Indiana State Sentinel, Volume 10, Number 34, Indianapolis, Marion County, 23 January 1851 — Page 4

CONSTITUTIONAL CONVENTION. seroatsD roa m tat mmu v sotto.Mos Day, Jannary 13, 1S51 The Convention was opened with prayer, bj the Rev Mr. New. Mr. Kent, chairman of the select committee, to whom the different subject in relation to negroes aid mulettoee were referred, reported a series of sections, providing that no negro or mulatto shall come into, or settle in this State after the adoption erf' this Constitution ; contracts with negroes coming into the State to be void, and persons employing them, or otherwise enoouraging their remaining in the State, hall be fined not less than ten nor mure than $500; there shall be an annual appropriation for the gradual colonization of nog roes and mal at toes sod their descendants, who are hJre at the adoption ef the Consritntion ; after i860 no negro or mulatto shall acquire real estate except by descent ; the General Assembly to pass laws to carry out the provisions of the foregoing sections, if adopted by the people This article shall be submitted to a eparate vote of the people, in this form: Exclusion and Colonization of -grots and mulmttoes, "are or no;" wnich were read a first time and 500 copies ordered to be printed. Mr. Walpole withdrew his motion to reconsider the passage of the section providing lor banking on a specie basis. The question then recurred on the proposed section of Mx- Smith of Ripley, as proposed to be amended by Mr. Basoom referring the subject to the people; when Mr. Lockhart moved to refer with instructions, that the General Assembly shall, at its first session after the adoption of the Constitution, enact a general system of banking, and extend the charter of the present State Bank, until two years previous to the last bonds of the bank are dne; the profits to the State, during such ex tension, to be applied as the Legislature may provide; after whioh period, a State Bank and branches may lc provided for by law, and shall conform, so far to the general law for ranking, as the General Assembly may require. After a somewhat noisy discussion, Mr. Lockhart withdrew his motiou to re-commit with instructions. Thequeetion now being on Mr. Bicom's amendment referring the subject of hanking to the people, Mr. Hall said, be thought the Conventiou was not now in a condition to act properly on this question. He would therefore move to refer to a committee without instructions, to be pompös d equally of the two bank parties. He thought j compromise might be made that would prove satisfactory to the Convention and the peopie. The question was then taken on Mr. Hall's motion to refer to a select committee of one from each judicial circuit, and decided in the negative, ayes 34, noes 107. Mr. Read of Clark moved to reconsider the vote on the passage of the section passed on Saturday, providing that all banking shall be on a specie basis, actually paid i; which motion did not prevail, ayes 63, noes 80. Mr. Bascom's amendment was not adopted. The question recurring on the section proposed by Mr. Smith of Ripley. Mr. Kilgore moved to strike out and insert a provision providing for a State Bank and branches. Laid on the table, ayes 93, noes 48. Mr. Owen then moved to strike out the proviion providing for a mutual liability of Baaks and insert Provision that there shall be n'o law authorized, providing for a suspension of specie payment. Mr. Owen modified his amendment so as to provide that if a Bank is established with Branches, said Branches shall be mutually liable for each other's circulation. The question was taken on its adoption and decided in

the affirmative, ayes. 115, noes 24. Mr. Dobson then moved an amendment that the State shall have power to contract loans to establish a State Bank; When the Convention adjourned. In the afternoon Mr. Dobson withdrew his amendment. Mr. March then moved to add to Mr. Owen' amendment, bv adding that the Branche shall "be responsible for the debts, notes and engagements of each other." Mr. Dunn of Jefferson moved thaT the amendment be laid upon the table; carried, ayes 71, noes 49. The section, s.s amended, was then adopted. Mr. Walpole noved to amend by providing, that ''the General Assempty may provide by law for the renewal ef the present loan invested in State Bank stock, or may pmvvl- for and negotiate loans of money to bo applied as stock on behalf of the State in any Bauk hereafter incorporated ;" laid on the table, ayes 71, noes 52. Mr. Pettit moved an amendment, that the State shall not be a stockholder in any Bank after the expiration of the present Bank charter. Mr. Prather moved to amend, so that there shall not be established or incorporated, in this State, any Bank ur Banking company or moneyed institution lor the purtoc beare of issuing bills of credit or bills payable to order or er. Mr. Prather's amendment was laid upon the table. The question was then taken on laving Mr. Pettit's amendment on the table, and decided in the negative, ayes 62, noes 82. Mr. Owen moved to amend by adding "nor shall the credit of the State ever be given or loaned in aid of any person, association or corporation ; nor shall the State hereafter become a stockholde r in any corporation or association." Mr. Kilgore moved that the section and pending amendments be laid upon the table. Lost, aves 52, noes 92. Mr. Gootee called the previous question, which being sustained, was put on Mr. Owen's amendment, and decided in tbe affirmative, ayes 87, noes 57. The question was then taken on the adoption of Mr. Pettit's amendment, as amended by Mr. Owen, and deelded in the affirmative, ayes 89, noes 56. The section was then ordered to be engrossed. Mr. Walpole moved to amend, so that no citizen of a foreign government shall either directly or indirectly be a stockholder in any Bank in this State. Mr. Smith of Ripley moved to amend, so that Bank notes or bills hall not be issued on State stocks, or on United States or State stocks; laid on the table, ayes 78, noes 67. The question was then taken on laving Mr. Walpole's amendment upon tbe table, and decided in the negative, aye 69, noes 75. TtrasDAT, January 14, 1851. Tbe Convention was opened by prayer "The section coming up on its third reading declaring that tbe branches of any bank with branches, shall be mutually responsible for'each other's circulation, and that the State shall not be a partner in. not loan her credit to any bank or corporation, a motion was made to lay it oa the table. Lost ayes 58, noes 78. Mr. .Vagoire moved to recommit with instructions to strike oat the latter part, which prohibits the State from being a partner in any bank, hu-., leaving that part which makes the branches mutually responsible. Mr. Hall moved to amend the amendment bv a section, authorizing a State Bank and branches to be mutually responsible Stue not to be a partner, except that trust funds may be invested as a loan, to be secured by preference in payment in case of insolvency, over other stockholders. Lost ayes 63. noes HO. Mr. Magnire's also failed aves 59, noes 81. The section then passed aves 89. noes 53." Mr. Walpole's amendment, excluding foreigners from being stockholders in Banks being under consideration, Mr. Smith of Ripley ottered an amendment, providing that "every bank established und -r the authority of this Constitution shall pay one quarter of one per cent, per annum, bonus on the capital stock, to the State, for common school purposes, and each bank dividing ten per or ovet , profit, on tbe capital stock, established as id, shall in like manner, pay over to the state, tor of common schools the hall' of one per cent, on the capital stock of each branch," which was adopted, ayes 76. noes 61. Mr. Walpole's amendment, as amended by Mr. Smith of Ripley, was ordered to be engrossed. The section providing that no Bank shall receive, directly or indirectly any greater interest than shall be allowed bylaw te individuals loaning money, was read a second time . when Mr. Mather moved to amend, so tha 'the specie ha eis f all banks shall be in soch proportion as the Legislature may determine ; in addition to which there shall be ample collateral security so as to enable the Banks to redeem all the notes issued in gold and silver. Mr. Walpole moved to amend the amendment so that "no issue, discount or exchange shall ever I authorized or permitted, on any security other than gold and silver of tbe Baak." Mr. Kent .-moved that Mr. Walpole's amendment be leid up en the tabf; carried, ayesfte. noes 41. Mr- Colfax ad, as a compromise, he would move to strike c-at the amendment of Mr. Mather and insert a prevision permitting a system of State or Free Banking or both one founded on ample security, to be registered sjrith a proper officer . and the other that the Legislature aaay arse have authority to charter a Bank and branches without collateral security, which branches shall be mutually responsible for the ' circulation of each other, the stockkoteWs of which shall be individually liable to an equal amount with their stock, and in which tbe State shall not be a partner. But this shall not be construed tojprohibit the investment of the Trust Funds, their se. oOrity suitably guaranteed. Mr. May moved that the amendment be laid upon tbe table ; which motion did not prevail, ayes 43. noes 90. Tbe question was then taken on adopting Mr. Colfax's amendment, aad decided in the affirmative, syes 86, The amendment , as amended was then adopted, ayee 76, noes 57 The section was then ordered to he engrossed.

