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execution or superintendence of any of the public works, shall take any part in the business of electioneering, nor attempt to control or influence the votes of other men in the election of any public functionary, whether of the General or State Governments; and every person offending therein shall be forthwith removed from office by the President of the United States, upon his receiving satisfactory information or evidence of said offence: Provided, however, That this act shall not be considered as applying to any postmaster or deputy postmaster whose salary, or the income of whose office, does not amount to so much as two hundred dollars :" It was determined in the negative,

On motion by Mr. Foster,

Nays
Yeas

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

18,

25.

Messrs. Bayard, Calhoun, Clay, of Kentucky, Clayton, Crittenden, Davis, Foster, Knight, Merrick, Prentiss, Preston, Rives, Robbins, Ruggles, Smith, of Indiana, Swift, Tallmadge, White.

Those who voted in the negative are,

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

On motion by Mr. Tallmadge,

To amend the bill by striking out all after the enacting clause, and inserting the following: "That from and after the first day of April, in the year 1839, no marshal or deputy marshal, or postmaster or deputy postmaster, no receiver or register of a land office, or any of their deputies or clerks, no surveyor general of the public lands, or any of his deputies or assistants, no collector, surveyor, naval officer of a port, weigher, gauger, appraiser, inspector, or other officer or person whatsoever concerned or em ployed in the charging, collecting, levying, or managing the customs, or any branch or part thereof, no engineer, officer, or agent employed or concerned in the execution or superintendence of any of the public works, shall pay or advance, directly or indirectly, any money towards the election of of any public functionary, whether of the General or State Government; and every person offending therein shall be forthwith removed from office by the President of the United States, upon his receiving satisfactory information or evidence of said offence: Provided, however, That this act shall not be considered as applying to any postmaster or deputy postmaster whose salary, or the income of whose office, does not amount to so much as two hundred dollars :"

It was determined in the negative,

On motion by Mr. Tallmadge,

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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, Crittenden, Davis, Foster, Merrick, Prentiss, Preston, Rives, Robbins, Ruggles, Smith, of Indiana, Swift, Tallmadge, White.

Those who voted in the negative are,

Messrs. Allen, Benton, Brown, Clay, of Alabama, Clayton, Cuthbert,. Fulton, Hubbard, King, Linn, Lyon, Mouton, Nicholas, Niles, Norvell,

Pierce, Roane, Robinson, Sevier, Smith, of Connecticut, Walker, Wall, Williams, of Maine, Williams, of Mississippi, Wright, Young.

On motion by Mr. Rives,

That the bill be recommitted to a Select Committee, with instructions to report by bill or otherwise, in conformity to the principles contained in the following preamble and resolutions:

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"Whereas, the constitutional remedy by the elective principle becomes nothing, if it may be smothered by the enormous patronage of the General Government; and whereas, also, freedom of election is essential to the mutual independence of the State and Federal Governments, and of the different branches of the same Governments, so vitally cherished by American institutions:'

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Resolved, therefore, That, in the opinion of the Senate, it is highly 'improper for officers, depending on the Executive of the Union, to attempt to control or influence the free exercise of the elective right!

"Resolved, also, That measures ought to be adopted by Congress, so far as their constitutional powers may extend, to restrain, by law, all interference of Federal officers with elections, otherwise than by giving their

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On motion by Mr. Clay, of Alabama,

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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. Crittenden, Davis, Foster, Knight, Merrick, Prentiss, Preston, Rives, Ruggles, Smith, of Indiana, Swift, Tallmadge, White.

Those who voted in the negative are,

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

No amendment being made to the bill, it was reported to the Senate.
On the question, "Shall this bill be engrossed, and read a third time?"
Yeas
It was determined in the negative, Nes

On motion,

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

Messrs. Crittenden, Foster, Merrick, Preston, White.
Those who voted in the negative are,

5,

28.

Messrs. Allen, Benton, Brown, Calhoun, Clay, of Alabama, Cuthbert, Fulton, Hubbard, King, Knight, Linn, Lyon, Mouton, Nicholas, Niles, Norvell, Pierce, Roane, Robinson, Sevier, Smith, of Connecticut, Smith, of Indiana, Walker, Wall, Williams, of Maine, Williams, of Mississippi, Wright, Young.

So the bill was rejected.

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 to Congress copies of various other documents received from the Governor of Maine, relating to the dispute between that State and the

Province of New Brunswick, which formed the subject of my message of the 26th instant; and, also. a copy of a memorandum signed by the Secretary of State of the United States and her Britannic Majesty's Envoy Extraordinary and Minister Plenipotentiary near the United States, of the terms upon which it is believed that all hostile collision can be avoided on the frontier, consistently with, and respecting, the claims on either side. As the British Minister acts without specific authority from his Government, it will be observed that this memorandum has but the force of recommendation on the provincial authorities and on the Government of the State. M. VAN BUREN.

WASHINGTON, February 27, 1839.

The message and the accompanying documents were read. Ordered, 'That they be referred to the Committee on Foreign Relations, and printed; and that five thousand additional copies be printed for the use of the Senate.

A message from the House of Representatives, by Mr. Burch:

Mr. President: The House of Representatives have passed a bill (H. R. 981) making appropriations for the civil and diplomatic expenses of Government for the year 1839; in which they request the concurrence of the Senate.

The bill from the House of Representatives (H. R. 981) last brought for concurrence, was read the first and second times, by unanimous consent, and referred to the Committee on Finance.

The bill (S. 247) for the relief of Samuel Mackay was read the second time, and considered, as in Committee of the Whole; and no amendment being made thereto, it was reported to the Senate.

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

The following bills having been reported by the committee correctly engrossed, were severally read a third time:

S. 127. A bill for the relief of James H. Ralston;

S. 247. A bill for the relief of Samuel Mackay;

S. 304. A bill authorizing the erection of certain light-houses and lightboats, and the establishment of certain buoys and beacon-lights.

Resolved, That the said bills pass, and that their respective titles be as aforesaid.

Ordered, That the Secretary request the concurrence of the House of Representatives therein.

The bill (S. 245) to authorize the Secretary of the Treasury to compromise with John W. Kearney and William McFarlane and their securities the claims of the United States upon the said firm, was read the second time, and considered, as in Committee of the Whole; and no amendment being made thereto, it was reported to the Senate.

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

On motion,

The Senate adjourned.

THURSDAY, FEBRUARY 28, 1839.

The President pro tempore laid before the Senate the following reports: 1. A report of the Secretary of War, made in compliance with a resolu

tion of the Senate of the 12th instant, relating to contracts for furnishing Indians with supplies.

2. A report of the Secretary of War, made in compliance with a resolution of the Senate of the 23d January, relating to the individuals employed in carrying into effect the treaties with the Cherokees of 1835.

3. A report of the Secretary of the Treasury, made in compliance with a resolution of the Senate of the 21st instant, in relation to drafts on the deposite banks.

The reports were read, and severally ordered to be printed.

Mr. McKean presented fourteen petitions from a number of the inhabitants of the city of Philadelphia; five petitions from a number of the inhabitants of Montgomery county, Pennsylvania; two petitions from a number of the inhabitants of Bucks county, Pennsylvania; two petitions from a number of the inhabitants of Delaware county, Pennsylvania; the petition of a number of the inhabitants of Susquehannah county, Pennsylvania; the petition of a number of the inhabitants of Lancaster county, Pennsyl vania; and the petition of a number of the inhabitants of Chester county, Pennsylvana, severally praying the abolition of slavery in the District of Columbia and in the Territories of the United States, and the suppression of the slave-trade between the several States; also, ten petitions from a number of the inhabitants of the city of Philadelphia; two petitions from a number of the inhabitants of Montgomery county, Pennsylvania; the petition of a number of the inhabitants of Bucks county, Pennsylvania; and the petition of a number of the inhabitants of Delaware county, Pennsylvania, severally praying that no new State may be admitted into the Union whose constitution tolerates domestic slavery.

