The daily union. [volume] (Washington [D.C.]) 1845-1857, 1847-02-18
CONGRESSIONAL.
"WEDNESDAY, FEBRUARY II, 1s47.
SENATE.
Twenty-ninth Congress.
Second Session.

| SENATE.
The journal of yesterday read and approved.
CONTRACTS OF THE TREASURY DEPARTMENT.
| The VICE PRESIDENT laid before the Senate re-
port from the Secretary of the Treasury made agreeahy
to law showing the contracts of that department; which
was laid upon the table, and ordered to be printed.
RIGHT PETITION BY ALIENS.
| The VICE PRESIDENT said that petition had been
placed in his hands days ago, which he had been
desired 10 present TO the Senate but which he had hest
tated to present, being somewhat doubtful whether 7,
from British subject MIR. John A. Barry1 asking such
Legislative action would extend the appellate Jursdc-
ton OF the Supreme Court of the United States to cono
VERSES contradistinguished from cases at law and
suits in equity. was respectful in its language and
drawn with some degree of ability and 1t would be Tor
the Senate to say whether i should 6e en- % or MOT
doubt to the proprety of receiving petitions IRON CHI
OF foreign country whom might be under any
sort OF obligation There had been an entire msappTe
hension existing this subject in the minds OF gentle
men for long me and he would state 10 the senate no"
IT arose Some years ago British subject petoned Con
gress for certain grant of money which he claimed, and
objections were made to receiving the petition from a
alien 1t was suggested that the British Parliament was
not in the practice of receiving petitions from Aliens ana
that we should not therefore receive petition from
British subject All that was founded an entire mistake
The which supposed to give color 10 1t was an
application made to the British houses of Parliament, be-
fore the time OF which he was now speaking, ior a
grant of money somebody who had been sufferer du
ring the war between the United States and Great Brian
by way OF compensation for the wrongs which had been
rather to the Commissioners OF the Treasury or lndem
nifty They refused it, He then applied for leave to pc
tition Parliament, and that refused But then the
refusal, under the circumstances, would have been
given II 1t had been the case OF British SUBJECT pc
cause the rule of both houses Of the British Parliament
exactly this-that petition for the payment OF
money out of the treasury could be presented to either
house of Parliament until the consent OF the KING IN
council should be first obtained Such consent was either
to be sgnhed by endorsement upon the petition by the
minister OF the crown, else the decision was an
nounced by those who had authority to do so upon the
presentation of the petition. This rule was applicable
TO all petitions for grants of money, whether SUCH pc
ons proceeded from British subject or from citizen
OF any other country The rule adopted as far back
as the reign OF Queen Anne and was intended to pre-
vent that sort of combination for the purpose OF procu-
ring grants of money which, on this side OF the Aantc,
was commonly denomnated clog rolling" Gentlemen
gard to this matter would find them all arrayed in Hat
zes Parliamentary Practice. They would find that noman
could petition Parliament for grant OF money without
first having obtained the consent of the officers OF the
crown and, further. that alien friend might present
petition TO parliament for any purpose for which sub
ect of the realm might present one This had been done
Mr. DIX inquired of the senator from Massachusetts
whether any distinction taken between an alien re-
siding in the country and residing IN ioreign coun-
Mr.. WEBSTER Not at ALL
Mr. DIX said the petitioner in this case, he believed
was not resident of the United States At the last
session he had himself presented petition behalf OF
Mr. Buchanan, formerly British consul at the port OF
New York, who had performed some service for the
in consequence of objections that were raised the
petition was afterwards Withdrawn. The Committee on
Foreign Relations however, after the withdrawal OF the
petition made report upon the subject, ana compenSa-
ton made in that way.
Mr. WEBSTER said he had known great many Pc
tons from foreigners British subjects, Canadians and
Others and he venured to say that the practice was
acy he had stated; and it was reasonable that 1t
should be This government was IN the habit OF ma
king contracts with individuals abroadmas Tor instance
siding there, if alien friend, having claims upon this
government, might undoubtedly present petition for the
Mr. CALHOUN (who had been momentarily absent
from his sea desired TO be informed what question was
0e The PRESTDNG OFFICER stated that he had pre-
scented memorial from person representing himself to
be subject of Queen Victoria, praying for an extension
of the appellate jurisdiction of the Supreme Court OF the
United States, in order to enable him to obtain decision
in case which he wished to bring before that court
Mr. CALHOUN said he did not hear the first part OF
the remarks of the senator from Massachusetts; but,
Judging from his concluding remarks, he believed that
that honorable senator and himself differed somewhat IN
regard this question of receiving petitions from cltzens
Of re he aa az this iesv
eminent far they related to foreigners, were to be
conducted by the executive department. and that all APP
pcatons of this kind through that branch OF
the government In his opinion, the proper course in
this case would be for this British subject to present his
petition in the first instance, to his own government and
through our minister there the British minister resi-
ding here This appeared to him TO be the regular and
efectua mode and one which would prevent many con
sequences which 1t was desirable should be avoided lie
referred to of this kind which occurred IN the last
war; in which, if his recollection served him. he said 1t
was nearly unanimously decided that the proper course
to be pursued the he had now Indicated ihere
was no good reason he thought, why foreigners should
not make their applications, the first instance to their
own government that II might be determined by them
whether the application proposed to be made 10 mus
eminent ought TO be made at all not He inclined
to consider, however, that aliens residing within the
country should be exempt from the rule because they
were for the time subject to laws, and bound to ODE
dence but application such the present, proceed
ing from an alien residing abroad unsusalned by
precedens He thought the petition ought not to be re-
ceved.
Mr.. WEBSTER observed that, as the senator had not
heard the early part of his remarks, he would repeat
them In his Judgment this not case Tor the Com,
mittee on Foreign Relations all 1t respectful
petition from alien, upon subject IN when no per-
sonal claim, as regarded his government existed
He remembered the TO which the honorable senator
referred but the conclusion which had been arrived at
in that case altogether mistake. 1t was founded
upon no principle whatever 1t founded merely up
on the idea that foreigner could not petition the British
houses of Parlament whereas, the fact was that for
eigner could petition Parliament in England Just as free
lv as subject of the realm could Neither subject nor
a foreigner could petition for grant of money without
permission from the Mr.. W. referred to the case
for services rendered in India His petition was received
and 10000 were granted to him He would undertake
TO say that an alien friend might petition the British
houses of Parliament Just as freely as British SUBJECT
and there might be arising In which an alien, hav-
ing claims upon the justice OF this government, would
have lust as plainly right TO petition Congress as any
r citizen of our own country. And why send man
through so circuous route in order TO bring his appi
cation before this government Why send him TO Eng
Hand IN have his communication made with great for