IN THE SENATE OF THE UNITED STATES.

MAY 24, 1858.-Ordered to be printed.

Mr. SEBASTIAN made the following

REPORT.

[To accompary Bill S. 403.]

The Committee on Indian Affairs, to whom was referred the "memorial of George Stealey, praying compensation for his services and remuneration for expenses while on a mission to the Indian tribes in the northern portion of the State of California, under the authority of the Indian commissioners," have had the same under consideration, and respectfully report:

The memorialist was employed in the winter of 1850-'51 by the United States Indian commissioners in California to visit the tribes in the northern portion of that State with a view to arrest the aggressions upon the miners in their neighborhood, and establish peaceful relations between those Indians and the white inhabitants until permanent treaties could be made, in which he was successful. In consequence of the separation of the commissioners before he had returned from his mission, and the exhausted state of the fund provided for the purpose, he, as he alleges, has not been compensated for his services, nor reimbursed the money expended by him out of his own funds in carrying out the object of his mission. He now asks payment for his services and reimbursement of his expenses, a list of which is among the papers, furnished under oath, but unaccompanied by any proper vouchers, other than the statement of one of the commissioners, also filed with the papers, that the said memorialist was employed on the service indicated, which was one of great danger and exposure, and had succeeded in effecting the object of his mission, as the memorialist had alleged in a letter written to the said commissioner.

Your committee are of opinion that the memorialist should be compensated for any services he may have performed under the direction of the United States commissioners, and reimbursed any expenses actually incurred in the performance of the duty assigned to him, on production of satisfactory vouchers showing that the expenses were actually incurred, and that they were necessary to the attainment of the end that he had in view. They therefore recommend the passage of the accompanying bill.

The Committee on the Judiciary, to whom were referred the credentials of Graham N. Fitch and Jesse D. Bright, senators from the State of Indiana, together with the documents and testimony relative to that subject, have had the same under consideration, and report, by resolution, as follows:

Resolved, That Graham N. Fitch and Jesse D. Bright, senators returned and admitted from the State of Indiana, are entitled to the seats which they now hold in the Senate as such senators aforesaidthe former until the 4th of March, 1861, and the latter until the 4th of March, 1863, according to the tenor of their respective credentials.

TESTIMONY.

STATE OF INDIANA, Marion County.

Before the undersigned, a notary public of the county and State aforesaid, personally came John H. Eagle, foreman of the Journal Company's News Room, and, being duly sworn, says, upon his oath, that the notice hereto attached was published ten successive days, commencing April 26 and ending May 6, 1858, in the Indianapolis Daily Journal, a public daily newspaper of general circulation, printed and published in Indianapolis, Marion county, Indiana.

J. H. EAGLE. Sworn to and subscribed before me, this sixth day of May, A. D. 1858.

Witness my

[L. S. ]

hand and notarial seal.

JAMES N. SWEETSER,
Notary Public.

Notice to take testimony in the case of the contested election of Jesse D. Bright and Graham N. Fitch, senators returned and admit

ted to their seats from the State of Indiana to the Senate of the United States.

To Jesse D. Bright, Graham N. Fitch, and all others whom it may

concern:

You are hereby notified that, on the 6th day of May, 1858, between the hours of 9 o'clock a. m. and 6 o'clock p. m., the undersigned will proceed to take testimony in the case of the contested election of Jesse D. Bright and Graham N. Fitch, senators returned and admitted to their seats from the State of Indiana to the Senate of the United States, at the senate chamber, in the State-house, in the city of Indianapolis, in said State, before some judge authorized by the resolution of the Senate of the United States adopted upon the 16th day of February, A. D. 1858, and that they will continue taking said testimony from day to day, between said hours, until all is taken.

JOHN R. CRAVENS,

CHARLES D. MURRAY, Protestants.
JOHN S. BOBBS,

IN SENATE OF THE UNITED STATES, February 16, 1858.

