Mr. Foster, from the Committee on Roads and Canals, reported a bill (No. 382) making appropriation for the survey of the Des Moines river, in the Territory of Iowa: which was read a first and second time, and committed to the Committee of the Whole House on the state of the Union.

Mr. William W. Campbell, from the Committee on the Library, reported a joint resolution (No. 26) for the execution of a historical painting for the rotundo: which was read a first and second time.

Mr. Stephen Adams moved that it be committed to the Committee of the Whole House on the state of the Union.

And the question being put,

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

Mace Moulton

Archibald C. Niven

Moses Norris core

Those who voted in the negative are

Mr. John Quincy Adams

Thomas Butler King
Abner Lewis
Lewis C. Levin y
William B. Maclay
John H. McHenry
Abraham R. McIlvaine
George P. Marsh
William S. Millerow
James Pollock orde
Julius Rockwell

Mr. Albert Smith, from the Committee on Private Land Claims, made an adverse report upon the case of the heirs and devisees of George Moffit: which report was laid upon the table.

Mr. White gave notice of a motion for leave to introduce a bill providing a pension for widows and orphans of persons who lost their lives, either on sea or land, while in the service of the United States during the last war with England, or any war this government has been or may be engaged in.

On motion of Mr. Thomas Butler King,

Resolved, That the Committee on the Post Office and Post Roads be instructed to inquire into the expediency of establishing a mail route from Albany, in Barker county, to Thomasville, Georgia, and thence to Tallahassee, Florida; the mail to be carried in two-horse stages.

The following petitions, memorials, and other papers, were laid on the Clerk's table, under the 24th rule of the House, to wit:

By Mr. Giddings: The petition of Isaac Cook, Peletiah Shepherd, and Benjamin A. Napier-heretofore presented December 20, 1838; with additional documents.

By Mr. Grover: A petition of Abraham C. Crandall, of Allegany county, and State of New York, praying payment for certain timber and staves lost or destroyed by order of a United States officer, at Oswego Fort, in the year 1812.

Ordered, That said petitions be referred to the Committee of Claims. By Mr. Maclay: A memorial of the Mercantile Library Association of the city of New York, praying for the passage of a joint resolution, granting to that institution copies of the journals of the Senate and House of Representatives, executive documents, and congressional debates: which was referred to the joint Committee on the Library.

By Mr. Stewart: A memorial of merchants and importers of the city of New York, remonstrating against changing the duties on manufactured silks from specific to ad valorem: which was referred to the Committee of Ways and Means.

By Mr. McCrate: The petition of John Hibbert-heretofore presented December 12, 1837; with additional documents: which were referred to the Committee on Invalid Pensions.

By Mr. Tibbatts: A memorial of Benjamin Crawford, of Alleghany city, in the State of Pennsylvania, relative to his invention of a scale by which the amount of pressure and the quantity of water contained in steam boilers can be accurately shown: which was referred to the Committee on Commerce.

By Mr. Stewart: A memorial of the trustees of the public schools of the city of Washington, in the District of Columbia, praying for the adop tion of such means as will enable the city and county to extend the blessings of intellectual and moral instruction to all classes of the community that may require it: which was referred to the Committee for the District of Columbia.

By Mr. Pendleton: A petition of Granville I. Kelly and others, heirs-atlaw of the late Major James Wright, of the county of Fauquier, in the State of Virginia, deceased, who was a captain in the Virginia line in the army of the war of the Revolution, praying for the commutation pay and interest due to their ancestor for revolutionary services: which was referred to the Committee on Revolutionary Claims.

By Mr. Augustus C. Dodge: A petition of citizens of Van Buren and Lee counties, in the Territory of Iowa, praying the establishment of a

mail route from Keokuk, in Lee county, to Keosauqua, in Van Buren county, in said Territory;

Also, a petition of citizens of Clayton county, in the Territory of Iowa, praying the establishment of a mail route from Jacksonville, in said county, to Prairie du Chien, in the Territory of Wisconsin.

Ordered, That said petitions be referred to the Committee on the Post Office and Post Roads.

By Mr. Augustus C. Dodge: Two petitions of citizens of Linn county, in the Territory of Iowa, praying an appropriation to remove the obstructions in the Des Moines and Rock River rapids, in the Mississippi river: which were referred to the Committee on Roads and Canals.

On motion of Mr. Tibbatts, the House resolved itself into the Committee of the Whole House on the state of the Union; and, after some time spent therein, the Speaker resumed the chair, and Mr. McClelland reported that the committee having, according to order, had the state of the Union generally under consideration, particularly the bill (No. 46) to provide for the continuation of the Cumberland road in the States of Ohio, Indiana, and Illinois, had directed him to report the same with an amend

ment.

The House proceeded to the consideration of the said bill; the question being on agreeing to the said amendment.

Mr. Wentworth moved the previous question.

