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1ST SESS.]

Preliminary Proceedings.

[DECEMBER, 1849.

THIRTY-FIRST CONGRESS.-FIRST SESSION.

BEGUN AT THE CITY OF WASHINGTON, DECEMBER 3,

PROCEEDINGS AND DEBATES

IN THE

1849.

SENATE AND HOUSE OF REPRESENTATIVES.*

IN SENATE.

MONDAY, December 3, 1849.

The First Session of the Thirty-First Congress commenced this day, conformably to the Constitution of the United States, at the Capitol, in the city of Washington.

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* LIST OF MEMBERS OF THE SENATE. Maine.-Hannibal Hamlin, James W. Bradbury. New Hampshire.-John P. Hale, Moses Norris, Jr. Massachusetts.-Daniel Webster, John Davis. Rhode Island.-Albert C. Greene, John H. Clarke. Connecticut.-Roger S. Baldwin, Truman Smith. Vermont.-Samuel S. Phelps, William Upham. New York.-Daniel 8. Dickinson, William H. Seward, New Jersey.-William L. Dayton, Jacob W. Miller. Pennsylvania.-Daniel Sturgeon, James Cooper. Delaware.-John Wales, Presley Spruance. Maryland.-David Stewart, James A. Pearce. Virginia.-James M. Mason, Robert M. T. Hunter. North Carolina.-Willie P. Mangum, George E. Badger. South Carolina.-John C. Calhoun, Arthur P. Butler. Georgia.-John M. Berrien, William C. Dawson. Kentucky.-Joseph R. Underwood, Henry Clay. Tennessee.-Hopkins L. Turney, John Bell. Ohio.-Thomas Corwin, Salmon P. Chase. Louisiana.-Solomon W. Downs, Pierre Soulé. Indiana.-Jesse D. Bright, James Whitcomb. Mississippi.-Jefferson Davis, Henry S. Foote. Illinois. Stephen A. Douglas, James Shields. Alabama.-Jeremiah Clemens, William R. King. Missouri.-Thomas H. Benton, David R. Atchison. Arkansas.-William K. Sebastian, Solon Borland. Florida.-David L. Yulee, Jackson Morton. Michigan.-Lewis Cass, Alpheus Felch. Teras.-Thomas J. Rusk, Sam Houston.

Wisconsin.-Henry Dodge, Isaac P. Walker.

Iowa.-George W. Jones, Augustus C. Dodge.

Forty-one Senators appeared in their seats. The Hon. MILLARD FILLMORE, Vice President of the United States and President of the Senate, took the chair.

Mr. UNDERWOOD presented the credentials of the Hon. HENRY CLAY, elected a Senator by the Legislature of Kentucky for the term of

LIST OF MEMBERS OF THE HOUSE OF REPRESENTATIVES.

Maine.-Thomas J. D. Fuller, Elbridge Gerry, Rufus K. Goodenow, Nathaniel S. Littlefield, John Otis, Cullen Sawtelle, Charles Stetson.

New Hampshire.-Harry Hibbard, Charles H. Peaslee, Amos Tuck, James Wilson.

Vermont.-William Hebard, William Henry, James Meacham, Lucius B. Peck.

Massachusetts.-Charles Allen, George Ashmun, James H. Duncan, Orin Fowler, Joseph Grinnell, Daniel P. King, Horace Mann, Julius Rockwell, Robert C. Winthrop— vacancy.

Rhode Island.-Nathan F. Dixon, George G. King. Connecticut.-Walter Booth, Thomas B. Butler, Chauncey F. Cleveland, Loren P. Waldo.

New York.-Henry P. Alexander, George R. Andrews, Henry Bennett, David A. Bokee, George Briggs, James Brooks, Lorenzo Burrows, Charles E. Clarke, Harmon S. Conger, William Duer, Daniel Gott, Herman D. Gould, Ransom Halloway, William T. Jackson, John A. King, Preston King, Orsamus B. Matteson, Thomas McKissock, William Nelson, J. Phillips Phoenix, Harvey Putnam, Gideon Reynolds, Elijah Risley, Robert L. Rose, David Rumsey, Jr., William A. Sackett, Abraham M. Schermerhorn, John L. Schoolcraft, Peter H. Silvester, Elbridge G. Spaulding, John R. Thurman, Walter Underhill, Hiram Walden, Hugh White.

New Jersey.-Andrew K. Hay, James G. King, William A. Newell, John Van Dyke, Isaac Wildrick. Pennsylvania.-Chester Butler, Samuel Calvin, Joseph Casey, Joseph R. Chandler, Jesse C. Dickey, Milo M.

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DECEMBER, 1849.]

Election of Speaker.

six years, commencing the fourth day of March, 1849; which were read, and the oath prescribed by law was administered to Mr. CLAY, and he took his seat in the Senate.

Mr. MANGUM presented the credentials of the Hon. JAMES SHIELDS, of Illinois, elected a Senator by the Legislature of Illinois for the term of six years, commencing on the fourth day of March, 1849; which were read, and the oath prescribed by law was administered to Mr. SHIELDS, and he took his seat in the Senate.

On motion of Mr. STURGEON, ordered that the Secretary of the Senate acquaint the House of Representatives that a quorum of the Senate has assembled, and that the Senate is ready to proceed to business.

Mr. DODGE, of Iowa, submitted the following resolution, which was considered by unanimous consent, and agreed to:

Resolved, That each Senator be supplied during the present session with newspapers, as heretofore, not exceeding the cost of four daily newspapers. On motion of Mr. MANGUM, the Sentate adjourned.

HOUSE OF REPRESENTATIVES.

MONDAY, December 3.

Pursuant to the provision of the Constitution of the United States, which declares that "Congress shall assemble at least once in every year,

Dimmick, John Freedley, Alfred Gilmore, Moses Hampton, John W. Howe, Lewis C. Levin, Job Mann, James X. McLanahan, Henry D. Moore, Henry Nes, Andrew J. Ogle, Charles W. Pitman, Robert R. Reed, John Robbins, Jr., Thomas Ross, Thaddeus Stevens, William Strong, James Thompson, David Wilmot.

Delaware.-John W. Houston.

Maryland.-Richard I. Bowie, Alexander Evans, William T. Hamilton, Edward Hammond, John B. Kerr, Robert M. McLane.

Virginia.-Thomas H. Averett, Thomas H. Baly, James M. H. Beale, Thomas S. Bocock, Henry A. Edmundson, Thomas S. Haymond, Alexander R. Halladay, James McDowell, Fayette McMullen, Richard K. Meade, John S. Millson, Jeremiah Morton, Richard Parker, Paulus Powell, James A. Seddon.

North Carolina.-William S. Ashe, Joseph P. Caldwell, Thomas L. Clingman, John R. J. Daniel, Edmund De. berry, David Outlaw, Augustine H. Shepperd, Edward Stanly, Abraham W. Venable.

South Carolina.-Armistead Burt, William F. Colcock, Isaac E. Holmes, John McQueen, James L. Orr, Daniel Wallace, Joseph A. Woodward.

Georgia.-Howell Cobb, Thomas C. Hackett, Hugh A. Haralson, Thomas Butler King, Allen F. Owen, Alexander H. Stephens, Robert Toombs, Marshall J. Wellborn. Alabama.-Albert J. Alston, Franklin W. Bowdon, Williamson R. W. Cobb, Sampson W. Harris, Henry W. Hilliard, David Hubbard, Samuel W. Inge.

Mississippi.-Albert G. Brown, Winfield S. Featherston, William McWillie, Jacob Thompson.

[31ST CONG. and such meeting shall be on the first Monday in December, unless they shall, by law, appoint a different day," the House of Representatives assembled this day.

Precisely at the hour of twelve, meridian, the House was called to order by THOMAS J. CAMPBELL, Esq., Clerk of the House of Representatives of the 30th Congress. And, agreeably to usage, the Clerk proceeded to call the roll of Members in the order of the States and Territories. Before doing so, he stated that, in discharging this duty, he should call the names of such members as, from prima facie evidence before him, he was satisfied had been elected.

The roll having been called, it appeared that 223 Members had answered to their names.

The CLERK having announced that a majority of the whole number of Members elected had answered to their names,

Mr. BOYD moved that the House do now proceed to the election of Speaker, viva voce. No objection having been made—

The House proceeded to the election of a Speaker.

The CLERK announced the following Members as tellers to count the vote: Mr. HILLIARD, of Alabama; Mr. STRONG, of Pennsylvania; Mr. DUER, of New York; Mr. MILLER, of Ohio.

The roll having been called in alphabetical order, the following was declared to be the result of the ballot :

Cartter, Moses B. Corwin, John Crowell, David T. Disney, Nathan Evans, Joshua R. Giddings, Moses Hoagland, William F. Hunter, John K. Miller, Jonathan D. Morris, Edson B. Olds, Emery D. Potter, Joseph M. Root, Robert C. Schenck, Charles Sweetser, John L. Taylor, Samuel F. Vinton, William A. Whittlesey, Amos E. Wood.

Kentucky.-Linn Boyd, Daniel Breck, George A. Caldwell, James L. Johnson, Humphrey Marshall, John C. Mason, Finis E. McLean, Charles S. Morehead, Richard H. Stanton, John B. Thompson.

Tennessee.-Josiah M. Anderson, Andrew Ewing, Meredith P. Gentry, Isham G. Harris, Andrew Johnson, George W. Jones, John H. Savage, Frederick P. Stanton, James H. Thomas, Albert G. Watkins, Christopher H. Williams.

Indiana.-Nathaniel Albertson, William J. Brown, Cyrus L. Dunham, Graham N. Fitch, Willis A. Gorman, Andrew J. Harlan, George W. Julian, Joseph E. McDonald, Edward W. McGaughey, John L. Robinson.

Illinois.-Edward D. Baker, William H. Bissell, Thomas L. Harris, John A. McClernand, William A. Richardson, John Wentworth, Timothy R. Young.

Missouri.-William V. N. Bay, James B. Bowlin, James S. Green, Willard P. Hall, John S. Phelps. Arkansas.-Robert W. Johnson.

Michigan. Kinsley S. Bingham, Alexander W. Buel, William Sprague.

Florida.-E. Carrington Cabell.

Texas.-Volney E. Howard, David S. Kaufman.
Iowa.-Shepherd Leffler, William Thompson.

Wisconsin.-Orsamus Cole, James D. Doty, Charles

Louisiana.-Charles M. Conrad, John H. Harmanson, Durkee. Emile La Sère, Isaac E. Morse.

Ohio.-Joseph Cable, Lewis D. Campbell, David K.

Oregon.-S. R. Thurston.

Minnesota.-Henry H. Sibley.

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Mr. Horace Mann

Mr. James Thompson

Mr. Cleveland

Mr. Seddon

Mr. Disney

Mr. Durkee

Mr. F. P. Stanton
Mr. Woodward

No choice.

102

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TUESDAY, December 4.

At 12 o'clock, M., the House was called to order by THOMAS J. CAMPBELL, Esq, Clerk of the House of Representatives of the 30th Congress.

The Journal of yesterday was read and approved.

Vote for Speaker.

Mr. BOYD, of Kentucky, moved that the House do now proceed to ballot for Speaker. (Several Voices: Vote-not ballot.)

Mr. WHITE said he would like to understand that question.

Mr. BOYD said he intended, of course, that the House should vote, according to usage,

viva voce.

The question was then taken, and decided in the affirmative, without a division.

So the House again proceeded to vote for Speaker.

Mr. HILLIARD, of Alabama; Mr. STRONG, of Pennsylvania; Mr. DUER, of New York; and Mr. MILLER, of Ohio, resumed their seats at the Clerk's table as tellers to count the vote.

The roll was called for the fifth time, when the tellers reported that the whole number of votes given in was 224; necessary to a choice 113; of which

Mr. Cobb, of Georgia, received.
Mr. Winthrop .

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96

102 96

Mr. Wilmot

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224

Mr. Allen.

Mr. Stanton, of Tennessee

Mr. Cleveland

No choice.

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IN SENATE.

WEDNESDAY, December 5.

Mr. MANGUM. I have in my hand a resolution which I will send to the Secretary's table, in order that it may be read, and I hope that it will be, by unanimous consent, acted upon immediately. It proposes to give aid to the President of this body in the discharge of the multifarious duties devolving upon him. I will remark that it is not without precedent. During the whole period that Colonel Richard M. Johnson filled the office of Vice President and President of this body, he was allowed a clerk, and the office was not dispensed with until a President pro tempore was elected. Indeed, it was not until I had the honor to discharge the duties of that office that the employment of a clerk was deemed unnecessary. I will remark, in addition, that the Vice President is suffering from an affection of the eyes, which renders it impossible for him to read or write by candlelight.

The resolution was read as follows:

Resolved, That the Vice President be authorized to employ a clerk during the present session, and that such clerk be paid the same rate of compensation as heretofore paid to persons employed in that capacity.

The resolution was agreed to.

97

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223

No gentleman having received a majority of the whole number, the House again proceeded

IN SENATE.

THURSDAY, December 6.

Mr. CALHOUN presented the credentials of the Hon. JEREMIAH CLEMENS, elected a Senator by the Legislature of the State of Alabama, to supply the vacancy occasioned by the decease of the Hon. DIXON H. LEWIS; which were read, The roll was then called a twelfth time, and the oath prescribed by law was adminiswhen the tellers reported that the whole num-tered to him, and he took his seat in the ber of votes given in was 223; necessary to a Senate. choice 112; of which

to vote.

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