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320 CONG.....3p Sess.
Special Session— Clayton-Bulwer Treaty.
made to the resolution by the present Secretary upon the public mind in reference to the state of The PRESIDENT. They can be divided by of the Navy, they have bargained at ten and a things in Central America, so far as we are con unanimous consent. The first resolution is adopihalf per cent., by way of exchange; and instead cerned; and having had the honor, not long ago, || ed, and the question is on postponing the further of purchasing American coal at the price at which in another capacity, to submit a communication to consideration of the second. it was offered to them, which by the tests made the President, which was transmitted to Congress, Mr. MASON. I have no desire to interfere by the engineers in chief, and by the officers in in reference this subject, I am desirous, and I with the proposition of the honorable Senator from command of steamers, is greatly preferable to think it would be perhaps in some degree for the Massachusetts; but I entertained the idea that we English coal, they have bought English coal at a public interest, that some further explanation should be able to adjourn on Monday next, sine higher price. Now, I certainly did not intend to should be made in reference to the state of things || die. reflect on the Senator's constituent. I never in Central America at this time, so far as we are Several SENATORS. Oh, no; we cannot do that. would do injustice to any man, high or low; but connected with it.
Mr. MASON. I submit the suggestion that the when I see the Government funds squandered, In doing this, which is really the principal, and consideration of the subject be postponed until and American interests neglected, in order that || I may say almost the only object which I have in Saturday. some parties may be benefited, I must take notice view in claiming the attention of the Senate for a
Mr. ÉVERETT. I have no objection. of it. "I do not refer to the bureaus, by any means.
short time, I shall wish to make some reference Mr. MASON. I make that motion to test the I think it was really, from what I have heard and to the proposition of the 30th of April last, which sense of the Senate. seen, through the agency of other persons; but it was the object of the Senator from Delaware to Mr. SHIELDS. It will be utterly impossible that is the state of the case, and the community, I get before the Senate. Inasmuch, therefore, as to do that. There is business of the Senate which the great constituency which we all represent, will the Senate has made a special order for this day, requires that we should sit longer than until next judge whether I was right in what I said or not. for the election of certain officers of the Senate, Monday. I do not think it will be possible to ad
Mr. BUTLER. All I have to say in rejoinder | it would be an accommodation to me, and I think | journ at that time. is, that Commodore Shubrick had a limited ad. also to the Senate, if the Senate would consent, Mr. MASON. To test the sense of the Senministrative agency, and of course none of the by general acquiescence, to pass the resolutions of ate, I move to postpone the resolution until Satblame or censure could fall upon him. It was a the Senator from Delaware. I understand it was urday, stipulation, I suppose, entered into by the Navy | his expectation in moving them, that the second Mr. BADGER. I move to amend the motion Department itself, perhaps, as the Senator says, resolution would require considerable time to by inserting Monday instead of Saturday. under some influences; but I do not believe that meet it; that the answer would not come before Mr. Badger's motion was agreed to. Commodore Shubrick can be charged as having the next session. It is a call for general informaintentionally either perpetrated a wrong on the tion in reference to the affairs of Central America. PAY AND MILEAGE OF DAVID L. YULEE. Government, or done anything to the prejudice of But with reference to the first resolution, which The Senate then took up for consideration the American interests.
calls for an answer with regard to the proposition resolution submitted by Mr. Morton on the 7th Mr. PEARCE. The remarks which have been of the 30th of April, it can be answered in half instant, to allow per diem and mileage to David made might seem to throw some censure upon an hour, if it is the pleasure of the President. The L. Yulee during the time he contested the seat of the late Secretary of the Navy, Mr. Graham, and papers can be sent in to the Senate to-morrow or Mr. MALLORY. I think it due to him that I should state my recol the next day, and they can be referred to without
“Resolved, That there be paid out of the contingent fund lection of a conversation which I had with him inconvenience or impropriety, and it would be an of the Senate to the Hon. David L.. Ywee, a sum equal to last summer in relation to the supply of coal for accommodation to me that that should be the case the amount of mileage and per diem compensation of a
Senator, from the commencement of the first session of the the Japan expedition. Though I do not profess before I proceed to address the Senate as I shall to recollect all the points with accuracy, I think wish to do on the subject. I have consulted the
Thirty-second Congress to the 27th of August, 1852, the day
on which the Senate decided that the Hon. Stephen R. I can state, with a little certainty, a few things honorable chairman of the Committee on Foreign Mallory, whose seat in the Senate was claimed by him, which will go to excuse that gentleman from any Relations in reference to this matter, and he ap was duly elected a member of the Senate from the State of
Florida." reproach which may be cast upon him.
proves of the course which I suggest. I thereI understand that Commmodore Perry came fore respectfully ask that the resolutions of the Mr. MORTON. All I can say in advocacy of here to see the Secretary of the Navy, and urge
Senator from Delaware be passed for the object the resolution is this: I only ask for my former upon him the importance of securing the supply that I have stated. The proposition of the 30th | colleague that justice or liberality which has hereof coal from persons of such undoubted respecta
of April should be communicated to the Senate, || tofore been given to persons in similar cases. It bility as that there could be no possibility of a and when we get that, the discussion of the sub- || is the custom of this and the other House to pay failure to deliver the coal at the proper place and | ject can be resumed, if such is the pleasure of the the persons who contest a seat the per diem and time. It was thought to be all-important to the Senate.
