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: It was determined in the negative, Nays On motion by Mr. Morris, 21, 23. The yeas and nays being desired by one-fifth of the Senators present, Those who voted in the affirmative are, Messrs. Allen, Bayard, Clay, of Kentucky, Crittenden, Foster, Lumpkin, McKean, Merrick, Morris, Mouton, Nicholas, Norvell, Preston, Robinson, Ruggles, Sevier, Smith, of Indiana, Tipton, Walker, White, Young. Those who voted in the negative are, Messrs. Benton, Brown, Buchanan, Clay, of Alabama, Fulton, Hubbard, King, Knight, Linn, Niles, Pierce, Prentiss, Rives, Roane, Robbins, Smith, of Connecticut, Southard, Strange, Swift, Wall, Williams, of Maine, Williams, of Mississippi, Wright. So the amendment was not concurred in. The amendment, to add a fourth section to the bill, was then disagreed to. On motion by Mr. Rives, That the bill be postponed indefinitely, A motion was made by Mr. Morris that the Senate adjourn; and It was determined in the affirmative, Yeas Nays On motion by Mr. Clay, of Alabama, 25, 22. The yeas and nays being desired by one fifth of the Senators present, Those who voted in the affirmative are, Messrs. Bayard, Brown, Calhoun, Clay, of Kentucky, Crittenden, Davis, Foster, Knight, Lumpkin, McKean, Merrick, Morris, Prentiss, Preston, Rives, Roane, Robbins, Ruggles, Smith, of Indiana, Southard, Strange, Swift, Wall, White, Williams, of Maine. Those who voted in the negative are, Messrs. Allen, Benton, Buchanan, Clay, of Alabama, Fulton, Hubbard, King, Linn, Lyon, Mouton, Nicholas, Niles, Norvell, Pierce, Robinson, Sevier, Smith, of Connecticut, Tipton, Walker, Williams, of Mississippi, Wright, Young. So, The Senate adjourned. MONDAY, JANUARY 14, 1839. The honorable Daniel Webster, from the State of Massachusetts, and the honorable Alfred Cuthbert, from the State of Georgia, attended. The Vice President laid before the Senate the following reports: 1. A report of the Secretary of the Treasury, made agreeably to law, exhibiting the payments made at the Treasury, during the year 1838, on account of miscellaneous claims, not otherwise provided for. 2. A report of the Secretary of War, exhibiting, agreeably to law, the names and compensations of the clerks in that department, during the year 1838. 3. A report of the Secretary of War, transmitting, in compliance with a resolution of the Senate, a statement of all works for the improvement of harbors and mouths of creeks and rivers which have been upwards of three years in progress. 4. A report of the Secretary of the Navy, made agreeably to law, show ing the names of the clerks employed during the year 1838 in the offices of the Secretary of the Navy and Navy Commissioners, respecting the time each clerk was employed, and the sum paid to each. The reports were read, and ordered to be printed. The Vice President laid before the Senate a report of the Commissioner of Patents, exhibiting, agreeably to law. the patents issued and the patents which have expired during the year 1838. Ordered, That it be referred to the Committee on Patents and the Patent Office. A message from the House of Representatives, by Mr. Garland, their clerk : Mr. President: The House of Representatives have passed the following bills and resolutions, in which they request the concurrence of the Senate. H. R. 883. "An act for the relief of Messrs. Smith and Town;" H. R. 910. An act for the relief of Levi Chadwick ;" H. R. 1030. “An act to authorize the issuing of a register to Anthony C. Meneghetty, for the sloop Sarah ;" H. R. 29. "A resolution authorizing an examination and payment of the claims of the workmen upon the public buildings ;" H. R. 33. "Resolution for the relief of the heirs of Charles Brown, deceased;" H. R. 35. "Resolution for the relief of the heirs at law of Frederick M. Bell, deceased." The House of Representatives concur in 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; and have appointed Mr. John Quincy Adams, Mr. Smith, Mr. Ogle, Mr. Charles Shepherd, Mr. Holt, Mr. Thompson, Mr. Hunter, of Ohio, Mr. Kennedy, and Mr. Garland, of Virginia, the committee on their part. The President of the United States approved the 11th instant "An act (H. R. 975) 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." Mr. Brown presented resolutions passed by the General Assembly of the State of North Carolina, condemnatory of the resolution passed by the Senate of the United States, to expunge from their records a resolution they had passed; expressing the opinion that the expunging resolution should be rescinded; that the Sub-Treasury system, recommended by the Executive, would, if carried into effect, endanger public liberty, and, by uniting in one person the purse and sword, ultimately change the character of the Government; that an equitable disposition of the public lands would be promoted by a division of