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Mr. Westcott, from the Committee on the Judiciary, to whom was referred the petition of John P. Baldwin, submitted a report, accompanied by a bill (S. 251) for the relief of John P. Baldwin, owner of the Spanish brig Gil Blas.

The bill was read, and passed to the second reading.

Ordered, That the report be printed.

On motion by Mr. Johnson, of Louisiana,

Ordered, That the Committee on Pensions be discharged from the further consideration of the following subjects:

Petition of citizens of Ohio in favor of Samuel Hall.

Petition of Lydia Lord.

Petition of Ann Dodd.
Petition of Sarah Overbagh.
Petition of Maria Ostrander.

Petition of Benjamin Watson.

The bill (H. R. 457) to provide for the distribution of the laws and treaties of the United States published by Little and Brown, under the provisions of the resolution of Congress approved March 3, 1845, was read the second time.

The bill (H. R. 92) making appropriations for certain defensive works of the United States for the fiscal year ending the 30th day of June, 1847, was read the second time.

Ordered, That it be referred to the Committee on Military Affairs.

The Senate proceeded to consider, as in Committee of the Whole, the bill (H. R. 321) to repeal an act entitled "An act for the relief of the Stockbridge tribe of Indians in the Territory of Wisconsin," approved March 3, 1843, and for other purposes: and no amendment being made, it was reported to the Senate.

Ordered, That it pass to a third reading.

The said bill was read a third time.

Resolved, That it pass.

Ordered, That the Secretary notify the House of Representatives accordingly.

The bill (S. 79) to provide for the confirmation of certain settlement claims in the Greensburg land district, Louisiana, was considered as in Committee of the Whole, and no amendment being made, it was reported to the Senate.

Ordered, That it be engrossed, and read a third time.

The said bill was read a third time.

Resolved, That this bill pass.

Ordered, That the Secretary request the concurrence of the House of Representatives in this bill.

A message from the House of Representatives, by Mr. French, their Clerk:

Mr. President: The House of Representatives further insist on their amendment to an amendment of the Senate to the bill (H. R. 49) making appropriations for the support of the army for the year ending the 30th day of June, 1847, disagreed to by the Senate, and to their disagreement to the two amendments to the said bill adhered to by the Senate; ask a further conference on the disagreeing votes of the two houses thereon; and have appointed a committee of conference on their part.

They have passed the bill (S. 67) to provide for the final settlement of

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the accounts of John Crowell, late agent for the Creek Indians, with an amendment: in which they request the concurrence of the Senate.

They have passed the following bills of the Senate:

S. 84. An act for the relief of Ebenezer Ballard.

S. 147. An act for the relief of Harriet Ward.

The Speaker of the House of Representatives having signed two enrolled bills and an enrolled resolution, I am directed to bring them to the Senate for the signature of their President.

The Senate proceeded to consider the amendment of the House of Representatives to the bill (S. 57) to amend an act entitled "An act to provide revenue from imports, and to change and modify existing laws imposing duties on imports, and for other purposes:" and

Resolved, That they concur therein.

The Senate proceeded to consider the amendment of the House of Representatives to the bill (S. 51) to provide for the payment of the evidences of public debt in certain cases: and

Resolved, That they do not concur therein.

Ordered, That the Secretary notify the House of Representatives accordingly.

The Senate proceeded to consider the amendment of the House of Representatives, insisted on by that House, to the bill (S. 49) granting a pension to Richard Elliott: and

On motion by Mr. Ashley,

Resolved, That the Senate insist on their disagreement to the said amendment, and ask a conference on the disagreeing votes of the two houses. On motion by Mr. Ashley,

-Ordered, That the committee of conference on the part of the Senate be appointed by the Vice President: and

Mr. Ashley, Mr. Pearce, and Mr. Johnson, of Louisiana, were appointed. Ordered, That the Secretary notify the House of Representatives accordingly.

The Senate proceeded to consider the amendments of the Senate disagreed to by the House of Representatives, and the amendment of the House of Representatives to an amendment of the Senate to the bill (H.R. 49) making appropriations for the support of the army for the year ending the 30th day of June, 1847, with the resolution of the House asking a further conference on the disagreeing votes of the two houses: and

Resolved, That they agree to the further conference asked by the House of Representatives thereon, and that the committee be appointed by the Vice President: and

Mr. Benton, Mr. Evans, and Mr. Cameron, were accordingly appointed. Ordered, That the Secretary notify the House of Representatives accordingly.

