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sume exclusive jurisdiction over the disputed territory, all of which, they firmly believe, rightfully belongs to the State of Maine, the exigency, in the opinion of the Senate, will then have occurred, rendering it the imperative duty of the President, under the constitution and the laws, to call forth the militia, and employ the military force of the United States, for the purpose of repelling such an invasion. And, in this event, the Senate will cordially co-operate with, and sustain the President, in defending the rights of the country.

4. Resolved, That should the British authorities refrain from attempting a military occupation of the territory in dispute, and from enforcing their claim to exclusive jurisdiction over it by arms, that then, in the opinion of the Senate, the State of Maine ought, on her part, to pursue a course of similar forbearance. And should she refuse to do so, and determine to settle the controversy for herself, by force, the adjustment of which is intrusted, under the constitution, to the Federal Government, in such an event there will be no obligation imposed on that Government to sustain her by military aid.

On motion by Mr. Clay, of Kentucky,

Ordered, That they be made the special order of the day for to-morrow. On motion by Mr. Wright,

Ordered, That the Senate take a recess until 5 o'clock in the evening.

FIVE O'CLOCK IN THE EVENING.

Mr. Benton submitted the following motion for consideration; which was ordered to be printed:

Resolved, That the President of the United States be requested to cause to be laid before the Senate, at the commencement of the next session of Congress, reports upon the military and naval defences of the country, showing

First. The fortifications or other permanent defences commenced, completed, projected, or deemed necessary, 1st. For the northern frontier, from Lake Superior to Passamaquoddy bay. 2d. For the maritime frontier, from Passamaquoddy bay to Cape Florida. 3d. The gulf frontier, from Cape Florida to the Sabine bay. 4th. The western frontier, from the Sabine bay to Lake Superior; with a conjectural estimate of the probable expense of constructing, or completing, such works as may not yet have been completed or commenced.

Second. The state of the armament of the fortifications, so far as the same may be completed or commenced; with a conjectural estimate of the expense of completing the armament of all the forts which may be commenced, or deemed necessary to be constructed.

Third. The armories, arsenals, magazines, and foundries, either constructed or deemed necessary; with a conjectural estimate of the expense of constructing such of said establishments as may not yet be completed or commenced, but which may be deemed necessary.

Fourth. The floating or steam batteries or vessels which have been constructed in aid of fortifications, or may be deemed necessary to be constructed in aid of such works; with a conjectural estimate of the expense which the same may require.

Fifth. The ships of war built or under construction, or deemed necessary to be built; with a conjectural estimate of the expense of building and arm

ing the vessels not yet completed or commenced, or which may be deemed necessary, within a reasonable time.

Sixth. The navy yards, docks, and naval establishments of any kind, either constructed or commenced, or deemed necessary, with the probable expense of completing the same; with any other information or suggestions which the President may deem necessary to be communicated to Congress, in order to exhibit a full view of what is necessary to be done, and the probable cost thereof, to place the United States in a proper state of defence, by land and water, and on each of the four great lines of defence. which her frontiers present.

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

Mr. President: The House of Representatives have passed the following bills; in which they request the concurrence of the Senate:

H. R. 892. "An act making an appropriation for the protection of the northern frontier of the United States;"

H. R. 1090. “An act making appropriations for preventing and suppressing Indian hostilities for the year 1839."

The bills from the House of Representatives were severally read the first and second times, by unanimous consent.

Ordered, That the bill (H. R. 892) making an appropriation for the protection of the northern frontier of the United States be referred to the Committee on Military Affairs.

Ordered, That the bill (H. R. 1090) making appropriations for preventing and suppressing Indian hostilities for the year 1839, be referred to the Committee on Indian Affairs.

The Senate proceeded to consider, as in Committee of the Whole, the bill (H. R. 982) to revive and extend "An act to authorize the issuing of Treasury notes to meet the current expenses of the Government," approved the twenty-first of May, 1838; and no amendment being made thereto, it was reported to the Senate.

Ordered, That it pass to a third reading.

The said bill was read a third time.

Resolved, That this bill pass.

Ordered, That the Secretary notify the House of Representatives accordingly.

The Senate resumed, as in Committee of the Whole, the bill (H. R. 897) making appropriations for the support of the army for the year 1839.

