the same size, plans and character, erected by the government itself at Detroit and New Haven.

Both these buildings were erected by the government by the day. They are built of stone less costly than that used at Buffalo and Os wego, and are in no respect better constructed, and in some particulars not so well done.

The buildings at Detroit and Buffalo are of the same size. The former cost the government $190,020 61. Add to this sum to make the cases parallel a contractor's profit of 25 per cent., and the cost, as contractors would estimate it, would be $237,525 76.

Now take the sums already paid to the Lathams on the Buffalo building and add thereto what the committee propose to give them, (excepting for damage for delay and the amount of the small extras) and they amount to $170, 167 64. This is $67,358 12 less than the cost of the Detroit building.

The buildings at New Haven and Oswego are of the same size. The former cost the government (adding a contractor's profit as above) $176,105 42. Now take the sums already paid to the Lathams on the Oswego building, and add thereto what the committee now propose to give them, (excepting the amount of the small extras,) and they amount to $118,794 40. This is $57,311 02 less than the cost of the New Haven building.

This is a mode of testing the prices of the claimants of which the government has no reason to complain.

The result of this comparison of these buildings has strongly tended to convince your committee that the sums now proposed to be paid to these claimants are below rather than above what the facts would warrant.

Your committee are satisfied that the erection of these buildings has utterly ruined these contractors, and drawn largely upon the financial resources of their creditors. Besides exhausting all their own property, they now owe nearly sixty thousand dollars on account of these buildings.

They have expended several thousand dollars in prosecuting their case in the Court of Claims. Their situation is one of extreme hardship and commends itself to the most favorable consideration of Congress. They have been kept out of their just dues for nearly six years, and they ought now to be promptly and cheerfully paid.

There remains unexpended, of appropriations heretofore made for the erection of the buildings at Buffalo and Oswego, sums rather exceeding the amount which your committee propose to pay the claimIt is, therefore, proper that the present award should be paid out of these unexpended appropriations.

ants.

Your committee, therefore, have instructed their chairman to report an amendment to the bill of the Court of Claims, directing the Secretary of the Treasury to pay the claimants the sum of $100,208 59 out of these unexpended appropriations, in full discharge of moneys due them for the erection of these custom-houses.

37TH CONGRESS, HOUSE OF REPRESENTATIVES. 2d Session.

EMANCIPATION AND COLONIZATION.

[To accompany bill H. R. No. 576.]

JULY 16, 1862.-Ordered to be printed.

Mr. ALBERT S. WHITE, from the select committee on emancipation, made the following

REPORT.

The select committee appointed in pursuance of the resolution of April 7, 1862, to wit:

"Resolved, That a select committee, to consist of nine members, be appointed to inquire and report to this House, at as early a day as practicable, whether any plan can be proposed and recommended for the gradual emancipation of all the African slaves, and the extinction of slavery in the States of Delaware, Maryland, Virginia, Kentucky, Tennessee, and Missouri, by the people or local authorities thereof, and whether such an object is expedient and desirable; and further, that they inquire and report whether colonization of such emancipated slaves on this continent or elsewhere is a necessary concomitant of their freedom, and how, and in what manner, provision may be made therefor; and that they further inquire and report how far, and in what way, the government of the United States can and ought equitably to aid in facilitating either of the above objects; and that the committee be further anthorized, if in their judgment the subject requires it, to extend the same inquiries as to the other slave-holding States, and report thereon"—

And to which have been referred sundry memorials and petitions on the subject of the emancipation and colonization of African slaves; also resolutions of the date of June 14, 1862, by the convention of the State of Missouri on the same subject; also a special message, of the date of July 14, 1862, from the President of the United States to the two houses of Congress, transmitting the draught of a bill in aid of gradual emancipation by the States, report:

That the spirit and terms of the resolution clearly characterize it as a measure of peace and conciliation. The object and policy it contemplates, while they do not and should not arrest the strong military arm of the government in its present struggle against treasonable members and disloyal sections, look beyond the present contest, to a period where the dominion of law shall have succeeded to the

resorted to the better mode of becoming citizens, but as early as 1851 the legislature of the Territory adopted the following memorial to Congress :

"Memorial of the legislature of the Territory of New Mexico to the Senate and House of Representatives of the Congress of the United States:

"Your memorialists, with the greatest respect, have the honor to address your honorable body in behalf of those residents of this Territory who have retained the character of Mexican citizens, by virtue of the stipulations of the treaty celebrated between the United States and the republic of Mexico on the 2d day of February, 1848, whom, for certain agreements entered into between themselves, signed themselves as such; but at the present time, in the just consideration and hope of bettering their future condition, they have come to the most decided and firm determination to remain and reside forever in the land of which your honorable body is the head. In virtue of which, and relying on your liberality that they may be permitted to be incorporated and admitted, as soon as possible, into the community of the citizens of the United States in this Territory, many of them have made application at the present session of the legislative assembly, and it is well known that the remaining portion or a majority of them, under the circumstances, pray to be recognized as

such.

"Your memorialists would represent that the persons referred to in this memorial will renounce all allegiance and subjection to the government of Mexico, and pledge themselves, before the govern ment of the United States, to render true allegiance and submission, and whatever may be required of them, their children, and succesors, as citizens, forever.

"Whereupon your memorialists recommend and pray your honorable body that, noticing the contents of this memorial, in accordance with your accustomed liberality, you will be pleased to provide an act by which those persons who have already made application may be recognized and considered as citizens of the United States. and that means may be provided here for those persons who may desire to manifest their intention of doing the same."

On behalf of this unfranchised class of inhabitants the able and diligent delegate from that Territory has introduced the bill, which the committee have considered, to declare them citizens, upon taking an oath of allegiance, as therein prescribed.

In the case of so large a number of aliens, residing in a single community, attached to our form of government, and anxious to enjoy the rights of citizenship, but surrounded by inconveniences in obtaining those rights under existing laws, it might seem desirable, were there no constitutional objections, to make special provision for their immediate naturalization, and to relieve them from a resort to the slow and inconvenient process now required. The committee, however, entertain the opinion that the bill under consideration is repugnant to the Constitution. The fourth clause of section eight of

the first article of the Constitution provides that Congress "shall have power to establish a uniform rule of naturalization." The grant of this power implies the exclusion of any power to establish any other than a uniform rule. A statute prescribing, as the present bill does, a rule for the naturalization of aliens resident in a particular locality different from the general rule applicable to aliens would violate this uniformity.

Indeed, this bill is liable to a constitutional objection on a narrower and perhaps clearer ground. It does not provide a uniform rule for the naturalization of the entire class of persons who, under the provisions of the treaty before referred to, elected to retain the character of Mexican citizens. Its provisions apply only to that part who now reside in New Mexico. Those who reside elsewhere are not within the benefit of its provisions. It is well known that a part of the most fertile and populous portion of New Mexico was annexed by a bill passed at the last session of Congress to the Territory of Colorado, and a considerable number of the inhabitants who elected under the treaty to remain Mexicans are now inhabitants of the latter Territory.

The committee are, therefore, of the opinion that the bill under consideration ought not to pass.