[Thirty-fifth Congress-First session.]

HENRY M. RICE,

Senator from Minnesota from May 12, 1858, till March 3, 1863.

May 12, 1858, the credentials of Mr. Rice were presented, and he took his seat in the Senate. On the same day the following resolution was submitted by Mr. Harlan, of Iowa, for consideration: "Resolved, That a committee be appointed to investigate the allegation of fraud and extortion made against Henry M. Rice as agent of the Secretary of War in the sale of the Fort Crawford reservation, by settlers on said reservation, and that said committee have power to send for persons and papers." This resolution was amended so that the Committee on Military Affairs were instructed to make the investigation. That committee reported June 9, 1858, that “after an examination of all the testimony adduced, they do not find that it sustains any allegation which imputes criminality to, or arraigns the integrity of Mr. Rice, and finding nothing in the developments of the investigation which, in the opinion of the committee, tend to disqualify him for a seat in the Senate, they herewith submit the record in the case as a part of this report, and ask to be discharged from the further consideration of the subject." The report was unanimously agreed to. The history of the case here given consists of a transcript of the proceedings of the Senate relating to it from the Senate Journal, 1st sess. 35th Cong., which includes the report of the committee. The debates on the case, which are very brief, are found on pages 2075-2079, 2123, 2163 of the Congressional Globe, part 3, 1st sess. 35th Cong. The record accompanying the report of the committee is found in Senate Reports, 1st sess. 35th Cong., vol. 2, No. 814.

WEDNESDAY, May 12, 1858.

Mr. Toombs presented the credentials of the Hon. Henry M. Rice, elected a Senator by the legislature of the State of Minnesota; which were read.

The oath prescribed by law was administered to the Hon. Henry M. Rice, and he took his seat in the Senate.

Mr. Harlan submitted the following resolution for consideration:

"Whereas the settlers on Fort Crawford reservation, in the State of Iowa, allege that they have been defrauded by Mr. Henry M. Rice, as agent of Hon. John B. Floyd, Secretary of War, in the sale of their claims as settlers on said reservation, viz:

"1. That said Secretary of War instructed said Henry M. Rice to sell to the settlers on said reservations their claims at one dollar and twenty-five cents per acre; that said Rice required said settlers to pay for their claims at the rate of one dollar and fifty cents per acre, and receipted to them, on the payment of said one dollar and fifty cents per acre, for but one dollar and twenty-five cents per acre, and refused to receipt to them for the remaining twenty-five cents per acre received of them by him, as aforesaid.

"2. That sundry cases in which settlers applied to said Rice for leave to enter their said claims, he referred them to his clerk, who charged them fees, varying from ten to eighty dollars each, in addition to the said one dollar and fifty cents per acre, for leave to purchase their said claims; that these fees were charged and received by said Rice corruptly, and, said settlers believe, through the interposition of his clerk.

"3. That said Rice negligently failed to give said settlers reasonable notice of the time of said sale, and thereby subjected them to the necessity of borrowing money at enormous rates of interest with which to purchase their said claims.

"4. That said Rice defrauded one of said settlers of his rights to purchase his claim under the instruction of the Secretary of War, by surreptitiously securing from him a quit-claim to a part of the land embraced in said claim: Therefore,

Resolved, That a committee be appointed to investigate the allegation of fraud and extortion made against Henry M. Rice, as agent of the Secretary of War, in the sale of the Fort Crawford reservation, by settlers on said reservation, and that said committee have power to send for persons and papers."

FRIDAY, May 14, 1858.

Mr. Rice submitted the following resolution for consideration:

66 Resolved, That a select committee, to consist of five members, be appointed to investigate the charges preferred by certain citizens of Iowa, settlers upon the Fort Crawford reserve, as to the conduct of Henry M. Rice, special agent, appointed by the Secretary of War, to superintend the sale of that reserve; that said committee have power to send for persons and papers and to report by bill or otherwise."

SATURDAY, May 15, 1858.

The Senate proceeded to consider the resolution yesterday submitted by Mr. Rice; and having been amended, the resolution was agreed to, as follows:

Resolved, That the Committee on Military Affairs and the Militia be instructed to investigate the charges preferred by certain citizens of Iowa, settlers upon the Fort Crawford reserve, as to the conduct of Henry M. Rice, special agent, appointed by the Secretary of War, to superintend the sale of that reserve; that said committee have power to send for persons and papers and to report by bill or otherwise."

WEDNESDAY, June 9, 1858. [The committee consisted of Messrs. Davis (chairman), Fitzpatrick, Johnson of Arkansas, Iverson, Broderick, Wilson, and King.]

Mr. Davis, from the Committee on Military Affairs and the Militia, to whom was referred the resolution of the Senate of the 15th ultimo, to inquire into certain charges made by citizens of Iowa against the Hon. Henry M. Rice, a Senator from Minnesota, reported:

That, under the authority of the resolution, they procured from the War Department, and elsewhere, papers exhibiting the facts in the case, and had before them twenty-two witnesses, who testified under oath as to the allegations made against Mr. Rice; and, after an examination of all the testimony adduced, they do not find that it sustains any allegation which imputes criminality to, or arraigns the integrity of, Mr. Rice, and finding nothing in the developments of the investigation which, in the opinion of the committee, tend to disqualify him for a seat in the Senate, they herewith submit the record in the case as a part of this report and ask to be discharged from the further consideration of the subject.

The Senate proceeded, by unanimous consent, to consider the report; and the report was unanimously agreed to.

Ordered, That the report (No. 314) be printed.

JEFFERSON DAVIS AND ALBERT G. BROWN,
of Mississippi.

STEPHEN R. MALLORY AND DAVID L. YULEE,
of Florida.

C. C. CLAY AND BENJAMIN FITZPATRICK,

of Alabama.

ROBERT TOOMBS,

of Georgia.

JUDAH P. BENJAMIN,

of Louisiana.

January 22, 1861, a motion was submitted that the Journal be so corrected as to record the fact at Messrs. Davis, Mallory, Yulee. Clay, and Fitzpatrick had announced that the States from which ey were Senators, respectively, had seceded, and that they thereupon withdrew from the Senate. motion was offered as an amendment that these names "be stricken from the list of Senators." was ordered that both motions lie on the table. March 13, 1861, a resolution was submitted that essrs. Brown, Davis, Mallory, Clay, Toombs, and Benjamin having withdrawn from the Senate, their seats in this body have thereby become vacant. (Certain other Senators had withdrawn ring the previous session and their terms of office had expired March 3, 1861. See foot notes.) he following day the Senate resolved that the seats of these members having become vacant, "the cretary be directed to omit their names, respectively, from the roll."

The history of the cases here given consists of a transcript of the proceedings of the Senate relating them from Senate Journal, second sess. Thirty-sixth Cong. Special references to the debates are inserted below.

[Second session of the Thirty-sixth Congress.]

TUESDAY, January 22, 1861.

The Vice-President stated that no notice had been taken in the Journal of the withawal from the Chamber on yesterday, and that no paper had been filed with the residing officer by those Senators notifying him that they had withdrawn from the enate; and that he would like some instruction as to what vacancies exist in the mmittees, and whether the names of those Senators should continue to be called taking the yeas and nays.

Mr. Benjamin submitted the following motion:

Ordered, That the Journal of the proceedings of the Senate be so corrected as to cord the fact that the Senators from the States of Florida and Alabama, and the on. Jefferson Davis, Senator of the State of Mississippi, made announcement that he said States of Florida, Alabama, and Mississippi had seceded from the Union, ad resumed the powers delegated by the said several States to the United States of merica, and that they, the said Senators, considered themselves by reason of said etion of said States as being no longer entitled to retain their seats as Senators, and cordingly thereupon withdrew from the Senate.