Mr. Chalmers reported from the committee that they had examined and found duly enrolled the bill (S. 57) entitled "An act to establish a warehousing system, and to amend an act entitled 'An act to provide revenue from imports, and to change and modify existing laws imposing duties on imports, and for other purposes.

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The Senate proceeded to consider the amendments of the House of Representatives to the bill (S. 12) to reduce and graduate the price of the public lands, and for other purposes; together with the amendments reported thereto.

On the question to agree to the following reported amendment:
Sec. 1, line 2, strike out "twenty," and insert "fifteen:"
It was determined in the affirmative, Yeas,

On motion by Mr. Crittenden,

Nays,

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The yeas and nays being desired by one-fifth of the Senators present,
Those who voted in the affirmative are,

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Messrs. Allen, Ashley, Atchison, Atherton, Bagby, Benton, Breese, Bright, Calhoun, Cass, Chalmers, Colquitt, Dickinson, Dix, Fairfield, Hannegan, Houston, Johnson, of Louisiana, Lewis, McDuffie, Rusk, Semple, Sevier, Speight, Turney, Westcott, Woodbridge, Yulee.

Those who voted in the negative are,

Messrs. Archer, Berrien, Cameron, Cilley, Thomas Clayton, John M. Clayton, Corwin, Crittenden, Davis, Dayton, Evans, Greene, Huntington, Jarnagin, Johnson, of Maryland, Mangum, Miller, Morehead, Niles, Pearce, Phelps, Simmons, Upham.

On the question to agree to the second amendment reported by the committee, viz:

Strike out the following section:

"SEC. 2. And be it further enacted, That the quantity of land which the President of the United States shall hereafter proclaim and offer for sale in any one year shall not exceed three millions of acres;"

And in lieu thereof insert:

"SEC. 2. And be it further enacted, That all public lands which, after the first day of December, one thousand eight hundred and forty-six, shall have been offered for sale fifteen years or more on the first of December, one thousand eight hundred and fifty-one, shall then be subject to graduation and entry, in like manner and at like periods of five years; and that all public lands which shall have been offered for sale fifteen years or more at the next succeeding period, or any subsequent one, shall be subject in like manner to graduation and entry at like periods of five years, as they consecutively occur: Provided, That no one person, under the provisions of this act, shall be authorized to purchase more than one section at the lowest rate of fifty cents per acre:"

It was determined in the affirmative, Yeas,

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Nays,

On motion by Mr. Speight,
The yeas and nays being desired by one-fifth of the Senators present,
Those who voted in the affirmative are,

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Messrs. Allen, Ashley, Atchison, Atherton, Bagby, Benton, Breese, Bright, Calhoun, Cass, Chalmers, Colquitt, Dickinson, Dix, Fairfield Hannegan, Houston, Johnson, of Maryland, Johnson, of Louisiana, Lewis, McDuffie, Rusk, Semple, Sevier, Speight, Turney, Westcott, Woodbridge, Yulee.

Those who voted in the negative are,

Messrs. Archer, Berrien, Cameron, Cilley, Thomas Clayton, John M. Clayton, Corwin, Dayton, Evans, Greene, Huntington, Mangum, Miller, Morehead, Niles, Pearce, Phelps, Upham.

So the amendment was agreed to.

On motion by Mr. Simmons, to amend the amendment by adding thereto : "Provided, That the entry of lands at fifty cents per acre shall be corfined to actual occupants and settlers, and in quantities not exceeding one

quarter section to any one person: And provided further, That all lands which shall have been subject to entry at said fifty cents per acre for five years, and all lands which have been offered for sale thirty years or more, shall be ceded to the several States, in proportion to the number of electoral voles to which such States may be respectively entitled at the time of such cession; the apportionment to be made to the several States in such mode, and the sales of said lands to be made under such regulations, as Congress shall prescribe. And all such lands remaining unsold on the first day of December, eighteen hundred and sixty-one, which shall have been in market thirty-five years or more, shall be subject to be taxed by the States in which they respectively lie, in the same manner as if they were at that time sold to individuals :"

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The yeas and nays being desired by one-fifth of the Senators present, Those who voted in the affirmative are,

Messrs. Archer, Berrien, Cameron, Cilley, Thomas Clayton, John M. Clayton, Corwin, Evans, Greene, Huntington, Jarnagin, Johnson, of Maryland, Mangum, Miller, Morehead, Niles, Pearce, Phelps, Simmons, Sturgeon, Upham, Woodbridge.