Wednesday. Jajicast 15, 1851. The Convention wss opened with pray j " by the Rev. Mr. Steele. Mr. Dunn of JefTerac presented a memorial in favor of tree banking ; laid on tue table. Mr. Holmen, alter giving evidence of the high char acter of the petitioners, pi esented a petition from upwards of one hundred ladies of Dearborn county, praying for a provision in the Constitution giving married women the right of holding real and personal property separate from their husbands, at the same time disclaim

ing any intention ot asking improper political right Tney appeal to tbe Convention, in stront term, as bus- i

bends, lathers and brothers for justice in the premises; 1 has well said mu. h that I intended to say in answer to which was referred to the committee on rights and priv- the Senator from Ohio, and if I had known of bis parileges. j tiuipancy in this debate, and the extent to which bis pubTbe section, as amended on yesterday, bv Mr. Colfax, i lishcd remarks furnish an ansver to that Senator, I do

providing for a mixed system oi banking, was read a third time ; when Mr. Howe moved to reeointnit with instructions to add "but such charter shall not extend beyond the peri- j od of eight years, from the expiration of the charter of the present State Bank, aud its capital stock or profits shall inaii cases be subject to tne saino rate oi taxation witn other banks." Mr. Taylor moved to amend the instructions, by striking out and inserting a provision, that ''the Goneral As a . - r .a sembly shall, at the nrst session under tne new consti tution. pass a lawfor a System ot' free banking, ou good j

and sufficient securities, and shall continue the present i ence to certain pledges, which but a few short months State Bank until the year 1862, and after that time there j after they came into power it manifestly appeared were shall be no other banks than those existing under general j only made tobe violated. Among them wss the pledges laws the State not to be a stockholder under said gen- that no officer should be removed for mere opinion's eral system ; stockholders to be individually liable to j sake . no incumbent was to be displaced except on charamount of stock; and t o law to be passed authorizing a . ges preferred and sustained. The history ol the adsuspension of specie payments." j ministration of General Taylor, from its organization Mr. Edinonston moved the previous question, which i down to the date of the introduction of this resolution, being sustained was first put, on Mr. Taylor's amend- j disclosed a state of things as unexpected as it was unjust ment to the instructions ; which was not adopted, ayes i toward all those who were holding offices under the 17, noes 117. Federal Government at that time. Removals by the Mr. Howe's amendment was not adopted. ; hundred and by the thousand had been and were ccntin-

The qnestion was then taken on the passage of the j section, as amended bv Mr. Colfax, and decided affirmative, ayes 89, noes 56. The section excluding foreigneis from being holders, and providing for a bonus for common stockschool purposes was read a third tune ; when Mr. Stevenson moved that the section be laid upon the table; which motion prevailed, ayes SO, noes 53. The section, providing that the security shall be in State stocks, etc., was read a second time; when Mr. Owen moved to strike out. and insert a provision,

that should a general banking law be adopted, the notes ! only power known to the Constitution to aid in bringing pot in circulation shall be registered, and ample securi- to light and to the public eye the charges upon which ty to redeem the same, in specie dollar for dollar; but i each officer had been beheaded. And this step was lor the first twelve years United States or Indiana stocks ' not taken until after many of us, anxious to know what shall alone be taken as security; which was laid upon the files of the different Departments in this city eonfninthe table. Tie section was then laid on the table, ayes ed against our respective constituents, were complacent94. noes 36. ' lv told, "The Executive gives no reason for bis conduct. Mr. Read on Monroe offered a section, providing that ; If you are permitted to see the data upon which we act the trufrt funds, if loaned to a bank, shall have priority ' be it known that it is rather a matter of favor and of of payment over stock, or other debts whatever. grace than of right." Mr. Pepper of Ohio moved an amendment, that the The resolutwn offered by the Senator from Maine charter of the present State Bank shall not be renewed i under these circumstances was eminently proper, and or extended; which was adopted, ayes 66, noes 63. I thft frank, open, and fair dealing of all parties arc in-

