the event of any person or persons captured upon Mexican territory being carried within the boundaries of the United States, the Government of the latter engages to use every fair and reasonable means that the nature and circumstances of the case will admit to rescue and return such captives to their own country, or deliver them to an agent or representative of the Mexican Government, requiring simply the repayment to the officer or ag nt of the United States who may so deliver or return them the expenses incurred in maintenance and transmission of the rescued captives. Finally, the Government of the United States promises that on any occasion she may have to remove the Indians from any point of her territory or to settle thereupon her own citizens, especial care shall be taken not to place said Indians under necessity of seeking new homes by means of incursions into the Mexican territory." Article 2. Insert the following as Article 2:

ARTICLE 2. The Government of Mexico hereby releases the United States from all liability on account of the obligations contained in the eleventh article of the treaty of Guadalupe-Hidalgo, and the said article, and the thirty-third article of the treaty of amity, commerce, and navigation between the United States of America and the United Mexican States, concluded at Mexico on the fifth day of April, eighteen hundred and thirty-one, are hereby abrogated. Article 3. Strike out the same, as follows:

"ARTICLE III. In consideration of the grants received by the United States, and the obligations relinquished by the Mexican Republic, pursuant to this treaty, the former agree to pay to the latter the sum of fifteen millions of dollars in gold or silver coin at the Treasury at Washington, one-fifth of the amount on the exchange of ratifications of present treaty at Washington, and the remaining four-fifths in monthly installments of three millions each, with interest at the rate of six per cent. per anuum until the whole be paid, the Government of the United States reserving the right to pay up the whole sum of fifteen millions at earlier date, as may be to her convenient.

"The United States also agree to assume all the claims of their citizens of whatever right, title or foundation which may have arisen since the date of the signature of the treaty of Guadalupe, or which may not have been provided for therein, or of any corporation, company or citizen of the same, including the so-called concession to Garay, whose lawful existence Mexico does not recognize, even as implied; thus extinguishing this among the other claims of citizens of the United States against the Republic of Mexico, said United States obliging themselves not to make any payment on account of the so-called concession to Garay, without having previously delivered to the agent of the Mexi can Government accredited at Washington all the evidence and documents used by the holders of said concession in establishing their rights and claims legally relinquished in favor of Mexico by such holders and claimants; and it is agreed in the reciprocal release of obligations that the Mexican Republic exonerates the United States of America from all claims of Mexico or Mexican citizens which may have arisen since the date of the treaty of Guadalupe, so that each Government, in the most formal and effective manner, shall be exempted and exonerated of all obligatious to each other respectively, whether of themselves or in be half of their respective citizens up to the date of the signature of the present treaty."

Article 3. Insert the following as article 3:

ARTICLE 3.—In consideration of the foregoing stipulations, the Govern ment of the United States agree to pay to the Government of Mexico, in the city of New York, the sum of seven millions of dollars, five millions of which

shall be paid immediately upon the exchange of the ratifications of this treaty, and the remaining two millions as soon as the boundary line shall be surveyed, marked and established.

Article 4. Strike out the same as follows:

“ARTICLE IV.—The Government of the United States shall organize a board of commissioners, which shall meet in the city of Washington or of Mexico, as the President of the United States may direct, within one year from the date of the exchange of the ratifications of this treaty for the purpose of examining and deciding the claims assumed by the United States in the preceding article, according to the principles of justice, the law of nations, and the treaty in force between the two Governments, and whose awards shall be final and conclusive, and the United States, exonerating Mexico from all demands on account of the claims of their citizens mentioned in the preceding article, and considering them entirely and forever canceled, whatever their amount, undertake to make satisfaction for the same in a sum not exceeding five millions of dollars. And if, for the purpose of discharging their duties, the board of commissioners should meet in the capital of the Mexican Republic, the Government of the same will afford all necessary protection for the continued pacific exercise of its functions, and will extend every facility in the furnishing to the commissioners and claimants all such documents establishing their rights as they might require, and which may be within the extent of its reach to supply."

Change "Article 5" to Article 4.
Change "Article 6" to Article 5.
Change "Article 7" to Article 6.

Article 8. Strike out the same as follows:

"ARTICLE VIII.--The two high contracting powers, fully impressed that under the auspices of peace, and upon the basis of mutual good faith, and of the respect which nations reciprocally owe, it is that their prosperity and well-being increase, especially when from vicinity their interests grow to be mingled and identified; and recognizing the reciprocal obligations of civilized Governments, and the acknowledged provisions of the laws of nations, agree by the present, in proof of that entire confidence which they mutually entertain, and of that friendship which they desire to be as perfect, unalterable, and complete as possible; that whenever the tranquillity and interior repose of either country shall be threat ened or disturbed by unlawful invasions of any of the citizens or subjects of either power against the territory of the other, respectively, they will cheerfully co-operate in their endeavors to suppress all such attempts. They mutually and especially obligate themselves in all cases of such lawless enterprises which may not have been prevented through the civil authorities before formation, to aid with the naval and military forces, on due notice being given by the aggrieved party of the aggressions of the citizens and subjects of the other, so that the lawless adventurers may be pursued and overtaken on the high seas, their elements of war destroyed, and the deluded captives held responsible in their persons, and meet with the merited retribution inflicted by the laws of nations against all such disturbers of the peace and happiness of contiguous and friendly powers. It being understood that in all cases of successful pursuit and capture, the delinquents so captured shall be judged and punished by the Government of that nation to which the vessel capturing them may belong, conformably to the laws of each nation."

Change "Article 9" to Article 7. Change "Article 10" to Article 8. 3916 E J-v 6- -20

In said Article 8, strike out "four months," and insert six months. The Senate, by unanimous consent, proceeded to consider the said resolution; and on the question to agree thereto,

Yeas...

It was determined in the negative, Nays..

Those who vcted in the affirmative are,

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Messrs. Allen, Atchison, Bell, Bright, Brodhead, Brown, Cass, Clay, Clayton, Dodge of Wisconsin, Dodge of Iowa, Douglas, Evans, Fitz. patrick, Johnson, Jones of Iowa, Mallory, Mason, Morton, Rusk, Sebas tian, Slidell, Thompson of Kentucky, Thomson of N. Jersey, Toombs, Weller, Wright.

Those who voted in the negative are,

Messrs. Bayard, Butler, Chase, Everett, Fessenden, Fish, Geyer, Gwin, Hamlin, James, Pettit, Stewart, Shields, Smith, Stuart, Sumner, Wade, Walker.

So, two-thirds not having voted in the affirmative, the resolution was not agreed to.

TUESDAY, APRIL 18, 1854.

The Senate proceeded to consider the nomination of Frederick A. Beelen and Edwin De Leon; and

Resolved, That the Senate advise and consent to the appointment of the said persons, agreeably to their nominations respectively.

The Senate proceeded to consider the nomination of Benjamin F. Angel; and,

After debate,

On the question, Will the Senate advise and consent to the appointment of Benjamin F. Angel?

On motion by Mr. Rusk,

8

3

The yeas and nays being desired by one-fifth of the Senators present, Those who voted in the affirmative are,

Messrs. Allen, Fish, Foot, Hamlin, Seward, Shield, Stuart, Walker. Those who voted in the negative are,

Messrs. Atchison, Bayard, Bell, Bright, Brodhead, Brown, Butler, Clay, Cooper, Dawson, Dodge of Iowa, Douglas, Evans, Everett, Fitzpatrick, Geyer, James, Johnson, Jones of Iowa, Jones of Tennessee, Mason, Pettit, Rusk, Sebastian, Thompson of Kentucky, Thomson of N. Jersey, Toombs, Toucey, Weller, Wright.

So it was

Resolved, That the Senate do not advise and consent to the appointment of Benjamin F. Angel to be consul of the United States for the port of Honolulu, in the Kingdom of Hawai, in the place of Elisha H. Allen.

On motion by Mr. James that the vote of the 17th instant disagreeing to the resolution of ratification of the treaty with the Mexican Republic be reconsidered,

It was determined in the affirmative.

On motion by Mr. Mason,

Ordered, Tha the further consideration of the said resolution be postponed to and made the order of the day for Thursday next, the 20th instant, at one o'clock.

WEDNESDAY, APRIL 19, 1854.

Mr. Rusk, from the Committee on the Post-Office and Post-Roads, to whom was referred, the 12th instant, the nomination of Emory Banister, reported.

Whereupon

Resolved, That the Senate advise and consent to his appointment, agreeably to the nomination.

