2D SESS.] Civil and Diplomatic Appropriations. to insist on its disagreement, they might recede. If they receded, the amendment would then be open to amendment, precisely as it was before the original disagreement. The question would then be restored to the precise condition in which it was before the House disagreed to the Senate's amendments. [MARCH, 1849. Mr. WENTWORTH asked the yeas and nays, which were ordered. The question was taken and decided in the affirmative-yeas 187, nays 19. So the amendment of Mr. MOREHEAD to the Senate's amendment was agreed to. Mr. THOMPSON, (his right to the floor having Mr. McCLERNAND moved that the House re-been sustained by the Speaker,) remarking that cede from its disagreement to the amendment he intended to detain the House but a very few of the Senate; and he demanded the pre-moments, proceeded to say, that he had labored vious question, and the yeas and nays on his motion. The previous question was seconded, and the main question was ordered, (being upon the motion to recede.) Mr. PETTIT asked the yeas and nays; which were ordered, and being taken, were: yeas 110, nays 107. So the House voted to recede. with great assiduity to effect a settlement, by compromise, of this difficult question, that had been exciting so much, and which was, perhaps, now threatening, the integrity and safety of the union of these States. He now addressed himself to northern men and to southern men; and if he knew himself, he had no sectional feelings in what he had to say. The true substantial question now presented to the Mr. MOREHEAD, who said that it was ap- consideration of the House was this: to the parent to the House that it was indispensably civil and diplomatic appropriation bill the necessary that they should do something in Senate had made an amendment providing relation to this particular subject, that was for the establishment of a government in Calicontested by the different sections of the coun-fornia, in which there were certain provisions, try. He had been the most of this day en- which provisions were found embraced in sevgaged upon the Committee of Conference be-eral statutory laws of the United States. Two tween the two Houses, and he had endeavored faithfully and honestly to hit upon some common ground on which they could adjust this question. He thought he had attained that object. He desired to offer an amendment striking out that part of the Senate's amendment in relation to "west of the Rio Grande," and to insert a proviso, which he understood would be satisfactory to those most deeply and vitally interested—at least a portion of themto the effect that nothing in this act should affect in any way the question of the boundary of the State of Texas. Strike out "west of the Rio Grande," and add: Provided, That nothing in this act shall affect in any way the question of the boundary of the State of Texas. The question was taken by tellers, (Messrs. WENTWORTH and MOREHEAD,) and decided in the affirmative-ayes 106, noes 101. So there was a second to the previous question. And the question "Shall the main question be now taken?" was put and decided in the affirmative-yeas 110, nays 101. So the main question was ordered. The SPEAKER stated that the question was on agreeing to the Senate's amendment, proposed by the gentleman from Kentucky. A conversation arose, participated in by several gentlemen, upon points of order. An appeal was taken by Mr. COBB, of Georgia, from the Speaker's decision as to the pending question, but was subsequently withdrawn. amendments had been ordered in the Senate, and the third had been reported by the Committee of Ways and Means of the House of Representatives. Neither of these amendments had been adopted; and it was perfectly manifest, that unless something was done by way of compromise, they would leave this Hall at twelve o'clock to-night under a state of excitement that would pervade all parts of the Union. He proposed a substitute for the amendment of the Senate, which (after a statement of its provisions) he sent up to the Clerk's table, where it was read, as follows: he hereby is authorized to hold possession of and occupy the territories ceded by Mexico to the United States by the treaty of the 2d of February, eighteen hundred and