Weekly national intelligencer. [volume] (Washington [D.C.]) 1841-1869, 1848-12-23

NO senasn' peihs posed, the bill was reported back
bill. sApanau0h y uie OBJECT Oh the
Mr.: ATKINSON sent to the Secretary a communica-
non the Commissioner of Indian Affairs which con-
tan' d the facts of the case.
The communication having been read
Mr.. AICHlSON continued. He said Mr. President
had hoped that the Senate would have given some attention.
to the reading Of the document explains the whole mat
ter Last summer unfortunately boy Of the Caddo the
OF Indians killed by some Of the volunteer oons IL
Texas. This Produced a matter of course great excite
ment they threatened retaliation they threatened war The
indian agent and Col Bell who commanded upon that from
tier concluded treaty with these Indians, The Indians
agreed TO take five hundred dollars keep peace Accord
ing to their custom and the Secretary Of calls upon
US to make this appropriation.
l. The bill was then ordered TO third reading and was ub
sequently read third time and passed.
Mr.. BALDWIN submitted the following resolution which
was considered by unanimous consent and agreed to
Resolved That the Committee on Military Affairs be in
ruced TO ascertain far may be practicable report
70 he Senate the particulars of the existing between
the Government of New Grenada Messrs Apinwa Ste
yen and Chauncey regard construction of the pro-
posed railroad shmus Of Panama. and the terms on
which the of such railroad for the transit of and
is secured TO the people and New
Grenada and OF the United States
PURCHASE OF CUBA.
The following resolution, submitted Yesterday by Mr. MIR
LER, was taken up for consideration
Resolved That the President of the United States be re-
inform the Senate whether any and what negota-
IONS or correspondence have taken place between this Gov
and the Government SPAIN or between any per.
acting under the direction authority of either Govern.
relation to the purchase Of Cuba BY the United States
and that he communicate the Senate copies negoa.
tons or correspondence far may be eomuni-
Gated consistently with the public interest.
Mr. BERRIEN Mr. President, would suggest to the
mover OF the resolution (r. MILLER) whether would not
be better to transfer it to the Executive session.
y seems me- sir to be an interference which is not ac
cordng to the usage Of the Senate with the Executive pow
es OF the Government The very fact Of the tendency Of
inc negotauon any negotiation be pending, and the fact
that the President authorized by the constitution enter
INTO such negotiations show the importance of preserving the
secresy upon which the success OF negotiation in great
measure must depend
do not believe myself any importance TO be attached
to the inquiry, because do believe that any such
negotiations pending But should refrain from inter-
erng with what properly belongs the President by virtue
Of powers in him vested by the constitution Of the United
States and we should, at least protect the Executive from
an exposure which may prove injurious a negotiation.
would suggest therefore, to the of the resolution
the propriety Of waving that inquiry here and making the
subject OF inquiry in Executive session.
Mr.. MILLER. Mr. President, in submitting that resolu-
on had no intention at all to interfere with the executive
power Of the President II well known, probably to the
Senate that for some time the public prints and the public
mind have been somewhat excited by the relative to
this question: mean the purchase of Cuba did pre-
sumo nor presume that the President has opened any
negotiations of that kind On subject Of such importance it
Is not to be presumed, apprehend that the Executive with
out giving any nmaton whatever the country has COM
menced such negotiation. This resolution was offered
merely for the purpose Of satisfying the public mind upon this
question: and not with design of encroachng upon the
powers OF the Executive believe there many precedens
for resolution Of this kind believe such resolutions were
offered in regard to Oregon and Texas in open session. and
no objection urged against them.
Without saying what course shall adopt myself in refer
ence TO this matter, willing to allow the resolution 10
pass
The resolution passed over accordingly.
BILLS INTRODUCED ON LEAVE
Mr.. BREEsE, sgreeaby to notice. asked and obtained
vide payment for horses and other property lost while engag
ed IN the military service, approved 18Th January, ls4s,
which read first and second time by its title and refer
red 10 the Committee on Military Affairs.
Mr. BADGER in pursuance Of notice, asked and obtain
ed leave TO introduce bill for the relief Of VIM. Pluhmer
executor Of Starkey Almistead, deceased.
Mr. BADGER Before move the reference Of this bill,
wisb in three words 10 state the Senate nature of
the bill, and to call the attention of the committee to it,
In the 1929 action brought in the district court
OF the United States in North Carolina holden at Albemae
IN that State, upon duty bond Judgment afterwards
recovered upon the bond and in 1885, Pummer in whose be-
half the proceeding took place. the Of Armead
paid the full amount Of the Judgment interest," and costs into
the clerks Office Of the court in which judgment was rem
dered Things remained in this condition until 1896 nearly
eighteen years afterwards when application was made to the
district judge TO have satisfaction entered and the execution
quashed This application, ovenuled. Thereupon a
sce aas sued out Of the United States show
cause why execution should not the original iudg
men The judge held however that did not appear that
the judgment had been satisfied and his award was against
the application. is to relieve the party from this proceed
ing that this bill has been introduced While up win add
that the difficulty supposed difficulty Of the case has arisen
from this circumstance has been the uniform practice OF
the State court in times past when judgment has been rem
dered for the parties against whom such judgment was rem
dered either before after execution issued 10 psy the money
into the hands Of the clerk Of the court in which such iude
men rendered Some FIVE and twenty years ago cues
ton raised to the validity Of such payment the ques
ton carried TO the Supreme Court and tina, court
sustained the validity Of the payment in this but having
lnmsted some doubt to the regularity Of the practice the
State Legislature Immediately passed give validity 10
what had been the previous In consequence of this
il has happened that the OF proceeding has been
adopted in the courts Of the United States without an ex-
ceP,on being taken far as known until 1896 the clerk Of
the district court who received the money having reported
Il 10 the Treasury the collector living the same town and
knowing Of the payment the clerk having ultimately died
and being unable TO make good the money the Govern
men The question, therefore, presented the consders
ton Of Congress by this bill is whether possibly be the
duty, the moral right Of this Government enforce
the repayment Of this money after il has already been
honestly and fully paid and thereby put the individual to
great loss and Inconvenience in consequence Of gross neglect
on the part Of Of its officers hope the committee will
find convenient TO give immediate attention the subject
and now thst the papers which send To the Clerks
table, be referred 10 the Committee the Judiciary.
The bill then referred the Committee on the Ju-
dietary
RAILROAD ACROSS THE IsTHMUs.
Mr.. BENTON. Before any regular business Is taken up,
beg leave to state 10 the Senate that the request Of
Senators left have obtained the made between
- o. H.. -