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No amendment being made, they were severally reported to the Senate.
Ordered, That they pass to a third reading.
The said bills were read a third time.
Resolved, That they pass.

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

The Senate resumed, as in Committee of the Whole, the consideration of the bill (H. R. 282) making appropriations for the improvement of certain harbors and rivers; and, After debate,

On motion by Mr. James, The Senate adjourned.

THURSDAY, August 19, 1852.

The President pro tempore laid before the Senate a report of the Secretary of the Treasury, communicating, in compliance with a resolution of the Senate, information in relation to an extension of the reconnoissance of the coast of California by the coast survey, south, to Cape St. Lucas: which was read.

Ordered, That it lie on the table, and be printed.

The President pro tempore laid before the Senate a report of the postmaster general, communicating, in compliance with a resolution of the Senate, information in relation to the clerks in that department; which was read.

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

Mr. Hamlin presented the petition of David K. Arey, praying that register may be granted to the barque Queen; which was referred to the Committee on Commerce.

Mr. Seward presented a memorial of claimants against Brazil, to whom awards were made by the commission appointed to adjudicate those claims, praying that an appropriation may be made to pay the balance of the amounts awarded them; which was referred to the Committee on Foreign Relations.

Mr. Mangum, from the Committee on Foreign Relations, to whum was referred the memorial of Mrs. Mary Martin, reported a bill (S. 513) for the relief of Mary Martin, administratrix of Robert Lindsay; which was read, and passed to the second reading.

On motion by Mr. Hunter, that the Senate proceed to consider the bill (H. R. 196) making appropriations for the civil and diplomatic expenses of government for the year ending 30th June, 1853.

31 It was determined in the affirmative,

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

Messrs. Adams, Atchison, Bell, Bradbury, Brodhead, Brooke, Butler, Charlton, Chase, Clarke, Davis, Dawson, De Saussure, Fish, Foot, Gwin, Hunter, Jones of Tennessee, King, Mallory, Mangum, Mason, Meriwether, Morton, Pearce, Pratt, Smith, Spruance, Sumner, Underwood, Upham.

Those who voted in the negative are,

Messrs. Borland, Bright, Cass, Dodge of Wisconsin, Dodge of Iowa, Douglas, Felch, Geyer, Hale, Hamlin, James, Jones of Iowa, Rusk, Sebastian, Shields, Wade, Walker.

The following amendment being under consideration :
Insert at the end of line 73-

“For continuing the preparation and publication of the works of the exploring expedition, including the expenses of the green-house and for the settlement of arrears due on the erection of said green-house, twentyfive thousand dollars.”

A motion was made by Mr. Brodhead to amend the same by adding thereto: Provided, That the aforesaid sum of twenty-five thousand dollars shall complete the preparation and publication of said works. A Yeas

16 | --

30 On motion by Mr. Bradbury, The yeas and nays being desired by one-fifth of the senators present, Those who voted in the affirmative are, Messrs. Adams, Atchison, Borland, Bradbury, Brodhead, Cass, Dodge of Wisconsin, Dodge of Iowa, Douglas, Hunter, Meriwether, Norris, Rusk, Sebastian, Soulé, Walker.

Those who voted in the negative are,

Messrs. Badger, Bell, Brooke, Butler, Chase, Clarke, Davis, Dawson, De Saussure, Downs, Fish, Foot, Geyer, James, Jones of Iowa, Jones of Tennessee, Mallory, Mangum, Mason, Morton, Pearce, Pratt, Seward, Shields, Smith, Spruance, Sumner, Toucey, Upham, Wade.

On motion by Mr. Mangum, Ordered, That the further consideration of the bill be postponed until to-morrow, and be the order of the day at half past 11 o'clock.

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

Mr. President: The House of Representatives have passed a bill (H. R. 297) declaring the Wheeling bridges lawful structures, and for other purposes ; in which they request the concurrence of the Senate.

The bill last mentioned, from the House of Representatives, was read the first and second times by unanimous consent.

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

The engrossed bill (S. 540) to create an additional land office in the Territory of Minnesota, was read a third time.

Resolved, That this bill pass, and that the title thereof be as aforesaid.

