Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1854-01-06
TIIIRTY-THIRD CoNGREss.--lsr SESSION
TUESDAY, JAN. 3, 1854.
GIN ATE
Geyer and Butler made their first appearance

Senators must have seen during last week. gentleman
occupying in the chamber as Senator from vermont
While ali would rejoice have the honorable gentleman
member OF the Senate still the circumstances under "eil
no appears here are somewhat peculiar and Is SAID new.
He referred 10 s. S. Phelps The iacte oil Inc case are he
During the recess OF the Legislature Of Vermont M
Phelps appointed fill The vacancy occasoneu oy inc
death Of Mr. Upam who died during the recess nc ap'
pGaed and took his seat al the last session OF e
since that time il is understood that the Legislature OF Yer
mont have assembled and have adjourned sine die without
filing tho vacancy. Mr. Upham's term would not expire
until March, 1855 The question now Is whether MI fhcps
can any longer fill The vacancy under Tho temporary ap-
poinn,cnt Of The Governor.
II was considered somewhat delicate fur the question 10
be raised On the other side Of the Senate and had to be
raised By some one and after consultation with scveru and
with the gentleman himself %as thought he (Seward
should raise question. He therefore offered resolution
recitng the acs ind concluding with declaration that
Mr Phelps be allowed retain his c moved that The
resolution be referred 10 the committee on The judiciary
Mr. Butler said that quorum VI that committee was in
the city, lie thought hese questions ough; 10 Do primarily
considered In The Senate Such had been the with
spect 10 The seat OF hlr. Dixon.
Mr. Badger suggested that tho resolution lay over I'LL 10
in The meantime tile Senators could determine Wnal
ought 10 be done with H.
Mr. Seward. Very we'll Laid over
Mr. Gwin introduced bill granting land 10 California 10
aid 10 the construction Of railroads therein.
bill heretofore introduced by Mr. Gwn. directing the
appointment OF district Judge for the southern district OF
California with leave for The judges 10 alternate in The per-
Torrance OF their duties wac taken up and passed.
Mr. Seward presented numerous petitions praying for The
construction OF ship canal around MIA CARA Falls
MI Sumner presented petition ioT Tie repeal O all
coal, and that II be made FREQ.
Mr. Chase presented the memorial OF citizen oil Ohio al.
esng the discovery Of agent TO prevent cholera and sug
costing irs emigrant ships.
Mr. Bright gurc notice OF bill 10 establish board 10 cS-
anime cnims against government.
Mr. BodhCad introduced another bill 10 punish counter
fei,ing tile coin Of the United States
Dir. Chase moved TO take up the bill dividing OHIO into
two judicial districts. Agreed 10.
Mr. Weller asked the legislature Of Ohio had asked for
this measure.
MT Chase said he not aware Of what action the legs-
lalurc had taken.
Mr.. Weller thought il The bill needed by the interests
of the State the legislature would have taken some action
the subject He knew there great diversity Of opn.
on in Ohio the question
Mr. Badger said the last section Of The bill framed
what he regarded as wrong principle tcquired tie judge
of each district to reside the place where mis- court
held This would conne the selection Of persona 10 those
immediate places This he thought wrong.
Mir Chase said The business OF The u. s. Courts aEd
the great o. the territorial limits OF Ohio demanded
division Of the Stale into Two dsIcIs II vas WIN me Ut.
from distance the si!!inG 9( Tbs S9GG VII PfSp6sbd
Two Districts with court in Cleveland and one in Cncn.
nail. In recent case OF great importance il was found
very difficult procure the attendance OF witnesses from
other par the State. Both Senators and the Delegation
Ohio in the other House were In favor OF the measure
Mr. Badger said The Judges 10 BIO appointed TO these dis
trct courts would not have TO attend 10 matters IN coho
versy between citizens Of Ohio, much as between cl.
zens of other States; therefore, the matter OF their selection
local one in which Ohio alone was concerned but
one in which citizens Of all the States Interested he
locality from which they should be selected
Mr. Pratt ead the restriction in the bill did not apply 10
The place from which the Judges should be appointed but
only required that after their appointment they should reside
in the place where tho courts were held. This provision
he thought an excellent The late President in appoint
ing Judge for Maryland required the person appointed 10
requiring his attention.
Mr. Badger said that The provision would emp reduce
the number from whom selections could be made 10 those
would change their residence TO any place for the mere
sake of salary Suppose person appointed afterwards re-
fused to reside where the bill required him, what was the
remedy
Mr. BadgerWeI. if he resides elsewhere and don't at
tend to his duties can you not Impeach him?
Mr. Pratt said il was very difficult TO sustain impeach
mcnts BY proof OF neglect of duty but if the Judge refused
obey the law requiring him 10 reside OF certain place.
the proof could be easily made out.
Mr. Badger said that under The constitution OF the u S
Judges were only mpeachabc for high crimes and miEdc-
neanors lie doubted very much whether me refusal 10
reside particular place either an official high crime
or msdeleanor. He moved The bill be referred 10 The Judi
cIary committee, which was agreed 10.
Mr. Badger introduced joint resolution for supplying
ne members Of the Senate and House with ouch books Of
public character heretofore were furnished TO other Son.
ators or members Read three times and passed
MIR Brudhead moved 10 take up the bill directing the Sec
rotary of the Navy dismiss The suits brought against Jo
semi Gender and John Duff for failure in contract 10 fur
nish stone for The dry dock al Brooklyn; Passed
MT Houston appeared in the Senate Tor lie hst lime TINS
session. and welcomed by many Senators.
Mr Johnson offered resolution ipquiring what progress
had been made executing tho appropriation made in the
river and arbor BILL for snag boas for western rivers
Adopted.
Tie bill to suppress the circulation of small notes, in the
District OF Columbia, was taken up.
Mr. Adams snd the Corporation Of Georgetown had small
notes In crcuu ion and that 10 require them 10 be taken up
too suddenly would tend 10 emhaass that town. lie had
determined 10 move amend The bill by providing Hut IL
should not 90 effect before the hrst I'll July next
Sir Badger suggested that per.ups tie bill would not be
acted on by House until after July next and if these
words were put IT, il might suspend the law for year
Mr. Adams said he had TO believe tie bill would
mass the fIouse before that time.
Mr. Dawson said the corporation Of Georgetown had
$50 600 Of lis in circulation all OF which would nave
redeemed BY tax TO be laid on The people In ode
hat il might mol TALL heavily hem he moved 10 eI-
tend the time for Tho low 10 60 Into enecI until November
mex i, A.. .
the Mayor of Georgetown.
Mr. Bright urged the longest day. which prevailed aud the
BILL as amended, was read third time and passed.
message was received from the President 10 reply to
resolution OF January Inst, calling for certain information
especlng The interests OF the United S,aes In Hayti and
San Domingo. Referred and printed.
Also 4 messnge from the President, communicating, in
esnonse TO Cen Cass resolution OF the 2h Of December
certain correspondence relative to the construction placed
upon tho Clayton and Buwer treaty touching Central Amer
lean affairs.
The message is in three lines simply communicating tho
papers u p..,,,
enclosing The papers
The second is letter from Mr.. Champion to Mr. Marcy,
dated the 18Th OF May enclosing dispatch from Lord Cla
rendon with copy Of The opinion of The Queens Advocate
in confidence for The present.
The third is The opinion of The Queens advocate.
The fourth s dated December l5h 1853 from Mr. Cfanp
MI Marcy and refers between them on
The subject and says he good for Withholding
the communications heretofore enclosed in confidence.
The fifth is from Lord Clarendon 10 Mr. CHAMPION rela
Ting 10 occurrences al Greyown, between the Commander
Of the Cyanc and the authorities of San Juan.
The sixth is from MIR. Marcy TO Mr. Ingersol in reply
thereto, dated June tho 9th, '53.
The seventh is from Lord Clarendon 10 Mr.. CHAMPION
complaining that Mr Marcy's despatch is hostile TO any
further arrangement of the Iniller.
Mr.. Cass moved that the message be printed
Mr. Clayton said he had received within few days an
opinion from the gentleman who Attorney General at
the time the treaty was negotiated and If no objection was
made he would like IL 10 be printed with the documents
Mr.. Cass said there extraordinary disclosures In
these papers, and he wished them printed lie had seen the
opinion of Dir Johnson and it able and powerful doc.
umen While lie differed with him in some things he nereed
with him in most Of it, He had objections to having it
printed with the other papers.
Mr. Clayton asked that the papers be read and portion
of them were read.
Mr. Clayton said that among the papers letter from
Mr. Clarendon 10 Mr. Champion, and another from the
Queens advocate. These two papers showed that The
marks he had nade in The Senate last spring. upon this sub
Iect had been forwarded 10 the British government, where
They had been considered in council OF the ministers and BY