mileage for the proper time. success of the expedition, and that it might be Mr. MASON. The honorable Senator from Mr. BRIGHT. I do not know that I wish to entirely prostrated, or at least paralyzed if the coal Massachusetts did me the honor to confer with me be considered in the attitude of opposing the resowas not put in such a condition as to be obtained this morning on the expediency of passing the first lution; but as I was chairman of the committee when wanted. He was therefore induced to resolution offered by the Senator from Delaware, | that had charge of the contested-election case, I make the arrangement which he did make, and in order to bring before the Senate the information | think it is my duty to remind the Senate that the undoubtedly the statement of Commodore Shu to which the Senator from Massachusetts refers, | committee unanimously reported against the right brick is correct, with Howland & Aspinwall. I and very properly refers, as pertinent to the sub- of Mr. Yulee to a seat here, and the Senate as believe their competency was undoubted. Their ject under debate. It refers to the message of the unanimously confirmed that report. Now, if it is ability to comply with the contract, at the precise President of the United States of the 18th of Feb the pleasure of the Senate to pay the mileage and time necessary for the delivery of coal, was un ruary last, communicating
the correspondence of per diem under such circumstances, I shall not obquestioned. But in addition to that, the Secretary the British Minister in reference to the affairs of || ject; but I desire the Senate before they vote, to then informed me, and I do not think that I am Costa Rica and Nicaragua. That letter has been know that the committee were unanimous in remistaken, that after examining the whole subject, l referred to in the Senate in a general way; but the porting against the right of Mr. Yulee, and the the conclusion was arrived at that the operation information is not before us, and cannot be brought Senate, without a dissenting voice, on the call of would be quite as economical as that in the place before us without the adoption of this resolution. the yeas and nays, confirmed the report. of which it was substituted. Thus much I'nave I submit, therefore, cheerfully to the request of Mr. DOUGLAS. 1 desire to say, and the Senthought proper to state, and I will say no more, the Senator, that the Senate should pass the first ate will recollect, that I wished a postponement of because I understand there is a full report on the resolution. The second resolution, before it is | this question, that I might have an opportunity subject by the present Secretary of the Navy. passed, I think should be altered so as very much of examining it, and making a speech upon it. io enlarge the scope of it.
The examination I had given the subject convinced
me, so far as it had gone, that there was great The Senate resumed the consideration of the ginia asks for a division of the question. The plausibility in the claim of Mr. Yulee, and I was resolutions offered by Mr. CLAYTON, on the 7th question will be on the adoption of the first reso inclined to think at that time and I believe no instant. lution.
man can doubt that he believed he was entitled Mr. EVERETT. When the Senator from The first resolution, which is as follows, was to a seat, and prosecuted his claim to it in good Delaware took his seat yesterday, I was desirous adopted:
faith. No one that knows him can doubt that he of catching the eye of the President, with the view
“ Resolved, that the President be respectfully requested,
believed that. And when a Senator prosecutes a of obtaining the floor to make a few remarks upon if compatible, in his opinion, with the public interest, tó claim in good faith, I have yet to learn that the Senthe subject which has been under discussion; and communicate to the Senate the propositions mentioned in ate have ever declined to make such compensation
the letter of the Secretary of State accompanying the ExI should have been glad to have done so at that ecutive message to the Senate of the 18th February last, as
as is asked by this resolution. If I recollect right, time. I did not succeed; and now by the cour having been agreed upon by the Department of State, the
we have within this year paid a gentleman who tesy of the honorable chairman of the Committee British Minister, and the State of Costa Rica, on the 30th did not claim a seat, or assert his right to it. It on Foreign Relations, who moved to postpone the
of April, 1852, having for their object the settlement of the is true there were members of the Senate who
territorial controversies between the States and Governsubject, I have the opportunity of addressing you ments bordering on the river San Juan."
thought him entitled to a seat, although he did not at this time. I am not desirous by any means of
claim it. He set up no claim whatever. I believe entering into the debate which has occupied the
Mr. EVERETT. I now move a further post there has not been a case in the history of the Senate during the past week. I presume it is ponement of the consideration of this subject until | Government, where there has been a contest, in hardly the expectation of the Senate that that de- || Monday next.
which the party who lost his seat has not been bate should extend beyond those gentlemen who Mr. BADGER. I would suggest to the Chair paid. Certainly we have not refused to pay where have been necessarily drawn into it. Being how whether, as these two resolutions were offered as there has been ne imputation that the contest was ever, sir, under the impression that if the debate one subject, the postponement of one would not not made in good faith. should close here altogether, it would leave a carry the whole subject with it--the first resolu Mr. MASON. I think it due to the occasion somewhat painful and unsatisfactory impression ll tion as well as the second?
to say, as I was a member of the select committee
320 CONG.....30 Sess.
Special Session-Pay and Mileage of David L. Yulee.
on the subject, that although that committee, as Kentucky, (Mr. Meriwether,) who, I under
the claim is an unfounded one, I can see no prosuggested by the honorable Senator from Indiana, stand, has not taken the pay awarded to him under priety in making the payment. If we do thal, was unanimous in the judgment to which they the order of the Senate, but clearly would be enti every man who thinks proper to do so, may come ultimately came, after a full examination of the tled to take it if he thought proper to do so. That, here and set up a claim, and although he may have subject, and although, in my opinion, and in the I
was a very different case from this. There the unanimous vote against him, he must have his opinion of the committee, the purely legal ques are many gentlemen in this body yet who think | mileage and per diem. He may stave off the detion was against Mr. Yulee, yet there can be as that he was entitled to the seat; that the limitation | cision the whole of the session, and go home and little doubt that the gentleman honestly entertained imposed by the Governor of the State of Ken- | altend to his business and come back here at the the very opposite opinion to the committee; and tucky in the pro tem. appointment given by him, end of a session of nine months, and obtain pay, it was evinced, by the degree of perseverance was a limitation not within his power to make ; for the whole time. It may seem to some to be a industrious perseverance-on his part to bring the that he had power to fill the vacancy for the full matter of no consequence, but the principle insubject to a favorable result. He pressed the case time and not for the time limited in the appoint-volved is an important one, and we should propvery strongly, and with an earnestness which ment. In this instance, however,—but I am not erly decide it. showed the honesty of his intention, and his de- || going into the case; it has been settled-Senators Mr. MORTON. It is perhaps due to myself sire to have the question properly determined. He understand why it was Mr. Yulee claimed the seat. and to my late colleague that I should here say a employed, and had before the committee, gentle He alleged that twenty-nine blank votes elected word. During the pendency of the contest before men of the bar very elevated in their position || him. That was the point in a few words. With the Senate between my late and my present coland of great distinction, and he must have incurred the honorable Senator from North Carolina, I league, I studiously avoided participating in it in a serious expense. So that although the opinion never believed that he had the color of a claim, I any form or shape. The acts and doings of my of the committee was against him, as well as the nor did I suppose at the time the case was dis- Legislature were passed in review before the Senopinion of the Senate, yet, in my judgment, the || posed of, that he would assert his right to the ate; but propriely on my part, I thought, required Senate should give him the compensation which | compensation resulting from the prosecution of that I should not participate in the contest so long this resolution proposes to give.
his claim; but if it is the pleasure of the Senate to as it assumed no broader ground than the contest Mr. BUTLER. Mr. Yulee represented a State | give it to him, be it so.
