MONDAY, MAY 30, 1836. On motion by Mr. White, Ordered, That the injunction of secrecy be removed from the proceedings of the Senate on the treaty with the Cherokee Indians of the 29th December, 1835. On motion by Mr. Southard, Ordered, That the injunction of secrecy be removed from the documents communicated to the Senate in relation to the treaty with the Cherokees of the 29th December, 1835. FRIDAY, JULY 10, 1846. Mr. Benton submitted the following resolution, which was considered by unanimous consent, and agreed to: Resolved, That the injunction of secrecy be removed from the proceedings of the Senate in executive session upon the reference to the Senate to fix the compensation to be paid to the Cherokee nation for their country east of the Mississippi, preliminary to the treaty of the 29th December, 1835, and the subsequent proceedings of the Senate upon said treaty. Executive proceedings, correspondence, and documents, relating to Oregon, from which the injunction of secrecy has been removed. WEDNESDAY, JUNE 10, 1846. The following message was received from the President of the United States, by Mr. Walker, his secretary: To the Senate of the United States: I lay before the Senate a proposal, in the form of a convention, presented to the Secretary of State on the sixth instant, by the envoy extraordinary and minister plenipotentiary of her Britannic Majesty, for the adjustment of the Oregon question, together with a protocol of this proceeding. I submit this proposal to the consideration of the Senate, and request their advice as to the action which, in their judgment, it may be proper to take in reference to it. In the early periods of the government, the opinion and advice of the Senate were often taken in advance upon important questions of our foreign policy. General Washington repeatedly consulted the Senate, and asked their previous advice upon pending negotiations with foreign powers; and the Senate in every instance responded to his call by giving their advice, to which he always conformed his action. This practice, though rarely resorted to in later times, was, in my judgment, eminently wise, and may, on occasions of great importance, be properly revived. The Senate are a branch of the treaty-inaking power; and, by consulting them in advance of his own action upon important measures of foreign policy which may ultimately come before them for their consideration, the Presi dent secures harmony of action between that body and himself. The Senate are, moreover, a branch of the war-making power, and it may be eminently proper for the Executive to take the opinion and advice of that body in advance upon any great question which may involve in its decision the issue of peace or war. On the present occasion, the magnitude of the subject would induce me, under any circumstances, to desire the previous advice of the Senate; and that desire is increased by the recent debates and proceedings in Congress, which render it, in my judgment, not only respectful to the Senate, but necessary and proper, if not indispensable, to insure harmonious action between that body and the Executive. In conferring on the Executive the authority to give the notice for the abrogation of the convention of 1827, the Senate acted publicly so large a part, that a decision on the proposal now made by the British government, without a definite knowledge of the views of that body in reference to it, might render the question still more complicated and difficult of adjustment. For these reasons I invite the consideration of the Senate to the proposal of the British government for the settlement of the Oregon question, and ask their advice on the subject. My opinions and my action on the Oregon question were fully made known to Congress in my annual message of the second of December last; and the opinions therein expressed remain unchanged. Should the Senate, by the constitutional majority required for the ratification of treaties, advise the acceptance of this proposition, or advise it with such modifications as they may, upon full deliberation, deem proper, I shall conform my action to their advice. Should the Senate, however, decline by such constitutional majority to give such advice, or to express an opinion on the subject, I shall consider it my duty to reject the offer. I also communicate herewith an extract from a despatch of the Secretary of State to the minister of the United States at London, under date of the twenty-eighth of April last, directing him, in accordance with the joint resolution of Congress "concerning the Oregon Territory," to deliver the notice to the British government for the abrogation of the convention of the 6th of August, 1827; and also a copy of the notice transmitted to him for that purpose, together with extracts from a despatch of that minister to the Secretary of State, bearing date on the eighteenth day of May last. JAMES K. POLK. WASHINGTON, June 10, 1846. The message was read. On motion by Mr. Allen, that the message and documents communicated therewith be referred to the Committee on Foreign Relations, and printed in confidence for the use of the Senate, A division of the question was called for by Mr. McDuffie: and On the question, "that the message and documents communicated therewith be referred to the Committee on Foreign Relations:" It was determined in the negative, SYeas, 9 37 On motion by Mr. Hannegan, The yeas and nays being desired by one-fifth of the Senators present, Those who voted in the affirmative are, Messrs. Allen, Ashley, Atherton, Breese, Cass, Dickinson, Fairfield, Hannegan, Turney. Those who voted in the negative are, Messrs. Archer, Bagby, Benton, Berrien, Calhoun, Chalmers, Thomas Clayton, John M. Clayton, Colquitt, Corwin, Davis, Dayton, Dix, Greene, Haywood, Houston, Huntington, Jarnagin, Johnson, of Maryland, Johnson, of Louisiana, Lewis, McDuffie, Mangum, Miller, Morehead, Niles, Pearce, Pennybacker, Phelps, Rusk, Simmons, Speight, Upham, Webster, Westcott, Woodbridge, Yulee. So the motion to refer was rejected. On the question to agree to the second clause of the motion, It was determined in the affirmative, S Yeas, On motion by Mr. Hannegan, The yeas and nays being desired by one-fifth of the Senators present, Those who voted in the affirmative are, Messrs. Archer, Benton, Berrien, Calhoun, Chalmers, John M. Clayton, Colquitt, Davis, Dayton, Greene, Haywood, Houston, Huntington, Johnson, of Maryland, Johnson, of Louisiana, Lewis, McDuffie, Mangum, Miller, Morehead, Pearce, Pennybacker, Phelps, Rusk, Speight, Turney, Upham. Those who voted in the negative are, Messrs. Allen, Ashley, Atherton, Bagby, Breese, Cass, Corwin, Dickinson, Dix, Fairfield, Hannegan, Jarnagin, Jenness, Niles, Semple, Sevier, Simmons, Webster, Westcott, Woodbridge, Yulee. On motion by Mr. Hannegan, that the further consideration of the message and accompanying documents be postponed until Monday next, the 15th instant: It was determined in the negative, Yeas, On motion by Mr. Hannegan, The yeas and nays being desired by one-fifth of the Senators present, Those who voted in the affirmative are, Messrs. Allen, Atherton, Breese, Cass, Colquitt, Dickinson, Fairfield, Hannegan, Jarnagin, Jenness, Rusk, Semple, Westcott. Those who voted in the negative are, Messrs. Archer, Ashley, Bagby, Benton, Berrien, Calhoun, Chalmers, John M. Clayton, Corwin, Davis, Dayton, Dix, Greene, Haywood, Houston, Huntington, Johnson, of Maryland, Johnson, of Louisiana, Lewis, McDuffie, Mangum, Miller, Morehead, Niles, Pearce, Pennybacker, Phelps, Sevier, Simmons, Speight, Turney, Upham, Webster, Woodbridge, Yulee. So the motion to postpone was rejected. THURSDAY, JUNE 11, 1846. On motion by Mr. Mangum, The Senate proceeded to consider the message of the President of the United States of the 10th instant, communicating a proposal for the adjustment of the Oregon question: and, After debate, Mr. Haywood submitted the following resolution for consideration: Resolved, (two-thirds of the Senators present concurring,) That the President of the United States be, and he is hereby, advised to accept the pro posal of the British government, accompanying his message to the Senate dated 10th June, 1846, for a convention to settle boundaries, &c., between the United States and Great Britain west of the Rocky or Stony mountains. The Senate, by unanimous consent, proceeded to consider the said resolution. On motion by Mr. Niles, that it be amended by adding thereto the following: With the following proviso at the end of the 2d article of the proposed convention, to wit: Provided, That the rights of navigation secured to British