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DEBATE IN THE SENATE.
EXPLANATION BY SENATOR HOU8TON. Mr. HOUSTON, in pursuance of an intimation previously given, that be should ask leave briefly to notice certain state ments published by a writer in the "Southern Press," rose and said : Mr. President, on Friday last I gave notice that I should to-day claim the indulgence of the Senate to offer a personal explanation in relation to some charges which have been pre ferred against me. It appears from the date and the place of the accusation, that it originated in the House of Representa tives, and the signature which I see attached to the commu nication indicates that the individual who makes tbe accusa tion is a member of that body. Sir, with abuse I am some what familiar. Until now, when I have passed the meridian of life, I have been much abused ; but I have disregarded the abuse which has been gratuitously heaped upon me. But my position at this lime, and the relations which I bear to members of this body as well as to the American people, seem to demand of me that I should not pass this attack unre garded. With me, sir, it is a subject of sincere regret to have contro versies of any kind. I have always avoided them. Up to this period of my life, I have attacked no man's reputation. In this case I am not the assailant; but being assailed, I claim the right to repel unfounded charges and accusations which are calculated to affect my reputation, so far as> it is connected with either tbe past or the present. During the session, i have seldom obtruded myself upon the attention of the Sen ate ; and as we are now, I hope, drawing the business of the session to'a conclusion, I am the more reluctant that my pri vate matters should occupy one moment of the precious time of this body. But, sir, it sppears that my offence, or that which is sssumed to be an offence, occurred in debate in the Senate ; for words spoken in debate in this body, I, one of its members, have been assailed by a writer in a paper called the "Southern Press;" and though the individual is unknown to me, though with him I have had no intercourse, the vindication of my conduct, and its vindication in this chamber, is due alike to the Senate and to myself. For twenty-six years I have been occasionally connected with deliberative bodies?for it is twenty-six or twenty-seven years since I entered the House of Kepresen'atives as a mem ber, and I have frequently served in deliberative bodies, con sultations, and conventions in the State of which I am now a citizen?and in the whole course of that time, never, to my recollec'ion, have I violated a rule of decorum, or been called to order for its supposed violation. If I had used any expres- 1 sion unbecoming my station, or the respect due to this honor able liody, I am satisfied that gentlemen here would not have permitted it to pasa unnoticed. The Senators from the State of South Carolina would have detected any outrage committed : upon an absent member of that community, or the dis in- > guished deceased (Mr. Calhoun) who has been drawn into ' this matter. Their sense of honor, of delicacy, of propriety, renders them ever tenacious of the honor of their 8tate and of its citizens. It would have been the duty of the President, too, and the duty of every Senator, to have called me to order if I bad violated the rules of decorum. But no one inter posed, and hence it may be reasonably supposed that nothing waa said or done to call forth the rerentment of any one. The charges, sir, to which I will now call the attention of the Senate, are embodied in interrogatories propounded by the individual to whom I allude. After speaking to the editors for aome time, he siys : " I will for a moment, Messrs. Editors, change the venue from you to the Senator himself, for the purpose of propound ing to him a few direct and plain interrogatories, and hope h? will favor the public with a distinct answer to each." He then propounds them, proceeding to say : "I ask you, sir, did or did not Mr. Madison, soon after the battle of the 'Horse Shoe,' appoint you to ihe office of sub Iudian agent for one of the Southern tribes ?" In answer to that interrogatory I will say that Mr. Madi son did not appoint me. I was appointed under the adminis tration of President Monroe, on (he 29th of September, 1817, by Mr. George Graham, acting Secretary of War. His next interrogatory is : " Did or did you not, sir, hold this office until Mr. Monroe came into power, and Mr. Calhoun under him as Secretary of War ?" This is a useless question, as it has been already answered, and as it has no bearing on the sulject. I was not in office when Mr. Monroe came into power, but was appointed under his administration. He then proceeds: " And did or did not Mr. Calhoun cause you to be removed from the office of ?ut>-In<1ian agent for malfeasance in office? Mark the word, sir. I say maljecuance, nui deeming it alto gether in good taste to use a terra with which all are familiar who are acquainted with the titles of the criminal code. Will you, sir, give a direct answer to these interrogatories, without resorting to your usual prevarication ? The public will be gratified, doubtless, to hear your response." Sir, IJnever was removed from any office. I have token some trouble?and I have no doubt the clerks thought so?to have tbe archives of the country ransacked for thirty-seven years back ; and, to tbe astonishment, I have no doubt, of some, it will appear that my track is clear, that it is smooth, and without a brush in it. From the time I enlisted as a private soldier in the ranks of the United Slates army on tbe 24th of March, 1813, up to the 1st of March, 1818, when I resigned as a first lieutenant, I never had a mark against me. If there were marks, they were the marks of the enemy upon my body, and not upon my escutcheon: I never was a "defaulter" for one moment, sir; I was incapable of "mal feasance ?" and for my conduct as sub-Indian agent I will produce the records as testimony, and bring forward very high authority, which has not heretofore been promulged to the world, because I did not de?ire such aid to obtain the pub lic approbation. But, sir, if I have earned the approval of my fellow-citizens, I should be false to them and to myself if I did not vindicate the character which tbey have accorded me. Sir, the office of sub-agent was unsought by me. It was unsolicited, because I was at that time suffering from the effects of a wound. I had been eo for four years, and was unable, as many believed, to encounter the arduous duties and the exposure which I must necessarily encounter in per forming the duties of sub-Indian agent and inciting the In dians to remove west of the Mississippi. But, sir, because it seemed to promote the interests of the Government, and be cause I was contributing aid to the great work of pacificating and conciliating the feelings of the South?for Georgia was not unexcited, and Tennessee was anxious to occupy her chartered limits?I was willing to make a sacrifice of my own individual comfort and health, if need be. It was the busi ness of General Jackson to supervise the execution, as he bad been one of tbe commissioners to make the treaty. He was chief of the military of tbe Southern division of the United States. Many matters connected with the Indians of that country were referred to bim ; indeed, I believe he was en gaged in negotiating more treaties with Indian tribes than any other individual within my knowledge. Col. Meigs, a man of the revolution, and a colonel at that time, being then superannuated and unable to perform the duties to which it was thought a younger roan would be competent, I was detailed for the purpose. General Jaekson recommended me in a letter, an extract from which I will read to the Senate : Extract of a letter from Andrew Jaekson, Major General Commanding Division of the South, to Geo. Graham, Esq., Acting Secretary of War, dated Nashville, 26th August, 1817. " 1 l>:g leave to recommend Lieutenant Samuel Houston, of the lit lntantry, as a ytmng man of sound integrity, who has cay entire confidence, arid in every way capacitated to fill the appointment. I would further remark, that Lieut. H. has some