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35th Congress Special Session Cong. Globe 3051 (1858)

handle is hein.congrec/conglob0056 and id is 1 raw text is: SENATE-SPECIAL SESSION

IN SENATE.
TUESDAY, Jttne 15,-1858.
At twelve o'clock, In., the Ron. BENJAMIN
FITZPATIcE, Presidentpro tempore of the Senate,
took tie chair and called the Senate to order.
The PRESIDENT pio tempore. The Secretary
will read the proclamation of the President of the
United States.
The Secretary read it, as follows:
By the Presidecnt of the United States of .dmerica.
A PROCLAtiATION.
Whereas, an extraordinary occasion has occurred, ren-
dering it nece-zary and proper that the Senate of the United
States hall be conveied, to receive and act upon such com-
munications as have been or may be made to it, on the part
of the Executive:
No.'. therefbre, I, J.MtEs BuCitANAN, President of the
United States, do issue this, my proclamation, declaring
that an extraordinary occasion requires the Senate of the
United States to convene, for the transaction of business,
at the Capitol, in tle city of lVashington, on the 15th day
of thi month, at twelve o'clock, at itoun, of that day, of
which all who ihall, at that time, be entitled to act as mem-
brs of that body, are hereby required to take notice.
Given under iy hand and the seal of the United States,
1Va'hlgtoli, tlit- 14th day of June, anno Domini
['EAL.] 1k55, and of the independenec of the United States
tile cighty-second.  JAMES BUCHANAN.
By tile Pr-ideat:
LEwis C.ss, Secretary of -State
On motion of Mr. ALLEN, it was
Resolved, That a committee of two members be appointed
to watt on the President of the United States and inform
him that a quorum of the Senate has assembled, and that
the Senato is resady to receive any communication lie may
be pleased to make.
- Mr. ALLENr and Mr. SEwArtD were appointed
the committee.
STANDING COMIITTEES.
Mr. GREEN. I move that the standing com-
mittees, as they were at the close of the regular
session, be continued during the present special
session.
Tile motion was agreed to by unanimous con-
sent.
CLAIMS AGAINST RUSSIA.
Mr. GREEN. I beg leave to presenta memo-
rial, which I will read:
To the honoratle the Senate of the United States:
Betnjamin W. Perkins,-ofWorcester, Mlassaehusetts, a cit-
Izen of the United States, respectfully shows:
That in Jine, 1855, or thereabouts, the Government of
u-ia, by it, accredited Minister, now resident in the city
of Waslington. contracted to purchase of the memorialist
the quantity of one hundred and fifty tons of powder, to be
ready for shipment within sixty days thereafter; that the
memoriai-t duly performed the conditions ofsaid contract
on his part, but that the Government of Russia wholly failed
to fulfill the conditions on their part:
That on or About January, 156, the said Government of
nu.sia, by its agent. also contracted to purchase thirty-five
thousand stands of arms, to be delivered by the 1st of June
thereafter; which contract was also duly performed on his
part, butremainsalso unfulfilled andviolated bytheRussian
agens:
That thereby the memorialist is wholly ruined; that the
damage to him exceed the sum of6385,000:
That th Government of Russia is beyond his reach, and
it said Minister is protected by diplomatic privilege :
That the memorialist has not within his reach the reme-
dies afforded in ordinarycases for obtaining evidence in the
possession of the adverse party by compulsory means:
That there are persons in possession of evidence material
to the memorialist in this matter, who will not give their
ttmony except upon legal compulsion:
That tie only means of obtaining redress against the in-
iitmice and oppression practiced upon him is by the action
of3, our honorable body:
That your memorialist is ready to prove his aforesaid al-
lcgalions, at such time and in such manner as the Senate
 3051

