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1st Session.

No. 13.

IN THE SENATE OF THE UNITED STATES.

JANUARY 12, 1854.–Ordered to be printed.

Mr. BADGER submitted for consideration the following

RESOLUTION.

[The amendments proposed to be made to the existing 48th rule, by this resolution, are

to add what will be found printed in italics.]

Resolved, That the 48th rule of the Senate be amended to read as follows:

48. The following persons, and none others, shall be admitted on the floor of the Senate: members of the House of Representatives, and their clerk; the Secretary of State, the Secretary of the Treasury, the Secretary of the Interior, the Secretary of War, the Secretary of the Navy, the Attorney General, and the Postmaster General; the private secretary of the President, chaplains to Congress, judges of the United States, foreign ministers and their secretaries; ministers of the United States to foreign governments, and their secretaries, and persons who have been such ministers or secretaries; officers who, by name, have received, or shall hereafter receive, the thanks of Congress for their gallantry and good conduct in the service of their country, or who have received medals by a vote of Congress; the governor, for the time being, of any State or Territory of the Union; the ex-governors of the several States; judges of the courts of record of the several States, amd persons who have held those offices; the ex-officers of the Senate; such gentlemen as have been heads of departments, secretaries, clerks, sergeants-at-arms, or members of either branch of Congress; persons who, for the time being, belong to the respective State and Territorial legislatures; and persons belonging to such legislatures of foreign governments as are in amity with the United States.

No person, except members and officers of the Senate, shall be admitted at either of the side-doors of the Senate chamber; and all persons claiming admission on the floor,

excepting members and the clerk and sergeant-at-arms of the House of Representatives for the time being, the heads of the several departments, the private secretary of the President, the chaplains to Congress, judges of the United States and of the several States, foreign ministers and their secretaries, ministers and ex-ministers of the United States, their secretaries and ex-secretaries; and officers who, by name, shall have received the thanks of Congress, or medals by a vote of Congress, shall, each time before being admitted upon the floor, enter their names, together with the official position in right of which they claim admission, in a book to be provided and kept at the main entrance to the Senate chamber; and no person, except members of the Senate, shall be allowed within the bar of the Senate, or to occupy the seat of any senator.

1st Session. No. 13.

IN THE SENATE OF THE UNITED STATES.

JANUARY 12, 1854.—Ordered to be printed.

Mr. BADGER submitted for consideration the following

R ESOL U TI O N.

[The amendments proposed to be made to the existing 48th rule, by this resolution, are to add what will be found printed in italics.]

Resolved, That the 48th rule of the Senate be amended to read as follows: 48. The following persons, and none others, shall be admitted on the floor of the Senate: members of the House of Representatives, and their clerk; the Secretary of State, the Secretary of the Treasury, the Secretary of the Interior, the Secretary of War, the Secretary of the Navy, the Attorney General, and the Postmaster General; the private secretary of the President, chaplains to Congress, judges of the United States, foreign ministers and their secretaries; ministers of the United States to foreign governments, and their secretaries, and persons who have been such ministers or secretaries; officers who, by name, have received, or shall hereafter receive, the thanks of Congress for their gallantry and good conduct in the service of their country, or who have received medals by a vote of Congress; the governor, for the time being, of any State or Territory of the Union; the ex-governors of the several States; judges of the courts of record of the several States, amd persons who have held those offices; the ex-officers of the Senate; such gentlemen as have been heads of departments, secretaries, clerks, sergeants-at-arms, or members ofeither branch of Congress; persons who, for the time being, belong to the respective State and Territorial legislatures; and persons belonging to such legislatures of foreign governments as are in amity with the United States. No person, except members and officers of the Senate, shall be admitted at either of the side-doors of the Senate chamber; and all persons claiming admission on the floor, excepting members and the clerk and sergeant-at-arms of the House of Representatives for the time being, the heads of the several departments, the private secretary of the President, the chaplains to Congress, judges of the United States and of the seteral States, foreign ministers and their secretaries, ministers and ex-ministers of the United States, their secretaries and ex-secretaries; and officers who, by name, shall have received the thanks of Congress, or medals by a vote of Congress, shall, each time before being admitted upon the floor, enter their names, together with the official position in right of which they claim admission, in a book to be provided and kept at the main entrance to the Senate chamber; and no person, except members of the Senate, shall be allowed within the bar of the Senate, or to occupy the seat of any senator.

the claimants of the brig General Armstrong, was a clear and unequivocal admission and avowal of the responsibility of Portugal to the owners of the American brig, on which responsibility alone could Portugal found a demand on the government of Great Britain for indemnity. The apology and reparation made by England was an avowed acknowledgment that they were the aggressors, and that Captain Lloyd, who commanded the British squadron, was guilty of having first violated the neutrality of the port of Fayal.

From Mr. Monroe's administration up to the early part of the second term of General Jackson, a period of sixteen years, it appears that this claim became neglected and wholly overlooked by both governments. In the mean time the House of Braganza had been removed from Rio de Janeiro to Lisbon. On 20 June, 1834, Mr. Louis McLane, Secretary of State, informed Captain Reid that “the situation of Portugal is such as to render the present an unsuitable time for presenting any claim, however just, upon the government. When the political affairs of that country become settled, your memorial will receive proper attention.” On the 14th April, 1840, Mr. John Forsyth, Secretary of State under Mr. Van Buren, in reply to your memorialist, said, that "Mr. Cavanagh's instructions (United States chargé at Lisbon) require him to urge the call upon Portugal whenever there is room for expecting a favorable result." Thus the claimants never failed to make continual claim

up

to the administration of Mr. Tyler, when a confident tone was assumed by Mr. Webster, Secretary of State, which produced a written reply from the government of Portugal, through its minister of foreign affairs, Señor de Castro. In this communication, dated 3d August, 1843, ad dressed to Mr. G. W. Barrow, chargé d'affaires of the United States at Lisbon, the liability of Portugal was for the first time denied, and it was boldly asserted that the Americans, and not the British, had first violated the neutrality of their port. This was the only written reply ever received from the government of Portugal, since the communication of the Marquis de Aguiar, a period of nearly thirty years!

Your memorialist, in urging the Department of State not to abandon this claim on the unjust denial of Portugal and the falsified statements, founded on British authority, was replied to by Mr. Upshur, in a letter dated 10th January, 1844, that "argument and importunity have been exhausted, and this government can see nothing in the circumstance to justify or warrant it in having recourse to any other weapons.” On 29th January, 1844, your memorialist, not relying on “argument and importunity to sustain the just rights of the claimants, made a final appeal to the Department of State, (to which particular attention is called,) in an argument maintaining the demand of the claimants, and asking that a proper reply and animadversion might be made to the letter of Señor De Castro, and the claim left in a state of perpetual demand against that government. To this communication no reply was received, in consequence of the death of Mr. Upshur; and in renewing the application to Mr. Calhoun in April, 1844, the department stated, in a letter to Hon. H. Johnson, of Louisiana, that the case of the General Armstrong was disposed of by my predecessor upon grounds which appear to me judicious and proper. Of this Mr. Reid has been

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