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Burning of the Post Office Building.

or nearly four o'clock, this deponent was awoke by the smoke in the room; he immediately arose, and, after examining his own room, went into the passage leading out of the east door, and discovered the outside door open; there was as much smoke in the entry as in his room; he then went out of the east door, and went round on the south front of the building, and examined the cellar windows, and perceived smoke coming out of all the windows, and at the window nearest the south door of the Post Office discovered considerable heat issuing from the window; he then cried fire! fire! went back and alarmed Mr. Cox, first by ringing the bell leading to his room, then by going outside, round to his window, and knocking against it, and then rang the bell again. Mr. Cox then came out of his room, and then the deponent went to the window from whence the heat issued, to show Mr. Cox; but whether Mr. Cox went to the window or not this deponent cannot say. Mr. Cox advised him to go after Mr. Kennedy, the chief clerk in the City Post Office; he, the deponent, went after Mr. Kennedy, awoke, him, and then returned to the Post Office, and went into the room where he slept, and got his pantaloons; the room was then so full of smoke he could not breathe in it. Mr. Kennedy soon came, and we went to the south window, where the smoke and heat continued to issue, but did not see any fire; then the deponent went to assist in getting out the engine. After we got the engine in readiness, it proved to be out of order and useless; the deponent then went into the Post Office, and discovered fire about the centre of the room, not far from the stove; the fire immediately spread with great rapidity until the whole building was on fire. That, previous to his calling Mr. Cox, he attempted to go down cellar with a candle, but could not for the density of the smoke.

SAMUEL CROWN.

Statement of Henry Bishop, sen.

I am messenger of the Patent Office, which office I have held six years last November.

On the night of the fire I was alarmed by a knocking at my next door neighbor's house, and heard a person say that the Post Office was on fire; I immediately rose out of bed, dressed myself, looked at my watch, which was about half past four; it is generally too fast. I called my eldest son, Henry, a young man, and sent him to Mr. Ellsworth's house to inform him of the fire.

I immediately went to the building, ascended the steps of the City Post Office on E street, looked in at the window east of the steps, and saw that the large room was full of black smoke, with a red blaze in about the middle of the room, in a northeasterly direction from where I stood. I did not stay more than a minute in this place; my first object was to get into the Patent Office, having the keys with me. I attempted to get into the building at the door on 7th street, but from some cause which I do not well recollect, I could not enter; whether the door was fast or the smoke prevented I cannot positively say. I then went to the front of the building on E street, passed through the door of the General Post Office into the yard north of the building. I then went to a back door communicating with the City Post Office and Patent Office, found it open, with a great deal of smoke in the passage, apparently coming from the large room occupied by the City Post Office. I attempted several times to ascend the stairs of the Patent Office, but the smoke was so thick and suffocating that I was obliged to desist.

I then went into the yard north of the building, and saw a person looking into the cellars to see if there was any fire to be seen, but there was none. I then went to the front of the building on E street, to examine the Patent Office cellar, which was under the City Post Office; I pushed open the shutter just west of the City Post Office steps and went

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into the cellar, where I could see nothing, for it was total darkness.

I then left the cellar. By this time Mr. Ellsworth had arrived, and I joined him; we made some more attempts to get into the Patent Office, which were unsuccessful; the smoke and flames filled the building, and we were obliged

to retreat.

After all hope of saving the building had been given up, and I was watching the progress of the fire, I was informed that Dr. Jones, City Postmaster, was speaking about ashes being kept in the Patent Office cellar, under the City Post Office, and conveyed the idea that the fire might have originated there. I immediately went to Mr. Ellsworth, and told him of the remarks of Dr. Jones. While I was speaking to Mr. Ellsworth, Dr. Jones came where we were; I then told Mr. Ellsworth and Dr. Jones that there could not be any fire in the Patent Office cellar, for I had been in the cellar since the fire, and it was entirely dark. I likewise offered, in the presence of Mr. Ellsworth and Dr. Jones, to open the shutter and go in again, but they said it was not worth while.