may direct. And le prays your honorable body to take the
necessary and properaction to relieve him in the premises,
and to guard his rights and-protect his property from the
unjust actioa of the aforesaid foreign Government; and
that the evidence hereinbefore referred to be obtained by
the lswful authority of your honorable body.
B. W. PERKINS.
In connection with this memorial I offer the
following resolutions:  -
Resolved, That the Presidentbe respectfully requested to
cause to be communicated to the Senate, at the commence-
ment of its next session, whether any complaints have
J.een made to the Government of the United States that
contracts ha been entered into with citizens of the Uni-
ted States by the Russian Government, through the agency
of its Minister now resident at Washington, or other per-
sons on recommendation of said Minister; and that at-
though such contracts had been fully performed by the cit-
izens who had entered into the same, they have been
violated by the Russian Government or its agents, to the
great injury, iftnot entire ruin, of such citizens
Resatred, That all evidence ofany such contractsn pos-
session of tile Government, together with such infonna-
tion as to the action of tile Government in the premises,
be communicated to the Senate, (if not iicompatible with
the public interests,) and that alt such information be com-
municated in confidence.
It appears that, during the war between Russia
and the alliedPowers, contracts were entered into,
not only by Russia with citizens of the United
States, but also by the Governments of Great
Britain anl of France, for various supplies and
for transportation. It was decided by the Attor-
ney General, in accordance with the uniformlaw
governing nations, that contracts may be made
for articles even contraband of war, the contract-
ors taking the risk of detection; but the contract
itself, as between the parties, is a binding, valid
contract. Without undertaking to assume the
truth or falsehood of the facts stated by this me-
morialist, he presents a case, in myopinion, that
demands the interposition of our Government.
When the facts are elicited, it may be that-it will
turn out that this roemorialist is mistaken; but,
when the charge comes in a plausible shape; when
it comes presenting a priinafacie good case, it is
the duty of the Government to protectits citizen,
and have the matter investigated. It is alone with
that viei that I have presented this memorial;
and, as in this extra session no definitive action
could be had, I move the reference of the memo-
rial and resolutions to the Committee on Foreign
Relations.
The motion was agreed to.
COMIITTEE CLERKS.
Mr. JONES. I desire now to call up the res-
olution I offered yesterday, to continue, for sixty
days, the clerks to the standing committees, as
has heretofore been done.     -
The PRESIDENT pro tempore. Resolutions
pending at the last session will not be in order at,
this session. They terminated with the expira-
tion of the session last evening. The Senator
can renew his resolution as an original resolution.
Mr. JONES. Is that absolutely necessary? I
think I offered it in executive session. Has the
business of the executive session to be renewed?
The PRESIDENT pro teospore. This is a new
session.
Mr, JONES. Well, I offer the resolution now,
do sovo:
Resolved, That the clerks of the standing committees of
the Senate, who are temporary, be contiiued for sixty days
after the close of the present session.
The PRESIDENT pro tempore. The resolu-
tion will lie over under the rule,

BRITISHI AGGRESSIONS.
Mr. MASON. I desire to offer the resolutions
which I send to the table, and which are the res-
olutions which were depending before the Senate
at the session which closed yesterday, in refer-
ence to the aggressions committed on American
vessels by British armed forces in the Gulf of
Mexico, with a view to bring them before the
Senate now in the condition in which they stood
when the Senate adjourned yesterday. I intro-
duce them as resolutions offered by me, and I ask
that they be referred to the Committee on Foreign
Relations, who have instructed me to report them
back that we may have the subject before us in
this debate.
Mr. STUART. It is necessary for us to come
to an understanding, I think, at once as to what
we can do. My recollection of the resolution
offered by the Senator from Louisiana [Mr. SL-
DELL] yesterday was, that it continued to the next
regularsession of Congress all the legislative busi-
ness; and, if so, this is continued, and can only
be reached by a motion to reconsider.
Mr. MASON. I did not advert to the fact,
what was the character of that resolution; but I
do not know that that will prevent me from in-
troducing these resolutions de novo.
Mr. STUART. I suppose that is in order, if
they are introduced as new resolutions.
The PRESIDENT pro tempore. Itis in order
to introduce the resolutions de novo.
Mr. MASON. I ask that they be read.
The Secretary read them, as follows:
Resolved, (as the judgment of the Senate,) That Ameri-
call vessels on the high seas, in time of peace, bearing the
American flag, remain under the jurisdiction of tie country
to which they belong, and, therebre, anyvisitation, moles-
tation, or detention of such vesels by force, or by the ex-
hibition of force, on the part ora foreign Power, is in dero-
gation of the sovereignty of the United States.
Resolved, That the recent and repeated violations of this
immunity, committed by vessels-of-war belonging to tie
navy of Great Britain, in the Gulf of Mexico, and the ad-
jacent seas, by firing into, interrupting, and otherwise forci-
bly detaining them on their voyage, requires, in the judg-
ment of the Senate, such unequivocal and final disposition
of the subject, bythe Governments of Great Britain and the
United States, touching tile rights involved, as shall pre-
clude, hereafter, the occurrence oflike aggressions.  -
Resolred, That the Senate fully approves the action of
the Executive in sending a naval force into the infested seas
with orders  to protect all vessels of the United States on
the high seas from search or detention, by tie vessels-of-
war of any other nation. And it is the opinion of the Sen-
ate, that, ifit becomes necessary,such additional legislation
should be supplied in aid of the executive power as will
make such protection effectual.
Mr. MASON. I ask that an order may be
made, referring these resolutions to the Commit-
tee on Foreign Relations.
-The PRESIDENT pro tempore. Such will be
the order, unless objected to.
Mr. MASON. N~ow, by the instruction of the
committee, I report them back to the Senate. I
ask that they be taken up for consideration now.
The Senate proceededto consider the resolu-
tions.
Mr. MASON. It is not -my purpose at all to
debate the resolutions, nor do Ipresume that
they will attract debate ih the Senate now, having
been to some extent, even quite at large, debated
during the last session; but I would say to the
Senate, with great respect and deference, that it
seems to me it is a matter of moment that the
judgment of the Senate should be passed upon
the resolutions, because of the probable bearing

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