forty-eight; and that he be, and hereby is, authorized for that purpose, and in order to maintain the authority of the United States, and preserve peace and order, in said territories, to employ such parts of the army and navy of the United States as he may deem necessary, and that the Constitution of the United States, so far as the same is applicable, be extended over said territo That the President of the United States be, and ries. SEC. 2. And be it further enacted, &c., That until the fourth day of July, eighteen hundred and fifty, unless Congress shall sooner provide for the Government of said territories, the existing laws thereof shall be retained and observed, and that the said territories shall be vested in, and exercised by, civil and judicial authority heretofore exercised in United States shall appoint and direct, to the end such person or persons as the President of the that the inhabitants of said territories may be protected in the full and free enjoyment of their liberty, property, and religion: Provided nevertheless, That martial law shall not be proclaimed or declared in Adjournment, said territories, or either of them, nor any military court established or instituted, except ordinary courts-martial for the trial of persons belonging to the army and navy of the United States; and the imprisonment of any citizen of said territories for debt is hereby forbidden. SEC. 3. And be it further enacted, &c., That to enable the President to carry into execution the provisions of this act, the sum of two hundred thousand dollars is hereby appropriated, out of any money in the treasury not otherwise appropriated. The yeas and nays were asked and ordered, and being taken, were-yeas 111, nays 105. So the amendment was agreed to. The question then recurred on agreeing to the amendment of the Senate as amended. The yeas and nays were asked and ordered; and being taken, were-yeas 110, nays 104. So the House agreed to the amendment of the Senate as amended. On motion of Mr. VINTON, the House receded from all its disagreements to the other amend ments of the Senate to the said bill. Mr. COCKE moved a reconsideration of the motion, and that that motion be laid on the table. Ordered accordingly. A message was received from the President, by J. KNOX WALKER, Esq., his Private Secretary, notifying the House that he had approved and signed the civil and diplomatic appropriation bill, and the bill extending the revenue laws of the United States over Upper California. Adjournment. [30TH CONG. services, which you have placed upon the records within a few hours past. Such a resolution, I need not say, is the most precious testimonial which any presiding officer can receive, and affords the richest remuneration for any labor which it may have cost. It did not require, however, this formal tribute at your hands, to furnish me with an occasion of grateful acknowledgment to you all. I am deeply sensible, that no intentions however honest, and no efforts however earnest, could have carried me safely and successfully through with the duties which have been imposed upon me, had I not been seconded and sustained, from first to last, by your kind co-operation and friendly forbearance. I beg you, then, to receive my most hearty thanks, not merely for so generous an appreciation of my services, but for the uniform courtesy and confidence which you have manifested towards me during my whole official term, and by which you have done so much to lighten the labors and relieve the responsibilities which are inseparable from the Chair of this House. deavored, to the best of my ability, to fulfil the I can honestly say, gentlemen, that I have enpledges with which I entered upon this arduous cult duties without partiality and without prejudice. station, and to discharge its complicated and diffiNor am I conscious of having given just cause of imputation or offence to any member of the House. If there be one, however, towards whom I have seemed, at any moment, to exhibit any thing of injustice or any thing of impatience, I freely offer him the only reparation in my power, in this public expression of my sincere regret. We have been associated, gentlemen, during a most eventful period in the history of our country and of the world. It would be