On the subject of the ashes I have to state that, as soon as the clerks left the office for the day, the fire was not covered with ashes to keep fire for the next day, but the brands were put together, a screen put before the fire, and the fire left to burn out, so that there was very seldom any fire the next morning. In the morning the ashes were taken up in an iron hod, and never emptied till the next day, and sometimes longer; the day previous to the fire, Wednesday, ashes had been emptied from the Patent Office that had been taken from the hearths on the Monday previous, and perhaps some might have been taken up on Tuesday; but I am sure there was none taken up on Wednesday. The ashes were put in a large wooden box in the cellar, under the large room occupied by the City Post Of fice; the box stood by itself on a ground floor, about eight or nine feet from the floor above.

HENRY BISHOP.

Statement of Cornelius Cox.

Cornelius Cox, a clerk in the City Post Office, testifies and says that, on the morning of the 15th of December last I was awoke by some noise, and upon getting up immediately concluded the office was on fire, as the room was filled with smoke. I opened the door which led into the Post Office, and ran through out of the east door to a room occupied by Mr. Summers. In doing this I suppose I passed through 15 or 20 feet of the office, and saw no light; but the smoke was so dense that it was with great difficulty that I could breathe, and heard a crackling under the floor very distinctly. In Mr. Summers's room I met him and Mr. Crown. I said, Crown, where in the world does all this smoke come from? He said he did not know, but believed the cellar was on fire. I then asked him if he had been down in the cellar. He said no, but had attempted to do so, and proceeded a few steps, when he found the smoke so thick that it put out his candle, and was forced back for fear of suffocation. I told him to go over and wake up Mr. Kennedy, one of the clerks of the office, who lives within a half a square. I then ran out of the office on the pavement to the front, and saw the smoke coming out of the window under the steps at the east of the office, and had a full view of the whole front, but saw no person up to this time, with the exception of Summers and Crown. I then went back again through the office to my room, for the purpose of dressing myself, and in passing over the floor heard the crackling and rumbling of the fire below so clearly that I was apprehensive the floor would give way, and also a knocking at the door communicating with the Post Office Department. I put on my pantaloons, took my coat in my hand, and jumped out of the window at the back of the office, and ran round again to the front, not re

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turning in the same way that I went in, on account of the great danger, as I thought at the time, of the floor falling in. I there met Mr. Crown, and asked him if he had been over for Mr. Kennedy. He told me he had. (I was very anxious to get this gentleman over as early as possible, as I knew he had the key of the desk which contained the money belonging to the office.) Crown then went around and burst the cellar windows open until he came to the third one from the east corner, when he said, here, Mr. Cox, here it is (meaning the fire) just under here. I look ed, but could see nothing but the smoke rushing out. At this time I recognised Mr. John Suter, of the Post Office Department, and four or five others. Mr. Kennedy then came over and tried to enter the office at the east door, but was repulsed by the smoke. I told him that the window of my room was open, and probably he might get in there. We then went round, and the smoke was issuing from it very thick. He told me I had better get in and save some of my clothing. I did so, and threw out a part of them, having every moment to thrust my head out of the window for air. After I got out of the window, and was gathering up the clothes that I had thrown out, I saw Mr. Bishop, the messenger of the Patent Office, who told me that he had been trying to get up to that office, but could not do so for the smoke. After this I went in the Post Office Department and assisted in saving the books and papers belonging to that Department. Neither time that I passed through or looked into the City Post Office was there any fire to be seen, nor did it get through for 20 or 30 minutes after I was up. If the fire had originated in the City Post Office, it would have been seen immediately, as there was a great quantity of combustible material there. I would here state that we got through the work and closed the office that morning about half past two o'clock, and I was up about ten minutes after the other clerks had gone, during which time I attended particularly to extinguishing the lights and securing the fires; looked into the stove and saw that the fire had nearly gone out, there being nothing but a few coals, and they nearly covered with ashes; placed a brick before the door, and went over to the fireplace. In this fireplace we burnt coal, and were in the hablt of keeping fire throughout the night; it had gone down lower than usual, and fresh coal had been thrown on, so as to completely cover up all the fire there was remaining, and I was fearful that it would go out entirely; saw that a large iron screen which we had was placed before it, for the purpose of keeping any coals that might fall off the grate from rolling on the floor.

