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JULY, 1850.]

Death of Hon. Daniel Putnam King.

[31ST CONG. of this House will wear the usual badges of mourning for thirty days.

Resolved, That the Clerk of the House be direct

ed to communicate a copy of these proceedings to the family of the deceased.

Resolved, That the Clerk be also directed to communicate a copy of these resolutions to the Senate; and that, as a further testimony of respect House do now adjourn. to the memory of the Hon. DANIEL P. KING, this

your hearing, Mr. Speaker, who knew him well, and in the hearing of the older members of this House, I hesitate not to say, that no member has more constantly and faithfully devoted his time and talents to the public serIvice than my deceased colleague. He was daily, hourly, almost continually in his seat, with a clear and constant understanding of the business under consideration. In the discharge of his duties upon the various committees upon which he has been placed, he has been alike in- Mr. WINTHROP. If mere custom had predustrious and exemplary. In attending to the vailed on this occasion, Mr. Speaker, it would interests of his constituents, which were man- have fallen to me, as the senior member of the ifold, as his district was a highly commercial Massachusetts Delegation in this Hall, to perone, his diligence could not be exceeded. He form the sad duty, which has been so faithfully acted and voted always; he spoke seldom. and feelingly discharged by my friend and colIn all the relations of private life, he was league who has just taken his seat. I trust, without reproach; nay, more, his life was an therefore, that I may be allowed to say that, active blessing to all around him. It was made in yielding as I readily have done, to the claims such by the religious principle which was the of a more intimate association and immediate living spring of all his conduct. He was an companionship with the excellent person whose humble, active, devoted Christian. No pres-death has been announced to us, I have not sure of public duty, no desire for ease or relaxation, induced him to neglect the religious duties which he deemed as essential and proper here as at home; or the ordinances of the church to which he belonged. If to a stranger ear this seems the language of eulogy, I can only say, I cannot change it, for it is the simple truth.

Mr. Speaker, the power of death, which has been repeatedly during the present session exhibited in the other Chamber of Congress, and in the Executive Mansion, has now for the first time manifested itself here. Although our departed friend had not an iron constitution, he had never before, I believe, suffered any severe sickness. He was perhaps as little likely as any man among us to become the victim of disease. The plain language of so sudden an end, of such a life, is, "Be ye also ready."

been wanting in the deepest regret for his loss, or in the most sincere respect for his memory.

It has been my good fortune to be connected with Mr. KING for many years in the Legislature of our own Commonwealth, as well as to be with him here, during the whole period of his seven years' service as a member of this House; and I can truly say, that I have rarely met with a juster or worthier man, or with one more scrupulously faithful to every obligation to his neighbor, his country, and his God.

His devotion as a public servant, his integrity as a private citizen, and the high moral and religious character which he sustained in all the relations of life, had endeared him not merely to his immediate constituents, but to the whole people of Massachusetts; and there is no one who was more likely to have received at their hands, at no distant day, the reward of his honorable ambition, in the high

Sir, when the resolutions which I am about to propose shall have been adopted, the greatest honors of his native State. tide of public events will obliterate here the memory of my friend. His name will be stricken from the roll, and will pass from recollection here. But in the circle of his particular acquaintances, by those of us who have shared his domestic and social relations, his memory will be borne with us to the gates through which his gentle and noble spirit has just passed. And, in that district which he so faithfully represented, and of which he always spoke with such tender and proud regard, there will be a future of sincer emourning, for the loss of a private friend and a public benefactor.

Though he had enjoyed the advantage of an education, which would have fitted him for entering upon either of what are commonly called the learned professions, his tastes had led him to Agricultural pursuits. He prided himself, as any one may well pride himself, on being a good Farmer; and the farmers of his neighborhood were justly proud of him as one of the most intelligent, observing, and scientific of their number.

I move, sir, the following resolutions: Resolved, That this House has received with deep sensibility, the intelligence of the death of the Hon. DANIEL P. KING, a member of this House, from the State of Massachusetts, which took place at his residence in that State on Thursday last.

Resolved, That, as a testimony of respect for the memory of the deceased, the members and officers

We may well count it, sir, among the consolations of this hour, that he was permitted by a kind Providence, after so long a detention amid these scenes of strife, to revisit his native fields, to die beneath his own roof, surrounded

by his family and friends, and to lie down at last beneath the soil which he had adorned with his hand, and which was so dear to his heart.