between the two gentlemen. In truth, the questhat is a neighboring one to my own. I know him Mr. SEWARD. I shall vote for this resolu- tions involved were constitutional and parliamentvery well; and while my judgment from the be- tion, upon the ground that when Mr. Yulee pre ary questions, which I did not think myself qualis ginning was decidedly against him, yet if it had sented his objections to the sitting member, I was fied io decide; and I was willing that ihey should been a question depending entirely upon common uncertain whether the election of the sitting mem be decided by the able parliamentarians and conlaw principles, he would have succeeded. And ber was valid or not. The objections were such stitutional lawyers elected by the Senate to decide when I attended before the committee, and heard as at least, in my opinion, called for a legislative the question. They, after nine months'considerthe arguments made by eminent counsel whom he investigation. The result of the investigation re- | ation, decided that question, in which decision the employed, I know there were many friends who moved all doubt in my mind, as it did in the mind
Senate quiesced. I have not a word to say in changed their opinion, who were of opinion that of every other Senator. I am sure that there was opposition to the decision. My situation was a Mr. Yulee was right. I must say another thing, such a question
in the way of the sitting member, delicate one. My relations were of the most that so far as regards that discussion, many im- | that, to do justice to the State of Florida, it was friendly character towards both gentlemen. They portant principles were discussed, and I think set necessary to examine it. Now, I think there both belong to a different party organization from the iled-settled by the judgment of the Senate. Cer would have been no such investigation if it had one to which I belong; and of course my vote on tainly, they were presented forcibly by arguments; not been brought about by Mr. Yulee; and it was such a question could not have been conirolled by and I am satisfied that Mr. Yulee's perseverance his right to bring it about. I think, under such a consideration of that kind. But I think it due his tenacity of purpose everybody knows-upon circumstances, it was his duty to bring it up; and to my late colleague, who now stands in the posithat occasion, evinced what the Senator from Illi- || having brought it up, he certainly ought, accord tion of a constituent to me, that I should say here nois says, that he was conducting this protesting to the past practice of the Senate, to receive to the Senate, as most Senators who know him against the honorable Senator who fills the seat, some compensation.
will believe, that he honestly and religiously bein good faith. In that view, I am reconciled to the Mr. ADAMS. When this resolution was first lieved that he was entitled to the seat which he resolution.
offered by the Senator from Florida, I opposed it, demanded; that he believed it involved a high conMr. BADGER. As I was on the Select Com- and I have seen no reason since to change my stitutional question which should be decided by mittee, and concurred entirely in its report, and opinion. I then thought, and I still think, that if the Senate; that he was not influenced by any from the first examination of the case, and after an individual thinks proper to contest the seat of | sordid or mercenary motives in prosecuting the the arguments, could find nothing on which to a member elected by his State Legislature, he has contest; that nothing of the kind had influenced hang a doubt, I think it proper to add a word to a right to do so; but he should do it at his own him, but that he honestly believed that he was enwhat has been said by the Senator from Virginia. || hazard, unless the grounds for the contest are so
titled to the seat. I think he is certainly correct. However clear | plausible as to produce some division of opinion
As to the allusion which the Senator from Mismay have been the judgment of the committee and in the body. It is known that the Senate gave to sissippi makes to the time during which the conthe Senate, the gentleman who was claiming the Mr. Yulee a most patient investigation. They test was pending before the Senate, the committee seat was firmly convinced that he was entitled to l gave him a committee of this body—a learned and will bear me out in saying that it was no fault of it. And there is another consideration which wise committee. That committee heard his coun my late colleague. The Senate will recollect the weighs with me. He was asserting that claim, sel, and after every Senator had made up his mind, constitution of that committee; that after it was not with the view of procuring the seat for himself || he was permitted to appear at the bar and make a first appointed, some three or four were called in this body, but to vindicate what he believed to speech of two hours at the close of the session home and vacated their seats, and other members be a constitutional principle and the right of the when our appropriation bills were in danger, and had to be appointed. My late colleague was anxState of Florida; for he declared himself unequivo- | when every Senator, notwithstanding his respectious that a prompt decision should be had; every cally, that that being his object and his sole object, to him personally, had so completely made up his courtesy was extended to him. He was heard be. if the vote of the Senate should award the seat to mind that there were few listening to his argument,
fore the committee and before the Senate. It is him, he would not take it, but would refer the and then after having consumed that period of anx true he was heard, as the Senator from Missismatter again to the judgment of the Legislature of ||iety and excitement, the liberty was extended to sippi said; but, if I may use an Irish bull, he was Florida. It being a case, then, of a gentleman, him to consume another hour; and after all that, I heard but not listened to. It was too near the who, however mistaken, was yet sincere, and not one single member of the body voted to give close of the session for the Senate to attempt to who though prosecuting the contest with zeal and him his seat.
review and pass judgment upon the decision of energy and at great trouble and expense, was not If, sir, we get this down as a precedent, where the committee. seeking anything for himself, either of honor or the claim was so fallacious as not to be able to get
I have felt bound in justice to my late colleague of profit, but a mere vindication of what he believed one man out of sixty-two to vote for it, and we to say this. I think he was operated upon by no to be a legal, constitutional truth, and the right of should pay him for the entire session, we may as mercenary views and motives whatever. If he his State, I think it is but fair and just to pay him well pass a resolution that whoever runs against had been he would have gained nothing, for I the compensation. I hope, therefore, the resolu- | another and is defeated and contests the seat, shall doubt not that the loss of time, which was valution will be agreed to.
be paid a per diem and mileage for the first session, able to him, and the expenses incurred in the prosMr. BRIGHT., I did not mean to intimate by and that will save the trouble of the Senate inves- | ecution of his claim will not be covered by the the remarks which I made when first up, that I | tigating each claim. What propriety, I ask Sen amount of compensation proposed to be given him doubted the sincerity of the contestant in the case ators, is there in allowing Mr. Yulee pay, simply by this resolution. referred to. I have no doubt that he believed he because he thought proper to prefer a claim to the Mr. BORLAND. I shall vote for this resoluwas honestly entitled to the place, and believed seat of an individual elected to this body? I can tion, as I think all such resolutions have heretothat at common-law he was entitled to the seat. see none. I know the House of Representatives fore been adopted, so far as I can learn, both in He prosecuted it, as stated by the Senator from has been in the habit, where a contest was plausi- the Senate and in the House of Representatives, North Carolina, with the view as he said of set ble, and a doubt was entertained, and a difference without any reference to the question involved as tling a great principle; and if it be the pleasure of of opinion prevailed in regard to the right, to refer affecting the right of the sitting member, or the the Senate, under these circumstances, to award | it to a committee for investigation, an d when the one who lost his seat. All that I understand has him the pay and mileage which belong to a sit conclusion had been arrived at to pay both. I been looked to in the action of either House, in ting member of this body, I certainly raise no ob- know that upon many occasions when this ques- | settling a question of this kind is, Did the individjection. I have my doubts, however, as to the tion has been determined in favor of one over the ual act in good faith in prosecuting his claim? propriety of such a result.