lhe question was then taken on Mr. Head's section, as ameiiueu by Mr. fepper ol Ohio, and decided in the j negative, ayes 64. noes 66. Mr. Smiley moved to amend, so that mortgages on real estate shall not be taken as a basis lor bank issues ; laid on the table. Mr. Dunn of Jefferson offered a section providing that no charter shall be grauted to continue in force more than twenty vears. Mr. Holman moved to amend, so that all companies chartered for banking shall be compelled to close up their business in twenty years; which was accepted. Mr. Morrison of Marion moved to amend, so that no privileges, franchise or immunity shall be granted for banking, that may not be repealed; laid on the table, ayes 6S, noes 57. Mr. Dunn's section, as modified hy Mr. Holman, was ordered to be engrossed . Tbe Convention then adjourned. In the afternoon, Mr. Bascom offered an additional section that all bank property, real and personal, shall be taxed, the same as other property ; laid on tbe table. Mr. Bordon offered a section, that no note shall be issued less than $5 ; and after I860 less than $10; and after 1370 the Legislature may prohibit bank notes less than $20; laid on the table, ayes 7, noes 42. Mr. Edmonston offered a section, providing, that in all cases, where banks are established, one half of one percent, shall be paid for tbe benefit of common schools; laid on the table, ayes 68, noes 51. Mr. Shoup moved to amend, that Banks established without Branches shall not te able to prevent the establishment of other Branches; laid on the table. fr. Moore moved that B.tnks shall not issue more than two dollars for one in specie , laid on the table. Mi . Holman moved that before any special or general law for Banking shall take effect, it shall be submitted to the people; laid on the table, aves b, noes 52. Mr. Pettit offered a section, that all the members of the political State of Indiana shall have the same privileges, rights and mmuuities. Mr Dunn of Je if er son moved to lay on the table; not carried ayes 55, noes ,5. Mr. Bracken moved to amend by adding-" beeause one man is as good as another and a Itetle better ." lhe section and amendment wre then relerred to the committee on rights and privileges. The section providing that b 11 Holders shall have a preference of payment, was ordered to be engrossed. The section providing that stockholders shall be individually liable, &c, was read a second time; when Mr. Pettit moved to amend, so that stockholders shall be individually responsible for all debts and liabilities of every kind. Mr. Hamilton moved that the section and amendment be laid upon the table; not carried, ayes 58, noes 75 Mr. Stevenson moved that Mr. Pettit's amendment be laid upon the table; carried, ayes 76, noes 55. Mr. Niles moved to amend, so that stockholders shall be individually responsible over and above tbe.r stock, to an amount equal to tbe respective shares of stock ; which was adopted. lhe section was then ordered to he engrossed. lhe section, that no authority shall be given to the Legislature to permit a suspension of specie payments, was read a seoond time and ordered to be engrossed This Wh the last section in th article, the Con vention adjourned T .. i hursdat, JANCaav lb, 11 1 he Convention w as opened with prayer, by the Rev. Mr. Cressy. The spec.al order was taken up being a section, on ito final passage, ,n relation tn bsjl in criminal casesthe pending piestion being on a motion to recommit with instructions to abolish capital punishment, with ao i amendment to said instructions excepting the crime of wilml and deliberate murder. The amendment to the instructions was not adopted, and the Convention refuseuro recommit ..... . I he secuon which provides that "excessive nail shall ! . . . . , . - . -x --- i t uuca sua 1 1 ii'-i io i in i isri i Cruel and unusual punishment shall not be inflicted . All

.. l Ti l ' - agency There is no such law. Agents appointed to penalties shall b proportioned to the nature of the ol- idiA tribes, where friendly relations" have been estabfence was passed by a vote ol ayes 12$, noes 8. ,ishe1 are r9qair9A to report quarterly as to their ex-

u.t.K i-s.3iio.-ii. , The section providing that the blllholders shall have the preference in case of insolvency, was read a third time and passed. The section providing that stockholders shall be individually respocsihle to the amount of their stock, over and above the amount of their stock, was read a third time ; when .vir. noraen moved to recommit wuh lustructions to strike out and insert, that "all stockholders shall be individual! v.hable for all notes issued or put in circulation ;" which was not adopted, ayes 61, noes 69. The section then passed ayes 95, noes 10. The compromise section, providing for free banks, and n . .... . a state Bank and branches, was read a third time: when Mr. Owen moved to recommit with instructions to add "all securities required under a general banking law, shall be readily convertable." Mr. Pettit moved to amend tbe instructions by adding "all charters shall be responsible by the Legislature;" not adopted, ayes 57, noes 0

" - - -. . . . . , . i ne secuon compelling an nanus to w.na up in twenty years then passed by a vote of ayes 107, noes 8. l ne Convention then adjourned. Remarks of Mr. Bright, Of Indiana, in defence tf Gen. Lane, in the Senate, January 2, 1851. REMOVALS FB0M OFFICE. The Senate then proceeded (o the consideration of the resolution submitted by Mr. Bradbury tbe 24th December. 1S49, in relation to removals from office, upon which the Senator from Indiana (Mr. Bright) was entitled to the floor. Mr. GWIN. I hope the Senator from Indiana will not persist in having the resolution considered to-day. The bill to settle private land claims in California waj a "ee ago made a special order lor this day. I am very desirous that it shall be taken up and acted upon, and I would suggest, as tbis resolution is not of very pressing importance, that the Senator of Indiana will consent tos postponement of it. Mr. CASS I would suggest to the honorable Sena tor from California that we always field to Senators under such circumstances. The honorable Senator from Indiana has had a right to tbe floor for several days, on a vry particular subject, and is now prepared to exEis his sentiments. I hope the Senate will indulge with an opportunity to do se '

in. rI. M n tasen on recommit mg w.tn ine i wer) aced ,here g protection to the" American oil.nstructions of Mr Owen, and deeded in the afErma- , J and started for th ,d mine ; Califor. live, aves ill. noes 51 i A r l tl. ,: ' :j- .u . i lo i - .l. n,- Here again we see displayed that zeal and energy l 2üA ÖS? tbV B&nk el0! UP lu-Ht ! of character which has distinguished and marked Genertimi when th,rd al Lane's course from boyhood to manhood. He sumti! ....... ... ! moned the neoole, under the broad authority of his oC