the proceeds arising from their sale among the States of the Union, according to the ratio of representation; that the power and patronage of the Government have increased to an alarming extent, and ought to be diminished; and declaring that the Senators of the said State in Congress will represent a majority of the people of the State, by voting to carry out the said resolutions. The resolutions were read. Ordered, That they be printed. Mr. Tallmadge presented the petition of Martin Denny and others, praying compensation for their services, in the removal of the Oneida In dians west of Missouri; which was referred to the Committee on Indian Affairs. On motion by Mr. Tallmadge, Ordered, That the petition of Timothy Powers, on the files of the last session, be referred to the Committee on Pensions. On motion by Mr. Sevier, Ordered, That the documents on the files of the last session, relating to the claim of Benjamin Murphy for remuneration for property taken by the Cherokee Indians, be referred to the Committee on Indian Affairs. Mr. Clay, of Alabama, presented the petition of John S. Wilson, praying to be allowed the right of pre-emption to a tract of land; which was referred to the Committee on Public Lands. Mr. Rives presented the memorial of Julia L. Weed, widow of E. J. Weed, late a quartermaster in the United States marine corps, praying to be allowed half the monthly pay to which her husband was entitled at the time of his decease; which was referred to the Committee on Naval Affairs. Mr. Merrick presented the memorial of the Board of Trade of the city. of Baltimore, praying the passage of an act requiring American vessels of one hundred tons and upwards to employ as part of their crew one or more boys, and the establishment of schools for the education and maintenance of boys for the merchant service; which was referred to the Committee on Commerce, and ordered to be printed. Mr. Robinson presented the petition of a number of the citizens of the State of Illinois, praying the establishment of a land office at the town of Kiskwaukee; which was referred to the Committee on Public Lands, and ordered to be printed. On motion by Mr. Ruggles, Ordered, That the petition of Noah Miller, on the files of the last ssesion, be referred to the Committee on Commerce. Mr. Young presented the petition of a number of citizens of the State of Illinois, praying the establishment of an additional land district; which was referred to the Committee on Public Lands, and ordered to be printed. On motion by Mr. Young, Ordered, That the report of the Secretary of the Treasury, in relation to the execution of the "act granting land to certain exiles from Poland," made on the 8th instant, be referred to the Committee on Public Lands. On motion by Mr. Merrick, Ordered, That the petition of the heirs of William Bayley, on the files of the last session, be referred to the Committee on Revolutionary Claims. Mr. Davis presented the memorial of the directors of the Western Railroad corporation, in the State of Massachusetts, praying an amendment of so much of the act to increase the present military establishment of the United States, passed at the last session of Congress, as prohibits the officers of the United States engineer corps from engaging in the service of incorporated companies; which was referred to the Committee on Military Affairs. Mr. King presented the petition of Françoise Dagneaux, of Alabama, praying the confirmation of her title to a tract of land; which was referred to the Committee on Private Land Claims. Mr. King submitted a document in relation to the claim of Lieutenant S. B. Thornton; which was referred to the Committee on Military Affairs. Mr. Norvell submitted the following motion; which was considered, by unanimous consent, and agreed to: Resolved, That the Committee on Military Affairs inquire into the expediency of providing by law for the payment of such of the militia of Michigan as were ordered into the service of the United States, on the requisition of the marshal of that district, for the maintenance of the neutral obligations and the laws of the United States. Mr. Norvell submitted documents in relation to the claims of the militia of Michigan; which were referred to the Committee on Military Affairs. Mr. Williams, of Maine, presented the petition of a number of citizens of the town of Brunswick, in the State of Maine, praying the adoption of measures to effect a Congress of nations, for the purpose of establishing a system of international law; which was referred to the Committee on Foreign Relations. On motion by Mr. Wright, It was agreed to reconsider the vote of the 11th instant, on concurring in the report of the Committee on Pensions on the petition of Mary W. Thompson; and Ordered, That the report lie on the table. Mr. Wright presented a memorial of Mary W. Thompson, widow