The carpenter's work throughout the office had shrunk generally, and the floor, particularly, was very open, so much so that I have often noticed places about the washboards, where it had been neglected to have been swept for a short time, covered with coal dust and other dirt blown up through the crevices from the cellar, which will account for the office being so full of smoke.

It was impossible to open the door at the south front of the office. I was the only person that penetrated any distance in. When I first came out I did so without knowing what was the matter; and when I went back, it was under the impression that I was risking my life; but had nothing on but my shirt, and forced myself through. It is my decided opinion that if any person had attempted to open that door from the inside, they would have suffocated, as they not only would have been obliged to have gone a very considerable distance through the office, which was obstructed by tables and baskets used for the distribution of newspapers, and to have opened a door leading into the lobby, which was locked, before they could have got to the main door, which was locked, bolted, and barred, besides having a large letter-box placed before it, which would have had to be removed. But there was no necessity for opening that door, as any person disposed to enter the office could

have tried through the east door, as that entrance was open the whole time.

The great Eastern mail arrived about 15 minutes after 11 o'clock on the night of the fire. The letters and papers were taken out of the mail-bags, and those for the members of Congress placed in boxes ready to be delivered to the messengers of the two Houses; and the letters for the citizens were distributed in the several appropriate boxes. The boxes containing the letters and papers for members of Congress were in the southeast corner of the room of the Post Office. It is my opinion that those letters and papers could not have been saved, on account of the dense smoke. The Port Tobacco, Warrenton, and Georgetown mails were in the room occupied by Dr. Jones. These mails might have been saved if we had thought of them im. mediately after getting up; but we were occupied in giving the alarm and ascertaining where the fire was, so that they entirely escaped our attention. The large mails had all left the office. The Southern mail was the last, which was about 3 o'clock in the morning. CORNELIUS COX.

INTERNATIONAL COPYRIGHT LAW.

Petition of Thomas Moore, and other authors of Great Britain, praying Congress to grant to them the exclusive benefit of their writings within the United States.

FEBRUARY 2, 1837.

Referred to a select committee, consisting of Messrs. Clay, Preston, Buchanan, Webster, and Ewing of Ohio.

Address of certain authors of Great Britain to the Senate of the United States in Congress assembled, respectfully showing:

That authors of Great Britain have long been exposed to injury in their reputation and property from the want of a law by which the exclusive right to their respective writings may be secured to them in the United States of America:

That, for want of such law, deep and extensive injuries have of late been inflicted on their reputation and property, and on the interests of literature and science, which ought to constitute a bond of union and friendship between the United States and Great Britain:

That, from the circumstance of the English language being common to both nations, the works of British authors are extensively read throughout the United States of America, while the profits arising from the sale of their works may be wholly appropriated by American booksellers, not only without the consent of the authors, but even contrary to their express desire; a grievance under which they have at present no redress:

That the works thus appropriated by American booksellers are liable to be mutilated and altered at the pleasure of the said booksellers, or of any other persons who may have an interest in reducing the price of the works, or in conciliating the supposed principles or prejudices of purchasers in the respective sections of your Union; and that the names of the authors being retained, they may be made responsible for works which they no longer recognise as their own:

That such mutilation and alteration, with the retention of the authors' names, have been of late actually perpetrated by citizens of the United States; under which grievances such authors have at present no redress.

That certain authors of Great Britain have recently made an effort in defence of their literary reputation and property, by declaring a respectable firm of publishers in New York to be the sole authorized possessors and issuers of the said works, and by publishing, in certain American newspapers, their authority to this effect:

International Copyright Law.

That the object of the said authors has been defeated by the act of certain persons, citizens of the United States, who have unjustly published, for their own advantage, the works sought to be thus protected; under which grievance the said authors have at present no redress :

That American authors are injured by the non-existence of the desired law. While American publishers can provide themselves with works for publication, by unjust appropriation, instead of by equitable purchase, they are under no inducement to afford to American authors a fair remuneration for their labors; under which grievance American authors have no redress but in sending over their works to England to be published; an expedient which has become an established practice with some, of whom their country has most reason to be proud:

That the American public is injured by the non-existence of the desired law. The American public suffers not only from the discouragement afforded to native authors, as above stated, but from the uncertainty now existing as to whether the books presented to them as the works of British authors are the actual and complete productions of the writers whose names they bear:

That, in proof of the evil complained of, the case of Walter Scott might be referred to, as stated by an esteemed citizen of the United States; that while the works of this author, dear alike to your country and to ours, were read from Maine to Georgia, from the Atlantic to the Mississippi, he received no remuneration from the American public for his labors; that an equitable remuneration might have saved his life, and would, at least, have relieved its closing years from the burden of debts and destructive toils:

That, deeply impressed with the conviction that the only firm ground of friendship between nations is a strict regard to simple justice, the undersigned earnestly request the Senate of the United States in Congress assembled speedily to use, in behalf of the authors of Great Britain, their power of securing to the authors the exclusive right to their respecting writings.

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James Montgomery, Esq.
Miss Joanna Baillie
Miss Mitford

Allan Cunningham, Esq.
Charles Babbage, Esq.
Prince Lucien Bonaparte
G. P. R. James, Esq.

Rev. Dr. Buckland

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Wood Leighton, &c.

- Book of Gems.

· Bucanier, Outlaw, &c.

World before the Flood, &c.

Plays of the Passions, &c.

Our Village, &c.

Lives of the Painters, &c.

Science and Manufactures.

Memoirs, written by himself. Richelieu, Memoirs of the

Black Prince, &c. Geology and Mineralogy

Sir Grenville Temple, Bart. Travels in Greece and Turkey,

Dr. Prout

Mrs. Calcott

G. Griffin, Esq.
H. F. Chorley, Esq.
The Rev. W. Kirby
Thomas Carlyle, Esq.
Miss Pardoe

The Rev. T. S. Grimshawe

Charles White, Esq.
Henry Lytton Bulwer, Esq.,
M. P.

Samuel Rogers, Esq. Rev. Dr. Chalmers Sir Charles Bell

The Rev. G. Skinner, Cam- J. C. Loudon, Esq.

bridge University, England

J. H. Caunter

Robert Southey.

Professor Whewell Lady Emeline Wortley Edward Tagart, Esq.

* Dr. McVicker. Vide his letter to the editor of the R. Muchison, Esq.

New York American, November 19, 1832.

Chemistry, Meteorology, &c.

History of Brazil, Chili, and India.

The Collegians, &c.

Memoirs of Mrs. Hemans.
Habits, &c. of Animals.

Sartor Resartus.

Residence in Portugal.

Life of the Rev. Leigh Richmond, the Poet Cowper, &c.

- Belgic Revolution.

France, Social, Literary, and
Political.

Pleasures of Memory, &c.

- Discourses, &c.

- Bridgewater Treatise, &c.

Encyclopedia of Gardening, &c.

- Bridgewater Treatise, &c. Poems, &c,

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Rev. Dr. Vaughn

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- History of Stuarts, &c.

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International Copyright Law.

Works.

Translator of Faust, &c. Romance of History, India,

Oriental Annals.

Thalaba, &c.

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Referred to a select committee, consisting of Messrs. Clay, Preston, Buchanan, Webster, Ewing of Ohio, and Ruggles.

To the Senate and House of Representatives in Congress assembled:

The petition of the undersigned, citizens of the United States, respectfully represents:

That they believe native writers to be as indispensable as a native militia; that, although foreign writers and foreign writings may be had cheaper, owing to the present law of copyright, our people must look for the defence of their habits, their opinions, and their peculiar institutions, to those who belong to them and have grown up with themto their own authors, as to their own soldiers, whatever may be the cost in dollars and cents.

That, by the present law of copyright, our own authors are unable to contend with foreigners who are paid else

where:

That, by a change of the present law, with a view to the liberal encouragement of our own writers, and to the just and reasonable protection of others, by whose labors and discoveries we profit, we believe that our people, and the cause of learning, of science, and of literature, throughout the world, would be benefited:

Wherefore we respectfully pray that such changes may be had in the present law of copyright, as, while they insure to authors a safer interest in their property, to our own writers encouragement, and to foreigners a reasonable protection, the public may be secured against a discouraging monopoly, the commonwealth of literature opened to a fair and liberal competition, and the ground laid for a future international law of copyright between the Old World

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that no foreigner, residing abroad, can secure a copyright in the United States, for any work of which he is the author, however important or valuable it may be. The ob ject of the address and petition, therefore, is to remove this restriction as to British authors, and to allow them to enjoy the benefits of our law.

