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was read the first and second times, by unanimous consent, and referred to the Committee on Revolutionary Claims.

The Senate proceeded to consider the resolution reported by the Committee on the District of Columbia on the memorial of the corporate authorities of Georgetown, in the District of Columbia; and, in concurrence therewith,

Resolved, That the prayer of the memorial be rejected.

The Senate proceeded to consider the report of the Committee on the Post Office and Post Roads on the petition of Jesse Smith; and, in concurrence therewith,

Resolved, That the prayer of the petitioner ought not to be granted.

The Senate resumed the consideration of the bill (S. 1) providing for the reduction and graduation of the price of the public lands.

On motion by Mr. Rives,

That the further consideration of the bill be postponed indefinitely,

It was determined in the negative, {Nes,

On motion by Mr. Walker,

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

23

27

Messrs. Bayard, Calhoun, Clay, of Kentucky, Crittenden, Davis, Knight, McKean, Merrick, Morris, Prentiss, Preston, Rives, Roane, Robbins, Ruggles, Southard, Spence, Strange, Swift, Tallmadge, Wall, Webster, Williams, of Maine.

Those who voted in the negative are,

Messrs. Allen, Benton, Buchanan, Clay, of Alabama, Cuthbert, Foster, Fulton, Hubbard, King, Linn, Lumpkin, Lyon, Mouton, Nicholas, Niles, Norvell, Pierce, Robinson. Sevier, Smith, of Connecticut, Smith, of Indiana, Tipton, Walker, White, Williams, of Mississippi, Wright, Young. A motion being made by Mr. Morris to amend the bill,

On motion by Mr. Southard,

The Senate adjourned.

TUESDAY, JANUARY 15, 1839.

Mr. Tallmadge presented the petition of Alfred Vail and others, praying to be allowed to import, free of duty, the necessary materials for the construction of an electro-magnetic telegraph; which was referred to the Committee on Finance.

Mr. Tallmadge presented the petition of Catharine Hood, widow of a revolutionary soldier, praying a pension; which was referred to the Committee on Pensions.

On motion by Mr. Tallmadge,

Ordered, That the petition of A. D. Ostrander, on the files of the last session, be referred to the Committee on Naval Affairs.

Mr. Williams, of Maine, presented the petition of John Phinney, a soldier in the revolutionary army, praying to be allowed arrears of pension; which was referred to the Committee on Pensions.

On motion by Mr. Hubbard,

Ordered, That the petition of Pacificus Ord, on the files of the last session, be referred to the Committee of Claims.

Mr. Williams, of Maine, from the Committee on Pensions, to whom was

referred the bill (H. R. 961) for the relief of Bradbury T. Jipson, reported it without amendment.

The Senate proceeded to consider the said bill, as in Committee of the Whole; and no amendment being proposed, the bill was reported to the Senate.

Ordered, That it pass to a third reading.

On motion of Mr. Hubbard,

Ordered, That the Committee of Claims be discharged from the further consideration of the petition of J. L. Lyon; and from the further consideration of the memorial of Susan Trigg.

Mr. Southard, from the Committee on Naval Affairs, to whom the subject was referred, reported a bill (S. 195) for the relief of the legal representatives of Henry Eckford, deceased; which was read, and passed to the second reading.

Mr. Southard, from the Committee on Naval Affairs, to whom the subject was referred, reported a bill (S. 196) for the relief of Andrew Armstrong; which was read, and passed to the second reading.

Mr. Tipton, from the Committee of Claims, to whom the following bills were referred:

S. 190. A bill for the relief of Samuel Ferguson;

S. 119. A bill for the relief of William Bennett;

S. 120. A bill for the relief of David McNair ;

S. 125. A bill for the relief of Jacob Hanks; reported them, severally, without amendment.

Mr. Tipton, from the Committee of Claims, to whom the following bills were referred :

S. 124. A bill for the relief of Dennis Quinlivan ;

S. 126. A bill for the relief of Alfred Westfall; reported them, severally, without amendment; and that the said bills ought not to pass.

On motion by Mr. Tipton,

Ordered, That the Committee of Claims be discharged from the further consideration of resolutions passed by the General Assembly of Georgia, relating to property destroyed by the troops of the United States; and that the resolutions be referred to the Committee on Indian Affairs.