of the late Lieut. Colonel Alexander R. Thompson, together with additional documents relating to her claim. Ordered, That the memorial and accompanying documents be printed. Mr. Mouton, from the Committee on Private Land Claims, to whom was referred the petition of Albin Michel, submitted a report, relating to the bill (S. 156) for the relief of the heirs of Madam De Lusser, and their legal representatives; which was read, Ordered, That it be printed. The following resolutions from the House of Representatives were severally read the first and second times, by unanimous consent, viz: H. R. 33. Resolution for the relief of the heirs of Charles Brown, deceased; H. R. 35. Resolution for the relief of the heirs at law of Capt. Frederick M. Bell, deceased. Ordered, That they be severally referred to the Committee on Revolutionary Claims. The bill (H. R. 910) for the relief of Levi Chadwick, was read the first and second times, by unanimous consent, and referred to the Committee on Revolutionary Claims. The resolution (H. R. 29) authorizing an examination and payment of the claims of the workmen upon the public buildings, was read the first and second times, by unanimous consent, and referred to the Committee on Public Buildings. The bill (H. R. 883) for the relief of Messrs. Smith and Town, was read the first and second times, by unanimous consent, and referred to the Committee on Finance. The bill (H. R. 1030) to authorize the issuing of register to Anthony C. Meneghetty, for the sloop Sarah, was read the first and second times, by unanimous consent, and referred to the Committee on Commerce. Mr. Walker, from the Committee on Public Lands, to whom the following bills were referred : S. 191. Bill for the relief of James Dutton; S. 175. Bill for authorizing the Portage Canal Company to enter, at the Government price, certain lands at the Wisconsin and Fox river portage, in the Territory of Wisconsin; reported them, severally, without amendment. Mr. Walker, from the Committee on Public Lands, to whom was referred (S. 97) a bill granting to the Galena and Chicago Union Railroad Company the right of way over the public lands of the United States, and for other purposes, reported it with an amendment; which was read. Mr. Walker, from the Committee on Public Lands, to whom was referred a bill (S. 173) to amend an act entitled "An act to authorize the State of Tennessee to issue grants and perfect titles to certain lands therein described, and to settle the claims to the vacant and unappropriated lands within the same," passed the 18th day of April, 1806, reported it without amend ment. Mr. Walker, from the Committee on Public Lands, to whom the following bills were referred : S. 95. A bill establishing a surveyor general's office for the State of Illinois; S. 143. A bill providing for the establishment of the Peoria land district, in Illinois; reported the bills without amendment; and that they ought not to pass. Mr. Clay, of Alabama, from the Committee on Public Lands, reported a bill (S. 192) for the discontinuance of the office of Surveyor General in the several districts, so soon as the surveys therein can be completed, for abolishing land offices under certain circumstances, and to abolish the of fice of Solicitor of the Land Office; which was read, and passed to the second reading. Mr. Clay, of Alabama, from the Committee on Public Lands, to whom was referred the bill (S. 168) supplemental to the act entitled "An act to grant pre-emption rights to settlers on the public lands," approved June 22, 1838, reported it without amendment. Mr. Clay, of Alabama, from the Committee on Public Lands, to whom was referred the bill (S. 117) for the relief of Jane Waller, reported it without amendment. Mr. Clay, of Alabama, from the Committee on Public Lands, to whom was referred the bill (S. 118) for the relief of Benjamin Parsons, reported it with an amendment; which was read. On motion by Mr. King, Ordered, That the Committee on Commerce be discharged from the further consideration of resolutions of the General Assembly of Illinois, in relation to a survey of the northern and western lakes. Mr. Pierce, from the Committee on Pensions, to whom was referred the petition of Amasa Brown, reported: "That the prayer of the petitioner ought not to be granted." Mr. Pierce, from the Committee on Pensions, to whom was referred the petition of John R. Midwinter, reported: "That the prayer of the petitioner ought not to be granted." Agreeably to notice, Mr. Foster aked and obtained leave to bring in a bill (S. 193) for the relief of Andrew J. Johnson and Samuel M. Love; which was read the first and second times, by unanimous consent, and referred to the Committee of Claims. Agreeably to notice, Mr. Preston asked and obtained leave to bring in a bill for the relief of the heirs at law of John De Treville, deceased; which |