claim* upon Government foralsevere wound he received in service, which may be considered a disability." A commission was granted to me, dated August 29th, 1817. Subsequent to that time, Mr. Graham, in writing to Col. Meign, the agent, ways : " Your presence among them (the Indians) will, I have no doubt, hive a most happy effect; but I hope the necessity of your remaining any time with them will be obviated by the preaence ot Lieut. Houston, w ho, on the very warm recom mendation of Gen. Jackson, has been appointed an assistant agent, and whom, t presume, you will have met with on your arrival at the agency." I wan there, in the discharge of my full duly, when Gov. McMinn arrived. Gov. McMinn remained for some time as superintendent of Indian affairs for the territory within the limits of Tennessee ; and in wriiing to the then Secretary of War, (Mr. Calhoun,) under dale of December 29th, 1817, he says, speaking of the resistance that was made to the po licy of the Government in relation to the s-ubject of emigra tion : " Tbe first was, that the Cherokee lighthorse should wrest 1 the property from the emigrant! which was to be given by the United State* ami apply it to the satisfaction of debts contract ed by the emigrants in the ytar past. So soon as this project was communicated, I issued an order forbidding all such at- , tempts, and declaring that 1 would view it in the light of hos- I tilities against the United States, and would punish its perpe- 1 trators accordingly. Mr. Houston carried this order into ef fect, with a promptitude not leas characteristic of his integrity than seal for his cottntry, by arresting the first offender, who returned the property without a moment's hesitation. The courae taken on this occasion had the happy effect of dispers ing this band of legal robbers." Here are evidencns that I had the confidence of my supe riors in the discbarge of my duty; and tbe only inference would be, if I had been discharged or removed lor malfetu anee, that it was an unmerited act of injustice, and persecu tion, inflicted on ? subaltern who bad not meana of redrens or high influences to heck him in his position. That would have been the natural inference. But I have teetimony that I ceased to be an officer or sub agent by resignation. After conducting a delegation of Indians to this place, I resigned my first lieu'enancy on the 1st of March; 1818, and returned to tbe agency with the delegation. On my return, I was wel comed by all my superior officers, and c mmended for tbe manner in which I bad performed (he duties which had de volved upon me. Gov. McMinn, in writing to the War Department by the delegation, when they aet out with me from the nation, aaya : " I will forward account! and receipts for the expenditure*, aa much in detail ai postible, by Lieutenant Houston, who ia charged with the fund* to detray the expenses. He will con duct the delegation to you, and remain in the city nntil their return, unlet* other wise directed by you. Col. Meijj* and mytelf united in opinion respecting Mr. Houston's conducting the chiefs, by whose vigilance and address they will be much profited. Some of ihem are old and infirm, and the greater part are unacquainted with travelling among the whites," tic. That, air, is additional evidence that those under whom I acted bad confidence in me. I have shown, and the record shows, that there was no act of malfeasance connected with my service. I will now show that I resigned my office as sub-agent and returned to civil lite, so that no, removal could have taken place. My resignation cannot, I am told, be found in the War Department, though it certainly was there. I have the testi mony of Col. Meigs, and there are yet witnesses living to that fact. I know not why it has disappeared from the re I cords of the War Department. It could not have been, I hope, to found an accusation against me, suppoaing that the charge of removal from office would be cerroborated by the disappearance of my resignation. If that is the caae the evU is cured. Gen. Jackson, at the time I went back to the na tion, in writing to Col. Meigs, says to him, knowing that h< I was feeble : Nashville, August '26, 1817. Dear Colonel : I have this moment received from the hon orable Secretary of War a letter of the !Kh instant, an extract of which 1 encloae you ; and I have ? ? ? the letter to you as authorized, believing it all-important that your aid ought to be in a situation that hit private interest would not compete with his duty. And, fearing the situation ot Mr. U>ers (being interested in the road and iron works) might operate on his zeal in the removal of the ludians, and that he might be influenced by Col. ? * ?. For this reason I have re commended Lieut. Houston, of the 1st regiment United States infantry, as a fit person. In him I have full confidence, a'id in him you will have a friend clear of design or deceit, in whom you can rely under all and every circumstance, competent to aid you in every respect. I shall be happy to hear from you, in which I will like to hear how you are pleased with the young gentleman 1 have uauied. 1 am vours, respectfully, ANDREW JACKSON. Five years of my life had passed under the eye of General Jackson aa a subordinate officer, and at the lime I was ap pointed sub Indian agent 1 was discharging the duty of clerk, detailed for extra duty in the office of the adjutant general for the southern division, and acting under the eye of General Jackson. Young aa I then was, and obscure as I had been, I a man who had nuiiher wealth, power, nor influence to back him, who had clambered up from a subordinate position, and was then in the dawn ot life, do you believe that, unless Gen. Jackson bad believed live yeirs'probation of service was a good guaranty fot my future conduct, he would have pledged himself that I was without guile or deceit} Yet, sir, this re cent emanation from the Press, that we have seen, charges me with every thing. It charges me with a design to assassi nate?whether person or character, I know not. Nor do I know why the accusation was made. I have never threat ened, I have never Bought nor designed to assail another ; and all I ask of my adversaries in life is, that they will not attempt to assassinate me when my back is turned. Hitherto I have met all my adversaries who have arrayed themselves against me with my front. Well, fir, I retired into private life. Congress enacted a law reducing the s.ub agents' salary. Here is an extract from a letter from Mr. Calhoun, dated April 22J, 1818, in which he gives Col. Meigs notice of the fact : Extract of a letter from J. C. Calhoun, dated " Depart ment of fVar, 'ild April, 1818," to Col. Return J. Meigs, Agent to Cherokees, on the Tennessee River, at Rhea Court House, Tennessee. "Sir: In pursuance of a law pasted at the late settion of Congrett ' directing the manner of appointing Indian agents, &cc. (to t<ke effect from and after the 18th inttant, and which requiret that all Indian agentt thall be nominated by the Preti dent, and appointed by and with the advice and content of the Senate) you were appointed Indian agent to the Cherokees on Tennetiee river. " You will be pleated to notify this Department of your ac ceptance or non-acceptance of said appointment, and in cate of the former, you will return at toon at convenient the encloted bond, required by the law, duly executed, with the certificate of the Diitrict Attorney or other known and respectable per tont attached of the sufficiency of the tecuritiet, on the receipt and approval of which a commission will be forwarded to you. " In transacting the business of said agency, you will be go verned by the instructions which have been given to you from this Department under your former appointment. " You are requetted to inform all tub-agentt attached to your agency that their compentation it fixed at five hundred dollart a year from the 20th inttant, and they will oontinue to perform the dutiet heretofore attigned '.hem." Department of the Interior, Office Indian Affairs, August 24, 1850. I certify the foregoing to be a correct extract, taken from the original now on file in my office. L. LEE, Commiuioner. Upon that intimation I quit. My salary had formerly been equal