc-
casion, fully and satisfactorily explained. Mr. P.
then enumerated various reports on the subject both
by committees of Congress and the executive de-
partments, and entered into a , minute history of the
case; the material substance of which was, that, in
February, 1815, Mr. Fulton di«d while in the
employment of the government; and that, in Janu-
ary, 1837, Mr. Dickersori, Secretary of the Navy,
reported the following statement of his accounts, in
obedience to. a joint resolution of Congress, passed
23d June, 1836:
United States in account u?ith the heirs of Robert Fulton.
1810. Money expended by him in making torpedo experi
ments for harbor defence ... - $5,000
Services in making same .... 50.00
1S15. Damages for the detention of the steamer
Vesuvius from December 30, 1814, to March 12-,
1615, impressed into the servitMj of the United
States at New Orleans by Gen.jack.son - 50,000
The use of Mr. Fulton's patent right for construct-
ing steam frigates - - - - - ' 60,000
Services of superintendent in building a steam
frigate at New York (theFulton) - • 25,000
1810. By cash advanced for making experiments
for coast and harbor defence by torpedoes - $5,000
1811. By cash advanced on contract to fit out
steamboaTs for government ... 40,000
Balance due the heirs of Robert Fulton
When, however, the subject was up last session,
considerable modifications of this account were
made, and the balance due was reduced to $76,300.
There was, indeed, a part of this sum which,
it was considered, the government was un-
der no legal obligation to pay; but, in view of the
eminent services rendered to the country by Mr.
Fulton's inventions and adaptation of steam power,
it was admitted that the gratuity afforded by that
item would not be too much.
Mr. BERRIEN had made the inquiry from no
disposition to obstruct the bill; but from a desire to
enable him and others to vote understandingly, as
well as from the conviction that a bill making appro-
priation to this amount should not pass without
Mr. DICKINSON called the attention of the
Senate to the investigation of this claim two years
since, both by the Navy Department and the Com-
mittee on Claims in the Senate, by which it appear-
ed that no grounds existed for such a demand.
Mr. BREESE was also satisfied that the report
of the Committee on Claims, made through Mr.
Graham, 17th February, 1842, proved that nothing
was due by the government td the heirs of Mr. Ful-
ton. If an appeal was made to the generosity of
Congress on the grounds of Mr. Fulton's services,
there might be a general disposition to act liberally;
but even then, it might well be doubted if there was
any power to make this consideration the grounds
of any appropiiation. He called for the reading of
Mr. Graham's report.
The report was read accordingly. It states fully
the reasons which influenced the committeeto make
an adverse report on the claim. It disposes of four
items in the debit side of the account, amounting to
$85,000, by showing their extravagance, and assert-
ing that the $45,000 on the credit side, amply paid
off these claims. The concluding pnragraph runs
" It thus appears that no 'use' has ever been made of
Mr. Fulton's invention in respect to steam-vessels of war by
the naval constructors, or any persons attached to the naval
service of the United States. Nor, in the opinion ofthe board,
have they been in any degree aided in the improvement ol
steam-vessels of war by his invention. Your committee,
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United States. Congress. The Congressional Globe, Volume 14: Twenty-Eighth Congress, Second Session, legislative document, 1845; Washington D.C.. (texashistory.unt.edu/ark:/67531/metapth2366/m1/54/: accessed November 17, 2017), University of North Texas Libraries, The Portal to Texas History, texashistory.unt.edu; crediting UNT Libraries Government Documents Department.