Mr. Knight, from the Committee on the Post Office and Post Roads, to whom was referred the petition of Ira Day, submitted a report, accompanied by a bill (S. 197) for his relief.

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

Ordered, That the report be printed.

Mr. Fulton, from the Committee on the Public Buildings, reported a bill (S. 198) providing for the erection of a fire proof building for the use of the General Post Office Department; which was read, and passed to the second reading.

Mr. Fulton, from the Committee on the Public Buildings, to whom was referred a resolution (H. R. 29) authorizing an examination and payment of the workmen upon the public buildings, reported it without amend

ment.

On motion of Mr. Young,

Ordered, That the Committee of Claims be discharged from the further consideration of the petition of John Elliott.

Mr. Mouton, agreeably to notice, asked and obtained leave to bring in a bill (S. 199) to confirm certain land claims in the Greensburgh land district,

State of Louisiana; which was read the first and second times, by unanimous consent, and referred to the Committee on Private Land Claims.

The Senate proceeded to consider the report of the Committee on the Post Office and Post Roads on the petition of the Taunton Branch Railroad Company; and, in concurrence therewith,

Resolved, That the prayer of the petition ought not to be granted. The Senate proceeded to consider the report of the Committee on Pensions on the petition of Amasa Brown; 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 on Pen-. sions on the petition of John R. Midwinter; and, in concurrence therewith,

Resolved, That the prayer of the petitioner ought not to be granted.

Mr. Young submitted the following motion; which was considered, by unanimous consent, and agreed to.

Resolved, That the Committee on Public Lands be instructed to inquire into the expediency of authorizing and requiring the registers and receivers of the United States land offices, in their offices respectively, to administer oaths, in all cases, where by law, or the regulation of the Treasury or Land Office Department, affidavits are required to be made previous to the purchase or entry of any tract of land, without any fee or extra compensation for such service.

The Senate proceeded to consider, as in Committee of the Whole, the bill (S. 78) to amend an act entitled "An act to establish a criminal court in the District of Columbia," approved July 7, 1838, together with the amendment reported thereto.

On motion by Mr. White,

To amend the reported amendment, by striking out the following section:

SEC. 11. And be it further enacted, That the said judge of the criminal court shall hereafter receive the same compensation for his services that is now paid to a judge of the circuit court for the said District,

It was determined in the affirmative,

On motion by Mr. Norvell,

Yeas
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, Brown, Calhoun, Clay, of Alabama, Davis, Hubbard, King, Knight, Lumpkin, Lyon, Morris, Mouton, Nicholas, Niles, Norvell, Pierce, Prentiss, Robbins, Smith, of Connecticut, Smith, of Indiana, Strange, Swift, Tipton, Walker, White, Williams, of Maine, Williams, of Mississippi, Wright.

Those who voted in the negative are,

Messrs. Bayard, Benton, Buchanan, Clay, of Kentucky, Crittenden, Cuthbert, Fulton, Linn, Merrick, Preston, Roane, Robinson, Ruggles, Sevier, Southard, Spence.

The reported amendment having been amended,

On motion by Mr. Morris,

Ordered, That the bill lie on the table.

A message from the House of Representatives, by Mr. Garland, their clerk :

Mr. President: The House of Representatives have passed the bill from

the Senate (S. 26) to amend an act entitled "An act to require the judge of the district of East and West Tennessee to hold a court at Jackson, in said State," approved June 18th, 1838, with amendments; in which they request the concurrence of the Senate.

They have passed a resolution concerning the Smithsonian bequest; in which they request the concurrence of the Senate.

The Senate resumed the consideration of the bill (S. 1) providing for the reduction and graduation of the price of the public lands; and, After debate,

On motion by Mr. Bayard,

That the Senate adjourn,

It was determined in the negative, {

On motion by Mr. Walker,

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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. Bayard, Calhoun, Clay, of Kentucky, Crittenden, Davis, Knight, Linn, Merrick, Frentiss, Preston, Rives, Roane, Robbins, Ruggles, Smith, of Indiana, Southard, Spence, Strange, Swift, Tallmadge, Tipton, Wall, White.

Those who voted in the negative are,

Messrs. Allen, Benton, Brown, Buchanan, Clay, of Alabama, Cuthbert, Fulton, Hubbard, King, Lumpkin, Lyon, Morris, Mouton, Nicholas, Niles, Norvell, Pierce, Robinson, Sevier, Smith, of Connecticut, Walker, Williams, of Maine, Williams, of Mississippi, Wright, Young.