Mr. GWIN. I will not press rav suggestion. Mr. BRIGHT. I will not claim the uttention of the Senate longer than I deem it absolutely necessary to enable me tc discharge what I consider an imperative public duty. 1 kno the impatience of the Senate to

dispose of tha resolution before them, and I feel that, I under ordinary circumstances, I should owe an apology lor proposing further to extend this already protracted debate. When it was last before the Senate, it will be recollected, that the debate took a direction and led to a series or remarks which deservedly call for a reply liom the Sstaf winch 1 in part represent. My colleague not know that I should have further troubled the Senate on the subject. But the floor having been given to me, I hope neither my colleague nor the Senate will deem it the work of supererogation in me to amplify somewhat beyond the ground he took, and reply to th new points presented by the honorable Senator from North Carolina (Mr. Maugum). Since the introduction d this resolu tion by the honorable Senator from Maine, (Mr. Bradbury) an entire different state of things exists than existed at the date of its introduction. The administration of this Government was then in hands of those chosen bv the people at the ballot-box, and chosen with referued to be made, under circumstances, in view ol the rule

in the ' winch the cliiel otneer hail laia uown lor his own government, which carried with them in each case the sup-

position of guilt. How natural it was to suppose that each officer forming a part of this long train of officials, should, as he passed on to the block, inquire of himself, of friends and of bystanders, "In what have I offended? wherein have I sinned f who is my accuser? what is the proof that sustained them?" How natural, in this state of facts, that the honorable Senator from Maine, and all who sympathize with him politically, should invoke the debted to him not onlv for this resolution, but still more for tn. zea) and abilitv with which he has prosecuted his object. But, sir, there has been a change of circumstances. A series of events have occurred in the history of the Government that no human agency could control, since the introduction of this resolution, which strips it of much of its original importance. Yet, sir, it ought to be considered and acted upon. Those answerable for j this national breach of faith have passed from power. -ot one oi inai uign court oi impeacnmeni, wnicn sat in eoret and acted upon ex parte testimony, and testimony of the most interested character, remains in power to receive cither the voice of approval or condemnation at the hand of their countrymen. True, tbe honorable Senator from Ohio is spared to us in another sphere yet a little while; and soiry, truly sorrv, am I that he is willing to employ any part of his acknowldeged talents to the justification of such a policv as was pursued hy i that ill-fated Administration, of which he was so distin guished a member. No one knows better than that Senator that removals and appointments were made throughout this Union, and in every State, on the sole ground that the incumbent was a Democrat, and the appointee a Whig. If the removals and appointments thus made had been put upon this ground, I do not be lieve there is a decapitated officer, or friend that he may possess, mat wouia nave uttered tne voice oi complaint. We should point to broken pledges and violated fnith to a confiding people, and warn our countrymen against a repetition of such scenes, on the ground of their demoralizing tendency; but we should not h. ve complained of the blow that severed the Democrats from positions under an administration of opposite politics. But, when officers have been removed under circumstances that seem to require explanation at the hands of those who were actors in the work, and when the monstrous de fence is set up that our friends were dishonest, unfaith--Tu 1 ml i nnirinofnnt t c r A tr it rlnmn iwi 1 f . r m m a o wA , . .m c0.,t ' i, iL . .;,.., itrioken down. My friend from Iowa, (Mi. Dodge) in mv absence, in j the coarse of this debate, (and I thank him "for his manlv defence of Gen. Lano and Col. Weiler) said that the cases of these gentlemen were cases of peculiar hard i. .Yi,i th. lontinn nfik. aAn.t. r .v.country to the fact that no man had ever charged them with the omission or commission of any official act bringing them within the pretended rule of the administration and that these were cases of naked proscript'on. To this the Senator from Ohio replied that the Senator from Iowa was mistaken. But it is perhaps prcper that I should quote the Senator's own language. In the course of the debate upon this subject, on the 12th ult., the Se nator from Ohio said ''The Sonatsr also refers to two cases of removals, Gen. Lane, Governor of Oregon, and Col. Weiler, of the boundary commission, and speaks of these as cases t v uuavu i v"v s ipvi 'ii . s vi! ii v i s naoi mi, . . - w ol naked proscription. In this io..sit tt i . . 1 1 In this Ik A c narirrant A tr , Qoveraor Lane, no report was made bv him to the Dotment for a ve lon lim afleT'his appointment, Great complaints ere made against him from the Ter. ritorv of Oregon, and from more authentic and reliable ; which lUÄ Executive ought to respect. There wtre lherefore, reasons for his removal, as well official ; fts politics) . , . Asvw, sir, as the Senator from Ohio was at the time of Gen. Lane's removal at the head of that department ; of tne Government which had supervisionof Gen Lane's f duet as Gov. of Oregon and ex officio Superintendent of IlMiian Affairs, and as it was tbe duty of the honhon0rabe Senator to guard and protect the public interest, aa connected with our Territories, I ask him to speoifv anv ono aot of Gen jn . in either of the ca pacitie$ , bave named violative of the law. or any omission on his part to xeeQle the laws and generally to perform j his juty End his whole dlUy He hsad failed to make a report, says the honorable Senator. What of that, sir? vi., .i.. f-:i i And i u u in iiiui laiiuic; aiiu a. ii am . i anv , iui w iuc tun savs requiring a report every three months m an unorganized I here is no such law. Agents appointed to penuitures, out uen. bane naa noining toexpena, ana therefore he had nothing to report. Gen. Lane was vested with enlarged discretionary powers. By the in- - - ...i.:.i. i.A A.i in rtntnwv lfi.iu - - m ,i.ö.. 3UUVIM'I1S . Ill' ii' i'v' I,' ii II. ' ii.,.' i . i .iii'i int. were the onlv instructions he received from the date of his appointment to the day of his dismissal he was directed to organize the Territory- It was a broad and comnrehensive order. As applicable to such an area of i r - .... . wild country as Oregon, with such diversity of interests, it was a broad and indefinite authority; and I doabt if the Senator from Ohio, with all his astuteness and pewj ers of interpretation, could set legal limits to it. This aa thoritv, as mv colleague has well said, required Generi al Lane to cause an enumeration of all the white inhabitants there, and he bed to do this without any funds of the Government in hand tfl aid him. For that purpose . he used his own means, and snch money as he could borrow from the citizens, as I am informed. Again, sir: The legislative and judicial departments , were to be organized. Pending Governor Lane's ceasei less efforts to bring order out of chaos, seventy out of i .u i l i : . : r rv. u i me in uuiiureii men in (.auuii at vievuu viiy, who - nllrtylPa at the head of the rosi. and at the d,atanc- ' of one hundred miles captured and brought back to their quarters this recreant branch of the army. But I need not enlarge further On these points. All who know anything of the geographical position of that i Territory and its condition, can appreciate tbe difncob : ties and embarrassments that surround any officer situated as General Lane was. Bnt, suppose General Lane had made a report, which the honorable Senator says it ; was bis duty to have done, of what service would such I a report have been to the Government There was no mail service from Oregon City during General I Lane's administration. But two mails reached Oregon City from tbe States, and they were brought from Astoj ria, a distance of one hundred and fifty miles, of which j cost of transportation was paid oat of the pocket of Judge Bryant, one of tbe terntonsl jndfjes, and Uover ' nor Lane iJUf neither ot tnese mans contained a line of instructions from the Administration. Here, then. we find General Lane, three thousand miles from the eat of power, without funds, without instructions, without mails, as it were, acting as Governor, Indian agent, Commander of our army. Marshal in short, doing a little of everything ; and it waa well done. 1 l:e repre sentatives of the p?ople knew how it was done, as I will presently show by certain resolution that were adopted unanimously by tbe Territorial Legislature. And yet. when it becomes necessary to offer an apology , and to fur tush aa exguse for the dismissal of such an officer front

