second times, by unanimous consent, and, with the papers on file, referred to the Committee on Naval Affairs.

Agreeably to notice, Mr. Bagby asked and obtained leave to bring in a bill (S. 35) authorizing the payment of interest upon the advances made by the State of Alabama for the use of the United States government, in the suppression of the Creek Indian hostilities of 1836 and 1837, in Álabama: which was read the first and second times, by unanimous consent, and, with the papers on file, referred to the Committee on Finance.

Agreeably to notice, Mr. Cass asked and obtained leave to bring in a bill (S. 36) for the relief of John Stockton, late a lieutenant in the army of the United States: which was read the first and second times, by unanimous consent, and referred to the Committee on Military Affairs.

Agreeably to notice, Mr. Semple asked and obtained leave to bring in a bill (S. 37) for the relief of the heirs of James Rumsey: which was read the first and second times, by unanimous consent, and referred to the Committee on Patents and the Patent Office.

Agreeably to notice, Mr. Semple asked and obtained leave to bring in a joint resolution (S. R. 2) proposing an amendment to the constitution of the United States, in relation to the judicial power.

The said resolution was read the first and second times, by unanimous consent; and,

On motion by Mr. Semple,

Ordered, That it lie on the table.

Mr. Dix, from the Committee on Military Affairs, to whom was referred the bill (S. 13) for the relief of Mary Mac Rea, widow of Lieutenant Colonel William Mac Rea, late of the United States army, deceased, reported it without amendment.

Mr. Archer, from the Committee on Foreign Relations, to whom was referred the memorial of Joshua Dodge, reported a bill (S. 38) for his relief: which was read, and passed to the second reading.

Mr. Breese, from the Committee on Public Lands, to whom was referred the bill (S. 4) to reduce and graduate the price of public lands, and for other purposes, reported it without amendment.

Mr. Ashley, from the Committee on Public Lands, to whom was referred the bill (S. 3) to establish a permanent general pre-emption system in favor of actual settlers on the public lands, reported it without amend

ment.

Mr. Woodbridge, from the Committee on Public Lands, to whom the following bills were referred:

S. 9. A bill to apply certain alternate sections of the public domain towards the completion of works of internal improvement in the State of Michigan, and for other purposes;

S. 10. A bill to establish a land office in the northern part of Michigan, and to provide for the sale of mineral lands in the State of Michigan and Territory of Wisconsin;

reported the same without amendment.

The Senate proceeded to consider the resolution submitted by Mr. Barrow, the 21st instant, in relation to the return of Santa Anna to Mexico; and, On motion by Mr. Sevier,

Ordered, That the further consideration thereof be postponed to Tues. day, the 4th of January next.

On motion by Mr. Johnson, of Louisiana,

Ordered, That the President of the Senate supply the vacancies in the Committee of Claims; and

Mr. Butler and Mr. Phelps were accordingly appointed.

A message from the House of Representatives, by Mr. French, their Clerk:

Mr. President: The House of Representatives have passed a bill (H. R. 528) granting a pension to Patrick Kelley; also a bill (H. R. 557) for the admission of the State of Iowa in the Union; in which they request the concurrence of the Senate.

The bill (H. R. 528) granting a pension to Patrick Kelley, was read the first and second times by unanimous consent.

Ordered, That it be referred to the Committee on Pensions.

The bill (H. R. 557) for the admission of the State of Iowa into the Union, was read the first and second times by unanimous consent. Ordered, That it be referred to the Committee on the Judiciary. After the consideration of Executive business,

The Senate adjourned.

WEDNESDAY, DECEMBER 23, 1846.

Mr. Dix presented a memorial of ship-owners and merchants of the city of New York, praying an amendment of the law authorizing legal proceedings for the collection of seamen's wages: which was referred to the Committee on the Judiciary.

Mr. Dickinson presented the petition of C. P. Van Ness, late collector of the customs, praying the payment of his proportion of a forfeiture incurred by the illegal importation of certain goods into the district of Vermont: which was referred to the Committee on the Judiciary.

Mr. Atchison presented the petition of citizens of Mercer county, Missouri, praying the establishment of a mail route from Tully to St. Joseph, in that State: which was referred to the Committee on the Post Office and Post Roads.

Mr. Archer presented the memorial of Josiah Colston, a purser in the navy, praying that the accounting officers of the Treasury may be directed to allow certain items suspended in the settlement of his accounts: which was referred to the Committee on Naval Affairs.

