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of lands in any of the territories aforesaid has been made since the thirteenth day of May, one thousand eight hundred and forty-six;" And it was determined in the negative, Nays............ Those who voted in the affirmative are,

S Yeas

....

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32

Messrs. Badger, Baldwin, Bell, Berrien, Butler, Clarke, Corwin, Crittenden, Dayton, Greene, Johnson, of Maryland, Johnson, of Georgia, Miller, Pearce, Spruance, Underwood, Upham.

Those who voted in the negative are,

Messrs Allen, Ashley, Atchison, Atherton, Benton, Bradbury, Breese, Bright, Calhoun, Cass, Davis, of Massachusetts, Davis, of Mississippi, Dickinsin, Dix, Douglas, Downs, Felch, Foote, Hale, Houston, Hunter, Lewis, Mangum, Mason, Moor, Niles, Rusk, Sevier, Sturgeon, Turney, Westcott, Yulee.

The question then recurring on striking out the remaining part of the tenth article;

On motion by Mr. Bell,

The Senate adjourned.

FRIDAY, MARCH 3, 1848.

The Senate, as in Committee of the Whole, resumed the consideration of the treaty of peace, friendship, limits, and settlement between the United States of America and the Mexican republic; and the question recurring on striking out the remaining part of the tenth article.

After debate,

The question was stated, "Shall these words stand as part of the treaty?" to wit:

"All grants of land made by the Mexican government, or by the competent authorities in territories previously appertaining to Mexico and remaining for the future within the limits of the United States, shall be respected as valid to the same extent that the same grants would be valid if the said territories had remained within the limits of Mexico;"

S Yeas

And it was determined in the negative, {es

Nays.........

19

33

Those who voted in the affirmative are, Messrs. Ashley, Badger, Baldwin, Berrien, Butler, Clarke, Clayton, Corwin, Crittenden, Dayton, Greene, Hale, Johnson, of Maryland, Johnson, of Louisiana, Mangum, Miller, Pearce, Spruance, Upham.

Those who voted in the negative are,

Messrs. Allen, Atchison, Atherton, Bagby, Bell, Benton, Bradbury, Breese, Bright, Calhoun, Cass, Dickinson, Dix, Douglas, Downs, Felch, Foote, Hannegan, Houston, Hunter, Johnson, of Georgia, Lewis, Mason, Moor, Niles, Phelps, Rusk, Sevier, Sturgeon, Turney, Underwood, Westcott, Yulee.

On motion, by Mr. Breese,

To strike out of the eleventh article the. following words, to wit:

"Nor to provide such Indians with firearms or ammunition, by sale or othewise."

After debate,

The question was stated, "Shall these words stand as part of the eleventh article?"

And it was determined in the negative,

Yeas

....

...

20

29

Those who voted in the affirmative are, Messrs. Ashley, Atherton, Bagby, Bell, Butler, Cass, Dickinson, Dix, Foote, Hale, Johnson, of Maryland, Johnson, of Louisiana, Johnson, of Georgia, Mangum, Mason, Miller, Moor, Sevier, Sturgeon, Turney.

Those who voted in the negative are,

Messrs. Allen, Atchison, Badger, Baldwin, Benton, Berrien, Bradbury, Breese, Bright, Calhoun, Corwin, Crittenden, Davis, of Massachusetts, Davis, of Mississippi, Douglas, Downs, Felch, Hannegan, Houston, Hunter, Lewis, Niles, Phelps, Rusk, Spruance, Underwood, Webster, Westcott, Yulee.

On motion, by Mr. Rusk,

To strike out of the eleventh article the following words, to wit: "And in the event of any person or persons captured within Mexican territory by Indians, being carried into the territory of the United States, the government of the latter engages and binds itself in the most solemn manner, so soon as it shall know of such captives being within its territory, and shall be able so to do, through the faithful exercise of its influence and power, to rescue them and return them, to their country, or deliver them to the agent or representative of the Mexican government. The Mexican , authorities will, as far as practicable, give to the government of the United States notice of such captures; and its agent shall pay the expenses incurred in the maintenance and transmission of the rescued captives, who in the mean time shall be treated with the utmost hospitality by the American authorities at the place where they may be. But if the government of the United States, before receiving such notice from Mexico, should obtain intelligence through any other channel of the existence of Mexican captiveswithin its territory, it will proceed forthwith to effect their release and delivery to the Mexican agent, as above stipulated.