difficult to designate another era in the modern annals of mankind, which has been signalized by so rapid a succession of startling political changes. Mr. ROCKWELL, of Connecticut, from the Joint Committee appointed to wait upon the President, reported that the committee had have almost everywhere else been shaken, that while Let us rejoice that while the powers of the earth performed that duty, and that the President more than one of the mightiest monarchies and had stated that he had no further communica-stateliest empires of Europe have tottered or have tion to make to Congress. Mr. KAUFMAN (at seven o'clock on Sunday morning) moved that the House adjourn sine die; which motion was agreed to. The SPEAKER then rose, and addressed the House as follows: Gentlemen of the House of Representatives : The hour has arrived which terminates our relations to the country, and our relations to each other, as members of the Thirtieth Congress; and you have already pronounced the word which puts an end at once to my vocation and to your own. But neither the usage of the occasion, nor my own feelings, will allow me to leave the Chair, without a word of acknowledgment, and a word of farewell to those with whom I have been so long associated, and by whom I have been so highly honored. Certainly, gentlemen, I should subject myself to a charge of great ingratitude, were I not to thank you for the resolution in reference to my official fallen, our own American Republic has stood firm, Let us rejoice at the evidence which has thus been furnished to the friends of liberty throughout the world, of the inherent stability of institutions which are founded on the rock of a written constitution, and which are sustained by the will of a free and intelligent people. And let us hope and trust-as I, for one, most fervently and confidently do that, by the blessing of God upon prudent, conciliatory, and patriotic counsels, every cause of domestic dissension and fraternal discord may be speedily done away, and that the States and the people, whose Representatives we are, may be bound together forever in a firm, cordial, and indissoluble union. Offering once more to you all my most grateful acknowledgments of your kindness, and my best wishes for your individual health and happiness, I proceed to the performance of the only duty which remains to me, by announcing, as I now do, That the House of Representatives of the United States stands adjourned, sine die. 1ST SESS.] Preliminary Proceedings. [DECEMBER, 1849. THIRTY-FIRST CONGRESS.-FIRST SESSION. BEGUN AT THE CITY OF WASHINGTON, DECEMBER 3, 1849. PROCEEDINGS AND DEBATES IN THE SENATE AND HOUSE OF REPRESENTATIVES.* IN SENATE. MONDAY, December 3, 1849. The First Session of the Thirty-First Congress commenced this day, conformably to the Constitution of the United States, at the Capitol, in the city of Washington. LIST OF MEMBERS OF THE SENATE. Maine.-Hannibal Hamlin, James W. Bradbury. New Hampshire.-John P. Hale, Moses Norris, Jr. Massachusetts.-Daniel Webster, John Davis. Rhode Island.-Albert C. Greene, John H. Clarke, Connecticut.-Roger S. Baldwin, Truman Smith. Vermont.-Samuel S. Phelps, William Upham. New York.-Daniel 8. Dickinson, William H. Seward. New Jersey.-William L. Dayton, Jacob W. Miller. Pennsylvania.-Daniel Sturgeon, James Cooper. Delaware.-John Wales, Presley Spruance. Maryland.-David Stewart, James A. Pearce. Virginia.-James M. Mason, Robert M. T. Hunter. North Carolina.-Willie P. Mangum, George E. Badger. South Carolina.-John C. Calhoun, Arthur P. Butler. Georgia.-John M. Berrien, William C. Dawson, Kentucky.-Joseph R. Underwood, Henry Clay. Tennessee.-Hopkins L. Turney, John Bell. Ohio.-Thomas Corwin, Salmon P. Chase. Louisiana.-Solomon W. Downs, Pierre Soulé. Indiana.-Jesse D. Bright, James Whitcomb. Mississippi.-Jefferson Davis, Henry 8. Foote. Illinois.-Stephen A. Douglas, James Shields. Alabama.-Jeremiah Clemens, William R. King. Missouri.-Thomas H. Benton, David R. Atchison, Arkansas.-William K. Sebastian, Solon Borland, Florida.-David L. Yulee, Jackson Morton. Michigan.-Lewis Cass, Alpheus Felch. Teras.-Thomas J. Rusk, Sam Houston. Wisconsin.-Henry Dodge, Isaac P. Walker. Iowa.