the public service, we are told that ''great complaint was made against him from the Territory, and from the most authentic- and reliable sources, which the Executive ought to respect." Therefore, there were reasons for his removal, 'as well official as political." Now, if there were official reasons existing justifying the removal of General Lane, who would probably, yes, certainly, know what those reasons were The people of Oregon. To prove that there were no reasons, I shall ask the Secretary of the Senate to read a preamble and resolutions pas-ed by the Legislative Assembly sf the Territory, alter General Lane had been stripped ol authority and become a private citizen again. They were passed, sir, when General Lane was absent from the place of their silling, when no other influence could have operated than the promptings o honest hearts, in a spirit of gratitude toward one who came among them a stranger, and by his faithful and exemplary course had proved himself worthy of the high reputation he had brought with him, and which he has ever enjoyed among those who have known him from boyhood to manhood But, as the action of the people then, as expressed through these resolutions, need no embellishing at my hands, let them be read. The Secretary read the following resolutions; Be it resolved by the Leeitlati e Jlstimbly of the

Territory of Oregon, That tbe course of Gen. Joseph Lane, as Superintendent of Indian Affairs, meets with ' our fullest approbation, and that his ex'raordinarv ener gy in that department merits tha thanks of the people of Oregon. Th.it the just policy, coupled with the great firmness he has exercised toward the numerous Indian tribes within the Territory, have secured the mot peaceful relations with them, aud that few could have accomplished so successfully what his Limine-., integrity, and firmness have done to secure the bonds of a lasting peace with the tribes surrounding us. Resolved, That in the discharge of his executive duties as Governor of Oregon, he has uniformly acted with a view to the best interests of the whole people, and thai his demeanor in office has afforded no ground of just complaint, but on the contrary has been such as lo meet the best expectations and warmest wishes of tho people. Resolved, i hat they regret sincerely that the Irani dent of the United States nas deprived the Territory of! Ä ... V .. I viregon oi tne luture services oi one so eminently useiui. and whose usefulness was enhanced by the unbounded confidence of the people over whom he was placed. Resolved, That the conduct of General Lane in his private life has been such as to secure the warmest friendship ol the people, and the purity of his private relations has not been less than his energy has been great in the discharge of his official duties. A. L. LOVEJOY, Speaker. SAM. PARKER, President. Passed ISth May, 1350. Mr. BRIGHT. Now. I ask who made complaiuts against General Lane, wnat those complaints were, and to whom were they directed? I feel that I have a right to ask this question here, for I have inquired at the proper Department, and the pre sent incumbent can give me no information on the sub ject. In order that there may lie no mistake on this W J point, and that it mav go to the country that there is no record evidence against the conduct of General Lane as Territorial Governor of Oregon, but that it rests upon tho statement of t . Senator from Ohio alone. I will read a letter which I have in my possession, first premising that at the time General Lane was Governor of Oregon tbe duties of Governors of Territories, Indian agents, and similar officers, were under the supervision of the Department of the Interior. There had been somewhat of a conflict between that Department and the Department of State as to which was entitled to the jurisdiction of those officers. I understand that latterIt it hiQ kann eat 1 1...I i n fa rnr nl ihn Tic na rt m..n t nf Sf to and therefore, that became the proper place to which i should apply for information. I applied first to the De partment of the Interior and was told that there was. nothing there against General Lane , and that if there was anything it would be found at the Department of State. I will now read tbe replv of the Secretary of State to a communication which f addressed to him: Department or State. Washington, December. 2S, 1850. Sir: In reply to your note of this mori.nig. I have the honor to state that I have caused an examination to be made of the proper files of this Department , and that no complaints or charges have been found therein 'agairst General Joseph Lane, late Governor of the Territory of Oregon, an-i ei officio Superintendent of Indian Affairs. I am. sir, rcsjicctfully, Your obedient servant, DAN'L WEBSTER Hon. Jesse D. Blight, U S. S uate. I say, then, Mr. President, that so far as the records of the country are concerned, there is nothing en the file in the proper Department against General Lane, and it is as ray friend from Iowa properly characterized it, an aci oi sneer, nasea proscription: it is tue uewmg uown of a public man, who had rendered important services to bis country, lor no other cause, lor no other reason ; than that he was a faithful adherent to democratic principles. Now, sir, in the absence of ail direct information from the proper Department, I will ask any gentleman here, if any on this floor know any other cause lor General Lane's j removal to state it to the Senate. No answer being given, permit me to state what I believe to be true in this connection respecting the basis of the alleged complaints against General Lane. Anonymous letters to ono of the New York papers, I mean the Tribune, were written, as 1 learn on good authority, by a personal enemy of General Lane, made so, I believe, because General Lane would not quietly submit to seeing this letter writer hold the ornce ol assistant Indian agent , draw ihe emoluments, and do no work. Being a man of labor himself, he required all around him to follow his ex ample. This man is a Mr. Thornton, an itinerant tem- i perance lecturer, who, from his history when last in this city, taught upon the principle of "ao as I say ami j not as I do." He is the man, and the only man, as I have ever heard, that ever uttered a complaint against General Lane's conduct while in the discharge of his various ottic-tal duties in Urcgon. And his letters, sir, are tbe "authentic" and ''reliable" information referred to hy the honorable Senator from Ohio, then Secretary of the Interior. Those letters, embellished with the opinions and comments of one Horace Greelv. whose name is a by-word and reproach throughout this country wherever bis paper and the opinions be promulgates through it are Known, were l ie rename and "authentic" information on which General Lano was removed. Let these facts co to the country with the resolutions of the Legislature of Oregon, and I will lie content, as one of the friends of General Lane ; and I am quite sure he will be content, with the verdict public opinion will award. Sir, there is not a man in this Chamber, there is not a man ol sense in the tinted States, who knows the facts of this case, that does not believe the removal of General Lane was, as the honorable Senator from Iowa properly characterized it, "a case of naked pro scriptum." It was the cutting down under the most unwarrantable circumstances, of an honest, upright, i unified officer, merely because he was a democrat. Or was there s personal, unkind feeling existing towards General Lane oi. the part of those who held the appointing power? I am unwilling, sir, to believe that the fate Executive of the United States would carry his private griefs into the Executive mansion. I choose rather to believe that, like his illustrious predecessor, he left them all outside. This is the liberal and American view of this question. One of the great and leading attributes of a brave and gallant man is magnanimity of soul, when he has the will and power to show all around him that he can forgive and forget; and hence I say that while the late Executive of the United States may have felt that he had reason to oomplain of the public and unreserved manner in which General Lane spoke of his report of the battle of Buena Vista, at least so much of it as related to bis command and I have no doubt bis remarks were magnified and perverted to the ear of the President 1 will not bring my sei I to believe that, in a spirit of personal resentment, the Executive aimed a blow at General Lane. I choose rather to believe that when General Taylor made the repeated promises that he would not make removals for opinion's sake he meant to fulfil them. But when he made those pledges little did he know of the "outside pressure," asit is called, in and about Washington eity. Little did he know of the number of needy, hungry expectants that would board the vessel at New Orleans that wee to bting him from Baton Rouge ; that would pour on board at every town and every wood pile between tho place of embarkation and the head of navigation on the Monongahela: that would follow him here by coaches and railroad, ana meet him from every State in this Union. I say little did he expect such s state of things as we all know existed then, had existed before, and will ever exist so long as parties remain organized as they then were. Notwithstanding the committals made in the letters to whioh I have referred, where is there a political teacher who took . he field in liehalf of General Taylor and advocated the doctrine of "no proscription for opinion's sake," that will not tell you, if he be a frank and candid man, that he did not behove the sequel would prove just what has taken place an indiscriminate removal ot democrats throughout the length and breadth of the land? Some- the more elevated and moderate may tell vu, "We had not supposed the slaughter would have been anything like as general as it has been, we had not supposed old and young, male and female, would have been stricken down - that at least the quiet interior cross-road postmaster and postmistress, ana tbe daily laboring employees in the arsenals, dock-yards, custom-houses, and in the public grounds of the Capitol would have been spared." But there is no such partisan as I have described that will not say that ne believed, before the election, what has taken place in reference to removals and appointments would take plaoe, aad that be justifies Uteooarse par sued.