other claimant, where there was a doubt, and where Mr. ADAMS. I will explain what I underIt is a very different case from the one referred | it was thought right and proper that the question stand to be the case. Formerly, when an indi: to by the Senator from Ilinois. I suppose he re should be brought before the body, they have been vidual claimed the seat of the sitting member, and ferred to the case of the honorable Senator from ll paid. But, where the decision is unanimous, that the sitting member was ousted, then the sitting
320 CONG.....30 Sess.
Special Session-Pay and Mileage of David L. Yulee.
member, and the one entitled to the seat were both
I do not know how other gentlemen tion, and I believe the Senate would make an inpaid. That was the custom for some time. More regard the system of receiving counsel before the vidious distinction in the case of Mr. Yulee if they recently, I admit, the course mentioned by the committees in the argument of cases; but for refuse to adopt it. It is claimed here that Mr. Senator has been followed.
myself, it is a system that I would not encourage. Yulee, for the principle for which he was contendMr. BORLAND. I am not thoroughly informed If trials are to go on in committee rooms, and the ing, was negatived or decided against by a unanon this subject; but so far as I do know, there has committees are to give audience to the counsel that || imous vote of the Senate. I do not remember never been an instance when the per diem and go there for the purpose of litigating cases, there precisely how the vote stood. If my recollection mileage has been refused. I have never heard of will be no end to it. I understand the gentlemen of however serves me properly, the record will show an instance.
the Senate to have sufficient capacity, especially that the number by which it was settled against A SENATOR. The Senator is mistaken.
such as constituted that committee, to arrive at him was a very small list of members; that there Mr. BORLAND. The Senator says I am mis- || sensible and just conclusions upon any subject, were a great many who did not vote at all, a great taken. I am aware that my information is not and to be able to make a decision as learned and many who at the time had not made up their perhaps as extensive as that of other Senators; but sensible and just, as if they had all the able legal minds, and did not wish to be committed upon 1
am not aware of an instance. I think I may counsel in the United States to argue the case be the record. I believe it will be found that I did speak confidently in saying there has been no in- fore them. It is the case in both branches of the not vote at all; and to this day, I must say, that stance in the proceedings of the Senate.
National Legislature, that counsel are received and whatever I may feel as to persons, I have extreme But, Mr. President, something has been said the cases tried pro and con in the case of impeach- doubts in regard to the principle contended for with regard to the unanimous decision of the Sen- ment, which are always ex parte; and the body by Mr. Yulee. What was it?' It was a thing ate upon the contested question—that there was acts as an inquest, and a special trial takes place, that affects us in the western and northwestera no difference of opinion in the committee or in the and no conclusions ever can be arrived at, because States, where the township system of government Senate. It is true, that was the result; but we all days are consumed just by the presentation of prevails, where the people come out and are called know-nothing is better known—that in the be- counsel and elaborate arguments. The cases here upon to say who they want for officers. Suppose ginning of that contest, and for a long time during in this Senate, and if I understand it, in the House a man is put in nomination, and there are twentyits pendency, there was great doubt in the minds of of Representatives also, are to be prepared for in- | nine who vote for him by name, and there are genilemen-very great doubt. I know that while vestigation in committees, and presented in the twenty-nine others present who cry out to the some Senators doubted, others were of the opinion body where the trial in chief takes place.
chairman of the board " Blank;" what, sir, would that Mr. Yulee was entitled to his seat, but who If the gentleman in whose behalf this resolution be the duty of the man sitting as chairman of the changed their minds after the investigation was has been introduced was the only human being board, and of the board itself? To declare that had, and voted the other way. And some gen. mistaken in a case, the facts of which he must there was no election? If that were so declared tlemen did not vote at all, because, as they alleged | have misunderstood, his judgment certainly must in eight cases out of ten an election might be preat the time, the report of the committee had not have been very defective, and I think that if the vented. Here is a plain case which comes practibeen long enough before the Senate to enable | rejection of this resolution would operate to re cally to the mind of every man who comes from members to examine it for themselves, and con buke gentlemen under similar circumstances, it a State where the township system prevails. sider all the questions which were presented. I ought to be rejected. I call for the yeas and nays. This might be a practical question in those know several, myself among them, who failed to Mr. BRODHEAD. As the yeas and nays are cases, and I must say, to this day my mind is vote for that reason. Sir, nobody doubted, I ap- | called, I beg leave to say that I think the hon not clear upon the point; and when gentlemen prehend, that Mr. Yulee prosecuted his claim in orable Senator from Texas misunderstands the arise here and pronounce the principle raised as good faith, whatever may be their opinion of his true point in the case. He seems to think that || absurd, it seems to me they do not reflect upon judgment in the matter. I know further that be- it was a question of fact, and that Mr. Yulee | the length to which the matter might be carried. fore he commenced the prosecution of it, he con should have ascertained that fact as well as the It was a majority of the Senate I believe who sulted a great many Senators; that he took the members of this body. If I recollect the case it | voted unanimously that there was nothing in this opinion of a number of Senators, learned and ex was a question of law, and one with regard to thing. That is the way Mr. Mallory took his perienced. While some expressed the opinion which I doubted very much. The only question There is no one more gratified to associate ihat ne was entitled to the seat, hardly any whom now to be decided is, as to the intentions and mo with that gentleman than myself. He represents he consulted failed to say there were plausible tives of Mr. Yulee. If he came here in good faith his State most ably, and in social life is all that grounds in his favor, and really no good reason to bring that great question to the notice of the we could ask of him. But it is not a question as for supposing a good claim might not be made out. Senate, as he did with great ability, then, accord- between the present sitting member and the one He undertook the prosecution of it, after consulta- ing to the usage of the Senate, he ought to be who contested his right. It is a principle that tion and advice; and I am satisfied upon as honest paid, and no invidious distinction should be made runs into the law of election; and it is one, I will convictions as any man ever entertained that he against him. Believing, as I do, that he came venture to say if you bring it up in a different way, was entitled to the seat.
here in good faith, and knowing that he labored the Senate is not at this day prepared to deterNow, sır, with regard to the case quoted by the assiduously to get an early decision of the ques- | mine. I do not agree, therefore, with those who Senator from Illinois, and by the Senator from tion, I shall most cheerfully vote for the resolu- | pronounce this thing an absurdity. Indiana, (the Kentucky case,) it makes no differ tion.