"For the purpose of giving to these stipulations the fullest. possible efficacy, thereby affording the security and redress demanded by their true spirit and intent, the government of the United States will now and hereafter pass, without unnecessary delay, and always vigilantly enforce, such laws as the nature of the subject may require; and, finally, the sacredness of this obligation shall never be lost sight of by the said government, when providing for the removal of the, Indians from any portion of the said territories, or for its being settled by citizens of the United States; but, on the contrary, special care shall then be taken not to place its Indian occupants under the necessity of seeking new homes, by committing those invasions which the United States have solemnly obliged themselves to restain."

After debate,

The question was stated, "Shall these words stand as part of the eleventh article?"

And it was determined in the affirmative,

S Yeas...
Nays..........

39

12

Those who voted in the affirmative are, Messrs. Ashley, Atchison, Atherton, Bagby, Baldwin, Bell, Bradbury, Breese, Bright, Butler, Calhoun, Cass, Crittenden, Davis, of Massachusetts, Dayton, Dickinson, Dix, Downs, Felch, Foote, Greene, Hale, Hannegan, Hunter, Johnson, of Maryland, Johnson, of Georgia, Mangum, Mason, Miller, Moore, Niles, Phelps, Sevier, Spruance, Sturgeon, Turney, Underwood, Upham, Yulee. Those who voted in the negative are,

Messrs. Allen, Badger, Benton, Berrien, Corwin, Davis, of Mississippi, Douglas, Houston, Lewis, Rusk, Webster, Westcott.

On motion, by Mr. Douglas,

To strike out of the eleventh article the following words, to wit: "Considering that a great part of the territories which, by the present treaty, are to be comprehended for the future within the limits of the United States, is now occupied by savage tribes, who will hereafter be under the exclusive control of the government of the United States, and whose incursions within the territory of Mexico would be prejudicial in the extreme; it is solemnly agreed that all such incursions shall be forcibly restrained by the government of the United States whensoever this may be necessary; and that when they cannot be prevented they shall be punished by the said government, and satisfaction for the same shall be exacted: all in the same way, and with equal diligence and energy, as if the same incursions were meditated or committed within its own territory against its own citizens."

After debate,

The question was stated, "Shall these words stand as part of the eleventh article?"

Yeas

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And it was determined in the affirmative, Nays..........

47

5

Those who voted in the affirmative are, Messrs. Ashley, Atchison, Atherton, Badger, Bagby, Baldwin, Bell, Berrien, Bradbury, Breese, Bright, Butler, Calhoun, Cass, Corwin, Crittenden, Davis, of Massachusetts, Davis, of Mississippi, Dayton, Dickinson, Dix, Downs, Felch, Foote, Greene, Hale, Hannegan, Houston, Hunter, Johnson, of Maryland, Johnson, of Louisiana, Johnson, of Georgia, Mangum, Mason, Miller, Moor, Niles, Phelps, Rusk, Sevier, Spruance, Sturgeon, Turney, Underwood, Upham, Webster, Yulee.

Those who voted in the negative are,

Messrs. Allen, Benton, Douglas, Lewis, Westcott.

On motion by Mr. Sevier,

To strike out the additional and secret article of the treaty. The question was stated, "Will the Senate advise and consent to the ratification of this article ?"

"

Yeas

And it was determined in the negative, {es..

Those who voted in the affirmative are,
Messrs. Baldwin and Johnson, of Maryland.
Those who voted in the negative are,

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Messrs. Allen, Ashley, Atchison, Atherton, Badger, Bagby, Bell, Benton, Berrien, Bradbury, Breese, Bright, Butler, Calhoun, Cass, Corwin, Crittenden, Davis, of Massachusetts, Davis, of Mississippi, 'Dickinson, Dix, Douglas, Downs, Felch, Foote, Greene, Hale, Hannegan, Houston, Hunter, Johnson, of Louisiana, Johnson, of Geor gia, Lewis, Mangum, Mason, Moor, Niles, Phelps, Rusk, Sevier, Spruance, Sturgeon, Turney, Underwood, Upham, Webster, Westcott, Yulee. On motion by Mr. Berrien, The Senate adjourned.

SATURDAY, March 4, 1848.

The Senate, as in Committee of the Whole, resumed the consideration of the treaty of peace, friendship, limits, and settlement be tween the United States of America and the Mexican republic.

On motion by Mr. Westcott,

To strike out of the fifteenth article the following words, to wit: "To an amount not exceeding three and one quarter millions of dollars."

The question was stated, "Shall these words stand as part of the fifteenth article?".

Yeas

....

And it was determined in the affirmative, {es..

41

9

Those who voted in the affirmative are, Messrs. Ashley, Atherton, Bagby, Baldwin, Bell, Benton, Berrien, Bradbury, Breese, Bright, Butler, Calhoun, Cass, Clarke, Crittenden, Davis, of Massachusetts, Dayton, Dickinson, Dix, Downs, Felch, Foote, Greene, Hale, Hannegan, Hunter, Johnson, of Maryland, Johnson, of Georgia, Lewis, Mason, Miller, Moor, Niles, Pearce, Phelps, Sevier, Spruance, Sturgeon, Turney, Underwood, Yulee.

Those who voted in the negative are,

Messrs. Badger, Corwin, Davis, of Mississippi, Houston, Johnson, of Louisiana, Mangum, Rusk, Upham, Westcott.

On motion by Mr. Douglas,

To strike out of the fourth article the following words, to wit: "It is also agreed, that if any Mexicans should now be held an captives by any savage tribe within the limits of the United States, as about to be established by the following article, the government of the said United States will exact the release of such captives, and cause them to be restored to their country."

After debate,

The question was stated "Shall these words stand as part of the fourth article ?"

S Yeas

And it was determined in the affirmative, Nays..

Those who voted in the affirmative are,

39.

10.

Messrs. Ashley, Atherton, Badger, Bagby, Baldwin, Bell, Breese, Bright, Butler, Calhoun, Cass, Corwin, Crittenden, Davis, of Massachusetts, Davis, of Mississippi, Dayton, Dix, Downs, Felch, Foote, Greene, Hale, Hannegan, Hunter, Johnson, of Maryland, Johnson, of Louisiana, Mangum, Mason, Miller, Moor, Niles, Pearce, Phelps, Sevier, Sturgeon, Turney, Underwood, Upham, Yulee.

Those who voted in the negative are,

Messrs. Allen, Benton, Clarke, Dickinson, Douglas, Houston, Johnson, of Georgia, Lewis, Rusk, Westcott.

On motion of Mr. Davis, of Mississippi,

To strike out of the fifth article the following words, to wit: "And no change shall ever be made therein, except by the express and free consent of both nations, lawfully given by the general government of each, in conformity with its own constitution." After debate,

The question was stated, "Shall these words stand as part of the fifth article?"

es

...

42

11

And it was determined in the affirmative, Those who voted in the affirmative are, Messrs. Ashley, Atherton, Badger, Bagby, Baldwin, Bell, Berrien, Bradbury, Bright, Butler, Calhoun, Cass, Clarke, Corwin, Crittenden, Davis, of Massachusetts, Dayton, Dix, Downs, Felch, Foote, Greene, Hale, Hannegan, Hunter, Johnson, of Maryland, Johnson, of Louisiana, Johnson, of Georgia, Mangum, Mason, Miller, Moor, Niles, Pearce, Phelps, Rusk, Sevier, Spruance, Sturgeon, Turney, Underwood, Upham.

Those who voted in the negative are,

Messrs. Allen, Atchison, Benton, Breese, Davis, of Mississippi, Dickinson, Douglas, Houston, Lewis, Westcott, Yulee.

On motion by Mr. Davis, of Mississippi,

"To strike out of the twenty-second article the following words,,

to wit:

"Upon the entrance of the armies of either nation into the territories of the other, women and children, ecclesiastics, scholars of every faculty, cultivators of the earth, merchants, artisans, manufacturers, and fishermen, unarmed and inhabiting unfortified towns, villages, or places, and in general all persons whose occupations. are for the common subsistence and benefit of mankind, shall be allowed to continue their respective employments, unmolested in their persons. Nor shall their houses or goods be burnt or otherwise destroyed, nor their cattle taken, nor their fields wasted by the arined force into whose power, by the events of war, they may happen to fall; but if the necessity arise to take any thing from them for the use of such armed force, the same shall be paid for at an equitable price. All churches, hospitals, schools, colleges, libraries, and other establishments for charitable and beneficent pur

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