to thirteen hundred dollars per annum. It was reduced to five hundred dollars. Colonel Meigs, in writing to Mr. Pleasonton, the Fifth Auditor, on the 14ih October, 1818, from Knoxville, Tennessee, says, speaking of me : '?When he (Mr. Houston) received the Information of the alteration of the talariet fccc. of the Indian ageuciet, he retigned hit appointment as tub-agent and went to Wett Ten uettee." It appears, sir, that after I had retired to private life, I was not exempt from annoyances, either fancied or real. Tbe Government owed me pay as first lieutenant from October 22d, 1817, to March 1st, 1818. My accounts had not been set tled, and it appeared that on the Indian account for that quar ter I drew in advance at Washington, and that a balance of some sixty-seven dollars remained unpaid to the department. For this tbe Government gave direction, as soon as my where abouts was learned?and I had not retired to a coiner?to sue me for this amount of sixty-seven dollars, although at the same time tbe Government, or the Secretary of War, was apprized, by the forwarding of my accounts, that a balance of several months' pay was due me as first lieutenant. The suit was, however, directed to be instituted against me forth with, and I remained for years under the charge of being a defaulter, when I have showu the Government was in my debt some two hundred and seventy dollars. Ye*, sir ; and this was done, I suppose, else I know not why, upon the principle that it is easier to crush the egg than to destroy the adder. It might have been thought, perhaps, that some day, if I were permitted, in a country so prosperous and well adapted to enterpiise and energy as this, I might make some mark in history, and that it was better to brand the youth, then unbefriended other than by the unbought, generous, manly offering of a great soul, with the disgrace of a defaul ter. But, sir, if this was the idea, it was unavailing. In 1821, when my account had repeatedly been sent in for audit and adjustment, and when I had debited myself upon tbe face of it with sixty-seven dollars, without answering it at all an order was issued upon that apparent balance against me, on which Mr. Pleasonton, writing as the agent of the Treasury Department, from the Fifth Auditor's office, De cember 10, 1821, to Mr. Crabb, United States Attorney, Tennessee, says: " You will be pleased to institute suit without delay. Mr. Houston's place of residence is said to be in the Western dis trict of Tennessee." Well, sir, the suit was instituted, and what was the result' In the mean time, sir, I had become a man of some note. I was major-general of two-thirds of the militia of Tennessee, and my name was canvassed before the people without oppo sition for a seat in Congress. The people were kind, they were generous. I had associated with them in the hours of peril and days of trial, when we were forming a wall of fire as a frontier against a savage enemy; and, sir, I was not for gotten in my days of humility. Then, sir, the tables were turned. On the 8th of April, 1822, Mr. Lee sent tbe fol lowing order to Mr. Pleasanton : Treasurt Department, Second Auditor's Otfice, Jipril 8, 1882. Sir: A claim of Samuel Houston, late sub-Indian agent, for $337.' I, having been sanctioned by the Secretary of War, the sum of $67.52, for which he whs reported for suit the 28th of November last, is considered as accounted tor, bat the ba lance due him will be withheld until I am apprized through you of his having discharged the costs of prosecution. With great respect, your ob't servant, WM. LEE. Stephen Pleasowtow, Agent of the Treasury. Was not this, indeed, a novel way of doing business > If j I bad paid the costa, it would have been Evidence that I had ! compromised the suit to the disadvantage of my reputation. i Here, then, sir, is my balance account, as it appeals on the i books of tbe Treasury : Statement of the Pay Account of Samuel Houston, late Lieutenant Is/ Infantry, settled in Second Auditor's of fice, 1U/A April, 1822, and 17/A April, 1834. For difference between the pay of 2d and let lieute nant from itt May to 21?t October, 1817......... $S8 38 P?y and subsistence of himself as 1st lieutenant from 22d October, 1817, to 1st March, 1818, when he resigned !'j9 23 Pay, lubtistence, and clothing ol servant for the same period 61 01 Transportation of baggage in Tennessee, in 1817.... 19 92 $318 54 From which amount wa? deducted : Amount due the United States on settlement of his account as sub-agent Indian Department 15th May, 1819 $67 52 $251 02 Which amount was paid : On the 13th Jui>?, 1822 $170 09 do 17th April, 1824 80 93 $251 02 Second AuDrroR'* Orsict, 20th August, 1850. \ ea, air, th*re was, as will be awn, actually in my favor tb? ram of $251 02. And, in addition to that, an item waa admitted for the use of a horse of mine, when I waa conduct ing the Cherokee delegation to this place, of $36. This waa allowed and approved by Mr. Calhoun, in the year 1824, as Mlom: " Gen. Hourroir, not baing bound to furnish a horae toper form the journey, the charge lor the uie of the horae ia al lowed. "J. C. C." This makea, in all, #387 02. Here, then, ia the evidence of my " malfeasance in office !" Yea, air, I any " malfeasance in office." Ia there evidence of bad fiaith hero f No, air. The truth, which ia itself omnipotent, baa vindicated my char acter. From the day of my enliatment in 1813 to the pre tent, in all my connexion with the Government, there ia not to be found a jot or tittle that can be brought forward to aus tain thia charge against me. Now, Mr. President, 1 hope that, so far aa I am concerned in tbis matter, I have shown that there is no justification for the charge which has been made againat mo, and no founda tion upon which it can be baaed. But how did thia charge now become resuscitated ' How did an accuaation so long gone by come up at tbis period > How comes it now to be brought against ine ' In the communication in the Southern Press the writer says : "I have to inform the Senator, however, that there are few beyond the limits of his acquaintance who are more intimately acquainted with his history than 1 am. It is oertainly the pri vilege of all to be familiar with the livea of the great, even in their own conceit." Well, sir, it has been my misfortune of late to be tbe ob ject of a great many attacks, but I have never complained much in regard to them. With the help of a good constitu tion and a bardy temperament, I have managed to get along very well under them. [Laughter.] But I must believe that the individuals in South Carolina who profeassuch a thorough knowledge of my character are sometimes at fault. When attacked about a year or a year and a half ago, I think it was, I was threatened with an exposure of the contents of a diary, or forthcoming history, that was going into my private rela tions, and every thing else in regard to me. I confess I certainly had not thought that, for the laat twenty-five years, I had been a man of sufficient importance to warrant such a production from any literary or diatinguished gentleman of the present day. [Renewed laughter.] I have never dream ed of it, sir. I never solicited it. And I most be tbe more inclined to doubt the correctness of the information of these individuals when I aee them indulging in charges of a char acter to unfounded aa that which I have juat overthrown and exposed. There is no portion of my life, perhaps, that might not have be? n improved. But still, considering the hardy mode of life through which I have paased, and the various rubbings to which I have been subjected, I perhapa have as little to regret as a number of others. I can only say, in tbe charitable language of Holy writ, "He that is without sin, let him cast the first stone." It ia true, sir, that the relation which I bore to the Indians at that period of my life grew not out of the happiness of early days j but there waa no re gret to blight, nor was there any reason to cause the bluah of shame to mantle the cheek of an honest man. I was an exile, houseless, and a wanderer | but I left no mark of obloquy behind me. I believed there was work to do among uncivi lized men, and circumstances, which are notorious in this Capitol, induced