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in the said report, to wit: to strike out all of the said resolution, after the word Resolved, and to insert;

1. That Congress has power, under the Constitution, to appropriate money for the construction of post roads, military, and other roads, and for the improvement of water courses; when,

A motion was made by Mr. Desha to amend the said first amendment, by striking out these words, viz: and other. Which motion was rejected by the House.

Mr. Mills then moved that the further consideration of the whole subject be postponed indefinitely. And the question being taken thereon;

Yeas....................77,

It was determined in the negative, {Nays.com

The yeas and nays being required by one-fifth of the members present,

Those who voted in the affirmative, are
Mr. Adams,
Mr. Forney,

Mr Rice,
Allen, Mass,
Garnett,

Richards,
Allen, Vt.
Hale,

Ringgold,
Anderson, Pen.
Hall, N.C.

Ruggles,
Austin,
Hogg,

Sampson,
Ball
Holmes, Con.

Scudder,
Barbour, Va.
Hunter,

Settle,
Bassett,
Huntington,

Shaw,
Bellinger,
Johnson, Va.

Sherwood,
Bennett,
Kirtland,

Silsbee,
Blount,
M'Coy,

S. Smith,
Boden,
Marr,

Alex. Smyth,
Boss,
Mason, Mass.

J. S. Smith,
Bryan,
Merrill,

Speed,
Burwell,
Middleton,

Stewart, N.C.
Butler,
Mills,

Strong,
Clagett,
Moseley,

Tompkins,
Claiborne,
H. Nelson,

Townsend,
Cook,
'T. M. Nelson,

Tucker, s. c
Crafts,
New,

Tyler,
Culbreth,
Orr,

Walker, N. c.
Desha,
Owen,

Whitman,
Drake,
Pitkin,

Williams, Con.
Earle,
Pleasants,

Williams, N. Y.
Edwards,
Reed,

Williams, N. C. 77
Folger,

Rhea,
Those who voted in the negative, are
Mr. Abbott,
Mr. Bayley,

Mr. Colston,
Anderson, Ken. Beecher,

Comstock,
Baldwin,
Bloomfield,

Crawford,
Barber, Ohin,
Campbell,

Cruger,
Bateman,
Cobb,

Cushman,

Mr. Darlington, Mr. Lowndes,

Mr. Sawyer,
Ellicott,
M'Lane,

Schuyler,
Ervin, S. C.

W.P. Maclay, Sergeant,
Forsyth,
Marchand,

Seybert,
Gage,
Mercer,

Simkins,
Hall, Del.
Moore,

Slocumb,
Harrison,
Morton,

Bal. Smith,
Hasbrouck,
Mumford,

Southard,
Hendricks,
Murray,

Spencer,
Herbert,
Ogden,

Stuart, Md.
Herkimer,

Tallmadge,
Herrick,
Palmer,

Tarr,
Hiester,
Parrott,

Taylor,
Hitchcock,
Patterson,

Terrell,
Holmes, Mass.
Pawling,

Trimble,
Hopkinson,
Peter,

Tucker, Va.
Hubbard,
Pindall,

Upham,
Irving, N. v.
Poindexter,

Wallace,
Johnson, Ken.
Porter,

Wendover,
Jones,
Quarles,

Westerlo,
Kinsey,
Rich,

Whiteside,
Lawyer,

Robertson, Ken. Wilkin,
Linn,

Robertson, Lou. Wilson, Mass.
Livermore,
Savage,

Wilson, Pen. 87 The question recurred on concurring in the said first amendment of the committee of the whole, and being taken;

Yeas................ 90,
It passed in the affirmative,

Nays.............75. The yeas and 1:ays being required by one-fifth of the members present;

Those who voted in the aflirmative, are
Mr. Abbott,
Mr. Gage,

Mr. Linn,
Anderson, Ken. Hall, Del.

Livermore,
Baldwin,
Harrison,

Lowndes,
Barber, Ohio,
Hasbrouck,

M'Lane,
Bateman,
Hendricks,

W.P. Maclay,
Bayley,
Herbert,

Marchand,
Beecher,
Herkimer,

Marr,
Bloomfield,
Herrick,

Mercer,
Campbell,
Hiester,

Middleton,
Colston,
Hitchcock,

Moore,
Comstock,
Holmes, Mass.

Morton,
C awford,
Hopkinson,

Mumford,
Cruger,
Hubbard,

Murray,
Cushinan,
Irving, N.Y.

Jer. Nelson,
Darlington,
Johnson, Ken.

Ogden,
Ellicott,
Jones,

Ogle,
Ervin, S.O.
Kinsey,

Palmer,
Forsyth,
Lawyer,

Parrott,

{

Hogg,

Shaw,

Mr. Patterson, Mr. Sergeant,

Mr. Terrell,
Pawling,
Seybert,

Trimble,
Peter,
Simkins,

Tucker, Va.
Pindall,
Slocumb,

Upham,
Poindexter,
S. Smith,

Wallace,
Porter,
Bal. Smith,

Wendover,
Quarles,
Southard,

Westerlo,
Spencer,

Whiteside,
Robertson, Ken. Stuart, Md.

Whitman,
Robertson, Lou.
Tallmadge,

Wilkin,
Savage,
Tarr,

Wilson, Mass.
Schuyler,
Taylor,

Wilson, Pen. 90
Those who voted in the negative, are
Mr. Adams,
Mr. Forney,

Mr. Rice,
Allen, Mass.
Garnett,

Richards,
Allen, Vt.
Hale,

Ringgold,
Anderson, Pen.
Hall, N. C.

Ruggles,
Austin,

Sampson,
Ball,
Holmes, Con.

Sawyer,
Barbour, Va.
Hunter,

Scudder,
Bassett,
Huntington,

Settle,
Bellinger,
Johnson, Va.

Sherwood,
Bennett,

Kirtland,
Blount,
M'Coy,

Silsbee,
Boden,
Mason, Mass.

Alex. Smyth,
Bryan,
Mason, R. I.

J. S. Smith,
Burwell,
Merrill,

Speed,
Butler,
Mills,

Stewart, N.C.
Clagett,

Moseley,
Cobb,
H. Nelson,

Terry,
Cook,
T. M. Nelson,

Tompkins,
Crafts,
New,

Townsend,
Culbreth,
Orr,

Tucker, S. 6.
Desha,
Owen,

Taylor,
Drake,
Pitkin,

Walker, N. C.
Earle,
Pleasants,

Williams, Con.
Edwards,
Reed,

Williams, N.Y.
Folger,
Rhea,

Williams, N. C. 75 The question was then stated, upon concurring in the second resolution reported by the committee of the whole House, in the following words, viz:

2. Resolved, That Congress has power, under the Constitution, to construct post roads, and military roads: Provided, That private property be not taken for public use, without just comper. sation.

When, Mr. Holmes; of Massachusetts, moved to amend the same, by adding thereto, the following proviso:

And provided also, That the property of no state can be taken without its consent, and without just compensation.

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Strong,

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And the question being taken thereon;
It was determined in the negative.

Mr. Desha then moved to amend the said resolution, by inserting, after the word “roads,” the words, “with the consent of the states.

And the question being taken thereon;
It was also determined in the negative.

The question then recurred on agreeing to the said second resolution, and being taken;

Yeas.....................

......82, It was determined in negative,

The yeas and nays being required by one-fifth of the members present,

Those who voted in the affirmative, are
Mr. Anderson, Ken. Mr. Hubbard,

Mr. Rich,
Baldwin,
Irving, N. F.

Robertson, Ken.
Barber, Ohio,
Johnson, Ken.

Robertson, Lou.
Bateman,
Jones,

Savage,
Bayley,
Kinsey,

Schuyler,
Beecher,
Lawyer,

Sergeant,
Bloomfield,
Linn,

Seybert,
Campbell,
Livermore,

Simkins,
Colston,
Lowndes,

Slocumb,
Comstock,
M Lane,

Bal. Smith,
Crawford,
Marchand,

Southard,
Cruger,
Marr,

Speed,
Cushman,
Mercer,

Spencer,
Darlington,
Moore,

Stuart, Md.
Ellicott,
Morton,

Tallmadge,
Ervin, S. C.
Mumford,

Tarr,
Forsyth,
Murray,

Taylor,
Gage,
Ogden,

Terrell,
Hall, Del.
Ogle,

Trimble,
Harrison,
Palmer,

Upham,
Hasbrouck,
Parrott,

Wallace,
Hendricks,
Patterson,

Wendover,
Herbert,
Pawling,

Westerlo,
Herkimer,
Peter,

Whiteside,
Herrick,
Pindall,

Wilkin.
Hiester,
Porter,

Wilson, Mass.
Hitchcock,
Quarles,

Wilson, Pen, 82
Hopkinson,

Those who voted in the negative, are
Mr. Abbott,
Mr. Austin,

Mr. Bennett,
Adams,
Ball,

Blount,
Allen, Mass.
Babour, Va.

Boden,
Allen, Vt.
Bassett,

Boss,
Anderson, Pen.

Bellinger,

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Bryan,

Mr. Burwell,
Mr. W. Maclay,

Mr. Sampson,
Butler,
W. P. Maclay,

Sawyer
Clagett,
M Coy,

Scudder,
Claiborne,
Mason, Mass.

Settle,
Cobb,
Mason, R. 1.

Shaw,
Cook,
Merrill,

Sherwood,
Crafts,
Mills,

Silsbee,
Culbreth,
Moseley,

S. Smith,
Desha,
Jer. Nelson,

Alex. Smyth,
Drake,
H.Nelson,

J.S. Smith.
Earle,

T. M. Nelson, Stewart, N. C.
Edwards,
New,

Strong,
Folger
Orr,

Terry,
Forney,
Owen,

Tompkins,
Garnett,
Pitkin,

Townsend,
Hale,
Pleasants,

Tucker, Va.
Hall, N. C.
Poindexter,

Tucker, S. C.
Hogg
Reed,

Tyler,
Holmes, Mass. Rhea,

Walker, N. C.
Holmes, Con.
Rice,

Whitman,
Hunter,
Richards,

Williams, Con.
Huntington,
Ringgold,

Williams, N.Y.
Johnson, Va.
Ruggles,

Williams, N. C. 84 The question was then stated upon agreeing to the third resolution reported by the committee of the whole House, in the following words, viz:

3. Resolved, That Congress has power, under the Constitution, to construct roads and canals, necessary for commerce between the states: Provided. That private property be not taken for public purposes, without just compensation:

When, Mr. Holmes, of Massachusetts, moved to amend the same by subjoining the following proviso:

" And provided, That no property of any state shall be taken for this purpose, without its consent.”

And the question being taken thereon;
It was determined in the negative.

Mr. Tacker, of Virginia, then moved to amend the said resolution by inserting after the word "states," the following words: " with the consent of the states through which they pass." And the question being taken thereon;

Yeas.................46,

Nays.............. . The yeas and nays being required by one-fifth of the members present,

Those who voted in the affirmative, are
Mr. Abbott,
Mr. Barber, Ohio,

Mr. Crawford,
Adams,
Bateman,

Culbreth,
Ball,
Cobb,

Desha,

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