Mr. Dromgoole moved that the said bill be laid upon the table.
And the question being put,

j Yeas,

It was decided in the negative, Nays,

The yeas and

74

84

nays being desired by one-fifth of the members present,'

Those who voted in the affirmative are—

Mr. Stephen Adams

Joseph H. Anderson

Archibald Atkinson

Asa Biggs

Charles S. Benton

James Black

James A. Black

Linn Boyd

William G. Brown

William W. Campbell

Reuben Chapman

Lucien B. Chase

William H. Brockenbrough

John S. Chipman
Henry S. Clarke
Howell Cobb
Alvan Cullom
John R. J. Daniel
Edmund S. Dargan,
Jefferson Davis
John De Mott
Paul Dillingham, jr.
James C. Dobbin
George C. Dromgoole
Robert P. Dunlap

Mr. Charles Goodyear
Samuel Gordon
Martin Grover
Hannibal Hamlin
Hugh A. Haralson
George W. Hopkins
William J. Hough
George S. Houston
Edmund W. Hubard
Orville Hungerford
James B. Hunt
Robert M. T. Hunter
Timothy Jenkins
Joseph Johnson
Andrew Johnson
George W. Jones
Seaborn Jones
Preston King
John W. Lawrence
Shelton F. Leake
Thomas W. Ligon
John H. Lumpkin
William B. Maclay
Felix G. McConnell
John D. McCrate

Those who voted in the negative are

So the House refused to lay the said bill upon the table.

Mr. Wentworth then withdrew his motion for the previous question, and claimed the floor.

Mr. Cobb rose, was recognised by the Speaker, and moved the previous question.

Mr. Hamlin moved that there be a call of the House.

Mr. Tibbatts raised the following question of order, to wit:

That Mr. Wentworth, having risen and withdrawn the previous question, held the floor, either for the purpose of offering amendments, or of addressing the House; that he had not surrendered the floor when Mr. Cobb rose and was recognised; and that the floor could not be taken from him, and given to Mr. Cobb; and, therefore, the motion of Mr. Cobb was not in order, and ought not to be entertained.

The Speaker stated that Mr. Wentworth, having the floor, withdrew the previous question, and then turned from the Speaker and walked up the aisle, upon which Mr. Cobb was recognised as entitled to the floor; and the Speaker therefore decided that Mr. Cobb was entitled to the floor. From this decision Mr. Joseph J. McDowell appealed.

And the question being put, Shall the decision of the Chair stand as the judgment of the House?

It was decided in the affirmative.

The question recurred on the motion of Mr. Hamlin that there be a call of the House.

Pending which, on motion of Mr. Tibbatts, the House, at twenty-three minutes past 3 o'clock, p. m., adjourned until to-morrow, at 11 o'clock, a. m.

TUESDAY, APRIL 7, 1846.

The House resumed the consideration of the bill (No. 46) to provide for the continuation of the Cumberland road through the States of Ohio, Indiana, and Illinois.

The question recurred on the motion of Mr. Hamlin (made yesterday, and pending when the House adjourned) that there be a call of the House; which motion was agreed to: and

The roll of members was thereupon twice called over by the Clerk: and one hundred and sixty-eight members having answered to their names, Mr. Boyd moved that further proceedings in the call be dispensed with: which motion was agreed to.

The previous question, moved yesterday by Mr. Cobb, was then seconded, and the main question was ordered and stated, viz: Will the House agree to the amendment to the said bill (No. 46) reported yesterday from the Committee of the Whole House on the state of the Union? which amendment is as follows:

That there be, and hereby is, granted to the States of Ohio, Indiana, Illinois, and Missouri, for the purpose of completing the Cumberland road in the three first named States, and to Jefferson city, in the last named, the quantity of public lands hereinafter named, lying in said States respectively, and not otherwise appropriated, to wit: To the State of Ohio, three hundred and forty-four thousand acres; to the State of Indiana, nine hundred and twenty-one thousand six hundred acres; to the State of Illinois, one million three hundred and eighty-nine thousand three hundred and sixty acres; and to the State of Missouri one million three hundred and thirty-one thousand eight hundred and thirty-two acres; which said lands hereby granted to the said States of Ohio, Indiana, Illinois, and Missouri, shall be selected by agents, to be appointed by the governors of said States respectively. And the selections, when made, shall be reported to the Commissioner of the General Land Office.

"SEC. 2. And be it further enacted, That all the lands granted by the first section of this act shall be disposed of by or under the authority of the several States respectively, and the proceeds thereof shall be exclusively applied to the completion of the Cumberland road in said States, and for no other purpose whatsoever. And whenever the President shall be notified by the governors, or by the proper authorities of the several States, (or either of them,) of their readiness to proceed to the selection of the lands hereinbefore granted, he shall cause the further sale of land in said States to be suspended until said lands are selected: Provided, That such suspension shall not continue for a longer period than three months: Provided, further, That the State of Ohio may select the whole or any part of the lands granted to said State from either of the States through which the said road is laid out, after said States shall have selected the lands granted to them by this act.

"SEC. 3. And be it further enacted, That, when the aforesaid lands shall have been selected, the Cumberland road, with all materials which may have been procured by the United States for the prosecution of the same, shall be surrendered to the said States respectively, and the entire control thereof shall thereafter be vested in said States; and said road shall be completed within eight years from the passage of this act, and, when completed, shall be free from any tolls or charges whatever for any property of the United States, or persons in their service, passing along the

same.

"SEC. 4. And be it further enacted, That in case either of the aforesaid States shall fail to complete the said road within the time specified in this act, such State so failing shall forfeit to the United States all the lands which may remain unsold, and also be holden to pay to the United States all moneys received for lands sold, and not expended in making said road as provided in this act.