me to seek an asylum in a distant land. From thence I am now here. It is a re-union with a com munity of which I oDce formed a part; and I bring with me the endorsement of a people independent, manly, generous, and faithful to the Union. I assail no man's reputation. I would not descend so low. I do not assail the living, I will not assail tbe dead. I have not assailed the memory of Mr. Calhoun. I leave the dead to rest in peace. If from the dead I have suffered wrong, the grave forms an impassable barrier beyond which my resentment would never seek to pass. It is true that I repelled bis denunciation when he was absent through indisposition, but I forbore to cast the slightest reflection upon him, for the reason that he was not with me face to face. He has now finished his work and gone to another world ; and shall I seek to cast reflection upon his memory ? Never, sir, never ! No, sir, I would hallow and consecrate it if I could. If he had errors, I would seek to correct them; if be had faults, I would bury their memory with him. I would not conjure them up to injure the feelings of those who survive. But, sir, though death may have consecrated his memory, his acts, his writings, and his opinions are subject to criti cism. From this, all the illustrious dead who have preceded him have not been exempt; nor will those who follow. Pre eminence amongst men, the brilliance of splendid talent, bave a dazzling influence which the grave extinguishes, and sober reason, in the pursuit of truth, pursues its object with severer judgment, and furnishes conclusions wh'ch are recorded by the historian's pen. But to pursue my theme. The writer of this letter says: " Until you answer these inquiries, in charity to yourself, sir, If not to those compelled to listen to your croaking, pray cease to make yourself hoarse with the parrot cries of ' Cal houn,' 'South Carolina,' ?Union.'" Sir, tbe charges are answered, and, therefore, I presume I may "croak" a little. Of South Carolina, I may say that no individual appreciates more than I do her illustrious revo lutionary career ; and, sir, her character has been nobly illus trated by her heroes, her orators, and her statesmen. I could say nothing to disparage her ; and there are many of her citi zens who command my esteem and admiration. I speak of gentlemen with whom I have had the pleasure of an acquaint ance, without endorsing all her inhabitants. Bui, sir, I have received the hospitality and courtesy of South Carolina, and some friendships yet linger there which I hope long to cherish. I may bave regretted defects in her constitution. I may have deplored the misfortune that ber citizens, her gallant sons, were not possessed of equal political privileges with the citi zens of some other States. I may have regretted that there were property qualifications and restrictions upon tbe right of suffrage. I may have regretted that tbe representatives alone elected the Governor of that 8tate, and the electors of the President and Vice President of the United States. This, to my apprehension, places her citizens, who have not a re presentative character, in a condition between the proud sons of the other States around her, and the slaves that till ber soil. 1 have said, and I have regretted, that tbe ngnt ot sunrage was restricted there. Thus I have spoken of South Carolina. I have spoken of her and of the Union. I have no better right to Bpeak of union than any other man ; but when my history is so well known, and when others speak of it, I may perhaps be pardoned for speaking of it too. I have experi enced the inconveniences of being ont of the Union, while others, more blessed, more happy, and more distinguished, whose course of life has run smoother than my own, have en joyed its benefits and its blessings. I have known what it was to live unprotected by the broad egis of the Union, and without the guardian care of the constitution. I have felt tbe oppression of power. I have seen the armed myrmidons sub ject to its control, sweep over tbe fairest land; and then I learned to appreciate the blessings of the Union, in their ab sence. Then, sir, my heart yearned towards the Union, and ceased not until we became c vequals with the other States. Yes, sir, I do appreciate the Union, and I congratulate it upon this auspicious day. I congratulate the Senate, I congratulate the American people, I congratulate tbe oppressed of all na lions, who look to this Union a* an asylum from oppression. It is, indeed, a day for gratulation and joy, when we see har mony restored, and delight pervade the land. Sir, what must be the character of that man, who, at this day, can raise his parricidal hand against the Union ? Des perate and despicable indeed must he be who would not de fend our banner, and who would not delight in rallying to sustain our institutions?who would stand back on auch an occasion, and prove recreant in such a day to tbe duty he owes to bis country to carry it onward to the completion of ita high and glorious destiny. Tbe man who would now con spire against this Union is more culpable in my eye than Benedict Arnold. His name, with sill his high qualities as a man, and all his noble and patriotic impulses, is consigned to obloquy and shame. He had high impulses; he was a gallant man, and six patriotic and gallant epochs shone forth in his life before the events occurred which led to his being branded as a traitor. General Arnold had four major generals ap pointed over bim, under circumstances which were harrowing to his feelings, which, with other acts that he considered derogatory to himself, led him on, and though he gallantly resisted the inducements to treason, he was finally overwhelm ed. Sir, as I have said, these were evidences of tbe high im pulses of patriotism in his course, but his sensibilities were wounded by the appointments which were made over him, and with feelings of disgrace and shame be became a traitor, and an outcast. Charity may seek for some palliation of his crime, but there is none for sentiments of disunion, when we have around, about, above, and beneath us, all the joys that spring from union, and all the glories that adorn our country's name. While this Union is the admiration of the world while peace, prosperity, honor, and domestic bliss character ize us at home, the man who would raise his parricidal hand to destroy this Union, would unk to depths infinitely below ?Arnold in infamy; for when Arnold committed bis treason we were but trying an experiment, whereas now we are in the full fruition of blessing* and glories. Disumonistsper at, there fore, sink below Arnold in the scale of infamy. 8ir, when assailed hereafter, because I am faithful to the Union, let it be understood that I would rather not be, than be without a country ; and without union we can have no country and no home. Mr. BUTLER. Mr. President, the present occasion im poses upon me the performance of a double duty?that of doing justice to the dead, and to my friend and colleague whose letter has this morning been made the subject of com ment by the Senator from Texas. In this pirxonal contro versy 1 shall take no part. Respect for my friend and col league of the other House, and juxtice to the Senator who has just spoken would equally forbid it. But, sir, I am bound to say?and I haw the word of my colleague for the state ment?that he never heard Mr. Calhoun in his life say one word from which he could draw any inference, or that would in any way authorize him to propound th>se interrogatories? and I can say that, so far as I have had any association with Mr. Calhoun, I never heard him spesk of this particular sub ject in connexion with the honorsble Senator from Texas. I believe I have the authority of other friends lor saying that this letter is traceable to any thing which Mr. Cal houn ever suggested either ditecUy or indirectly. He was a remarkable man in on# respect, ha aaid mj little in rete .to. F?'? ??'??? growing out of the discharge of hia t DrTW heard him aaj any thing of the kmd alluded to If, in the d-charge of hia official dut? Mr. Calhoun thought it wa. nec^ry to operate upon indi viduals, I have no doubt he diacharged thro dutieTfrom a very high aen?e of peraonal and official reaponaibilitiea, and wito Roman aimplicity he required Roman juatice. rtow, aa Mr. Calhoun gave no authority, directly or indi ly-mada no suggeation, one way or the other, and in deed bad no connexion with the communication alluded to, be cannot be confounded with, or in anywiae be made re sponsible for the statement, that have been connected with hi. name, and auch aa have no .anction, even by inference, iSL'rfSST* iui > from lhe0,i?in or th* counie! of the charge. Indeed, he ahould not be held at all a. L?nTn? Hi eHher iD ? ?'i?in <* b* .ubaequent coun tenance. Hi. ignorance or hi. mom of juaUce must be a re h? mXla?y ,mp iC!,U0D ?f thU In hi. lifetime he made none; and no worda could authorize other, to make ?,oC? S I-'H*m#* The inUm**tori~ * ?V colleague from the other Houm were put, and grew out of the state ment. which were made to him, and which are found in a believe Thomas Jefferson Green, of Texas, I l Mr', H<?}Jjr8T?N- No? no< of Texaa. I believe he be longs to California. Mr. BUTLER. If he is in California now he formerly lived in 1 exas. I am instructed to ?y that theM interroga tones were made exclusively on hia authority, and net u7on disposedof* Calhoun 5 and therefore that point ia But there i. another point. My friend and colleague, I have no douot, had every reaaon to believe that the imputa tion bad been more than once made, that he had gone to Mississippi, a. the secret agent of Mr. Calhoun, to hold com munication in regard to the NarhviUe Convention. He had denied it two or three timea, and it had bMn published in the newspapers of thi. city, and had been received, I believe, with the approbation of the National Intelligencer. When, therefore, theM charges were peraevered in and reiterated in very impoaing terms in this body, they were calculated to wound the feelinga of my colleague as a man of honor, and to place him in a difficult position in regard to the people of Mississippi, who had extended to him the moat marked hos pitality. I am authorized to say that hia buainesa was en tirely of a private character, and that when theM charges were made he felt hinuelf wronged. Thp peroration of the honorable Senator from Texas may be intended for oratorical eflect. To that I can have no ob jection. But it may have a different meaning. I shall not notice it further than to put him and the country right as it regards a matter of information upon which he has ventured to make a statement in relation to the franchise of the citizens of South Carolina, that ia not to be found in their laws or their constitution. The people of South Carolina exercise with an amplitude almost unparalleled in any other 8tate, the right of suffrage. Every white citizen of South Carolina at the age of twenty-one years, with a residence prescribed by the constitution, without either poll or property tax, has a right to vote. I do not know that that can be said of any other State; and yet that is made a grave objection to the institutions of South Carolina, by one who chooMs to make himself a commentator upon them. 8outh Carolina has not exactly shown the temper and disposition of what are com monly termed progressive democracies She has not been one ol those States which have remodelled their institutions very often, or who have obeyed in some meaaure the great law of progress, by which I solemnly say before heaven I believe there is more danger to the permanency of the institu tions of this country, than there ever will be by the conserva tive institutions of South Carolina. Her people acquiesce in the constitution and laws of the country, and when they elect members to the Legislature, they elect them to fill the double office of voting for Governor of the State, and for President and Vice President of the United States. They have certain checks by which they never can have a law passed without the sanction of the concurrent interests, and I thank God for it 5 fori believe that the more impediments are thrown in the way of hasty and party legialation the better. And for thi., I suppoM, 8outh Carolina is to be held up to the censure of every lawgiver who chooses to regard himself a Lycurgus. Justice requires that I should say, in connexion with this subject, that no one is eligible to fill the office, either ot Senator or Representative in South Carolina, with out poesetsing a property qualification. That may be the reason of the mistake of the gentleman from Texas. But the two things ought not to be confounded. I believe I have now discharged every duty for which the occasion calls. The manner of the Senator, and every thing else in connexion with this matter, shows that he ia siocere. Whatever may have been his intention, I cannot undertake to say ; bat I believe, insofar a. he has expressed his feelings towards the individual, he is sincere. He may have commit ted errors, but I hope not those that have been imputed to him. I believe that Mr. Calhoun never spoke to General Wallace on the subject, and having said this much, I con ceive that I have discharged my duty. Mr. HOUSTON. Mr. President? The PRESIDENT. The Chair will be under the neces sity of arresting any further remark, in connexion with this matter. There ia no question before the 8enate. Mr. H0U8T0N. I will occupy the Senate but a moment. I can assure the gentleman that I cast no reflections upon Mr. Calhoun. All 1 said was, that I could not see the necessity for Marching through my history for a period of thirty-five years to find theM charges. I did not say Mr. Calhoun was to blame. Mr. BUTLER. I did not say you did. Mr. HOUSTON. I will now say that the explanation of the Senator from South Carolina is perfectly satisfactory in relation to the individual who wrote this book. He is a mo?t notoriou. man, and ia known from California to Boston. He did inhabit Texas for a short time, but I believe he has not been there recently. I believe he left in something of a hurry, not much regretted by Mme, and much wanted by others. As to the right of suffrage in 8outh Carolina, the r. mark I made was explanatory, in saying that no citizen of South Carolina, unlen in a representative capacity, had ever voted for a Governor or for Electors of the President of the United State.. That was all I aaid about South Carolina. But lean say, as far a. the Senator has connected himself with this matter, in making the explanation, be has only acted in accordance with his uniform demeanor of unceMing atid becoming courtesy and politeness and good feeling ; and I would not for the world have intimated the alightest reflection upon Mr. Calhoun, for there was really no justification for it, and I will not do any thing unjustifiable if I can help it. Mb. GIDDINGS, OF OHIO. In the House of Representatives on the 10th instant, Mr. Otis, from the sclect committee appointed to investigate cer tain charges against the Hon. Joshua R. Giddikgs, made the following report: "The sclect committee appointed under a resolution of the House of Representatives ' to investigate the charge against the Hon. Joshua R. Giddings of having improperly abstract ed certain papers from the files of the Post Office Depart ment,' with power to send for persons and papers, have at tended to the duly assigned them, and ask leave to report: " The committee have called before them the persons in this city who were supposed to be able to give information upon the subject referred to in the resolution, and it appears from their testimony that papers relating to the appointment and removal of the Postmaster at Oberlin had been impro perly abstracted from the files of the Post Office Department. Authority was sent to Ohio to take the depositions of those who had received any if the abstracted papers, and of any others who could give information touching this matte?. These depositions, the minutes of testimony, and such of the abstracted papers as have been returned are herewith submit ted. Neither from the examination of witnesses, nor from the depositions, were they able to ascertain with certainty by whom the papers were abstracted. "The committee are, however, unanimous in the opinion that there is no proof that Mr. Giddings abstracted the pa Eers, that they were transmitted to Ohio by him or under is frank, or that he was in any way connected with the trans action. " They therefore submit for the adoption of the House the following resolution: "Betolved, That the committee appointed 1 to investigate the charge against the Hon. Joshua R. Giddihgs ot having improperly abstracted papers from the Elas of the Post Office Department,' be discharged from the further consideration of the subject." The resolution was agreed to. PATAP9CO FEMALE INSTITUTE. THE PATAPSCO FEMALE INSTITUTE, near Balti X more, Maryland, will commence its scholastic year the 85th of September next Terms, $240 per annum, for Board and English Education ; no extra charges are made for wash ing, bedding, fuel, kc., as is the case with many schools, ap parent^, but not in reality, less expensive. No uniform dress is required; simplicity and economy in dress are recommend ed to the pupils, and extravagance is discountenanced. The favorable location of this Collegiate Institution, and other pe culiar advantages, have given it nine years of health and pros perity. Twenty-nine young ladies, having Ifinished the pre scribed course of studies, received their diplomas at the late commencement For admission apply to the principal, Mrs. LINCOLN PHELPS, Post Office, Silicon's Mill, Maryland. The Institute is situated within a few minutes' walk ol the depot of the Baltimore and Cumberland Railroad. aug8i?SawtlN ST. MA KIT'S SCHOOL, 264 W alnut street, Philadelphia, TI71LL be open for the admission of pupils on the 2d ol ff September. Terms and references may be made known on application to the Principal. augji?8m Miss HELEN M. PHELPS. THE ISLAND Of CUM A in I8SU, being a descrip tion of the island, its resources, productions, commerce, ke by Thomas W. Wilson, price 85 cents. Also, Wilson's Statistical Map of Cuba. 85 eents, this day received and for sale by R. FARNHAM. LAWS OF THE UNITED STATES, Passed at the First Session Thirty-first Congress. Public?No. 23. AN ACT proposing to the State of Texas tbe establishment K no^'? anJ boundaries, the relinquishment by the .aid State of .U territory claimed by her eiterior to i said boundaries, and of all her claime upon the United Stales, and to establish a Territorial Government for New Mexico. r^i 'it etyufe? Senate and House of Representative* of the L mted States of America in Congress assembled, That tbe following propositions shall be and the same hereby are offered to the State of Texas, which, when agreed to by the said Slate, in an act passed by the General Assembly, shall be binding and obligatory upon the United 8tates and upon the said Slate of Texas : Provided, The said agreement by the said General Assembly shall be given on or before tbe first day of December, eighteen hundred and fifty : / int. Tbe Slate of Texas will agree that her boundary on the north shall commence at the poiut at which the meridian of one hundred degrees west from Greenwich is intersected by the parallel of thirty-six degrees thirty minulea norih latitude, and shall run from said point due west to tbe meridian of one hundred and three degrees west from Greenwich ; thence her boundary shall run due south to the thirty-second degree of north latitude ; thence on the said parallel of thirty-two de grees of north latitude to the Rio Bravo del Norte, and thence with the channel of said river to tbe Gulf of Mexico. Second. The State of Texas cedes to tbe United 8tates all her claim to territory exterior to the limits and boundaries which she agrees to establish by the first article of this agree ment. Third. The State of Texas relinquishes all claim upon tbe United States for liability of the debts of Texas, and for com pensation or indemnity for the surrender to the United 8tates of her ships, forls, arsenals, custom-bouses, custom-house re venue, arms and munitions of war, and public buildings with their sites, which became the property of the United States at the time of the annexation. Fourth. The United States, in consideration of said estab lishment of boundaries, cession of claim to territory, and re linquishment of claims, will pay to the State of Texaa the sum of ten millions of dollars, in a stock bearing five per cent, interest, and redeemable at the end of fourteen years, the in terest payable half-yearly at the Treasury of the United States. fifth. Immediately alter the President of the United 8tates shall have been furnished with an authentic copy of the act of tbe General Assembly of Toxu accepting these proposi tions, he shall cause the stock to be issued in favor of the St?te of Texas, as provided for in the fourth article of this agreement: Provided, also, That no more than five millions of said stock shall be issued until the creditors of the State holding bonds and other certificates of stock of Texas for which duties on imports were specially pledged, shall first file at the Treasury of the United States releases of all claim against the United States for or on account of said bonds or certificates, in such form as shall be piescribed by the Secretary of the Treasury and approved by the President of the United 8tates: Provided, That nothing herein contained shall be construed to impair or qualify any thing contained in the third article of the second section of the "joint resolution for annexing Texaa to the United States," approved March first, eighteen hun dred and forty-five, either as regards the number of Slates that mty hereafter be formed out of the State of Texas or otherwise. Sec. 2. And be it further enacted, That all that portion of the territory of the United States bounded as follows : be ginning at a point in the Colorado river, where the boundary line with the Republic of Mexico crosses the same 5 thence eastwardly with the said boundary line to' the Rio Grande ; thence following the main channel of said river to the parallel of the thirty-second degree of north latitude; thence east with said degree to its intersection with the one hundred and third degree of longitude west of Greonwich; thence north with said degree of longitude to the parallel of thirty-eighth degree ol north latitude 5 thence west with said parallel to the sum mit of the Sierra Madre 5 thence south with the crest of said mountains to the thirty seventh parallel of north latitude; thence west with said parallel to its intersection with the boun dary line of the State of California; thence wiih said boun dary line to the place of beginning?be and the same is here by erected into a temporary government, by tbe name of the Territory of New Mexico: Provided, That nothing in this act contained shall be construed to inhibit the Government of the united States from dividing said Territory into two or more Territories, in such manner and at such times as Con gress shall deem convenient and proper, or from attaching any poition thereof to any other Territory or State : And provid ed, further, That, when admitted as a State, the said Terri tory, or any portion of the same, shall be received into the Union with or without slavery, as their constitution may prescribe at the time of their admission. Sec. 3. And be it further enacted, That the executive power and authority in and over said Territory of New Mexi co shall be vested in a Governor, who shall hold his office for four years, and until his successor shall be appointed and qualified, unless sooner removed by the President of tbe Uni ted States. The governor shall reside within said Territory, shall be commander-in-chief of the militia thereof, shall per form the duties and receive the emoluments of superintendent of Indian affairs, and shall approve all laws passed by tbe le gislative assembly before they shall take effect 5 he may grant pardons for offences against the laws of said Territory, and reprieves for offences against the laws of the United States until the decision of the President can be made known there on ; he shall commission all officers who shall be appointed to office under the laws of tbe said Territory, and shall take care that the laws be faithfully executed. Sec. 4. And be it further enacted, That there shall be a Secretary of said Territory, who shall reside theiein and hold his office for foui years, unless sooner removed by the Presi dent of the United States; he shall record and preserve