Those who voted in the negative are,

Messrs. Allen, Ashley, Atchison, Atherton, Bagby, Benton, Breese, Bright, Calhoun, Cass, Chalmers, Colquitt, Dickinson, Dix, Hannegan, Houston, Johnson, of Louisiana, Lewis, McDuffie, Rusk, Semple, Sevier, Speight, Turney, Westcott, Yulee.

So the amendment was disagreed to.

On motion by Mr. Westcott, to amend the amendment by adding thereto the following:

"SEC.. And be it further enacted, That from and after the first day of December, eighteen hundred and forty-six, any free white person, male or female, over the age of eighteen years, who may desire to make a permanent actual settlement and habitation upon and to cultivate any public lands of the United States subject to entry for the term of fifteen years prior to that day, and remaining unsold and not reserved from sale, or subject to pre-emption in favor of any other person, he or she may file his or her application, in writing, with the register of the land district in which said lands shall lie, specifying the township, range, section, and sectional subdivision of said lands; and upon his or her adducing satisfactory proof to the register aforesaid, and to the receiver of the same district, that no other person has settled upon said lands, which proof shall be filed with said register, then the said register and receiver shall issue to such applicant a certificate, reciting that upon the continued habitation and cultivation of said lands by said applicant, or, should he or she have died, by his or her heirs, for the term of five years from and after the date of said certificate, and upon proof thereof being made within ninety days after the expiration of said term to such register and receiver as aforesaid, such applicant, or, if he or she shall have died, his or her heirs, shall be entitled to the said lands, and that a patent shall issue therefor to such applicant, or his or her heirs, without any charge therefor; and which patent shall in such case issue as aforesaid: Provided, however, That in no case shall an application be made or certificate or patent be issued in favor of the same person for more than a

quarter of a section of said lands: And provided, also, That the right of such applicant, or his or her heirs, to such lands, shall in no case be sold, assigned, or transferred, mortgaged, or hypothecated, before said patent shall be issued, and any agreement for that purpose shall be null and void; and no lien shall be allowed to be obtained or acquired on said right to said lands, nor shall such right to said lands be subject to sale by or under any process at law or in equity prior to said patent being issued and received by the person or persons entitled thereto.

"SEC.. And be it further enacted, That it shall be unlawful for any person, except the applicant aforesaid, or his or her heirs as aforesaid, to settle upon or cultivate a quarter section of land for which a certificate shall have issued as aforesaid; and such illegal settlement shall in no case give such person any right to such lands, or interest therein:”

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It was determined in the negative, Yeas,

On motion by Mr. Westcott,

Nays,.

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The yeas and nays being desired by one-fifth of the Senators present, Those who voted in the affirmative are,

Messrs. Allen, Berrien, Bright, Cameron, John M. Clayton, Corwin, Dickinson, Evans, Fairfield, Jarnagin, Johnson, of Louisiana, Lewis, Pearce, Simmons, Turney, Westcott, Yulee.

Those who voted in the negative are,

Messrs. Archer, Ashley, Atchison, Atherton, Bagby, Benton, Breese, Calhoun, Cass, Chalmers, Cilley, Thomas Clayton, Colquitt, Dix, Hannegan, Houston, Johnson, of Maryland, McDuffie, Rusk, Semple, Sevier, Speight.

So the amendment was disagreed to.

On the question to concur in the amendment of the House of Representatives as amended,

It was determined in the affirmative.

So it was

Resolved, That the Senate concur in the amendment of the House of Representatives to the said bill, with amendments.

Ordered, That the Secretary request the concurrence of the House of Representatives in the amendments.

The Senate proceeded to consider, as in Committee of the Whole, the bill (H. R. 50) making appropriations for the civil and diplomatic expenses of the government for the year ending the 30th day of June, 1847; and the reported amendments having been in part agreed to, and further amendments being proposed,

On motion,

The Senate, after the consideration of Executive business, adjourned.

TUESDAY, AUGUST 4, 1846.

The Vice President signed the enrolled bills and the enrolled resolu tion last reported to have been examined, (S. R. 14, S. 85, H. R. 14,) and they were delivered to the committee to be presented to the President of the United States.

On motion by Mr. Atchison,

Ordered, That the Committee on the Militia be discharged from the further consideration of the following subjects:

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