If this be the state of the case, where was Mr. ence whether the gentleman claimed his right to a Mr. HOUSTON. The honorable Senator from Yulee's fault? I believe this is the state of the seat or not. The Senate voted, I believe unani Pennsylvania misapprehends me entirely. I did case; and the record will show that there was far mously, that he, without contesting his seat, with not state that it was a mere question of fact which from being a unanimity in the body by an affirmout even asserting his right to it, should have the was to be tried by the committee. It was a mat ative voice in favor of the absurdity of Mr. per diem and mileage. It was supposed by many ler of law, as I understood it, and it was referred Yulee's position. The Senate was thin at the that there was a great principle involved, which to a most select and judicious committee of time, if I recollect aright, and by no means all was brought before the Senate to be settled. And gentlemen learned in the law, perhaps quite as who were present voted on the question. They in consideration of that fact, and because it was much so as the gentleman who claimed the seat, or were not satisfied with regard to the matter. The not one of those cases pressed before the Senate in as the counsel he introduced before the committee, subject, however, is not now before the Senate. a factious spirit, or for any personal advantage to and equally competent to arrive at a just decision. I am willing to bow to their decision. But this the individual, the Senate awarded the per diem It was a matter of principle that they could inves- | thing might come up with some phases that would and mileage, acknowledging that it was convinced tigate as well as the fact. I do not think any ev. leave the Senate exceedingly embarrassed to dethat he was entitled to it.
idence was introduced to sustain the claim of the cide it. This, then, was the position of Mr. Mr. HOUSTON. I I do not desire to occupy | applicant to the seat. I never heard there were Yulee. He was contending for a principle of law, the time of the Senate, but I will take the liberty | any facts in the case but those which were admit- and contending for that alone; for as it resulted, for calling for the yeas and nays on the question, i ted by all parties, and it was strictly a matter of really he was not contending for the seat for the I think there is no analogy between this case and constitutional law which they had to decide. In purpose of occupying it; and I must say it would the case referred to by the Senator from Arkansas, arriving at a conclusion, they had as many lights look a little hard to him, after he has persevered the Kentucky case. There was a division of sen before the committee as could be furnished by the in the matter, as he did apparently with candor, timent in the Senate in relation to that case, and most able counsel, and were just as competent to with sincerity, and with magnanimous views, that it was argued here by Senators. In the case of decide the case correctly as after all the elaborate he should now be turned off entirely, and told not Mr. Yulee, so far as I recollect, there was no dis- | arguments of the counsel upon the subject. I only that he was voted and expelled as it were, cussion in the Senate, nor any speeches made ex cannot suppose that it was because it was a prin- | by the unanimous vote of the Senate, but that it cept by the contestant. I believe he convinced no ciple contended for by the gentleman, and that also should be said to him, contrary I believe to one of anything except that his zeal extended principle was in itself absurd, without any reason almost every other case that has ever come before only to an anxiety to displace the sitting member. or foundation, we should vote an appropriation the Senate, that he was not entitled to its conHowever that was, and however zealous he might for his benefit, if he misapprehended a principle sideration at all, so far as having a portion of the have been in the advocacy of constitutional prin- of law; for he was a learned jurist himself, and expenses with which he was embarrassed, paid ciples, and however strong his desire might be to ought to have understood it. "If his anxiety ex out of the contingent fund of the Senate. It is in maintain them, I could not pretend to say; but it tended no further than merely to have a constitu- that point of view I look at the matter.
He was was very singular that the Senate should unani- || tional principle investigated and decided, the our honorable associate in Congress. He occumously concur in the opinion that he was not en commitiee were competent to do that; and if he || pied an honorable position in this body. We then titled to a seat, and that he alone, when the facts | employed counsel, it was extraneous to the ne- fellowshipped with him. We looked upon him were understood, as they must have been, should cessities of the case entirely, and I cannot vote as one who represented, and represented well, the believe that he was entitled to a seat, and that the for the resolution, either to cover the contingency interests of Florida. Whether Florida considered sitting member was not. Whatever expense may of his attendance or for the employment of coun- her interests as well represented by him or not, I have accrued from the employment of counsel, sel.
do not know, but we considered him as an efficient Mr. President, forms no part of the consideration Mr. WALKER. I shall vote for this resolu- ll member, and in social life he was a gentleman.
320 CONG.....30 Sess.
Special Session—Election of Officers.
We never saw him in a debauch. We never saw this resolution, I desire to say a word or two in seat and its perquisites and profits who is entitled him degrade himself below the position of a gentle- reference to it. Both in this House and in the to them, and then the man who by the judgment
We always found him a kind, courteous, other branch of Congress, it seems to me there has of the proper tribunal fails in his claim, let him and affable gentleman; and it does look to me a grown up a great abuse in reference to this thing of go out of court and take nothing by his declaralittle hard that when he is not here, when he is no paying gentlemen who contest seats. Thecommon tion. I shall vote against the resolution, while longer before us, that we should in this manner law notion is, that he who sets up a false clamor, towards Mr. Meriwether and Mr. Yulee I have turn the cold shoulder to him, and not be willing whether it be in an action of ejeciment for land, or nothing but the kindest feelings. In my judgment to do for him what we always do in such cases. in regard to personal property, if he fails to estab it is impolitic to sanction such a principle. I do not let my recollections go in this manner. lish his right, he is amerced, and gets no mercy Mr. `ADAMS. If the Senate is prepared to I remember that man with kindly recollection. I for his false clamor. A man is returned to either | vote, I have no objection; but if the debate is to found him here when I came here. There are few House of Congress. The presumption of the law continue, we have a special order for the election in this Senate who were here then; and I shall is that the certifying and returning officers have of our officers. continue to remember him in the kindly relations | done their duty. By the presumption of common
Several SenATORS. Let us vote now. of social life, as a gentleman; one who for the time sense and the common-law, the man returned by Mr. ADAMS. I just wish to say that no one being, occupied a respectable and honorable seat them is supposed to be the man entitled to his has said aught against Mr. Yulee personally. here; and when gentlemen assert that the position seat. A gentleman chooses to contest it. When Mr. PETTIT. Not being advised upon this which he took in this contest was absurd, they he makes that contest, and, after a fair trial, loses question sufficient to do justice either way, I ask will, I think, have some abatement of their zeal || it, and it is decided that he is not entitled to it to be excused from voting. and earnestness in that assertion, when they reflect || but one man is entitled to the per diem, the mile The PRESIDENT. The Senator will be exinto how many channels the doctrine for which age, and the perquisites, whatever they be, you cused, if there is no objection. Mr. Yulee was contending may run. I think that || duplicate the pay for a contest which has delayed The yeas and nays were ordered; and being we ought, in justice to Mr. Yulee, vote this com you in time, and caused you various other ex taken, resulted-yeas 23, nays 19; as follows: pensation. I shall be glad to see it done.