all the laws and proceedings of the legislative assembly hereinaf ter constituted, and all the acts and proceedings of the Gov ernor in bis executive department; he shall transmit one copy of the laws, and one copy of the executive proceedings, on or before the first day of December in each year, to tbe Pre sident of the United States, and at tbe same time two copies of the laws to the Speaker of the House of Representatives and the President of the 8enate for the use of Congress. And in case of the death, removal, resignstion, or other necessary absence of the Governor from the Territory, tbe secretary shall have, and he is hereby authorized and required to exe cute and perform all the powers and duties of the governor during such vacancy or necessary absence, or until another governor shall be duly appointed to fill such vacancy. Sec. 5. And be it further enacted, That the legislative power and authority of said Territory shall be vested in the Governor and a Legislative Assembly. The legislative assem bly shall consist of a council and house of representatives. The council shall consist of thirteen members, having the qualifications of voters as hereinafter prescribed, whose term of service shall continue two years. Tbe house of represen tatives shall consist of twenty-six members, possessing tbe same qualifications as prescribed for members ef the council, and whose term of service shall continue one year. An ap portionment shall be made ai nearly equal as practicable among the several counties or districts for the election of the council and house of representatives, giving to each section of the Territory representation in tbe ratio of its population, (In dians excepted,) as nearly an may be. And th? members of the council and of the house of representatives, shall reside in, and be inhabitants of, the district for which they may be elected re spectively. Previous to the first election, the governor shall cause a census or enumeration of the inhabitants of the several counties and districts of the Territory to be taken, and tbe first election shall be held at such time and places and be con ducted m such manner as the governor shall appoint and di rect; and he shall, at the same time, declare the number of members of the Council and home of representatives to which each of the counties or districts shall be entitled under this act. The number of persons authorized to be elected having the highest number of votes in each of said council districts for members of the council, shall be declared by the governor to be duly elected to the council; and the person or persons, authorized to be elected, having the greatest number of votes for the house of representatives, equal to the number to which cach county or district shall be entitled, shall be declared by the governor to be duly elected members of the house of rep resentatives : Provided, That in case of a tie between two or more persons voted for, tbe governor shall order a new elec tion to supply the varancy made by such tie. And the per sona thus elected to the legislative assembly shall meet at such place and on such day as the governor shall appoint; but thereafter the time, place, and manner of holding and con ducting all elections by tbe people, and the apportioning the representation in the several counties or districts to the coun cil and house of representatives, according to population, shall be prescribed by law, as well as the day of the commencement of the regular sessions of the legislative assembly : Provided, That no one session shall exceed the term of forty days. Sec. 6. And be it further enacted, That every free white male inhabitant, above the age of twenty-one years, who shall have been a resident of said Territory at the time of the passage of this act, shall be entitled to vote at the first elec tion, and shall be eligible to any office within the said Terri tory ; but the qualifications of voters and of holding office, at all subsequent elections, shall be such as shall be prescribed by tbe legislative assembly : Provided, Tbat the right of suf frage and of holding office shall be exercised only by citizens of the United Statea, including tboae recognised as citizens by ihe treaty with the Republic of Mexico, concluded Febru ary second, eighteen hundred and forty-eight. Sec. 7. And be it further enacted, That the legislative power of the Territory shall extend to all rightful subjects of legislation, consistent with the Constitution of the United Sta es and the provisions of this act; but no law shall be passrd interfering with the primary disposal of tbe soil; no tax rfiall be imposed upon the property of tbe United 8tatos ; nor shall tbe lands or other property of non-residents be taxed higher than the lands or other property of residents. All tbe laws passed by the legislative assembly and governor shall be submitted to the Caogttm of the United State* and if diasn. proved shall ba null and of no effect. 8oc- <*? And it further enacted, That all townahip, dia trict, and county officer., not herein otbarwiaa provided for ?hall be appointed or elected, m tbe caae may be, in auch manner aa shall be provided by the governor and legislative aasembly of the Territory of New Mexico. The governor shall nominate, and, by and with the advice and conaent of the legislative council, appoint all officers not herein otherwise provided for ; and in tbe firat inatance the governor alone may appoint all said officers, who shall bold their offices until the end of the firat session of the legislative aasembly, and ahall lay off tbe necessary districts for members of the council and bouse of representatives, and all other officere. Sec. 9. And be it further enacted, That no member of the ; legislative aasembly shall hold or be appointed to any office which shall have been created, or the aalary or emoluments of which shall have been increaaed, while he was a member. | during the term for which be was elected, and for one year af ter the expiration of such term; and no person holding a com miasjon or appointment under the United 8tatea, except poet *haU b* ? member of the legislative anembly, or shall hold any office under the government of said Territory. ' J k lt fwil*r enacted, That tbe judicial power of said Territory shall be veeted in a supreme court, district courts, probate courts, and in justices of the peace. The supreme court shall consist of a chief juetice and twoaa sociate j ustices, any two of whom shall constitute a quorum, and who shaU hold a term at the aeat of government of said Territory annually, and they .ball hpU their office, during the period of four year* Tbe Mid Territory .hall be divided in to three judicial district* and a diatrict court shall be held in each of said districts by one of the justices of tbe supreme court, at such time and place as may be preacribed by law ? and the said judges shsll after their appointments, respectively' reside in the districts which shall be assigned them. The ju risdiction of the several courts hereto provided for, both ap. peltate and original, and that of the probate courta and of jus tices of the peace, shall be as limited by law: Provided, That justices of the peace shsll not have juriadiction of any matter in controversy when tbe title or boundariea of land may be io dispute, or where the debt or sum claimed ahall exceed one hundred dollars; and the said ; supreme and diatrict courts, respectively, shall possess chancery aa well aa common law jurisdiction. Each district court, or the judge thereof, shall appoint its clerk, who shall also be the regiater io chancery, !!Ti ^ office at the P,tce wlw? ^ court may be held. Writs of error, billa of exception, and appeals, shall be allowed in all cases from the final decisions of said district courts to the supreme court, under such regulations as may be prescribed by law j but in no case removed to the supreme court shall trial by jury be allowed in said court. The su preme court, or the justices thereof shall appoint ita own clerk, and every clerk shall hold bis ofifce at tbe pleaaure of the court for which be shall have been appointed. Write of error and appeals from the final decisions of said supreme court shall be allowed, and may be taken