To the Senate of the United States: I nominate John Potts, of the District of Columbia, to be military storekeeper in the Ordnance Department, in the place of William C. Whitridge, resigned. WASHINGTON, February 16, 1853. To the Senate of the United States: MILLARD FILLMORE. I nominate the officers named in the accompanying communication for brevet promotion in the Army of the United States, and recommend that corrections be made in the brevet commissions therein specified, as proposed by the Secretary of War. WASHINGTON, February 14, 1853. MILLARD FILLMORE. WAR DEPARTMENT, Washington, February 14, 1853. SIR: I herewith transmit the names of several officers of the Army on whom I recommend that appointments by brevet be conferred. The service in which the troops stationed in our remote frontier are engaged, while it is extremely arduous, full of privation, and not unattended with danger, rarely presents opportunities for personal distinction. The officers are, therefore, in a great measure deprived of the strongest incentive to exertion. Justice, therefore, as well as policy, seems particularly to require in this service that whenever an officer has distinguished himself by his courage or his conduct the Government should acknowledge the service by an appropriate reward. I have, therefore, selected a few to whose merits the attention of the Department has been called as pecul iarly deserving the notice of the Government, and recommend that they be promoted, by brevet, one grade above that held by them at the time the act or conduct for which it is conferred was performed. I append to each name a note explanatory of the service for which the brevet is proposed to be conferred. In the distribution of brevets consequent upon the Mexican war some errors were committed in conferring the distinction on officers for battles at which they were not even present. Justice to the officers requires that these errors be corrected. I recommend, therefore, that in these cases the brevets be transferred to other battles in which these officers distinguished themselves. I herewith submit two corrections of this character. Promotions by brevet. 1. Brevet Colonel Edwin V. Sumner, lieutenant colonel First Dragoons, to be brigadier general by brevet for highly meritorious services as commander of the forces in New Mexico, to date from October 29, 1852. [NOTE.-Colonel Sumner, pursuant to assignment by the War Department, assumed the direction of affairs in New Mexico, July 19, 1851. The Territory was then in a very unsettled condition and the expenditures in every branch of the service enormous. Colonel Sumner immediately set about the work of reform, which he has continued to prosecute with untiring energy and the best results. By his judicious arrangements the military expenses of the department under his command have been greatly reduced, while, by the establishment of posts in the Indian country and keeping troops constantly in motion between them, he has succeeded in restraining the Indians, to some extent, within their own boundaries, and thereby give additional security to the settlements.] 2. Brevet Major Samuel P. Heintzelman, captain of the 2d Regiment of Infantry, to be lieutenant colonel by brevet, for gallant conduct and distinguished services as commander of an expedition against the Indians in Southern California, to date from December 19, 1851. NOTE.-Brevet Brigadier-General Hitchcock, commanding the Pacific Division, in a communication dated January 20, 1852, strongly recommends Brevet Major Heintzelman's conduct on the above expedition to the favorable notice of the Government. He says: "I respectfully urge the magnitude of the results secured by Brevet Major Heintzelman's operations, which are believed to have prevented an extensive hostile combination of Indians, which might but for those operations have involved immense expenditures and great loss of life and property."] 3. Captain Howard Stansbury, of the Corps of Topographical Engineers, to be major by brevet, for highly distinguished services as chief of the scientific exploration and survey of the valley of the great Salt Lake of Utah, to date from March 10, 1852. [NOTE. It is unnecessary to recite the grounds of this brevet. Captain Stansbury's report to the chief of his corps, dated March 10, 1852, and which has been printed by order of the Senate, shows it to have been eminently deserved.] 4. Brevet Captain James Oakes, first lieutenant in the Second Regiment of Dragoons, to be major by brevet, for gallantry and good conduct in two affairs against the Indians in Texas, July 11 and August 12, 1850, to date from August 12, 1850. NOTE.-Brevet Lieutenant-Colonel Hardee, 2d Dragoons, under whose orders Brevet Captain Oakes was serving at the time, thus speaks of his conduct on the occasion above referred to: "The latter (Captain Oakes) met Indians twice; he is an officer full of zeal and intelligence and gallantry, and I would especially recommend him to the favorable consideration of the commanding general.] 5. Captain John W. Phelps, of the Fourth Regiment of Artillery, to be major by brevet, for highly meritorious services as commander of Fort Brown, on the Rio Grande, in preserving the neutral relations of the United States with the Republic of Mexico, to date from November 28, 1851. [NOTE.