Ordered, That the Secretary request the concurrence of the House of Representatives in this bill.

The Senate resumed, as in Committee of the Whole, the bill (H. R. 282) making appropriations for the improvement of certain harbors and rivers.

On the question to agree to the following reported amendment :

Sec. 1, line 38. After the word “Congress,strike out the words “to report said contract, the progress of said work, and an estimate of the annual cost of keeping said channel open;" and insert, to report the progress of the work, the amount necessary to complete it, and an estimate of the annual cost of keeping said channel open; and any contract shall be limited to the amount hereby appropriated.

Yeas...

37 It was determined in the affirmative,

Nays.

13 On motion by Mr. Bright, The yeas and nays being desired by one-fifth of the senators present, Thoso who voted in the affirmative are,

Messrs. Adams, Atchison, Bayard, Bell, Bradbury, Brodhead, Butler, Chase, Clarke, Davis, Dawson, De Saussure, Dodge of Wisconsin, Douglas, Fish, Foot, Gwin, Hunter, Jones of Tennessee, King, Mallory, Mazgum, Mason, Meriwether, Morton, Norris, Rusk, Seward, Shiells, Smith, Soulé, Spruance, Sumner, Toucey, Underwood, Upham, Wade.

Those who voted in the negative are,

Messrs. Badger, Borland, Bright, Cass, Dodge of Iowa, Downs, Felch, Geyer, James, Jones of Iowa, Pratt, Sebastian, Walker.

On motion by Mr. Cass, to amend the reported amendment by striking out the words "a survey of the Rappahannock river, Virginia, three thonsand dollars," and inserting, such surveys of rivers and harbors as may be directed by the Secretary of War and to be expended under his direction, thirty thousand dollars.

Yeas -.

21 It was determined in the negative,

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

Messrs. Bayard, Borland, Bradbury, Brodhead, Cass, Chase, Dawson, Dodge of Iowa, Douglas, Downs, Felch, Fish, Geyer, Gwin, James, Jones of Iowa, Pratt, Sebastian, Shields, Sumner, Walker.

Those who voted in the negative are,

Messrs. Adams, Atchison, Badger, Bell, Brooke, Butler, Charlton, Clarke, Davis, De Saussure, Dodge of Wisconsin, Foot, Hale, Hunter, King, Mallory, Mason, Meriwether, Morton, Rusk, Seward, Smith, Soulé, Spruance, Toucey, Underwood, Upham, Wade.

On motion by Mr. Butler, The Senate adjourned.

FRIDAY, August 20, 1852. On motion by Mr. Hale, Ordered, That the execution of the order of the Senate assigning Friday of each week for the consideration of private claims, be suspended for this day.

The President pro tempore laid before the Senate a report of the Secretary of the Treasury, a report of the Secretary of War, a report

of the Secretary of the Navy and a report of the Attorney General communicating, in compliance with a resolution of the Senate, information in relation to the clerks in those departments and their bureaus, and in the office of the Attorney General.

The reports were read.
Ordered, That they be referred to the Committee on Finance.

The President pro tempore laid before the Senate a report of the Secre tary of the Treasury, in answer to a resolution of the Senate relative to

the employment of agents to pay the interest on the public debt; which

was read.

Ordered, That it lie on the table, and be printed.

The President pro tempore laid before the Senate a letter from the Secretary of the Smithsonian Institution communicating the sixth annual report of the Board of Regents of that Institution ; which was read. Ordered, That it lie on the table, and be printed. On motion by Mr. Pearce, that five thousand additional copies be printed, Ordered, That the motion be referred to the Committee on Printing.

On motion of Mr. Gwin, Ordered, That the report of the Secretary of the Treasury relative to the extension of the operations of the coast survey on the coast of California to Cape St. Lucas on the Pacific coast, be referred to the Committee on Finance.

Mr. Bradbury presented additional documents relating to the claims of Maine and Massachusetts against the United States under the fifth article of the treaty of Washington; which were referred to the Committee on the Judiciary.

Mr. Soulé presented the memorial of John M. Fogno, praying that his memorial and papers which had been before the late board of commissioners for the settlement of claims of American citizens against Mexico, may be referred to the select committee appointed the 26th February.

Ordered, That it be referred to the select committee appointed on the subject.

Mr. Cooper presented a petition of citizens of York county, Pennsylvania, praying that the bill requiring the Secretary of the Treasury to deposit the fourth instalment of the deposites of the public moneys directed to be made by the act of 232 June, 1836, may become a law; which was referred to the Committee on Finance.

On motion by Mr. Soulé, Ordered, That the Committee on Commerce be discharged from the further consideration of the memorial of officers, clerks and others in the civil and military departments of the United States government in New Mexico, and that it be referred to the Committee on Military Affairs.

Mr. Charlton reported from the committee that they had examined and found duly enrolled, the following bills :

H. R. 176. An act for the relief of David Murphy.

H. R. 257. An act to amend an act entitled * An act to settle and adjust the expenses of the people of Oregon in defending themselves from attacks and hostilities of Cayuse Indians in the years 1847 and 1848,” approved February 14, 1851.

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

Mr. President: The Speaker of the House of Representatives having signed two enrolled bills, I am directed to bring them to the Senate for the signature of their President.

The President pro tempore signed the two enrolled bills (H. R. 176 and H. R. 257) this day reported to have been examined, and they were delivered to the committee to be presented to the President of the United States.

On motion by Mr. Hale, that the Senate proceed to the consideration of the bill (H. R. 7) to encourage agriculture, commerce, manufactures and all other branches of industry, by granting to every man who is the head of a family and a citizen of the United States, a homestead of one hundred and sixty acres of land out of the public domain, upon condition of occupancy and cultivation of the same for the period herein specified.

Yeas.

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

Messrs. Bright, Cass, Chase, Clarke, Cooper, Dodge of Wisconsin, Dodge of Iowa, Douglas, Downs, Hale, James, Jones of Iowa, Seward, Sumner, Wade, Walker.

Those who voted in the negative are,

Messrs. Adams, Atchison, Badger, Bayard, Bell, Borland, Bradbury, Brodhead, Brooke, Butler, Charlton, Davis, Dawson, De Saussure, Felch, Fish, Geyer, Hamlin, Hunter, Jones of Tennessee, King, Mallory, Mangum, Mason, Meriwether, Morton, Norris, Pearce, Pratt, Rusk, Sebastian, Shields, Smith, Soulé, Spruance, Toucey, Underwood, Upham.

Mr. Jones, of Iowa, submitted the following resolution for consideration :

Resolved, That during the residue of the session the Senate will take a recess, daily, from four o'clock p. m. to seven p. m.

Mr. Mason, from the Committee on Foreign Relations, to whom was referred the message of the President of the United States of the 26th of July, in relation to the boundary line between the United States and Merico, submitted a report (No. 345,) accompanied by the following resolution:

Resolved, First, That by the treaty between the United States and Mexico, concluded at Guadalupe Hidalgo, on the 2d day of February, in the e year 1818, no other power or authority is given to the commissioners and surveyors whose appointment is therein provided for, than to determine and by suitable landmarks establish the boundaries between the two countries as they are prescribed by said treaty, and that nothing in said treaty contained can be construed to authorize those officers, in any manner, to alter, vary or modify the boundaries so provided.

Second, That such power and authority is conferred by the treaty on the commissioner and surveyor of each government jointly, and that no separate power is conferred on either.

Third, That the act of John R. Bartlett, esquire, the commissioner on the part of the United States, in disregarding the boundaries laid down on the map which is made a part of the treaty, and in establishing in lieu of one of said boundaries, a parallel of latitude as determined by astronomical observations, is a departure from the treaty.

The Senate proceeded by unanimous consent to consider the resolution; and

Ordered, That the further consideration thereof be postponed to, and made the special order for, Tuesday next, and that the report and resolution be printed.

Mr. Átchison, from the Committee on Indian Affairs, reported a joint resolution (S. R. 57) to authorize the settlement of the accounts of James Pool; which was read, and passed to the second reading.

Mr. Rusk, from the Committee on the Post Office and Post Roads, to whom was referred the petition of James Jeffries and Jeremiah M. Smith, reported a bill (S. 544) for their relief ; which was read, and passed to the second reading.

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