penses; and thus, instead of letting the common YEAS–Messrs. Badger, Borland, Brodhead, Butler, Mr. BRIGHT. I can say, in all sincerity, that || law notion prevail, you turn round and say that Cooper, Dodge of Wisconsin, Dodge of lowa, Douglas,
Evans, Everell, Fitzpatrick, Gwin, Hunter, James, Jones of my recollections of the late Senator from Florida | you will pay him for contesting a seat which you
Towa, Mason, Morton, Sebastian, Seward, Shields, Soulé, are of the same character with those mentioned || yourselves say he was not entitled to. If a man Sumner, and Walker-23. by the Senator from Wisconsin; but a sense of chooses to contest a seat, let him do it at his peril. NAYS-Messrs. Adams, Atchison, Atherton, Bayard, public duty often compels legislators to forget per I do not believe in the public policy of remuner
Benjanin, Bright, Chase, Geyer, Hamlin, Houston, Norris, sonal feelings, and that is the case with myself in ating a man for coming here to contest a seat
Pearce, Phelps, Rusk, Stuart, Thompson of Kentucky,
Thomson of New Jersey, Weller, and Wright-19. this instance. If I were to consult my own per which you, by your own judgment, decide by the
So the resolution was adopted. sonal feelings, I would vote out of the public law of the land that he is not entitled to. It looks Treasury the amount of compensation and mile very much like belonging to that branch of the
ELECTION OF OFFICERS. age proposed to be appropriated by the resolution law pertaining to barratry and champerty., It The PRESIDENT. The hour has arrived under consideration. But, sir, my sense of pub- || does not look like the straight-forward, Anglo- which the Senate set apart for the election of cerlic duty, as a legislator, prompts me to a different Saxon notion about the stirrers-up of litigation. tain officers of the Senate. course. I have no anxiety to extend this debate, | I say this without reference to the parties in the Mr. ADAMS. If I have the unanimous conbut I rise mainly to correct some remarks made two cases which have been alluded io.
sent of the Senate, I move that Asbury Dickins by the Senator from Wisconsin.
In the other branch of Congress I for some
be elected Secretary, Dunning R. McNair SerHe compares this to the case of a ballot before time belonged to the Committee on Elections.
geant-at-Arms, and Isaac Holland Doorkeeper. the people. There is no analogy whatever between We had various contests and various controver Mr. SHIELDS. I will move to postpone the the iwo cases. By a law of Florida, passed in 1844, | sies; and I regret to say that almost universally in execution of the order until Monday next. I no officer could be elected in the joint vote of the the committee and in the House, the opinion of presume there will be no objection to that motion, two Houses of her Legislature unless he received the members upon the legal question affecting the
Several Senators. This hour has been fixed a majority of all the votes elected—not a majority right of the member, went with the party, not by the
upon for proceeding to the election. of all the votes present, merely. To elect any law. A large volume of contested-election cases Mr. ADAMS. I hope we may have a vote on gentleman a Senator, a judge of the circuit or dis was given to us to enlighten us upon that subject. my proposition. trict court, he must receive not merely a majority It contained precedents that were never followed, Mr. SHIELDS. There is no absolute necesof the votes present, but a majority of the votes never looked after. We had there year after year | sity for proceeding with the election to-day, and elected to the Legislature. Now, on the first bal contested-election cases as you begin to have them if it lies over until Monday it will produce no lot for a United States Senator, there being fifty now in the Senate; and I insist the only way to difficulty. We ought to have an Executive sesnine members in the two Houses, and there being discourage the thing, is to decide that one man is sion. fifty-eight votes in the joint meeting of the two a Senator and entitled to the emoluments and to the
Mr. DODGE, of lowa. I hope the motion of Houses at that election on the first ballot Mr. pay; and that whoever undertakes to contest the
the Senator from Ilinois will not prevail. I hope Yulee received twenty-nine, and "blank" received seat of a member and fails should suffer for his
the Senate will proceed to the execution of its ortwenty-nine, one member being absent. The pre false clamors. That will stop contested-election
der, adopted upon its deliberate judgment, which siding officer declared that there was no election. A
I have read a vast number of these prece was a proceeding with which in the initiative or second, third, and fourth ballot were had with a dents. I remember when quite a young lawyer, the consummation I had nothing to do. But the like result. The convention adjourned until the the celebrated case of the contested election of time has arrived for carrying it out, and I hope it following Monday, when the sitting member from Moore and Letcher of Kentucky. The other will be done. Florida (Mr. Mallory) received thirty-one votes, branch of Congress, after deliberating eight or ten The motion to postpone was not agreed to. and was declared duly elected, came here, was months, and giving both parties the mileage and Mr. ADAMS. I now ask the unanimous consworn in, and took his seat. Now, what did Mr. per diem, decided, although somebody must have
sent of the Senate to pursue the course which I Yulee contend for? That the twenty-nine votes been elected, that there was no election, and it was suggested, that the persons whom I have named he received elected him. Why? Because the || referred to the people. They could not count the be unanimously elected. twenty-nine votes given for “blank votes, I suppose, and both came back and had a
Mr. SMITH. I think we ought to elect the legal votes, entitled to be recognized by law. Per- second race. This thing of putting it under the officers of the Senate in the ordinary way. haps he might have been correct, according to the head of courtesy and compliment; this thing of The PRESIDENT. Objection being made, common-law principle, if there had not been a saying that the man who contests is to be paid for Senators will prepare their ballots. statutory enaciment staring him in the face, which it; that he does it for mere patriotism, is, in my The Senate then proceeded to ballot for the offimade it a clear proposition, that by the laws of judgment, all wrong. Malus usus abolendus esi.
cers, with the following result: Florida no man could be elected to any offices in While I am here, I will vote for no such claim. dicated in the law, who did not, as I remarked The Senator from Indiana has said that a late
For Secretary. before, receive a majority of all the votes elected Senator from Kentucky declared that he would not
Whole number of votes cast.....
.42 to the Legislature. That was the point upon take the pay voted to him. I mean to say noth Of which Asbury Dickins received
.37 which the committee decided the case, and that || ing harsh of that Senator or of Mr. Yulee; but as
B. B. French
4 was the point understood by the Senate when I understood the thing in Kentucky, the Senator
1 they ratified that report. from Kentucky (Mr. Meriwether) came here not
For Sergeant-at-Arms. l'do not propose, however, to extend my re contesting the seat. By its own mere motion
Whole number of votes cast......
.36 marks upon the subject. As I remarked before, voluntarily, without any claim or pretense, the
Of which Dunning R. McNair received. ..24 I do not wish to be considered as standing out Senate gave him a sort of pension, voted the mile
5 alone against the payment of this modicum of mon age and per diem to that gentleman until the time
2 ey, perhaps two or three thousand dollars, to Mr. when the case was decided. The Senator from
1 Yulee. If I believed he had a right to it, I would || Maryland tells me that instead of the Senator
Blank vote for it. If I consulted my personal feelings ! from Indiana being correct, Mr. Meriwether has would vote for it; but I believe the precedent would received the pay: Am I mistaken or not? The
For Doorkeeper. be a wrong one to set, and I believe he had no gentleman says I am right. Where is this thing Whole number of votes casi...
.41 color of claim to the seat; and in that view I shall to stand? I say that taking cases as they come of which Isaac Holland received
.33 take the responsibility of voting against the reso up here, not to say anything harsh against either
3 lution, notwithstanding the personal relations in of the gentlemen, it would be an encouragement
Sam'l J. Johnson "
1 which I stood to Mr. Yulee. for contestants to come to this body and to the
1 Mr. THOMPSON, of Kentucky. As I shall other branch of Congress and claim seats. The
2 perhaps be in a small minority in voting against | old common-law doctrine is, let the man have the
320 Cong.....30 SESS.
Special Session-Clayton-Bulwer Treaty.
Mr. Dickins, Mr. McNair, and Mr. Holland, convenient for him to take a vacant seat beside me
Mr. BUTLER. I do not know how he could
take a seat beside the Senator, unless he would ocMr. HAMLIN. I move that when the Senate cupy some other Senator's seat, and that is the adjourn to-day it be to meet on Monday next.
very thing I complain of in many instances. Mr. BADGER. I think it was a litile unkind
The resolution was then adopted; and the rule, for the Senator to submit that motion. [Laugh
as amended, reads as follows: ter.)
The following persons, and none others, shall be admitted Mr. HAMLIN. I thought the Senator was not
on the floor of the Senate : Members of the House of Rep. in the Chamber. I withdraw the motion to per
reseptatives and their Clerk; the Secretary of State, the
Secretary of the Treasury, the Secretary of the Interior, mit him to make it.
the Secretary of War, the Secretary of the Navy, the AttorMr. BADGER. I renew it; and wish to state ney General, and the Postmaster General; the Private Seca satisfactory reason why it should be agreed to, retary of the President, chaplains to Congress, judges of the
United States, foreign ininisters and their secretaries ; offiand why I intended, at the proper time, if the Sen
cers who by name lave received, or shall hereafter receive, ator had had patience, to submit the motion. To
the thanks of Congress for their gallantry and good conduct us on this side of the Chamber it is a matter of in the service of their country, or who have received medals very slight importance to adjourn over; but it
by a vote of Congress; the Governor for the time being of must be remembered that there are vastly import
any State or Territory of the Union; the ex-Governors of
the several States; the ex-officers of the Senate, such genant matters to be attended to connected with the
tlemen as have been heads of Departments, or secretaries business of the Senate which must interest a great
and clerks and members of either branch of Congress; permany of our friends on the other side of the sons who, for the time being, belong to the respective State
and Territorial Legislatures, and persons belonging to such Chamber; and we shall actually hasten business by
Legislatures of foreigu Governments as are in amity with allowing them two or three days to make the pre the United States. liminary arrangements.
No person except members and officers of the Senate Mr. WELLER called for the yeas and nays on
shall be admitted at either of the side doors of the Senate
Chamber, and all persons claiming admission on the floor, the motion; and they were ordered.
excepting members and the Clerk of the House of RepreMr. PETTIT. I sincerely hope, for the rea sentatives for the time being, the heads of the several Desons assigned by the Senator from North Carolina, partments, the Private Secretary of the President, the that the motion will prevail. For one, I must say
chaplains to Congress, the judges of the United States,
foreign ministers and their secretaries, and officers who by that I have been besought and begged by those for name shall have received the thanks of Congress, or medals whom I have a great respect, to attend to some by a vote of Congress, shall, each time before being adbusiness for them; and I want to accommodate mitted upon the floor, enter their names, together with the them, and see the heads of the Departments on
official position in right of which they claim admission, in
a book to be provided and kept at the main entrance to their account. I have promised that as soon as I the Senate Chamber; and no person except members of could get away from the Senate I would attend to the Senate shall be allowed within the bar of the Senate, their business, and I have almost promised some or to occupy the seat of any Senator. of them that if I could not get into the Depart NAVAL DEPÔT IN NORTH CAROLINA. ments I would take a mall and batter the doors down. I think I shall do that to-morrow. (Laugh- | tion for consideration:
Mr. BADGER submitted the following resoluter.) That, of course, is in a figurative manner. The question being taken, resulted-yeas 24,
Resolved, That the Secretary of the Navy be directed to
inquire whether it will not be advantageous to the Governnays 16; as follows:
ment of the United States to establish a naval depôt at YEAS-Messrs. Atchison, Atherton, Badger, Bayard,
Beaufort in North Carolina, and report to the Senate at the Bright, Brodhead, Butler, Cooper, Dodge of Wisconsin,
to purchase one thousand copies of Ringgold's maps, charts, So the motion was agreed to.
and sailing directions of the coast of California, for the use
of the Senate: Provided, The price shall not exceed four THE LATE SERGEANT-AT-ARMS.
dollars per copy. Mr. SHIELDS submitted the following resolu
EXECUTIVE SESSION. tion:
On motion by Mr. MASON, the Senate proResolved, That the Secretary of the Senate pay to Robert
ceeded to the consideration of Executive business, Beale, late Sergeant-at-Arms, the salary for the residue of and after some time spent therein, the doors were the present year.
reopened, and ADMITTANCE TO THE SENATE FLOOR., The Senate adjourned.