Recollect, Mr. President, I am not complaining of tbe removal of mv political friends, when that removal is

made under the regular rules and artiel. s of politi- ; cal warfare. I complain of the pledges made to obtain j the votes of the honest yeomanry of this country, aud when their votes are obtained and tbe party is in power, that every pledge is violated, and all the evils of bitter I party recrimination and reta.iation are again brought ; into action. There is a moral involved in the history of ! the campaign of 1348 and the incidents which followed it, which is well worthy of the consideration of all good men of all parties. These pledges and this violation of ! them was a part and parcel of a system that has brought this country to the verge of ruin. The late crisis through which tbe oountry has just parsed had its origin in an unscrupulous effort on the part of tlic whig party to obtain power. The north I and west yes, the abused north and west were visited i by southern statesmen, anil told in the most inspiring and I eloquent language that they eschewed and abbored the one-man power; that the wUl of the people should be the i supreme law of the land; that if a majority of Congress i passed an inhibitory statute on the subject of slavery as , applicable to our newly aquired Territories, they had j no doubt of its constitutionality, and that one of the j candidates, though a southern man, would not hesitate to approve such an enact men: And yet when the peri od for action arrives, when these questions have to be settled, these faithless teachers, or those who represent them, rise up here and declare such legislation, such political heresy, if attempted to be enforced, is ipso facto a dissolution of this glorious Union. But how can the honest yeomanry of this country, in the free States, lie censured under such a state of things for the tenacity with which the more honest of them have adhered to their opinions on this subject! I have referred to this topic and made this digression, merely and solely to warn the great party to which I lielong from again being misled by the syren song of -'no party." or being seduced into the support of any candidate for the first office on earth, who has not by word, thought, and deed proved himself a faithful disciple of the immortal Jcffeisou and Jackson; and t warn them against ever taking the promise of a political adversary in consideration oi their votes. All experience proves that our country and her liest interests suffer bv infideli . . . I ty to aemocraiic principles. Here. Mr. President permit me to say a few words respecting the individual first appointed in the place of I General Lane. He was my own townsman. He was politically opposed to me, but he was a gentleman, a i man of acknowledged talent, a man of a high sense of i honor. He was no applicant for the place, and was as ! much astonished to hear that it was off-red to him under General Taylor's administration as General Lane was to hear that it sJm offered to him under the administration of his predecessor. I have no doubt the honorable Secretary of the Interior believed at that time that the removal of General Lino would strike the public ear most ungratefully, and that public opinion would not sanction it, particularly in the State of which he was a citizen. I suppose he considered that the weight of the blow was to be lessened somewhat by selecting in his stead the acknowledged leader of the whig party in that State a , . . . 1 1 . 1 1 1 1 I 1.1 -I II man who nnu aiways uaren in? arm ana taKcn tne nein whenever whig interests were at stake. But being a mau of sagacity and a man of shrewdness, he very properly declined it, but he did not decline it until lie came to this city. I will venture to anticipate in part what he said, and if I misrepresent him the honorable Senator from Ohie will correct me. I think he represented the removal of General Lane as one of the unfortunate acts of the Administration, and that while the whig party had been struggling for ascendency in Indiana, with some hope of success, this blow dashed away all hope. Hence he very modestly declined accepting the office. But when was this removal made? It was made on the 8th of A'lgnst , a few days after our annual elections were over. And here 1 must give mv honorable friend from Connecticut Mr. Smith a passing notice. He thought those elections of so much consequence that he addressed a written circular to the leading men of his party in that State, informing them that their prospect of appointment to office dopended grcatlv on the number of wbigs they elected to the House of Representatives. He told them that while General Taylor was verv friendly disposed towards all good men of his party," he could not furnish them all with places, and that the amount of patronage they received must depend upon the number of whig members they elected to Congress at that election. I believe they returned but one. The removal of General Lane was postponed until that election was over ; and I will only suppose the cireumstences, I think, warrant the supposition that that postponement was made to prevent any prejudice to the cause o;' the Administration in that State; for, had it been known at the time of that election that General Lane had been removed, under the circumstances under which that removal took place. I hazard nothing in saving that the cause of lhe Administration would have been greatly weakened. Having now disposed of so much of the remarks of the honorable Senator from Ohio, as relates to the re moval of General Lane, and having shown, I think, that 'here is really no data, no evidence upon which to base the broad remark that he made, I conclude what I have to say in relation to General Lane's conduct in Oregon. Now. sir, I pass to what was said by the honorable Senator from North Carolina, Mr. Mangum That honorable Senator, not satisfied himseif, as I suppose, with the reasons given by the Senator from Ohio tir the course pursued by the late Administration towards General Lane, goes further, and assigns