That authors and inventors have, according to the practice among civilized nations, a property in the respective productions of their genius, is incontestable; and that this property should be protected as effectually as any other property is by law, follows as a legitimate consequence. Authors and inventors are among the greatest benefactors of mankind. They are often dependent, exclusively, upon their own mental labors for the means of subsistence; and are frequently, from the nature of their pursuits, or the constitutions of their minds, incapable of applying that provident care to worldly affairs which other classes of society are in the habit of bestowing. These considerations give additional strength to their just title to the protection of the law.

It being established that literary property is entitled to legal protection, it results that this protection ought to be A British afforded wherever the property is situated. merchant brings or transmits to the United States a bale of merchandise, and the moment it comes within the jurisdiction of our laws, they throw around it effectual security. But if the work of a British author is brought to the United States, it may be appropriated by any resident here, and republished, without any compensation whatever being made to the author. We should be all shocked if the law

tolerated the least invasion of the rights of property, in the case of merchandise, whilst those which justly belong to the works of authors are exposed to daily violation, without the possibility of their invoking the aid of the laws.

The committee think that this distinction in the condition of the two descriptions of property is not just; and that it ought to be remedied by some safe and cautious amendment of the law. Already the principle has been adopted in the patent laws, of extending their benefits to foreign inventions or improvements. It is but carrying out the same principle to extend the benefit of our copyright laws to foreign authors. In relation to the subjects of Great Britian and France, it will be but a measure of reciprocal justice; for, in both of those countries, our authors may enjoy that protection of their laws for literary property which is denied to their subjects here.

Entertaining these views, the committee have been anxious to devise some measure which, without too great a disturbance of interests, or affecting too seriously arrangements which have grown out of the present state of things, may, without hazard, be subjected to the test of practical experience. Of the works which have heretofore issued from the foreign press, many have been already republished in the United States; others are in a progress of republication, and some probably have been stereotyped. A copyright law which should embrace any of these works might injuriously affect American publishers, and lead to collision and litigation between them and foreign authors.

Acting, then, on the principles of prudence and caution, by which the committee have thought it best to be govern. ed, the bill which the committee intend proposing provides that the protection which it secures shall extend to those works only which shall be published after its passage. It is also limited to the subjects of Great Britain and France; among other reasons, because the committee have information that, by their laws, American authors can obtain there protection for their productions; but they have no information that such is the case in any other foreign country. But, in principle, the committee perceive no objection to considering the republic of letters as one great community, and adopting a system of protection for literary property which should be common to all parts of it. The bill also

Amendment of the Constitution.

provides that an American edition of the foreign work for which an American copyright has been obtained shall be published within reasonable time.

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of Congress, proposing amendments to the constitution, having heretofore been discharged from the consideration of all propositions and resolutions in reference to an amendment of the constitution on the subject of the election of President and Vice President, have, according to order, had under consideration the only remaining proposition, and beg leave to submit the following report:

If the bill should pass, its operation in this country would be to leave the public, without any charge for copyright, in the undisturbed possession of all scientific and literary works published prior to its passage-in other words, the great mass of the science and literature of the world; and to entitle the British and French author only to the bene-sideration was submitted at the previous session of this Confit of copyright in respect to works which may be published subsequent to the passage of the law.

The proposition which the committee have had under con

gress, to wit: on February 13th, 1836, and is in the following form and words:

"Mr. Underwood submitted the following joint resolution to amend the constitution of the United States:

ed to."

"Amend the second section of the second article, by inserting after the words and which shall be established by law,' in the second paragraph of that section, the following words: except the Secretary of the Treasury, and such officers whose principal duties consist in collecting, or in receiving, or in disbursing, or in keeping accounts concerning, the revenue of the United States, or any part thereof.'