Mr. FISH. I desire to call up the resolution which I submitted yesterday to amend the 48th rule of the Senate. It is to give to Senators the
MONDAY, March 21, 1853. privilege of the floor. The resolution was taken up for consideration.
Prayer by the Chaplain, Rev. C. M. Butler. Mr. SHIELDS. I move to amend the resolu On motion by Mr. BAYARD, it was tion by inserting in the rule before " members of Ordered, That Santiago E. Arquillo have leave to witheither branch of Congress," the words “ Secreta draw his petition and papers. ries and Clerks.". The object of that is to admit On motion by Mr. SEBASTIAN, it was ex-Secretaries of the Senate, and ex-Clerks of the Ordered, That one thousand extra copies of the report of House of Representatives, who have always been the Superintendent of Indian Affairs in California be printed admitted on the floor of the Senate. I suppose it
for the use of the Senate. was an oversight on the part of the mover of the
Mr. WALKER, by direction of a majority of original resolution that it was not inserted.
the Committee on Indian Affairs, submitted the Mr. FISH. I accept that.
following resolution: Mr. PETTIT. I certainly am not in favor of Resolved, That the Committee on Indian Affairs be, and that resolution. I had no idea that it would be they are hereby, authorized to delegate one of their number
to proceed, during the ensuing recess of Congress, to take taken up so soon. It would exclude a member of
testimony in the matter now on reference to said committhe other House from coming in here and taking tee, touching certain frauds alleged to bave been committed his seat beside his Senator, to converse with him by Alexander Ramsay and others, in making payment of about matters of legislation. It ought not to be
moneys to certain bands of the Sioux Indians; and that the
member of said committee so to be delegated have power done. A member of the other House-not to say to proceed to such points as may be necessary, and to send an ex-member—but a sitting member, during the for persons and papers, and swear witnesses, and take their session of Congress, ought to be at liberty to come testimony, and certify the same with other proofs to said in and take a seat beside his Senator to talk about
committee for their report thereon at the next session of
Congress. any other matter mutually interesting to them and the country. The resolution is certainly too strin
Mr. HAMLIN submitted the following resolugent on that point, and it is perhaps equally strin- / tion: gent and wrong in other respects.' That is clearly
Resolved, that the same extra compensation be allowed
to the Superintendent of Printing and the clerks and meswrong. A member from my State may want to
senger under him, as is paid by the resolution of the Sencome in and talk with ne, and it would be more ate to other clerks and messengers of a similar grade.
Mr. MORTON submitted the following resolution:
Resolved, 'That the Secretary of the Senate is hereby authorized and required to purchase for the use of the Senate five hundred copies of the work entitled “Naval Dry Docks of the United States ;” and also five hundred copies of the work entitled “Naval and Mail Steamers of the United States,” by the Engineer-in-Chief of the United States Navy: Provided, The first work does not exceed ten dollars per copy, and the latter five dollars per copy.
“Resolved, That the Secretary of State be directed to communicate to the Senate such information as it may be in the power of his Department to furnish, in regard to the conflicting claims of Great Britain and the State of Honduras to the Islands of Roatan, Bonacca, Utilla, Barbarat, Helene, and Morat, in or near the Bay of Hondúras."
Mr. EVERETT. Mr. President, it has not been my intention, as I had the honor to state to the Senate on Thursday last, to engage in the debate which has been conducted with so much ability in this place, during the last eight or ten days.
It was quite natural, in fact it was unavoidable, that the Senator from Delaware, (Mr. Clayton,) after returning to the Senate, of which for twentyfour years he had been one of the brightest ornaments, should be desirous of availing himself of the first opportunity of vindicating the negotiation of the treaty of the 19th of April, 1850, which was conducted by him under the direction of President Taylor. It was not less a matter of course that the chairman of the Committee on Foreign Relations, (Mr. Mason,) and that the Senator from Illinois, (Mr. Douglas,) who had taken part in the debates of the last session, should reply to the statements of the honorable Senator from Delaware. But, for my own part, my humble connection with the affairs of Central America is much more recent and slight. Entirely a stranger to the negotiation of the treaty, and not less a stranger to the debate which took place in this Chamber in the early part of the last session, I should have considered it rather obtrusive to throw myself into the discussion of the general subjects which have been controverted with so much ability by the gentlemen to whom I have just alluded. I will also take the liberty to say, that when I took my place upon this floor about three weeks agoand 'I consider it the highest honor of my public life that I have been permitted to have a seat hereI came here in such a state of complete exhaustion, bodily and mental, after the fatigues of the last winter in another capacity, that I felt myself altogether indisposed to any considerable mental exertion.
But the discussion that has taken place in reference to the history of past events has connected itself with the present condition of affairs in Central America, toward which my attention has been recently called. A communication was made to he Department of State in the early part of February by the Minister of the British Government, at Washington, with the express intimation of a wish that the purport of that communication should in some proper public form come before the Government of the United States. That was done through the medium of a report from the Department of State to the President, of the 16th of February, which was by him sent to the iwo Houses on the 18th of the same month. That communi. cation seemed to me to afford an opportunity of making a new effort, with considerable prospect of success, to bring all the difficult controverted matters in that quarter to an amicable and desirable issue. It seemed to me particularly to suggest the propriety of putting our diplomatic relations with Central America upon a better and more efficient footing than they have stood upon for some time past. This suggestion was made by me to the President; it was approved by him, was by him submitted to Congress, and has been honored by their sanction, the two Houses having made the requisite appropriation for a full minister to be sent by this Government to the States of Central America, to reside at either or any of the capitals of those States, respectively, as he may think expedient, and thus to be able to bring to bear all the influence of his character and station in reconciling the difficulties which exist between those Republics, and bringing the questions at issue between them and us to an amicable settlement.