On motion by Mr. Weller,

The Senate proceeded to consider the nominations of Samuel M. Hawkins, John O. Henning, John C. Heberd, Damon Hauser, James M. Gould, Arthur J. Gallagher, Henry L. Garland, Francis P. Ferriera, Albert G. Ellis, Fielding L. Dowsing, John Cunningham, Deury Bynum, John A. Bryan, Abraham Brawley, Joseph Bell, Elias E. Buckner, George M. Beattie, Otis Hoyt, Leland Wright, Jonas Whitney, David C. Tuttle, James Talbott, Joel C. Squires, Alexander Snodgrass, Theodore Sherar, John F. Read, Theodore Rodolph, Benjamin H. Mooers, Calvin W. Ruter, Henry Plowman, James S. McGinnis, Edmund W. Martin, Cyrus K. Lord, Nathan W. Landis, Jacob H. Kimball, and Thomas B. English; and

Resolved, That the Senate advise and consent to the appointment of the said persons, agreeably to their nominations respectively.

The Senate proceeded to consider the nomination of Theodore W. Brevard; and,

On motion by Mr. Mallory,

Ordered, That it lie on the table.

THURSDAY, APRIL 20, 1854.

Mr. Chase presented a memorial of James Mackenzie and other citizens of Ohio against the confirmation of the appointment of Reuben H. Gilson as receiver of public moneys at Defiance, Ohio; which was referred to the Committee on Public Lands.

On motion by Mr. Mason,

The Senate resumed the consideration of the resolution of ratification of the treaty between the United States of America and the Mexican Republic; and

After debate,

On motion by Mr. Weller,

The Senate adjourned.

TUESDAY, APRIL 25, 1854.

The following messages were received from the President of the United States, by Mr. Webster, his secretary:

To the Senate of the United States:

I nominate Eugene Wartelle, of Louisiana, to be receiver of public moneys at Opelousas, Louisiana, vice Henry L. Garland, resigned. FRANKLIN PIERCE.

WASHINGTON, April 18th, 1854.

To the Senate of the United States:

I nominate Joseph B. Austin for the office of consul for the United States for Cuidad Bolivar, in the Republic of Venezuela, in the place of Adolphus H. Wappans, recalled.

FRANKLIN PIERCE.

To the Senate of the United States :

I nominate J. Jenkins Ross, of Pennsylvania, to be consul of the United States for the port of Palermo, in the Island of Sicily, in the place of Julius C. Kretschmar, recalled.

WASHINGTON, 20 April, 1854.

To the Senate of the United States:

FRANKLIN PIERCE.

I nominate George W. Brandreth, of New York, to be consul of the United States for the port of Plymouth, in England, in the place of Thomas W. Fox, recalled.

WASHINGTON, 20 April, 1854.

To the Senate of the United States :

FRANKLIN PIERCE.

I nominate Thomas A. Walker, of Iowa, to be register of the land office at Fort Des Moines, Iowa, vice Robert L. Tidrick, resigned; and Phineas M. Cassaday, of Iowa, to be receiver of public moneys at Fort Des Moines, Iowa, vice Thomas A. Walker, nominated as above. FRANKLIN PIERCE.

WASHINGTON, April 22d, 1854.

To the Senate of the United States:

I nominate Ramon Juanes y Patrullo, a citizen of the United States, to be consul of the United States for Merida and Sisal, in the Mexican Republic, in the place of Wills de Hass, recalled.

WASHINGTON, 24 April, 1854.

To the Senate of the United States:

FRANKLIN PIERCE.

I nominate for appointment to the office of district attorney of the United States for the western district of Louisiana Peter Alexander, in the place of Joseph H. Kilpatrick, resigned.

WASHINGTON, 24 April, 1854.

The messages were read.

FRANKLIN PIERCE.

The Senate, by unanimous consent, proceeded to consider the nominations of Eugene Wartelle, Thomas A. Walker, and Phineas M. Cassaday; and

Resolved, That the Senate advise and consent to the appointment of the said persons, agreeably to their nominations respectively.

Ordered, That the nominations of Joseph B. Austin, J. Jenkins Ross, George W. Brandreth, and Ramon Juanes y Patrullo be referred to the Committee on Commerce.

Ordered, That the nomination of Peter Alexander be referred to the Committee on the Judiciary.

Mr. Douglas, from the Committee on Territories, to whom was referred, the 4th February, the nomination of Almon W. Babbitt, reported.

Whereupon

Resolved, That the Senate advise and consent to his appointment, agreeably to the nomination.

Mr. Hamlin, from the Committee on Commerce, to whom were referred, the 16th February, the nominations of Jason Beckwith, Clarke Elliott, Edward Ingraham, and John Hastings, reported.