On motion by Mr. Benton,

To amend the bill, by inserting the following as an additional section : SEC. 5. And be it further enacted, That the following sums be, and the same are hereby, appropriated, to be paid out of any money in the Treasury, not otherwise appropriated, viz :

For the preservation and repair of Fort Niagara, thirty thousand dol

lars;

For repairing and rebuilding the old fort at Oswego, including the construction of the necessary barracks, twenty thousand dollars;

For barracks and other buildings at Sackett's Harbor, ten thousand dollars;

For barracks and other buildings at Plattsburg, twenty thousand dollars;

For the works at the outlet of Lake Champlain, fifty thousand dollars; For the construction of barracks, quarters, store houses, and stables, and

the necessary defences of the posts already occupied, or such additional posts as may be deemed proper:

Yeas

It was determined in the negative, Nays

On motion by Mr. Linn,

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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, Benton, Davis, Fulton, Knight, Linn, Merrick, Mouton, Norvell, Prentiss, Robinson, Sevier, Swift, Tallmadge, Webster, Young. Those who voted in the negative are,

Messrs. Brown, Calhoun, Clay, of Alabama, Foster, Hubbard, King, Morris, Nicholas, Niles, Preston, Roane, Sinith, of Connecticut, Smith, of Indiana, White, Williams, of Maine, Williams, of Mississippi.

So the proposed amendment was rejected.

On motion by Mr. Davis,

To amend the bill by inserting the following:

For the reimbursement of such sums of money as have been found due to the State of Massachusetts by the Secretary of War, under the provisions of an act of Congress, approved the 31st day of May, A. D. 1830, entitled "An act to authorize the payment of the claim of the State of Massachusetts for certain services of her militia during the late war," two hundred and seventy-two thousand seven hundred and sixteen dollars and fourteen Yeas

cents:

It was determined in the negative, {ays

On motion by Mr. Davis,

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17,

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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. Davis, Foster, Knight, Merrick, Niles, Prentiss, Preston, Robbins, Robinson, Ruggles, Smith, of Indiana, Swift, Tallmadge, Webster, White, Williams, of Maine, Young.

Those who voted in the negative are,

Messrs. Allen, Benton, Brown, Buchanan, Calhoun, Clay, of Alabama, Cuthbert, Fulton, Hubbard, King, Morris, Mouton, Nicholas, Pierce, Roane, Smith, of Connecticut, Williams, of Mississippi, Wright.

So the amendment was not agreed to.

On motion by Mr. Ruggles,

To amend the bill, by inserting the following as an additional section: And be it further enacted, That the sum of two hundred thousand dollars, out of any money in the Treasury not otherwise appropriated, be, and the same hereby is, appropriated to defray the expenses of erecting military works at the head waters of the Penobscot river; also, on the waters of the Kennebeck; also, on the head waters of the St. Croix; also, at Eastport and Bangor, and on the Penobscot, opposite Bucksport; all in the State of Maine:

It was determined in thenegative, {

On motion by Mr. Ruggles,

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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. Benton, Davis, Fulton, Knight, Linn, Lyon, Pierce, Robbins, Ruggles, Tallmadge, Webster, White, Young.

Those who voted in the negative are,

Messrs. Allen, Brown, Buchanan, Calhoun, Clay, of Alabama, Crittenden, Cuthbert, Foster, Hubbard, King, Nicholas, Niles, Roane, Robinson, Smith, of Connecticut, Smith, of Indiana, Swift, White, Williams, of Mississippi, Wright.

The bill, having been further amended, was reported to the Senate :

On motion by Mr. Davis,

To amend the bill by inserting the following:

"For the re-imbursement of such sums of money as have been found due to the State of Massachusetts by the Secretary of War, under the provisions of an act of Congress approved the 31st day of May, A. D. 1830, entitled An act to authorize the payment of the claim of the State of Massachusetts for certain services of her militia during the late war,' two hundred and seventy-two thousand seven hundred and sixteen dollars and fourteen cents:"

It was determined in the affirmative, {eas

On motion by Mr. Davis,

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

19, 16.