On motion by Mr. Johnson, of Maryland,

Ordered, That the petition of William Morrow, on the files of the Senate, be referred to the Committee of Claims.

On motion by Mr. Yulee,

Ordered, That the petition of Peter Capella, administrator of Andrew Capella, on the files of the Senate, be referred to the Committee on the Judiciary.

Ón motion by Mr. Johnson, of Maryland,

Ordered, That the memorial of Oscar F. Pittman, on the files of the Senate, be referred to the Committee of Claims.

On motion by Mr. Dix,

Ordered, That Elijah White have leave to withdraw his petition and

papers.

Mr. Yulee submitted the following resolution; which was considered, by unanimous consent, and agreed to:

Resolved, That the Committee on Naval Affairs be instructed to inquire into the suitableness of iron as a material of construction for vessels of

war.

Resolved further, That the same committee inquire into the expediency of providing for the construction and repair of all vessels required for the use of the navy of the United States by contract.

On motion by Mr. Bagby,

Ordered, That so much of the message of the President of the United * States as relates to the Indian tribes be referred to the Committee on Indian Affairs.

On motion by Mr. Phelps,

Ordered, That the memorial of Maria Loubet, legal representative of Jean Baptiste Lomagne, on the files of the Senate, be referred to the Com'mittee on Revolutionary Claims.

Agreeably to notice, Mr. Dickinson asked and obtained leave to bring in a bill (S. 39) in relation to the district courts of the United States in the State of New York: which was read the first and second times, by unanimous consent, and referred to the Committee on the Judiciary.

Agreeably to notice, Mr. Yulee asked and obtained leave to bring in a bill (S. 40) for the relief of Fernando Fillany: which was read the first and second times, by unanimous consent, and referred to the Committee on Pensions.

Agreeably to notice, Mr. Breese asked and obtained leave to bring in at bill (S. 41) to organize a territorial government in the Oregon Territory, and for other purposes: which was read the first and second times, by unanimous consent, and referred to the Committee on the Judiciary.

Mr. Semple, from the Committee on Roads and Canals, reported a bill (S. 42) to provide for completing the Cumberland Road in, and ceding the same to, the States of Ohio, Indiana, Illinois, and Missouri: which was read, and passed to the second reading.

Mr. Semple, from the Committee on Private Land Claims, to whom was referred the petition of the legal representatives of John Rice Jones, deceased, submitted a report, accompanied by a bill (S. 43) for their relief. The bill was read, and passed to the second reading.

Ordered, That the report be printed.

Mr. Atherton, from the Committee on Printing, to whom was referred the resolution submitted by Mr. Yulee, the 17th instant, for printing a map of Florida, reported in favor of printing the same.

The Senate proceeded to consider the said resolution, with the report of the Committee on Printing thereon: and,

On motion by Mr. Phelps,

Ordered, That it lie on the table.

Mr. Atherton, from the Committee on Printing, to whom was referred a memorial of the representatives of the Society of Friends of New England, reported that the same be not printed.

The Senate proceeded to consider the report.

On motion by Mr. Davis to amend the report, by striking out the word "not,"

On motion by Mr. Davis,

. 21

21

The yeas and nays being desired by one-fifth of the Senators present,

4

Those who voted in the affirmative are,

Messrs. Archer, Badger, Barrow, Berrien, Thomas Clayton, John M. Clayton, Corwin, Crittenden, Davis, Evans, Greene, Jarnagin, Johnson, of Maryland, Johnson, of Louisiana, Mangum, Morehead, Niles, Phelps, Simmons, Upham, Woodbridge.

Those who voted in the negative are,

Messrs. Allen, Ashley, Atchison, Atherton, Bagby, Benton, Breese, Bright, Butler, Cass, Chalmers, Dickinson, Dix, Houston, Lewis, Semple, Sevier, Sturgeon, Turney, Westcott, Yulee.

The Senate being equally divided, the Vice President determined the question in the negative.

On motion by Mr. Mangum,

Ordered, That the report lie on the table.

Mr. Breese, from the Committee on Public Lands, to whom was referred the bill (S. 23) declaring the assent of Congress to certain States to impose a tax upon all lands hereafter sold by the United States therein from and after the day of such sale, reported it without amendment; and submitted a report on the subject, which was ordered to be printed.