The Senate proceeded to consider the said motion; and

On motion by Mr. Douglas to amend the same by striking out all after the word ordered," and in lieu thereof inserting:

"That Jefferson Davis of Mississippi, Stephen R. Mallory and David L. Yulee of lorida, C. C. Clay and Benjamin Fitzpatrick of Alabama, having announced to the enate their withdrawal from the same,

The remarks of the Senators on their withdrawal are found on pages 484-487 of the Congressional lobe, part 1, 2d sess. 36th Cong.

"Ordered, That their names be stricken from the list of Senators, and the Secretary directed no longer to call the same."

After debate,

On motion by Mr. Seward that the motion of Mr. Benjamin and the proposed amendment lie on the table,

Mr. Benjamin raised a question of order, to wit: Whether it was in order to move to lay upon the table a motion to correct the Journal of the Senate of the preceding day; and

The Vice-President decided that the motion was in order; and

On the question to agree to the motion of Mr. Seward, it was determined in the affirmative-yeas 32, nays 22.

On motion by Mr. Seward, the yeas and nays being desired by one-fifth of the Senators present,

Those who voted in the affirmative are Messrs. Anthony, Baker, Bigler, Bingham, Chandler, Clark, Collamer, Crittenden, Dixon, Doolittle, Durkee, Fessenden, Fitch. Foot, Foster, Grimes, Gwin, Hale, Harlan, Johnson of Tennessee, King, Latham, Morrill, Saulsbury, Seward, Simmons, Sumner, Ten Eyck, Thomson, Wade, Wilkinson, and Wilson.

Those who voted in the negative are Messrs. Benjamin, Bragg, Bright, Clingman, Douglas, Green, Hemphill, Hunter, Iverson, Johnson of Arkansas, Kennedy, Lane, Mason, Nicholson, Pearce, Polk, Powell, Rice, Sebastian, Slidell, Trumbull, and Wigfall So it was

Ordered, That the motion of Mr. Benjamin, and the proposed amendment, lie on the table. [The debate is found on pages 500-505 of the Congressional Globe, part 1, 2d seas. 36th Cong.]

[Special session of Senate, March, 1861.]

WEDNESDAY, March 13, 1861.

Mr. Fessenden submitted the following resolution for consideration: "Resolved, That Albert G. Brown and Jefferson Davis of Mississippi, Stephen R. Mallory of Florida, Clement C. Clay, jr., of Alabama, Robert Toombs of Georgia, and Judah P. Benjamin of Louisiana, having announced that they are no longer members of the Senate, and having withdrawn therefrom, their seats in this body have thereby become vacant, and the Secretary is directed to strike their names from the roll of members."

THURSDAY, March 14, 1861.

On motion by Mr. Fessenden that the Senate proceed to the consideration of the resolution yesterday submitted by him, declaring the seats of certain Senators vacant, and directing the Secretary to strike their names from the roll of the Senate, it was determined in the affirmative-yeas 26, nays 13

On motion by Mr. Douglas, the yeas and nays being desired by one-fifth of the Senators present,

Those who voted in the affirmative are Messrs. Anthony, Bingham, Chandler, Clark, Collamer, Cowan, Doolittle, Fessenden, Foot, Foster, Grimes, Hale, Harlan, Harris, Howe, King, Lane, Morrill, Simmons, Sumner, Ten Eyck, Thomson, Trumbull, Wade, Wilkinson, and Wilson.

Those who voted in the negative are Messrs. Breckinridge, Bright, Clingman, Douglas, Hunter, Latham, Mason, Mitchel, Nesmith, Nicholson, Polk, Powell, and Rice.