Messrs. Bayard, Clayton, Crittenden, Davis, Foster, Knight, Linn, Merrick, Norvell, Prentiss, Preston, Robbins, Ruggles, Smith, of Indiana, Swift, Tallmadge, Webster, White, Williams, of Maine.

Those who voted in the negative are,

Messrs. Allen, Benton, Calhoun, Clay, of Alabama, Cuthbert, Fulton, Hubbard, King, Lyon, Nicholas, Niles, Roane, Smith, of Connecticut, Williams of Mississippi, Wright, Young.

So,

The amendment was agreed to.

On motion by Mr. Ruggles,

To amend the bill, by inserting the following as an additional section : "And be it further enacted, That the sum of two hundred thousand dollars, out of any money in the Treasury not otherwise appropriated, be, and the same hereby is, appropriated to defray the expenses of erecting military works at the head waters of the Penobscot river; also on the head waters of the Kennebeck; also on the head waters of the St. Croix river ; also at Eastport, and at Bangor, and on the Penobscot, opposite Bucksport, all in the State of Maine:"

It was determined in the negative, Nays (Yeas

On motion by Mr. Ruggles,

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13, 19.

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

Messrs. Benton, Davis, Fulton, Knight, Linn, Lyon, Norvell, Pierce, Robbins, Ruggles, Tallmadge, Webster, Williams, of Maine.

Those who voted in the negative are,

Messrs. Allen, Buchanan, Calhoun, Clay, of Alabama, Clayton, Cuthbert, Hubbard, King, Merrick, Nicholas, Niles, Roane, Robinson, Smith, of Connecticut, Smith, of Indiana, White, Williams, of Mississippi, Wright, Young.

So the amendment was disagreed to.

On motion by Mr. Fulton,

To amend the bill by inserting the following as an additional section :

"And be it further enacted, That the following sum be, and the same is hereby, appropriated, to be paid out of any money in the Treasury not otherwise appropriated, for the construction of barracks, quarters, storehouses, hospitals, and stables, and the necessary defences of the posts already occupied, or such additional posts as it may be deemed proper to establish for the better protection of the western frontier, one hundred and twenty thousand dollars :"

It was determined in the negative,

Yeas
Nays

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

12, 21.

Messrs. Benton, Clayton, Fulton, Linn, Norvell, Robinson, Ruggles, Smith, of Indiana, Tallmadge, Webster, White, Young.

Those who voted in the negative are,

Messrs. Allen, Buchanan, Calhoun, Clay, of Alabama, Cuthbert, Davis, Foster, Hubbard, King, Lyon, Merrick, Nicholas, Niles, Pierce, Prentiss, Roane, Smith, of Connecticut, Swift, Williams, of Maine, Williams, of Mississippi, Wright.

No further amendment being made,

Ordered, That the amendments be engrossed, and the bill read a third time.

The Senate proceeded to consider the following bills, as in Committee of the Whole:

H. R. 395. “An act for the relief of the Springfield Manufacturing Company;"

H. R. 273. "An act for the relief of John H. Pease;"

H. R. 275. “An act for the relief of Frederick Frey and Company;" H. R. 238. "An act for the relief of John Davlin ;"

H. R. 352. "An act for the relief of certain heirs and legal representatives of James Wilson, late of the town of Alexandria, in the District of Columbia :"

H. R. 247. "An act for the relief of Thomas T. Treplett ;" and having been severally amended, they were reported to the Senate, and the amendments were concurred in.

Ordered, That the amendments be engrossed, and the bills read a third

time.

The Senate proceeded to consider the following resolutions and bills, as in Committee of the Whole :

H. R. 35. "Resolution for the relief of the heirs at law of Captain Frederick M. Bell, deceased;"

H. R. 33. "Resolution for the relief of the heirs of Charles Brown, deceased:"

H. R. 371. “ An act for the relief of Archibald R. S. Hunter;"

H. R. 470. "An act for the relief of the Louisville Savings Institution ;" H. R. 508. “An act authorizing a grant of bounty land to the heirs of Bennett Sheerley;"

H. R. 616. "An act for the relief of the legal representatives of Charles S. Walsh:"

H. R. 1030. "An act to authorize the issuing of a register to Anthony C. Meneghetty, for the sloop Sarah ;"

H. R. 526. "An act for the relief of John Randolph Clay ;"

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