another and different reason, which, he says, if his information be true, was sufficient to authorize the removal of General Lane. I will read an extract from tho semarks of the Senator from North Carolina, delivered in this chamber on the 18th ultimo: "He has been called the 'Marion' of the Mexican war. If he deserves that reputation, as I hope he does, it re j fleets a degree of honor upon his native State. In refer ence to his removal from office, I would say that, according to my construction of Executive duty and Executive self-respect, there was no alternative left with the President of the United States but to remove him. Sir. if you were the President of the United States, or if I were the President, neither of us, I am very sure, would hesitate to turn out from a position so highly honorable and responsible any individual who acted äs I understand General Lane 'o have acted. It will be remembered that as far back as the battle of Bnena Vista there were complaints made of some of the troops in the field. It : seems to have been understood or inferred that Gencra' Taylor co-operated with those who expressed an opinion detrimental to the reputation of some of ray recouecnon oi uns iransacnon is those this, and I mav stand corrected bv anv gentleman who i snows the facts better: that after the appointment of General Lane as Governor of Oregon for which position a11 "j qualifications may have fitted him, he made a I pnouenuon in an eminent degree vituperative ot tne late President ot the United States. My opinion is. that that publication went to the extent of impeaching the reputation of General Taylor as a private gentleman. "Sir, I suppose that il any man, living or dead, in this country, was above all imputations ipon his personal honor or affecting his veracity, General Taylor bad that character as high as any man ever known in this country, the F'ather of his Country alone excepted. If that impeachment of his veracity was made, it was such a reflection upon his personal honor, and if he should have retained in an office so high, dignified ana responsible as the one held by General Lane, any individual that attempted to inflict such an injur' upon him, he would have lost the respect of many of the best friends he had in the country. ''As to the report, I know nothing about it. Asto General Lane's merits, I am proud to think them very high. I would not remove a pebble from the foundation on which he stands, so as 14 weaken his position before the public. But men of that peculiar temperament, who can distinguish themselves on the field of battle, may indnlge in remarks that are highly reprehensible, and of which they would be ashamed in their cooIt moments. I put tbis matter upon this ground: if, in anv publication of his, General Lane went to the extent of impeaching the honor of General Taylor as a private gentleman, upon the score of his veracity, then the President owed it to himself , owed it to his position , owed it to his friends, owed it to a proper degree of self-respect, to dispense with the services of that officer." In reply to the honorable Senator from North Carolina, I stated what I now repeat, after due inquiry as to the facts, that General Lane made no publication against the integrity or veracity of the distingnshed and gallant officer in command of the American troops at the battle of Bnena Vista. After General Lane's return home, and pending the presidential canvass, he made several Eublic addresses, some of which I had the pleasure of earing, to his fellow citizens, intended mainly as a defence of himself and his compeers in arms from his own State. He never, to my knowledge, made a publication against General Taylor. He did not in his public addresses impeach the veracity of that officer. Sir, I might say, in all truth, that, to the best of my recollection, he spoke in the rn st respectful manner of his general conduct as an officer and a man. There is one thing wherein he did complain of that officer, and that complaint was general among my constituency, and is vet a cause of complaint with many. After General Taylor had made report of the battle of Buena Vista to die Secretary of War, no mention being made of the reasons which prompted the retreat of the second regiment of Indiana volunteers, General Lane called upon the commanding General and asked a correction ef his report in one particular. He informed General Taylor that, notwithstanding his men had stood a fire of twenty rounds j notwithstanding they had thirty-five shet down in their ranks, and as many more wounded , and many of them mortally, still they did not flinch or yield their ground until ordered to do so by the commanding officer. Every person. I think, who knew the position of that regiment, will say that the order ought to have been given long before it appears to have been ; but when given, the men were bound by all rales of military diseipline to obey .

Though not skilled myself in the art ef war, and having no personal experience in the held , all my reading teaches me, all history proves, that veterans and regulars will go out of action in perfect order, and return again to tbe charge not apparently dispirited by retreat, while volunteers, equally as brave, often lecome panicstiieken, and retire in utter confusion, and generally ail effort to rally them proves fruitless. Let it be borne in ni mi that the second Indiana regiment had the pott of danger assigned them, as toe result proves, from tbe number of witnesses left on the ground, which, as the honorable Senator from Mississippi on one ocasiou said, "never lis." This regiment was stationed in advance of any other, facing a heavy battery, and in position to be raked obliquely from the musketeers oi the enemy. Many of them were on the field for the first time; they were mostly young men; and yet they stood, facing fearful odds as to numbers ; exposed to a front and a raking side fire, without faltering, but advancing, nulil they had discharged twenty rounds, and lost thirty-five killed and as many wounded. Sir. there was not a cow

ard heart beat in the breast of one of those men Overcome by the brnte force of numliers, unsupported at the time by other regiments, they still fought on, until ordered to retreat, aud the order giveu once, twice, yea. thrice, as the testimony before the court of inquiry proves, before the regiment gave way. Had they retreated in order, instead of confusion, they would have received, as I contend they now merit, honor, for having done their duty as valiantly as nv men on that batt'efield. As to the conduct of General Lane on that occasion, I am conteut to read the opinion of those who witnessed it. and those whose duty it was to make it a part M the history of the battles, 'i will only refer to the reports of General Taylor ami General Wool, and point to the evidence be bears on his person. No man, I believe, has ever brcstbed a suspicion against his courage and bravery, even te daring. In relation to the conduct of the second Indiana regiment, I will read from the official report of General Tsylor, dated "Headquarters. Nueva, March 6th, J? 17 Arniy of Occupation, Agua "The second Indiana a;.d second Illinois regiments formed this part of our liue, the former covering three pieces of light artillery, under the command of Captaiu O'Brien Brigadier General Lane being in the immediate command. In order to bring his men within efleo. tive range, General Lane ordered the artillery and the second Indiana regiment forward. The artillery advanced within musket range of a heavy body of Mexican infantry, and was served against it with great effect, but without being able to check its advance. The infantry ordered to its support had fallen back in disorder, being exposed as well as the battery, not only to a severe fire of small arms from the front, bot also to a murderous cross-firo of grape and canister from a Mexican battery on the left. Captain O'Brien found it impassible to retain his position without support, but was only able to withdraw two nf his pieces, all the horses and cannoniers of the third piece being killed or disabled. The second Indiana regiment, which had fallen back as stated, could not b? rallied, and took no further part in the action, except a handfull of men, who, under th gallant Colonel Bowleg, joined the Mississippi regiment, and did good service, and those fugitives who, at a late period in the day, assisted in defending the train and depot at Buena Vista." I will now read a part of the report of General Lane himself: "Themen under my command actually discharged eighty and some ninety rounds of cartridges at the enemy during the day. The second regiment of my command, which opened the battle on the plain in snch gallant style, deserves a passing remark. 1 shall attempt to make no apology for their retreat, for it was their dnty to stand or die to the lst man, unlil they received orders to retire ; but I desire to call your attention to one fact connected with this affair. They rc.iaiued in their position in line, receiving the fire of three or four thousand infantry in front, exposed at the same time on the left flank to a most desperate racing fire from tbe enemy's battery, posted within point blank shot, until they had deliberately discharged twenty rounds of cartridges at the enemy." 1 will call the attention of the Senate to an extract from tbe report of Captain O'Brien, to show the posU tion in which the Indiana regiment was placed. He say; "On tho morning of the 22d instant I was placed oa the elevated plain which afterwards became the battle ground, in command of three pieces of light artillery, viz: one twelve-pounder , one six-pounder gun, and one four pounder Mexican gun. No opportunity was offered for the use of these pieces until the morning of the 23d instant, when I pushed the howitzer close to the mountain and fired a few shells at a body of Mexicans that were advancing along its slope, in order to get possession of the head of the ravine near which our troops were then posted. Finding tbe elevation distance so great as to cause some of my shots to 1 wasted, I discontinued the fire and moved my battery to the position assigned it in line. During this time a battery of heavy Mexican artillery was plavingngainst rac,at such adis tance that it was impossible for me to attempt to return its fire. Soon after this I was directed by Brigadier General Lane to move my battery forward in order to check the advance of some lancers, who were reported to be coming up the ravine nearest the enemy's line. Tbe second regiment of Indiana volunteers were ordered to support me. "On arriving at the point indicated, I found myself ia musket range of about three hundred Mexican infantry, while then battery . thre hundred yards on my left, was pouring in heavy discharges of grape and canister. I opened the fire against tbe infantry and lancers with tremenduous effect. Every shot, whether canister or shell. seemed to tell. The enemy wavered and fell back. I advanced on him about fifty yards. He was strongly reinforced, until, in fact, I found his main body pressing on me. Tbe pieces were admirably served, but failed any longer to check bis advance. Every gap in the Mexican ranks was closed as soon as made. On looking round at this moment, I discovered that the tremendous crossfire of the enemy had forced the regiment ordered to my support to fall back. Deeming it useless to romain alone, and sacrifice my pieces needlessly, I waited till the enemy came still closer, and gave the order to limber np and retire. I found that all the horses and all the cannoniers of the Mexican four-pounder were either killed or disabled. The other pieces were in but little better condition. I succeeded, however, in withdrawing them, and retired to our line. On arriving there, I had not a cannonier to work the cuns all had been disabled or killed. Finding it impossible to replace them, either from the other batteries or from any other source, I was compelled to join your battery, which was guarding the pass at the foot of the heights." Now, sir. it must be remembered that at tbe time General Taylor made his report, and at the time Gener al Lane made his, it was not known that an order to retreat had been given to the second Indiana regiment. The impression prevailed that these men had brokea ground without any order from any officer in command. General Lane, for the purpose of setting himself and his command right before the country, preferred charges against Col. W. Bowles, of the second Indiana volunteers. and a court of inquiry was called, at Colonel Bowles's request, to investigate his conduct in the battle of 23d of Feb ruarv . 1847, between the forces of General Taylor and General Santa Anna, in Mexico. That court whs ordered on the 12th cf April, 1847, and it was oomposed of Colonel Bissell, of the second Illinois volunteers ; Colonel Wetherford, of the first Illinois volunteers, and Lieutenant Colonel McCook, third Ohio volunteers: and second Lieutenant Franklin, of the Topographical Engineers, was appointed Judge Advocate Bv that court of inquiry much testimony was taken. I will read au extract from the testimony of Lieutenant Colonel Hnddon, of tbe second Iadiana volunteers, to show that the order to "cease firing and retreat" was given: ' The regiment had stood firing upon the enemy twenty or thirty minutes, I should think, when I made a tarn near tbe centre of tbe regiment to go for the right, aad, while riding to the right, I heard a command given to 'cease firing,' which I judged tobe 'Vom Colonel Bowles, least my eye towards Colonel Bowles, (he was about ran vsksA fertm mA an) haiirrl lit in mta tils AsMMM l TU ai r; iiuin mc f nu uvbiu aeaaaa v v "m t 'cease firing.-' again, while I was looking at him, and immediately afterwards, tbe command to 'retreat.'" Without reading all the charges and specifications, I will read an extract from the opinion of the court thereon, after heariug the testimony "The Court, after diligently and faithfully inquiring into tbe matter, report, from the evidence given, the fof. lowing as the facts of the case, and their opinion thereon : "Statement or Facts. In reference to the first charge, it appears from the evidence that Colonel Bowles was ignorant of tbe company, battalion and brigade drills. And that the manoeuvre of the evening of the 22d Fcbnary, indicated in the third specification of that charge, was indicative of ignorance of tbe battalion drill. "?n relation to the second charge, it appears from the evidence before the court that Colonel Bowles gave the order 'cease firing, and retreat that General Lane was present, and that he had no aurthority from General Lane to give such order. "It also appears that Colonel Bowles retreated after having given such command, but that he did not shamefully run away from the enemy, nor did he hide himself in any ravine from the enemv,or nom his raiment. "It appears, too, that Colonel Bowles dismounted from his horse in rear of his regiment , but there is no evidence to show that he did so to protect himself from the enemy. Colonel Bowles gave the order with the intention of making the regiment leave its position, but the court does not find that he had been ordered particularly to maintain and defend it. "Ömkioj. With reference to the first charge the court is of opinion that Colonel Bowles is ignorant of the duties of colonel, but would remark that ill health, and absence on account of ill health , bave in same degree Continued 9 the mud Page