The committee cannot anticipate any reasonable or just objection to a measure thus guarded and restricted. It may, indeed, be contended, and it is possible, that the new work, "Resolved by the Senate and House of Representatives when charged with the expense incident to the copyright, of the United States of America in Congress assembled, may come into the hands of the purchaser at a small ad- That the following amendments to the constitution thereof vance beyond what would be its price, if there were no such be proposed and recommended to the Legislatures of the charge; but this is by no means certain. It is, on the con- several States, for their ratification, to wit: trary, highly probable that, when the American publisher "Amend the seventh section of the first article, by strihas adequate time to issue carefully an edition of the for-king out the words two thirds of,' wherever they occur, eign work, without incurring the extraordinary expense and insert the words a majority of all the members electwhich he now has to sustain to make a hurried publication of it, and to guard himself against dangerous competition, he will be able to bring it into the market as cheaply as if the bill were not to pass. But if that should not prove to be the case, and if the American reader should have to pay a few cents to compensate the author for composing a work by which he is instructed and profited, would it not be just in itself? Has any reader a right to the use, without remuneration, of intellectual productions which have not yet been brought into existence, but lie buried in the mind of genius? The committee think not; and they believe that no American citizen would not feel it quite as unjust, in reference to future publications, to appropriate to himself their use, without any consideration being paid to their foreign proprietors, as he would to take the bale of merchandise, in the case stated, without paying for it; and he would the more readily make this trifling contribution, when it secured to him, instead of the imperfect and slovenly book now often issued, a neat and valuable work, worthy of preservation.

With respect to the constitutional power to pass the proposed bill, the committee entertain no doubt, and Congress, as before stated, has acted on it. The constitution authorizes Congress "to promote the progress of science and useful arts, by securing, for limited times, to authors and inventors, the exclusive right to their respective writings and discoveries." There is no limitation of the power to natives or residents of this country. Such a limitation would have been hostile to the object of the power granted. That object was to promote the progress of science and useful arts. They belong to no particular country, but to mankind generally. And it cannot be doubted that the stimulus which it was intended to give to mind and genius-in other words, the promotion of the progress of science and the arts-will be increased by the motives which the

bill offers to the inhabitants of Great Britain and France.

The committee conclude by asking leave to introduce the bill which accompanies this report.

"Under the general head of amendments, add the following articles, to wit:

"ARTICLE XIII.

"1. A Secretary of the Treasury shall be annually, Senate and House of Representatives, each Senator and or oftener, if needful, appointed by the joint vote of the Representative having one vote.

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§ 2. The Secretary of the Treasury shall nominate, and, by and with the advice and consent of the Senate, shall appoint, all officers whose principal duties consist either in collecting, or in receiving, or in disbursing, or in keeping accounts concerning, the revenue, or any part thereof. But Congress may, by law, vest the appointment of such inferior officers, whose duties pertain to the collection, receipt, or disbursement, of the revenue, or any part of it, as shall be deemed proper, in the Secretary of the Treasury alone.

"3. In case of the death, removal, resignation, or disability, of the Secretary of the Treasury, the President of the United States shall designate some officer of the Treasury Department to perform the duties of the Secretary of the Treasury until a successor shall have been duly elected, or until the disability is removed.

"§ 4. In case of the death, removal, resignation, or disability, of any inferior officer connected with the Treasury Department, in the collection, or receipt, or disbursement of, or in keeping accounts concerning, the revenue, or any part of it, during the recess of the Senate, the Secretary of the Treasury shall have power to fill the vacancy by granting commissions, which shall expire at the next ensuing

AMENDMENT OF THE CONSTITUTION OF session of Congress, unless the appointment to the vacant

THE UNITED STATES.

HOUSE OF REPRESENTATIVES,
February 28, 1837.

Mr. Dromgoole, from the select committee to which the subject had been referred, made the following report: The select committee to which was referred so much of the President's message as relates to amending the constitution of the United States, together with all propositions and resolutions, submitted at the last and present sessions VOL. XIII.-Gg

office had been exclusively conferred on him by law.

"ARTICLE XIV.

"The tenure of all offices, except such as are specially provided for in the constitution, and the mode of removal from office, shall be regulated by Congress.

"ARTICLE XV.

"Senators and Representatives shall not be eligible to any office on the nomination of the President, or on the nomination of the Secretary of the Treasury, during the time for which they were respectfully elected to serve in

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