Mr. Breese, from the Committee on Public Lands, to whom was referred the bill (S. 28) to create the office of surveyor general of the public lands in the Territory of Oregon, and to grant donation rights to settlers therein, and for other purposes, reported it with amendments.

Mr. Yulee, from the Committee on Private Land Claims, to whom was referred the petition of William B. Keene, reported a bill (S. 44) for his relief: which was read, and passed to the second reading.

Mr. Dix, from the Committee on Commerce, to whom the subject was referred, reported a bill (S. 45) to repeal the act of the second of March, 1837, entitled "An act concerning pilots:" which was read, and passed to the second reading.

Mr. Semple, from the Committee on Revolutionary Claims, to whom was referred the petition of the heirs of Lieutenant Crocker Sampson, deceased, submitted a report, accompanied by a bill (S. 46) for their relief. The bill was read, and passed to the second reading.

Mr. Westcott, from the Committee on the Judiciary, to whom was referred a memorial of Thomas Douglass, reported a bill (S. 47) for the relief of Thomas Douglass, late United States attorney for East Florida: which was read, and passed to the second reading.

Mr. Ashley, from the Committee on the Judiciary, to whom was referred the memorial of Richard S. Coxe, reported a bill (S. 48) for his relief: which was read, and passed to the second reading.

Mr. Woodbridge, from the Committee on Public Lands, to whom was referred the bill (H. R, 404) for the relief of Julius Eldred, Elisha Eldred, and Francis E. Eldred, for expenses and services in removing the copper rock from lake Superior, reported it without amendment.

After the consideration of Executive business,

The Senate adjourned.

THURSDAY, DECEMBER 24, 1846.

Mr. Breese presented the petition of Philip Pearce, praying the right of pre-emption to a certain tract of land: which was referred to the Com mittee on Public Lands.

Mr. John M. Clayton presented a petition of citizens of Delaware, praying the adoption of measures for the speedy termination of the war with Mexico.

Ordered, That it lie on the table.

Mr. Cass presented the petition of Naomi Davis, widow of Daniel Davis, deceased, an officer in the last war with Great Britain, praying a pension: which was referred to the Committee on Pensions.

On motion by Mr. Atchison,

Ordered, That the petition of William H. Hildreth, on the files of the Senate, be referred to the Committee on Indian Affairs.

On motion by Mr. Atchison,

Ordered, That the petition of Madison Allen, on the files of the Senate, be referred to the Committee on Public Lands.

On motion by Mr. Breese,

Ordered, That the petition of George Gordon, on the files of the Senate, be referred to the Committee on Public Lands.

On motion by Mr. Mangum,

Ordered, That the memorial of the Cherokee Indians, on the files of the Senate, praying payment of their claims agreeably to the Sth and 12th articles of the treaty of 1835, be referred to the Committee on Indian Affairs. On motion by Mr. Bagby,

Ordered, That the petition of Elijah White, on the files of the Senate, be referred to the Committee on Indian Affairs.

On motion by Mr. Johnson, of Louisiana,

Ordered, That the petition of Francis Sommeraner, on the files of the Senate, be referred to the Committee on Pensions.

On motion by Mr. Davis,

Ordered, That the petition of Thomas Henshaw, and others, on the files of the Senate, be referred to the Committee on Pensions.

On motion by Mr. Johnson, of Maryland,

Ordered, That the petition of Blair & Rives, on the files of the Senate, be referred to the Committee of Claims.

On motion by Mr. Butler,

Ordered, That the petition of Milledge Galphin, legal representative of George Galphin, deceased, on the files of the Senate, be referred to the Committee on the Judiciary.

Mr. Semple submitted the following resolution; which was considered, by unanimous consent, and agreed to:

Resolved, That the Committee on Patents and the Patent Office be instructed to inquire into the expediency of so amending the patent laws as to make a patent, when granted, valid as to the public until vacated by due process of law, and that in all cases positive injunctions issue against those infringing the patent right until such patent be so vacated.

Mr. Woodbridge submitted the following resolution; which was considered, by unanimous consent, and agreed to:

Resolved, That the Committee on Military Affairs be instructed to inquire into the expediency of making provision for the construction of additional works at Fort Gratiot, near the outlet of lake Huron, and of connecting the same with the military works at Sand Hill, in the State of Michigan, with leave to report by bill or otherwise; and that the communications from the War Department of the date of April 17th, 1840, of the