son or persons as the respective Legislatures of the said States may authorize and direct. SEC. 6. And be it further enacted, Thut this act shall continue and be in force for the term of five years from the said first day of July, eighteen hundred and forty, unless the United States shall become involved in war with any foreign power; in which event, from the commencement of hos tilities, this act shall cease, and be no longer in force: Provided, nevertheless, That if, prior to the expiration of this act, any new State or States shall be admitted into the Union, the power is reserved of assigning, by law, to such new State or States, the proportion to which such State or States may be entitled, upon the principles of this act, and upon the principles of any of the compacts mude as aforesaid with either of the nine States first mentioned. SEC. 7. And be it further enacted, That whenever, for two successive years, it shall appear to the Secretary of the Treasury that the net proceeds of the sales of the public lands, within any land district now established, or which may hereafter be established by law, shall not be sufficient to discharge the salaries of the officers employed by the United States within such district, he may discontinue such officers, and the lands contained in such district remaining unsold, shall in such case be annexed to the adjoining district. SEC. 8. And be it further enacted, That there shall be granted to each of the States of Mississippi, Louisiana, Missouri, Michigan, and Arkansas, the quantity of five hundred thousand acres of land; to the State of Indiana, one hundred and fifteen thousand two hundred and seventy-two acres; to the State of Illinois, twenty thousand acres; and to the State of Alabama, one hundred thousand acres of land; lying within the limits of said States, respectively; to be selected in such manner as the Legislatures thereof shall direct, and located in parcels, conformably to sectional divisions and sub-divisions, of not less than three hundred and twenty acres in any one location, on any public land subject to entry at private sale; which said locations may be made at any time within five years after the lands of the United States in said States, respectively, shall have been surveyed and offered at public sale according to existing laws. SEC. 9. And be it further enacted, That the lands herein granted to the States above named shall not be disposed of at a price less than one dollar and twenty-five cents per acre, until otherwise directed by law; and the net proceeds of the sales of said lands shall be faithfully applied to objects of internal improvement within the States aforesaid respectively; namely: roads, bridges, canals, and improvement of water courses, and draining swamps; and such roads, canals, bridges, and water courses, when made or improved, shall be free for the transportation of the United States mail, and munitions of war, and for the passage of their troops, without the payment of any toll whatever. It was determined in the negative, Yeas Nays 13, 29. On motion by Mr. Clay, of Alabama, The yeas and nays being desired by one-fifth of the Senators present, Those who voted in the affirmative are, Messrs. Bayard, Clay, of Kentucky, Crittenden, Davis, Knight, McKean, Merrick, Prentiss, Robbins, Smith, of Indiana, Southard, Swift, Tipton. Those who voted in the negative are, Messrs. Allen, Benton, Brown, Buchanan, Calhoun, Clay, of Alabama, Foster, Fulton, Hubbard, King, Linn, Lumpkin, Lyon, Mouton, Nicholas, Niles, Norvell, Preston, Rives, Roane, Robinson, Strange, Walker, Wall, White, Williams, of Maine, Williams of Mississippi, Wright, Young. On motion by Mr. Benton, To amend the bill, by adding the following as sections 3 and 4: SEC. 3. And be it further enacted, That where any of the public lands of the United States have remained unsold for the space of fifteen years after the termination of the public sales, the same may be entered and purchased by actual settlers on the following terms and conditions, to wit: if a settler is desirous to purchase, for his residence, eighty or less than eighty acres, he may enter and purchase the same at fifty cents per acre. SEC. 4. And be it further enacted, That before any settler shall be allowed to enter and purchase land at the reduced prices aforesaid, he shall file an affidavit with the register of the proper land office, under such regulations as the Secretary of the Treasury shall prescribe, that such applicant is at the time, or intends, within six months, to become, an actual settler on the land proposed to be entered; and that such applicant makes the entry in his own name, for his own benefit, and not in trust for another. And if the said purchaser shall not, within the said six months, settle, and, in good faith, reside upon the land entered as aforesaid, the same may be entered and purchased, in manner aforesaid, by any other person desirous of settling the same, at the reduced prices aforesaid, or by any other person, whether he intends settling thereon or not, at the price of one dollar and a quarter per acre: Provided, That if, before the expiration of the said term of six months, any person, who had entered land as aforesaid for settlement, is unable to make an actual settlement thereon, he may acquire a title to the land entered as aforesaid, by paying such additional sum therefor as will complete the minimum price of one dollar and a quarter per acre, now fixed by law : Yeas It was determined in the affirmative, Nays On motion by Mr. Benton, 24, 19. The yeas and nays being desired by one-fifth of the Senators present, Those who voted in the affirmative are, Messrs. Allen, Bayard, Benton, Clay, of Alabama, Clay, of Kentucky, Crittenden, Foster, Fulton, King, Linn, Lumpkin, Lyon, McKean, Merrick, Mouton, Nicholas, Norvell, Robinson, Smith, of Indiana, Tipton, Walker, White, Williams, of Mississippi, Young. Those who voted in the negative are, Messrs. Brown, Buchanan, Calhoun, Davis, Hubbard, Knight, Niles, Prentiss, Preston, Rives, Roane, Robbins, Ruggles, Southard, Strange, Swift, Wall, Williams, of Maine, Wright. So the proposed amendment was agreed to. The reported amendment having been agreed to, as amended, and no further amendment being proposed, the bill was reported to the Senate; and, On motion by Mr. Clay, of Alabama, The Senate adjourned. FRIDAY, JANUARY 11, 1839. 'The honorable Ambrose H. Sevier, from the State of Arkansas, attended. The Vice President laid before the Senate a report of the Secretary of the Treasury, made agreeably to law, relating to the selection of a bank as a depository of the public money. Ordered, That it be printed. Mr. Lumpkin presented resolutions of the General Assembly of the State of Georgia, instructing the Senators and requesting the Representatives of the said State in Congress to use their exertions to procure the establishment of additional post routes in the State of Georgia; which were referred to the Committee on the Post Office and Post Roads. Mr. Lumpkin presented resolutions of the General Assembly of the State of Georgia, instructing the Senators and requesting the Representatives of the said State in Congress to urge the immediate adjustment and settlement of the claims of the volunteers of General Nelson's brigade, to remuneration for horses lost during a campaign in Florida; and to use their exertions to procure an appropriation for the payment of the officers of said brigade; which were referred to the Committee on Military Affairs. Mr. Lumpkin presented resolutions of the General Assembly of the State of Georgia, instructing the Senators and requesting the Representatives of the said State in Congress to use their exertions to procure the passage of an act to compensate certain persons whose property has been destroyed by the troops of the United States; which were referred to the Committee of Claims. Mr. Norvell submitted a document in relation to the improvement of the harbor at Brest, in the State of Michigan; which was referred to the Committee on Commerce. Mr. Strange presented the petition of Hazard Knowles, machinist in the Patent Office, praying to be allowed to take out a patent for an invention for mowing grass or grain, by horse or other power; which was referred to the Committee on Patents and the Patent Office. Mr. Davis submitted documents in relation to the destruction of the Plumb island bridge, near Newburyport, in the State of Massachusetts; which were referred to the Committee on Commerce. Mr. Hubbard submitted documents in relation to the improvement of the Milwaukie, Root, Manitowoc, Sheboygan, and Kewaunee rivers, and of Havre bay; which were referred to the Committee on Commerce. Mr. Sevier presented resolutions of the General Assembly of the State of Arkansas, instructing the Senators and requesting the Representatives of the said State in Congress to use their exertions to procure the passage of an act to allow certain settlers on the school lands in Arkansas, who claim the right of pre-emption, to enter other lands; also, the passage of an act to authorize the relinquishment of the sixteenth section in certain cases, and the entry of other lands in lieu thereof; which were referred to the Committee on Public Lands. The following message was received from the President of the United States, by Mr. Van Buren, his secretary: To the Senate of the United States: I transmit, herewith, a report of the Secretary of War, in reply to the resolution of the Senate of yesterday's date, calling for information respect ing the agreement between him and the United States Bank of Pennsylvania, on the subject of the sale or payment of certain bonds of that institution held by the United States, and respecting the disposition made of the proceeds thereof. WASHINGTON, January 11, 1839. The message was read. Ordered, That it be printed. M. VAN BUREN. Mr. Wall, from the Committee on the Judiciary, to whom was referred the bill (S. 189) to reorganize the district courts of the United States in the State of Alabama, reported it without amendment. Mr. Williams, of Mississippi, reported from the committee that they had this day presented to the President of the United States the enrolled bill (No. 975) entitled "An act to provide for carrying into effect the convention between the United States of America and the Republic of Texas, for marking the boundary between them." On motion by Mr. Tipton, Ordered, That the Committee of Claims be discharged from the further consideration of the petition of the executrix of William D. Cheever. Mr. Strange, from the Committee on the Judiciary, to whom was referred the bill (S. 141) for the relief of Daniel Goodwin, reported it without amendment; and that the bill ought not to pass. On motion by Mr. Prentiss, Ordered, That the Committee on Pensions be discharged from the further consideration of the petition of Richard Elliot. The Senate proceeded to consider the report of the Committee on Pensions on the petition of the widow of Alexander R. Thompson; and, in concurrence therewith, Resolved, That the prayer of the petitioner ought not to be granted. The Senate proceeded to consider the report of the Committee of Claims on the petition of Joseph W. Page; and, in concurrence therewith, Resolved, That the prayer of the petitioner ought not to be granted. The Senate proceeded to consider the motion submitted by Mr. Walker, the 8th instant; and, On his motion, Ordered, That it lie on the table. Agreeably to notice, Mr. Young asked and obtained leave to bring in a bill (S. 190) for the relief of Samuel Ferguson; which was read the first and second times, by unanimous consent, and referred to the Committee of Claims. Agreeably to notice, Mr. Young asked and obtained leave to bring in a bill (S. 191) for the relief of James Dutton; which was read the first and second times, by unanimous consent, and referred to the Committee on Public Lands. The Senate proceeded to consider the resolution (S. 7) concerning the legacy bequeathed by Mr. James Smithson, of London, to the United States in trust, for an institution of learning, to be established in the City of Washington; which was agreed to, as follows: Resolved by the Senate, (the House of Representatives concurring,) That a joint committee be appointed, consisting of seven members of the Senate, and such a number of said House as they shall appoint, to consider the expediency of providing an institution of learning, to be established in the City of Washington, for the application of the legacy bequeathed by Mr. James Smithson, of London, to the United States in trust for that purpose; also, to consider the expediency of a charter for such an institution; together with the powers and privileges which, in their opinion, the said charter ought to confer; also, to consider the expediency of ways and means to be provided by Congress, other than said legacy, but in addition thereto, and in aid of said benevolent intention; and to report by bill or bills, or otherwise. Ordered, That Mr. Robbins, Mr. Preston, Mr. Rives, Mr. Buchanan, Mr. · Benton, Mr. Southard, and Mr. Bayard, be the committee on the part of the Senate. On motion by Mr. Lumpkin, Ordered, That when the Senate adjourn it be to Monday next. The Senate proceeded to consider, as in Committee of the Whole, the bill (S. 79) for the relief of James H. Clark; and, On motion by Mr. King, Ordered, That it be recommitted to the Committee on Naval Affairs. The Senate resumed the consideration of the bill (S. 1) providing for the reduction and graduation of the price of the public lands. On the question to concur in the following amendment: SEC. 2. And be it further enacted, That the right of entry at the prices reduced by the foregoing section, shall be limited to those who are now, or who may hereafter become, actual settlers, or who may own, reside upon, and cultivate adjoining lands; and the person applying to make any such entry, under this act, shall file an affidavit, under such regulations as the Secretary of the Treasury may prescribe, that such applicant is, at the time, or intends in good faith to become, an actual settler on the land proposed to be entered, or some part thereof, or that he owns, resides upon, and cultivates adjoining lands; and that such applicant makes the entry in his own name, for his own benefit, and not in trust for another : It was determined in the affirmative, Nays On motion by Mr. Clay, of Kentucky, 25, 16. The yeas and nays being desired by one-fifth of the Senators present, Those who voted in the affirmative are, Messrs. Allen, Benton, Buchanan, Clay, of Alabama, Foster, Fulton, Hubbard, King, Linn, Lumpkin, Lyon, Mouton, Niles, Norvell, Pierce, Robinson, Sevier, Smith, of Connecticut, Smith, of Indiana, Tipton, Walker, White, Williams, of Maine, Williams, of Mississippi, Young. Those who voted in the negative are, Messrs. Calhoun, Clay, of Kentucky, Crittenden, Davis, Knight, McKean, Prentiss, Preston, Rives, Roane, Robbins, Ruggles, Southard, Strange, Swift, Wall. So the amendment was concurred in. On the question to concur in the following amendment: SEC. 3. And be it further enacted, That, when any of the public lands of the United States have remained unsold for the space of fifteen years after the termination of the public sales, the same may be entered and purchased by actual settlers, on the following terms and conditions, to wit : |