On motion by Mr. Morris,

To amend the bill by adding the following section:

SEC. And be it further enacted, That when the quantity of public lands within the limits of any State shall be found to be, or shall hereaf ter become, less than two millions of acres, the right and title of the United States to the whole of such lands shall be ceded to, and vest in, such State, subject to be sold or otherwise disposed of by such State, for its own exclusive use and benefit; and the President of the United States is hereby required to execute to such State the proper and appropriate deed of cession accordingly:

It was determined in the negative,

On motion by Mr. Allen,

Yeas

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14, 34.

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

Messrs. Allen, Benton, Clay, of Alabama, Fulton, King, Linn, Morris, Mouton, Robinson, Sevier, Walker, White, Williams, of Mississippi, Young. Those who voted in the negative are,

Messrs. Bayard, Brown, Buchanan, Calhoun, Clay, of Kentucky, Crittenden, Cuthbert, Davis, Hubbard, Knight, Lumpkin, Lyon, Merrick, Nicholas, Niles, Norvell, Pierce, Prentiss, Preston, Rives, Roane, Robbins, Rug gles, Smith, of Connecticut, Smith, of Indiana, Southard, Spence, Strange, Swift, Tallmadge, Tipton, Wall, Williams, of Maine, Wright. So the proposed amendment was disagreed to.

On motion by Mr. Ruggles,

That the Senate adjourn,

It was determined in the negative; }

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On motion by Mr. Walker,

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

Messrs. Bayard, Calhoun, Clay, of Kentucky, Crittenden, Davis, Knight, Lumpkin, Merrick, Prentiss, Preston, Rives, Roane, Robbins, Ruggles, Sonthard, Spence, Swift, Tallmadge, Wall, White, Williams, of Maine. Those who voted in the negative are,

Messrs. Allen, Benton, Brown, Buchanan, Clay, of Alabama, Cuthbert, Fulton, Hubbard, King, Linn, Lyon, Mouton, Nicholas, Niles, Norvell, Pierce, Robinson, Sevier, Smith, of Connecticut, Smith, of Indiana, Strange, Tipton, Walker, Williams, of Mississippi, Wright, Young.

A motion was then made by Mr. Tallmadge that the Senate adjourn;

and

It was determined in the affirmative, {eas

On motion by Mr. Walker,

25,

23.

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

Messrs. Bayard, Buchanan, Calhoun, Clay, of Kentucky, Crittenden, Davis, Foster, Knight, Lumpkin, Merrick, Morris, Prentiss, Rives, Roane, Robbins, Ruggles, Smith, of Indiana, Southard, Spence, Strange, Swift, Tallmadge, Wall, White, Williams, of Maine.

Those who voted in the negative are,

Messrs. Allen, Benton, Brown, Clay, of Alabama, Cuthbert, Fulton, Hub. bard, King, Linn, Lyon, Mouton, Nicholas, Niles, Norvell, Pierce, Robinson, Sevier, Smith, of Connecticut, Tipton, Walker, Williams, of Mississippi, Wright, Young,

So,

The Senate adjourned.

WEDNESDAY, JANUARY 16, 1839.

The Vice President laid before the Senate a report of the Secretary of the Navy, made agreeably to law, accompanied by a report of a survey of May river, Tybee bar, to Hunting island; which was referred to the Committee on Naval Affairs, and ordered to be printed.

Mr. Buchanan presented the memorial of M. Allen and others, praying an appropriation for the improvement of the navigation of the river Ohio; which was referred to the Committee on Roads and Canals, and ordered to be printed.

Mr. Clay, of Alabama, submitted the following motion; which was considered, by unanimous consent, and agreed to:

Resolved, That the Committee on Military Affairs be instructed to inquire into the expedieney of making further provision, by law, for the more prompt adjustment and payment of claims for horses lost in the service of the United States; and, also, into the expediency of removing the limitation fixed by the War Department, on the value of horses lost in said service.

On motion by Mr. Clay, of Alabama,

Ordered, That the report of the Secretary of War, communicated the 8th instant, in relation to the payment of the claims of the Alabama volunteers for horses lost in the service of the United States in the late campaign

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