Resolved, That, in the case of the contested election of the Hon. Graham N. Fitch and the Hon. Jesse D. Bright, senators returned and admitted to their seats from the State of Indiana, the sitting members, and all persons protesting against their election, or any of them, by themselves or their agents or attorneys, be permitted to take testimony on the allegations of the protestants and the sitting members, touching all matters of fact therein contained, before any judge of the district court of the United States, or any judge of the supreme or circuit courts of the State of Indiana, by first giving ten days' notice of the time and place of such proceeding in some public gazette printed at Indianapolis: Provided, That the proofs to be taken shall be returned to the Senate of the United States within ninety days from the passage of this resolution: And provided, That no testimony shall be taken under this resolution in relation to the qualification, election, or return of any member of the Indiana legislature. ASBURY DICKINS,

Attest:

Secretary.

Depositions taken by the Hon. Stephen Major, sole judge of the fifth judicial circuit of the State of Indiana, of witnesses in the case of the contested election of the Hon. Jesse D. Bright and the Hon. Graham N. Fitch, senators returned and admitted to their seats from the State of Indiana in the Senate of the United States, now pending in the Senate of the United States, pursuant to the annexed resolution of said Senate adopted on the 16th day of February, A. D. 1858, and

in accordance with the annexed notice, to be used upon the hearing of said case on behalf of the protestants, taken at the senate chamber, in the city of Indianapolis, and State of Indiana.

Ashbel P. Willard, being duly sworn, deposeth to the following interrogatories, as follows:

First question by contestors. State your name and residence, and whether you were present at the organization of the senate of the State of Indiana on the 8th day of January, 1857.

Answer, by Ashbel P. Willard. My name is Ashbel P. Willard; I am a resident of the State of Indiana, and was present at the organization of the senate of the State of Indiana on the 8th day of January, 1857.

Question 2. State what senators held over, and what persons were sworn into office on that day as senators, and by whom.

Answer. The senators who held over were: Samuel L. Rugg, W. C. Tarkington, Le Roy Woods, Richard D. Slater, A. R. McCleary, John Mathes, A. J. Hostetler, William Mansfield, W. B. Richardson, C. K. Drew, George W. Brown, James F. Suit, David Crane, G. W. Chapman, John R. Cravens, J. T. Freeland, David R. Bearss, Algernon S. Griggs, John Weston, P. S. Sage, S. T. Ensey, D. H. Crouse, Lewis Burke, James F. Parker, and J. J. Alexander, who was not present on that day-in all, twenty-five. The senators who were sworn in on that day were: James E. Wilson, Archibald Johnston, David Saunders Gooding, Lewis Wallace, David McClure, Robert W. Fisk, Hugh Miller, John Slater, Horace Heffren, William E. McLean, John Hargrove-all these were sworn in by me as presiding officer of the senate. Charles D. Murray, Walter March, Alanson W. Kendry, John F. Stevens, Isaac Kinly, John Green, Morgan H. Weir, Solomon Blair, Daniel Hill, John Yaryon, John S. Bobbs, Isaac A. Rice, Stanley Cooper, and John Thompson, were sworn in by Samuel B. Gookins, a judge of the supreme court, under the direction of Lewis Burke, in the forenoon of that day. In the afternoon of the same day all the last named senators who had sworn under the order of Senator Burke, with the exception of Mr. Stanley Cooper, were, under my order, sworn in by Judge Gookins as senators. Afterwards, under the order of the senate, I administered the oath to Stanley Cooper; making in all, including the senators holding over, fifty.

Question 3. State your opportunities of knowing the facts of the organization of the senate just named.

Answer. I was at the time lieutenant governor of the State, and, as such, presiding officer of the senate, and was present all the time on that day when any business was done.

Question 4. State who acted as senators during the session of the year 1857.

Answer. All the men above named acted as senators during that session, as far as I am informed, at least I never heard of the death of any of them; no resignation of any of them was filed with me, and no expulsion of any of them were certified to me.

On cross-examination, the above witness answered the following