subjects by this article be limited to the year A. D. 1859, when they shall cease and determine. The Senate proceeded to consider the resolution submitted by Mr. Haywood on the 11th instant, together with the amendment proposed thereto by Mr. Niles: and, After debate, Mr. Niles, by unanimous consent, modified his proposed amendment to read as follows: With the following proviso at the end of the 2d article of the proposed convention, to wit: Provided, That the right of navigating the Columbia river, secured to the Hudson's Bay Company, and to all British subjects trading with the same, be limited to the year A. D. 1863, when it shall cease and determine. On the question to agree thereto : It was determined in the negative, Yeas, On motion by Mr. Niles, Nays, The yeas and nays being desired by one-fifth of the Senators present, Those who voted in the affirmative are, 10 31 Messrs. Ashley, Atherton, Bagby, Dix, Fairfield, Houston, Jenness, Niles, Simmons, Woodbridge. Those who voted in the negative are, Messrs. Archer, Benton, Berrien, Calhoun, Chalmers, Thomas Clayton, John M. Clayton, Colquitt, Davis, Dayton, Evans, Greene, Haywood, Huntington, Johnson, of Maryland, Johnson, of Louisiana, Lewis, McDutfie, Mangum, Miller, Morehead, Pearce, Pennybacker, Phelps, Rusk, Sevier, Speight, Turney, Upham, Webster, Yulee. So the proposed amendment was rejected. SYeas, It was determined in the affirmative, Nays, Those who voted in the affirmative are, 38 12 Messrs. Archer, Ashley, Bagby, Benton, Berrien, Calhoun, Chalmers, Thomas Clayton, John M. Clayton, Colquitt, Davis, Dayton, Dix, Evans, Greene, Haywood, Houston, Huntington, Johnson, of Maryland, Johnson, of Louisiana, Lewis, McDuffie, Mangum, Miller, Morehead, Niles, Pearce, Pennybacker, Phelps, Rusk, Sevier, Simmons, Speight, Turney, Upham, Webster, Woodbridge, Yulee. Those who voted in the negative are, Messrs. Allen, Atherton, Breese, Cameron, Cass, Dickinson, Fairfield, Hannegan, Jarnagin, Jenness, Semple, Sturgeon. So it was Resolved, (two-thirds of the Senators present concurring,) That the President of the United States be, and he is hereby, advised to accept the proposal of the British government, accompanying his message to the Senate dated 10th June, 1846, for a convention to settle boundaries, &c., between the United States and Great Britain west of the Rocky or Stony mountains. Ordered, That the Secretary lay the said resolution before the President of the United States. TUESDAY, JUNE 16, 1846. The following message was received from the President of the United States, by Mr. Walker, his secretary: To the Senate of the United States: In accordance with the resolution of the Senate of the 12th instant, that 46 'the President of the United States be, and he is hereby, advised to accept the proposal of the British government, accompanying his message to the Senate dated 10th June, 1846, for a convention to settle boundaries, &c., between the United States and Great Britain west of the Rocky or Stony mountains," a convention was concluded and signed on the 15th instant, by the Secretary of State on the part of the United States, and the envoy extraordinary and minister plenipotentiary of her Britannic Majesty on the part of Great Britain. This convention I now lay before the Senate for their consideration, with a view to its ratification. WASHINGTON, June 16, 1846. The message was read. JAMES K. POLK. The convention between the United States of America and her Majesty the Queen of the United Kingdom of Great Britain and Ireland, concluded at Washington the 15th day of June, 1846, was read a first time. On motion by Mr. Allen, that the convention and the message communicating the convention, together with the message of the 10th instant communicating a proposal for the adjustment of the Oregon question, and the documents accompanying the same, be printed in confidence for the use of the Senate: On motion by Mr. McDuffie, to amend the said motion by adding, after the word "same," the words except the communication from Mr. McLane to Mr. Buchanan: A debate ensued: and, On motion, Ordered, That the further consideration of said motion be postponed until to-morrow. Mr. Hannegan submitted the following resolution for consideration: Resolved, That the President be requested to communicate to the Senate |