So the motion was agreed to; and the Senate proceeded to consider the said reso lution; and

The resolution having been modified, on the motion of Mr. Fessenden, to read as follows:

"Resolved, That Albert G. Brown and Jefferson Davis of Mississippi, Stephen R. Mallory of Florida, Clement C. Clay, jr., of Alabama, Robert Toombs of Georgia, and Judah P. Benjamin of Louisiana, having announced that they are no longer members of the Senate, and having withdrawn therefrom, their seats in this body have thereby become vacant, and the Secretary is directed to omit their names from the roll of members;"

On motion by Mr. Bayard to amend the resolution by striking out all after the word "resolved," and in lieu thereof inserting:

"That Albert G. Brown and Jefferson Davis of Mississippi, Stephen R. Mallory of Florida, Clement C. Clay, jr., of Alabama, Robert Toombs of Georgia, and Judah P.

*For announcement of Mr. Brown, see page 352 of the Congressional Globe, part 1, 2d sess. th Cong.; for that of Mr. Benjamin, see page 721, 722, Ib. The terms of Messrs. Yulee, Fitzpatrie. Iverson, and Slidell, who had withdrawn from the Senate during the past session, had expired March 3, 1861. For announcement of withdrawal by Mr. Iverson, see page 589 of the Congressional Globe, part 1, 2d sess. 36th Cong.; for that by Mr. Slidell, see pages 720, 721, Ib.

Benjamin of Louisiana, having announced that by the secession of their respective States they were no longer members of the Senate, and withdrawn therefrom, the Secretary is directed to omit their names in calling the roll of the Senate,”

It was determined in the negative-yeas 12, nays 26.

On motion by Mr. Bayard, the yeas and nays being desired by one-fifth of the Senators present,

Those who voted in the affirmative are Messrs. Bayard, Breckinridge, Bright, Clingman, Hunter, Mason, Mitchel, Nicholson, Polk, Powell, Rice, and Thomson.

Those who voted in the negative are Messrs. Anthony, Baker, Bingham, Chandler, Clark, Collamer, Cowan, Doolittle, Douglas, Fessenden, Foot, Foster, Grimes, Harlan, Harris, Howe, King, Lane, Morrill, Simmons, Sumner, Ten Eyck, Trumbull, Wade, Wilkinson, and Wilson.

After debate,

On motion by Mr. Collamer that the Senate proceed to the consideration of executive business, it was determined in the affirmative; and after the consideration of executive business, the doors were opened.

The Senate resumed the consideration of the resolution of Mr. Fessenden; and The resolution having been further modified, on the motion of Mr. Clark, to read as follows:

"Whereas the seats of Albert G. Brown and Jefferson Davis of Mississippi, Stephen R. Mallory of Florida, Clement C. Clay, jr., of Alabama, Robert Toombs of Georgia, and Judah P. Benjamin of Louisiana, as members of the Senate, have become vacant: Therefore,

"Resolved, That the Secretary be directed to omit their names, respectively, from the roll,"

On motion by Mr. Mason to amend the resolution by striking out all after the word "resolved," and in lieu thereof inserting:

"That Albert G. Brown and Jefferson Davis of Mississippi, Stephen R. Mallory of Florida, Clement C. Clay, jr., of Alabama, Robert Toombs of Georgia, and Judah P. Benjamin of Louisiana, having ceased to be members of the Senate, the Secretary be directed to omit their names from the roll,"

It was determined in the negative-yeas 10, nays 24.

On motion by Mr Mason, the yeas and nays being desired by one-fifth of the Sen. ators present,

Those who voted in the affirmative are Messrs. Breckinridge, Bright, Clingman, Hunter, Mason, Mitchel, Nicholson, Polk, Powell, and Rice.

Those who voted in the negative are Messrs. Anthony, Bingham, Chandler, Clark, Collamer, Cowan, Doolittle, Fessenden, Foot, Foster, Harris, Howe, Johnson, King, Lane, Morrill, Nesmith, Simmons, Sumner, Ten Eyck, Trumbull, Wade, Wilkinson, and Wilson.

No further amendment being proposed,

On the question to agree to the resolution as modified on the motion of Mr. Clark, it was determined in the affirmative.

So the resolution was agreed to.

[The debate is found on pages 1454-1456 of the Congressional Globe, part 2, 2d sess. 36th Cong.]

79908°-S. Doc. 1036, 62-3-77