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zation in the case of James Shields, entered, as appears upon the record, on the twenty-first day of October, A. D. eighteen hundred and forty.

Given under my hand and private seal (there being no official (SEAL.]

seal yet provided for said court at Effington) this thirtyfirst day of January, A. D. eighteen hundred and forty-one.

JOHN S. KELLY, Clerk. The Senate, by unanimous consent, proceeded to consider the resolution reported by the committee;

And, after debate,

Ordered, That the further consideration thereof be postponed until to-morrow.

After the consideration of executive business,
The Senate adjourned.

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WEDNESDAY, MARCH 14, 1849. The Senate resumed the consideration of the resolution reported by the select committee in relation to the election of James Shields;

And after debate,
On motion by Mr. Cass that the resolution lie on the table,

Yeas...

15 It was determined in the negative, Nays.

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

Messrs. Bradbury, Cass, Dickinson, Douglas, Downs, Fitzpatrick, Foote, Hale, Hamlin, Jones, Rusk, Soulé, Sturgeon, Turney, Yulee.

Those who voted in the negative are,

Messrs. Atchison, Badger, Baldwin, Bell, Berrien, Borland, Bright, Butler, Calhoun, Chase, Clarke, Corwin, Davis, of Massachusetts, Davis, of Mississippi, Dawson, Felch, Greene, Hunter, Mangum, Mason, Miller, Morton, Norris, Pearce, Phelp:, Seward, Smith, Spruance, Underwood, Upham, Wales, Walker, Webster, Whitcomb.

On motion by Mr. Calhoun to amend the resolution, by adding thereto "at the commencement of the term for which he was elected." "After debate,

On motion by Mr. Hale that the further consideration of the resolution be postponed until to-morrow,

Yeas

24

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

Messrs. Atchison, Bell, Borland, Bradbury, Butler, Cass, Chase, Douglas, Downs, Felch, Fitzpatrick, Foote, Hale, Hunter, Jones,

It was decided in the affirmative, Nays

Mason, Norris, Rusk, Seward, Soulé, Sturgeon, Turney, Underwood, Yulee.

Those who voted in the negative are,

Messrs. Badger, Berrien, Bright, Calhoun, Clarke, Cooper, Corwin, Davis, of Massachusetts, Davis, of Mississippi, Dawson, Dickinson, Greene, Mangum, Miller, Morton, Pearce, Smith, Spruance, Upham, Wales, Walker, Webster, Wbitcomb.

The honorable James Shields having handed to the Vice President a letter tendering his resignation,

Mr. Hale called for the reading of the letter, and no objection being made, the letter was read.

Mr. Hale submitted the following resolution for consideration:

Resolved, That the Vice President be requested to inform the executive of the State of Illinois that the honorable James Shields has this day resigned his seat in the Senate of the United States.

On motion by Mr. Berrien, Ordered, That the consideration of the resolution be postponed until to-morrow.

The Senate adjourned.

THURSDAY, MARCH 15, 1849. Mr. Atchison presented a memorial of William P. Ross, W. S. Coodey, and John Drew, in behalf of the old settlers, or western Cherokees, complaining that they have been deprived of the rights that accrued to them under certain treaty stipulations between the United States and the Cherokee Indians, by the delay which has taken place in the execution of the same, and praying that a special tribunal be constituted for the settlement of conflicting views and interests of the several parties of the Cherokee Indians, and that the said stipulations be carried into effect; which was referred to the Committee on Indian Affairs.

On motion by Mr. Davis, of Massachusetts, Ordered, That sundry documents submitted by him in relation to the means necessary for the prevention of the explosion of steam boilers, and accidents on steamboats, be printed for the use of the Senate.

On motion by Mr. Davis, of Massachusetts, Ordered, That a communication from the Fifth Auditor of the Treasury to the chairman of the Committee on Commerce in relation to the construction of light-houses for the protection of com. merce, be printed for the use of the Senate.

On motion by Mr. Mason, Ordered, That the report from the Secretary of War, with a copy of the official journal of the march of Lieutenant Colonel Philip St. George Cooke from Santa Fé, in New Mexico, to San Diego, in Upper California, which was communicated to that department by Brigadier General Stephen W. Kearny, deceased, as directed to be furnished by the resolution of the Senate of the 21st of February last, be received by the Secretary of the Senate during the recess, and papers.

and that the same be printed, together with two thousand additional copies for the use of the Senate.

On motion by Mr. Butler, Ordered, That Peter Brown have leave to withdraw his petition On motion by Mr. Turney that the Senate proceed to the cons sideration of the resolution submitted by Mr. Hale, the 14th instant, requesting the Vice President to inform the executive of the State of Illinois that James Shields has this day resigned his seat in the Senate of the United States.

After debate,

On motion by Mr. Davis, of Mississippi, that the motion lie on the table,

s Yeas

33

14 On motion by Mr. Douglas, The yeas and nays being desired by one-fifth of the Senators present, Those who výted in the affirmative are,

Messrs. Atchison, Badger, Baldwin, Bell, Berrien, Borland, Bright, Butler, Calhoun, Clarke, Cooper, Corwin, Davis, of Massachusetts, Davis, of Mississippi, Dawson, Dickinson, Greene, Hamlin, Hunter, Mangum, Mason, Miller, Phelps, Seward, Smith, Spruanée, Sturgeon, Upham, Wales, Walker, Webster, Whitcomba Yulee.

