The daily union. [volume] (Washington [D.C.]) 1845-1857, 1856-12-04

Hon. A. P BUTLER, from the State Of South Carolina
and Hon. JAMES O. JoSEs from the State Of Tennessee APP
peared in their seats this morning.
EXECUTIVE COMMUNICATION.
The PRESIDENT pro tenn laid before the Senate COM
munieaon from the Secretary OF the Treasury transmit
ting in accordance with law of the condition
Of the finances which read and referred to the Com
mttee on Finance.
MEMORIALS, PETITIONS, ETC.
| Mr. SEWARD presented the memorial OF los inhabi-
Cape Vincent the State of New York praying
for the erection Of breaSwater at that port which was
laid on the table.
Mr. s. also presented resolutions passed by the
council of Georgetown, District Of Columbia in favor of
the Improvement OF the harbor Of that place. which were
laid on the table.
Mr. RUSE presented Joint resolutions Of Tho legislature
of Texas setting forth that the act Of Congress proposing
to distribute the balance in the treasury OF The United
States after paying all the claims Of the State Of Texas
under the act of February 2s 1885, is without the
assent of Texas is unauthorized and Illegal and
in degree justified by the cotemporaneous construction
OF that act when accepted by that State that the creditors
who filed their releases and received their money under the
pro distribution Of the act aforesaid have claim
the surplus in the treasury which Congress proposes pay
them, and that such payment s only to be deemed gift
the part Of the government of the United States for
which that is responsible for every cent il pays
the creditors entitled to the fund the State of
Texas.
The resolutions further represent that said
acted without notice to the State of Texas and without
her assent and the Legislature regards nothing short
Of violation of that comfy which ought to subsist be
respect while the udiscree haste with which the act
passed in small degree aggavaes its offensive charac
ter The legislature therefore, nstrucs its senator's and
requests it's representatives IN Congress to use every effort
procure repeal of the act offensive to the pride Of
the State it is invasive of her interests
The resolutions laid the table and ordered to be
printed.
RESOLUTION ADoPTKD.
On motion by Mr. RUSK, resolution was adopted, re-
quring the Secretary of the Treasury TO inform the SEN
ate what amount of the claims against the late republic Of
Texas provided to be paid by the act Of Congress Of the
2sh Of February 1885, been presented the de-
partmeut FOR payment
HON. JOHN NJ. CLAYTON
Mr. BAYARD rose and addressed the Senate follows
Mr. President, painful duty devove upon a
member of this body than the aununcaon Of the death Of
collesgue and the duty becomes yet painful when
that colleague has sustained elevated position =
country and personal relations 20 hir~ a br boas
of kindness and friendship
~ nas oecon'D my mournfnl duty announce to the
.ne death CT my distinguished colleague and friend
the Hon JOHN NJ CLAYTON He died during the recess
the 9th of November last his residence in Dover in his
sixyrs year and though his health had been uncertain
and precarous for years past his death was unex
pected and has been the of sincere and deep
both 70 his friends and feIlow-citizens.
This sir, is neither the time the place for anay-
sis Of his great mental and moral endowments cr
cal examination of the political opinions be entertained
general measures he advocated ably during his long
period Of public service brief sketch Of his career and
the expression Of my sincere appreciation Of his many v
tues in asking for the tribute to his memory Of those
honorsvain though they bewhch custom has rendered
sacred, and to which his high endowments and eminent
public services well ente IT. seem more appropriate to
the occasion.
JoHS MIDDLETON CLAYTON was born in the county Of
SUSSEX and State Of Delaware the Gath Of July A. D.
1896 His father James Clayton Of unquestoned
integrity and active business habits member Of one
Of the oldest families in the State his ancestor having
come 10 America with William Penn. His mother was
native Of the eastern shore OF Virginia.
His fathers those Of competency not Of a
Huence though his affairs became embarrassed about the
4
forecast he had previously given that than for
tune in giving him the advantages Of liberal education
and well did my friend avail himself Of those advantages
He entered Yale College In july 1911 and devoting him
sell assduousy and aborousy TO his studies gradu-
acd ia that venerable institution In September 1915 with
the honors OF his class and the confidence and at
tRC ChmCnt Of his instructors
Immediately after leaving college he commenced the
study of the law under the late Chief Justice Thomas
Clayton Of the ablest lawyers Of The State and sub
sequenty pursued il with him and also for two
years the Liteh6eld Law School and admitted TO
the bar in his native county In the year 1919 From his
high grade Of intellect and extraordinary eapaey for Ia
Dor he came TO the bar with knowledge Of the prucules
Of Jurisprudence seldom acquired TN after years OF practice
and his the bar Of Kent " where he located
himself rapid and brilliant that in few years he
stood IN the foremost rank OF the profession with able and
distinguished lawyers hs COmpeUtors He devoted him
self his profession and took very active part in po-
cal struggles previous TO the year 1897 though he
elected member Of the legislature the year 1924 and
subsequently, aled the office Of secretary Of State Of the
State Of Delaware.
Ia the DIVISION Of political opinions which ultimately
led In the Interval between the election OF Mr. Adams and
that Of General Jackson the organization OF great
parties throughout the country he adopted the principles
and became Identified with the fortunes Of the whg party
which being in the ascendant the State Of Delaware
he elected a Of the United States in january
1922 and took his seat In this body in December follow
ing His public services in the Senate require COM
meut for his history here written in his Oonntry
uas II ia slight evidence however Of the highest
der Of merit that young Ooming into public life
the representative OF OF the smallest States In the
Union, time when such Calhoun, Clay, and
Webster in the zenith Of their powers and influence
should rapidly acquire national reputation and become
Of the acknowledged leaders Of the great party 10
which he attached. Mr. CLAYTON elected 70
the Senate the expiration Of his Rrst term in 1898 but
becoming weary Of the excitement Of political life he re-
signed his place December 1885 The confidence Of the
Executive bestowed upon him in January, 1897 with the
general appreciation Of the bar and the people Of Della
ware the Office Of chief justice Of the State which he
resigned in August ls39 having in that as aI ths
public situations which he filed demo- rrsisd his high
capacity for the performance Of its ,,rcs
He remained in private during The ensuing six years
but was again elece 70 the Senate March, 1916 and
on the OF General Taylor 10 the presidency in
AZ the consequence Of his national reputation, and ac-
cspted The death OF President Taylor in July 1850 again
placed him in private life.
During the period which he held the position Of Secre
tary Of State he negotiated in April $780, the treaty with
Great Britain commonly called the Clayton Bulwer treaty
That treaty was ratified by than threeourtbs Of the
Senate and may be permitted to Say that had i been
carried according 70 the plain and obvious import OF
it, language would have effected all which this country
should desire in relation 10 the territory Of Central Amer
and the safety and security Of ntsrooeane commu
ncatou and II difficulties have since arisen either from
the aqRressons Of the power with which Il was
tracted failure part TO insist in the hrst IN
stance its due execution the fault any rests not with