-George W. Jones, Augustus C. Dodge, Forty-one Senators appeared in their seats. The Hon. MILLARD FILLMORE, Vice President of the United States and President of the Senate, took the chair. Mr. UNDERWOOD presented the credentials of the Hon. HENRY CLAY, elected a Senator by the Legislature of Kentucky for the term of LIST OF MEMBERS OF THE HOUSE OF REPRESENTATIVES. Maine.-Thomas J. D. Fuller, Elbridge Gerry, Rufus K. Goodenow, Nathaniel S. Littlefield, John Otis, Cullen Sawtelle, Charles Stetson. New Hampshire.-Harry Hibbard, Charles H. Peaslee, Amos Tuck, James Wilson. Vermont.-William Hebard, William Henry, James Meacham, Lucius B. Peck. Massachusetts.-Charles Allen, George Ashmun, James H. Duncan, Orin Fowler, Joseph Grinnell, Daniel P. King, Horace Mann, Julius Rockwell, Robert C. Winthrop→ vacancy. Rhode Island.-Nathan F. Dixon, George G. King. Connecticut.-Walter Booth, Thomas B. Butler, Chauncey F. Cleveland, Loren P. Waldo. New York.-Henry P. Alexander, George R. Andrews, Henry Bennett, David A. Bokee, George Briggs, James Brooks, Lorenzo Burrows, Charles E. Clarke, Harmon S. Conger, William Duer, Daniel Gott, Herman D. Gould, Ransom Halloway, William T. Jackson, John A. King, Preston King, Orsamus B. Matteson, Thomas McKissock, William Nelson, J. Phillips Phoenix, Harvey Putnam, Gideon Reynolds, Elijah Risley, Robert L. Rose, David Rumsey, Jr., William A. Sackett, Abraham M. Schermerhorn, John L. Schoolcraft, Peter H. Silvester, Elbridge G. Spaulding, John R. Thurman, Walter Underhill, Hiram Walden, Hugh White. New Jersey.-Andrew K. Hay, James G. King, William A. Newell, John Van Dyke, Isaac Wildrick. Pennsylvania.-Chester Butler, Samuel Calvin, Joseph Casey, Joseph R, Chandler, Jesse C. Dickey, Milo M. DECEMBER, 1849.] Election of Speaker. six years, commencing the fourth day of March, 1849; which were read, and the oath prescribed by law was administered to Mr. CLAY, and he took his seat in the Senate. Mr. MANGUM presented the credentials of the Hon. JAMES SHIELDS, of Illinois, elected a Senator by the Legislature of Illinois for the term of six years, commencing on the fourth day of March, 1849; which were read, and the oath prescribed by law was administered to Mr. SHIELDS, and he took his seat in the Senate. On motion of Mr. STURGEON, ordered that the Secretary of the Senate acquaint the House of Representatives that a quorum of the Senate has assembled, and that the Senate is ready to proceed to business. Mr. DODGE, of Iowa, submitted the following resolution, which was considered by unanimous consent, and agreed to: Resolved, That each Senator be supplied during the present session with newspapers, as heretofore, not exceeding the cost of four daily newspapers. On motion of Mr. MANGUM, the Sentate adjourned. HOUSE OF REPRESENTATIVES. MONDAY, December 3. Pursuant to the provision of the Constitution of the United States, which declares that "Congress shall assemble at least once in every year, Dimmick, John Freedley, Alfred Gilmore, Moses Hampton, John W. Howe, Lewis C. Levin, Job Mann, James X. McLanahan, Henry D. Moore, Henry Nes, Andrew J. Ogle, Charles W. Pitman, Robert R. Reed, John Robbins, Jr., Thomas Ross, Thaddeus Stevens, William Strong, James Thompson, David Wilmot. Delaware,-John W. Houston. Maryland.-Richard I. Bowie, Alexander Evans, William T. Hamilton, Edward Hammond, John B. Kerr, Robert M. McLane. Virginia.-Thomas H. Averett, Thomas H. Baly, James M. H. Beale, Thomas S. Bocock, Henry A. Edmundson, Thomas S. Haymond, Alexander R. Halladay, James McDowell, Fayette McMullen, Richard K. Meade, John S. Millson, Jeremiah Morton, Richard Parker, Paulus Powell, James A. Seddon, North Carolina.-William S. Ashe, Joseph P. Caldwell, Thomas L. Clingman, John R. J. Daniel, Edmund De. berry, David Outlaw, Augustine H. Shepperd, Edward Stanly, Abraham W. Venable. South Carolina.-Armistead Burt, William F. Colcock, Isaac E. Holmes, John McQueen, James L. Orr, Daniel Wallace, Joseph A. Woodward. Georgia.-Howell Cobb, Thomas C. Hackett, Hugh A, Haralson, Thomas Butler King, Allen F. Owen, Alexander H. Stephens, Robert Toombs, Marshall J. Wellborn. Alabama.-Albert J. Alston, Franklin W. Bowdon, Williamson R. W. Cobb, Sampson W. Harris, Henry W. Hilliard, David Hubbard, Samuel W. Inge. Mississippi.