A motion being made that the petitions be received,

On motion by Mr. Clay, of Alabama,

Ordered, That the motion to receive the petitions lie on the table.

Mr. Williams, of Mississippi, presented a resolution passed by the Legislature of the State of Mississippi, instructing the Senators and requesting the Representatives of the said State in Congress to use their exertions to procure the establishment of a mail route; which was ordered to be printed.

The President pro tempore laid before the Senate the following reports: 1. A report from the Secretary of the Treasury, accompanied by a communication of the Commissioner of the General Land Office, and a letter from the register and receiver of the district of St. Stephens.

2. A report of the Secretary of the Treasury, made agreeably to law, showing the operations of the mint.

The reports were read, and ordered to be printed.

Mr. Sevier, from the Committee on Indian Affairs, to whom was referred the bill (H. R. 1112) for the relief of the Brothertown Indians, in the Territory of Wisconsin, reported it without amendment.

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

H. R. 1018. "An act for the relief of Chauncey Calhoun;"

H. R. 803. "An act for the relief of Ira Kelly and Datus Kelly;"

H. R. 1008. "An act for the relief of Henry Grady, of Macon county, North Carolina ;"

H. R. 807. "An act for the relief of John Jones, and Charles Souder, and Robinson, Carr, & Company;" reported them, severally, without amend

ment.

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

H. R. 1074. "An act for the relief of Charles Benns;"

H. R. 1009. "An act for the relief of the legal representatives of John Addoms;" reported them, severally, without amendinent; and that they ought not to pass.

On motion by Mr. Hubbard,

Ordered, That the Committee of Claims be discharged from the further consideration of the petition of Gilbert Stalker and N. B. Hill.

Mr. Williams, of Mississippi, from the Committee on Pensions, to whom the following bills were referred:

H. R. 1046. "An act for the relief of John Keeler;"

H. R. 944. "An act for the relief of John Smith;"

H. R. 994. "An act for the relief of William Andrews, of the State of New York;"

H. R. 1003. “An act granting a pension to Gilbert Sprague Fish ;” reported them, severally, without amendment; and that they ought not to pass.

Mr. Williams, of Mississippi, from the Committee on Pensions, to whom whom was referred the bill (H. R. 948) granting a pension to William Ford, of the State of Virginia, reported it without amendment.

On motion by Mr. Robinson,

Ordered, That the Committee on the Post Office and Post Roads be dis-charged from the further consideration of the following subjects: Petition of citizens of Knox county, Illinois;

Petition of the citizens of Green county, Illinois;

Petition of a number of citizens of New Hampshire;

Petition of a number of the citizens of Mississippi;

Petition of a number of the citizens of Schuyler county,

Illinois;

Petition of a number of the citizens of Rockbridge county, Virginia;
Petition of a number of the citizens of Illinois;

Petition of James B. Howe and O. C. Ward;

Petition of a number of the citizens of Bureau county, Illinois;

Petition of a number of the citizens of Bentonville, Arkansas;

Three petitions of a number of the citizens of Green county, Illinois;

Petition of a number of the citizens of Kent and Ottawa counties, Michigan;

Three petitions of citizens of Illinois;

Petition of a number of citizens of Burlington, Iowa;

Petition of J. B. Patterson and others;

Memorial of a number of practising physicians in the State of Pennsylvania;

Document on the subject of reducing and equalizing letter postage;
Resolution of the Legislature of Arkansas;

Petition of Truman Hastings and others;

Resolution of the Senate of the 21st December, 1838, on the subject of a mail route;

Resolution of the Senate of the 4th of January, 1839, on the obstructions in transporting the mail;

Resolution of the Senate of the 5th of January, respecting a proposed mail route; and from all other subjects which have not been reported on. On motion by Mr. Nicholas,

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