In the beautiful village in which he lived, and which is now the scene of so much unaffected sorrow for his loss, I venture to say that no sod will be kept greener than that

1ST SESS.]

Death of Hon. Daniel Putnam King.

which covers his ashes, and that his name will long be sadly but fondly associated with "the Flower of Essex."

[JULY, 1850.

affection, year by year augmented in beauty and usefulness, by well-directed skill and careful cultivation.

Mr. KING, sir, was a gentleman-a gentleman of that school which teaches self-abnegation when the feelings and views of others are concerned. The apparent diffidence of his manners for a moment concealed the merit which lay beneath, but the solid, substantial qualities of his heart, and the full cultivation of his intellect, combined, with the gentleness of his manners and the purity of his morals, to insure in a little time the respect and the affection of his associates.

Mr. CHANDLER. I have waited till the members of the Massachusetts delegation should have given expression to the feeling which the death of their colleague (and such a colleague) must naturally inspire. It seemed to me to be a sort of sacrilege to anticipate their lamentation, or to break the chain of communication by which from mouth to mouth the voice of sorrow and of eulogy had utterance. It must be that these home-companions of the deceased have deeper griefs than the comparative stranger, and I am not one who would invade the Mr. KING, sir, was a christian. The virtues holy rights of sorrow. But, Mr. Speaker, it to which I have already alluded, owed their would, I think, be injustice to our late fellow-greatest attraction to the christian spirit in member--to the claim which his abundant virtues had upon the respect of all with whom he was in any way associated-to imagine that the afflictive rod of Providence had not reached beyond the State of which the deceased was one of the Representatives in this House. |

Wherever the Hon. DANIEL P. KING cultivated an acquaintance he made a friend; and though he was not ambitious of enlarged social intercourse yet the public positions to which he was called, and the fidelity with which he discharged all the duties connected with these trusts, extended his connections and multiplied the number of those who admired his character and rejoiced in his distinction. And that circumstance, sir, has bowed a thousand hearts to the blow which Providence has inflicted in the death of our lamented friend. On that ground, sir, I speak, not for myself alone, nor to occupy the attention of this House with any expression of my proper sorrows; but in this solemn moment, when the eyes of the House are turned towards the seat now left vacant, to say that the associates-the household companions -the members of the mess of which Mr. KING formed a part-have a peculiar grief in the deprivation which his death has brought. We had found him, sir, accomplished in all the riches of classic study, and able to command, for the delight of social intercourse, the treasures of science and the arts, while his attainments, and the profitable use to which he could apply them, were exhibited with a modesty that seemed to be alarmed at the admiration which such attainments and such a use of them naturally excited.

which they originated, and in which they were exhibited. He was kind and forbearing; watchful over his own words and inanners; and ever prompt to aid, by all appropriate means, those whose condition appealed to his superior attainments or larger possessions. And the bland courtesy of the gentleman blended in perfect harmony with the meekness and purity of the christian. And if I were called on to present, from public life, the true exemplification of the christian gentleman, I know of no character that would more beautifully illustrate the idea and supply the model than that of DANIEL P. KING.

The loss which the Commonwealth of Massachusetts sustains in the death of such a son and such a Representative, has been eloquently set forth by some of those who shared with him the honor of that representation, and who shared among themselves the delight of his association.

The terrible affliction that has made desolate the home of those that gathered into the domestic circle of the deceased, is not to be described. The arm upon which filial reverence leaned with much confidence is palsied by death-the heart, which the purest affections shared, has ceased to beat; and sorrow that springs from such a visitation, is too sanctified for us to disturb-the expression of sympathy itself might be an intrusion.

We have lost from our midst, Mr. Speaker, one who did honor to his association-he is the first indeed that has fallen among us, but we cannot conceal the monitory fact, that he has been swept away by a disease that is prevalent around us, and among us, and yesterday, when the news of the death of our late colaborer reached this House, some of us who

The honorable gentleman who announced to this House the fearful intelligence upon which we are now acting, and the honorable gentle-speak, and many who listen, were startled, not man who followed him, took occasion to say, only with the painful intelligence, but with the that Mr. KING, though enjoying the advan- consciousness of bending beneath the very tages of high collegiate education, declined pro- disease which has deprived our House of so fessional pursuits that he might indulge in his useful a member, and the nation of so faithful taste for Agriculture; and it was with his a servant. May we not hope, Mr. Speaker, landed estate as with his mental gifts, it was that the hand of afflictive Providence thus visinot the bare possession that he prized, but the ble among us, will direct us to a more faithful improvement; nothing with him remained un- discharge of the high duties imposed upon us; productive the wide-spread farm, the well- and that while we pause to do honor to the stored intellect, and the treasures of domestic | memory of so good a man, we shall resolve to

JULY, 1850.]

Death of Hon. Daniel Putnam King.

[31ST CONG.

dedicate our services more effectually to the na- | that he was a graduate of Harvard University,

tion, and in our grief to bury our passions, our pride, and our selfishness.

One word more, Mr. Speaker, and I will cease to trespass on the patience, or to tax the courtesy of this House. One word more, and I will unite with you and my brother members, in the adoption of those resolutions which give expression to our feelings on this painful bereavement, and then we will separate, that we may, in silence and solitude, extract from this Providence, the benefits which it is capable of conferring by a right use.

in his native State; but, unlike most persons who go through that course of education, instead of engaging in professional pursuits, he devoted himself to Agriculture. In this employment upon his own estate in Danvers, he will be long remembered for the zeal with which he prosecuted his business, and the influence which he exercised in promoting and encouraging useful improvements in the arts of husbandry.

His character and intelligence in the profession which he had chosen to be the business of There are few in this Hall, I imagine, Mr. his life, combined to recommend him for places Speaker, who had not some knowledge of the of public trust and confidence. His townsmen character of the deceased; and none, I venture frequently solicited him to represent them in to say, who had not a respect for him just in the Legislature of the Commonwealth, and he proportion to that knowledge. I confess that, was once chosen to preside over the House as though older than he, I had learned to love its Speaker. He was also elected by the counthe man for the beautiful simplicity of his char-ty of Essex one of her Senators, and was, acter, to admire him for his social virtues, during his service in the Senate, made its preand to respect him for his enviable attain-siding officer. In these stations he acquitted ments. The friendship which was consequent himself in a manner so creditable, that in a disupon intercourse, was a prize which made life trict distinguished for gentlemen of learning and delightful, and the pain consequent upon his other intellectual accomplishments, he was seunexpected death deprives the grief of utter-lected as a candidate for Congress, and had, ance. I was proud of his friendship as I was covetous of his intercouse. He was kind in granting both to me;

"But greater gifts were his-a happier doom, A brighter genius, and a purer heart;

A fate more envied, and an earlier tomb."

The question was then taken on the resolutions, and they were unanimously agreed to. And the House accordingly adjourned.

IN SENATE.

SATURDAY, July 27.

Mr. DAVIS, of Massachusetts, presented the credentials of the Hon. THOMAS EWING, appointed by the Governor of Ohio to fill the vacancy occasioned by the resignation of the Hon. THOMAS CORWIN. Mr. EWING, having been duly qualified, took his seat.

Death of Hon. Daniel P. King.

A message was received from the House of Representatives by the Clerk, announcing the death of the Hon. DANIEL P. KING, a member of the House from the State of Massachusetts, and the proceedings had thereon.

Mr. Presi

when brought to his untimely end, entered upon a fourth period of service. Honored as he had been with many and repeated marks of confidence by those who knew best his worth, still his rural pursuits had stronger charms than public life, and it was his purpose to leave these chambers at the end of this Congress, to enjoy the pleasures of his farm and his home.

Mr. President, death has disappointed these anticipations. He who was with us, uniting in our counsels only a few days ago, has left a seat vacant and gone to his account.

While we were gathering round the bier of that great and good man of whose counsels we have been recently bereaved, he embraced the opportunity afforded by a suspension of business to visit his family. While at his home, and in the midst of those most dear to him, he was seized with the disease which terminated his life.

Many greater men have died, but few better few whose virtues shine more conspicuously -whose patriotism was warmer, or whose pure, unblemished character entitled them more emphatically to be called good men.

Mr. D. concluded by offering the following:

Mr. DAVIS, of Massachusetts. dent, in listening to the painful intelligence which has been announced to us by the message from the House, I may be pardoned if I give utterance to feelings in which I am sure many will sympathize. The grave should not close over the remains of a co-laborer so pure in heart, and so upright in purpose, without some expression of our sense of his merit of our regret at his decease-of our sym-ings to the family of the deceased. pathy with his surviving friends.

sensibility the message from the House of Repre Resolved, That the Senate has received with deep sentatives, announcing the death of the Hon. DANIEL P. KING, a Representative from Massachusetts.

I have known Mr. KING for many years; and, without entering into the details of a life usefully and honorably spent, I may observe

Resolved, That, in token of respect for the memory of the deceased, the Senate will wear the usual badge of mourning thirty days.

Resolved, That the Secretary of the Senate be directed to communicate a copy of these proceed

Resolved, That, as a further token of respect for the memory of the deceased, the Senate do now adjourn.

And the Senate adjourned.

1ST SESS.]

Final Vote on the Boundary of Texas.

TUESDAY, July 30.

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YEAS.-Messrs. Badger, Baldwin, Bell, Bradbury, Bright, Cass, Chase, Clarke, Clay, Cooper, Dayton, Dickinson, Dodge of Iowa, Douglas, Felch, Greene, Hamlin, Jones, Mangum, Miller, Norris, Phelps, Pratt, Seward, Shields, Smith, Spruance, Sturgeon, Underwood, Upham, Wales, and Winthrop-32.

NAYS.-Messrs. Atchison, Barnwell, Benton, Berrien, Butler, Davis of Mississippi, Dawson, Downs, Ewing, Hunter, King, Mason, Morton, Pearce, Rusk, Soulé, Turney, Whitcomb, and Yulec-19.

So the amendment was agreed to.

MONDAY, August 5.

[AUGUST, 1850.

New Mexico and Texas.

Mr. PEARCE, pursuant to notice, asked and obtained leave to introduce the following bill: A BILL proposing to the State of Texas the estab

lishment of her northern and western boundaries, the relinquishment by said State of all territory claimed by her exterior to said boundaries, and of all her claims upon the United States.

The bill having been read a first timeMr. PEARCE asked for its second reading, and he addressed the Senate for more than half an hour in explanation of his plan.

The bill was then read a second time, ordered to be printed, and was made the order of the day for to-morrow.

WEDNESDAY, August 7.

Final Vote on the Boundary of Texas. Mr. PEARCE. I ask that the bill may now have its third reading.

Mr. YULEE. Do I understand the Chair that

it is in order for the bill to have more than one reading the same day?

The PRESIDENT. It is not in order to read it more than once on the same day if objected to. This bill was read two separate times a week ago, on the day on which it was introduced.

Mr. YULEE. But has it been engrossed sinco it was amended?

Mr. BADGER. The bill is engrossed.

Mr. YULEE. The question on engrossment is one question, and I supposed that the bill would come up the next day for its third reading.

Mr. BERRIEN. I understand the rule to be, that the bill must be read three times on two separate days. This bill has been read twice before, and if it is engrossed it can certainly be put upon its passage now.

The PRESIDENT. There can be no question

The bill was then ordered to be engrossed for about the propriety of the order of proceeding.

a third reading; yeas 32, nays 18. And the Senate then adjourned.

FRIDAY, August 2.

The Compromise Bill.

The Senate resumed the consideration of the bill for the admission of California as a State into the Union, to establish Territorial Governments for Utah and New Mexico, and making proposals to Texas for the establishment of her western and northern boundaries.

The bill as amended came up on its third reading, and it was read a third time and passed.

On motion by Mr. DOUGLAS, the title of the bill was changed to, "A bill to establish a Territorial Government for the Territory of Utah." The Senate then adjourned.

The bill has been read twice on a previous day, has been ordered to be engrossed, and, being engrossed, it is now presented to the Senate for its third reading. The Senate can postpone it until to-morrow if it chooses to do so.

Mr. YULEE. I merely desire to call the attention of the Senate to the fact that we are very far from having a full Senate. The last vote was but 27 to 24.

Mr. BADGER. The absentees have paired off. Mr. YULEE. How do you know? The bill was then read a third time, and the question was stated, "Shall the bill pass ? Mr. BRADBURY called the yeas and nays, and they were ordered, and were as follows:

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YEAS.-Messrs. Badger, Bell, Berrien, Bradbury, Bright, Cass, Clarke, Clemens, Cooper, Davis of Massachusetts, Dawson, Dickinson, Dodge of Iowa, Douglas, Felch, Foote, Greene, Houston, King, Norris, Pearce, Phelps, Rusk, Shields, Smith, Spru

AUGUST, 1850.]

Protest against the Admission of California.

ance, Sturgeon, Wales, Whitcomb, and Winthrop. 30.