Those who voted in the negative are, Messrs. Cass, Chase, Douglas, Downs, Felch, Fitzpatrick, Foote Hale, Jones, Norris, Rusk, Soulé, Turney, Underwood.

So the motion was ordered to lie on the table.

On motion by Mr. Mason, the Senate resumed the considerations of the resolution reported by the select committee, in relation to the election of James Shields,

And, after debate,
On motion of Mr. Davis, of Mississippi, that it lie on the table,

16 It was determined in the negative, { Mens

Nays.................

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

Messrs. Cass, Chase, Davis, of Mississippi, Douglas, Downs, Fitzpatrick, Foote, Hale, Jones, Norris, Rusk, Soulé, Sturgeon, Turney, Underwood, Yulee.

Those who voted in the negative are,

Messrs. Badger, Baldwin, Bell, Berrien, Borland, Bradbury, Bright, Butler, Calhoun, Clarke, Cooper, Corwin, Davis, of Massachusetts, Dawson, Dickinson, Felch, Greene, Hamlin, Hunter, Mangum, Mason, Miller, Morton, Phelps, Seward, Smith, Spruance, Upham, Wales, Walker, Webster, Whitcomb.

On the question to agree to the amendment proposed by Mr. Calhoun the 14th instant,

It was determined in the affirmative.
On motion by Mr. Underwood further to amend the resolution,

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by striking out the words “ was void,” and inserting in lieu thereof the following: “does not entitle him to a seat as such in this body;"

Yeas

16 ....

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

Messrs. Atchison, Bradbury, Chase, Davis, of Mississippi, Douglas, Downs, Felch, Fitzpatrick, Foote, Jones, Norris, Rusk, Soulé, Sturgeon, Underwood, Yulee. Those who voted in the negative are,

Messrs. Badger, Baldwin, Bell, Berrien, Borland, Bright, Butler, Calhoun, Clarke, Cooper, Corwin, Davis, of Massachusetts, Dawson, Dickinson, Greene, Hamlin, Hunter, Mangum, Mason, Miller, Morton, Phelps, Seward, Smith, Spruance, Upham, Wales, Webster.

On motion by Mr. Douglas to amend the resolution, by striking out all after the word “resolved," and inserting the following in lieu thereof: "That the Vice President be requested to notify the Executive of the State of Illinois that the honorable James Shields has resigned his seat in this body;">

s Yeas...

12

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

Messrs. Cass, Chase, Douglas, Downs, Fitzpatrick, Foote, Jones, Rusk, Soulé, Sturgeon, Underwood, Yulee.

. Those who voted in the negative are,

Messrs. Atchison, Badger, Baldwin, Bell, Berrien, Borland, Bradbury, Bright, Butler, Calhoun, Clarke, Cooper, Corwin, Davis, of Massachusetts, Davis, of Mississippi, Dawson, Dickinson, Greene, Hamlin, Hunter, Mangum, Mason, Miller, Morton, Phelps, Seward, Smith, Spruance, Upham, Wales, Walker, Webster.

No further amendment being proposed, the resolution was then agreed to, as follows:

Resolved, That the election of James Shields to be a Senator of the United States was void, he not having been a citizen of the United States the term of years required as a qualification to be a Senator of the United States at the commencement of the term for which he was elected.

On motion by Mr. Webster, Ordered, That the Vice President be requested to transmit to the Governor of the State of Illinois a copy of the said resolution, attested by the Secretary of the Senate.

After the consideration of executive business,
The Senate adjourned.

FRIDAY, MARCH 16, 1849. The Vice President being absent, the Senate proceeded to the choice of a President pro tempore, as the Constitution provides.

On motion by Mr. Mangum, Resolved, That the honorable David R. Atchison be appointed President of the Senate pro tempore.

On motion by Mr. Mangum, Ordered, That the Secretary wait on the President of the United States, and inform him that the Senate, in the absence of the Vice President of the United States, have chosen the honorable David R. Atchison, President of the Senate pro tempore.

On motion by Mr. Bell, Ordered, That the Committee on Indian Affairs be discharged from the consideration of the memorial of Will. P. Ross, W. s. Coodey, and John Drew, and that it be printed.

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

Resolved, that the Secretary be directed to purchase, for the use of the Senate, one hundred and twenty copies of the work on the Treasury Department, compiled and published ander the au. thority of the Secretary of the Treasury, by Robert Mayo, provided the price does not exceed five dollars per copy of two quarto volumes each.

On motion by Mr. Hunter, Ordered, That the heirs of William Ramsay have leave to withdraw their petition and papers.

Mr. Rusk submitted the following resolution for consideration:

Resolved, That the Sergeant-at-Arms of the Senate continue the messengers and folders during the recess of Congress as long as the public service may require.

Mr. Bright submitted the following resolution for consideration:

Resolved, That B. F. Brown be employed as a clerk in the Senate under the direction of the Secretary.

After the consideration of executive business,
The Senate adjourned.

SATURDAY, MARCH 17, 1849. On motion by Mr. Berrien, The Senate proceeded to the consideration of executive business; and after the consideration of that business,

On motion by Mr. Badger, The Senate adjourned.

MONDAY, MARCH 19, 1849. The Senate proceeded to consider the resolution, submitted by Mr. Rusk the i6th instant, relative to continuing the messengers and folders during the recess of the Senate; and,

On motion by Mr. Bright, Ordered, That it be referred to the Committee to Audit and Control the Contingent Expenses of the Senate.

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