to the supreme Court of tbe United 8tates, in the same manner and under the same regulations as from the circuit court, of the United States, where the value of the property or tbe amount in con troversy, to be ascertained by tbe oath or affirmation of either party, or other competent witness, shall exceed one thousand dollars ; except only that in all case, involving title to slave* the said writs of error or appeals shall be allowed and decided by the said Supreme Court without regard to tbe value of the matter, property, or title in controversy; and except, also, that a writ of error or appeal shall also be allowed to tbe Su preme Court of the United States from the decision of tbe said supreme court created by this act, or of any judge there of, or of the diatrict court, created by this act, or of any judge thereof, upon any writ of habeas corpus involving thequestioo of personal freedom ;*and each of the said district courts shall have and exercise the same jurisdiction in all cases arising un der the constitution and laws of the United State, as is vested in the circuit and district courts of the United 8tates; and the said supreme and district courts of the said Territory, and the respective judges thereof, shall and may grant writs of habeas corpus in all cases in which the same are grantable by the judges of the United 8tates in the Diatrict of Columbia; and the first six days of every term of said courts, or so mueh thereof as shall be necessay, shall be appropriated to the trial of causes arising under the said constitution and law.; and writ, of error and appeal, in all such cases shall be made to the supreme court of said Territory, tbe same as in other cases. The said clerk shall receive in all sucb case, the same fees which tbe clerks of the district courts of Oregon Territory now receive for similar aervioes. 8ec. 11. And be it further enacted, That there .hall be appointed an attorney for said Territory, who ahall continue in office for four years, unless sooner removed by the Presi dent, and who shall receive the same fee. and aalary as the attorney of the United State, for the present Territory of Ore ^?n" ^ ^ere be a marshal for tbe Territory appoint ed, who shall hold his office for four years, unless sooner re moved by the President, and who .ball execute all processes issuing from the said court, when exercising their iuriwliction as circuit and district courts of the United States s he shall perform the duties, be subject to the same regulation and penal Ues, and be entitled to the same fees a. the marshal of the dis trict court of the United 8tates for the present Territory of Oregon ; and shall, in addition, be paid two hundred dollar, annually as a compensation for extra service.. 8ec. 12. And be it further enacted. That the governor, secretary, chief justice and associate justices, attorney and marshal, shall be nominated, and, by and with the advice and consent of the Senate, appointed by the President of tbe United States. The governor and secretary to be appointed as aforesaid shall, before they act a. .ucb, respectively take an oath or affirmation, before the district jndge, or .ome jus tice of the peace in the limits of said Territory, duly author ised to administer oaths and affirmations by the laws now in force therein, or before the chief justice or some associate justice of the Supreme Court of tbe United 8tates, to support the Constitution of the United State., and faithfully to dis charge tbe duties of their respective offices ; which said oaths, when ?o taken, shall be certified by the person by whom the same shall have been taken, and such certificate, shall be received and recorded by tbe nid secretary among the executive proceedings ; and the chief justice and associate justices, and all other civil officers io said Territory, before they act as such, shall take a like oath or affirmation, before the said governor or secretary, or some judge or justice of the peace of the Territory, who may be duly commisnoned and qualified, which said oath or affirmation .hall be certi fied and transmitted, by the peraon taking the same, to the secretary, to be by him recorded a. aforesaid < and afterwards, the like oath or affirmation shall be taken, certified, and re corded, in such manner and form as may be prescribed by law. J he governor ahall receive an annual salary of fifteen hundred dollars as governor, and one thousand dollars a. superintendent of Indian afiaira. The chief justice and .mo ciate justices shall each receive an annual salary of eighteen hundred dollau. The secretary .hall receive an annual sal ary of eighteen hundred dollars. Tbe Mid aalarie. .hall be paid quarter-yearly, at the treasury of the United State.. The members of the legislative assembly .hall be entitled to receive three dollar, each per day during their attendance at the sessions thereof, and three dollars each for every twenty miles travel in going to and returning from the said sewiona, estimated according to the nearest usually travelled route. There shall be appropriated annually the sum of one thousand dollars to be expended by the governor, to defray tbe con tingent expenses of tbe Territory < there ahall also be appro priated annually a sufficient sum to be expended by the secretary of the Territory, and upon an estimate to be made by the Secretary of the Treasury of tbe United 8tates, to de fray the expenses of the legislative anembly, the printing ?f the laws, and other incidental expense.; and the secretary ot the Territory ahall annually account to the Secretary of the Treasury of (he United States for the manner io which tbe aforesaid sum shall have been expended. 8ec. 13. And be it further enacted, That tbe legislative assembly of the Territory of New Mexico shall bold its first session at such time and place in Mid Territory m the gov ernor thereof shall appoint and direct; and at Mid first m? sion, or a. soon thereafter a. tbey .ball deem expedient, tbe governor and legislative aasembly .ball proceed to locate and establish tho sent of government for said Territory at such place aa they may deem eligible ; which place, however, shall thereafter be subject to be changed by the Mid governor and legislative asMmbly. Sec. 14. And be it further enacted. That a delegate to the House of Representatives of the United 8tatea, to serve dur ing each Congress of tbe United 8'ates, may be elected by the voters quslified to elect member, of the legislative assem bly, who shall be entitled to the Mine righto and privileges aa are exercised and enjoyed by tbe delegate, from the several other Territories of the United 8tate. to the Mid House of Representatives. The first election shall be held at such time and places, and be conducted in auch manner, m the gover nor shall appoint and direct; and at all subsequent election., the times pl.ee* and manner of holding the elections aball be prescribed by law. The person having the greatert num r o vo es shall be declared by tbe governor to be duly elected, and a certificate thereof shall be given accordingly: rovided, That such delegate .ball receive no higher ram for mileage than ta allowed by law to the delegate from Oregon. ? nf0' j ? lt furt^er enacted. That when the land, in the Mid 1 erritory shall be surveyed under the direction of the Government of the United 8tates, preparatory to bringing * the same into market, sections numbered sixteen and thirty six in each township in said Territory, shall be and the ?mo are hereby reserved for the purpoM of being applied to schools in said Territory, and in the State, and Territories hereafter to be erected out of tbe Mine. Sec. 16. And be it further enacted. That, temporarily, nnd until otherwise provided by law, the governor of Mid Territory may define the judicial diatrict. of said Territory, and assign tbe judges who may be appointed for Mid Terri tory to the several distpcts, >nd aim appoint tbe time, and place, for holding court, in the several countiM or subdivisions in Mch of said judicial district, by proclamation to be iaroed by him ; but the legislative aasembly, at their firat or any subMquent session, may organize, altar, or modify such judi cial district., and assign the judge., and alter the times and