NAYS.-Messrs. Atchison, Baldwin, Barnwell, Benton, Butler, Chase, Davis of Mississippi, Dodge of Wisconsin, Ewing, Hale, Hunter, Mason, Morton, Seward, Soulé, Turney, Underwood, Upham, Walker, and Yulee-20.

So the bill was passed, and is as follows: A Bill proposing to the State of Texas the establishment of her northern and western boundaries, the relinquishment by said State of all territory claimed by her exterior to said boundaries, and of all her claims upon the United States.

Be it enacted, &c., That the following propositions shall be and the same hereby are offered to the State of Texas, which, when agreed to by the said State, in an act passed by the General Assembly, shall be binding and obligatory upon the United States and upon the said State of Texas. Provided, That the said agreement by the said General Assembly shall be given on or before the 1st day of

December, 1850.

First. The State of Texas will agree that her boundary on the north shall commence at the point at which the meridian of one hundred degrees west from Greenwich is intersected by the parallel of thirty-six degrees and thirty minutes north latitude, and shall run from said point due west to the meridian of one hundred and three degrees west from Greenwich; thence her boundary shall run due south to the thirty-second degree of north latitude; thence on the said parallel of thirty-two degrees of north latitude to Rio Bravo del Norte; and thence with the channel of said river to the Gulf of Mexico. Second. The State of Texas cedes to the United States all her claim to territory exterior to the limits and boundaries which she agrees to establish by the first article of this agreement.

Third. The State of Texas relinquishes all claim upon the United States for liability for the debts of Texas, and for compensation or indemnity for the surrender to the United States of her ships, forts, arsenals, custom-houses, custom-house revenue, arms and munitions of war, and public buildings, with their sites, which became the property of the United States at the time of annexation.

Fourth. The United States, in consideration of said establishment of boundaries, cession of claim to territory, and relinquishment of claims, will pay to the State of Texas the sum of ten millions of

dollars, in a stock bearing five per cent. interest, and redeemable at the end of fourteen years, the interest payable half-yearly at the Treasury of the United States.

Fifth. Immediately after the President of the United States shall have been furnished with an authentic copy of the act of the General Assembly of Texas accepting these propositions, he shall cause the stock to be issued in favor of the State of Texas, as provided for in the fourth article of agreement. Provided, That not more than five millions of said stock shall be issued until the creditors of the State holding bonds and other certificates of stock of Texas for which duties on imports were specially pledged, shall first file at the Treasury of the United States releases of all claim against the United States for or on account of said bonds or certificates, in such form as shall be prescribed by the Secretary of the Treasury, and approved by the President of the United States: Provided, also,

[31ST CONG.

That nothing herein contained shall be construed to impair or qualify any thing contained in the third article of the second section of the joint resolution for annexing Texas to the United States, approved March 1, 1845, either as regards the number of States that may hereafter be formed out the State of Texas, or otherwise.

The Senate then adjourned.

MONDAY, August 12.

Admission of California.

The Senate resumed the consideration of the bill for the admission of California as a State into the Union.

the passage of the bill. The pending question was stated to be on

A long debate ensued, in which Messrs. DAVIS, of Mississippi, CLEMENS, HOUSTON, BARNWELL, EWING, BERRIEN, CASS, ATCHISON, FOOTE, and others, took part.

The PRESIDENT. The question is on the passage of the bill.

Mr. EwING called for the yeas and nays, and they were ordered; and being taken, were as follows:

YEAS. Messrs. Baldwin, Bell, Benton, Bradbury, Bright, Cass, Chase, Cooper, Davis of Massachusetts, Dickinson, Dodge of Wisconsin, Dodge of Iowa, Douglas, Ewing, Felch, Greene, Hale, Hamlin, Houston, Jones, Miller, Norris, Phelps, Seward, Shields, Smith, Spruance, Sturgeon, Underwood, Upham, Wales, Walker, Whitcomb, and Winthrop

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WEDNESDAY, August 14.

Protest against Admitting California. Mr. HUNTER. I rise, not to present a petition, but to address a motion to the courtesy of the Senate-a motion which I am aware I cannot make as a matter of right and parliamentary privilege. It is to ask that a protest, which has been prepared and signed by ten members of this body, against the passage of the bill admitting California into the Union as a State, which passed yesterday, may be received and spread upon the Journals of the Senate. We

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