-Albert G. Brown, Winfield S. Featherston, William McWillie, Jacob Thompson. [31ST CONG. and such meeting shall be on the first Monday in December, unless they shall, by law, appoint a different day," the House of Representatives assembled this day. Precisely at the hour of twelve, meridian, the House was called to order by THOMAS J. CAMPBELL, Esq., Clerk of the House of Representatives of the 30th Congress. And, agreeably to usage, the Clerk proceeded to call the roll of Members in the order of the States and Territories. Before doing so, he stated that, in discharging this duty, he should call the names of such members as, from prima facie evidence before him, he was satisfied had been elected. The roll having been called, it appeared that 223 Members had answered to their names. The CLERK having announced that a majority of the whole number of Members elected had answered to their names, Mr. BOYD moved that the House do now proceed to the election of Speaker, viva voce. No objection having been made The House proceeded to the election of a Speaker. The CLERK announced the following Members as tellers to count the vote: Mr. HILLIARD, of Alabama; Mr. STRONG, of Pennsylvania; Mr. DUER, of New York; Mr. MILLER, of Ohio. The roll having been called in alphabetical order, the following was declared to be the result of the ballot : Cartter, Moses B. Corwin, John Crowell, David T. Disney, Nathan Evans, Joshua R. Giddings, Moses Hoagland, William F. Hunter, John K. Miller, Jonathan D. Morris, Edson B. Olds, Emery D. Potter, Joseph M. Root, Robert C. Schenck, Charles Sweetser, John L. Taylor, Samuel F. Vinton, William A. Whittlesey, Amos E. Wood. Kentucky.-Linn Boyd, Daniel Breck, George A. Caldwell, James L. Johnson, Humphrey Marshall, John C. Mason, Finis E. McLean, Charles S. Morehead, Richard H. Stanton, John B. Thompson. Tennessee.-Josiah M. Anderson, Andrew Ewing, Meredith P. Gentry, Isham G. Harris, Andrew Johnson, George W. Jones, John H. Savage, Frederick P. Stanton, James H. Thomas, Albert G. Watkins, Christopher H. Williams. Indiana.-Nathaniel Albertson, William J. Brown, Cyrus L. Dunham, Graham N. Fitch, Willis A. Gorman, Andrew J. Harlan, George W. Julian, Joseph E. McDonald, Edward W. McGaughey, John L. Robinson. Illinois.-Edward D. Baker, William H. Bissell, Thomas L. Harris, John A. McClernand, William A. Richardson, John Wentworth, Timothy R. Young. Missouri.-William V. N. Bay, James B. Bowlin, James S. Green, Willard P. Hall, John S. Phelps. Arkansas.-Robert W. Johnson. Michigan.--Kinsley S. Bingham, Alexander W. Buel, William Sprague. Florida.-E. Carrington Cabell. Teras.-Volney E. Howard, David S. Kaufman. Wisconsin.-Orsamus Cole, James D. Doty, Charles Louisiana.-Charles M. Conrad, John H. Harmanson, Durkee. Emile La Sère, Isaac E. Morse. Ohio.-Joseph Cable, Lewis D. Campbell, David K. Oregon.-S. R. Thurston. Minnesota.-Henry H. Sibley. The roll was then called a second time, when the tellers reported that the whole number of votes given was 221; necessary to a choice 111; of which Mr. Cobb, of Georgia, received. Mr. Wilmot Mr. Gentry Mr. Horace Mann Mr. James Thompson Mr. Cleveland 102 96 8 6 2 1 1 1 1 221 The roll was then called a third time, when the tellers reported that the whole number of votes given was 221; necessary to a choice 111; of which Mr. Cobb, of Georgia, received. Mr. Wilmot TUESDAY, December 4. At 12 o'clock, M., the House was called to order by THOMAS J. CAMPBELL, Esq, Clerk of the House of Representatives of the 30th Congress. The Journal of yesterday was read and approved. Vote for Speaker. Mr. BOYD, of Kentucky, moved that the House do now proceed to ballot for Speaker. (Several Voices: Vote-not ballot.) Mr. WHITE said he would like to understand that question. Mr. BOYD said he intended, of course, that the House should vote, according to usage, viva voce. The question was then taken, and decided in the affirmative, without a division. So the House again proceeded to vote for Speaker. Mr. HILLIARD, of Alabama; Mr. STRONG, of Pennsylvania; Mr. DUER, of New York; and Mr. MILLER, of Ohio, resumed their seats at the Clerk's table as tellers to count the vote. The roll was called for the fifth time, when the tellers reported that the whole number of votes given in was 224; necessary to a choice 113; of which- · Mr. Cobb, of Georgia, received. 102 96 10 6 102 96 1 |