-Captain Phelps's services are thus favorably noticed by Brevet Major-General Twiggs in his dispatch dated November 19, 1851: "After a very careful examination of the documents transmitted by Captain Phelps I feel it my duty to express a cordial approval of his course as commanding officer at Fort Brown, and my conviction that he has discharged the difficult and delicate duties devolved upon him at a critical moment, with advantage to the service and with great credit to himself and his subordinates."] 6. Second Lieutenant Ambrose E. Burnside, of the Third Regiment of Artillery (promoted first lieutenant December 12, 1851), to be first lieutenant by brevet, for gallant conduct in an affair against the Apache Indians, near Las Vegas, New Mexico, to date from August 16, 1849. [NOTE.-Lieutenant Burnside's conduct on this occasion was highly applauded by the then commander in New Mexico, Brevet Colonel Munroe; and the general-in-chief, in submitting the reports of the affair to the War Department, says: "I cordially recommend that 2d Lieutenant (now 1st Lieutenant) Burnside be breveted a first lieutenant, from the date of the gallant conduct set forth within.] CORRECTIONS OF BREVET COMMISSIONS HERETOFORE CONFERRED. 1. The brevet of major conferred on Captain Benjamin S. Roberts, of the Regiment of Mounted Riflemen, for "gallant and meritorious conduct in the battle of Chapultepec, Mexico, September 13, 1847," be changed so as to apply to the battle of Contreras, in which he was distinguished, to date from August 20, 1847, and the brevet of lieutenantcolonel, erroneously conferred on him for actions in which he did not participate, viz, "for gallant and meritorious conduct with the enemy at Matamoros, November 23, 1847, and at the Pass of Galaxara, Mexico, November 24, 1847, to date from November 24, 1847, "to be changed so as to apply to the battle of Chapultepec, in which he was distinguished, and to embody the phraseology of his brevet commission of major (as above quoted) for that action. 2. The brevet of captain conferred on First Lieutenant Lewis G. Arnold, of the Second Regiment of Artillery, for "gallaut and meritorious conduct in the battles of Contreras and Cherubusco, Mexico, August 20, 1847," to be changed so as to apply to the siege of Vera Cruz, in which he was distinguished and wounded, to date from March 29, 1847; and the brevet of major conferred on him for "gallant conduct at Chapultepec, to date from September 13th, 1847," in which action he was not present, being disabled by a wound received at Cherubusco, to be changed so as to apply to this last-named battle, in which he dis tinguished himself, to date from August 20, 1847. Very respectfully, your ob't servant, C. M. CONRAD, To the PRESIDENT OF THE UNITED STATES. To the Senate of the United States: I herewith communicate to the Senate, for its consideration with a view to ratification, a convention on the subject of the extradition of fugitives from justice, between the United States and Belgium, concluded and signed in this city on the 11th instant by the respective plenipotentiaries. WASHINGTON, 14th February, 1853. The messages were read. MILLARD FILLMORE. Ordered, That the nominations of Amos S. York, Henry B. Dewey, and D. H. Dovale be referred to the Committee on Commerce. Ordered, That the nomination of John Potts and the nominations and corrections of nominations for promotion by brevet be referred to the Committee on Military Affairs. The treaty of extradition between the United States and Belgium, concluded at Washington the 11th of February, 1853, was read the first time; and, On motion by Mr. Mason, Ordered, That the treaty and message be referred to the Committee on Foreign Relations and printed in confidence for the use of the Senate. Mr. Mason, from the Committee on Foreign Relations, to whom was referred, the 15th December last, the convention for the mutual deliv ery of criminals, fugitives from justice, with Prussia and other States of the Germanic Confederation, reported it without amendment. Mr. Mason, from the Committee on Foreign Relations, to whom was referred, the 15th December last, the additional article to the convention for the mutual delivery of criminals, fugitives from justice, with Prussia and other States of the Germanic Confederation, reported it without amendment. Mr. Mason, from the Committee on Foreign Relations, to whom was referred, the 15th December last, the treaty of friendship, commerce, and navigation with the Oriental Republic of Urugua, reported it without amendment. Mr. Mason, from the Committee on Foreign Relations, to whom was referred, the 15th December last, the message from the President of the United States, received the 13th August, 1852, in relation to the exchange of ratifications of the general convention with the Republic of San Salvador, reported the following preamble and resolution: Whereas the time limited by the resolution of the Senate of the 27th September, 1850, for the exchange of the ratifications of the general convention of peace, amity, commerce, and navigation between the United States and the Republic of San Salvador, concluded at Leon, in Nicaragua, on the 2d of January, 1850, having expired before the said exchange of ratifications could be effected; and the ratifications of the said general convention having been since exchanged, notwithstanding such limitation, but upon the condition that the said general convention is not to be binding upon either of the parties thereto, or to be published by either, until the Senate of the United States shall have duly sanctioned the exchange of ratifications aforesaid: Therefore, Resolved (two thirds of the Senators present concurring), That the Senate advise and consent to the said exchange of ratifications of the general convention of peace, amity, commerce, and navigation between the United States and the Republic of San Salvador, concluded at Leon, in Nicaragua, on the 2d January, 1850, and the publication thereof, the limitations contained in the said general convention and in the resolution of the Senate of the 27th September, 1850, to the contrary notwithstanding. Mr. Mason, from the Committee on Foreign Relations, to whom was referred, the 15th December last, the supplementary convention relative to commerce and navigation with His Majesty the King of the Netherlands, reported it without amendment. The said supplementary convention was read the second time, and considered as in Committee of the Whole; and no amendment being made thereto, it was reported to the Senate. Mr. Mason submitted the following resolution for consideration: Resolved (two-thirds of the Senators present concurring), That the Sen. ate advise and consent to the ratification of the supplementary conven. tion relative to commerce and navigation between the United States of America and His Majesty the King of the Netherlands, concluded at Washington, the 26th day of August, in the year of our Lord eighteen hundred and fifty-two. The Senate, by unanimous consent, proceeded to consider the said resolution; aud on the question to agree thereto, Yeas.. It was determined in the affirmative, Nays Those who voted in the affirmative are, 34 5 Messrs. Adams, Atchison, Badger, Bell, Borland, Bradbury, Brooke, utler, Clarke, Cooper, Davis, Dawson, De Saussure, Dodge of Wis. consin, Fish, Fitzpatrick, Geyer, Hamlin, Houston, Jones of Iowa, Mason, Miller, Norris, Pearce, Pettit, Rusk, Sebastian, Seward, Smith, Spruance, Sumner, Toucey, Underwood, Wade. Those who voted in the negative are, Messrs. Bright, Dodge of Iowa, Soulé, Walker, Weller. So the resolution was agreed to. Ordered That the Secretary lay the said resolution before the President of the United States. Mr. Butler, from the Committee on the Judiciary, to whom were referred, the 7th instant, the nominations of John P. Sanderson, Allan P. Millar, and Joseph M. Moore, reported. Mr. Hamlin, from the Committee on Commerce, to whom were referred, the 7th instant, the nominations of I. G. Lamb, John G. Potts, Elbridge Gerry Fuller, and Alexander Barclay, a nd on the 11th instant that of William T. Vickers, reported. Mr. Sebastian, from the Committee on Indian Affairs, to whom was referred, the 14th January last, the message from the President of the United States relative to the investment of a portion of the funds belonging to the Chickasaw Indians, reported the following preamble and resolution: Whereas the President of the United States by his message of the 14th of January last communicated a statement from the Secretary of the Treasury, showing that the Tennessee State bonds in which certain funds belonging to the Chickasaw Indians, amounting to $125,000, were invested had been paid off by that State, for the purpose of obtaining the advice and consent of the Senate as to the reinvestment of the said funds; and whereas the second section of the act approved the 11th of September, 1841, entitled "An act to repeal a part of the 6th section of the act entitled an act to provide for the support of the Military Academy of the United States for the year 1838, and for other purposes," passed July 7th, 1838, requires that all funds held in trust by the United States shall be invested in stocks of the United States bearing a rate of interest not less than five per centum per annum; and whereas by the 11th article of the treaty with the Chickasaw Indians of the 20th of October, 1832, it is provided that the funds of the said Indians be laid out in safe and valuable stock under the direction of the President of the United States, by and with the advice and consent of the Senate: Therefore Resolved, That the advice and consent of the Senate be, and the same hereby is, given to the investment of the aforesaid funds of the Chickasaw Indians, under the direction of the President of the United States, in such of the loans or stock of the United States as may be most advantageous to the interests of the said Indians for the time being. The Senate, by unanimous consent, proceeded to consider the said preamble and resolution and agreed thereto. Ordered, The Secretary lay the same before the President of the United States. The President pro tempore laid before the Senate a report from the Secretary of War, communicating, in compliance with a resolution of the Senate of the 11th of January, the correspondence of James W. Schaumburg with that Department, which was read; and Ordered, That it lie on the table. The Senate resumed the consideration of the nomination of George W. Wright; and Mr. Clarke having withdrawn the motion submitted by him on the 11th instant for the postponement of said nomination, 3916 E J-V 6————3 |