rangements proper for the execution of said laws; and appoint and commission such officers as may be necessary to administer such laws in said territories for such term or terms as he may prescribe, whose authority shall continue until otherwise provided by Congress-said officers to receive such compensation as the President may prescribe, not exceeding double the compensation heretofore paid to similar officers of the United States, or its territories, for like services; and to enable the same to be done, the sum of two hundred thousand dollars be appropriated out of any money in the treasury not otherwise appropriated."

A motion was made by Mr. Bell, to amend the said amendment by adding thereto the following:

"SEC.. And be it further enacted, That Congress doth consent that all that portion of the territories of the United States acquired by the treaty of peace, friendship, limits, and settlement with the republic of Mexico, concluded February the second, eighteen hundred and forty-eight, which lies west of the Rio del Norte, and a line running due north from the head waters of the said river, until it strikes the forty-second parallel of north latitude, shall form one State, to be known and designated by the name and style of the State of California,' and the same, on the first day of October next, shall be received and admitted into this Union, as a new and entire member of the United States of America, is hereby admitted into the Union on an equal footing in all respects with the original States.

"SEC. And be it further enacted, That the acting governor of California, so soon as he shall be provided with a copy of this act to the end that the people may have an opportunity of establishing for themselves a constitution and republican form of government for said State prior to the first day of October next, shall immediately proceed to lay off the country, embraced within the limits of the proposed State, into convenient districts for the election of delegates to a convention for the purpose of forming a State constitution, and shall designate the time and place of holding the election in each district, appoint the officers to conduct the same, and prescribe the mode of making the return thereof, and shall apportion the delegates, fifty in all, among the several districts, as near as may be, according to the number of legal voters in each; and he shall also designate the time and place for the assembling of said convention. Every white mail inhabitant of said territory, being an actual resident of the proposed State, and having attained the age of twenty-one years, shall be entitled to vote at said election.

"SEC.. And be it further enacted, That the United States reserve to themselves all right of property in the unappropriated lands and other property in the territories admitted into the Union as a State, by the preceding section of this bill (act) free from all taxes and assessments of every kind by said State; and also the power of disposing of the same, and of adjusting all claims and title to land derived under any foreign government, in such manner as Congress shall prescribe, and nothing contained in said sec

tion shall be so construed as to limit and impair the rights and powers hereby reserved to the United States, in any manner what

soever.

"SEC.. And be it further enacted, That there shall be established in said State two judicial districts, to be known as the eastern and western districts of California, and all that portion of said State lying west of the Rio del Norte and the line running due north from the head waters of the same to the forty-second parallel of north latitude, and east of the meridian of west longitude from Washington, shall be the eastern district; and all that portion lying west of said meridian shall be the western district; and there shall be appointed a district judge for each of said districts, who shall be entitled to receive a salary of dollars each, and who shall hold three sessions of their respective courts annually; commencing in each district on the first Mondays of June, October, and February; the district judge of the eastern district, until otherwise provided by law, shall hold his court at ——, and the district judge of the western district at San Francisco; and said judges shall have the power and jurisdiction given by law to the judge of the district of Kentucky, under an act entitled 'An act to establish the judicial courts of the United States,' and an act in addition to 'an act to establish the judicial courts of the United States,' approved March 2, seventeen hundred and ninety three, and the acts supplementary thereto; said judges shall appoint their own clerk, who shall reside and keep the records of said courts at the places of holding the same, and shall receive for services performed by him the same fees to which the clerk of the district of Kentucky is entitled for similar services.

"SEC. And be it further enacted, That there shall be appointed a marshal and district attorney for each of said districts; the marshals shall perform the same duties, be subject to the same regulations and penalties, and be entitled to the same fees, as are provided for and prescribed to marshals of other districts, and shall, in addition be entitled to the sum of two hundred dollars as a compensation for all extra services, and the district attorneys shall, in addition to their stated fees as now prescribed by law to other district attorneys, be paid annually two hundred dollars.

"SEC.. And be it further enacted, That the said State of California, until the next census and apportionment, shall be entitled to two Representatives in the Congress of the United States."

And, on the question to agree to the amendment proposed by Mr. Bell,

It was determined in the negative, {eas:

On motion by Mr. Hunter,

4

39

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

Messrs. Bell, Dodge, of Iowa, Douglas, Downs.

Those who voted in the negative are,

Messrs. Atchison, Atherton, Baldwin, Benton, Berrien, Bradbury, Breese, Butler, Calhoun, Clarke, Corwin, Davis, of Mississippi,

Dayton, Dickinson, Dix, Felch, Fitzgerald, Fitzpatrick, Foote, Greene, Hamlin, Houston, Hunter, Johnson, of Georgia, King, Mangun, Mason, Miller, Niles, Pearce, Phelps, Spruance, Sturgeon, Turney, Underwood, Upham, Walker, Westcott, Yulee.

On motion by Mr. Dayton,

The Senate adjourned.

THURSDAY, FEBRUARY 22, 1849.

The Vice President presented a report from the Secretary of the Treasury in relation to the warehousing system.

On motion by Mr. Dix,

Ordered, That it be printed, and that 10,000 additional copies be printed for the use of the Senate.

Mr. Webster presented a memorial of citizens of Springfield, Massachusetts, praying that the patent laws may be so amended as to secure to patentees the benefit of their inventions; which was referred to the Committee on Patents and the Patent Office.

Mr. Davis, of Mississippi, presented a petition of the commissioned officers of the third regiment of artillery, praying that the non-commissioned officers of that regiment may be placed on the same footing, as to certificates of merit, with other enlisted men of the army; which was referred to the Committee on Military Affairs. Mr. Fitzpatrick presented the memorial of Perry E. Brocchus, in behalf of certain officers, non-commissioned officers, musicians, and privates, of the marine corps, who served in the late war with Mexico, praying that they may be allowed extra pay and bounty land; which was referred to the Committee on Naval Affairs.

Mr. Dickinson presented resolutions passed by the Legislature of the State of New York, in favor of the adoption of measures for giving effect to a resolution of Congress authorizing the erection of a monument to the memory of General Nicholas Herkimer, an officer in the revolutionary army.

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

On motion by Mr. Sturgeon,

Ordered, That Mary D. Wade have leave to withdraw her petition and papers.

Mr. Breese 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 granting to each non-commissioned officer, musician, and private, or the heirs of those who have died, who were in actual service six months or more in the army of the United States, or volunteers, or mounted rangers, during the war of 1812 with Great Britain, a quantity of land, as bounty, not exceeding one hundred and sixty acres.

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

Resolved, That the Secretary of the Navy be instructed to communicate to the Senate a copy of the official report of Captain. Mervine, of the United States navy, relative to the battle of St.

Clara, and the subsequent surrender of the insurgents to the forces under Captain Ward Marston, of the United States marine corps, which resulted in the quelling of the insurrection in north California; and also a copy of the correspondence between the said Captain Mervine and Captain Ward Marston, together with a copy of the general order issued by Captain Mervine on the return of the expedition to Yerba Buena, California.

Mr. Breese 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 expediency of granting three months' extra pay to all the officers, warrant and petty officers, ordinary seamen, landsmen, and marines, engaged in actual service in the war with Mexico, in the Gulf of Mexico and Pacific ocean, and adjacent

coasts.

Mr. Atherton submitted the following resolution for consideration:

Resolved, That the Senate will to-day take a recess from four o'clock, p. m., until six o'clock, p. m.

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

Resolved, That the Committee on the Post Office and Post Roads be instructed to inquire whether the contract made with Edward Mills, by the Postmaster General, for the transportation of the mail between the United States and Bremen, under the authority of the act to provide for the transportation of the mail between the United States and foreign countries, approved March 3, 1845, has been executed according to its terms by said Mills, and whether it is expedient to continue said contract beyond the period of five years, to which it is now limited by its terms.

Mr. Douglas submitted the following resolution for considera

tion:

Resolved, That hereafter the hour of meeting of the Senate shall be eleven o'clock.

Mr. Pearce submitted the following resolution for consideration: Resolved, That the Secretary of the Treasury be directed to communicate to the Senate whether additional rooms are needed for the use of the government, for the safe custody of its archives and for the transaction of business connected with the several departments, and whether, in his opinion, the building on the corner of F and 17th streets, belonging to William H. Winder, is suitable for such purposes, and whether it is expedient to purchase said building, if the same can be had for a reasonable price.

On motion by Mr. Yulee,

Ordered, That John Collins have leave to withdraw his petition and papers.

Mr. Yulee, from the Committee on Naval Affairs, to whom was referred the bill (H. R. 507) for the relief of William Tee, of Portsmouth, Virginia, reported it without amendment, and submitted an adverse report on the subject; which was ordered to be printed.

Mr. Yulee, from the Committee on Naval Affairs, to whom was referred the memorial of the heirs of William Flannigan and William Parsons, submitted an adverse report; which was ordered to be printed.

On motion by Mr. Westcott,

Ordered, That the report of the Secretary of the Treasury, accompanied by a report of the superintendent of the coast survey in relation to the survey of the coast of Florida, and its keys and reefs, be referred to the Committee on Commerce.

Mr. Borland, from the Committee on Public Lands, to whom was referred the petition of the widow and heirs of Henry Perrine, reported a bill (S. 479) for their relief; which was read and passed to a second reading.

Mr. Breese, from the Committee on Public Lands, to whom was referred the petition of S. Woods, reported " that the prayer of the petitioner be not granted."

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

S. 142. A bill to amend an act entitled "An act to provide for. the punishment of offences committed in cutting, destroying, or removing live-oak and other timber or trees reserved for naval purposes," approved the 2d of March, 1831;

S. 184. A bill to cede to the State of Alabama the lands unsold in that State, belonging to the United States, and remaining unsold after the 1st day of May, 1848, and for other purposes;

S. 389. A bill for the relief of Samuel J. Bayard, late receiver at Fairfield, Iowa; reported the same without amendment, and that they ought not to pass.

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

S. 368. A bill for the relief of Elisha Hampton and others, of Iowa;

H. R. 574. An act granting a half section of land for the use of schools within fractional township 19 south, of range 18 west, county of Lowndes, State of Mississippi; reported the same without amendment.

Mr. Atherton, from the Committee on Finance, to whom was referred the bill (H. R. 746) to authorize the coinage of twenty-dollar and one-dollar gold pieces at the mint of the United States and its branches, reported it with amendments; which were read.

Mr. Baldwin, from the Committee on Pensions, to whom was referred the bill (H. R. 548) for the relief of Mary Buck, reported it without amendment.

Mr. Johnson, of Louisiana, to whom was referred the bill (H. R. 621) for the relief of Captain Alexander McEwen, reported it without amendment.

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

Mr. President: The House of Representatives have passed bills of the following titles: