1st Session.

No. 11.

PAPERS

IN RELATION TO

The acceptance by the Hon. James H. Lane, of Kansas, of an appointment as a brigadier general of volunteers.

AUGUST 5, 1861.-Ordered to be printed.

WASHINGTON CITY, July 28, 1861.

SIR: When the Kansas brigade is organized, as contemplated by the letter from the Secretary of War, directed to me, of date 20th June, and when I shall have ascertained that my services are desired by the officers and men of that brigade, then I will communicate with your department on the subject of your note of July 26. It affords me pleasure to inform you that the brigade is filling up rapidly, and will, I hope, be ready to take the field by the 10th of August.

I speak the desire of the Kansas congressional delegation when I request your department to postpone the appointment of brigadier general for the Kansas brigade until their wishes as to their leader be ascertained and communicated.

SIR: I am directed by the Secretary of War to remind you that, though appointed a brigadier general of volunteers by the President on or about the 20th of June last, you have never yet signified your acceptance or non-acceptance of the appointment, as required to do

in the letter notifying you of its having been conferred, and to add that, under the circumstances, you cannot be nominated to the Senate. I am, very respectfully, your obedient servant,

Hon. JAMES H. LANE,

United States Senate.

L. THOMAS, Adjutant General.

[Telegram.]

WASHINGTON, July 19, 1861.

Send me by return mail the paper about brigadier general.

J. H. LANE.

General WILLIAM WEIR,
Leavenworth, Kansas.

This despatch sent this day.

JOHN W. LUGENBEEL,

American Telegraph Company.

JULY 19, 1861.

RESOLUTIONS

OF

THE LEGISLATURE OF MASSACHUSETTS,

CONCERNING

The recognition of the independence of the republic of Hayti.

AUGUST 6, 1861.-Ordered to lie on the table and be printed.

COMMONWEALTH OF MASSACHUSETTS.

IN THE YEAR ONE THOUSAND EIGHT HUNDRED AND SIXTY-ONE.

RESOLVES concerning the recognition of the independence of the republic of Hayti.

Resolved, That our senators in Congress be instructed, and our representatives be requested, to exert their influence to secure the recognition of the independence of the republic of Hayti by the government of the United States.

Resolved, That his excellency the governor be requested to transmit a copy of these resolves to each of our senators and representatives in Congress.

The Committee on the Judiciary, to whom were referred the credentials and the memorial of Frederic P. Stanton, of the State of Kansas, asking admission to a seat in this body in place of the Hon. James H. Lane, now holding said seat, having had the same under consideration, report:

That the contestant and sitting member have appeared before them and submitted, severally, their statements and made their exhibits. The committee find the following facts: That the sitting member, the Hon. James H. Lane, was, by the Executive, appointed a brigadier general in the volunteer forces of the United States on the 20th of June, 1861; that he accepted said appointment, and was legally qualified to perform its duties.

In the opinion of the committee the office of brigadier general under the United States is incompatible with that of member of either house of Congress. By accepting the office of brigadier general, the sitting member, Mr. Lane, virtually resigned his seat in the Senate, and it became vacant at that time.

On the 8th day of July, 1861, the governor of Kansas gave to the contestant, Mr. Stanton, a commission in due form appointing him a senator of the United States from the State of Kansas to fill the aforesaid vacancy, and by virtue of that commission Mr. Stanton now claims his seat.

Your committee recommend the adoption of the following resolutions:

1. Resolved, That James H. Lane is not entitled to a seat in this body.

2. Resolved, That Frederic P. Stanton is entitled to a seat in this body.

The evidence from which your committee find the facts herein set forth is, substantially, the following:

WAR DEPARTMENT, July 15, 1861.

SIR: In reply to your inquiry in regard to the appointment of the Hon. James H. Lane as brigadier general, I herewith transmit you documents upon the case: